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German court rules that dismissal of Turkish saleswoman for wearing headscarf was illegal
AP (10.10.2002)/ HRWF Int. (17.10.2002) - Website http://www.hrwf.net - Email info@hrwf.net- A Turkish woman who insisted on wearing a traditional Muslim headscarf at work can return to the department store that fired her after Germany's federal labor court ruled Thursday she had been dismissed illegally.
The ruling that the store had a duty to respect the religious freedoms of Fadime Coral, 32, was welcomed by Germany's Central Council of Muslims as increasing job security for Muslim women.
"The headscarf has long belonged to everyday life in Germany," said chairman Nadeem Elyas.
Store manager Andrea Marburger said the verdict was "incomprehensible," noting that two lower courts had thrown out Coral's case.
"If I allow one employee to wear a headscarf, then maybe all the others will too," she said in a telephone interview.
Coral took her case to the Federal Labor Court after the two lower courts rejected her complaint about her October 1999 firing by Langer Einkaufsland, a family-owned store with some 60 employees in the small town of Schluechtern, east of Frankfurt in western Germany.
Coral, who started work for the store as a trainee in 1989, told her employer before returning from maternity leave that her religious convictions had strengthened and that her beliefs prevented her from appearing in public without a headscarf. "They told me I should come by the next day and collect my dismissal," Coral told n-tv television.
Marburger defended the store's decision. "Our reasons have nothing to do with hostility to foreigners it was entirely about how I present our company," she said.
Still, the court argued in its ruling that Coral's refusal to work without a headscarf didn't justify her dismissal, adding that the right to religious freedom outweighs a business's freedom of operation. It found no evidence that an employee with a headscarf would cause negative reactions among customers or have any economic effect.
It was not immediately clear whether Coral would take her job back or seek compensation from the store, and her attorney could not be reached for comment.
Thursday's ruling contrasted with a ruling earlier this year by another federal court that Muslim teachers cannot wear headscarves in class, on the grounds that students' and parents' right to neutrality in schools overrides individual religious freedom.
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International Religious Freedom Report 2002
U.S. State Department (07.10.2002) - The Basic Law (Constitution) provides for religious freedom and the Government generally respects this right in practice; however, there is some discrimination against minority religions.
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 Government does not recognize Scientology as a religion and views it as an economic enterprise, and Scientologists continued to report discrimination based on their beliefs. Federal and state classification of Scientology as a potential threat to democratic order has led to occasional attempts to exclude individuals practicing Scientology from government employment and from some sectors of business.
The generally amicable relationship among religions in society contributed to religious freedom. However, following a rise in the incidence of anti-Semitic crimes and an increase in public criticism of the Israeli Government's actions in the Middle East, Jewish community leaders expressed disappointment in some of the country's political leaders for not speaking out more forcefully against anti-Semitism.
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 137,821 square miles, and its population is approximately 82 million. There are no official statistics on religions; however, unofficial estimates and figures provided by the organizations themselves give an approximate breakdown of the membership of the country's denominations. The Evangelical Church, which includes the Lutheran, Uniate, and Reformed Protestant Churches, has 27 million members, who constitute 33 percent of the population. Statistical offices in the Evangelical Church estimate that 1.1 million church members (or 4 percent) attend weekly religious services. The Catholic Church has a membership of 27.2 million, or 33.4 percent of the population. According to the Church's statistics, 4.8 million Catholics (or 17.5 percent) actively participate in weekly services. According to government estimates, there are approximately 2.8 to 3.2 million Muslims living in the country (approximately 3.4 percent to 3.9 percent of the population.) Statistics on mosque attendance were not available.
Orthodox churches have approximately 1.1 million members, or 1.3 percent of the population. The Greek Orthodox Church is the largest, with approximately 450,000 members; the Romanian Orthodox Church has 300,000 members; and the Serbian Orthodox Church has 200,000 members. The Russian Orthodox Church, Moscow Patriarchate has 50,000 members, while the Russian Orthodox Church Abroad has approximately 28,000 members. The Syrian Orthodox Church has 37,000 members, and the Armenian Apostolic Orthodox Church has an estimated 35,000 members.
Other Christian churches have approximately 1 million members, or 1.2 percent of the population. These include Adventists with 35,000 members, the Apostolate of Jesus Christ with 18,000 members, the Apostolate of Judah with 2,800 members, the Apostolic Community with 8,000 members, Baptists with 87,000 members, the Christian Congregation with 12,000 members, the Church of Jesus Christ of Latter-Day Saints (Mormons) with 39,000, the Evangelical Brotherhood with 7,200 members, Jehovah's Witnesses with 165,000 members, Mennonites with 6,500 members, Methodists with 66,000 members, the New Apostolic Church with 430,000 members, Old Catholics with 25,000 members, the Salvation Army with 2,000 members, Seventh-Day Adventists with 53,000 members, the Union of Free Evangelical churches with 30,500 members, the Union of Free Pentecostal Communities with 16,000 members, the Temple Society with 250 members, and the Quakers with 335 members.
Jewish congregations have approximately 87,500 members and make up 0.l percent of the population. According to press reports, the country's Jewish population is growing rapidly, and more than 100,000 Jews from the former Soviet Union have come to the country since 1990. The vast majority of newly arrived Jews come from countries of the former Soviet Union. Not all new arrivals join congregations, hence the discrepancy between population numbers and the number of congregation members.
The Unification Church has approximately 850 members; the Church of Scientology has 8,000 members; the Hare Krishna society has 5,000 members; the Johannish Church has 3,500 members; the International Grail Movement has 2,300 members; Ananda Marga has 3,000 members; and Sri Chinmoy has 300 members.
Approximately 21.8 million persons, or 26.6 percent of the population, either have no religious affiliation or belong to unrecorded religious organizations.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Basic Law (Constitution) provides for freedom of religion, and the Government generally respects this right in practice.
Church and State are separate, although historically a special partnership exists between the State and those religious communities that have the status of a "corporation under public law." If they fulfill certain requirements, including assurance of permanence, size of the organization, and no indication that the organization is not loyal to the State, organizations may request that they be granted "public law corporation" status, which, among other things, entitles them to levy taxes on their members that the State collects for them. Organizations pay a fee to the Government for this service, and all public law corporations do not avail themselves of this privilege. The decision to grant public law corporation status is made at the state level. In 2000 the Federal Constitutional Court passed a groundbreaking ruling in which it found the condition of "loyalty to the state" to be a violation of the constitutionally mandated separation of church and state. Therefore, this condition is inadmissible in the catalog of conditions imposed on religious organizations. Many religions and denominations have been granted public law corporation status. Among them are the Lutheran and Catholic Churches and Judaism, as well as the Mormons, Seventh-Day Adventists, Mennonites, Baptists, Methodists, Christian Scientists, and the Salvation Army.
The right of Muslims to slaughter animals ritually without the stunning required by the animal protection law was the subject of a court case that concluded in January 2002. In November 2000, the Federal Administrative Court ruled that the Islamic Community of Hessen was not a "religious community" as defined in the animal protection law, which allows religious communities to apply for waivers of animal slaughtering regulations. As a result, Muslims could not apply for a waiver; however, the Jewish Community was granted a waiver shortly after the animal protection law first went into effect in order to slaughter animals by kosher procedures. The Muslim Community appealed the ruling, and in January 2002, the Federal Constitutional Court ruled that Muslim butchers could apply for waivers.
State subsidies also are provided to some religious organizations for historical and cultural reasons. Some Jewish synagogues have been built with state financial assistance because of the State's role in the destruction of synagogues in 1938 and throughout the Nazi period. Repairs to and restoration of some Christian churches and monasteries are undertaken with state financial support because of the expropriation by the State of church lands in 1803 during the Napoleonic period. Having taken from the churches the means by which they earned money to repair their buildings, the State recognized an obligation to cover the cost of those repairs. Subsidies are paid out only to those buildings affected by the 1803 Napoleonic reforms. Newer buildings do not receive subsidies for upkeep. State governments also subsidize various institutions affiliated with public law corporations, such as church-run schools and hospitals.
Religious organizations do not need to register. Most religious organizations are registered and treated as nonprofit associations and therefore enjoy tax-exempt status. State level authorities review these submissions and routinely grant this status. Organizations must register at a local or municipal court and provide evidence (through their own statutes) that they are a religion and thus contribute socially, spiritually, or materially to society. Local tax offices occasionally conduct reviews of tax-exempt status.
In principle the Central Council of Jews represents the majority of Jewish congregations in the country. However, since the founding of the first liberal congregations in the country in 1997, there were 11 liberal/reform congregations that are represented by the Union of Progressive Jews in Germany, Austria, and Switzerland (UPJGAS), which is not represented on the Central Council, at the end of the period covered by this report. The UPJGAS was seeking to establish a dialog with the Central Council and the Government in order to secure access to federal and state funds allocated for the purpose of development, support, and stability of all German Jewish congregations. Such funds are managed through contracts between the 16 states and the state-level Jewish umbrella organizations, which constitute the Central Council.
Most public schools offer religious instruction in cooperation with the Protestant and Catholic churches and offer instruction in Judaism if enough students express interest. A nonreligious ethics course or study hall generally is available for students not wishing to participate in religious instruction. The issue of Islamic education in public schools is becoming topical in several states. In 2000 the Federal Administrative Court upheld previous court rulings that the Islamic Federation qualified as a religious community and as a result must be given the opportunity to provide religious instruction in Berlin schools. The decision drew criticism from the many Islamic organizations that were not represented by the Islamic Federation, and the Berlin State Government expressed its concerns about the Islamic Federation's alleged links to Milli Gorus, a Turkish group classified as extremist by the Federal Office for the Protection of the Constitution (OPC). However, after another court decision in favor of the Islamic Federation in August 2001, Berlin school authorities decided to allow the Islamic Federation to begin teaching Islamic religious classes in several Berlin schools starting in September 2001. In 2000 Bavaria announced that it would offer German-language Islamic education in its public schools starting in 2003.
The right to provide religious chaplaincies in the military, in hospitals, and in prisons is not dependent on the public law corporation status of a religious community. The Ministry of Defense was looking into the possibility of Islamic clergymen providing religious services in the military, although none of the many Islamic communities has the status of a corporation under public law.
Restrictions on Religious Freedom
In 1997 the Federal Administrative Court in Berlin upheld a Berlin State Government's decision to deny Jehovah's Witnesses public law corporation status. The Court concluded that the group did not offer the "indispensable loyalty" towards the democratic state "essential for lasting cooperation" because it forbade its members from participating in public elections. The group does enjoy the basic tax-exempt status afforded to most religious organizations. In 2000 members of Jehovah's Witnesses appealed, and the Constitutional Court found in their favor, remanding the case back to the Federal Administrative Court in Berlin. For the first time, the Constitutional Court had examined the conditions for granting the status of a public law corporation and found that for reasons of the separation of church and state, "loyalty to the state" cannot be a condition imposed on religious communities. The Constitutional Court tempered the victory for Jehovah's Witnesses by instructing the Berlin Administrative Court to examine whether Jehovah Witnesses use coercive methods to prevent their members from leaving the congregation and whether their child-rearing practices conform to the countryճ human rights standards. In May 2001, the Federal Administrative Court referred the case back down to the Higher Administrative Court in Berlin to address the open questions.
Several states have published pamphlets detailing the ideology and practices of nonmainstream religions. States defend the practice by noting their responsibility to respond to citizens' requests for information about these groups. While many of the pamphlets are factual and relatively unbiased, others may harm the reputations of some groups through innuendo and inclusion in a report covering known dangerous cults or movements. Scientology is the focus of many such pamphlets, some of which warn of alleged dangers posed by Scientology to the political order and free market economic system, and to the mental and financial well-being of individuals. For example, the Hamburg OPC published "The Intelligence Service of the Scientology Organization," which outlines its claim that Scientology tried to infiltrate governments, offices, and companies, and that the church spies on its opponents, defames them, and "destroys" them. In 1998 the Federal OPC concluded that although there was no imminent danger of infiltration by Scientology into high levels of the political or economic power structures, there were indications of tendencies within Scientology, supported by its ideology and programmatic goals, which could be seen as directed against the country's free and democratic order and that the public should be informed of these dangers.
The Church of Scientology, which operates 18 churches and missions, remained under scrutiny by both federal and state officials, who contend that its ideology is opposed to democracy. Since 1997 Scientology has been under observation by the Federal and State OPC's. In observing an organization, OPC officials seek to collect information, mostly from written materials and firsthand accounts, to assess whether a "threat" exists. More intrusive methods would be subject to legal checks and would require evidence of involvement in treasonous or terrorist activity. Federal OPC authorities stated that no requests had been made to employ more intrusive methods, nor were any such requests envisioned. One state, Schleswig-Holstein, does not implement observation; state officials have concluded that Scientology does not have an actively aggressive attitude towards the Constitution--the condition required by the stateճ law to permit the OPC observation.
In December 2001, the Berlin Regional Administrative Court held that the Berlin OPC could not employ undercover agents to continue the observation of Scientologyճ activities in the state of Berlin. The Court concluded that after 4 years of observation, the Berlin OPC had failed to uncover information that would justify the continued use of intrusive methods. However, the observation of Scientology activities through other means (e.g., open sources or electronic surveillance) was not affected by the ruling, which applies only to the city-state of Berlin. Observation is not an investigation into criminal wrongdoing, and, no criminal charges had been brought against the Church of Scientology by the Government at the end of the period covered by this report.
The Federal OPC's annual reports for 2000 and 2001 concluded that the original reasons for initiating observation of Scientology in 1997 still were valid. As in earlier reports, the OPC based its analysis and conclusions on the writings of Scientology founder L. Ron Hubbard and on Scientology books and pamphlets. The reports noted first that the ideas contained in Hubbard's writings are for Scientology practitioners "binding and unalterable." The reports claim that Scientology poses a threat to democratic constitutional order because it advocates replacement of parliamentary democracies by an undemocratic system of government based on principles of Scientology; it advocates a diminution of basic rights of the person for persons not judged "worthy" by Scientology's criteria; it employs an intelligence service that is not supposed to be constrained by existing laws; and it has the long-term goal of replacing the existing political system through the expansion of Scientology.
Government authorities contend that Scientology is not a religion but an economic enterprise and therefore sometimes have sought to deregister Scientology organizations previously registered as nonprofit associations and require them to register as commercial enterprises. With the exception of Dianetik e.V., a Scientology-related organization in Baden-Wuerttemberg, no Scientology organization has tax-exempt status. Authorities in the state government have attempted to have the tax-exempt status of Dianetik e.V. revoked; however, in January 2002, the State Administrative Court ruled that the organization may retain its tax-exempt status. State officials may appeal the verdict.
Until March 2001, the Government required firms to sign a declaration (a "sect filter") in bidding on government contracts stating that neither the firm's management nor employees were Scientologists. The term "sect filter" is misleading because the declarations are Scientology-specific and in practice do not refer to any other group; they more accurately could be described as "Scientology filters." Firms that failed to submit a sect filter declaration were presumed "unreliable" and excluded from consideration. In response to concerns expressed by foreign governments and multinational firms unable to determine the religious affiliation of all their employees, the Economics Ministry limited the scope of the sect filter to consulting and training contracts in 2000. In March 2001, the Economics Ministry persuaded the federal and state interior ministries to accept new wording that would only prohibit use of the "technology of L. Ron Hubbard" in executing government contracts. Firms owned or managed by or employing Scientologists could bid on these contracts.
Scientologists continued to report discrimination because of their beliefs. A number of state and local offices share information on individuals known to be Scientologists. In addition, to "sect filters" that some local and state government offices and businesses (including major international corporations) and other organizations require job applicants and bidders on contracts to sign, some state governments also screen companies bidding on contracts relating to training and the handling and processing of personal data. The private sector on occasion has required foreign firms that wish to do business in the country to declare any affiliation that they or their employees may have with Scientology. Private sector firms that screen for Scientology affiliations frequently cited OPC observation of Scientology as a justification for discrimination. The Federal Property Office has barred the sale of some real estate to Scientologists, noting that the federal Finance Ministry has urged that such sales be avoided, if possible.
Scientologists reported employment difficulties, and, in the state of Bavaria, applicants for state civil service positions must complete questionnaires detailing any relationship they may have with Scientology. Bavaria identified some state employees as Scientologists and has required them to complete the questionnaire. The questionnaire specifically states that the failure to complete the form will result in the employment application not being considered. Some of these employees have refused, and two filed suit in the local administrative court. In November 2002, both cases were decided in favor of the employees. Others refused to complete the questionnaire and chose to wait for rulings in the two cases. The Bavarian Interior Ministry commented that these were individual decisions, but withdrew the questionnaire for persons already employed with the State of Bavaria or the City of Munich; however, the questionnaire still was in use for persons seeking new state or municipal government employment. In one case, a person was not given civil service but only employee status (a distinction that involves important differences in levels of benefits); in another case, a person quit Scientology in order not to jeopardize his career. According to Bavarian and federal officials, no one in Bavaria lost a job or was denied employment solely because of association with Scientology; Scientology officials confirmed this fact.
In a well-publicized court case in 1999, a higher social court in Rheinland-Pfalz ruled that a Scientologist was allowed to run her au pair agency, for which the state labor ministry had refused to renew her license in 1994, solely based on her Scientology membership. The judge ruled that the question of a person's reliability hinges on the person herself and not on her membership in the Church of Scientology. However, the State Labor Office appealed the decision, and the National Social Court in Kassel overturned it. In September 2001, responding to an appeal by the Scientologist, the State Social Court upheld the Kassel court's finding, ruled out further appeals, and barred the woman from running the au pair agency.
In 2002 the Baden-Wuerttemberg Administrative Court ruled that members of the Scientology Organization are not permitted to sell books and brochures in pedestrian zones in the cities of Stuttgart and Freiburg. The court noted that such activity required a permit for which the Scientology Organization never applied. The Scientology Organization argued that this restriction violated the basic right of religious freedom, but this argument was rejected by the court.
The interministerial group of midlevel federal and state officials that exchanges information on Scientology-related issues continued its periodic meetings. The group published no report or policy compendium during the period covered by this report and remained purely consultative in purpose.
In June 2001, the Baden-Wuerttemburg State Administrative Court upheld a 1998 ban on Muslim teachers wearing headscarves in the classroom. An appeal was pending at the end of the period covered by this report. The Administrative Court in Lueneburg, Lower Saxony, found that school authorities have to admit the teacher into probationary civil service status, and that wearing a headscarf does not constitute cause for denial of employment. An administrative court in Hamburg had come to a similar finding in 1999. The woman appealed the ruling, and in June 2001, the State Administrative Court dismissed her appeal. It is not clear yet whether she plans to appeal the verdict at the federal level.
In March 2002, the DeMoss Fondation used celebrities to advertise an Evangelical Christian textbook, "Power for Living," which generated approximately 50,000 requests for the free publication. The Government banned the organization's television and radio broadcasts, as well as billboards, based upon its prohibition of broadcast advertising for religious, political, or ideological causes.
Difficulties sometimes arise between churches and state over tax matters and zoning approval for building places of worship.
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
The country increasingly is becoming secular. Regular attendance at religious services is decreasing. After more than 4 decades of Communist rule, the eastern part of the country had become far more secular than the western part. Church representatives note that only 5 to 10 percent of eastern inhabitants belong to a religious organization.
Relations between the various religious communities are generally amicable. However, following a rise in the incidence of anti-Semitic crimes and an increase in public criticism of the Israeli Government's actions in the Middle East, Jewish community leaders expressed disappointment in the leaders of other religious communities, as well as in some local and national politicians, for not speaking out more forcefully against anti-Semitism. In addition, several Jewish groups accused the print media of pro-Palestinian bias in their reporting of the situation in the Middle East, and expressed concern that this alleged bias could increase anti-Semitic attitudes. In October 2001, the management of a commercial racing track in Oschersleben informed the foreign subsidiary of the California Superbike School--a private firm--that it could not rent the track to conduct a training session; they stated that the denial was based on the grounds that the founder of the School was a Scientologist, and that Scientology was under OPC observation.
With an estimated 4 million adherents, Islam is the 3rd most commonly practiced religion in the country (after Catholicism and Lutheranism). All branches of Islam are represented, with the vast majority of Muslims coming from a large number of other countries. At times this led to societal discord, such as local resistance to the construction of mosques or disagreements over whether Muslims may use loudspeakers in residential neighborhoods to call the faithful to prayer. There also remain areas where the law conflicts with Islamic practices or raises religious freedom issues. In 2000 the Government published a comprehensive report on "Islam in Germany" that examined these issues in response to an inquiry from Parliament. In June 2002, the Federal Interior Ministry organized the "Forum Islam" in Frankfurt in order to foster dialog among Muslim communities and between these communities and the federal Government.
In the past, opposition to the construction of mosques was reported in various communities around the country. There was no further discussion of the dispute in Heslach regarding the construction of a mosque.
There also was a case of a planned mosque in the Frankfurt suburb of Roedelheim. Neighbors expressed concerns about an increase in traffic if visitors come to attend services at the mosque. There were newspaper reports of open opposition to the project voiced at citizen meetings with the city administration. Leading city officials seem to support the construction of the mosque, but the case was pending at the end of the period covered by this report.
In October 2001, two young men of Arab origin were convicted of aggravated arson in association with an attack on a synagogue in D?seldorf that month, which caused slight damage to the building. Police found Nazi symbols and related items in the suspects' homes. The synagogue remained under around-the-clock police protection since the incident at the end of the period covered by this report.
In July 2000, an explosive device was detonated at a D?seldorf train station, injuring 10 persons, most of whom were Jewish refugees from the former Soviet Union. Despite intensive police investigation, the case, which authorities considered a possible hate crime, had not been solved by the end of the period covered by this report.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom with the Government in the context of its overall dialog and policy of promoting human rights.
In response to anti-Semitic crimes, members of the U.S. Mission closely followed the Government's responses and officially expressed the U.S. Government's opposition to anti-Semitism. Mission officers maintained contacts with Jewish groups and continue to monitor closely the incidence of anti-Semitic activity.
The status of Scientology was the subject of many discussions during the period covered by this report. The U.S. Government expressed its concerns over infringement of individual rights because of religious affiliation and over the potential for discrimination in international trade posed by the screening of foreign firms for possible Scientology affiliation. U.S. Government officials discussed with state and federal authorities U.S. concerns about the violation of individual rights posed by the use of declarations of Scientology affiliation. U.S. officials frequently made the point that the use of such "filters" to prevent persons from practicing their professions, solely based on their beliefs, is an abuse of their rights, as well as a discriminatory business practice. The U.S. Government consistently maintained that the determination of whether any organization is religious is for the organization itself to make.
Released on October 7, 2002
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A climate of hostility
DW-World.de (04.04.2002)/HRWF (21.01.2002) ըC Website http://www.hrwf.net C Email info@hrwf.net- A spate of attacks on synagogues across Europe has led to tighter security measures on Jewish institutions and has sparked fears that violence my be imported from the Middle East to Europe.
Petrol bombs were hurled at a synagogue in Antwerp on Wednesday, marking the latest in a spate of attacks on Jewish institutions across Europe.
Around 20, 000 Jews live in the city, Belgium's second largest Jewish community.
The attack occurred amid a backdrop of increasing violence in the Middle East.
Over the weekend, the doors of a synagogue in Strasbourg were destroyed in a fire, a synagogue in Marseille was burnt to the ground and in Lyon another was rammed by two cars which were then set alight.
Officials believe the escalating Middle East conflict has led to fresh hostility towards Jewish communities in Europe.
Attack in Berlin sparks concern
In Berlin, two Jews were mugged on Sunday by a group of men police believed were Arabs. The two New Yorkers were attacked on one of Berlin's busiest shopping streets after visiting a synagogue. One of the victims suffered facial wounds and needed treatment in hospital.
The attack has sparked fear in Germany that tension in the Middle East will trigger a fresh wave of anti-Semitism and violence on Jewish institutions in the country.
Interior Minister Otto Schily said he had no concrete evidence that attacks were being planned in Germany, but that federal and local governments were alert all the same.
"Naturally we are doing everything to assure the safety of Jewish and Israeli fellow citizens and their institutions", he said.
Schily added he had asked state authorities to step up protection of Jews and Jewish sites following the France and Belgium attacks.
The statement followed a call by a leading member of Germany's Jewish community to increase protection.
Michael Friedman, vice-president of the Central Council of Jews in Germany, said the conflict in the Middle East was a matter for Israel and the Arab countries to resolve and was no excuse for anti-Semitism.
"To extend this to include all Jews shows the true, grotesque face of fanatical Islamists, who see Judaism as public enemy number one," Friedman said.
EU: Rise in anti-Semitic attacks since Sept. 11
The European Union's European Monitoring Center on Racism and Xenophobia said it had recorded a rise in attacks on Jewish communities in Europe, but said this followed the September 11 attacks and was unrelated to any Middle East violence.
However, as the French daily Le Figaro voiced concern that France may become "an annex of the battleground in the Middle East", so too are fears rising that further violence may be imported to the other parts of the European continent.
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Warning against ? sects ?
HRWF (21.01.2002) C Website http://www.hrwf.net C Email info@hrwf.net - In Germany, various L?nder are involved in warning campaigns against sects and work closely with anti-sect advocates of the Catholic Church and the Protestant Church. At the U.N. International Consultative Conference on School Education in Relation with Freedom of Religion and Belief, Tolerance and Non-Discrimination which was held in Madrid on 23-25 November 2001, a German delegation of Jehovah's Witnesses presented a paper about the intolerance fuelled by such campaigns. Human Rights Without Frontiers presents you a slightly shortened version of their paper.
Jehovah's Witnesses have been active in Germany for more than 100 years. Many families are fourth or fifth generation Jehovah's Witnesses. During this time it has become obvious that they are socially integrated and have contributed their share to a positive development in society. In the 20th century they were severely persecuted under two dictatorships C National Socialism and Communism. Although they are able to practice their beliefs in the Federal Republic of Germany relatively unhindered, they, as a minority religion, in recent years have again been confronted with the problem of increased intolerance and discrimination. Children in schools and kindergarten are especially affected. ()
Intolerance towards religious minorities, such as Jehovah's Witnesses, is furthered by the following factors:
1. Government warning about "Sects"
Although no scientific knowledge exists (1) to prove that disadvantages result from membership in one of these minority movements, the German federal government as well as State governments feel obliged to warn against membership in any of these minorities. They do this by producing folders (2), distributing booklets (3), appointing sect-experts in the government in the government, setting up information centers (4), holding press conferences, and making other public announcements (5), this in addition to doing such parliamentary work as answering minor and major inquiries submitted to the respective governments (6), or appointing an Enquete-Commission on so-called sects and psycho-groups, whose report is then published (7). However, it has been observed that government offices wish to expand their right to warn. Thus it has come to a point that "sect experts" (8) now even operate within the police department, commissioned to warning the public about the dangers of such groups. These also lecture to school classes, so that even children are confronted with these warnings (9).
2. One-sided distribution of prejudiced discriminatory information provided for education in the fields of law, administration, and especially teaching
Intolerance and discrimination are especially furthered when education provided in the fields of law and administration promote prejudice and the rejection of religious minorities such as Jehovah's Witnesses (10). This is done by means of lectures and by distributing printed information from religious opponents or apostates, without giving the associations concerned any possibility at all of engaging in dialogue or in expressing their opinion. Persons thus educated in the fields of law and administration serve later to spread this information.
The German Judicial Academy has repeatedly held training courses for judges to inform them about the legal approach to new religious associations, sects and cults (11). The efforts of the Religious Association of Jehovah's Witnesses to be present in order to express their opinion, if necessary, has been rejected. The Sect Information Center of the Ministry of Education, Science and Culture in Mecklenburg-Vorpommern permits a sect expert from the Catholic Church C who, it has been proved, has disseminated untrue allegations about Jehovah's Witnesses C to conduct advanced training courses for teachers, and under the subject "Sects and Occultism" to expressly discuss the Religious Association of Jehovah's Witnesses in a discriminatory manner (12). In Nordrhein-Westfalen the Association "Sekten-Info Essen e.V." (Sects-Info Essen) conducted information forums in schools and gave post-graduate seminars for teachers (13), although the association or its representatives had been prosecuted for disseminating untruthful allegations.
3. Dissemination of One-Sided and Stigmatizing Information in Schools
An alarming tendency towards intolerance and discrimination towards religious minorities has been observed especially in schools. Books approved for religious instruction depict Jehovah's Witnesses as outsiders and describe "getting out" of the religious association as something desirable (14). One book on ethics directs students to set up information stands against small religious associations. Traffic signs such as "Entry for Sects" forbidden are thereby used (15), and all small religious associations are lumped together without differentiation. Membership in a religious minority is described as being dangerous or even pathological. These factors lead to discrimination and ostracism of children in school and kindergarten, and in part entail not only psychical but also physical violence, which be exemplified in the following paragraph.
Students who participate in religious instruction regularly insult and scoff at children of Jehovah's Witnesses (16). Sometimes, they even resort to physical violence, without the school taking any action to relieve the situation, despite parental complaints (17). Teachers support the students in their presentation of disparaging comments about Jehovah's Witnesses during class instruction and thereby further the discrimination and ostracizing of children of Jehovah's Witnesses (18). Prejudice expressed by the teaching staff counteracts the duty of the school to educate children to be tolerant and to show understanding for one another (19). Films showing how to get out of sects is what most frequently leads to discrimination and attacks on children of Jehovah's Witnesses (20).
Attempts to Find Solutions
- Government Neutrality. The essential basis and prerequisite for tolerance and mutual respect is government neutrality in religious and ideological matters. In accordance with this principle, government organs must make equality of value and comparability of all religions under the governmental law of confessional neutrality as a basic rule, and therefore strictly see to it that the State grants equal treatment to minority religions and established religions. State neutrality stands the test when the citizen has his sphere and the freedom to take decisions in his occupation, child education, family, culture and other areas of life, and that precisely, not for the sake of religious-ideological neutrality, but as defined by his beliefs or convictions. The realization of government neutrality in jurisdiction and administration should, however, be especially strengthened in schools. This will only succeed if government institutions obtain their information about minorities in objective cognitive processes, and bars itself from adopting statements from religious competitors, e.g. such as the established churches. The right of religious minorities to get a hearing by the government must then especially be taken into consideration.
- Furtherance of Tolerance by Dialogue. Experience shows that the best possibility of reducing intolerance and discrimination is to further dialogue between the various groups in society. Jehovah's Witnesses have had positive results in this regard. Wherever they were able to express their standpoint and their beliefs themselves, this contributed to a reduction of prejudice, hostility, ostracism and violence. Heightened mutual understanding often opened the way to beneficial respect for one another. Sad to say, Jehovah's Witnesses in Germany have in recent years often been refused participation in dialogue. For example, the video Jehovah's Witnesses Stand Firm Against Nazi Assault, which was produced by Jehovah's Witnesses for class instruction and which describes the persecution of Jehovah's Witnesses during the National Socialist period, illustrates this.
Although the video has found recognition by historians, some L?nder have refused to permit its showing during class instruction due to an expert opinion arrived at under church influence.
In conclusion, the demand could be made that every minority be given the possibility of expressing its opinion and describing itself, whenever it is a subject of discussion. This is an indispensable duty, especially of the government and all of its institutions.
(1) Enquete-Commission, Final Report (fn. 2), p. 189; Dorothee Osterhagen, Der Abschlussbericht der Enquete-Kommission ?Sog. Sekten und Psychogruppen" des Deutschen Bundestages. Eine Erg?nzung zu: Kriele, Sektenjagd in: Besier/ Scheuch, (fn. 1), Teil II, p. 439 ff.
(2) e.g. : in Schleswig-Holstein in February 2000 a folder, Apokalypse C No Future?, was published by the Inquiry Office for Information About Sects and Associations Similar to Sects.
(3) e.g. in Nordrhein-Westfalen the booklet Familienrechtliche Konflikte mit "Sekten und Psykokulten" by the Ministry for Women, Youth, Family and Health.
(4) e.g. in Schleswig-Holstein: Documentary Center for Sects and Associations Similar to Sects; in Nordrhein-Westfalen: Workshops for Children and Youths (AJS), supported by the Land Government; for the Federal Government: the professional report "Jugendsekten und Psychogruppen" in the Federal Administrative Office; for further inter-ministerial workshops see Enquete-Commission, Final Report (fn. 2), p. 61
(5) e.g. on October 26, 2000 in Munich (Mnchner Merkur of October 27, 2000)
(6) e.g. an inquiry about the government's position regarding new religions and ideological associations and psycho-groups in the Federal Republic of Germany, October 5, 1999 (Parliamentary Gazette 14/1726) and the answer from the Federal Government October 25, 1999 (Parliamentary Gazette 14/1726)
(7) Enquete-Commission, Final Report (fn. 2)
(8) e.g. the city police department, Leipzig (Leipziger Volkszeitung of August 26, 1999); Commissioner's Office K 314, city police department Munich (Kriminalistik, 11/1999, p. 722)
(9) e.g. Lectures by a Criminal High Commissioner at the Georg-Weert school 3 in Chemnitz on December 13 and 20, 1999
(10) e.g. a booklet published by the Saxon State Juvenile Office, "New religious and ideological associations and psycho-groups", for the training of teachers. It contains sentences such as: "Yes, when the soul catchers once get someone under their influence, he can in some cases not be sufficiently helped."
(11) e.g. December 12 to 17, 1994, "New Youth Movements and Sects"; June 19 to 26, 1995 "New Ideological Associations and Cult Movements", January 24 to 29, 2000, "The Psychomarket"
(12) e.g. on August 28, 2000 in the Theodor-K?rner School in Schwerin
(13) Jahresbericht 1997, p. 7; Jahresbericht 1998, p. 6; Jahresbericht 1999, p. 7; Jahresbericht 2000, p. 8
(14) Kursbuch Religion 9/10 Lehrerband, Calwer Verlag, Stuttgart/ Verlag Moritz Diesterweg, Frankfurt Main 2000
(15) Schoolbook Leben Ethik 7/8 Ernst Klett Schoolbook Publisher, Leipzig 1999: In the illustrations negative and discriminatory arguments are used
(16) Psychological and physical pressure was exercised upon children of Jehovah's Witnesses by the school management in Dorsten, in order to force them to participate in a memorial service held in a Catholic church for September 11, 2001
(17) e.g. in Ebersbach at a secondary school a girl student suffered a fracture of the upper arm on September 22, 2000, rupture in the elbow joints as well as pinched finger nerves
(18) e.g. In Lindenberg, a teacher, who is supposed to be a go-between in difficulties between teachers and pupils, has for years hung up posters made by students, containing one-sided information about Jehovah's Witnesses, and which lead to insults and assaults against a daughter of Jehovah's Witnesses in and out of school. The school principal was not even willing to look at the questionable poster.
(19) e.g. dark-skinned elementary student in Frankfurt, whose adoptive mother is a Jehovah's Witness, was reproached by his teacher because of unsatisfactory homework, it was apparently all due to these dumb Jehovah's Witnesses. In Meissen, a student was threatened with the lowest mark because of conscientiously objecting to participate in any form of martial arts
(20) e.g. documented in Filderstadt, Werl, Oberkochen, Wesel, Landshut and Rees-Haldern
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