FRANCE:
DISCRIMINATORY AND REPRESSIVE LEGISLATION
TO BAN TARGETED RELIGIOUS MINORITIES

Proposed Draconian Measures

The bill consists of an Explanatory Memorandum and eleven articles derived from three previous legislative proposals, including the controversial legislation introduced by Senator About which was approved by the French Senate on December 16, 1999.

The Explanatory Memorandum is extraordinary. It makes it clear that the law is intended to be used selectively and exclusively against new and minority religions alone. The Memorandum states that the purpose of the law is to create a “legal means” to “paralyze” “sects”, by providing public authorities and affected individuals “preventive and punitive” powers against such groups. This purpose is contrary to fundamental international human rights principles which require that all religions, old or new, mainstream or minority, deserve equal protection under the law.

The Memorandum also attempts to justify the bill’s purpose of only applying to targeted religious minorities by relying on previous legislative reports which have been strongly criticized by the international human rights community. Although the memorandum selectively singles out religious minority groups from other nonprofit organizations, political parties and trade unions, no attempt is made to precisely delineate any distinguishing criteria.

The Memorandum attempts to justify the draconian measures in the bill and the arbitrarily selective nature of the law on the purported grounds that the targeted religious minorities “harm” individual members, “deprive them of their fundamental rights” and “tear apart” families. Yet, no specific evidence whatsoever is provided to support these sweeping statements and no specific examples or activities are identified to substantiate these claims.

Article One provides for the dissolution of a corporation or association if its activities: 1) “have the goal or effect to create or to exploit the state of mental or physical dependance of people who are participating in its activities” and 2) infringe on “human rights and fundamental liberties,” 3) in circumstances where the corporation or association, its managers (or de facto managers) have been convicted on more than one occasion for a wide range of offenses, including defamation, misleading advertising, fraud, illegal practice of medicine, attacks on a person’s “physical or mental integrity”, unlawful imprisonment, and several other criminal offenses.

The procedure for dissolution is judicial. A prosecutor, acting on his own motion or at the behest of any person with an interest in the matter (including anti-sect groups claiming to act on behalf of affected persons and parents of parishioners of targeted groups, even if the “victims” have no complaint with the organization), can initiate a dissolution action in civil court with the Tribunal de Grande Instance. Based upon the current climate in France and the purpose of the law, isolated misdeeds by individuals associated with targeted religious groups outside the mainstream are likely to be used as a basis for action against the group concerned while isolated cases will most likely be ignored against the major religions.

The Court has the discretion to order the dissolution of a legal entity if it determines that two conditions being met: 1) a finding that there has been more than one conviction of the legal entity or its directors or officers for any of the criminal offenses enumerated in the bill; and 2) a finding that the entity engages in activities that infringe human rights or fundamental freedoms for the purpose of or resulting in the psychological or physical dependence of persons taking part in such activities. The second finding provides a court with virtually unfettered discretion.

Moreover, Article One provides for expedited dissolution proceedings by requiring proceedings at a designated time and date in the court of first instance, requiring a fifteen-day time limit for entering appeal, and establishing procedures for an expedited appeal.