In answer to interrogations expressed by the American delegation as well as several NGOs, the French delegation would like to make the following points.
There is indeed such a law in France which “aims at reinforcing prevention and repression of sectarian movements which harm human rights and fundamental freedoms ". It is not the beliefs which are stigmatized – these are all free – but potential actions contrary to fundamental freedoms or to general penal provisions, which apply to all citizens. I will remind you that, in France, there is no procedure of registration of religious movements. The law I referred to indeed authorizes the dissolution of associations. But, of course, under very restrictive conditions, and as a very last resort. It cannot be mistaken for something arbitrary. Moreover the Council of Europe, in November 2001, had requested an expertise on the law: it concluded that it was not incompatible with the values defended by the Council of Europe. The report from the Council of Europe requested to put on hold any application, by a tribunal, of the law. We are all vigilant. To this date, the law has not been applied.
The list of sectarian movements included in a 1995 French parliamentary report has also been raised. This list is a parliamentary working document. In other words, it has no legal value, which has been the consistent position of the French government. Certain local authorities have however referred to this list in order to take administrative measures – all cancelled by tribunals. The French government is taking steps to heighten the awareness of the administrative structures so that the list of sectarian movements can be recognized for what it is: a parliamentary working document which cannot serve as the basis for any measure to be taken.
Finally, the Inter-ministerial Mission for the Fight Against Sects (MILS). We are aware that the aforementioned mission has generated a lack of understanding and forwarded an image which does not correspond to French reality. The government has undertaken a fundamental review of the objectives, role, and structure of the inter-ministerial Mission, of which the President, since the month of June, has not been replaced. The French delegation places itself at the disposal of any organization that wishes to dialog with it, in a spirit of total openness.
To conclude, I stress that the French delegation fully supports the suggestion, made amongst others, by the European Union and the United States, to organize a seminar, in the frame of the BIDDH, on religious freedom. Moreover we wish to actively participate to the Baku seminar next October.
Thank you. Mister President.
Working
session n°7 (12 September 2002).
FRENCH DELEGATION: Right of reply.