wfn.org | French Law Against Sects Could Hinder Religious Freedom

[APD <APD_Info_Schweiz@compuserve.com>]

July 16, 2000
Adventist Press Service (APD)
Christian B. Schaeffler, Editor-in-chief
Fax +41-61-261 61 18
APD@stanet.ch
http://www.stanet.ch/APD
CH-4003 Basel, Switzerland

Special Report

French Law Against Sects Could Hinder Religious 
Freedom

Paris, France, 15.07.2000/APD/CD           The 
French National Assembly has adopted Europe's 
toughest anti-cult legislation, which would create a 
controversial new crime of "mental manipulation" 
punishable by a maximum fine of US$75,000 and 
five years imprisonment. Christian leaders are 
concerned about the bill's possible consequences.

"Without understanding the risks, it is dangerous to 
create a crime of mental manipulation -- something 
that sooner or later will be assimilated with a crime 
of opinion," said Stephan Lauzet, general secretary 
of the Evangelical Alliance. "The situation is 
sufficiently worrying that we should remain 
vigilant."

The new anti-cult bill dated May 30 and unveiled on 
June 6 was authored by Member of Parliament 
Catherine Picard and signed by all French Socialist 
members of the National Assembly. It went through 
the Law Commission on June 21 and was voted on 
the next day in the National Assembly. It must now 
go back to the Senate for approval of the latest 
amendments. The Senate approved a less stringent 
bill in December 1999.

The bill, which contains 11 articles, represents the 
latest effort to pass repressive legislation against 
minority religions.

In 1996, the French government published a list of 
173 "dangerous sects" that included an evangelical 
church with connections with Baptists in the United 
States, as well as Jehovah's Witnesses and 
Scientologists.

Article 1 of the Assembly bill provides for the 
dissolution of a corporation or association whose 
activities "have the goal or effect to create or to 
exploit the state of mental or physical dependence 
of people who are participating in its activities" and 
which infringe on "human rights and fundamental 
liberties," when this association, or its managers (or 
de facto managers) have been convicted "several 
times" for offences such as fraud, illegal practice of 
medicine, and several other criminal offences. 

Article 6 bans sects from advertising and prohibits 
them from opening missions or looking for new 
members within a perimeter of 200 meters from a 
hospital, a retirement home, a public or private 
institution of prevention, curing or caring, or any 
school for two to 18-year-old students. Violation 
can bring a sentence of two years imprisonment 
and a US$30,000 fine.

Article 8 punishes any promotion or propaganda by 
an association or group falling under Article 1 
"intended for young people" (age not defined) 
under penalty of a US$7,500 fine, applicable to both 
individuals and associations. 

Article 9 establishes the new crime of "mental 
manipulation." Mental manipulation is defined as 
any activity or activities "with the goal or the effect 
to create or to exploit a state of psychological or 
physical dependence of people who are participating 
in the group's activities, to exercise on one of these 
people repeated and serious pressure and to use 
patent techniques to change the person's 
judgement in order to lead this person, against his 
or her will or not, to an act or an abstention which 
is heavily prejudicial to him/her." The penalty is 
three years of imprisonment and a fine of 
US$40,000. 

If the victim is considered particularly weak due to 
his or her age, illness, etc., the penalty is five years 
imprisonment and a US$75,000 fine. 

This bill has given rise to considerable concern not 
only among so-called "sects" but also among the 
religious establishment, which fears the 
reawakening of anti-Catholic forces and a new wave 
of religious intolerance.

In its June 23 editorial, the French daily newspaper 
"Le Figaro" wondered if the Roman Catholic Church 
would not be targeted by the anti-cult law in the 
future: "A young girl who has chosen to live outside 
of the world, who has given up her belongings, left 
her clothes, cut her hair, who obeys without a 
murmur to anything, works hard without any salary 
and gets up several times a night to recite prayers 
learned by heart may be considered one day, by a 
judge, as the victim of 'mental manipulation.' 
Nevertheless, that is the way Carmelites live."

Pope John Paul II, formally accepting the credentials 
of the new French ambassador to the Holy See, 
Alain Dejammet, on June 10, devoted a part of his 
speech to religious liberty: "To discriminate against 
religious beliefs, or to discredit one or another form 
of religious practice, is a form of exclusion contrary 
to the respect of fundamental human values and 
will eventually destabilize society, where a certain 
pluralism of thought and action should exist, as well 
as benevolent and brotherly attitude. This will 
necessarily create a climate of tension, intolerance, 
opposition and suspicion, not conducive to social 
peace."

Father Jean Vernette, the episcopate's delegate on 
the cult issue, said in an interview with the daily 
Catholic paper "La Croix" on June 22, "How can one 
make, with no mistake, the difference between 
spiritual guidance and mental manipulation? My fear 
is that the fight against cults, although necessary, 
will become, for some people, the vector of a new 
fight against religion."

The Protestant weekly magazine "Reforme" devoted 
a full issue to cults and warned against 
"aberrations" of public opinion and political powers.

Aaron Rhodes, the chairman of the International 
Helsinki Federation, told Compass, "For several 
years, we have been one of the rare European 
human rights organizations to warn France about 
the dangerous deviations of its anti-cults policy, the 
introduction of measures and laws of exception." 

Professor Jacques Robert said that criminal laws 
were sufficient to deal with illegal activities, not 
laws specifically targeted at religious groups. Robert 
is a former member of the French Conseil 
Constitutionnel (the equivalent of the United States 
Supreme Court), president of the French Centre of 
Comparative Law, professor of Public Law at the 
Paris Pantheon, and honorary president of the 
University of Paris.

"What needs to be done is to follow laws dealing 
with criminal activities and punish any breaches of 
such laws," said Robert in a meeting at the 
Seventh-day Adventist Church's World 
Headquarters in June. "Sects are not above the law, 
any more than any other religious groups. If they 
are guilty of criminal actions then deal with them, 
but not through a witch-hunt."

Robert pointed out that the word "secte" in French 
is negative and pejorative in association, and that 
public opinion in the country was strongly against 
some religious minorities. However, to distinguish 
between "approved" and "non-approved" religions 
was contrary to principles of liberty, equality and 
fraternity, he said.

"The authorities asked me to examine the difference 
between a sect and a religion," Robert said. "But 
this is a very difficult question, since a group that 
acknowledges a Supreme Being, has worship 
services, employs clergy, and so on is just as much 
a religion as an established church. From the 
perspective of religious liberty, you cannot 
discriminate officially between religions, but in 
practice many still do."

Robert was welcomed by the president of the 
Adventist World Church, Pastor Jan Paulsen, who 
expressed appreciation for Robert's contribution to 
the promotion of religious freedom. In his response, 
Robert identified common values he shared with 
Adventists.

"We agree that we are here on earth to help others 
benefit from the talents God has given us," said 
Robert. "While we live in a society where money 
dictates so much, we point to the values of the 
world of the spiritual. We are committed to the 
principle of freedom for all, and in France we have a 
tradition of liberty. I am happy to work with you in 
promoting such values, recognizing your 
commitment to religious liberty as a recognized 
Christian church community."

Speaking during an interview at the 57. World 
Session of the Seventh-day Adventist Church in July 
in Toronto (Canada), M. Jean-Arnold de Clermont, 
president of the French Federation of Protestant 
Churches, spoke against the "anti-sect" law 
proposed in France.

"The anti-sect law proposed by the Chamber of 
Deputies may become government legislation, and 
we have reacted to this," said Clermont. "The first 
section of the law reinforces existing laws which 
have not been enforced due to lack of political will 
and the inability to demonstrate material facts or 
proof. The second part of the proposed legislation is 
much more dangerous. It deals with mental 
manipulation and brainwashing. However, no one 
can define what this is, or, if you do, there is no 
difference between the strong convictions of 
anyone. In this sense this law is just a means of 
control. Politicians know about all about conviction. 
You want people under your control" isn't that 
mental manipulation or brainwashing?"

Clermont went on to caution against the possible 
misuse of such a law. "This is why such legislation is 
so dangerous, because in judicial terms in which 
you do not define such concepts, the law can be 
used against anything. Protestants, Jews and 
Catholics have all seen the dangers of the law and 
will fight the whole process of its implementation 
through expressing our concerns to those 
responsible."

There are enough laws to deal with illegal activities 
of any group, Clermont continued. "We agree that it 
is important to act against the illegal activities of 
any groups. We do not support any such activities. 
For fifteen years we have said that existing laws are 
sufficient to deal with dangerous cults. Liberty is 
indivisible, and the laws we already have are 
sufficient. What is lacking is the political will to use 
them."

Clermont referred to the "sect list" that has already 
been used to deny religious freedom rights to some 
individuals and groups. "The National Assembly has 
produced a list of 'banned' groups, which contains 
even unsupported complaints. Popular opinion is 
built by politicians to encourage opposition against 
religious movements. Politicians have been 'crying 
wolf,' but this is against the constitution that says 
that the state does not recognize any religions, 
which means that the state views all religions as 
equal."

Clermont is also a minister of the Reformed Church-
-one of fifteen Protestant denominations and 500 
Christian organizations that make up the French 
Protestant Church Federation. He states that he has 
had many contacts with Adventists over the years 
and came to Session to see "from the interior" the 
international Adventist Church.

Reverend Jean-Arnold de Clermont also said in an 
article in the June 22 edition of the Catholic daily 
newspaper "La Croix,": "Where is the limit between 
the persuasive speech, the passionate sermon and 
mental manipulation? In fact, all the religious 
movements must feel threatened by the anti-cult 
fight. I am still waiting for an accurate definition of 
mental manipulation. Is it possible that one day I 
will be suspected too?" 

^From July 1 to December 31, 2000, France will be 
chairing the European Union. Some observers fear 
that it will use its position to promote anti-cult 
policy. (217/2000) (Editors: Willy Fautr for 
Compass and Christian B. Schaeffler for APD)