Government Measure On guaranteeing equal treatment for religious bodies holding occasional activities in public places BC N December 2017 Programa Barcelona Ciutat de Drets Area of Citizens’ Rights, Participation and Transparency Direcció de Serveis de Drets de Ciutadania i Diversitat Passeig de Sant Joan, 75, 2a planta 08009 Barcelona T: 932 562 035 barcelona.cat/dretsidiversitat Area of Citizens’ Rights, Participation and Transparency Ajuntament de Barcelona December 2017 CONTENTS 1. INTRODUCTION 4 2. GENERAL REGULATORY FRAMEWORK 6 2.1. Different conceptions of religious freedom and their recognition in the Universal Declaration of Human Rights 6 2.2. Protection of religious freedom in the Spanish state and Catalonia 7 2.3. Secularism as a framework for the relationship between public authorities and religious denominations 9 3. RELIGIOUS DIVERSITY IN BARCELONA 10 3.1. Presence of different religious traditions in the city: diversity of traditions, centres of worship, territorial distribution 10 3.2. Types of activities organised by minority religious traditions in Barcelona 13 3.3. M ain needs and demands of the minority religious bodies and communities in Barcelona 14 4. U SE OF PUBLIC SPACE BY RELIGIOUS BODIES 16 4.2. Subjecting activities organised by religious bodies on the public highway to taxatio 17 access to public spac 18 5. OCCASIONAL USE OF PUBLIC FACILITIES BY RELIGIOUS BODIE 20 5.1. Applicable legislation and regulations 20 access to municipal facilities 20 6. AIMS OF THE MEASURE 22 7. GOVERNMENT MEASURE LINES OF ACTION 23 7.1.I ncreased municipal support for the activity of religious bodies in Barcelona 23 7.2. Planning the organisation of occasional religious activities in municipal facilities and on the public 24 7.3. Religious diversity training plan 27 7.4 D rafting and disseminating guides on managing religious diversity in various spheres, to guarantee the right to religious freedom 28 8. BUDGET 29 1. INTRODUCTION One of the phenomena that characterises events and meet all the safety require- our city most clearly is its growing diver- ments. of this. This diversity is not new but it has There is no statutory provision to prevent developed more quickly in recent years. It these activities taking place outdoors or, has been fed by migration on the one from time to time, in public centres be- hand and a change in the social paradigm cause of their religious nature. In fact, the that has occurred in all societies on the practice of religion is specially protected in other, which is gradually introducing dialo- our legal system, the only restriction being gue into all spheres of life in response to a that the public authorities must remain feeling of uncertainty. A rigorous analysis neutral and safeguard public morals, health of our society shows it has never been ho- and safety. The response to requests to mogenous but, today, the interdepen- use the public space or public facilities dence between a globalised society and must therefore be based on criteria that are the various groups that are part of it is in- clear enough to prevent possible situations creasing the plurality that characterised it 4 in times gone by, opening up new oppor- respond to the needs of the various com- tunities but also giving rise to some cha- munities. Direcció de Serveis de Drets de Ciutadania i Diversitat Given the greater variety of demands in re- Government Measure We have seen how, in recent years, religi- lation to the expression of religious beliefs On guaranteeing ous movements have become more promi- and other forms of conscience, public em- equal treatmen nent and more important around the world, ployees need to be equipped with instru- for religious bodies a development that is evident in our city. In ments that enable them to manage these 2015, there were 513 centres of worship in requests adequately. It was with this aim in Barcelona, belonging to 21 religious traditi- mind that the Observatory of Religious Plu- ons. This heterogeneous and plural soci- ralism in Spain published a guide in 2013 ety, where people and groups with different called Vía pública y libertad religiosa [The ideologies and beliefs live side by side, is public highway and religious freedom]. This now facing a number of debates over what guide, a compendium of recommendations access religious organisations should have for local councils on the expression of reli- to the public space. gious beliefs in public places, has been a source of reference for drafting this go- While each person’s religious beliefs are vernment measure. The Directorate-Gene- obviously a private matter, it is equally ob- ral of Religious Affairs has also published a vious that those beliefs are usually expres- Catalan version of the guide, which takes sed collectively. As a rule, this collective - expression takes place in centres of wors- lonia and its legislation. hip but, occasionally, it can also take place on the streets or in public buildings. The purpose of this measure is, therefore, to provide tools for council staff, as well as Processions are possibly the best example religious and other organisations of cons- of religious ceremonies that take place on cience, carrying out activities in the public public thoroughfares but the activity of reli- sphere. It offers criteria for handling re- gious organisations can include setting up quests from religious entities to carry out information stalls there as well. We should all kinds of activities (not just worship but also remember that, during certain festi- others as well) outdoors and in public faci- vals, the centres of worship do not have lities. It also develops the lines of work started by previous city governments in those who want to take part, so some reli- providing municipal support for religious gious bodies request the occasional use of bodies. In fact, this a central part of the public facilities where they can hold these Affairs (hereafter the OAR). Finally, the me- matters of conscience, religious or not, asure includes an innovative Religious Di- can exist side by side on equal terms and versity Training Plan to raise awareness of with due respect. The ultimate aim of this the plurality of beliefs in the city. measure is, therefore, to move forward on respect and guarantees for the fundamen- As a local government body committed to tal right to freedom of religion and consci- the defence of human rights, Barcelona ence recognised in our basic legislative City Council has a duty to put a framework texts and all kinds of international treaties to manage religious diversity in place that and agreements. is compatible with the current legal fra- mework. In defence of the basic freedom All these actions will be driven by the De- of religion and conscience on the one partment of Citizens’ Rights and Diversity, hand, and secularism on the other, the lat- with political guidance from the Fourth De- ter understood to mean the framework of public authority neutrality within which all 5 Direcció de Serveis de Drets de Ciutadania i Diversitat Government Measure On guaranteeing equal treatmen for religious bodies 2. GENERAL REGULATORY FRAMEWORK 2.1. The different conceptions of religious freedom and their recognition in the Universal Declaration of Human Rights Faced with cultural and religious diversity, also limits even further any possible res- states respond differently in their relations- trictions on the right to religious freedom, hips with the various religious communi- establishing that these restrictions (based ties. Broadly speaking, there might be a on the conditions already set out in Article tendency towards acculturation and ac- 18 of the ICCPR) must be necessary and cepting the majority public culture, restric- prescribed by law. ting religious identity to the private sphere. Another possibility is closed communities, where the different communities do not share a common public culture. Finally, there is a trend towards interdependence between a legitimate public culture for all groups that embraces diversity and their own identity. This latter perspective ap- plies the equality of differences principle, whereby all communities are guaranteed 6 the same right to religious freedom and freedom to exercise and manifest their re- Direcció de Serveis de Drets de ligious tradition. Ciutadania i Diversitat Government Measure The Universal Declaration of Human Rights On guaranteeing recognises the right to religious freedom equal treatmen and goes further. In fact, Article 18 not only for religious bodies establishes freedom of religion as a funda- mental right, it stresses that this includes the freedom to manifest one’s religion indi- vidually or collectively, both in public and private. The International Covenant on Civil and Political Rights (ICCPR), also in Article 18, insists on this right and sets limits on any possible restrictions: it can only be subject to the “protection of public safety, public order, public health and public morals, and the basic rights and freedoms of others”. In the same vein, General Comment 22 adopted by the Human Rights Committee, expands on Article 18 of the ICCPR, while qualifying how it should be interpreted. It points out that the terms “belief” and “reli- gion” should be understood in their broa- dest sense, so that those established more recently or which may represent minorities that might be vulnerable to discrimination are not excluded. It also considers that the right to manifest one’s own religion inclu- des a wide range of practices and activi- ties that go from religious rituals, ceremo- nies and festivals to rules on dress, food, education and community organisation. It 2.2. Protection of religious freedom in the Spanish state and Catalonia The Spanish Constitution (SC) “guaran- thereof, or refrain from making any state- tees the freedom of ideology, religion and ment on their beliefs. worship of individuals and communities, with no further restriction on their expres- b) Take part in acts of worship and re- sion than that required to maintain public ceive religious support from their own order as protected by law” (Article 16.1. It faith; celebrate their festivities; hold their establishes that “no denomination shall marriage ceremonies; receive a decent have a state character”, and that “public burial, with no discrimination on religious authorities shall take into account the reli- grounds, and not be forced to take part gious beliefs of Spanish society and main- in acts of worship or receive religious tain the consequent relations of coopera- support contrary to their personal con- tion with the Catholic Church and other victions. denominations”. (Article 16.3 SC). c) Receive and give religious education The non-confessional nature of the State, and information of any kind, orally, in writing or by any other means; choose these guarantees, along with a commit- religious and moral education in keeping 7 ment on the part of the public authorities with their own convictions for them- Direcció de Serveis not to interfere in the exercise of the right selves and any non-emancipated or in- de Drets de to freedom of religion and worship. As capacitated minors in their charge. Ciutadania i Diversitat does the State’s duty to collaborate with Government Measure religious bodies and organisations of d) Meet or assemble publicly for reli- On guaranteeing conscience to allow everyone to exercise gious purposes and form associa- equal treatmen for religious bodies this right. tions to conduct their religious activi- ties as a community in accordance with In implementing the constitutional man- ordinary legislation and this Framework date guaranteeing freedom of religion and Act. worship, the Spanish State approved the Framework Act on Religious Freedom Likewise, Article 2.2 of the LOLR assigns (hereafter LOLR) on 5 July, 1980. This rei- the following rights to religious bodies: the terates that the State guarantees the ba- right to establish places of worship or as- sic right to freedom of religion and wors- sembly for religious purposes, the right to hip, pointing out that “religious beliefs do appoint and train their ministers, the right not constitute a reason for inequality or to promulgate and propagate their own discrimination”, and designs a common beliefs, and the right to maintain relations legal framework for all religions in Spain. with their own organisations or other religi- In that regard, the LOLR established the ous denominations, in Spain or abroad. procedure for recognising the legal per- The right to freedom of religion and wors- sonality of religious bodies, by creating hip is thus seen as an individual right all the Register of Religious Entities and ot- people have and a collective right of religi- her instruments to give shape to the Spa- ous bodies themselves. nish State’s cooperation with the various religious faiths. The State has also signed agreements with various denominations: (1) the Agree- Article 2.1 of the LOLR, sets out the nature ments with the Catholic Church on legal of religious freedom, namely the right of matters, economic questions, on educa- everyone to:: tion and cultural matters, as well as on re- ligious support for the armed forces and a) Profess whatever religious beliefs military service for the clergy, all signed in they freely choose or profess none at the Vatican on 3 January, 1979; (2) the Co- all; change or relinquish their faith; freely operation Agreement between the State express their own religious beliefs or lack and the Federation of Evangelical Religi- 2.3.Secularism as a framework for the relationship between the public authorities and religious denominations ous Entities of Spain (FEREDE), Act The word “secularism” refers to a political 24/1992; (3) the Cooperation Agreement concept that means the separation of politi- with the Federation of Israelite Communi- cal and religious powers. It is a modern con- ties of Spain (FCIE), Act 25/1992; and (3) cept for the political organisation of society the agreement with the Islamic Commis- according to which the State, as the incar- sion of Spain (CIE), Act 26/1992. nation of the popular will in a given territory and the legal institution regulating normal In general terms, these agreements govern life in the community, is above any social the way churches, associations, commis- power and all religious institutions, symbolic sions and religious federations work, as traditions and life philosophies in particular. well as the mechanisms that guarantee believers the right to exercise their religion, Secularism is not understood to mean the absence of religion from public spaces but such as urban planning and property regu- the framework within which, from the pers- lations applicable to centres of worship, pective of democracy and guaranteeing the religious education and training of their basic rights, all expressions of conscience 8 children in accordance with their principles (religious or not) can coexist on equal and mandates, the civil validity of religious terms and with respect. Within this fra- Direcció de Serveis de Drets de marriages, access to religious support in mework, the public authorities must adopt Ciutadania i Diversitat prisons, hospitals, care centres and so on. an attitude of active neutrality that enables Government Measure They also govern the regulations for minis- them to promote and regulate normal On guaranteeing - community life, thus ensuring equal treat- equal treatmen cing each church, the media for spreading ment to diverse sensitivities. for religious bodies their faith, religious festival days and so on. Secularism does not mean expelling religi- - Catalonia’s Statute of Autonomy also re- ning it exclusively to the private sphere. fers to the need to guarantee everyday We believe these reductionist extremes community life with no discrimination on represent a substantial loss to society and religious grounds, as well as respect for the democratic state in many ways, as well the diversity of beliefs and pluralism found as risk of social division. Consequently, in society (Articles 40, 42 and 52). Article the management of religious diversity must square with a secular model that can powers in religious affairs and implemen- accommodate a diversity of beliefs based ting the agreements between different de- on mutual recognition. This perspective nominations and the State. - ces and encourages communication, to democratise and strengthen the public space. Secularism is a form of governance based on a combination of two great principles: equal treatment and freedom of consci- ence. In theory, therefore, it means: Recognising religious and conscien- tious diversity in our society and help- ing to accommodate this diversity. Separating and not confusing the State’s aims with those of religious tra- ditions. The political authorities remain neutral ous organisations due to the religious na- and above exclusive confessionalism ture of their activities, or any exceptional and secularism. treatment. Religious and conscientious organisations are citizens’ organisations, The activity of religious bodies, their pre- sence in public spaces and their relations- have a right to the occasional use of facili- hip with local authorities must be viewed in ties and other public spaces for their acti- the light of this legal framework, as is the vities. The limit secularism sets on their case with any other citizen association. activities is basically a question of public Secularism is not just a question of res- order. This ensures a governance fra- pecting and recognising different beliefs mework of religious and conscientious di- but also adopting an active approach to versity that is compatible with respect for building peaceful coexistence between the Universal Declaration of Human Rights equals. and the legal framework in force. It is therefore vital to avoid any kind of dis- crimination against religious or conscienti- 3. RELIGIOUS DIVERSITY IN BARCELONA 3.1. Presence of diverse religious traditions in the city: diversity of traditions, centres of worship, territorial distribution The assertion that Barcelona is a religiously munity members and other residents, as- diverse city probably comes as a surprise sociations and public authorities in the to no one today. Yet, aside from merely as- area. to give any details about this diversity, say One of the tasks of the OAR is to keep the what it form it takes and how it is expres- city’s religious diversity map up to date. In sed. 2015, the OAR counted 513 centres of worship in Barcelona belonging to 21 reli- Centres of worship1 are very useful for gious traditions. Of these nearly half providing an initial evaluation of this religi- (47.3%) belong to the Catholic Church2. ous diversity. They are one of the clearest These are followed by the evangelical ways by which religious communities es- churches (32 %) in all their diversity, Mus- tablish their presence and make themsel- lim prayer centres (4.8%), Buddhist cen- ves visible in society. For some these tres (4.8%), the kingdom halls of the Jeho- centres represent the main form of asso- vah’s Witnesses (3.1%) and other ciation and a barometer of community or- communities with fewer open centres or 10 ganisation and leadership. Moreover, they worship in the city. become a reference point for both com- Direcció de Serveis de Drets de Ciutadania i Diversitat 1. According to Act 16/2009 on Centres of Worship, Government Measure On guaranteeing a centre of worship is understood to mean “the equal treatmen building or premises open to the public, publicly for religious bodies or privately owned, recognised, declared and or religious community legally recognised in ac- were taken from the Barcelona Archdiocese cordance with the Framework Act on Religious Guide (http://www.arquebisbatbarcelona.cat/ Freedom, and destined mainly and permanently node/5736). The data on other religious commu- for the collective exercise of religious activities”. nities were drawn up by the OAR Falta text per traduir Centres de culte Barcelona 2015 (districtes) Cristianisme catòlic (parròquies i 31 34 17 10 44 25 36 16 11 19 243 esglésies no parroquials) [1] Cristianisme evangèlic (esglésies) 10 11 32 2 9 8 8 35 26 26 167 [2] Cristianisme ortodox (comunitats) 0 3 0 1 0 1 0 0 0 1 6 [3] 11 Església Adventista del Setè Dia 1 1 1 0 0 0 1 0 0 1 5 Direcció de Serveis (iglesias) [4] de Drets de Ciutadania i Diversitat Testimonis Cristians de Jehovà 1 2 4 0 1 1 3 2 1 1 16 Government Measure (salons del Regne) [5] On guaranteeing equal treatmen Església de Jesucrist dels Sants for religious bodies 0 0 0 1 0 0 0 0 0 1 2 dels Darrers Dies (capelles) [6] Budisme (centres) [7] 3 8 1 2 2 6 2 0 0 1 25 Hinduisme (centres) [8] 2 0 0 0 0 1 0 1 0 1 5 Fe Bahá’í (centres) [9] 0 0 0 1 0 0 0 0 0 0 1 Islam (oratoris) [10] 10 0 3 0 0 0 1 3 3 5 25 Judaisme (sinagoga) [11] 1 0 0 1 2 0 1 0 0 0 5 Sikhisme (temples) [12] 1 0 0 0 0 0 0 0 0 0 1 Taoisme (centres) [13] 0 0 1 0 0 1 0 0 0 1 3 Església de Scientology (centres) 0 1 0 0 0 0 0 0 0 1 2 [14] Altres* [15] 0 2 1 0 0 1 2 0 0 1 7 Total 60 62 60 18 58 44 54 57 41 59 Otros (7): Congregació Cristiana a Espanya, Església Cristiana Essènia d’Espanya, Església de Crist Dante Aligheri, ESglésia Nueva Apostólica en España, Associació Espiritual Mundial Brahma Kumaris, Congregació Unitària Universalista de Barcelona, Source: Based on OAR data. Ciutat Vella Eixample Sants-Montjuïc Les Corts Sarrià-Sant Gervasi Gràcia Horta-Guinardó Nou Barris Sant Andreu Sant Martí Total Centres de culte Barcelona 2015 (districtes) 80 70 60 50 40 30 20 10 0 Source: Based on OAR data.. 3.2 Types of activities organised by minority religious traditions in Barcelona These centres are spread right across the By their very nature, the activities of religi- city, which means there are at least four ous bodies are always closely linked to the religious traditions in each district, so we values, beliefs and practices of each religi- cannot attribute religious diversity to spe- - nity. What we can say is that religious acti- site of their centres, religious bodies either vity goes beyond mere acts of worship to look for somewhere close to where their include education and training, social work members live or for affordable land or pre- (very often a religious duty) and any other mises in areas where few people live, so aspect of community life. the community’s activity will have little im- pact on the surrounding area. 3.2.1. Acts of worship As a result, these places of worship are of- ten small and may not be big enough to The types of religious worship are as di- hold all the people who go there, especia- verse as the religious traditions and com- lly for big religious festivals, visits by religi- munities found in Barcelona, or the reasons ous or spiritual leaders, gatherings of vari- why these bodies organise special events 13 ous communities and other occasional for which their usual meeting place may not Direcció de Serveis events. There are also activities that, by be big enough. Some hold acts of worship de Drets de their very nature, have to take place outdo- every day, while others only meet at certain Ciutadania i Diversitat ors (processions and similar events). times of the week; some that attach great Government Measure importance to festivals and others which, On guaranteeing It is for these occasional or special events rather than festivals, prefer to meet round equal treatmen for religious bodies and activities that religious organisations may need other spaces, which is why they community. All these occasions are vital often turn to municipal facilities (especially moments in the community life of these bo- civic centres, neighbourhood centre and dies, which coalesce, organise and make sports centres). In the course of 2015, the themselves present around religion. OAR monitored 56 events and activities that religious bodies in the city organised in municipal facilities or outdoors, which 3.2.2. Training and educational activities does not exclude others they may have ar- ranged directly with the districts or which, Training and educational activities are a in the end, were held in private centres or very important part of the life of most reli- facilities. gious bodies in Barcelona. In the main, these are spaces for children and adults to learn more about their own tradition by studying its sacred texts, liturgy, religious practices and so on. In the case of chil- dren and young people, this is usually ac- companied by leisure and solidarity acti- vities. Many communities also have music groups and choirs that play a vital role in religious worship, and they provide trai- ning in areas other than religion, such as Catalan language classes. 3.2.3. Social work Finally, social work is another basic part of the life of most religious organisations, as 3.3 Main needs and demands of the minority religious bodies and communities in Barcelona helping the most vulnerable people is seen The centre of worship is the focal point of as a religious duty. Apart from the informal the vast majority of religious bodies in our support networks for people in their own city. Nevertheless, opening and maintai- community, many run food banks, offer ning a place of worship requires a big extra schooling and provide sick or elderly economic and organisational effort that people with company and care. many communities, especially the sma- llest ones or those with a lot of members This diversity also extends the types of - community organisation and the role cult to make. Furthermore, Barcelona’s played by ministers (pastors, imams, pri- building stock has little to offer them, ests, etc.). even those that might have enough re- sources, in the way of large buildings sui- table for religious activity. It should be borne in mind at this point that the city’s urban planning regulations do not allow 14 used for religious purposes which, gene- rally speaking, means that industrial buil- Direcció de Serveis de Drets de dings cannot be used to open a centre of Ciutadania i Diversitat worship. Government Measure On guaranteeing Consequently, a lack of space for certain equal treatmen activities is a situation that a lot of religi- for religious bodies ous bodies face repeatedly, either be- cause they need a bigger capacity than what their regular meeting place offers, or because its structure and layout are not suited to the needs of the activity. These are mainly occasional or one-off activities, big events such as the main re- ligious festivals (the two big events on the Muslim calendar, for example), meetings of several communities belonging to the same tradition (such as those of the Evan- gelical Church of Philadelphia), the visit of the communities (for example, that of the Buddhist teacher ThichNhatHahn), pro- cessions and other activities which , by their very nature, must take place on pu- blic thoroughfares (such as the Easter Week ,Baisakhi and Ashura processions). There are also educational activities, es- pecially those for young children and adolescents which require classrooms so they can be done properly. In recent years, the OAR has established itself as a benchmark service for atten- ding to the needs of religious bodies, among its other functions. The graph shows how more and more of these bo- - dies are seeking the OAR’s advice on cant increase in the number of requests using municipal facilities and public tho- for advice, which have doubled. roughfares. As can be seen, in the last Falta text per traduir Assesorament sobre ús puntual d’equipaments i via pública Source: Based on OAR data. 4. USE OF PUBLIC SPACE BY RELIGIOUS BODIES The use of public spaces by religious orga- domain, temporary occupation of the nisations may be allowed for the purposes public highway or use of patrimonial of holding acts of worship in the open air, especially in those cases where an excep- activities of a religious character”. tional number of people from other areas come together. This also applies to activi- –Decree 94/2010, of 20 July, on the Im- ties that follow a route on the public plementation of Act 16/2009, of 22 highway (processions, etc.). July, on Centres of Worship. The De- cree lists the minimum information Besides the general legislation3 on exerci- that must be supplied by the organis- sing the right of assembly and authorising ers of occasional acts of worship they occupation of the public highway, there is wish to hold in public spaces or facili- ties. Authorisation must be requested to religious freedom when a religious acti- from the competent body in the terms vity takes place. set by the legislation and regulations covering the patrimonial assets of lo- 16 cal bodies and, where applicable, by this regard is as follows: the municipal byelaws, no more than Direcció de Serveis de Drets de twenty days in advance. In that regard, Ciutadania i Diversitat — Framework Act 7/1980, of 5 July, on the competent body needs to know Government Measure Religious Freedom. Article 2.1.d) es- the following details at least: (a) Iden- On guaranteeing tablishes that religious freedom and tity of the organisers; (b) Address of equal treatmen the freedom to worship includes the the building or premises where the for religious bodies right to assemble and demonstrate event will be held; (c) Date and how publicly for religious purposes. long it will last; (d) Nature of the event; (e) Expected number of people attend- — Act 16/2009, of 22 July, on Centres of ing. Worship. Article 6 states that: “Public authorities must ensure that churches, religious denominations and religious communities are treated equally and not discriminated against in granting and authorising use of public spaces and facilities, private use of the public 3. Framework Act 9/1983, of 15 July, governing the Right of Assembly (amended by Framework Act 9/1999, of 21 April). Act 33/2003, of 3 November, on the Patrimonial Assets of Public Authorities. Act 37/2003, of 17 November, on Noise. Legisla- tive Decree 2/2003, of 28 April, approving the Consolidated Text of the Municipal and Local Government Act of Catalonia. Decree 336/1988, of 17 October, approving the Regulations for Lo- cal Authority Assets (RPEL). Byelaw on the Use of Roads and Public Spaces in Barcelona. Tax Byelaw 3.10. Decree 135/1995 of 24 March, on Accessibility and Removing Architectural Barri- ers. Decree 112/2010 (insurance policy). Mayoral Decree of 23 April 2014, approving the Municipal Self-Protection Planning System (SOAP). Amendment 16 June 2016. Decree 30/2015, of 3 March, approving the Catalogue of Activities and Centres Required to Adopt Self-Protection Mea- sures. 4.2. Subjecting activities organised by religious bodies on the public highway to taxation One question that deserves special atten- domain and the provision of services. tion is whether the events and activities Examples of events not subject to tax in- religious bodies hold in public places are clude those held by associations and subject to taxation. As taxable entities, re- 4 whose immedi- ligious bodies are not generally exempt ate aim is the holding of activities of gene- from paying taxes. In that sense, neither ral interest that are the purpose of these the 1979 Agreement on Economic Questi- organisations”. - ons between the Spanish State and the ganisations must meet the following requi- Holy See, nor the 1992 cooperation agree- rements: ments signed with the Muslim, Jewish and Evangelical communities (Acts 24, 25 and 1. They must be registered in the corre- 26/1992, of 10 November) contain any le- sponding public register. gal privilege in relation to local taxes that is 2) They must pursue aims of general inter- applicable to religious faiths. est, for example, the defence of human rights, social care and social inclusion, Nor does Act 49/2002, of 23 December, on sports, health or other kinds of commu- 17 Tax Incentives for Patronage expressly en- nity or neighbourhood aims, leisure, the Direcció de Serveis visage local tax breaks for religious entities. defence of the environment and the de Drets de protection of animals. Ciutadania i Diversitat In order to decide whether the activities of 3) The founders, sponsors, members, Government Measure religious bodies are liable for tax, it is ne- representatives and members of the On guaranteeing cessary to distinguish between two types: governing bodies, as well as their equal treatmen for religious bodies spouses, persons linked by an analo- Taxes that can be levied on adminis- gous relationship of effective cohabita- trative activity (authorisation or li- tion and relatives to the fourth degree, cence) relating to a religious cele- bration or gathering on public these activities. thoroughfares. Such activities are not 4) Posts in the organisation must be free. subject to tax, regardless of who is or- 5) In the event of an organisation being ganising them, as they are held in the wound up, its assets must go to a simi- context of exercising the right to as- lar organisation or purpose. sembly. 6) They must devote at least 70 percent of their income to aims of general interest. Taxes that can be levied for private 7) Their activity must not consist of eco- use of the public domain for a reli- nomic operations outside the associa- gious event that might involve the tive purpose of the organisation. To that use of other public services where end, outside economic operation is un- applicable (clearing up rubbish pro- derstood to mean any operation not duced by the event, public safety, ur- envisaged by Article 7 of Act 49/2002. ban furniture, etc.) In cases like these, 8) They must be up to date with their ac- local councils can levy a municipal tax counting obligations. for private use of the public highway for a religious event, for setting up tables with information in the public domain or for using this domain for other events 4. Article 2 in Act 49/2002, of 23 December, ex- (cultural, leisure, sport and so on that are planned by the religious organisa- organisations: (a) foundations; (b) associations tion requesting such use). declared to be of public interest; (c) non-govern- mental organisations; (d) the delegations of fo- reign foundations registered in the Foundations’ In Barcelona’s case, Tax Byelaw nº 3.10 re- Register; (e) sports foundations; (f) federations gulates tax on the private use of the public currently faced by religious bodies in gaining access to public space Requirement 1 may be demonstrated by The problems religious organisations face presenting the registration. Requirements in gaining access to public space can be 2, 3, 4 and 5 by presenting the articles of summed up as follows: association or founding rules. Require- ments 6, 7 and 8 by a declaration of com- Overcrowding in certain areas of the pliance from the legal person representing public domain. Intensive use of public the organisation. space in certain parts of the city also affects requests from religious organi- sations. Districts such as Ciutat Vella, for example, where the high population density, pressure from tourism and concentration of these organisations that is available for holding all kinds of events. 18 Lack of foresight on the part of reli- gious organisations. The precarious Direcció de Serveis de Drets de nature of some organisations and their Ciutadania i Diversitat ignorance of institutional procedures Government Measure complicates the task of submitting re- On guaranteeing quests to occupy the public highway equal treatmen for religious bodies be remembered that the byelaw on the use of public thoroughfares establishes a period of two months in advance for submitting requests. In that regard, coordination with the OAR, which draws up a provisional calendar of events in public places, as well as as- sociation training for religious organi- sations and managing these types of requests, is vital. Ignorance of the procedure for au- thorising information tables. It is common for religious denominations to give out information and spread the word on the streets. This type of activ- ity, which includes setting up informa- tion tables, is becoming more and more common in our cities, in line with the ever-increasing religious diversity around us. Setting up a table implies occupying part of the public highway and for this, it is necessary to get au- thorisation. Some religious organisa- tions know nothing about this proce- dure, which is quicker and easier that getting a permit for organising an activ- ity on the streets. So, in cases such as these, coordination between the OAR and the corresponding district is vital ployees might adopt in responding to re- to ensure that setting up information quests for carrying out these activities. In tables is compatible with everything effect, the decision on requests to occupy else that is going on in the public the public highway do not just depend on space. the existing legal framework (regulated ru- ling), sometimes it calls for the use of a Complexity and ignorance of the little discretion. However, this entails a risk, regulation on paying taxes for using that the necessary use of discretion might the public domain. Regulating taxes be based on criteria which are not compa- for use of the public highway is com- tible with the concept of secularism in the plex and takes a number of factors current legal framework. There are also oc- into account (the party submitting the casions when access to public space is request, their legal status, the type of denied to a certain religious organisation activity, etc.). As a result, it has been because the activities it promotes are not noted that some religious bodies are considered to be in the public interest and, unaware of the tax regulations that af- therefore, cannot be carried out in the pu- fect them and that this restricts and blic domain. These situations need to be 19 puts constraints on their access to the Direcció de Serveis public highway. criteria in accordance with the legal fra- de Drets de mework in force. Ciutadania i Diversitat Government Measure there is a disparity in the criteria public em- On guaranteeing equal treatmen for religious bodies 5. THE OCCASIONAL USE OF PUBLIC FACILITIES BY RELIGIOUS ORGANISATIONS 5.1. Applicable legislation and regulations currently faced by religious bodies in gaining access to municipal facilities Act 16/2009, of 22 July, on Centres of Municipal facilities in Barcelona have been Worship in Catalonia, establishes that pu- holding special events organised by religi- blic authorities must ensure that churches, ous and conscientious bodies for a num- religious denominations and religious ber of years, although in practice it has communities are treated equally and not been detected that different criteria are discriminated against in granting and aut- used with regard to which events can be horising use of public spaces and facilities, held in these facilities. private use of the public domain, tempo- rary occupation of the public highway or use of patrimonial assets for holding spe- Religious bodies request the use of public character (Article 6). facilities or the public highway for celebra- tions, educational events and community The regulations for implementing the Cen- gatherings involving members of the body tres of Worship Act (Decree 94/2010, of 20 or denomination when their own centres July) are also applicable to the use of mu- are inadequate (celebration of religious 20 nicipal public facilities by religious com- festivals, meetings of various communities munities. Article 20 envisages such use belonging to the same denomination, edu- Direcció de Serveis de Drets de following authorisation from the corres- cational or religious events with spiritual Ciutadania i Diversitat ponding competent authority. Government Measure other words, occasional events that coin- On guaranteeing The legislation and regulations on patrimo- cide with important (annual) dates and equal treatmen nial assets5, referred to in the section on special events (for example, visits by spiri- for religious bodies the public highway are also applicable, as tual leaders). are the articles of association regulating the way each facility operates. Most of these events, apart from those held outdoors, are currently held in sports Therefore, any request to hire or be allo- centres or certain civic centres. The diver- wed the use of space must adhere to the sity in criteria for authorising the use of points outlined in relation to use of the pu- municipal facilities for religious events me- blic highway, both for religious activities ans that in some areas and facilities, per- per se and other kinds. mission to hold such events is not usually given. . in including some religious events in the dynamic of these facilities are technical and related to the times and frequency of those events. Incompatible times: Some religious celebrations are traditionally held at night or in the early hours of the morn- ing, times when the municipal facilities are normally closed. In some cases, this can be solved by hiring a caretaker specially, with the religious body pay- ing the extra cost. Night prayers during the month of Ramadan are particularly - 5. See the legislation referenced at the bottom of cause they take place every day for a page 14. whole month. Hire charges that are beyond the facilities receive a negative response which means of some organisations. There are currently big differences in the - prices different centres charge, with rent legal framework. It is a preconceived extra costs (especially private secu- idea that does not regard the expression of rity). So, in addition to organisational religious beliefs as a matter of general inte- rest and should therefore be restricted to overall cost when all the possible ex- the private sphere. penses that come with using a munici- In fact, we have noticed that in some cases staff, cleaning, etc.). Very often, this is there is an element of fear regarding the beyond the means of the religious possible “call-effect” these types of religi- communities. ous activities might have, which could lead to municipal centres being swamped. A lack of suitable spaces for holding However, the experience of civic centres these events. Above all this means a such as Cotxeres de Sants and Sant Martí lack of spaces with the right material de Provençals completely allays that fear. 21 conditions for holding these events These centres frequently hold events orga- Direcció de Serveis nised by religious bodies but they have had de Drets de access that allows them to be used Ciutadania i Diversitat without compromising the rest of the activity, nor have they noticed an avalanche Government Measure centre, night-time use would not dis- of demands they could not cope with. On guaranteeing turb other people, no permanent furni- equal treatmen for religious bodies ture, etc.) - cipally owned facilities run by civic or pri- - vate management, whose articles of asso- tivity with certain activities of the re- ciation exclude religious activity. This is a ligious organisation. Another ques- problem that will require special attention, in order to work towards regulatory fra- municipal facilities have in reconciling meworks that are compatible with current their regular activity with the demands regulations and guaranteeing the right to of religious organisations. freedom of religion. Sometimes requests from religious and conscientious organisations to use public 6. GOALS OF THE MEASURE The goals of the government measure pre- thorising use of public spaces and sented here are to: facilities. 3. Normalise the presence of religious di- 1. Guarantee the recognised rights of reli- versity in our society, highlighting reli- gious freedom are fully exercised by gion’s various dimensions (spiritual, means of municipal support for the ac- cultural and communal). tivities of religious and conscientious 4. Work to improve the occasional access organisations in Barcelona. of those religious and conscientious 2. Guarantee religious bodies and asso- bodies in the most precarious situation ciations are treated equally and not dis- to public facilities and the public high- criminated against in granting and au- way. 22 Direcció de Serveis de Drets de Ciutadania i Diversitat Government Measure On guaranteeing equal treatmen for religious bodies 7. G OVERNMENT MEASURE LINES OF ACTION 7.1. Increased municipal support for the activity of religious bodies in Barcelona For years now, Barcelona City Council The Council is thus committed to a proac- has opted for recognising the diversity of tive intervention that guarantees the right beliefs and conscience options (religious of everyone to live according to their beli- and non-religious) among the city’s citi- efs and to creating the conditions that will zens in its efforts to promote social cohe- allow this right to be exercised effectively, sion and harmony. This stance is based while recognising the diversity of religious on two basic principles: guaranteeing the and conscience options. It does this rights of citizens (which is why manage- through the Commissioner for Immigra- ment of religious diversity has been inclu- tion, Interculturality and Diversity, who is ded in the Citizens’ Rights programmes, responsible for leading the Council’s work and the Civil Rights programmes before in the area of religious diversity, as well as that) and guaranteeing the secular nature strengthening the Council’s relationship of the public domain, public facilities and with and knowledge of the religious deno- public service. minations. In that regard, Barcelona City Council was In addition to that, the Council has had a specialised service (the OAR) since 2005 23 Charter for the Safeguarding of Human to advise and support religious bodies in Direcció de Serveis Rights in the City which, in Article 3, esta- the city throughout all the processes they de Drets de blishes that: must complete with regard to the munici- Ciutadania i Diversitat pal authority and their immediate environ- Government Measure “Freedom of conscience and indivi- ment. The OAR’s main tasks include ad- On guaranteeing dual and collective religious freedom vice and support through the regularisation equal treatmen for religious bodies are guaranteed by municipal authori- processes for centres of worship, support ties to all citizens. Within the limits of for holding activities outside their centre, national legislation, the municipal relations between the different denomina- authorities must take all necessary tions, religious bodies and citizens, and steps to ensure such rights, and at subsidies for religious bodies, among ot- the same time are called upon to sa- hers. feguard against the creation of ghet- tos. Since 2014, there have been two lines of With regard to secular matters, cities subsidies associated with religious affairs: encourage mutual tolerance between one for activities promoting religious diver- believers and non-believers, as well sity, religious celebrations and interreligi- as between the various religious com- ous dialogue, and another for arranging munities”. The Barcelona Citizens’ Charter includes Increased support for the activities of reli- these same points in Article 29: gious bodies in this government measure “All persons have the right to profess a religious belief in Barcelona, in ac- Strengthening the OAR. Another per- cordance with current legislation. son will be taken on to guide and ad- The City Council, from its non-con- vise religious bodies in gaining access fessional position, shall maintain an to public facilities and the public high- equitable and balanced relationship way, plus support in the city’s 10 dis- with the different denominations and tricts. religious beliefs present in the city. The City Council shall also foster mu- Association training for religious tual respect between believers and bodies. An introduction to associations non-believers, as well as between the and managing small associations will different religions”. be provided in coordination with the 7.2. Planning the holding of occa- sional religious activities in muni- cipal facilities and on the public highway OAR and the Generalitat of Catalonia’s a. Protocol for the Use of Municipal Directorate-General of Religious Af- Facilities by Religious Bodies fairs. Besides quarterly activities at the OAR in collaboration with Torre Jus- The following Protocol for the Use of Muni- sana. (Taxes and the Transparency Act, cipal Facilities by Religious Bodies has An Introduction to Associations, Subsi- been approved to give staff dealing with dies, etc.). requests for the provision of public space with clear, uniform criteria. This protocol is Expansion of the subsidy programme largely based on the reference criteria that for religious bodies. A 50% increase the Barcelona Sports Institute (IBE) has been working with in recent years, which centres of worship so those bodies in were drawn up with the OAR. Criteria the most precarious situation can com- which are therefore being expanded to co- ply with the Centres of Worship Act. An ver other municipal facilities (civic centres, 8% increase the budget for religious neighbourhood centres and cultural cen- bodies. tres). 24 1. Activities of an occasional or annual Direcció de Serveis de Drets de character may be authorised if they Ciutadania i Diversitat cannot be held in the religious bodies’ Government Measure own centres. On guaranteeing equal treatmen the other, everyday uses of the ameni- for religious bodies ties. Therefore, taking into account the availability of the facility requested, the characteristics of the activity and the area, the facility and/or area staff in charge may offer the religious body an alternative location or date (the religious calendar permitting) to the one re- quested. In any event, religious bodies shall be guaranteed access to facilities in the area where they are based. 3. The request shall be dealt with accord- ing to the normal procedure each facil- ity has for granting use of or hiring out spaces to organisations. The recom- mended application period for request- ing use of sports facilities is at least two months in advance (Article 46.4 of the Byelaw on the Use of Public Roads and Spaces in Barcelona and Article 20 of the Centres of Worship Act Implemen- tation Regulations), although it is pos- the activity demands it. In the case of civic and neighbourhood centres, the applicable application periods for re- questing the use of spaces shall be the same as for other activities. 4. As a general rule, the regulations for us- ing the space in question that apply to body. In any event, the organising body this case. Where space is made availa- - ble for a large number of people, the ditional cleaning expenses for the con- requesting body may be required to sumption of food. take out civil liability or private security 10. Should it not be possible to authorise insurance in order to control the capac- the event, the reasons for this shall be ity, as required by the regulations for us- given in the reply and made known to ing the space. the competent district bodies and the 5. These acts or events shall be held in ac- OAR. cordance with the conditions set out in 11. The length of the activities shall be the activity licence and/or the facility’s agreed with the facility or area staff in Prevention Plan. Should the type of ac- charge and based on applicable legisla- tivity or its execution alter these condi- tion and regulations. tions, it shall be necessary to apply for 12. In the case of religious bodies that make the corresponding special activity li- similar requests every year, provision for cence. OAR staff will help with the ap- this should be made at the start of the plication. year, agreeing any activities that will be 25 6. The body concerned shall be responsi- held, where and under what conditions. Direcció de Serveis ble for meeting the cost of hiring the The provisional calendar drawn up by de Drets de space in accordance with the set the OAR and which is sent to the dis- Ciutadania i Diversitat charges and depending on how long it tricts every quarter shall serve as a ref- Government Measure is used. The possibility of granting erence. On guaranteeing 13. In all cases it is advisable to coordinate equal treatmen for religious bodies discounts or free use of spaces at civic with the reference district and the OAR. centres, neighbourhood centres and 14. Barcelona City Council shall only pro- other centres shall also apply to reli- mote those activities that foster the in- gious bodies . tegration of religious diversity, defend- ing the values that promote religion in a the activity, and in the event it might af- positive way, as well as human rights, fect other users, a deposit must be paid gender equality and the acceptance of for the days requested. The full hire democratic rights. Those activities charge shall only cover the time the ac- which, due to their characteristics or tivity lasts. 8. Wherever possible, the religious body accommodate in the city’s dynamics, may be granted use of the facility’s own, shall be subject to a detailed study in ordinary infrastructure under the usual order to ensure community harmony. conditions. Should an additional item of infrastructure be required or desired, that body shall meet the cost it might b. Protocol for the Use of the Public entail. Highway for Religious Meetings 9. The consumption of food shall only be and Celebrations allowed where it is an essential part of a religious celebration, due to its ritual Use of the public highway by religious character or because it is compulsory communities may be required for religious according to the religious doctrine. Un- worship in the open air, which usually der no circumstances shall the prepara- brings an exceptional number of people tion of food be allowed in sports or from different places together, or to cele- other facilities that do not have a brate festivals that require following a cer- kitchen. If there is a kitchen, its use tain route on public thoroughfares. must be agreed with the facility man- agement and the costs that derive from 1. The competent body for authorising its use shall be met by the organising occasional acts for exercising the right to worship or celebrating religious festi- vals on the public highway is Barcelona for Immigration, Interculturality and Di- City Council. In such cases, a request versity and the OAR. for a licence to hold an activity in the 7. Activities organised by religious bodies public domain should be submitted to a in exercising the right of assembly (reli- public registry (OAC - Citizen Advice gious gatherings and celebrations any- one can take part in) shall not be sub- registry) by completing the correspond- ject to taxation, except for the ing form. requirement to request the correspond- 2. The decision-making process shall en- ing licence. For other acts of worship sure there is equal treatment and no involving the private use of public discrimination, with an interpretation space, the only bodies that shall be ex- that is always favourable to the person empt from paying taxes shall be those or organisation submitting the request, - as this involves the exercise of a basic tions6 that can verify their status by right. meeting the requirements set out in Ar- 26 3. Municipal rulings rejecting a request ticle 3 of Tax Byelaw nº. 3.10. must provide reasons. The restrictions 8. 8. Use of the public highway for tem- Direcció de Serveis de Drets de placed on the right to freedom of reli- porary information installations shall be Ciutadania i Diversitat gion and worship are the maintenance subject to the corresponding authorisa- Government Measure of public order, protected by law, and tion, provided it actually does involve On guaranteeing the principle of equality. The presumed occupying the public highway. Any de- equal treatmen interest of the activity or any minor in- cision to prohibit the setting up of infor- for religious bodies convenience it might cause other peo- mation tables shall be based on objec- denying the award of a licence. In the - event of a request being turned down, convenience it might entail for the a local authority suggestion for an alter- movement of people round them. The native date and/or place, route or dura- processing of these requests shall be tion, depending on the case, shall be monitored in coordination with the OAR considered. 9. Activities organised by religious bodies 4. These kinds of activities on the public in exercising the right of assembly (reli- highway are subject to a licence, in ac- gious gatherings and celebrations any- cordance with the prevention and one can take part in) shall not be sub- safety conditions set out in the proto- ject to taxation, except for the cols for events on the public highway. requirement to request the correspond- The safety measures that must be en- ing licence. For other acts of worship sured for these activities shall be the involving the private use of public same as those established in the proto- space, the only bodies that shall be ex- cols for events of similar characteris- empt from paying taxes shall be those tics. - 5. In the case of religious bodies that tion7 that can verify their status by make similar requests every year, provi- meeting the requirements set out in Ar- sion for this should be made at the start ticle 3 of Tax Byelaw nº. 3.10. of the year, agreeing any activities that will be held, where and under what 6. Those organisations referred to in Article 2 of Act conditions. This shall be based on the 49/2002, of 23 December, on the Tax Regime of provisional calendar drawn up by the - OAR and sent to the districts every nage. quarter. 7. Those organisations referred to in Article 2 of Act 49/2002, of 23 December, on the Tax Regime of 6. In all cases it is advisable to coordinate - with the competent district and council nage. 7.3. Religious diversity training plan 10. Authorisation shall not be granted to This government measure envisages a line those activities that might violate hu- of action involving training initiatives de- man rights, gender equality or the ac- signed to raise general public and public ceptance of democratic rights. How- employee awareness of the religious diver- ever, those activities which, due to their sity that exists in the city. characteristics or complexity, may These training initiatives may be summed the city’s dynamics, shall be subject to up in the following lines of work: a detailed study in order to ensure com- munity harmony. Basic training for municipal service staff on granting use of space in public facilities and licences for activities on the public highway. These training sessions will last approximately 2 or 3 hours and be run by neighbourhood staff, preven- tion staff and staff who deal with re- quests to use the public highway. They 27 will go into Barcelona’s governance Direcció de Serveis model for religious diversity and the ac- de Drets de tion criteria envisaged by this measure, Ciutadania i Diversitat as well as other aspects of religious di- Government Measure versity in the city. Explanatory hand- On guaranteeing books will be provided for the training. equal treatmen for religious bodies problems arising in relation to religious diversity. These will be run by specialist staff from the OAR and the Generalitat of Catalonia’s Directorate-General of Religious Affairs. Outreach activities to promote awareness of the centres of worship and religious diversity in the city among a wider public. These activities include: organised by the OAR and Espai Avinyó. in collaboration with the Library Consortium (Series of ac- tivities on Women and Religions. March 2017). - ties at the’OAR (Course on minority religions, July 2016). Learning suggestion Places of Wors- hip, Spaces for Discovery. 7.4. Drafting and disseminating guides on managing religious diversity in various spheres, to guarantee the right to religious freedom (in- We are working on a guide to respect for cludes news in a blog format, a ca- the diversity of beliefs in the city. lendar of religious celebrations and an events diary). This guide will include the action protocols of this government measure and provide Drawing up of an activities pro- the tools for both municipal employees gramme at the OAR centre. and religious bodies that organise events and activities in the public domain. an open night for cen- tres of worship and religious bodies. It will also provide the reference material This is an AUDIR (UNESCO Associa- for training aimed at staff involved in ma- tion for Interreligious Dialogue) event, naging and resolving requests from religi- organised with support from the Area ous bodies to use public assets. of Citizens’ Rights and Diversity, and . 28 Direcció de Serveis de Drets de . Ciutadania i Diversitat Government Measure On guaranteeing equal treatmen for religious bodies 8. BUDGET 2016 2017 2018 2019 OAR reinforcement — 35,000 35,000 35,000 Subsidy programme for renovating centres of 150,000 150,000 — — worship General call for 70,000 70,000 70,000 70,000 subsidies Religious diversity — 15,000 5,000 5,000 training plan 29 Production of religious diversity management — 15,000 — — Direcció de Serveis handbooks de Drets de Ciutadania i Diversitat TOTAL 220,000 285,00 110,000 110,000 Government Measure On guaranteeing equal treatmen for religious bodies