Accordo 03 giugno 1998

Agreement on Cooperation among the Ministry of Defence, the Ecumenical Council of the Churches in the Czech Republic and the Czech Bishops’ Conference, 3 giugno 1998.

The Ministry of Defence […] and the Churches associated in the Ecumenical Council of the Churches […] and the Churches represented by the Chairman of the Czech Bishops’ Conference […] who acting towards the Ministry of Defence always in accordance, as the second part of the Agreement, conclude the Agreement on the Pastoral Service in the sphere of authority of the Ministry of Defence

A.
(The Aim of the Agreement)

1. The Aim of the Agreement is
– to enact, in accordance with pertinent legal regulation, the conditions for activities of the soldiers – military chaplains who belong to the churches participating in the Agreement in the sphere of authority of the Ministry of Defence in the frame of the Pastoral Service, whose establishing in the sphere of authority of the Ministry of Defence will be published by the order of the Minister of Defence of the Czech Republic
– to define the structure and providing of the Pastoral Service, to regulate, in accordance with rules of international law, the status of a military chaplain and to determine financial and material provision, objectives of a military chaplain and his rank.
2. Objectives of the Pastoral Service are, especially
– to help to the commanders of all ranks for realization and protection of the human dimension of life for every active soldier and civil employee (henceforth “the employees of the Ministry of Defence”)
– to assist for settlement of personal crises and troubles emerging from work and private life of the employees of the Ministry of Defence
– to contribute to the development of democratic tradition of the European culture in the sphere of authority of the Ministry of Defence
– to provide conditions for realization of constitutional rights in relation to religion freedom of the employees of the Ministry of Defence in all the situations connected with official and work liabilities

B.
(Determination of the Pastoral Service)

3. The Pastoral Service is, for its specifics, an independent service established in the sphere of authority of the Ministry of Defence for realization of the objectives mentioned in the article A of the Agreement.
4. The partner of the Minister of Defence for conception questions and principal negotiations concerning the problematic of pastoral service in the sphere of authority, is Council for Pastoral Service including:
– the chief chaplain of the Army of the Czech Republic (“ACR”),
– one priest from each church participating in the Agreement as an advisor of the Minister of Defence for pastoral service appointed by the Minister of Defence on the ground of recommendation of
the representative of the Ecumenical Council of Churches,
the representative of the Czech Bishops’ Conference,
the representative of the ACR appointed by the head of the general staff of the ACR,
– the representative of the Civil Protection appointed by the commander of the Civil Protection of the Czech Republic – director of the Head Office of the Civil Protection.
5. Chief chaplain of the ACR calls sessions of the Council for Pastoral Service regularly once upon six months; at the request of any member of that Council, in one month after the request, in a written form, was delivered to the chief chaplain of the ACR.
6. The head of the Pastoral Service is chief chaplain of the ACR who is immediately subordinated to the head of the general staff of the ACR.
7. A military chaplain is immediately subordinated to a commander as his advisor, always in the rank to which he was appointed. A military chaplain cannot be charged with the objectives not connected with his function and mission. As professional aspects concerned, he is subordinated to a military chaplain of a higher rank.
8. The subordination of a military chaplain in the structure of his church is not concerned.

C.
(The Status of a Military Chaplain)

9. The status of a military chaplain consists from these elements:
– military chaplain is an active soldier in a follow-up service in the rank of a officer,
– military chaplain is visible equipped by special distinctions,
– military chaplain has all the rights and duties of a soldier in a follow-up service, on condition these rights and duties are not contrary with his status guaranteed by international law,
– military chaplain cannot be charged by the objectives not connected with his function, for example he cannot to be keep to use of weapons,
– military chaplain is a representative of all the churches participating in the Agreement. The choice of priests for military chaplains and representation of the churches in the Pastoral Service are ruled by negotiation among churches,
– the right of secrecy of a military chaplain does not concerned by his military service,
– every employee of the Ministry of Defence can request, accept or refuse assistance from a military chaplain.

D.
(The Service of a Military Chaplain)

10. A military chaplain
– is an advisor of a commander for the sphere of human values, military ethics and morals and interpersonal relations,
– creates, in the way of a personal example and active motivation, positive conditions for the improvement and deepening of a mutual confidence in a troop,
– is at hand for personal conversation with members of a troop and their relatives; if it is need he will recommend other professional assistance,
– prevents conflicts in interpersonal relations,
– has the right of an access to each employee of the Ministry of Defence in his troop, the right to participate in the commander’s conference and to express on question concerning human dimension of service of the employees of the Ministry of Defence in his troop, ethical and another problems connected with activities of a military chaplain,
– provides pastoral service for the employees of the Ministry of Defence and their relatives including worship for all the denominations associated in the Czech Bishops Conference and the Ecumenical Council of the Churches,
– defends interests of the employees of the Ministry of Defence of another denomination and their relatives, and provides contacts with other priests, on condition the pastoral service of those priests is not in contrary with the sphere of authority of the Ministry of Defence,
– collaborates with the priests of another churches and religious societies, on condition the activities of those priests are not in contrary with mission and authority of the Ministry of Defence,
– collaborates with military chaplains of other armies in the frame of international contacts,
– collaborates with military doctors, psychologists and other employees who provide social policy in the sphere of authority of the Ministry of Defence.

E.
(Appointment and Removal of Military Chaplains)

11. Minister of Defence can enrol into the follow-up service and appoint to a military chaplain only the citizen – priest who satisfies, along with legal conditions, the criteria given in the order of the Minister of Defence establishing the Pastoral Service in the sphere of authority of the Ministry of Defence and who was recommended by a join proposal of the churches.
12. The churches propose their candidates in a written from at the hand of the chief chaplain of the ACR. The candidate proposal must contain commission of the church whose member is a candidate and an approval of the Ecumenical Council of the Churches and the Czech Bishops Conference.
13. Appointment to military chaplain and removal from the office is ruled under law and internal acts issued in the sphere of authority of the Ministry of Defence. A military chaplain is appointed or removed by the officer of the rank at least one grade higher than the rank of a immediate superior. The chief chaplain of the ACR expresses on the proposal of appointment. The officer who has the right to appoint or to remove a military chaplain respects to the expression of the chief chaplain of the ACR.
14. If the church intends to appoint a military chaplain to the church office which is incompatible with the office of a military chaplain, the Ministry of Defence will modify decision on enrolling to follow-up service in that way so that duty to serve ends at the latest last day of the third calendar month following delivery of the announcement of the church. That announcement will be confirmed by the church and cause negotiation on modification of duty to serve. The Church is obliged, in short time, to do all measures for recommendation of another citizen – priest for enrolling into follow-up service, accordingly to the article 11 of the Agreement, to provide objectives of pastoral service in the sphere of authority of the Ministry of Defence instead of a discharged military chaplain.
15.The Ministry of Defence recommends to the commanders to discuss a proposal of discharge on the ground of service disability with the chief chaplain of the ACR.
16. The Ministry of Defence recommends to the commanders to discuss a proposal of discharge of a military chaplain with the chief chaplain of the ACR.
17. Contract on follow-up service between the Ministry of Defence and a citizen – priest is concluded regularly for four years, always with termination by the last day of the third calendar month after delivering announcement of the church that the commission for office of a military chaplain was removed.

F.
(Appointment and Removal of the Chief Chaplain of the ACR)

18. The Minister of Defence appoints the chief chaplain of the ACR. The Minister of Defence does not appoint a military chaplain to the chief chaplain of the ACR without recommendation of the representatives of the Czech Bishops’ Conference and the Ecumenical Council of Churches. This article does not oblige the Minister of Defence if the representatives of the Czech Bishops Council and the Ecumenical Council of Churches do not come to a join candidate in six months.
19. If the candidate for the chief chaplain of the ACR is a military chaplain his commitment for follow-up service will be modified, along with his appointment, to allow him to be in the office for four years.
A military chaplain can serve as a chief chaplain of ACR only for eight years. As his commitment for follow-up service concerned the article 17 and 18 of the Agreement will be appropriately used.

G.
(Providing Pastoral Activities)

20. The commander is obliged to provide for basic material and room conditions for function of a military chaplain, for private conversations with the employees of the Ministry of Defence and a place for worship. Details will be regulated by the order of the Minister of Defence.
21. Military chaplains will be provided for at the same extent as other soldier of follow-up service. The church provides for extra-standard equipments on the account of the Ministry of Defence.

H.
(Education of Military Chaplains)

22. The Ministry of Defence provides participation of its experts in education of priests in the frame of university studies, on the ground of the Agreements with theological faculties.
23. During active service of military chaplains, the Ministry of Defence provides their other professional education. The chief chaplain of the ACR is responsible for that education.
24. As a part of other education, a military chaplain is allowed to participate in spiritual reconditioning, minimally five days and maximally ten days, every year.

I.
(Final Provisions)

25. The Minister of Defence will issue the order on establishing the Pastoral Service in the sphere of the authority of the Ministry of Defence immediately after the conclusion of the Agreement.
26. The Pastoral Service will be established gradually presupposing the limit staff of 25 of military chaplains in the year of 2008.
27. The Agreement does not concern with the right of priests to visit to military facilities.
28. The Agreement is concluded for indefinite time.
29. The Agreement will be immediately completed with conditions of mutual collaboration of the churches participating in the Agreement with other churches or religious societies operating in pastoral service concluding the agreement on access to pastoral service with the Ministry of Defence.
30. The Agreement can be amended only by a written appendix confirmed by all the parties to the Agreement.
31. The Agreement can be cancelled by a written cancellation and its validity ends one year after delivering cancellation to the other party to the Agreement.
32. The Agreement comes into force in the day in which the representatives of the parties signed it.