Table of contents

Report on respect for human rights in the EU/ Resolution- (31.12.2002)

Draft report on respect for human rights in the EU- (14.11.2002)

Holy war looms over constitution wording - ( 7.11.2002)

Is Europe a Christian continent ? - (28.06.2002)

Catholics urged to offer contribution to European ConventionC (03.06.2002)

European Commission hoping for input from Russian OrthodoxC (02.06.2002)

Catholic bishops say EU Constitution should mention GodC (24.05.2002)

EU watchdog sees post-Sept 11 rise in IslamophobiaC (23.05.2002)

Report on respect for human rights in the EU

Political battle around the the European Parliament's Resolution on freedom of religion and belief

HRWF Int. (31.12.2002) - Website http://www.hrwf.net - Email info@hrwf.net- The European Parliament's resolution on freedom of religion and belief has provoked a 'confrontation' between the Rapporteur of the Report on respect for human rights in the EU (Ref. 2001/2014 INI), MEP Joke Swiebel (Dutch Socialist Party PvdA), and a number of MEPs who found it too sympathetic towards minority religions, labelled 'cults' or 'sects'. Amendments were introduced to call for intensified governmental scrutiny of "certain sects".

The initial resolution read as follows:

"The European Parliament

18. Calls on Finland and Greece to recognise the right of conscientious objectors to military service without restriction and without reference to any religious grounds, to introduce forms of alternative service which do not last longer than compulsory military service and to release immediately all those serving prison sentences in this connection;

19.Calls on Member States not to make any distinction between religions or between a religious and non-religious outlook on life when according State recognition and practical facilities, such as tax concessions;"

And here are the amendments that fully changed the philosophy of the initial resolution:


"Amendment 66 by Jos Ribeiro e Castro (Portuguese/ CDS-PP) and Francesco Fiori (Italian/ Forza Italia): Paragraph 19: Deleted

Amendment 71 by Thierry Cornillet (French/ UDF): New Paragraph 19
19. Calls for particular attention to be paid to the sometimes unlawful or criminal activities of certain sects which threaten physical or mental harm to individuals, and in particular for:

- the launching, by independent specialist human rights bodies, of information and awareness-raising activities, so as to enable everyone to decide to join or leave a religious or spiritual movement;

- the adaptation of judicial, fiscal and criminal law provisions which are adequate to counteract the unlawful activities of certain sects;

Justification

The treatment of non-denominational philosophies as religions for tax purposes is tantamount to facilitating tax exemption for certain sects. These sects must continue to be combated.

Amendment 73 Paragraph 19 b: New

19b. Considers that the freedom to no longer adhere to a religion or ideology and to leave the community concerned should also be one of the fundamental freedoms and that this right should be actively safeguarded by the government where necessary;

(Only the second part of the following amendment was adopted)

Amendment 74 by Martine Roure (French/ PS) : Paragraph 19 c: New

19c. Recommends that the Member States pay particular attention to the sometimes unlawful or criminal activities of certain sects which threaten physical or mental harm to individuals, in particular by:

-the launching, by independent specialist human rights bodies, of information and awareness-raising activities, so as to enable everyone to decide completely freely whether to join or leave a religious or spiritual movement;

-the adoption of judicial, fiscal and criminal law provisions which are adequate, while respecting the principles of the rule of law, to combat the illegal activities and breaches of individual rights committed by some sects, which should be refused the recognition as religious or spiritual organisations which brings them tax advantages and a degree of legal protection;

-

Women's Rights Committee amendment:

3. After paragraph 19, add the following new paragraph: 'Calls on the Member States to ensure that this freedom does not infringe the autonomy of women and the principle of equality between women and men and that it is exercised in accordance with the requirement of separating the Church from the State'.

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Draft report on respect for human rights in the EU

Report on the implementation of article 10 on freedom of thought, conscience and religion

HRWF Int. (14.11.2002) - Website http://www.hrwf.net - Email info@hrwf.net- Human Rights Without Frontiers Int. has managed to get a copy of the 70-page Provisional Report on respect for human rights in the EU (Ref. 2001/2014 INI) MEP Joke Swiebel (Dutch Socialist Party PvdA) has drafted on behalf of the Committee on Citizen's Freedoms and Rights, Justice and Home Affairs. We present you here the part of the report devoted to the freedom of thought, conscience and religion (pp 33-34.)

Since 1998 Greece has had a law on military service and conscientious objection on religious and ideological grounds. The alternative service of conscientious objectors is 36 months instead of the 11 months required for military service. This amounts to an unfair and punitive alternative to military service. The same problem arises in Finland where the alternative service lasts for 395 days as against 180 days' military service. In 2001 Amnesty International adopted 11 Finnish nationals who had been sentenced to a minimum of 77 and a maximum of 197 days' imprisonment, as prisoners of conscience (3).

In the following Member States certain religions and their followers are at an advantage compared to other religious groups owing to their historical links with the Sate: Denmark, Finland, Greece, Italy, Sweden and the United Kingdom. This carries a risk of potential discrimination between religions. The primary consideration should be the equal treatment of all religions without distinction. Participants at the seminar on Church-State relations organised by the Council of Europe Human Rights Commissioner on 10 and 11 December 2001 adopted a similar stance (4).

In some countries there is a greater or lesser degree of intolerance, rather than discrimination, against people who belong to:

non-recognised religious groups: Austria, Belgium, France, Germany and United Kingdom, or

recognised religions that have fewer members than traditional religions in the Member State such as Catholicism and Protestantism: Austria, Belgium, France, the Netherlands, Sweden and the United Kingdom, or

religions other than the "State religion": Finland, Greece and Italy.

There are many people who do not belong to any faith or who subscribe to non-religious philosophies such as secularism or the humanist movement. The right to freedom of thought, conscience and religion also embraces the right not to believe and those who exercise their right not to believe should not be discriminate against in the EU.

There have also been campaigns by government bodies against groups regarded as "sects", in particular in Austria, Belgium, Germany and Spain. In Portugal the Church of Scientology is recognised as a religion, whereas it is not recognised as such in virtually all the other Member States and some Members States, including Belgium, even regard it as a sect. A similar problem arises in relation to Jehovah's Witnesses. When governments conducted active and intensive information campaigns against sects, it has to be asked to what extent this is a breach of freedom of religion. Who or which body can determine that a religious group constitutes a sect? It is clear that there can be differences of opinion on this matter, as is apparent in the case of the Church of Scientology.

In France legislation, referred to as the About-Picard law, has been enacted which is damaging and discriminating towards religious groups that are regarded as sects, in particular in comparison with recognised religions. Fifty members of the Parliamentary Assembly of the Council of Europe expressed their concern about the potentially discriminatory nature of the new legislation and the possible violation of the international human rights standards in a written declaration of 26 April 2001 (1).

In April 2001 a law on religious freedom was adopted by the Portuguese Parliament giving recognised religions certain advantages. However, these advantages were granted only to the Catholic Church as they conditional upon the religious organisations having been established in the country for at least 30 years or having been internationally recognised for least 60 years. This suggests that it is difficult for new religious organisations to obtain the advantages concerned.

3) AI, Concerns 2002, p. 101.

(4) Comm DH (2001) 15, Conclusion of the Seminar concerning Church-State relations in the light of the exercise of the right to freedom of religion, Strasbourg, 10-11 December 2001. See:

http://www.commissioner.coe.int/docs/CommDH(2001)15_E.htm .

(1) Doc. 9064, written declation No. 321; Religious freedom and religious minorities in France, 26 April 2001.

See:

http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FW orkingDocs%2FDoc01%2FEDOC9064.htm

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Holy war looms over constitution wording



By Dana Spinant

European Voice (7.11.2002) / HRWF Int. (18.11.2002) - Website: http://www.hrwf.net - Email: info@hrwf.net -The debate on the future of Europe is heading for controversy over whether the future EU constitution should refer explicitly to the role of religion.

Pope John Paul II is pressing Valry Giscard d'Estaing, chairman of the Convention on Europe's future, to include text asserting the contribution made by Christianity to Europe's heritage.


Following a meeting at the Vatican with the former French president, the Pontiff warned that the EU risks "grave dangers" if it does not recognise the place of God.


Giscard, who went to Rome "with an open mind", an advisor said, pledged that the Convention would reflect on the Pope's concerns. "It is legitimate to think about these issues," a senior Convention official said, "but we will have to find a formulation which is not discriminatory. Therefore, the contribution of religion, and not of Christianity, should probably be mentioned," he added.


The Pope told Giscard that the "community of believers in European countries, where they are in the majority, [want to] see their identity and their specific contributions to the life of European societies respected as well as the statute whose benefits they have by virtue of national legislation".


John Paul II wants the constitution to refer to the status of the Church, with the aim of keeping the EU out of its organisation. The 1998 Amsterdam Treaty contained a declaration on the status of churches and non-confessional organisations, stipulating that "the European Union respects and does not prejudice the status under national law of churches and religious associations or communities in the member states".


A diplomat who negotiated the insertion of this text said the aim was to avoid the EU interfering with taxes set up by the Church in some countries, in particular Germany: "The Vatican is eager to ensure that at least this declaration will be maintained, if they cannot obtain more," the Convention official confirmed.

The Pope stepped up his demands to assert the role of religion in Europe in a welcome message to the new Belgian ambassador to Vatican, Benoit Cardon de Lichtbuer, who presented his credentials last week.

The Pontiff warned that "society exposes itself to grave dangers if it does not recognise God as the author of life, human dignity and human rights". He pointed out that building Europe requires leaders with "will and determination, with the desire to build the Union on common values, aware of the Christian roots of different people which are an inescapable reality of European history and culture" and "a common treasure".

The Commission of the Bishops' Conferences of the European Community (COMECE), one of the main Catholic lobby groups, had already called for the constitution's preamble to restate "what Europe owes to its religious heritage" in its submission to the Convention, so the Pope's latest remarks will come as no surprise. Nevertheless, his efforts to press the case for the role of religion to be recognised is bound to split Giscard's forum.

The question previously sparked controversy in 2000, when the Charter of Fundamental Rights was drafted; in the end, a direct reference to religion was avoided. The Pope certainly has allies in the Convention.

The European People's Party, the largest political family in power in Europe, is also urging a clear reference to religion in the constitution. The EPP spelt this out in its manifesto for the future of Europe, adopted at the party congress in Estoril on 18 October. Bishop Josef Homeyer, the president of COMECE, wrote to EPP President Wilfried Martens to welcome the party's proposals.


The document's opening paragraphs mention Europe's "spiritual and moral heritage" and urge that "the preamble of the constitution should refer to what Europe owes to its religious heritage". The text, which does not have the support of all within the EPP, was inserted at the last minute, following pressure from Silvio Berlusconi, the Italian prime minister.


In addition, a draft constitution put forward by Elmar Brok, chairman of the EPP members in the Convention, asserts that the Union shall respect the legal status of churches and religious bodies, and shall act with loyalty to them.


It also proposes a protocol on the "status of churches and non-confessional organisations". However, the Socialists, who account for roughly one third of Convention members, along with the Greens, are set to oppose such references. Anti-racism groups have reacted angrily to the Pope's call, describing his comments as "extremely worrying".


Mouloud Aounit, director of Mouvement Contre le Racisme et Pour l'Amiti entre les Peuples, said: "Since 11 September 2001 there has been a serious rise in Islamophobia in Europe and instead of trying to calm the problem, he is just making things worse. We should be trying to build a Europe based on universal values like human rights."

Convention members predict the issue will be divisive. However, at least one has pointed out "you would expect the Pope to call for religion to have its place in the constitution".

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Is Europe a Christian continent?

By William Kole


Associated Press (21.06.02)/ HRWF International Secretariat (28.06.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - Unquestionably, the region is steeped in Christianity from the faith's earliest days. The Apostle Paul brought the religion to Europe's shores around A.D. 50. Later, the continent became the center of Roman Catholicism and the birthplace of the Protestant Reformation.


But that was then and this is now. Today's Europe is a multiethnic melting pot of Chris tianity, Judaism, Islam, Buddhism, Hinduism and other faiths - making the question a ticklish one as churches lobby for a mention of the continent's Christian heritage in a key document on the future of the European Union.


The Convention on the Future of the European Union is being negotiated in Brussels, Belgium, and is scheduled for completion by 2004, in time for the EU to accept as many as 10 new nations, including a half-dozen from the formerly communist East bloc. Mostly Muslim Turkey is expected to join later.


The convention could become the groundwork for a constitution that would replace the EU's founding treaty, so some Christians see this moment as a rare opportunity to enshrine the continent's religious heritage in the document's preamble.


"It's not an attack on the separation of church and state," said Keith Jenkins, associate general secretary of the Brussels-based Conference of European Churches, which is leading the effort. "It's a recognition of history."


Civil libertarians contend it's simply inappropriate to highlight Christianity in a modern, pluralistic society that some theologians have described as "post-Christian," even though more than three in four Europeans still consider themselves Christian. Such concerns kept any mention of religion out of the EU Charter of Fundamental Rights drafted two years ago.


"The EU must resist pressure to include religion of any kind in its constitutional declarations," Keith Porteous Wood, executive director of Britain's National Secular Society, said in an interview.


"Europe embraces those of many faiths, and of no faith. Promoting any one faith as pre-eminent will inevitably lead sooner or later to resentment." Exactly what shape a recognition of Christianity would take still isn't clear, but Jenkins said, "No one is suggesting that the preamble to a European constitution should be turned into a theological treatise.


"What's most important is that there's a discussion about values - that we see Europe in terms of values, not just policies. Churches and religious communities have a role to play in contributing to the broader public debate."


Christians of multiple denominations have rallied behind the cause. The Conference of European Churches has a broad membership that includes many mainstream Protestant faiths and a number of national evangelical associations.


Pope John Paul II has joined the fray, too, during a visit late last month to Bulgaria. He called the message of Christianity "relevant even to those who, in the field of politics, are working to bring about European unification."


"In searching for its own identity, the continent cannot but return to its Christian roots," the pope said.


Back at the Vatican, John Paul pressed his case further, saying: "The Christian patrimony of civilization, which has contributed so greatly to the defense of the values of democracy, freedom and solidarity among the peoples of Europe, must neither vanish nor be disregarded."


Jenkins, who directs the conference's Church and Society Commission, concedes there's fierce opposition from political leaders in France, which is doggedly committed to church-state separation. Former French Prime Minister Lionel Jospin led his nation's effort to keep religious references out of the rights charter in 2000.


The concept also has been criticized in countries such as Sweden, where years of government support of the state church have soured some citizens on the idea of mixing religion with politics. The Swedes separated church and state just two years ago.


"But Europe's Christian heritage is a historical fact, and it's an important one," Jenkins said. "Peace, justice, reconciliation, solidarity, sustainability: These are values that are shared by many Europeans - values that are found at the heart of the Christian gospel."


Secularists and civil libertarians remain unconvinced. Many fear a reference to Christian heritage could become a pretext to an extension of church influence over EU policies.


"The only way to ensure that all of Europe's citizens feel equally valued is to leave religion out of its pronouncements and to secularize its structure and workings," Porteous Wood said.

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Catholics urged to offer contribution

to European Convention


Pope again pushing for the voice of Christianity in the Unions future


Zenit.org (03.06.2002)/HRWF International Secretariat (04.06.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - John Paul II urged Catholics to offer their contribution to the European Convention, the social-political forum that is outlining the constitutional and institutional future of the European Union.


The Pontiff made his appeal Saturday when he met with members of the Ecclesiastic Movement for Cultural Commitment (MEIC), whose origins go back to a 1932 initiative of members of Italian Catholic Action.


"Without ever reducing faith to culture, the Church makes an effort to give a cultural background to a life of faith, so that the latter will inspire the whole of private and public life, national and international reality," the Pope explained during the audience.


"In this regard, you know with what interest the Vatican follows the work of the European Convention," he added. "I myself have had the opportunity to express my disappointment over the omission of a reference to Christian and religious values in the writing of the Charter of Fundamental Rights [of the European Union]."


In writing this document, approved in 2000, a reference in the preamble to the "Christian roots of Europe" was eliminated because of pressures exerted by the French government.


Since Feb. 28, the European Convention, convoked by the European Council, has been examining questions posed by possibilities for reform, including entry to new member countries, and the way to guarantee democratic legitimacy.


The convention has invited representative organizations to participate in its June 24-25 session. Contributions to the discussion may be made through its Web page at european-convention.eu.int/default.asp?lang=EN.

"I very much hope that the Ecclesiastic Movement for Cultural Commitment will mobilize so that a religious component will not be ignored, which over the centuries has imbued the formation of European institutions," the Pontiff said.


"The Christian patrimony of civilization, which has contributed so much to the defense of the values of democracy, liberty, solidarity among the peoples of Europe, must not be lost or neglected," the Pope added.


The Holy Father encouraged MEIC to commit itself to ecumenical and interreligious dialogue, in keeping with the "Decalogue of Assisi" which he proposed Jan. 24 during the Day of Prayer for Peace.


"Although it is difficult to live together without political and economic peace, there can be no life worthy of man without religious and inner peace," John Paul II concluded.

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European Commission hoping for input from Russian Orthodox

Zenit.org (02.06.2002)/HRWF International Secretariat (04.06.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - The European Commission believes that the Russian Orthodox Church has the ability to offer a positive contribution to the building of a new Europe.


The affirmation is included in a letter sent by Romano Prodi, president of the European Commission, to Metropolitan Kirill Gundiaev of Smolensk and Kaliningrad, in charge of the Moscow Patriarchate's foreign affairs.


"The Russian Orthodox Church certainly has the title to contribute to the realization of the European Plan. This is attested by its history, Christian tradition and presence," Prodi stated. His response was published in the latest edition of the Italian magazine Il Regno.


Metropolitan Kirill offered the European Commission his contribution on questions related to constitutional and institutional reform, which began with the European Convention on Feb. 28.


"The Orthodox Church is ready to take part in the construction of an harmonious existence of the different religions of Europe," the metropolitan wrote in a letter.

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Catholic bishops say EU Constitution should mention God


Contribution of European Prelates to debate on Convention


Zenit.org (24.05.2002)/HRWF International Secretariat (27.05.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - European Catholic bishops have requested that the future European Constitution make reference to God.


The Secretariat of the Commission of the Bishops' Conferences of the European Community (COMECE) today submitted its initial contribution to the debate on the future of the European Union.


The secretariat presented a series of reflections and recommendations to the European Convention, an assembly of delegates from the European Parliament and national parliaments, as well as national governments and the European Commission.


"The establishment of the European Convention offers a unique opportunity for citizens and the variety of institutions, associations and communities in both the member and candidate states to be directly involved in the building of the future of Europe," the document states.


It says the success of the convention's proposals will be determined by "their capacity to enhance the European Union's contribution to peace and prosperity in Europe and fulfill its responsibility for promoting development, justice, and freedom elsewhere in the world."


The aim of the document is to help the European Union meet the needs of governance in the future. In particular, it recommends that an EU constitution should contain an invocation of God, with an inclusive reference to the Transcendent.


This would facilitate citizens' identification with the values of the European Union, acknowledge that public power is not absolute, and guarantee the freedom of the human person, the secretariat's document states.


It further urges that fundamental rights should be recognized, including religious freedom in its individual, collective and institutional dimensions. The pursuance of the common good should be integrated as a core principle and objective of the European Union, and the principle of subsidiarity should be recognized, the document says.


Moreover, the great religious, spiritual and intellectual movements and traditions should be recognized as a living heritage of Europe, it contends. Specifically, the contribution of churches and religious communities to society should be acknowledged, and the constitution should provide for a structured dialogue between European institutions and churches and religious communities, the secretariat recommends.

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EU watchdog sees post-Sept 11 rise in Islamophobia

by Marie-Louise Moller

Reuters (23.05.2002)/HRWF International Secretariat (24.05.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - People who "look Muslim," especially women in headscarves, have been the main victims of anti-Islamic sentiment in Europe since the September 11 attacks on the United States, a European racism body said Thursday. But in a study entitled "Islamophobia in the EU," it said the attacks on New York and Washington had served mainly to ignite prejudices which had smoldered for years.

"September 11 has in some cases merely acted as a detonator of feelings that we have failed to adequately address," Bob Purkiss, chairman of the European Monitoring Center on Racism and Xenophobia (EUMC), told a news conference.

"If it is right for Europe to give a lead where there is ethnic tension (elsewhere) in the world, then it is imperative that it puts its own house in order if it is to be listened to," he said, presenting the study.

After the hijack attacks, blamed on Islamic militant Osama bin Laden and his followers, the EUMC began monitoring anti-Islamic reactions in the EU's 15 member states as well as how national politicians responded to these outbursts.

The study covered the period from September to the end of 2001, well before the recent election gains by far-right anti-immigration parties in France and the Netherlands.

The EUMC said Denmark, Britain, the Netherlands and Sweden had all seen a rise in violent racially motivated attacks during the period under study, though most other countries registered only increased verbal abuse.

However, European politicians and community leaders had taken steps to bridge the gaps between Muslims and non-Muslims, mainly in the form of inter-faith meetings and campaigns for intercultural tolerance, it said.

Headscarves ripped off

In Austria, women with headscarves were "increasingly insulted" and in Denmark one woman wearing a headscarf was thrown out of a taxi for her "alleged responsibility for the attacks on the World Trade Center" in New York.

Several countries reported that Muslim women had had their headscarves, or hijabs, ripped off or had been spat at.

Male followers of the Sikh religion, who wear turbans, were mistakenly confused with Muslims and suffered attacks in several countries, including Germany, Ireland, Austria and Spain.

Another vulnerable group since September 11 has been asylum seekers. The EUMC called for better official treatment of these people, who it said were often "no more than political capital" in some member states.

The conflict in the Middle East has also provoked racist attacks in Europe against Jews and synagogues, prompting the EUMC to monitor this phenomenon closely too.

The EUMC urged EU member states to take responsibility for minorities living inside their borders and to address the problems of social marginalization and segregation.

"This needs clear leadership and counteractions which are explained to the population," Purkiss said, adding that European leaders needed to reinforce the message of accepting differences while rejecting terrorism.

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