Title: Human Rights Rep.1999: France - Co$
Author: xenurules@hotmail.com
Date: Sat, 26 Feb 2000 04:47:38 GMT

France rocks again! Viva la France!



http://www.state.gov/www/global/human_rights/1999_hrp_report/france.html



The Government's response to some minority groups that it views

as "sects" or "cults" has been to continue to encourage public caution.

In 1995 after the release of poisonous gas in the Tokyo, Japan, subway

by the Aum Shinrikyo cult, the National Assembly formed a parliamentary

commission, also known as the Gest or the Guyard Commission, to study

so-called "sects." In 1996 the Commission issued a report that defined

sects as groups that place inordinate importance on finances; cause a

rupture between adherents and their families; are responsible for

physical as well as psychological attacks on members; recruit children;

profess "anti-social" ideas; disturb public order; have "judiciary

problems;" and/or attempt to infiltrate organs of the State. Government

officials have stated that "sects" are "associations whose structure is

ideological and totalitarian and whose behavior seriously oppresses

fundamental liberties as well as social equilibrium." (These attributes

are in addition to specific criminal behavior prohibited by law.) The

Commission's report identified 173 groups as sects, including Jehovah's

Witnesses and the Church of Scientology. The report was prepared

without the benefit of full and complete hearings regarding the groups

identified on the list. Groups were not told why they were placed on

the list, and, because the document exists as a commission report to

the National Assembly, there is no mechanism for changing or amending

the list short of a new National Assembly commission inquiry and

report. The ensuing publicity contributed to an atmosphere of

intolerance and bias against minority religions. Some religious groups

reported that their members suffered increased intolerance after having

been identified on the list. A number of individuals who belong to

groups on the list continued to report discrimination during the year--

for example, the loss of a job or the denial of a bank loan--which they

believe occurred because of their affiliation with a "sect." In a

November 1998 report, the International Helsinki Federation criticized

the identification of the 173 groups, which it stated "resulted in

media reports libeling minority religions, the circulation of rumors

and false information, and incitement of religious intolerance." The

Commission's findings also led to calls for legislative action to

restrict the activities of sects, which the Government rejected on

grounds of religious freedom. Instead, the Justice Ministry issued a

directive to all government entities to be vigilant against possible

abuses by sects, and all government offices were instructed to monitor

potentially abusive sect activities.

In 1996 the Government created an interministerial working group on

sects (known as the Observatory on Sects) to analyze the phenomenon of

sects and to develop proposals for dealing with them. The working

group's final report in 1996 made several proposals, including the

granting of legal standing to organizations that oppose sects; a

modification of the law requiring associations to divulge information

regarding the sources and management of their finances related to their

effort to obtain tax-exempt status; a limit on the allocation of public

campaign funds in order to limit public financial support for small

fringe groups; the creation of a representative in each prefecture to

provide information on sects to local officials; the creation of a

permanent commission at the European Union level to reinforce

international cooperation in controlling sect activities; and measures

to restrict group members' entry into professional training programs.

In October 1998, the Government issued a new decree disbanding the

Observatory on Sects and creating an "Interministerial Mission to

Battle Against Sects" (mission interministerielle de lutte contre les

sectes). Although the decree instructs the commission to "analyze the

phenomenon of sects," it does not define what is meant by the

term "sect," or how sects differ from religions. The Interministerial

Mission also is charged with serving as a coordinator of periodic

interministerial meetings, at which government officials are to

exchange information and coordinate their actions against sects.

The Interministerial Mission continued to carry out its mandate during

the year. However, publication of the Mission's 1999 report was

delayed. According to press reports, this delay was due to government

reservations about the content of the report, which reportedly

advocated new legislation aimed at abolishing a number of so-

called "dangerous sects." The Prime Minister's office, as well as some

prominent government figures, publicly opposed such measures, citing

concerns about the constitutional provision for "freedom of

conscience."

In December 1998, the National Assembly debated and passed a proposal

that would allow two specific antisect groups, both classified

as "public utilities," to become parties to court actions involving

sects. During the year the Senate passed a version of the same bill;

the proposed legislation was sent back to the National Assembly for

further consideration.

In December 1998, the Ministry of Justice issued a circular urging

state prosecutors to cooperate with the Interministerial Mission in

bringing actions against sects.

Also in December 1998, the National Assembly created a new

parliamentary commission to study the way that sects are financed. On

June 18, the Commission released its report, based on questionnaires

sent to groups listed as "sects" in the 1995 Gest Commission report.

The questionnaires, which were sent out in March, requested detailed

information about the finances of these groups, including donations,

investments, financial activities, and other sources of income. The

report focused on multinational groups, especially Jehovah's Witnesses

and Scientologists. The stated basis of concern was that these groups

may use excessive or dishonest means to obtain donations, which then

are transferred out of the country and beyond the reach of French tax

authorities. The report also raised questions about volunteers, who

should be compensated under the law for providing free labor to "for

profit" organizations.

Some observers are concerned about the scrutiny with which tax

authorities have examined the financial records of some religious

groups. The Government currently does not recognize Jehovah's Witnesses

or the Church of Scientology as qualifying religious associations for

tax purposes, and therefore subjects them to a 60 percent tax on all

funds they receive.

In January 1996, the tax authorities began an audit of the French

Association of Jehovah's Witnesses, and in May 1998, the tax

authorities formally assessed the 60 percent tax against donations

received by Jehovah's Witnesses from September 1992 through August

1996. In June 1998, tax authorities began proceedings to collect the

assessed tax, including steps to place a lien on the property of the

National Consistory of Jehovah's Witnesses. The total amount claimed

(including taxes, penalties, and interest) is over $50 million (300

million francs). According to the International Helsinki Federation's

1998 report, Jehovah's Witnesses "have been singled out for close

scrutiny." The tax proceedings continued at year's end.

The authorities previously took similar action against the Church of

Scientology. Tax claims asserted in 1994-95 against several Scientology

churches forced them into bankruptcy. In the case of the Paris church

the Ministry of Finance refused to grant the church authorization to

import funds to pay the claimed taxes even though the church offered to

pay the total amount of all taxes assessed, a percentage of which would

have come from outside the country. Subsequently, in December 1997, the

Government filed legal action for the claimed amount against the former

officers of the Paris church and against the Church of Scientology

International (a California nonprofit organization). The hearing in

this legal action was deferred pending a decision regarding a 1998

administrative claim filed with the Conseil d'Etat by the Paris church

that the Minister of Finance acted improperly in refusing to allow the

church to import funds to pay the assessed taxes. In January the

Conseil d'Etat requested the advice of the European Court of Justice,

and was awaiting a response at year's end.

In July 1997, a Court of Appeals in Lyon recognized Scientology as a

religion in its opinion in the conviction of Jean-Jacques Mazier, a

former leader of the Scientologists, for contributing to the 1988

suicide of a church member. In response the Minister of the Interior

stated that the court had exceeded its authority and that the

Government does not recognize Scientology as a religion. The Government

appealed the Court of Appeals decision, but on June 30, the Court of

Cassation rejected the Government's appeal, but the Court stated that

it lacked the authority to decide if Scientology was a religion.

There have been a number of court cases against the Church of

Scientololgy, which generally involved former members who sue the

Church for fraud, and sometimes for the practice of medicine without a

license. A September case in the Marseilles Correctional Court received

wide media attention after judicial officials admitted that 31/2 tons

of documents pertaining to the case had been destroyed by mistake. In

November the court found a former local leader of the Church of

Scientology and four other Church employees guilty of fraud for

swindling money from former members. The court sentenced the local

leader to 2 years in prison, of which 18 months were suspended and the

remaining 6 months served prior to sentencing, and a fine of

approximately $16,700 (100,000 francs). The other four members received

suspended sentences; charges against two other persons were dropped. d.

Freedom of Movement Within the Country, Foreign Travel, Emigration, and

Repatriation

The law provides for these rights, and the Government respects them in

practice.

The law includes provisions for the grant of refugee/asylee status in

accordance with the provisions of the 1951 U.N. Convention Relating to

the Status of Refugees and its 1967 Protocol. In 1998 the Government

began implementing a new law that addresses both asylum requests and

illegal aliens. The Government provides first asylum. During the year,

the Government accepted approximately 6,500 persons from Kosovo; these

persons were not allowed to file asylum applications, and are expected

to return to Kosovo. In 1998 the Government received 22,375 requests

for asylum and issued 4,342 refugee certificates (a document issued to

successful asylum applicants). The Government generally cooperates with

the U.N. High Commissioner for Refugees and other humanitarian

organizations in assisting refugees. There were no reports of the

forced return of persons to a country where they feared persecution.