APD

APD (Adventistischer Presse Dienst) News Report - A protestant news agency
21/7/2000 - For immediate release - PD Special Coverage on France Anti-Sect Bill

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.

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.

Published by: Adventist Press Service (APD) P. O. Box 136, CH-4003 Basel/Switzerland - E-Mail: APD@stanet.ch, Fax 0041-61-261 61 18 Homepage: http://www.stanet.ch/APD