Islamic religious classes in public schools
Statement presented by the German delegation to the International Consultative Conference on School Education in Relation to Freedom of Religion and Belief, Tolerance and Non-Discrimination (Madrid, 23-25 November 2001)
Excerpt
HRWF (27.11.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - In the 1960s, the Federal Republic of Germany has experienced the immigration of children and young people of different cultural origins and of Moslem belief. This migration has raised the specific question as to how these people can be educated and integrated in a country in which a different language is spoken and in which the Christian religion predominates.
The Lander in the Federal Republic of Germany have thus considered how to integrate foreign pupils without alienating these children and adolescents from their origins and have proceeded to put their findings into practice. These considerations have resulted in pupils being taught in their native language and they are also taught about the Islamic religion. For teaching pupils in their native language, some Lander decided to provide instruction under the jurisdiction of their own school administration. In other Lander, the supplementary teaching in the pupils native language is provided under the jurisdiction of the consular authorities of the countries of origin. In those Lander, in which instruction in the native language takes place under the jurisdiction of the school authority, for Turkish pupils, elements of Islamic religious instruction are incorporated into the teaching in their native language. In addition, Bavaria and North-Rhine Westphalia have introduced separate lessons for the religious instruction of Turkish people of Moslem faith. Until recently, this instruction was provided exclusively in Turkish. However, as part as a school trial, Islam is now also taught in German. The participating schools make regular reports to the school inspectorate with regard to their experiences with this school trial. The trial is intended to clarify the conditions under which Islamic instruction can be included as a separate subject in the timetable of further schools.
Islamic instruction represents a trial project for providing Moslem pupils with Land-supervised religious instruction that is in accord with the educational objectives of the respective Land constitutions, as well as for making a contribution to the harmonious co-existence of people of different religions in a state of equality and tolerance.
We ensure that religious instruction does not become political or religious indoctrination by placing the whole school system constitutionally under state supervision. From the German point of view, the promotion of religious tolerance and the fight against hatred and violence, including religiously motivated extremism, can be achieved by means of a variety of different measures. In this context, the Lander have made a whole raft of decisions and recommendations at the level of the Standing Conference of the Ministers of Education and Cultural Affairs. Besides the regular curricula, measures for the further training of teachers, etc., a series of projects serve this objective at Land level. In addition, government bodies work together on a cross-departmental basis and in various ways in order to fight intolerance and extremism, both at federal and at Land level as well as in collaboration with non-governmental organisations.
HRWF (10.10.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - In May 2001 it was reported that the Federal Minister of Interior, Otto Schily, proposed to remove the protection from dissolution granted to religious communities under German law and stated that he would be in negotiation with the two main churches (Catholic and Lutheran) about this.
On 5th September 2001 Mr. Schily announced that he intended to makes changes to the German Association Law of 1964 with the purpose of banning and dissolving religious associations that are incorporated as public associations (i.e. most minority religious or belief communities). He referred to "extremist Islamic groups" whose activities were directed against the Constitution or groups formed to commit criminal acts - though the amendments he proposed to the law would extend far beyond these targets.
After the terrorist acts in the US on 11th September 2001 this law proposal was included in an "anti-terrorist package". The "package" was passed by the Federal Ministers Council (Kabinett) on 19th September 2001 and sent to the Federal Council (Bundesrat - second chamber of the German legislative system) for comment. On 27th September 2001 the Bundesrat approved of the "package," including the change to the Association Law.
It has now been sent to the Federal Parliament for the first of three readings and will be first discussed on 11th October 2001. The passage through the Parliament could be very fast - even within one or two weeks.
The amendment to the law would allow government officials responsible for associations within the Ministry of Interior, at State or Federal level, to determine whether the purposes or activities of a group "are in violation of penal laws or directed against the constitutional order or the idea of international understanding (Voelkerverstaendigung, a concept that a
positive relation between countries and cultures should exist)" (Article 3, Section 1). Upon such determination a dissolution decree could be issued and put into effect without any further judicial procedure. Appeal is possible but would not suspend the dissolution of the group.
According to this amendment to the Association law the execution of such prohibition order would mean the following:
a) The prohibition covers the association and all connected organizations (para 3).
b) The confiscation and withdrawal of all assets of the association would be concurrent with the prohibition of the association (para 3,10, 11).
c) The prohibition would have immediate effect and could be executed upon signature and service of the decree (para 3).
d) The prohibition covers the dissolution of substitute organizations. (para 8).
e) All marks and signs of the association would be forbidden (para 9).
f) These measures remain in effect even in the case of a revocation or postponement of the decisions as these do not have any retroactive force (para 10).
g) Property of third persons (members as well as non-members) is also subjected to confiscation if seen to be related to the association's activity, e.g. private computers, files etc. (para 12).
h) The association is removed and struck off the list of registered associations (para 13).
i) Foreign associations can also be prohibited (para 14).
j) Those who maintain or support the banned organization of the religious community or of a substitute organization, or act contrary to an enforceable prohibition, or who spreads or uses marks or signs of the community could be punished with up to one year in jail or a fine.
Background
The original 1964 Association law was passed to regulate the rights of associations (eingetragene Vereine, e.V.) in order to execute the principle of Article 9 of the German Constitution (freedom of assembly). The law also includes the possibility to prohibit associations if "its purposes or its activities are in violation of penal laws or directed against
the constitutional order or the idea of international understanding (Voelkerverstaendigung,
the idea that a positive relation between the countries and cultures should exist)" (Article 3, Section 1).
However, the law excludes three categories of groups from dissolution:
1) political parties (per Article 21, Section 1, of the Constitution),
2) parliamentary factions
3) religious communities and associations founded for the cultivation of a worldview (Weltanschauung) (per Article 4 of the Constitution).
The exclusion of religious communities from this law was based on Article 4 of the German Constitution (Freedom of Religion and Belief). This Article explicitly grants the right to form groups or associations that cannot be prohibited by a law stemming from Article 9. However, in order to circumvent problems arising from religious groups that would be formed for political purposes - such as changing or undermining the German Constitution - such groups are considered as not being religious at the point they enter the political sphere and would become subject to different regulations applying to political groups or parties (which includes a separate banning procedure). This was the reasoning of the Federal Chancellor Ludwig Erhard, who in 1962 submitted the Association Law to the Federal Parliament.
This reasoning was proven to be valid in a judgment of the Federal Administration Court in 1971 which banned a philosophical group "Ludendorff-Gesellschaft" (or "Bund fuer Gotterkenntnis e.V.") after it established that the "Ludendorff-Gesellschaft" was actively taking actions that violated the constitution. This group actively promoted anti-Semitic
ideas according to which Jewish citizens should have less rights than others. This was found to be an activity against human dignity (Article 1 of the German Constitution) and therefore an action that undermined the Constitution. The judgment also established further guidelines to determine under which circumstances a religious group does actually violate the Constitution.
This means that since 1971 religious communities could be banned on the basis of activities they carried out. It is false to argue that this would not be possible without removing the Constitutional protection of religious practice. It was shown to be possible with the Ludendorff-Gesellschaft 30 years ago and it is still possible with any group whose activities are directed against the German Constitution or the penal code. This current legislation only has the purpose of increasing the scope of government interference in religious affairs.
According to Paragraph 129 of the existing penal code one can take effective legal proceedings against any association and its members on the grounds that there is the formation of a criminal association or the formation of a terrorist association. Criminal acts can be effectively stopped by the existing penal code application and police activities. Therefore no change of the Association law is necessary to stop criminal or terrorist associations.
The Actual Reason Behind the Law Proposal
The change in the Association Law was never with the idea to fight against "terrorism" or "extremist" groups. This idea actually came from recommendation Nr. 6.2.3.2 of the "Federal Parliament Enquete Commission on New Religious and Ideological Communities and Psychogroups" which published its concluding recommendations in May 1998.
This commission was well known to have consisted of long-term critics of new and minority religious movements. The recommendation of the change of Association Law came from the supposed "problem" that "religious and philosophical communities with unconstitutional content exist" (page 297 of the final report of the commission).
One could "prove" and "interpret" the Talmud, the Koran or the Bible as being anti-constitutional yet this law would allow any relevant state official to interpret (selected) religious beliefs in his own way.
Another consequence of this law would be to completely alter the rights and status accorded to religious or belief communities under the Constitution. Political parties are not subjected to the prohibition of an association except through penal proceedings. Associations of businessmen or employees are clearly favored by Art. 16. Yet dissolution would be valid immediately against a religious or belief community when it would only be valid against associations of businessmen or employees after legal process.
What would that change mean in "real terms"?
First of all it would mean that a state official who is responsible for the affairs of associations in any State Ministry of Interior could ban a group if he considers there to be "unconstitutional content" being taught or promoted by this group. The dissolution decree would be followed by an immediate seizure of all funds, books, computers, files, chairs etc. that belong to the association. After the issuance of a dissolution decree the association - the religious community - is practically dead. The ban includes a prohibition on exhibiting (religious) symbols and a prohibition on the group re-forming, even as a non-registered association or in private gatherings.
Board members of the disbanded group can challenge the decree before the Administrative Court. However, throughout the legal proceedings - and this can easily take several years - the disbanded group cannot practice its religion or belief. To do so would subject the participants to up to one year in jail or to payment of a fine.
The rights of freedom have been hard fought for. Even in the wake of severe terrorist assaults, citizens should never be deprived of fundamental rights - especially when the perverted reasoning is that the removal of a right is serving their protection.
Religious practices and negative freedom rules
Buttersworth Lexis (16.07.2001)/ HRWF International Secretariat (17.07.2001) - Website:http://www.hrwf.net - Email: info@hrwf.net - A German administrative appeal court has recently ruled against a Muslimfemale teacher suspended for wearing a headscarf in school. The teacher argued that the headscarf ban was a breach of her right to freedom of religious practice, but the courts followed the negative freedom logic in their judgments.
In the southern German state of Baden-Wuerttenburg, the states Administrative Court has controversially ruled (4 S 1439/00) on appeal against a Muslim female teacher suspended from service because she wanted to wear a headscarf while teaching.
The initial judgment, in the Stuttgart Administrative Court, also supported the states Minister for Education who argued that wearing a scarf breached public service neutrality requirements. The teacher argued before both courts that this breached her constitutional right to freedom of religious practice.
The German constitution guarantees freedom of religion but also the right not to be exposed to religious beliefs, so-called "negative freedom". A central issue in the judgment was the scarfs de facto proselytising function, especially in relation to the negative freedom principle and teachers role model status for children, who are, in relation to religious choice, the legal responsibility of their parents until age 14. The teacher argued rather that the scarf was only an aspect of her belief. A court in another - northern - German state has recently made an opposite ruling, making the issue a candidate for a German Constitutional Court (BVG) clarification ruling.
"The legal issue is the extent of religious clothing," says Hans-Wolfgang Arndt, the Dean of the Legal Studies Faculty at the University of Mannheim. "A court could not ban religious clothing and objects. This might only occur when, say, a teacher appears in full orange Baghwan habit or in some other way completely covered. I cant see any problems with a headscarf as long as the persons face is recognisable."
A constitutional ruling would be likely to favour the teachers case, Arndt believes, despite suggestions it would follow the negative freedom reasoning behind the 1995 BVG "crucifix judgment" (1 BvR 1087/91) banning these objects from Bavarian non-religious school classroom walls. Part of that judgment was "that crucifixes embodied suffering ", says Arndt.
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Church and cult incompatible
Frankfurter Rundschau (23.02.2001)/ HRWF International Secretariat (28.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Churches may dismiss without notice staff who publicly appear as members of a sect: in that type of case, continued employment was not reasonable because the church staff member would have violated the requirement for loyalty, the Federal Labor Court has ruled (Az.: 2 AZR 139/00).
In the actual case the Erfurt judge dismissed the complaint of the former director of an Evangelical kindergarten in Pforzheim who was a member of the the "Universal Church" (UC) for which she held seminars. When her employer heard about the seminars, the 36-year-old instructor was let go without notice with the reason that the teachings of the UC was not compatible with Christian fundamentals of faith. The woman argued that the UC was under the protection of Basic Law as a "congregation of belief" and that her UC membership had no effect on her work. The Federal Labor Court found that it was sufficient for the woman to have appeared publicly for the UC.
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New jurisdictions for the Scientology Task Force
www.cisar.org (11.01.2001)/ HRWF International Secretariat (24.01.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Today the Senate decided on a change in the responsibility concerning the child and youth assistance law from the Agency for Schools, Youth and Vocational Education to the Interior Agency. As a result the Interior Agency's Scientology Task Force (AGS) gets an assignment which is part of educational youth protection. It concerns the dangers which can arise for children and youth from new religious and ideological communities and psycho-groups.
As a result the AGS is the uppermost state youth agency in this field. The Senate transferred the corresponding missions to the Interior Agency because the AGS is already involved in separating certain groups from Scientology and other psycho-groups in terms of ideology, methods of operation and special risks, said Interior Senator Hartmuth Wrocklage on Tuesday. Special attention in this area will be given to occultism and so-called "Satanism." "It's clear in this area that many individuals and groups cannot be definitively categorized. Clear definitive terms are necessary. That also goes for increased explanation of who is dealing with whom in this area," said Wrocklage.
The transfer of mission to the Interior Agency will lead to the merger of responsibilities in connection with the dealings with so-called new religious and ideological communities and psycho-groups. By this merger, this important state mission will be better and more effectively fulfilled in the future.
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