The Attitude of Belgian Authorities Toward New Religious Movements

I. LEGAL FOUNDATIONS OF RELIGIOUS FREEDOM IN BELGIUM The Belgian Constitution of 1831 guarantees the freedom of worship and the freedom to practice one's religion in public.1 These freedoms impliedly extend to those who choose not to believe in or practice any religion: "No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest."2 The only restriction on religious liberty in Belgium is that one cannot commit offenses under the guise of exercising one's right to worship.3 Belgium also protects the freedom of religion and belief through its ratification of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950.4 Similar to the Belgian Constitution, the Convention provides that "[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom... to change his religion or belief and freedom, to manifest his religion or belief, in worship, teaching, practice and observance."5 The Convention's right to religion is limited by language similar to that of the Belgian Constitution: Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and free IMAGE FORMULA6doms set forth herein or at their limitation to a greater extent than is provided for in the Convention.6 These fundamental legal sources constitute the foundation for freedom of religion in Belgium. Belgium's recent initiatives regarding New Religious Movements ("NRMs") are not intended to challenge these fundamental rights in any way, nor should they be interpreted as such. Part II of this article discusses the actions Belgium has taken regarding NRMs, including the establishment of the Information and Advice Center Concerning Harmful Sectarian Organizations ("Center"). Part III clarifies the meaning of the controversial term "harmful sectarian organization." Part IV describes the functions of the Center, and Part V provides an example of the Center's work by describing its research and recommendations regarding the Church of Jesus Christ of Latter-day Saints. Part VI concludes that Belgium has made some noble efforts in regards to NRMs, one of which is the creation of the Center. II. ESTABLISHMENT AND LEGAL STATUS OF THE INFORMATION AND ADviCE CENTER CONCERNING HARMFUL SECTARIAN ORGANIZATIONS Following the mass suicide of seventy-four members of the "Temple Solaire," a sect that included Doctor Luc Jouret, a Belgian citizen and one of two Temple Solaire leaders, Belgian authorities decided that it was their duty to protect Belgian citizens from the dangers associated with sectarian organizations. A. Belgium's Actions Regarding Religions: The Creation of the Center In 1996, authorities instigated a Parliamentary Commission of Investigation to scrutinize sects and NRMs in Belgium. The report of this parliamentary investigation ("Report") was presented to the Federal Parliament during the ordinary session of April 28, 1997.7 A IMAGE FORMULA13synoptic list of all groups that were dealt with during the discussions, without judging their sectarian or harmful character, was added as an appendix to the Report. Perhaps without understanding the purpose of the synoptic list, the media has greatly publicized and criticized this so-called "list of 189 sects." However, the introduction to the list explicitly states the following: This enumeration constitutes neither an acceptance of position nor a value judgment on the part of the Commission. Hence, the fact that a group appears in the list, even on the initiative of any state authority, does not mean that the Commission supposes it to be a sect or, a fortiori, to be harmful.8 Nonetheless, it must be admitted publishing such a list was imprudent and could give rise to interpretations that the listed organizations were dangerous, an interpretation not intended by the Report's drafters. …