• International Religious Freedom Report 2003 - (18.12.2003)
• OSCE Conference on racism, xenophobia an discrimination: Austria criticised for religious intolerance in schools - (06.10.2003)
• Anti-sect alliance between a regional government and a Catholic diocese stops distribution of controversial material - (30.07.2003)
• The State of religious freedom and anti-sect movements in Austria
• A controversial CD-Rom with information in 350 religious and philosophical groups - (03.04.2003)
• Anti-sect warning campaign by a province government - (26.03.2003)

International Religious Freedom Report 2003

Bureau of Democracy, Human Rights and Labor (18.12.2003)/ HRWF Int. (26.12.2003) - Email info@hrwf.net - Website http://www.hrwf.org - The Constitution provides for freedom of religion, and the Government generally respects this right in practice.

There was no change in the status of respect for religious freedom during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

The generally amicable relationship among religions in society contributed to religious freedom; however, there is some societal mistrust and discrimination against members of some nonrecognized religious groups, particularly those referred to as "sects." There was no marked deterioration in the atmosphere of religious tolerance in the country during the period covered by this report.

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights.

Section I. Religious Demography

The country has a total area of 32,368 square miles, and its population is an estimated 8.0 million. The largest minority groups are Croatian, Slovene, Hungarian, Czech, Slovak, and Roma. In the past several years, the country has experienced a rise in immigration from countries such as Turkey and Bosnia-Herzegovina, which has increased the number of Muslims in the country.

According to the 2001 census, the memberships in major religions are as follows: Roman Catholic Church--74.0 percent; Lutheran Church (Augsburger and Helvetic Confessions)C-4.7 percent; Islamic CommunityC-4.2 percent; Jewish Community--0.1 percent; Eastern Orthodox (Russian, Greek, Serbian, Romanian, and Bulgarian)C-2.2 percent; other Christian churchesC-0.9 percent; other non-Christian religious groupsC-0.2 percent. Atheists accounted for 12 percent; 2 percent did not indicate a religious affiliation.

The vast majority of groups termed "sects" by the Government are small organizations with less than 100 members. Among the larger groups are the Church of Scientology, with between 5,000 and 6,000 members, and the Unification Church, with approximately 700 adherents throughout the country. Other groups found in the country include: the Brahma Kumaris, Divine Light Mission, Divine Light Center, Eckankar, Hare Krishna, the Holosophic community, the Osho movement, Sahaja Yoga, Sai Baba, Sri Chinmoy, Transcendental Meditation, Landmark Education, the Center for Experimental Society Formation, Fiat Lux, Universal Life, and The Family.

The provinces of Carinthia and Burgenland have somewhat higher percentages of Protestants than the national average, as the Counter-Reformation was less successful in those areas. The number of Muslims is higher than the national average in Vienna and the province of Vorarlberg, due to the higher number of guestworkers from Turkey in these provinces.

Approximately 17 percent of Roman Catholics actively participate in formal religious services.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respects this right in practice.

The status of religious organizations is governed by the 1874 Law on Recognition of Churches and by the 1998 Law on the Status of Religious Confessional Communities, which establishes the status of "confessional communities." Religious organizations may be divided into three legal categories (listed in descending order of status): officially recognized religious societies, religious confessional communities, and associations. Each category of organizations possesses a distinct set of rights, privileges, and responsibilities.

Religious recognition under the 1874 law has wide-ranging implications, such as the authority to participate in the mandatory church contributions program, to provide religious instruction in public schools, and to bring into the country religious workers to act as ministers, missionaries, or teachers. Under the 1874 law, religious societies have "public corporation" status. This status permits religious societies to engage in a number of public or quasi-public activities that are denied to confessional communities and associations. State subsidies for religious teachers at both public and private schools are provided to religious societies but not granted to other religious organizations.

Religious groups not recognized as religious societies under the 1874 law may choose to organize as associations under the Law of Associations. Some groups have organized as associations, even while applying for recognition as religious societies.

When the Law on the Status of Religious Confessional Communities came into effect in 1998, there were 12 recognized religious societies. Although the law allowed these 12 religious societies to retain their status, it imposed new criteria on other religious groups that seek to achieve this status, including a 20-year period of existence (at least 10 of which must be as a group organized as a confessional community under the 1998 law) and membership equaling at least two one-thousandths of the country's population (approximately 16,000 people). Of nonrecognized religious groups, only Jehovah's Witnesses meet this latter membership requirement; only 4 of the 13 recognized religious groups would meet the same requirement. Thirteen religious bodies are currently recognized as religious societies under the 1874 law: The Roman Catholic Church, the Lutheran Church (Augsburger and Helvetic Confessions), the Islamic Community, the Old Catholic Church, the Jewish Community, the Eastern Orthodox Church (Russian, Greek, Serbian, Romanian, and Bulgarian), the Church of Jesus Christ of Latter-day Saints (Mormons), the New Apostolic Church, the Syrian Orthodox Church, the Armenian Apostolic Church, the Methodist Church of Austria, the Buddhist Community, and the Coptic Orthodox Church.

In 1998 Jehovah's Witnesses received the status of a confessional community. According to the law, after receiving such status, the group is subject to a 10-year period of existence as a confessional community under the 1998 law before they are eligible for recognition as a religious society. In April 2001, the Constitutional Court upheld a previous Education Ministry finding that Jehovah's Witnesses must fulfill the required 10-year waiting period.

The 1998 law allows nonrecognized religious groups to seek official status as "confessional communities" without the fiscal and educational privileges available to recognized religions. To apply groups must have at least 300 members and submit to the Government their written statutes describing the goals, rights, and obligations of members, as well as membership regulations, officials, and financing. Groups also must submit a written version of their religious doctrine, which must differ from that of any religious society recognized under the 1874 law or any confessional community established under the 1998 law. The doctrine is then examined for a determination that the group's basic beliefs do not violate public security, public order, health and morals, or the rights and freedoms of citizens.

Religious confessional communities, once they are recognized officially as such by the Government, have juridical standing, which permits them to engage in such activities as purchasing real estate in their own names, contracting for goods and services, and other activities. The category of religious confessional community did not exist prior to the adoption of the 1998 law. A religious group that seeks to obtain this new status is subject to a 6-month waiting period from the time of application to the Ministry of Education and Culture. According to the Ministry, by the end of 2002, 13 groups had applied for the status of religious confessional community, and 11 were granted the new status. The Church of Scientology and the Hindu Mandir Association withdrew their applications. The Hindu Mandir Association reapplied under the name Hindu Religious Community and was granted the new status. The Ministry rejected the application of the Sahaja Yoga group in 1998.

The 10 religious groups that have constituted themselves as confessional communities according to the law are: Jehovah's Witnesses, the Baha'i Faith, the Baptists, the Evangelical Alliance, the Movement for Religious Renewal, the Free Christian Community (Pentecostalists), the Pentecostal Community of God, the Seventh-day Adventists, the Hindu Religious Community, and the Mennonites. In March the Coptic Orthodox Church, which had been granted confessional community status under the 1998 law, became a recognized religious society.

Religious groups that do not qualify for either religious society or confessional community status may apply to become associations under the Law of Associations. Associations are corporations under law and have many of the same rights as confessional communities, including the right to own real estate.

The Government provides subsidies to private schools run by any of the 13 officially recognized religious societies.

There are no restrictions on missionary activities. Although in the past nonrecognized religious groups had problems obtaining resident permits for foreign religious workers, administrative procedures adopted in 1997 have addressed this problem in part. Visas for religious workers of recognized religions are not subject to a numerical quota. Visas for religious workers who are members of nonrecognized religions are subject to a numerical cap; however, this appears to be sufficient to meet demand. The Austrian Evangelical Alliance, the umbrella organization for nonrecognized Christian organizations, has reported some delays in obtaining visas for religious workers. Members of the Jehovah's Witnesses noted that they have been unable to get a visa for a Tagalog speaker to minister to their Filipino community.

No law expressly prohibits discrimination on the basis of religion in employment.

In June the Government in conjunction with the Austrian Islamic Community hosted a conference in Graz of European Imams and heads of Muslim centers. Approximately 100 representatives of Islamic organizations in Europe attended the conference, which was the first of its kind in Europe.

Restrictions on Religious Freedom

The 1998 law allowed 12 previously recognized religious societies to retain their status; however, it imposed new criteria on other religious groups that seek to achieve that status. Numerous religious groups not recognized by the Government, as well as some religious law experts, dismiss the benefits of obtaining status under the 1998 law and have complained that the law's additional criteria for recognition as a religious society obstruct claims to recognition and formalize a second-class status for nonrecognized groups. Some experts have questioned the 1998 law's constitutionality.

Following a 1997 denial of recognition and a court appeal, in 1998 the Education Ministry granted Jehovah's Witnesses the status of a confessional community; the group immediately requested recognition as a religious society under the 1874 law. The Education Ministry denied the application on the basis that, as a confessional community, Jehovah's Witnesses would need to submit to the required 10-year waiting period. The group appealed this decision to the Constitutional Court, arguing that the requirement for a 10-year waiting period was unconstitutional. In April 2001, the Constitutional Court upheld the Education Ministry's finding. Jehovah's Witnesses filed an appeal with the Administrative Court, arguing that the law is illegal on administrative grounds. That appeal remained pending at the end of the period covered by this report. In 1998 Jehovah's Witnesses also filed a complaint with the European Court for Human Rights (ECHR), arguing that the group had not yet been granted full status as a religious entity under the law, despite having made numerous attempts for more than 2 decades. In June the ECHR examined the case and sent a list of questions to the Government. The Government has until October to respond.

In 2002 the Ministry for Social Security and Generations ceased issuing its controversial brochure on nonrecognized religious groups. However, the Ministry and the City of Vienna were funding a controversial NGO that actively works against sects and cults (the Society against Sect and Cult Dangers.) This NGO distributes information to schools and the general public and runs a counseling center for those who believe they have been negatively affected by cults or sects.

The Federal Office of Sect Issues continues to function as a counseling center for those who have questions about sects and cults. Under the law, this office has independent status, but its head is appointed and supervised by the Minister for Social Security and Generations. The office's 2002 annual report to Parliament on its operations was not available at the time of this publication.

Several provinces funded offices that provided information on sects and cults. The website of the Family Office of the Government of Lower Austria included a presentation that negatively characterized many religious groups. The presentation included the Jehovah's Witnesses, despite its status as a confessional community.

The Austrian Branch of the International Coalition for Religious Freedom (ICRF) publicly attacked the CD-ROM entitled "The Search for Meaning: an Orientation Guide to Organizations that Offer the Solution." The CD-ROM contained information on a range of recognized and nonrecognized religious groups, including criticism of the Church of Latter-day Saints and Jehovah's Witnesses. The CD-ROM had been issued by the Catholic Diocese of Linz and contained a strong endorsement by the Deputy Governor of Upper Austria. In response to the ICRF's allegations, the Deputy Governor noted that the CD-ROM no longer was being produced. He also agreed that nonrecognized religious groups could submit a description of themselves for use on the Upper Austrian Education Intranet.

The conservative Austrian People's Party (OVP) position that party membership is incompatible with membership in a sect remained in force.

Prisoners who belong to nonrecognized religious groups are entitled to pastoral care. Some groups have reported experiencing problems with access to pastoral care in isolated instances; however, there are no allegations of widespread problems.

The Government provides funding for religious instruction in public schools and places of worship for children belonging to any of the 13 officially recognized religious societies. The Government does not offer such funding to nonrecognized religious groups. A minimum of three children is required to form a class. In some cases, religious societies decide that the administrative cost of providing religious instruction is too great to warrant providing such courses in all schools. Unless students 14 years of age and over (or their parents in the case of children under the age of 14) formally withdraw from religious instruction (if offered in their religion) at the beginning of the academic year, attendance is mandatory.

There were no reports of religious prisoners or detainees.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Attitudes

Relations among the 13 officially recognized religious societies are generally amicable. Fourteen Christian churches, among them the Roman Catholic Church, various Protestant confessions, and eight Orthodox and old-oriental churches are engaged in a dialog in the framework of the Ecumenical Council of Austrian Churches. The Baptists and the Salvation Army have observer status in the Council. The international Catholic organization "Pro Oriente," which promotes a dialog with the Orthodox churches, also is active in the country.

The Austrian Roman Catholic Church traditionally has been active in fostering amicable relations and promoting a dialog among the Christian, Jewish, and Islamic communities. The international Catholic group "Pax Christi," which pursues international interreligious understanding with projects involving Christianity, Islam, Judaism, and Buddhism, has a chapter in the country.

There were no reports of violence or vigilante action against members of religious minorities. However, some societal mistrust and discrimination continues against members of some nonrecognized religious groups, particularly against those considered to be members of sects. A large portion of the public perceives such groups as exploiting the vulnerable for monetary gain, recruiting and brainwashing youth, promoting antidemocratic ideologies, and denying the legitimacy of government authority. Societal discrimination against sects is, at least in part, fostered by the Government.

Muslims have complained about incidents of societal discrimination. They reported that a school in Vienna distributed a working paper that turned the five pillars of Islam into a preparation for battle. They also have complained of incidents of verbal harassment. In December 2002, the Muslim section of the city cemetery in Traun was vandalized. Approximately 40 gravestones were broken, torn out, or destroyed. Police had not identified any potential suspects at the end of the period covered by this report.

Sensitivity to Scientology in the country remains an issue. The Church of Scientology has reported that individual Scientologists have experienced discrimination in hiring. Scientology leaders complained that their bank account was closed without cause. They also noted that the city government would not give them permission to erect an informational tent on one of the squares in downtown Vienna. However, Scientology leaders also noted that the Vienna Provincial Tax Authority granted them tax-exempt, non-profit status.

The Austrian Jewish Community (IKG) is facing severe financial problems and has requested additional subsidies from the Government. The IKG rejected offers by the Government for interest-free loans, stating the solutions offered were inadequate and did not address the community's long-term financial problems. In a public interview, the head of the Jewish community complained about latent anti-Semitism that occasionally surfaces in the form of phone threats and verbal assaults. During the period covered by this report, there were incidents of desecration of Jewish cemeteries.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government in the context of its overall dialog and policy of promoting human rights.

The U.S. Embassy monitors the Government's adherence to religious tolerance and freedom of expression as part of its evaluation of the Government's policies and commitments to freedom of expression.

The Ambassador and other Embassy officers regularly meet with religious and political leaders to reinforce the U.S. Government's commitment to religious freedom and tolerance and to discuss the concerns of nongovernmental organizations and religious communities regarding the Government's policies towards religion. In the fall of 2002 and the spring of 2003, the Embassy made a special attempt to reach out to members of the Islamic community through roundtable discussions and digital videoconferences. The Embassy's Public Affairs Office highlights religious freedom and tolerance in its programs.

OSCE Conference on racism, xenophobia and discrimination: Austria criticised for religious intolerance in schools

Recommendations of HRWF Int. to cleanse school curriculum of any religious intolerance material

OTS (04.09.2003)/ HRWF Int. (06.10.2003) - Website: http://www.hrwf.net/ - Email: info@hrwf.net - On 4-5 September 2003, 380 participants from 55 countries gathered in the conference hall of the Hofburg in Vienna. In his opening ceremony address, Foreign Minister Ferrero-Waldner stressed that it was Austria's priority to combat racism, xenophobia and discrimination. Manfred Wirtitsch, director of the Department for Political Education of the Ministry for Education, Science and Culture, also praised the Austrian policy regarding the teaching of tolerance at school.

The spokesman of FOREF (Forum for Freedom of Religion), Guenther Ahmec Rusznak, was however very critical about Wirtitsch's speech. "Whether or not there is really some progress in teaching tolerance, we are still very far from satisfying results. There is still discriminatory teaching material in schools. For example, not less than 44 discriminatory anti-sect films were shown in schools throughout Austria. The Linz CD-Rom, on which not only religious minorities but also state-recognised religions such as Islam are defamed, is still on the school-Intranet online."

And FOREF founder, Peter Zoehrer, concluded by saying "Religious intolerance under any form is nothing else than subtle racism and xenophobia, - fear for different people."

Human Rights Without Frontiers Int. recommends

to the Central Government of Austria, the Government of the State of Upper Austria and of other states

• - to ban from the school curriculum any teaching material containing judgments of value on religious groups
• - to remove the CD-Rom "Auf der Suche nach dem Sinn" from the school-Intranet online
• - to ban the use of the CD-Rom "Auf der Suche nach dem Sinn" and any other discriminatory material in schools
• - to limit the distribution of information material on religious groups to documents which have been approved by their leadership

to the diocese of Linz

• - to revise the contents of its CD-Rom "Auf der Suche nach dem Sinn" so as to put it in conformity with international standards regarding religious tolerance
• - to stop the distribution of its CD-Rom "Auf der Suche nach dem Sinn" as long as the said revision has not been implemented

Anti-sect alliance between a regional government and a Catholic diocese stops distribution of controversial information

Willy Fautr, Human Rights Without Frontiers Int.

HRWF Int. (30.07.2003)/ Website http://www.hrwf.net - Email: info@hrwf.net - The Forum Religious Freedom (FOREF) has achieved a first major success in its protest campaign against the Sect CD Rom called In search of meaning conceived by the Catholic diocese of Linz and distributed since early 2002 by the Government of the State of Upper Austria as the latter has stopped sending it to schools and the targeted groups are now involved in the drafting of their own profile.

The campaign started in March 2003 when the FOREF held a press conference in Linz (Upper Austria) to publicize the expertise of Mr Christian Bruenner, Professor of Public Law at the University of Graz. Prof. Bruenner denounced the biased description of a number of Austrian religious groups and world views and stressed the total lack of legal basis of such a publication. Constitutional, civil and penal law provisions have been violated, Prof. Bruenner said at the press conference. The State and the Government of Upper Austria are due to remain neutral in religious matters and not to take sides with one or more religions against others, he added. The Catholic diocese and its sect experts were also heavily targeted by Prof. Bruenners report. Andreas Girzikovsky, a psychologist and Catholic theologian, was responsible for portraying the 350 religious groups and belief systems presented on the CD Rom. He was reproached with failing to consult the concerned groups during the drafting process and before the publication of the CD Rom.

When the CD Rom was publicized, many of the targeted groups felt defamed and insulted. In the section about the Mormons, it is written that they are not Christians, the founder Joseph Smith had been sentenced as a deceiver and deceptive practices had appeared since the beginning of the movement. About Jehovah's Witnesses, it is said that "they are trained in such a unilateral way by the Watch Tower Society that the borders between 'training' and manipulation fade away" and the readers are advised to tell Jehovah's Witnesses knocking at their doors " they do not want any more visit in the future, otherwise the Witnesses will try to visit them again and again." Such judgments of value and warnings come from material distributed by "historical churches", as it is explicitly mentioned on the CD Rom. While it is legitimate for a Church to defend itself against competitors on the free market of religions, the distribution and the financing of such material by state institutions can rightly be criticised and a halt to it be requested.

The protest campaign was supported by Prof. Dr Ernoel Lazarovits, from the Jewish Central Council in Hungary, who survived the Mauthausen concentration camp and received the Highest Award from the Austrian Republic. This is the sort of denigration Jews repeatedly experienced in Germany in the 1930s without anybody reacting to such hate campaigns. History has shown where passivity can lead to. This can never happen again. Guenther Ahmed Rusznak, a Moslim writer and spokesman of the FOREF, also took up the defence of the targeted religious minorities and proposed the appointment of a mediator between the Government of Upper Austria and the victimized minority religions. He recommended to the Austrian authorities to follow the example and the methodology of the Tirol Information Centre Kult&Co which published a brochure entitled Kirchen und Religionsgemeinschaften in Tirol (Churches and religious corporations in Tirol). A dozen churches and religious movements were requested to write the section concerning them with the collaboration of the editor-in-chief.

There are approximately 35 public and private information centres about sects in Austria. Peter Zoehrer from the Forum Religious Freedom told HRWF Int. that a private centre received an annual grant of 22,000 Euros from the Federal Ministry for Social Security and the annual budget of the Federal Information Centre about Sects amounted to 428,000 Euros.

Similar biased information was also distributed with the support and/or financial help of state institutions in other countries. In Belgium, the French Community distributed a brochure called Gourou, gare a toi (Guru, beware of you) referring to 189 sects and containing biased info about a number of them. All the brochures have been distributed and they are now being used in schools and in society in general to warn against sects. This anti-sect campaign was challenged in court, but unsuccessfully. The "Sect Observatory" (Information and Advice Center on Harmful Sectarian Organisations) also published and distributed a leaflet about Jehovah's Witnesses in which they make the one-sided statement that it is not a Christian religion. Is it the role of a state agency to take sides or should it not be to present the various theses at stake?

o.Univ.-Prof. Dr. Christian BRNNER

Karl-Franzens-University of Graz

Institute for Austrian, European and
Comparative Public Law, Political
Sciences and Public Administration

A - 8010 Graz, Universit?tsstr. 15/C 3

Tel.: +43 (0)316/380 - 3367, 3388

Fax: +43 (0)316/380 - 9450

E-mail: christian.bruenner@kfunigraz.ac.at

The state of religious freedom and anti-sect movements in Austria

By Christian BRNNER *

Table of Contents

• I. Some comments on the position of religion in Western European Society with regards to Austria
• II. Types of behaviour and activities of (religious) groups which are seen as problematic or as indisputably criminal
• III. Hard law and soft law regulations on a European level dealing with religious freedom and new religious groups
• IV. Some factual details about sects and anti-sect initiatives in Austria
• V. Austrian laws on religious freedom, churches and religious groups
• VI. Anti-cult legislation in Austria
• VII. Trends and challenges

I. Some comments on the position of religion in Western European Society with regards to Austria

To begin with I would like to make some brief observations on the position of religion in Western European Society looking at Austria in particular. If you examine more closely this position you will discover a picture that is in many ways contradictory.

On the one hand, the European identity is still largely defined by religion, namely by Christianity in its catholic and protestant denominations. In political and public discussions, especially when dealing with Islam, participants often refer to the occidental culture and they often claim that one of the pillars of this culture is Christianity.

On the other hand Austrian studies show that values such as Christian and church feature around the middle of the scale used in the studies. Home country, television or work are considered more important than Christian and church. In another Austrian study using a scale of values, family and job rank highly on the scale, whereas religion and politics are located towards the bottom.

Formal membership to the Church - in Austria the word usually refers to the Catholic Church - is extremely common. For instance, 74 percent of the population are Catholics (1997). On the other hand participation in worship and other religious ceremonies is in contrast low and is decreasing steadily. Only 14 percent (1997) of Austrians, for example, participate regularly in the Sunday worship services in comparison to the figure of 1973 which was 25 percent.

At present the main stream Christian denominations also lose members constantly. The quota of Catholics in Austrian society decreased from 84.3 percent in 1981 to 74 percent in 1997 (the figures for Vienna: 71.5 percent in 1988, 51.2 percent in 1997). In 1999, 44.359 Austrians left the Catholic Church.

However 54 percent of the Austrians believe in God and another 25 percent in a spiritual or transcendental force, younger people, in particular, tend to be more orientated towards magic-esoteric ideas. In addition the psychological services market in which people often look for a sense of life is booming. Some of these psychological services are combined with a somewhat spiritual dimension.

Pupils whose parents are members of, e.g. the Catholic Church, must participate in the religious studies lessons (an obligatory subject) offered in public schools. However one can leave the subject (under the age of 14, based upon the decision of the parents, above this age it is the decision of the child). In the school year 1997/98 14.8 percent of the pupils in the higher classes of high schools and 9.55 percent of the pupils in the vocational schools (they are older than 14 years) have decided to opt out of this subject. In compulsory schools and in the lower classes of high schools 0.29 percent respectively 0.57 percent of the pupils (they are under the age of 14) have left the subject with the approval of their parents. For those who do opt out, some schools offer a subject entitled ethics.

As I mentioned above it's a very contradictory picture. However interest in religious and spiritual matters - increasingly so outside well-established religions - is large and will continue to grow over the next decades.

II. Types of behaviour and activities of (religious) groups which are seen as problematic or as indisputably criminal

The Committee on Civil Liberties and Internal Affairs of the European Parliament has delivered a draft report on cults in the European Union in 1997 (see chapter III). In this report the following types of behaviour and activities of (religious) groups were seen as problematic:

-financial exploitation of members through excessive costs of courses, teaching materials, diagnosis and therapy; pressure to make donations;

-aggressive recruitment of members,

-physical and psychological neglect of devotees,

-infringement of employment and social security provisions for workers,

-unpaid or underpaid employment,

-separating people from their family, social and professional environment,

-refusal of conventional medical practices and blood transfusions for themselves and minor children,

-use of so-called psycho-techniques and methods of psychological manipulation,

-isolating children and young people in kindergartens and schools belonging to the cult,

-pursuit of predominantly financial or political interests in the guise of religion, counselling, personal development, etc.

-infiltrating State institutions,

-infiltrating and influencing business enterprises,

-persecuting critics and people who have left the cult.

However, some of the types of behaviour in the list above are very difficult to define precisely such as the use of psycho-techniques. Some are not really appropriate such as separating people from their family, social and professional environment because the focus on spiritual dimensions, retreat or meditation and contemplation may be part of the convictions and practices of a certain religious group. Incidentally, if you become a member of certain catholic orders you are also separated from your family and environment.

Furthermore, in the report it is said that the following activities are frequently denounced as being indisputably criminal: sexual abuse of children, trafficking in drugs and people, illegal practice of medicine, money laundering, tax evasion and incitement to suicide.

If you look at these activities it is evident to me that the existing (criminal) laws offer sufficient instruments to tackle these criminal activities and that we do not need specific anti-cult legislation, a point of view, which was also taken in the afore-mentioned draft report.

III. Hard law and soft law regulations dealing with religious freedom and new religious groups on a European level

There are different European levels on which laws and regulations C hard ones and soft ones C for dealing with religious freedom, new religious groups, cults or sects exist. The levels are the European Union, the European Council and the Organization for Security and Co-operation in Europe (OSCE). Here I list some of the relevant documents.

European Union

• -- Treaty on the European Community, Article 13

• -- Charter of Fundamental Rights of the European Union, December 18, 2000 (2000/C 364/01), Articles 10, 22

• -- Resolution of the European Parliament of May 22, 1984 on a common approach by the Member States of the European Community towards various infringements of the law by the new organizations operating under the protection afforded to religious bodies (OJ C 172, July 2, 1984, p. 41)

• -- Resolution of the European Parliament of July 8, 1992 on a European Charter of Rights of the child (OJ C 241,September 21, 1992, p. 67)

• -- Resolution of the European Parliament of February 29, 1996 on cults in Europe (OJ C 78,March 18, 1996, p. 31)
• -- Report of the Committee on Civil Liberties and Internal Affairs of the European Parliament of December 11, 1997 on cults in the European Union (draft)

• -- Final Communiqu of the 25th conference of European Ministers Responsible for Family Affairs, Vienna, June 16 C 18, 1997, with the topic ?Adolescence: A Challenge to the Family (Educational and Supportive Measures for Parenting)

Council of Europe

• --European Convention for the Protection of Human Rights and Fundamental Freedom, Article 9
• --First Protocol to the European Convention on Human Rights, Article 2
• --Recommendation of the Council of Europe, Parliamentary Assembly, February 5, 1992 on sects and new religious movements (1178/92)
• --Report of the Committee on Legal Affairs and Human Rights of the Council of Europe on illegal activities of sects, April 13, 1999 (Doc. 8373).

OSCE

• --Report released by the OSCE after the Supplementary Meeting on Freedom of Religion and Belief, March 22, 1999, Vienna

IV. Some factual details about sects and anti-sect initiatives in Austria

It is estimated that in Austria 500 to 600 religious groups are in operation which are - I quote the Minister of Education, Mrs. Elisabeth Gehrer, giving an interview to a newspaper (1997) - a dangerous potential for people. It is, furthermore, estimated that there are 200 000 sympathizers and 50 000 followers of sects (1996). The figures must be considered in relation to the fact that Austria has a population of more than 8 million inhabitants. A member of the Austrian parliament referred to a study concerning sects in a meeting of the Austrian parliament in 1996; he argued with the figures mentioned before. Unfortunately it was not possible for me to get a copy of this study.

Allow me now to present an overview of some of the organizations that are active in Austria and are considered to be dangerous to some extent according to the booklet Wissen schtzt (knowledge protects), edited by the Austrian Minister for Family Affairs, Mr. Martin Bartenstein, November 1996.

Guru Movements

Brahma Kumaris, Devine Light Mission, Divine Light Center, Eckankar, ISKCON (Hare-Krishna-Movement), Holosophic Society, Osho Movement, Sahaja Yoga, Sai Baba, Sri Chinmoy, Transzendental Meditation

Psycho-groups

Landmark education, Scientology, Center for Experimental Designing of Society (ZEGG)

New manifestation movements

Fiat Lux, Universal Life (UL)

Groups with christian background

The Family, Unification Church, Jehovahs Witnesses

Others

European Labour Party/Citizens Right Movement Solidarity, The Community/Humanistic Party/The Movement, New Acropolis, Soka Gakkai / Nichiren Shoshu

The booklet was revised and re-edited in 1999. Although the Jehovahs Witnesses have been recognized as a confessional community under the rule of the Confessional Communities law (see chapter V), they are still included in this second edition of the booklet. This leads to an incomprehensible situation: On the one hand the religious community is recognized under the rule of a law, on the other hand knowledge should protect citizens from this community.

It is a well-known fact that serious crimes have been committed by sects and cults throughout the world. For instance, the suicides and homicides of the Order of the Solar Temple in Switzerland (1994), in France (1995) and Canada (1997) or Heavens Gate in California (1997), caused wide spread concern and re-enforced anti-cult movements in Austria as well as in other countries.

Here are just a few examples of anti-sect initiatives and movements in Austria:

State institutions, political and administrative bodies:

• -- Parliamentary inquiries, resolutions and debates especially in 1994, 1996 (Aktuelle Stunde Sektenaufkl?rung in ?sterreich / sect-enlightenment in Austria), 1998 (Enquete Sekten und Psychokulte / sects and psycho- cults) and initiatives by parliamentarians to enforce regulations and control on sects
• -- A state campaign with a booklet Wissen schtzt (Knowledge protects), edited by the Austrian Ministry for Family Affairs in November 1996 (second edition in 1999), plus a telephone hotline
• -- Campaigns in schools e.g. Gemeinschaft kann gef?hrlich werden, deshalb Vorsicht! (community-membership may become dangerous, therefore be cautious!) by the Austrian Ministry of Education in 1997
• -- Brochure SOS - Sekten, Okkultismus, Satanismus, edited by two policemen, responsible for youth - contacts in Graz, 1998
• -- Seminar on cults organized by the Austrian Ministry of Internal Affairs
• -- Brochure Jugendsatanismus. Information, Gefahren, Hilfe, edited by LOGO-Jugend-Info-Service Graz, January 2001
• -- Brochure Ein besserer Mensch durch Esoterik? ... Die zwei Seiten einer Medaille. Esoterik und Rechtsextremismus, edited by the Youth Organization of the Social Democratic Party, 1998
• -- State observation and control by the state security police and the police, e.g. by the Referat zur Bek?mpfung des Sektenunwesens (section for fighting sect nuisances) within the police department in Vienna

Private and church institutions:

• -- Private associations, in Austria e.g. Gesellschaft gegen Sekten und Kultgefahren (association against dangerous sects and cults), founded in 1977
• -- Organizations affiliated with churches, e.g. Referat fr Weltanschauungsfragen, Sekten und religi?se Gemeinschaften der Erzdi?zese Wien (Section of the catholic archdiocese of Vienna for philosophy of life-questions, sects and religious communities)
• -- Heft 9 der Schriftenreihe der Karlskirche: Antworten. Sektendebatte. Stellungnahme aus der Kirche, Hans Gasper et al., Wien 1997
• -- Sekten. (Un-)Wissen und (Un-)Wesen, ed. by the diocese Linz, subsidized by the government of Upper Austria, June 1998.

Anti-cult initiatives and movements are also taking place in many other European countries as well. Some of the documents in chapter III refer to such initiatives and movements. I will just mention a few:

• -- Parliamentary inquiries, resolutions and debates, e.g. in France, Belgium, Germany (German Bundestag, Committee of Inquiry Sects and Psycho-groups 1996; interim report July 1997; final report June 1998, Deutscher Bundestag, Drucksache 13/10950); Switzerland (Sekten oder vereinnahmende Bewegungen in der Schweiz. Die Notwendigkeit staatlichen Handelns oder: Wege zu einer eidgen?ssischen Sekten C Politik. Bericht der Gesch?ftsprfungskommission des Nationalrates vom 1. Juli 1999).
• -- Parliamentary proposals for public information and explanation campaigns, e.g. in Sweden and Belgium
• -- Initiatives by parliamentarians to enforce regulations and control on sects
• -- Reports of governmental institutions and administrative bodies, e.g. (zweiter) Berliner Sekten Bericht, edited by the Berliner Senatsverwaltung fr Schule, Jugend und Sport, December 1997.
• -- Initiatives to establish (Europe-wide) databanks (co-ordination bodies, monitoring bodies etc) on sects and destructive cults (see the Final Communiqu of the 25th conference of European Ministers responsible for Family Affairs, June 1997)
• -- Initiatives fighting the lack of knowledge and research

As a result of the various tragedies and crimes mentioned earlier, but also as a consequence of public discussions concerning sects and cults and of growing demand for anti-sect activities, numerous proposals have been made and numerous measures have been taken to restrict undesirable sect-activities (see in particular the reports and documents mentioned earlier). Some of them are definite infringements of the freedom of religion.

I would like to provide just a few Austrian examples:

• -- Yoga was cancelled in the course brochures of the Styrian Volkshochschulen (an adult education institution) in 1994; the reason given was danger of developing sects and of mental dependence
• -- In some cases, lack of public funding and support for sects and sect-affiliated business and companies.
• -- The Landesgericht (Country Court) Vienna in 1996 ordered the deprivation of parental rights because the mother was a member of Scientology. Fortunately, the Austrian Supreme Court then rejected the ruling; it claimed that the decision which was only based on the mother having a different religious affiliation could not be accepted because it was contrary to the European Convention on Human Rights.
• -- Decision of the executive board of the Austrian peoples party (?VP): Membership to the party and the holding of a function within the party is not compatible with the confession to a sect or the active advertising for a sect (1997). In April 1999 the party convention formally accepted the decision.
• -- Proposals that members of anti-constitutional sects cannot become civil servants or that in the case of disciplinary action it has to be verified whether a civil servant is a member of an anti-state group or not.

The Recommendation 1178 (1992) of the Parliamentary Assembly of the Council of Europe considered that major legislation on sects was undesirable since it might interfere with the freedom of conscience and religion safeguarded by Article 9 of the European Convention on Human Rights. This attitude was then reaffirmed in the Recommendation 1412, adopted on June 22, 1999 by the Parliamentary Assembly of the Council of Europe in connection with the Report Doc 8373 (see chapter III). In the report it is expressed that there is still no question of advocating major legislation but that explanation, information and documentation (it is e.g. recommended that information centres should be independent of the state) are necessary. Hence the Parliamentary Assembly gave priority to the prevention against dangerous sects; major legislation on sects is undesirable. (The recommendation of 1999 was a compromise. Some deputies of member states commented, that parts of the recommendation are inconsistent with international human rights standards).

Austria did not follow these Recommendations: A law was passed that creates a minor class of religious communities, and the Documentation and Information Office for Matters Concerning Sects, established by law, is not explicitly independent of the state (for both laws see chapter VI).

V. Austrian laws on religious freedom, churches and religious groups

1. Constitutional Law

Austria has signed and ratified the most important international convention dealing with human rights in Europe, the European Convention on Human Rights. The convention is part of the constitutional law in Austria.

Art 9 of the European Convention on Human Rights:

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion of beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 2 of the First Protocol to the before mentioned European Convention is also of considerable importance.

Art 2 of the First Supplementary Protocol to European Convention:

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

A number of decisions by the (former) European Commission and the European Court (both these entities were established by the European Convention on Human rights; the 11th Protocol to the Convention (1998) cancelled the Commission and established a permanent Court) have interpreted the definition of religion in the convention. I will refer to one of these decisions a little later.

Article 14 and 15 of the Austrian Constitutional Act on General Human Rights of the Citizens also deal with religious freedom and churches.

Constitutional Law on General Human Rights of the Citizens

Article 14

Everyone is guaranteed complete freedom of conscience and creed.

The enjoyment of civil and political rights is independent of religious belief. Nevertheless duties incumbent on nationals may not be prejudiced by religious beliefs.

No one can be forced to observe a ritual act or to participate in an ecclesiastical ceremony in so far as he is not subordinate to another who is by law invested with such authority.

Article 15

Every Church and religious society recognized by the law has the right to joint public religious practice, arranges and administers its internal affairs autonomously, and retains possession and enjoyment of its institutions, endowments and funds devoted to worship, instruction and welfare, but is like every society subject to the general laws of the land.

Finally I would like to mention the articles 63 p. 2, 66 p. 3 and 67 of the Treaty of Saint-German-en-Laye 1919 which are also relevant for the freedom of religion and religious communities.

If one reviews the Austrian Constitutional Law one can say that religious freedom is guaranteed, but there are two possible sources of conflict of discrimination against religious minorities and of threatening religious freedom.

The first one is a restricting notion of the term religion. Definitions by political and judicial officials are sometimes mainstream-oriented and narrow, although the European Court for Human Rights favours a broader view concerning the term.

In the case Manoussakis and others vs Greece (European Court of Human Rights 26. 9. 1996) the European Court found that the state does not have the right to decide what is or is not a bona fide religion and unequivocally declared that the policy underlying the Conventions guarantee of religious freedom was to secure true religious pluralism. The court noted that the right to freedom of religion as guaranteed under the Convention excludes any discretion on the part of the State to determine whether religious beliefs or the means used to express such beliefs are legitimate.

The second possible opening allowing discrimination against religious minorities are public order clauses. Public order clauses should insure that the use of religious freedom does not violate the public order. They are often wide-ranging. An example is Article 9 par. 2 of the European Convention on Human Rights. Unfortunately conflicts between a possible infringement of liberty and a possible infringement of public order are often solved in favour of public order. Allow me here to give an example.

The Jehovah's Witnesses applied for recognition in 1987. The application was rejected by the Federal Ministry of Education in 1997, in other words ten years later. The argumentation used included the following:

In the scripts of Jehovah's Witnesses an intolerant attitude against the state, the communities of states and towards other religions can be identified. They say that political systems are a further essential part of the world of Satan. In this sense members are admonished to keep away from politics and not to take part in elections.

Considerable problems arise also in the case of a necessary blood transfusion, especially with children of members of the Jehovah's Witnesses, because life-saving medical provision is declined.

The Constitutional Court voided the rejection on March 11, 1998. The Federal Ministry had to decide again - now not under the rule of the State Recognition Law but of the Confessional Community Law, a lower level of recognition than the one for state-recognized churches and religious communities. In July 1998, Jehovahs Witnesses received the status of a confessional community. According to the law on Confessional Communities, Jehovahs Witnesses is now subject to a 10-year observation period before they are eligible for recognition as a church or religious community.

After the Federal Ministry of Education had granted Jehovahs Witnesses the status of a confessional Community, the community immediately in 1998 requested that it be recognized as a state-recognized religious community. The Federal Ministry of Education denied the application, on the basis that, as a confessional community, Jehovahs Witnesses would need to submit to the required 10-year observation period. The community has appealed against this decision to the Constitutional Court, arguing that a 10-year observation period is unconstitutional. A decision is still pending.

Also in 1998, Jehovahs Witnesses filed a complaint with the European Court for Human Rights, arguing that the community has not yet been granted full status as a religious entity, despite having made numerous attempts for more than 2 decades. A decision is still pending.

2. Laws

On a legal level below the constitutional law, we have two laws which deal with the recognition of religious groups, the Law on the Legal Recognition of Churches and Religious Communities (Anerkennungsgesetz 1874) and the recent Law on Confessional Communities (Bekenntnisgemeinschaftengesetz 1998).

The laws establish three levels of recognition.

a) State-recognized churches and religious communities

The first level are state-recognized churches and religious communities. The recognition provides public legal status.

Austria has twelve state-recognized churches and religious communities:

• - the Catholic Church (about 6 million members)
• - the Protestant Church of Augsburg (371.928 members)
• - and of Helvetian Confession (16.781 members)
• - the Greek Orthodox Church
• - the Old Catholic Church (18.930 members)
• - the Methodist Church
• - the Armenian Apostolic Church
• - the New Apostolic Church
• - the Syrian Orthodox Church
• - the Jewish Religious Society (7.268 members)
• - the Mormons (Church of Jesus Christ of Latter Day Saints)
• - the Islamic Religious Society (about 300.000 members)
• - the Buddhist Religious Society.

These state-recognized religions enjoy tax exemption, receive government funding and a certain amount of free broadcasting time on public radio and television. They are also permitted to teach religion for their members in public schools (religion is a compulsory subject); some of them (e.g. the Catholic Church) are permitted to provide chaplains in the military.

The new law which was passed on December 10, 1997 (Bekenntnis-gemeinschaftengesetz) requires that a state-recognized church has to have at least 16.000 members (0,2 percent of the population). If you were to apply this criteria to these twelve churches and religious communities, eight of the twelve would not have been recognized.

The new law also states that in order to be a state-recognized religion a religious association must have existed in Austria for at least 20 years, including a minimum of 10 years as a legally recognized entity by the government (as a confessional community).

b) Confessional communities which are accorded legal recognition

The second level are confessional communities which are accorded legal recognition under the rule of the Bekenntnisgemeinschaftengesetz. This recognition provides them with private legal status. E.g., such status allows these groups to have a bank account or to own property, but does not entitle them to have the same rights as state-recognized communities (some of these rights I mentioned before).

To become legally recognized, a community must have at least 300 members and must wait six months after filing its application. In comparison, the waiting period for non-religious groups is only six weeks and political parties are accorded legal status upon receipt of their statutes.

Legal status may be denied to religious communities by the Federal Ministry of Education, Science and Culture if it believes that young people could be adversely affected by it, or that psychological methods are used improperly to disseminate religious beliefs. Legal status may also be denied in the interest of public security, public order, health or morality. Here again is another example of a wide-ranging public order clause.

I question the constitutionality of the Law on Confessional Communities of 1998 because it leads to a second class of religious communities. It is discriminating and a deliberate withholding of constitutional provisions for religious communities from religious minorities by preventing their state recognition for at least 20 years and by making it more difficult to be accorded a legal status.

c) Other religious communities

The third level includes religious communities without a special legal status. They do not have legal standing. Therefore they are e.g. unable to purchase property.

However certain non-profit organizations with a legal status accorded by the Law on Non-Profit Organizations do exist. Although, according to Art. 3 lit a of this law, religious communities are not ruled by this law. Communities which did not achieve recognition as a religious community have often established subsidiary organizations under this law. It should perhaps be noted that this law authorizes the police to supervise and control.

Several religious communities have applied for recognition under the Confessional Communities Law. After the introduction of the new law the following nine religious communities have obtained the title recognized confessional community.

• -- Jehovah's Witnesses
• -- The Baha i Faith religious community of Austria
• -- Union of the Baptist community in Austria
• -- Union of Evangelical Alliance in Austria
• -- Free Christian Society / Pentecostals
• -- Christian Society - Movement for Religious Renewal in Austria
• -- Church of the Seventh-Day-Adventists (10.000 members)
• -- Coptic - Orthodox Church in Austria
• -- The Hindu religious community

Upon receipt of this title they are to be supervised for ten years by the Federal Ministry of Education, Science and Culture in order to see whether they have a positive attitude towards the state and its society or not. This is a necessary process to become at state-recognized religious community. Although they have obtained the title recognized confessional community they do not have the right to teach their religion in schools, nor do they enjoy tax exemptions or receive any free broadcasting time on public radio and television stations. These rights are reserved only for state-recognized religious communities.

Vishwa Nirmala Dharma Austria (Sahaja Yoga), one of the religious communities which also applied for recognition was unsuccessful with its application and is therefore not allowed to call itself a recognized confessional community. The community appealed against the rejecting decision to the Constitutional Court. A decision is pending.

Another community, the Scientology Church, did not receive recognition because the community withdrew its application before a decision had been taken.

VI. Anti-cult legislation in Austria

As mentioned earlier Austria was active in the field of anti-cult legislation. One of the leading roles was played by the former Minister for Family Affairs, Mr. Martin Bartenstein.

In 1997 the Law on Confessional Communities was passed, as described in chapter V. This law creates a second (minor) class of religious communities. Undoubtedly, one purpose of the law is to prevent new religious communities acquiring the status of a state-recognized church under the State-Recognition Law of 1874.

In 1998 the Austrian Parliament passed another law, the Federal Law for the Establishment of a Documentation and Information Office for Matters Concerning Sects. Relevant background to this law is not only the Austrian situation, but also the Final Communiqu of the 25th conference of the European Ministers, responsible for family affairs (June 16 - 18, 1997), with the topic Adolescence: A Challenge to the family (educational and supportive measures for parenting). In this Final Communiqu the Ministers expressed appreciation for the Austrian initiative to establish a European Documentation Centre on sects and destructive cults in order to collect and analyse all relevant information and to make the information available to the governments. Several ministers expressed their interest in joining the Austrian initiative to launch the project. They agreed on establishing a working group, in order to clarify the following questions: legal problems, status of the Centre, budget, statutory bodies, etc.

A Federal Office for Sect Matters has been established in Vienna by this law.

Its tasks consist of the documentation and collection of information about dangers originating from programs or activities of sects or sect-related activities as far as these could endanger

• - the life or physical or mental health of people
• - the free development of human personality including the freedom to join or leave religious or ideological groups
• - the integrity of family life
• - peoples property or financial independence
• - a free spiritual and physical development of children and adolescents (Article 4 p. 1 of the law).

The law says that taking into account these tasks the respect of basic freedoms and human rights including freedom of faith, religion and conscience of all citizens is most decisive.

The law does not apply to legally recognized churches and religious groups (although sects also exist within the Catholic Church, that is to say, the law discriminates against religious communities outside the state-recognized ones).

To fulfil its tasks the Federal Office for Sect Matters is entitled to

collect, evaluate and pass on information

counsel those people involved

co-operation and exchange and management of research projects

The central (and most problematic) part of the law is article 5. It deals C in detail C with the collection, processing and transmission of data.

The office is entitled to collect and process publicly available personal data concerning religious communities and their activities and religious activities of single persons. If there is a well-founded suspicion that values which are mentioned in article 4 p. 1 are endangered, data may be also transmitted.

If the personal data concerning religious communities and their activities are not publicly accessible they may only be used if they are voluntarily passed on to the office. It is not allowed to collect and process non-publicly accessible personal data of a person unless a person is active in a religious community beyond membership or is active on the field of religion or of philosophy of life as a single person. Such data may be transmitted, if this is necessary in regard to the tasks mentioned in article 4 p. 1.

Publication of personal data of a person is only allowed if the person is a concrete danger to perform a criminal offences against the values mentioned in article 4 p. 1.

The Federal Office for Sect Matters lies under the authority of an executive director who is appointed by the Federal Minister of Social Security and Generations.

The Ministry of Social Security and Generations supervises the Office of Sect Matters. The employees of the Federal Office for Sect Matters are bound to secrecy about all matters they deal with. The Federal Office for Sect Matters is exempted from fees and taxes. The Minister of Social Security and Generations is bound to execute this law.

In the comments on the government-draft of the law, the government gives its reasons for this law as follows:

The legislative body requested the Federal Government to tackle the problem of sects, pseudo-religious groups, associations and organisations as well as destructive cults and to inform the public about these matters. The Committee on Legal Affairs and Human Rights of the Parliament of the European Council reported on Sects and new religious movements stating that information on the nature and activities of sects should be provided, particularly for adolescents. Independent bodies could be given the task of collecting and circulating this information. Furthermore the government refers to the mass suicides of the Peoples Temple-Sect of Jim Jones, the Davidians of David Koresh, the Order of the Solar Temple and the UFO-Group Heavens Gate.

The term sect is not defined by the law. In the comments of the draft however, sects are described as religious and ideological groups, which disassociate themselves from society in some ways, as well as organisations which only have economic aspects in mind.

In the comments it is also said that the individuals decision to bear witness to any such group is part of the protected area of private life. Information impending basic rights may only be given if a sect or its members have performed criminal offences. Furthermore, according to the comments, state institutions must be allowed to warn of possible threats or even damage to mental and physical health or of financial implications.

I question the constitutionality of this law, too. Data protection is not secured. The power of the Minister to direct the office is not denied explicitly, the office is not explicitly independent. Some rules of the law are highly undetermined. The law threatens the right of respect for private and family life, the freedom of thought, conscience and religion and the freedom of expressions.

Incidentally, a visit to the Inform Institute in London, is to be recommended to all who talk and think about sects. Its an institute that was founded by the sociologist Eileen Barker in 1988. Today it is a place that is well-known as a documentation centre for new religious groups, and is as objective, balanced and up-to-date as possible. The Inform Institute collects, analyses and publishes information about the diverse beliefs, practices, membership and organisation of the new religious movements, and the consequences of their existence both for their members and for the rest of society. In addition more than 2000 small groups are registered, from the Aetherius Society to the Unification Church.

Inform is non-political and non-sectarian; it is not dependent on any public authorities. It consists of a few employees who co-operate with different experts.

Informs Board of Governors is responsible for formalising its policy and for supervising the work of the staff. Representatives from the Home Office may be present as observers at meetings of the Board. The Boards members include parents of members of new religious movements, ministers of religion, academics and counsellors; three mainstream Christian traditions and a professional sociological organisation nominate four of the Governors (for further information about the institute see Barker, New Religious Movements, pp. 141-144).

No advice, only information is given! This is the philosophy of the institute which is why it is sometimes seen as an enemy of anti-cultists who sometimes want to save people from sects through deprogramming and other problematical methods. Sometimes anti-cultists are more aggressive than sects.

Summarising the situation in Austria I would say the following:

Austria is playing a leading role in the anti-cult policy and legislation but in a way which threatens the state of religious freedom in Austria.

Since 1984 the European Parliament has passed several resolutions dealing with sects and cults. The Committee on Civil Liberties and Internal Affairs of the European Parliament has delivered a draft report on cults in the European Union in December 1997. Compared to the situation in Austria the suggested measures for dealing with destructive sects are much more lenient. When you read the items of the motion you will notice the retention of the draft as far as anti-cult measures and especially legislation is concerned, a retention in favour of religious freedom. Therefore I pinned my hope on this draft report. Unfortunately the draft report did not find a majority in the European Parliament. It was turned back to the Committee on Civil Liberties and Internal Affairs. Since then it has not been placed on the agenda of the Parliament. In particular representatives of catholic member states and regions argued that the draft report is a dangerous playing down of sects and a form of hostility to the church (note that in Austria the word church means the Catholic Church). On the other hand some members of the European Parliament might have voted against the report because it may have seemed to be too restrictive to them.

As far as the two Austrian anti-cult laws are concerned, I am sure that the laws and the decisions of administrative authorities under the rule of these two laws, will be brought to trial. I sincerely hope that the Austrian Constitutional Court and the European Court for Human Rights, with their judgements, will put a stop to the Austrian policy of discrimination against religious minorities.

VII. Trends and challenges

Finally I would like to refer to some trends and challenges. I hope that the challenges can be met.

1. The interest in religious and spiritual questions and answers C outside well-established religions C is already large and will continue to grow over the next decades.

2. Religion, especially in a secular society, is usually critical towards state and society, too. This is even more true for religious minorities. They supposedly threaten established philosophies of life, world-outlooks, values, churches, conventions, etc. with their philosophies of life and values. Their often radical spiritual orientation towards life may have far-reaching cultural implications which often differ widely from the cultural conventions. This fact is one of the causes of anti-cult movements and regulations which endangers the religious freedom of such minorities.

• - We should educate our children that spiritual values and orientations are important for their lives.

• - We should educate our children that what is unknown, unconventional, not-traditional, foreign, is not a threat or a danger but can be a challenge which can enrich our lives.

• - We should be tolerant and we should educate our children to be tolerant.

• - We should encourage ourselves and our children not to always be within the mainstream. We should speak of and fight for the right to be different.

3. Due to these and other facts, such as serious crimes which have been perpetrated by certain religious movements, e.g. the suicides and homicides of the Order of the Solar Temple in Switzerland (1994), France (1995) and Canada (1997) or Heavens Gate in California (1997), religious minorities like the Pentecostals, Jehovahs Witnesses, the Unification Church etc. face discrimination and governmental control in a number of Western European states, especially in France, Belgium, Germany, Switzerland and Austria.

• - We should stop discrimination of any kind against religious minorities.

• - We should recognize that the protection of minorities of what ever kind is a pillar of democracy.

4. The policy of controlling the growth of religious minorities often takes three shapes:

• - The government supports some traditional religions.
• - The government tolerates the presence of other religious communities which it deems not to be dangerous.
• - The government suppresses or discourages the growth or the presence of religious movements which are new, unpopular or labelled as dangerous.

Executing such a policy state officials decide whether a community is a religious one or not, which types of behaviour and activities are seen as problematic or not and so on. In making these decisions government and state officials are relying increasingly upon the advice of psychiatrists, psychologists, information centres run by churches and by the government, threatened family members, disgruntled apostates, private anti-cult movements etc.

• - We should question the constitutionality of such a policy and of such laws and their accordance with international law conventions (such as the European Convention on Human Rights or the United Nations Declarations of Human Rights).

• - We should support and organize world-wide investigations, reports and conferences of Human Rights organizations and activists.

• - We should encourage research carried out by independent scientists and experts to overcome the lack of even basic scientifically reliable quantitative data, e.g. on the number of cults in operation, number of members and membership structures, and to obtain scientifically reliable qualitative exposures.

5. Words such as sects or cults or psycho-groups have a negative connotation and therefore are often used as a tool of discrimination.

• - We should avoid such words and speak of new religious movements or groups or religious minorities.

6. Regulations should follow the philosophy of Mrs. Eileen Barker from the Inform institute in London: No advice or counselling, only information is given!

• - We should establish (world-wide) databanks of religious movements which are run by non-governmental, independent institutions and which just inform and do not counsel, like the institute Inform in London.

• - In case of doubt as to whether a religious group is somehow "unusual" we should direct our thinking and decisions in favour of the right of religious freedom, which is not only an individual but also a collective human right and one of the fundaments of mankind.

7. The (general) laws such as criminal law, consumer protection law, laws against tax evasion, which exist in the states of Western Europe are in general sufficient to fight criminality and misuses within the frame of religious movements.

• - In the case of crimes and law abuses we should investigate and prosecute the suspects as criminals or law abusers, but not as members of a religious group.

$ This is the written, combined and revised version of lectures which I gave at the International Coalition for Religious Freedom Conferences C both were dedicated to the topic Religious Freedom and the New Millenium - in Washington D.C. (17th C 18th April 1998) and Tokyo (23rd C 25th May 1998) and on the CESNURs 12th Conference Religious and Spiritual Minorities: Towards the 21st Century in Torino (10th C 12th September 1998).

References:

Barker Eileen, New Religious Movements. A Practical Introduction, 5th impression with amendments, HMSO, London 1995.

Bochinger Christoph, New Age und moderne Religion - religionswissenschaftliche Analysen, Christoph Kaiser/Gtersloher Verlagshaus 1994.

Fefferman Dan (ed.), Religious Freedom an the New Millenium. Papers and presentations from four international conferences, 1998, sponsored by The International Coalition for Religious Freedom (Washington, Tokyo, Berlin, Sao Paulo), 2000.

Gasper Hans et al., Lexikon der Sekten, Sondergruppen und Weltanschauungen, 10th edition, Verlag Herder Freiburg i.Br.-Bern-Wien 2000.

Hanegraff Wouter J., New Age Religion and Western Culture. Esotericism in the Mirror of Secular Thought, State University of New York Press, 1998.

Introvigne Massimo, Religious Liberty in Europe, report released by CESNUR (Center for Studies on New Religions, Torino, Italy) at a press conference held in Washington D.C. at the National Press Club on December 1, 1997.

Jugendreligionen. Sekten. Destruktive Kulte, ed. by Sozialwissenschaftliche Arbeitsgemeinschaft (SWS), Wien 1997.

Meldgaard Helle C Johannes Aagaard (ed.), New Religious Movements in Europe, Aarhus University Press, 1997.

Schneider Georg, Die Frage der Rechtspers?nlichkeit von Religionsgemeinschaften unter besonderer Bercksichtigung des diesbezglichen Judikaturstreits zwischen Verfassungs- und Verwaltungsgerichtshof, Diplomarbeit, Rechtswissenschaftliche Fakult?t der Universit?t Graz, Dezember 2000.

Seiwert Hubert (ed.), Massimo Introvigne: Schluss mit den Sekten! Die Kontroverse ber ?Sekten und neue religi?se Bewegungen in Europa, diagonal Verlag, Marburg 1998.

Valentin Friederike, New Religious Movements in Austria, in: Helle Meldgaard and Johannes Aagaard (ed.), New Religious Movements in Europe, Aarhus University Press, 1997, p. 168 C 174.

A controversial CD-Rom with information in 350 religious

and philosophical groups

Opinion of Dr. Christian BRNNER, Professor at Graz University

Dr. Christian Brnner (03.04.2003)/ HRWF Int. (10.04.2003) - Website:

http://www.hrwf.net - Email: info@hrwf.net - Subject of the analysis is a CD-Rom containing information on over 350 religious and philosophical groups and movements. The preface is created by Mr. Franz Hiesl, Deputy Head of Upper Austria Province Government, Mr. Willi Vieb?ck, Bishop Curate of the Linz Diocese, and Mr. Andreas Girzikovsky, Psychologist and Theologian and Head of the Counselling Authority on Sects of the Linz Diocese, who is responsible also for the editorial arrangement of the CD produced in March 2002 in Linz. This identifies the CD as co-produced by government and non-government institutions.

The contents of the CD, as per its preface, embraces the following items:

• (1.) Is there any sense in
• (2.) Sects, Knowledge Protects Against Abuse
• (3.) Sects, Ignorance/Knowledge and Nuisance/Nature
• (4.) Infos on Religious Groups and Movements
• (5.) Linz Correspondence Course Groups
• (6.) Linz Correspondence Course Sects
• (7.) Pictures and Cartoons and Cliparts.

Speeches and articles published in previous years are reproduced, leading to the most extensive part of the CD, a list of information on religious groups in alphabetical order, registered or not.

The contents of the CD is made accessible to schools via Intranet.

The question, whether the facts given in the CD are true or not is not subject of this analysis.

A. Constitutional Law Aspects

1. Legal Qualification of Governmental Information

Although the information activity of the governmental Counselling Authority on Sects Issues in Austria is considered no infringement of the constitutional fundamental right of freedom of conscience and denomination, it has to be qualified as an act of indirect administrative power of order and constraint.

In brief, it can be said: Since acts of governmental information activity on religious and ideological groups definitely touch the fundamental right of religious and ideological freedom, such acts, being an exertion of direct administrative power of order and constraint, can be fought by complaint with the UVS (Independent Administration Senate) as per Art 129 a B-VG. Furthermore, it is open to anybody to file a complaint with the Courts of Public Right.

The relevance on fundamental rights of governmental information activity on sects is also emphasized by the German Federal Constitutional Court in its legal protection argument.

Meditation Associations of the so called Shree Rajneesh- Bhagwan- or Osho Movement lodged a constitutional complaint about the information by the German government naming the Rajneesh community sect, youth religion, youth-sect or psycho sect and labelling it destructive or pseudo-religious as well as publicly claiming that community members are being manipulated secretly (closed to the public), and thus claimed the violation of Art. 4 Para 1 and 2 of the Fundamental Law covering the fundamental right of Freedom of faith, conscience and denomination. The Federal Constitutional Court concluded that the use of the attributes destructive and pseudo-religious and the charge of member manipulation do affect the guaranteed right of the complainant for a decent treatment in view of his religion or ideology by Art. 4 Para 1 and 2 Fundamental Law, although the characteristics of an infringement of the Fundamental Law in a conventional sense would not be given. An infringement of the Fundamental Law would normally mean a legal form procedure. The description of the Rajneesh Movement, however, did not happen in a legal form but by governmental information and unfavourable effects on the individual community were accepted. The statements mentioned did have a direct factual effect on the complainant. This does not prevent matching such statements with Art 4, Para 1 and 2, of the Fundamental Law, since the Fundamental Law does not tie protection against impairment of the fundamental right to the idea of infringement nor does it define it as regards the contents. Indirect factual impairment of the Fundamental Law Art. 4, Para 1 and 2, would not to be blamed only in case they constitutionally could be sufficiently justified. The German Federal Constitutional Court, does not either stress a particular legal form of infringement, however, it emphasizes the fact of direct impairment of the fundamental right.

2. Infringement of the Fundamental Right on Freedom of Religion and Ideology

In any case does governmental information on religious and ideological communities touch the fundamental right of freedom of religion and ideology.

The constitutional basics of freedom of thought, conscience and religion date back to various epochs of relationship between government and religious communities. Worth mentioning are Articles 14 to 16 StGG of 1867, Art. 63 of the Treaty of Saint Germain 1919 and Art. 9 of the European Convention on Human Rights . Their consistency can only be attained by interpretation. It has to be proceeded from the assumption that the two latter have cancelled the first one to the degree that nowadays followers of legally recognized as well as of non-recognized religious communities are entitled to publicly practice their religion, as far as this is not conflicting with public order or morals. So far as per Art. 62 of Saint Germain Treaty. The constitutional standard of Art 9 Para 2 of the European Convention on Human Rights contains more detailed rules, determining form and contents of allowed restrictions.

Art. 9 of ECHR not only guarantees individual freedom of religion but also corporative freedom of religion. A religious community, too, may claim its right of religious freedom. Just like individual religious freedom includes the right of self-determination for the individual, the corporative religious freedom which is derived from the individual freedom of religion, must, too, include the right of self-determination with regard to religious internal affairs. A contrary view on the subject would lead to a heavy restriction of corporative freedom of religion, for which there is no foundation in Art 9 ECHR.

Purpose of an examination would be to find out if the goal of public interest is in sound proportion to the reduced fundamental right.( Theo ?hlinger, Constitutional Law)

As to the threat or dangerousness, the law omits definitions for these terms. The matter derails completely, when the law mentions threat that did not or did not yet reach the point of criminal acts.

Since it is the purpose of the law covering governmental Counselling Authorities on Sects Issues to document threats emanating from sects and sect-like activities, and to inform the public about that, the law obviously authorizes inferring from the behaviour of an individual to the behaviour of an entire group.

Such conclusions attack the legal position granted to a community. They are - because oriented towards an individual - unsuitable for judging an entire group and they contradict the general objectivity rule derived from the Equality Law.

Personally, I think that protection of the individuals position in the fundamental right of religious freedom would be better secured on a broader basis, if in families, schools and universities, churches and religious communities, in associations and parties, the individual person would be encouraged to be critical towards his own family, his own teachers, his own church and religious community, his own association, his own party, his own seniors, the authorities, the powers, gurus, etc., who ever wants to rise above him, and to be sure to live what serves the development of his own personality and not to live what others want him to.

Because the critical, self-confident individuals are in a better position in the contact with sects, if those really wanted to restrict and exploit the individual.

Special interest deserves, however, a decision of the European Commission for Human Rights about governmental information activity in connection with a 1996 complaint by Universal Life against Germany. In fulfilment of his function to inform the public on matters of general interest, the state is entitled to pass on information in an objective but critical way, if such information does not aim at agitation and indoctrination, thus jeopardizing freedom of religion.

In its verdict Manoussakis versus Greece, the European Court for Human Rights explains : In limiting the scope of discretion in view of this case, the Court has to consider what is at stake, i.e. the need of ensuring true religious pluralism which is an inherent feature of the idea of a democratic society. Furthermore, there must be attached legal importance to this need, if decision has to be made as per Art 9, Para 2 (ECHR), whether the restriction imposed to the pursued entitled party was proportional. The restrictions of religious freedom require stringent examination by the Court.

As mentioned earlier, the Federal Law on Counselling Authorities on Sects Issues is not applied to legally recognized churches and religious communities and their affiliates ( 1, Para 2, leg cit). It is questionable whether or not religions denomination communities are subject to this Law.

5 of the Federal Law on legal status of religious denomination communities, BGBI I 1998/19, cites the reasons which may lead to a denial of an acquisition of the legal status. Someone may be deprived of his legal status, if conditions as per 5 for a denial of legal status exist, provided that he continues in spite of an incitement to bring the reason for denial to an end. Since the denial and deprivation reasons stated in the Denomination Communities Law are generally identical with the threats and dangers of 4, Para 1, in the Federal Law on Counselling Authorities on Sects Issues, it has to be proceeded from the fact that a denomination community which has attained legal status is to be considered as not dangerous until its deprivation of the legal status. Consequently, so Jrgen Noll, when Sects are communities emanating threats, and when such threats must not emanate from denomination communities registered with the state, those just are not Sects in the sense of the Federal Law on Counselling Authorities for Sects Issues.

Another way leading to the same result - Jrgen Noll, points it out, too - would be a constitutional interpretation of 1 Para 2 of the Federal Law on Counselling Authorities for Sects Issues. The objectivity rule in the Equality Law prohibits differentiation that is not objectively justifiable. In case the differentiation as per 1 Para 2 of the Fed. Law on Counselling Authorities on Sects Issues between legally recognized churches and religious communities on the one hand, and denomination communities on the other hand, is not justifiable, the rule would be unconstitutional, unless one would, by a constitutional interpretation, wind up with a 1 Para 2 of the Federal Law on Counselling Authorities on Sects Issues also applicable to registered denomination communities.

The reason for the legally recognized churches and religious communities?exception from this Law is regarded as due to Art 15 StGG, which rules that legally recognized churches and religious societies are constitutionally protected with regard to their independently settling their internal affairs, including their affiliates. One would have to proceed, then, from the fact that it would be the problem of the recognized churches and religious societies to bring to an end any abuses within their affiliates. Since per Art 9 ECHR- as explained above - neither recognized churches and religious societies are granted the right of handling their internal affairs autonomously, this cannot be a reason for differentiation. Since there is no differentiation between the two types of religious communities with regard to prerequisites for acquiring legal status (both types attain their legal status only if they are not dangerous), there are only two hypothesis of interpretation: Either 1 Para 2 of the Federal Law on Counselling Authorities for Sects Issues is unconstitutional due to its violating the objectivity rule under the Equality Law or it includes registered religious denominations by means of a constitutional interpretation.

The above specifications would apply to any legal acts of governmental information on religious and ideological groups. Thus would a regional government use the above described regime, which means, that such information activity would have to observe the above mentioned limits to fundamental rights.

The denial of a correlation between the validation of a community and its members contradicts all experiences. If a community is of ill repute, so, in general, its members will be so. The existence of such correlation of validation must be considered, therefore, in various legal proceedings.

The term Sect has never been part of the Austrian legislation. Only its use in the Federal Law on Counselling Authorities on Sects Issues made it a legal term again.

From 2 of the Federal Law on the Authority for Sects Issues, a definition for 조Sect may be derived: Sects (or sect-like activities in the sense of this law) are religiously or ideologically oriented communities (or activities) which may involve threats in the sense of 4 Para 1 leg cit - this rule specifies goods to be protected. Legally recognized churches and religious societies and their affiliates, as per 1 Para 2 leg cit do not come under this rule. The same applies to registered religious communities which are granted legal status only when they do not involve any threats in the sense of the Religious Denominations Law, and the goods to be protected are generally identical in the Religious Denominations Law and in the Federal Law on Counselling Authorities on Sects Issues.

According to the understanding of RV by EB, that the mentioned Federal Law lacks precise factual elements with regard to the phenomenon of Sect, this Federal Law would be constitutionally problematic already on this ground, because an infringement of a fundamental right needs, amongst others, a legal basis with its contents sufficiently determined.

Consequently, there are Sects emanating threats - they are sects in the sense of the Federal Law. And there are Sects not emanating threats - they are not sects in the sense of the Federal Law. How to communicate this hair-splitting in a way that not any religious and ideological group which is called Sect by the public is deemed dangerous and therefore ill-reputed, remains undisclosed.

The Austrian Constitutional Law is characterized by the rule of the states religious neutrality. Religious and ideological freedom is protected by constitutional rights. Thereof derives the legal duty of the state to refrain from validation or from encouraging public validation.

The Federal Law on Counselling Authorities on Sects Issues does not comply with this legal duty.

A denomination labelled Sect by this Authority would never get rid of this negative image, even if it would be proven not dangerous in appeal proceedings.

The Institute INFORM in London has the same problem, although they are using the term of ?new religious movement. Eileen Barker, founder, writes with regard to this: "There is ... one point that ought to be made right from the outset: the use of the term 'new religious movement' does not imply that a movement is good or bad, that it is true or false, or genuine or fraudulent. Many scholars working in the field prefer the term 'new religious movement' to 'cult' because, although 'cult' (like 'sect') is sometimes used in a purely technical sense, it has acquired negative connotations in every parlance. While it is certainly recognized that a number of the NRMs have given rise to legitimate concern, it is neither necessary nor helpful to start from the implicit premise that movements are always 'a bad thing' ".

The Enquete Commission So-called Sects and Psycho Groups of the German Government refuses the use of the term Sect because its negative connotation. This refusal is supported by the outcome of the Commissions work, that only a minor part of the groups until then bundled up as Sects were problematic. Therefore, a continued use of the term sect for all new and religious ideological communities would be negligent. It would be desirable especially for information booklets from the part of state authorities, so the Commission, that the term of sects be avoided.

In a constitutional appeal, the meditation associations of the so-called Shree Rajneesh-, Bhagwan- or Osho-Movement have reprimanded the state for attributing them ?sect, ?youth religion, ?youth sect, psycho sect in governmental information, thus disqualifying them and violating Art 4 Para 1 and 2 of the Fundamental Law in connection with freedom of religion. The Federal Constitutional Court decided that the use of these terms in the full variety of their meaning were not to be considered as violating the neutrality of the state dealing with religious groups.

3. Relevance of Private Business Activities by the State for Fundamental Rights

Although there is no special indication made, it may be anticipated that Upper Austria Province Government did financially support the CD-Rom in question initiated by legally recognized churches and religious communities.

It is nowadays undisputed that the state is bound to the Fundamental Rights when engaging in private business for handling tasks which are public tasks.

Conclusions: The Province of Upper Austria would have to secure the conformity to Fundamental Rights of the information on religious groups published by the subsidy receiver. This conformity to Fundamental Rights would include the obligation to objective and truthful information.

I would like to note that it could be a problem with regard to the states neutrality to assign a task of Information on religious and philosophical groups to a certain religious community. The neutrality imperative to a state would actually inhibit assigning this task to a certain religious community.

If information on religious and philosophical groups is considered a public task, then Linz Diocese would be bound to the Fundamental Rights Law in this information activity.

The German Federal Court has confirmed the official liability of recognized religious communities for culpable violation of duty by their employees working within the sphere of society. ( 839 BGB (Federal Law) iVm Art 34 GG)

4. Law on Procedure

4 Para 2 last sentence of the Federal Law concerning the Federal Authority on Sects Issues obliges the Authority to objective and truthful information. Unfortunately, the law does not offer any procedure rules for protecting the law, nor does it grant any rights for cooperation to the concerned groups with regard to documentation and information. Especially, the right to be heard. Legal protection rules would be needed. This lacking, it would be opportune to apply the fundamentals for legal state admin procedures stipulated in the AVG (General Admin Law) which includes the duty of investigating the facts and thus the duty to grant a hearing to the party concerned.

Relating legal state considerations and fundamental law relevant information activity by the state, the following rights may be derived: Concerned groups must be informed on their inclusion into pertaining documentation and information, they must be granted insight into their file, they must be allowed to comment the documentation or information and there has to be opened a kind of legal protection procedure for the case that the documentation or information be viewed adverse to fact by the concerned.

Such general legal principles have also been developed by the European Court. Especially the Charta of Fundamental Rights of the European Union, in Art 41 grants the right of good administration. This right includes in Para 2 the right of every person to be heard before any unfavourable measures be taken. The right of every person to look into his file.

From these explanations, it is derived that community laws, constitutional laws and single legal rules are violated when governmental documentation and information on religious and philosophical groups is published, especially as warnings, without granting to the concerned an opportunity to comment such planned documentation or information, and when these comments are disregarded without any grounds given.

I would like to note tat the CD Rom in question does, indeed, contain information on Bahai and Jehovas Witnesses which include their own self-descriptions.

Personally, I chose the information of three different Movements which, in the past, have been of certain interest to me (Bach-Blossoms, Astrological Psychology, Ayurvedic Medicine). I found that each one of them was described in a superficial, slightly malicious way, winding up in an overall negative verdict. This lacks seriousness. Thus is the context in which religious communities are positioned, and this is the problem.

B. Civil Law Aspects

• 1. Official Liability

Damages are compensated by money only. Execution of the law is within the responsibility of the state. Therefore, information by the government on dangers by sects come under the term of execution of the law. The warning published with the booklet Sects - Knowledge Protects You is part of the protection-from-danger concept of the state and the impact of the warning is attainted by its sovereign character. If all other elements of 1 AHG are given - harmful acts by an officer, given damage of assets or person, illegal conduit and culpable conduct, official liability may be claimed.

The activity of the Federal Authority on Sects Issues would come under the rules of official liability.

Compensation for damages only in money is a deficit in the legal protection in case of the state informing in a disqualifying and untrue way on religious and philosophic groups.

For the CD-Rom in question, 1 Para 1 AHG would apply to the part of information given by Upper Austria Province Government. It would apply to the part by Linz Diocese, too, because its executing an order from the part of the Government. Culpability would be given in case of poor investigation or disregarding any serious descriptions available.

An example for harming assets would be a religious community planning an event and booking a location for it to take place and the leasing contract be refused on the grounds of the negative rating from the part of the government. The expenditures would have to be considered a loss and the damage to be claimed.

• 2. Protection from Personal Insult and Dissemination of Untrue Facts ( 1330 ABGB C Work Law)

?1330 ABGB rules compensation for damage for Insult and Damage of Reputation. In such case, too, only monetary compensation is possible. Beyond that, the harmed party has the right for revocation of the untrue assertion and its publication.

Jehovas Witnesses did claim revocation, omission and verdict publishing for certain untrue facts asserted.

• 3. Compensation for immaterial damage resulting from violating private sphere.

1328 a of ABGB rules that such damage may be compensated by at least 1000 Euro. A Novel is to be effective in 2003.

C. Criminal Law Aspects

In connection with information on religious and philosophical groups are the limits to be considered which are set by the criminal law, i.e. 111 (Defamation of character), 188 (Degradation of religious teachings) and 297 (Slander).

D. Administrative Aspects with regard to the Organisation of so-called Counselling Authorities on Sects Issues

Aiming to inform on religious and philosophical groups, the state has to keep religious neutrality which means not to validate religious and philosophical communities.

If such information contains a warning which is not founded on a criminal verdict, it is problematic. If there are no precise and proof criteria for a danger, this leads inevitably to degradation, which is not in accord with the religious neutrality imperative to the state.

Independency is essential for the organisation of an information authority on religious and philosophic groups. Independency must even be given twofold: towards the state and towards the religious and philosophic groups.

This is not given, because the law on Counselling Authorities on Sects Issues does not grant freedom of directions, which would require a constitutional rule. Also, legal control of the Authority includes maintenance of correct task fulfilment. Decisions of the manager of the Authority can, for instance, be cancelled by the Federal Minister, if they are not in conformity to a correct task fulfilment.

The study of religious and philosophical groups from the part of the state, has to be objective and scientifically well-founded. Scientifically well-founded would require, amongst others, to include pertaining sciences focussing on religious and philosophical movements. The law on Counselling Authorities on Sects Issues, however, does not refer to consulting scientific expert competence. A scientific advisory council to the Authority on Sects would handle the problem.

Also the Parliamentary Assembly of the European Council, in its Recommendation 1412 of 22. of June 1999, states that information and documentation is necessary, but information authorities be independent from governments.

A good example is the Institute INFORM (Information Network Focus on Religious Movements) in London. It has been founded in 1988 by Eileen Barker, sociologist. It documents and informs on new religious movements. Since its information is objective, differentiated and up to date, it enjoys great reputation.

E. Final Note

The state and its authorities are not allowed to decide whether or not a religious movement be a bona fide religion.

In the name of public order, health and moral, the society must not be hindered in its development by constricting freedom of thought, conscience and religion. Additionally, it is the duty of the state and its authorities to protect and promote an undisturbed practice of Fundamental Rights.

The existing legal order in general is sufficient to pursue illegal and dubious acts under a religious cover. This opinion is shared by the Ministerial Committee of the Council of Europe.

A recent report by the Committee for Fundamental Rights and Internal Affairs on Sects within the European Union rejects a specific legislation against sects, since national laws offer sufficient legal grounds to handle illegal deeds by sects, while a lack of user protecting laws was noticed for the psycho-market.

Anti-sect warning campaign by a province government

Opinion of an expert

Dr Reinhard Kohlhofer

HRWF Int. (26.03.2003) Website http://www.hrwf.net - Email : info@hrwf.net - Under the title Opinion on the Question of Legal and Administrative Determinants of Governmental Information on Sects (1), Dr. Christian Brnner (2) has publicized his expertise on a CD-Rom published in 2002 by the Government of the Upper Austria Province in cooperation with Linz Diocese. This CD-Rom is intended to inform on sects and sect-like groups, and is particularly promoted for use in schools.

Proceeding from this specific publication, Prof. Brnner examines the constitutional limits of governmental information on sects by means of Austrian jurisdiction and literature along with recent jurisdiction by the German Federal Constitutional Court as well as the European Court of Human Rights in Strasbourg.

In agreement with jurisdiction, Prof. Brnner qualifies governmental information as exertion of sovereign power and, at the same time, locates considerable deficiency in legal protection in Austria. The Supreme Court does not want to make governmental institutions liable for such information in the same way as privates, but merely to a limited degree based on Official Liability Law. This fact - in context with the intolerable opinion that publicly discrediting religious communities in bulk would not affect individual freedom of religion - winds up in a broad legal defencelessness of religious minority members in Austria.

Apart from these grave violations of rights, Prof. Brnner convincingly expounds that governmental institutions, in their information activity, would have to apply the principles of a constitutional administrative procedure, including the duties of ascertaining the facts relevant to decisions and of granting a hearing to the parties concerned. If, during the elaboration of a governmental documentation and information on religious and philosophical groups, the concerned parties are not given any opportunity to at least comment the planned documentation, this is a violation of community, constitutional and also simple legal rules.

By the way, Prof. Brnner is of the same opinion as is the Minister Committee of the Council of Europe, that established law is sufficient to pursue illegal or dubious deeds in the name of religion. There is no need for any specific anti-sect-legislation just as little as involvement of governmental institutions - on top of that in cooperation with a religious community - in publishing undifferentiated diffuse warnings off and disparaging religious communities.

In summarizing, Prof. Brnner concludes that the CD-Rom of the Upper Austria Province Government does not comply with the constitutional rule of the states religious neutrality and repeatedly infringes gravely constitutionally protected values of many Austrian citizens who are members of religious minorities. The biased description in connection with the "sects consultant" of a church is viewed as disparagement of religious communities which do not correspond to mainstream religions or denominations and restricts, under the guise of controlling sects, the fundamental right to live one's own spirituality and religiousness alone or in community with others.

Vienna, 24. March, 2003.

(1) This 62-page document can be sent by email on request by HRWF Int.

(2) Professor at the University and Chairman of the Institutes for Austrian, European and Comparing Public Right, Politics and Admin theory of the Karl Franzens University Graz