E/CN.4/1999/58
page 13
restitution and compensation involving Jewish and Christian communities:
Golgotha Evangelical Baptist Church, Catholic Church and Orthodox Church.
Several religious communities enjoy advantages, such as tax exemption, with
respect to the reconstruction or renovation of restituted places of worship.
Material and financial aid is also provided by the local authorities. The
reply states, “It should be noted that the restitution process, certain
aspects of which involve relations between nationalities, is by definition
sensitive and delicate. The Belarusian Government considers that this
question should be settled through consultation between the authorities and
the representatives of various national and religious minorities, which should
be guaranteed equal rights and resources, care being taken not to violate the
fundamental rights and freedoms of the majority. Another challenge is to
avoid any action which might provide a particular religious community or
congregation with a dominant or special position in society, which could give
rise to conflicts between nationalities or religious conflicts.”
40.
The Special Rapporteur expresses his appreciation of this policy and
understands the difficulties encountered; he hopes that it will have the
maximum impact in promoting human rights in general and freedom of religion
and belief in particular.
Belgium
41.
New legislation reportedly establishes a “sect oversight organization”.
However, a report covering 189 organizations, including Baha’is, Hasidic Jews,
Evangelists, Pentecostalists and Adventists, is said to be based on rumour
rather than serious inquiries. Some communities were allegedly not invited to
the hearings of the Parliamentary Commission on Sects or were not given an
opportunity to defend themselves in time. Their inclusion in the
above-mentioned report has apparently caused difficulties for some communities
(in renting public premises, for example).
42.
Belgium presented a detailed explanation of the functioning and mandate
of the Parliamentary Commission responsible for producing a policy to curb
sects and the dangers they represent to individuals, and in particular minors;
it provided definitions of the terms “secte” (“organized group of individuals
espousing the same doctrine within a religion” - the Commission considers
sects in this sense to be respectable and to reflect the normal exercise of
the freedom of religion and assembly guaranteed by fundamental rights) and
“organisation sectaire nuisible” (harmful sectarian organization) (“group
having or claiming to have a philosophical or religious purpose whose
organization or practice involves illegal or injurious activities, harms
individuals or society or impairs human dignity”). The synoptic table of 189
groups in the Commission’s report indicated that (a) the information in
question was provided either by official agencies (gendarmerie, judicial
police, State security police, general information and security service,
prosecution services) on the basis of interviews, or by direct or indirect
witnesses questioned under oath; (b) the group listing represented neither the
Commission’s position nor a value judgement on its part; (c) a thorough
investigation was conducted of all movements and the table updated
accordingly. During the plenary debate in the House, the rapporteur explained
that the Commission had limited itself to a record-keeping role. In the
course of follow-up action, a law was adopted establishing an independent