E/CN.4/1998/6/Add.2
page 23
of Muslims, as distinct from assimilation, would be an essential tool in
resolving difficulties, such as the occasional opposition between part of the
population and Muslims over plans to build mosques and other Muslim religious
activities. Nevertheless, the image of Muslims among broad fringes of German
public opinion is often negative. This is often attributable to a certain
sector of the popular press which seeks sensationalism at any price and often,
and almost implicitly, assimilates Muslims with extremists or even terrorists.
This injustice towards Muslims tends to make problems more complex. The
authorities are responsible for protecting the Muslim minority, for helping to
combat this iniquitous portrayal of Muslims and for tackling the
manifestations of hatred or intolerance towards them that occasionally marked
the early years of this decade. Efforts to combat the ignorance propagated by
a certain sector of the popular press and to strengthen education in tolerance
could constitute priorities in this sphere.
92.
As to other groups and communities in the field of religion and belief
and the Church of Scientology, the Special Rapporteur wishes first of all to
recall the relevant international law and jurisprudence.
93.
In its general comment 22 of 20 July 1993 concerning article 18 of the
International Covenant on Civil and Political Rights, the Human Rights
Committee stated that the right to freedom of thought, conscience and religion
is far-reaching and profound. It observed that freedom of thought and freedom
of conscience were protected equally with the freedom of religion and belief.
The fundamental character of those freedoms was also reflected in the fact
that the provision could not be derogated from, even in time of public
emergency, as stated in article 4, paragraph 2, of the Covenant. The
Committee also emphasized that restrictions on the freedom to manifest
religion or belief were permitted only if limitations were prescribed by law
and necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others, and that they must not be applied
in a manner that would vitiate freedom of thought, conscience and religion.
The Committee also considered that the “limitations may be applied only for
those purposes for which they were prescribed and must be directly related and
proportionate to the specific need on which they are predicated. Restrictions
may not be imposed for discriminatory purposes or applied in a discriminatory
manner”. The Special Rapporteur also wishes to point out that international
law provides no legal definition of the concept of religion and that the
international human rights instruments make no reference to the concepts of
sects or psycho-groups.
94.
Against the background of a highly emotional international debate on
sects or new religious movements, a debate which is not without interest for
all the parties concerned, there is, as the Jehovah's Witnesses and the
Mormons have observed, total confusion in which all groups and communities in
the field of religion and belief are generally considered to be dangerous and
using religion for other ends, whether financial or criminal. This confusion
generates a climate of suspicion or even manifest or latent intolerance within
society. In this regard, numerous representatives of groups and communities
emphasized that the use of the terms “persecution”, “official State policy of
discrimination”, “religious apartheid” and any comparison or parallel with
Nazism to describe the situation in Germany in the field of religion and
belief was “shocking”, “inappropriate”, “false”, “unworthy” and “highly