E/CN.4/1998/6/Add.2
page 22
tradition of tolerance which, notwithstanding certain vicissitudes, is no less
real. It is within, and thanks to, this overall framework that freedom of
religion and freedom of belief can and do express themselves.
87.
Where religious minorities are concerned, the Jewish community is
generally satisfied with its situation and sometimes goes so far as to
describe it as privileged in comparison with that in other democratic
countries.
88.
The Jewish community is able to flourish as a religious minority and
enjoys very active political, institutional and financial support from the
State. Not only have the German authorities adopted and implemented an
immigration policy that is favourable to the arrival of Jews from the
former USSR, to ensure the continued existence of the Jewish communities in
Germany, but they also keep a very close watch on any manifestations of
hostility towards the Jewish community.
89.
The situation of the Muslim minority is markedly less favourable,
although on the whole it is not unsatisfactory. Many Muslims in Germany are
concerned about a number of issues and problems.
90.
The first issue is granting of the status of legal person in public law
which Muslims have applied for but not yet obtained. Admittedly, the fact
that they do not enjoy this status in no way means that Muslims are denied the
constitutional guarantees applicable to religion. However, this status makes
it possible to institutionalize a form of cooperation with the State with the
common aim of dealing with the same group of people. In conformity with
article 140 of the Constitution and with German case law, the Muslim community
satisfies the criteria regarding its statute, the size of its membership, the
guarantee of permanence and respect for the legal order of the State. In view
of the pragmatic approach to this issue shown by German officials during the
Special Rapporteur's visit, and as it is not possible to treat Islam in the
same way as a Christian Church or for it to be represented by an authority,
the Special Rapporteur believes that it would be useful to hold broad
consultations with Muslim organizations with a view to granting the status of
legal person in public law to those that agree to cooperate with the State.
This would create a momentum vis-à-vis the other organizations and it would be
spelled out that a distinction between a legal person in public law and
community with the status and advantages of a legal person in public law might
usefully be envisaged. Practical, pragmatic, and hence operational solutions
cannot be excluded unless they have been actively sought, tried out or
desired.
91.
In view of the wish to introduce the teaching of Islam into State
schools in order to provide genuine religious instruction free from
indoctrination and regimentation, granting public status, or at least its
equivalent, would be extremely useful. This legal status, together with the
rights and advantages associated with it (which include public funding), would
enable the Muslim minority to enjoy greater independence from foreign
influence. It would offer a better guarantee that the teaching of Islam would
convey values of tolerance and openness towards religious diversity and would
ultimately ensure better integration of Muslims within German society, thereby
halting any drift towards exclusion or isolation. This necessary integration