Title: Human Rights Rep. 1999: Germany - Co$
Author: xenurules@hotmail.com
Date: Sat, 26 Feb 2000 04:50:10 GMT
Good that the Germans don't make a Report about the U.S. L.A. Police corruption scandal, RPF, etc. That would be work for 10 Departments. http://www.state.gov/www/global/human_rights/1999_hrp_report/germany.htm l The Church of Scientology remained under scrutiny by both federal and state officials who contend that it is not a religion but an economic enterprise. According to representatives of the Church of Scientology, while the public debate over the Church's status and operations has diminished somewhat in intensity compared to previous years, instances of governmental bias and discrimination remain. Authorities sometimes sought to deregister Scientology organizations previously registered as nonprofit associations and require them to register as commercial enterprises. In 1997 the Federal Administrative Court in Berlin declared that a registered nonprofit association, religious or otherwise, could engage in entrepreneurial activities as long as these were only supplementary and collateral to its nonprofit goals, and sent an appeal concerning the deregistration of a Scientology organization in the state of Baden-Wuerttemberg back to a lower level for further review. In December the Stuttgart administrative court ruled that Baden- Wuerttemberg could not deregister the Church of Scientology as an ideological nonprofit organization, stating that Scientology's activities could not be classified as commercial if such activities were used to accomplish the organization's ideological purposes. In August the city of Munich revoked the nonprofit status of the local Scientology organization. In June the Munich administrative court rejected an appeal by the Church of Scientology and upheld the November 1995 decision by the city of Munich to deprive the Scientology- affiliated Celebrity Center Munich of its status as a nonprofit organization. The city had argued that the center allegedly was brainwashing and financially exploiting its members. However, the court ruled that the only relevant point was whether the purpose of the center was to make money. During a March visit to the country by a lawyer for the Church of Scientology, officials in the Foreign Ministry refused to engage in a dialog with the Church and decided not to meet with the attorney. According to officials from the Ministry of Foreign Affairs, the Charge of the German Embassy in a western country met with a Scientology representative in 1996, but no tangible progress resulted from the meeting. Therefore government officials concluded that it was not worthwhile to meet with Scientology representatives again, since they do not believe that the Church has changed those practices that the Government finds unacceptable. Moreover, federal government officials believe that this issue is primarily one for the states to handle. Some government officials allege that Scientology's goals and methods are antidemocratic and call for further restrictions on Scientology- affiliated organizations and individuals. For example, during a March meeting with a lawyer representing the Church of Scientology and members of the working group on Scientology in the Hamburg interior ministry, Hamburg state officials expressed their belief that the Church is a criminal organization with a totalitarian ideology. In 1997 authorities of the federal and state OPC's placed Scientology under observation for 1 year because of concerns raised by some offices that there were indications that Scientology may pose a threat to democracy. Under the observation decision, 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. In 1998 federal and state OPC's agreed to continue the observation of Scientology. One state, Schleswig-Holstein, did not agree to implement such observation, since its constitution does not permit such activity. Observation by state OPC's, with the exception of Schleswig-Holstein, continued at year's end. No criminal charges have been brought against Scientology by the Government. Scientology filed a suit in Berlin to enjoin the Berlin Interior Ministry from the alleged practice of bribing members of Scientology to "spy" on other members. The case continued at year's end. Most major political parties continued to exclude Scientologists from membership, arguing that Scientology is not a religion but a for-profit organization whose goals and principles are antidemocratic and thus incompatible with those of the political parties. However, there has been only one known instance of enforcement of this ban. In June 1998, the commission established in 1996 to investigate "so- called sects and psycho-groups," including Scientology, presented its final report to Parliament. The report concluded that these groups did not pose a threat to society and state; however, it called upon the Government to introduce legislation for consumer protection in the "psycho-market" and highlighted the need for the Government to inform the public about dangers to health and property posed by psycho- cults and groups. Particular emphasis was placed on Scientology because it allegedly pursued policies of "misinformation and intimidation" of its critics, according to the report. The report did not classify Scientology as a religion, but as a profit-oriented psycho-group with totalitarian internal structures and undemocratic goals. The commission contended that there were concrete indications that Scientology was a political extremist organization, and recommended to Parliament that observation of Scientology continue. The report also recommended that because of its derogatory connotation the term "sect" should be avoided, and that instead the designation "new religious and ideological communities and psycho-groups" be used. The interministerial group of mid-level 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 year and remains purely consultative in purpose. Between 1996 and 1998 a number of states published pamphlets warning of alleged dangers posed by so-called sects and ideological groups, including the Church of Scientology. The brochures are provided to the public free of charge. The Bavarian interior ministry provides two brochures, released in 1998, warning against the Church of Scientology. "The Scientology System" and "Scientology: An Anti- Constitutional Movement" warned about alleged hard-sell methods by the Church and asserted that Scientology was striving for world power. The Bavarian interior minister asserted that the Church even was ordering the commission of criminal acts and compared its psychological methods to those of the former East German secret police. 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. The government of Schleswig-Holstein published brochures detailing initiatives directed against such groups, including Scientology, as well as what it sees as the legal basis for public action against these groups. Lower Saxony's Office of Youth Protection booklet on such groups describes Scientology as a multinational combine rather than a religion and claims that Scientology has a rigid hierarchy and that it severely punishes its members if they violate its codes; and Mecklenburg Vorpommern also publishes a booklet describing various groups, among them Scientology. Scientologists continued to report discrimination, alleging both government-condoned and societal harassment because of their church affiliation. A number of state and local government offices share information on individuals suspected of being Scientologists. "Sect- filters," statements by individuals that they are not affiliated with Scientology and which, in practice, are not applied to members of other groups, are used by some state, local, and federal agencies, businesses (including major international corporations), and other organizations to discriminate against Scientologists in business and social dealings. The Federal Ministry of Economics imposed the use of sect filters on companies bidding for contracts to provide training courses. Some state governments also screen companies bidding contracts relating to training and the handling and processing of personal data. The Federal Property Office has barred the sale of some federal real estate to Scientologists, noting that the Federal Finance Ministry has urged that such sales be avoided, if possible. Scientologists assert that business firms whose owners or executives are Scientologists, as well as artists who are church members, faced boycotts and discrimination, sometimes with state and local government approval. Other church members reported employment difficulties, and, in the state of Bavaria, applicants for state civil service positions must complete questionnaires detailing any relationship they may have to Scientology. The questionnaire specifically states that the failure to complete the form will result in the employment application not being considered. Bavaria identified some state employees as Scientologists and required them to complete the questionnaire. Some of those employees refused and filed complaints with the Labor and Administrative Courts. The cases are pending. However, according to Bavarian and federal officials, no one in Bavaria lost a job, was denied employment, or suffered any infringement of rights by public officials or entities solely because of association with Scientology. Bavarian officials also contended that a Scientologist was teaching in a Munich public school and that another Scientologist was a member of the Bavarian Ministry of Culture. During the year, Hamburg city officials expressed public concern about Microsoft Windows 2000, because one of its software functions was developed by a company whose chief executive officer is a Scientologist. The Bavarian interior ministry warned against overreacting to such concerns. In a well-publicized court case, a higher social court in Rheinland- Pfalz ruled in January 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. The ruling is under appeal by the state labor office. No damages had yet been awarded by year's end. Scientologists continued to take grievances to the courts. Legal rulings have been mixed. In recent years, some individuals who had been fired because they were Scientologists took their employers to court for "unfair dismissal." Several reached out of court settlements with employers. Scientology held exhibitions in Munich, Stuttgart, and Hamburg to explain the Church to citizens. Although Scientologists reported that the exhibitions were a success, Scientology encountered serious difficulties in renting space in major hotels and convention centers. In some cases reservations were cancelled because hotels said that they feared a loss of business if they allowed Scientology to rent exhibition space.