FRANCE:
DISCRIMINATORY AND REPRESSIVE LEGISLATION
TO BAN TARGETED RELIGIOUS MINORITIES

Introduction

An “anti-sect” proposed law authored by MP Catherine Picard passed the National Assembly on 22nd June 2000.^* This bill, which will be voted on by the Senate in the fall, represents the latest effort of extremists such as Alain Vivien, the President of the French government’s Interministerial Mission for the Fight Against Sects, to enact repressive legislation designed to infringe upon the rights of targeted minority religions by manufacturing means to ban disfavored minority religions from France. Approval by the Senate is expected as it passed similar repressive legislation designed to create a means to dissolve targeted minority religious groups on December 16, 1999.

The Law provides expeditious procedures for the dissolution of organizations deemed to create a “dependency” in their members, to violate human rights, and to have repeatedly committed certain offences. If leaders and members of dissolved religious organizations continue to practice their faith, hold religious meetings or disseminate information regarding their religion, they face the risk of arrest and imprisonment.

This repressive legislation, which received no publicity when it was introduced, was rushed through the National Assembly to avoid debate and scrutiny by international human rights groups and the interfaith community. The proposal’s discriminatory intent in contravention of France’s human rights obligations is blatantly articulated in the Explanatory Memorandum to the bill, which states that the purpose of the bill “is to paralyze” the activities of organizations with a “sect-like character”.

No attempt beyond vague generalities is made to clearly define what groups or clearly delineate what activities are meant to be targeted. The Explanatory Memorandum does note that the repressive and anti-democratic measures contained in the bill are designed to be implemented solely against “sects” and are not intended to be implemented against non-profit organizations, political parties, labor unions or professional organizations.

Although the legislative language on its face appears to apply to any religious group, it is clear that the law’s repressive measures, including the dissolution of religious associations and the imprisonment of its members, are intended to be selectively enforced against new and minority religions.

In spite of the principles of non-discrimination and equal treatment, and in contravention of the European Convention on Human Rights, the French government has determined to arbitrarily classify religious groups into two separate categories: 1) religions which are viewed as law abiding and beneficial to society; and 2) “sects” which are viewed as dangerous to society, which are the targets of oppressive and discriminatory measures, and which the government declares must be “fought” against.

These arbitrary and improper designations are designed to create a suspect category of religious groups under the pejorative term “sects” as part of a political misinformation campaign to convince the public that “sects” should not be treated as religions and instead are dangerous ideologies necessitating criminal investigation and prosecution and requiring excessive control and eventual prohibition by the State. Indeed, this term has been by the National Assembly in a 1996 report to arbitrarily and improperly classify 173 minority religious communities as somehow suspect.

^*Amendments on the date of passage in the National Assembly made this repressive legislation worse by changing the perimeter from a school, hospital or similar where minorities designated as "sects" cannot operate from 100 to 200 meters, 2) allowing cities to deny building permits to "sects", and 3) allowing court cases to be brought by "anti-sect" organizations, who will participate as parties in the case and may sue for damages.