E/CN.4/2006/5/Add.4
page 18
D. The current situation
89.
The debate on this matter and the different measures that were taken at the governmental
and parliamentary level in the second part of the 1990s undermined the right to freedom of
religion or belief and raised serious concerns about religious intolerance. In particular, the
establishment of a list, as well as the awareness-raising policies that were carried out, raised
serious concerns in terms of freedom of religion or belief.
90.
Nevertheless, in the last few years the authorities have begun to take measures to redress
the balance. The Special Rapporteur notes in this regard the government instructions adopted in
May 2005 by the former Prime Minister Jean-Pierre Raffarin and which highlights, inter alia, the
somewhat inappropriate (peu pertinent) character of the list. She also noted the more balanced
approach to the phenomenon adopted by MIVILUDES.
91.
However, after she had completed her visit, it was reported to the Special Rapporteur
that, following a change in its staff, MIVILUDES was allegedly about to return to a more
hard-line position vis-à-vis the sectes.
VIII. FREEDOM OF RELIGION IN PRISONS
92.
During her mission, the Special Rapporteur gathered information on the status of
freedom of religion or belief in prisons and other detention facilities, including by visiting the
Prison des Baumettes in Marseilles. In this regard, the French authorities demonstrated a high
level of transparency and great cooperation. During the visit to the prison, the Special
Rapporteur met with various representatives of the prison personnel and a number of detainees
and prisoners from different religious backgrounds.
93.
While there were some complaints about the possibilities offered to inmates in order to
practise their religion, there was generally a level of satisfaction among them about the respect
for freedom of religion in the prison.
IX. CONCLUSIONS AND RECOMMENDATIONS
94.
The Special Rapporteur on freedom of religion or belief was impressed by the
expertise that exists in France on the issues relevant to her mandate. The visit was of the
highest interest because France is a unique model. However, the complexity of the
situation means that it is not easy to draw conclusions. Nevertheless, the Special
Rapporteur remains convinced that French society will be able to overcome the obstacles
as its commitment to fundamental rights runs deep and is the foundation of the Republic.
95.
The Special Rapporteur would first like to highlight that the Government of France
generally respects the right to freedom of religion or belief, as it is protected by the
international treaties to which France is a party. Furthermore, the strength of its judiciary
undoubtedly constitutes a guarantee of these main values. However, she wishes to highlight
a number of areas of concern.