E/CN.4/1998/6/Add.2
page 13
and from the groups and communities concerned, both those long established in
Germany (Mormons, Jehovah's Witnesses, etc.) and those that are of more recent
origin (Unification Church, etc.).
54.
The representatives of the Study Commission explained that it had been
set up on the basis of article 4 of the Constitution, following complaints by
victims and parents of victims of sects and psycho-groups, and by religious
organizations not wishing to be equated with the groups and communities
complained of.
55.
It was stated that the Commission's work gave rise to misunderstandings
in these groups and communities, which felt themselves to be under pressure
because of the Commission's very existence and the lack of understanding of
its mandate. It was pointed out that the Commission's task was not to limit
religious freedom, to pass value judgements or to define religions, but, on
the contrary, whatever the religion or belief, to protect human rights by
collecting and analysing information on possible dangers from sects and
psycho-groups. It also had to take the heat out of the debate on sects and
psycho-groups by ensuring more open information on the subject and to make
recommendations to Parliament.
56.
The federal and Land authorities explained that they had been confronted
since the mid-1970s with the phenomenon of what are known as sects of young
people and sectarian groups. The State's intervention is due, on the one
hand, to a revival in these groups' activities and, on the other, to
complaints by the public about negative experiences in this area. The focus
of concern is the potential danger that these groups could represent for
adolescents' personal development and social relations, leading to their
dropping out of school and vocational training, radical changes in
personality, individual forms of dependence, lack of initiative and
difficulties of communication, often aggravated by the group structure
characteristic of certain communities, but also to material losses (of a
financial nature) and psychosocial harm.
57.
To draw attention to the potential dangers, both for the individual and
for society, the Federal Government has launched a large-scale information and
education campaign designed to increase public awareness and stimulate a
critical discussion on what the sects and sectarian groups have to offer.
58.
It was added that the obligation to be neutral did not mean that the
State was obliged to accept, without reacting, everything done in the name of
an alleged religious or philosophical belief, particularly as far as criminal
proceedings were concerned. Reference is made here to intervention by the
State outside the freedom of religion and belief or within the limits of
manifestations of these freedoms (as described in part I. A and B). The
State's obligation to be neutral applies to information produced by the
authorities on the groups and communities in question, that is, objectivity of
information (see I. B). The authorities explained that the information
collected by the State - issued, for example, in the form of pamphlets for the
public - combined information from sects and sectarian groups and information
on the groups. If there is any question about this information, any
interested party can take the matter to court. For example, the Community of
Universal Life lodged a complaint in 1993 against the information given