Freedom of religion and religious minorities in France- (18.11.2002)

Religion and change in central and eastern Europe Recommendation 1556 - (2002)

Freedom of religion and religious minorities in France

Resolution 1309 (2002) [1]

1. On 30 May 2000 a private member's bill to counter more effectively and tighten legislation against sect-like groups was tabled in the French parliament. Act No 2001-504 to reinforce the prevention and suppression of sects which infringe human rights and fundamental freedoms became law on 12 June 2001.

2. The Assembly recalls its Recommendation 1412 (1999) on the illegal activities of sects, in which it concluded that it was unnecessary to define what constituted a sect, but that it was essential to ensure that the activities of groups, whatever religious, esoteric or spiritual description they adopted, were in keeping with the principles of democratic societies and, in particular, the provisions of Article 9 of the European Convention on Human Rights (ECHR).

3. In this text the Assembly also called on the governments of member states "to use the normal procedures of criminal and civil law against illegal practices carried out in the name of groups of a religious, esoteric or spiritual nature".

4. Although a member state is perfectly at liberty to take any measures it deems necessary to protect its public order, the authorised restrictions on the freedoms guaranteed by Articles 9 to 11 (freedom of thought, conscience and religion, freedom of expression and freedom of assembly and association) of the ECHR are subject to specific conditions.

5. The Assembly cannot but conclude that ultimately, should the case arise, it will be for the European Court of Human Rights, and it alone, to say whether or not the French law is compatible with the ECHR.

6. The Assembly invites the French government to reconsider this law and to clarify the definition of the terms "offence" and "offender".

[1] Text adopted by the Standing Committee, acting on behalf of the Assembly, on 18 November 2002. See Doc. 9612, report of the Committee on Legal Affairs and Human Rights (Rapporteur: Mr Ak?ali).

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Religion and change in Central and Eastern Europe

Recommendation 1556 (2002)[1]

Provisional edition

1. The Parliamentary Assembly of the Council of Europe has frequently had occasion to consider questions relating to the preservation and development of traditional religious cultures, and ways of creating the conditions needed for them to interact and develop successfully together. In Resolution 885 (1987) on the Jewish Contribution to European culture, Recommendation 1162 (1991) on the contribution of Islamic civilisation to European culture, and Recommendation 1291 (1996) on Yiddish culture, the Assembly expressed its sense of the need to safeguard and develop Europe's shared cultural heritage, in all its richness and diversity.

2. The Assembly has also persistently expressed its awareness of the need to ensure or restore harmonious relations between religious institutions and states. This is an essential part of securing such basic human rights as freedom of conscience and religion, religious tolerance and the protection of individuals and communities against all forms of religious persecution. These issues are specifically dealt with in Resolution 916 (1989) on redundant religious buildings, Recommendation 1202 (1993) on religious tolerance in a democratic society, Recommendation 1222 (1993) on the fight against racism, xenophobia and intolerance, Recommendation 1396 (1999) on religion and democracy, and Recommendation 1412 (1999) on the illegal activities of sects.

3. The collapse of communism has given religious institutions in central and eastern Europe an opportunity if not responsibility to renew their social potential and focus on their basic, historical tasks (e.g. the spiritual education of the individual, the ethical improvement of society, and charitable, cultural, educational and other projects).

4. More recently, socio-religious developments in the post-communist countries have been marked by the emergence of fundamentalist and extremist tendencies, active attempts to make religious slogans and religious organisations part of a process of military, political, and ethnic mobilisation in the service of militant nationalism and chauvinism, and the politicisation of religious life.

5. The emergence of independent states has encouraged certain national Orthodox churches to seek independence for themselves or transfer their allegiance - aspirations which are sometimes strongly resisted by the Orthodox centres to which they were previously subject. This has led to a worsening of relations between Churches and, in some cases, Governments. It is important to exclude all possibility of governmental interference in questions of dogma, church organisation and canon law.

6. The new religious freedom and the removal of barriers to the dissemination of ideas and beliefs, including religious beliefs, have forced the Churches of central and eastern Europe to face religious differences. Weakened in the past and never having functioned in a climate of political, cultural and religious pluralism, the traditional churches of the region now find themselves in conflict with newly- arrived foreign missionaries and new religious movements. So far, the problem remains unsolved of striking a balance between on the one hand the principles of democracy and human rights, of freedom of conscience and religion, and on the other the preservation of national cultural, ethnic and religious identity, .

7. The disappearance of the "Iron Curtain" has made the religious and cultural divide in Europe more apparent, and has even aggravated it. Europe's two Christian cultures - Western and Eastern C know very little of each other, and this ignorance is a very dangerous obstacle on the path to a united Europe. As Pope John Paul II has repeatedly said, Christian Europe must breathe with both its lungs, eastern and western. Similarly, adherents of the two Christian traditions show little interest in Jewish culture, such an integral part of the European heritage, or in Islamic culture, which is becoming increasingly a part of the European scene.

8. The Assembly accordingly recommends that the Committee of Ministers call on the governments of the member states, the European Union, and also the authorities and organisations concerned:

Legal guarantees and their observance

i. to promote conformity of national legislation with the European Convention for the Protection of Human Rights and Fundamental Freedoms, paying special attention to Article 9, which states that religious freedoms shall be subject only to limitations prescribed by law and necessary in a democratic society, and to the ruling of the European Court of Human Rights (1983) that restrictions on human rights must be motivated by a "pressing social need", and be "proportionate to the legitimate aim pursued";

ii. to guarantee all churches, religious associations, centres and communities the status of legal entities, if their activity does not violate human rights or international law and in particular to press the Government of the Republic of Moldova to register the Metropolitan Church of Bessarabia according to the decision of the European Court of Human Rights of 13 December 2001;

iii. to take effective action to guarantee the freedom of religious minorities, especially in central and eastern Europe, with special emphasis on protecting them against discrimination or persecution by religious majorities or other groups practising aggressive nationalism and chauvinism;

iv. to activate the normal procedures provided for in national law in all cases where religious freedoms are proved to be abused in a manner harmful to the community, or to the rights, freedoms and health of individuals;

v. to guarantee to religious institutions, the assets of which were nationalised in the past, restitution of such assets within a certain time or, in cases where this is impossible, fair compensation; due care must be taken to prevent privatisation of nationalised church property;

vi. to offer to mediate between conflicting parties, in cases where the latter accept this, for the purpose of settling disputes, while taking care to ensure that government bodies do not interfere in dogma or other internal religious matters;

vii. to ask the European Convention to include European religious traditions into the Preamble of the future European Constitution, as the foundation of human dignity and human rights and of the ethical roots of European identity;

Culture, education and exchange

viii. to devise communication strategies and to develop the necessary activities in the field of cultural exchange, making people in different countries mutually aware of their cultural achievements;

ix. to co-operate with the church authorities in identifying and sharing their responsibilities, such as in maintaining historic buildings and in religious education, and in promoting joint discussion of the major social, moral, ethical and cultural issues which modern societies face;

x. to include information on Europe's main religious cultures and practices in school curricula;

xi. to support the activities of non-governmental organisations working to strengthen mutual understanding between religious groups, and protect the religious cultural heritage;

xii. to take action to secure equal access to the media, education and culture for representatives of all religious traditions;

xiii. to encourage the setting-up of special centres to promote interconfessional relations, and also the exchange of exhibitions and fairs, centred on cultural heritage, masterpieces of religious art and books, and helping people to familiarise themselves with Europe's various religious cultures.

xiv. to promote exchange programmes to give students, research workers and artists a full picture of the ethical, moral and cultural values of Europe's religions.

xv. to encourage the development of cultural itineraries in Europe and linking Europe with neighbouring countries so as to reflect and develop past perspectives and new possibilities of cultural communication.

xvi. to provide public libraries with publications, which detail the cultural achievements and beliefs of the various religious traditions;

xvii. to promote scientific research aimed at uncovering the shared roots of Europe's various cultures and fostering a better understanding of the ways in which they interrelate and complement one another.

[1].Assembly debate on 24 April 2002 (13th Sitting) (see Doc. 9399, report of the Committee on Culture, Science and Education, rapporteur: Mr Baciu). Text adopted by the Assembly on 24 April 2002 (13th Sitting).

Honouring of obligations and commitments by the Russian Federation

Doc. 9396

26 March 2002

Report (Excerpts)

Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)

Rapporteurs: Mr David Atkinson, United Kingdom, European Democratic Group, and Mr Rudolf Bindig, Germany, Socialist Group

HRWF (14.05.2002) Email info@hrwf.net - Website http://www.hrwf.net - The co-rapporteurs stress that a number of areas should be areas of priority. The first one on the list is the full implementation of fundamental freedoms (freedom of expression, of the media, and of religion).

In the draft resolution, the Parliamentary Assembly

- strongly urges the State Duma to finally adopt a law on alternative military service as foreseen in Article 59 of the Russian Constitution;

- regrets the banning of the Salvation Army and Jehovah's Witnesses in Moscow, but welcomes the decision of the Russian authorities to ensure that the problem of local discrimination and harassment of these religious communities be brought to an end.

Under the heading "Freedom of religion and discrimination against churches and other religious organisations", the report notes:

"94. The Committee on Legal Affairs and Human Rights is presently preparing a report on the new Russian Law on religion. Pending its publication, the co-rapporteurs wish to make the following observations in respect of the implementation by Russia of its commitment to introduce a new law on freedom of religion.

95. The Russian Constitution safeguards freedom of conscience and of religion (article 28); the equality of religious associations before the law and the separation of church and state (article 14), and offers protection against discrimination based on religion (article 19). The law on freedom of religion of December 1990 has led to a considerable renewal of religious activities in Russia. According to religious organisations met in Moscow, this law has opened a new era, and led to a revitalisation of churches. It was replaced on 26 September 1997 by a new federal law on freedom of conscience and religious associations. This legislation has been criticised both at home and abroad on the grounds that it disregards the principle of equality of religions.

96. On 6 November 1997, Mr Atkinson and others presented a motion for a recommendation (Doc. 7957 which was referred to the Legal Affairs Committee by Reference 2238) in which they argued that this new legislation on freedom of conscience and religious associations contravened the European Convention on Human Rights, the Russian Constitution as well as the commitments entered into by Russia on accession. In February 2001, the Ombudsman on Human Rights, Oleg Mironov, also acknowledged that many articles of the 1997 law "On Freedom of Conscience and Religious Associations" do not meet Russia's international obligations on human rights. According to him, some of its clauses have led to discrimination against different religious faiths and should therefore be amended.

97. In its preamble the law recognises "the special role of Orthodoxy in the history of Russia and in the establishment and development of its spiritual and cultural life" and respects "Christianity, Islam, Buddhism, Judaism and other religions constituting an integral part of the historical heritage of the peoples of Russia". The law then goes on to draw a distinction between "religious organisations", according to whether or not they existed before 1982, and a third category, called "religious groups". Religious organisations that had existed for less than fifteen years, and religious groups have been subject to legal and tax disadvantages and their activities have been restricted.

98. According to the regulations by the Ministry of Justice, - responsible for the implementation of the law on freedom of conscience and religious associations -, religious organisations established before the law came into force (26 September 1997) had to re-register before 31 December 2000.

99. The registration process was finally completed on 1 January 2001 as the State Duma decided to extend the deadline twice. About 12 000 religious organisations and groups have been registered, and only 200 were refused their registration, most of them because they failed to produce a complete file. Many others have, for a variety of reasons, failed to register. The Minister of Justice, Mr Chaika strongly rejected allegations that the Orthodox Church had exerted pressure on the Ministry to prevent some religious organisations from obtaining their registration. Mr Chaika also indicated that experts of the Ministry had "closely examined" the status of the Salvation Army and the Jehovah's Witnesses, and had come to the conclusion that nothing prevented the latter's' registration at the federal level.

100. The Salvation Army, which feeds around 6,000 Russians every month in the winter, has had to waste tens of thousands of dollars in legal fights over registration, and the Catholic church (as well as the Jewish community) has had trouble getting visas for its foreign clergy. Some other religious organisations have also been prevented from being registered at the local level: the Adventist Church, the Pentecostal Church, the Baptists, the Evangelist Church and other churches in particular in Tatarstan, in the region of Rostov and in Vladimir oblast. These religious organisations also voiced complaints that they had serious difficulties to settle, to build or buy their places of worship, or to recover confiscated properties. Some among them C e.g. the True Orthodox Church, the Union of Evangelists Pentecotists C have claimed that they suffered from repeated harassment by the authorities.

101. Indeed, there have been cases where, even if a religious organisation had re-registered nationally, local authorities created obstacles. This has especially been the case with the Jehovah's Witnesses, whose Moscow congregation has long been the target of civil and criminal proceedings designed to prevent its activities[14].

102. The Jehovah's Witnesses were registered at federal level in 1999, and its 360 communities have also been registered throughout Russia. Nevertheless, the community in Moscow was forcedcompletely underground and prevented from possessing properties and places of worship. The Moscow civil trial against Jehovah's Witnesses (since 1995) has been considered by many as an important test case. The co-rapporteurs thought then that the Moscow case has come to an end with a judgment issued on 23 February 2001, dismissing the charges against Jehovah's Witnesses. However, on 30 May 2001, the Moscow City Court set aside this ruling and ordered the Golovinsky District Court to hear the case once again. The retrial started on 30 October 2001. Until a definitive ruling is reached, Jehovah's Witnesses in Moscow will be without registration and unable to profess their faith without hindrance. The co-rapporteurs regard the length of the judicial examination in this case as an example of harassment against a religious minority and believe that after six years of criminal and legal proceedings the trial should finally be halted.

103. Although on 22 February 2001, the Russian Justice Ministry finally reregistered the Salvation Army in Russia, at federal level, registration had been constantly denied to the Moscow chapter of this religious organisation by the Chief Directorate of the Ministry of Justice in Moscow, and appeals to the various courts in Moscow failed. Moreover, in April 2001, liquidation procedures were put in place to close down Salvation Army Corps and social programs within Moscow, and on 11 September 2001 theTagansk intermunicipal court ruled that the Moscow chapter was subject to liquidation on the basis of article 27 of the 1997 federal law. (It provides for the liquidation of the legal entity that did not reregister by the 31 December 2000 deadline.)

104. The co-rapporteurs are very surprised and puzzled by the decision to ban the operations of the Salvation Army in Moscow, and they would highly appreciate the clarification of this matter by the Russian authorities. In this respect, they refer to the Monitoring Committee's call on Russia of 6 September 2001 to ensure that the Salvation Army enjoys the same rights as it has in other member states of the Council of Europe, including the right to be registered in Moscow. During their fact-finding visit in November 2001, the co-rapporteurs used every opportunity to stress the need for a solution, and the potential embarrassment this problem may cause for Russia.

105. Another problem represents the fact that 30 out of 89 federal subjects have adopted laws on the freedom of conscience the provisions of which often are in total contradiction with the federal law on religion. The Ministry of Justice has checked these laws and obtained for some of them their withdrawal or abolition. But in some regions, such laws remain valid, in particular in Tatarstan.

106. The co-rapporteurs fully support the view of representatives of churches and religious organisations they have met in Moscow who had called for a complete separation of churches from the State, and had hoped that the different religions and religious organisations would be treated by Russian authorities without discrimination.

107. Anti-Semitism is still widespread among Russian society, although it seems that it is no longer a leitmotiv in political speeches. Yet, incidents and provocations still occur. The leadership of the Russian Jewish Congress noted that while the level of anti-Semitism in Russia compares with that in advanced democracies, the percent of Russians prepared to combat manifestations of anti-Semitism is far lower than in those states. In Western Europe, more than 50 percent of the population will speak out against anti-Semitism, the Jewish congress said, while in Russia, the percentage of people willing to do so does not exceed 10-11 percent.

108. The Gusinsky case has also had several repercussions on the Jewish community, owing to the fact that Mr Gusinsky was until recently the Head of the Russian Jewish Congress. The Jewish community is divided in two throughout the country, each one being headed by a Chief Rabbi. The co-rapporteurs heard complaints that Russian authorities had interfered in the functioning of the Jewish community by privileging relations with the representatives of one community, and recognising one Chief Rabbi C Rabbi Lazar C as the only Chief Rabbi of Russia. Such preferences have important consequences as regards the restitution of synagogues and other Jewish properties."

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