E/CN.4/2006/5/Add.4 page 22 Notes 1 The word “laïcité” in French represents the principle of the separation of Church and State. Although it cannot be directly translated as secularism, its meaning is close. 2 The law refers to églises, which is “churches”. 3 The law on the separation of Church and State of 1905 does not apply to Guyana, Mayotte, Saint Pierre and Miquelon, French Polynesia, New Caledonia, Wallis and Futuna, Marquises Islands and in French Southern and Antarctic Territories. A regime of separation between the State and Church similar to that of the 1905 law applies in Guadeloupe, Martinique and in the Réunion Islands. 4 See note 1 above. 5 In a speech of 17 December 2003, President Jacques Chirac declared that “Secularism (laïcité) guarantees freedom of conscience. It protects the freedom to believe or not to believe. It guarantees everyone the possibility of expressing and practising their faith, peacefully and freely, without the threat of the imposition of other convictions or beliefs. It allows men and women from all corners of the globe, from all cultures, to be protected in their beliefs by the Republic and its institutions. Open and generous, the Republic is the place of choice for meetings and exchanges where everyone can give of their best to the national community. It is the neutrality of the public arena which permits the various religions to coexist harmoniously. Like all freedoms, freedom of expression of religious beliefs can be limited only by the freedom of the Other and observance of the rules of life in society. Religious freedom, which our country respects and protects, cannot be hijacked. It cannot undermine the common rule. It cannot impinge on the freedom of conviction of others. It is this subtle, precious and fragile balance, patiently built up over decades, which respect for the principle of secularism ensures. And this principle is an opportunity for France. This is why it is set down in Article 1 of our Constitution […]”. 6 Efforts have also been made in this regard by the French bishops, the French Protestant Federation, the National Jewish Board of France and the Council of French Jewish Institutions, the Conseil français du Culte Musulman and other Muslim organizations. 7 See note 1 above. 8 While there have been a number of decisions by such bodies, in particular the European Court of Human Rights, on similar questions, the Special Rapporteur will not engage in a comparative analysis but rather refer to the content of her report to the Commission on Human Rights at its sixty-second session (E/CN.4/2006/5, paras 36-60) in which she analyses generally the question of religious symbols. 9 The French word secte has a negative connotation and includes groups such as cults, but also certain new religious movements or communities of belief. Secte cannot be translated by the English word “sect”, which has a different meaning. -----