E/CN.4/1998/6/Add.2
page 24
reprehensible”. In this connection there is no need to emphasize that any
comparison between modern Germany and Nazi Germany is so shocking as to be
meaningless and puerile.
95.
According to the representatives of the groups and communities, with
the exception of those of the Church of Scientology, there is, strictly
speaking, no obstacle to the exercise of their activities. What they face
can be described rather as a climate of suspicion, or latent intolerance,
responsibility for which, in their view, lies with the major Churches, which
are anxious to preserve their dominant religious status and stem the loss of
members to other groups and communities in the field of religion and belief.
The major Churches allegedly use their influence with the State for this
purpose through its political and administrative institutions, and in
particular through public information campaigns on sects, assistance for
victims of sects and the Bundestag's Study Commission. This climate is
allegedly maintained by the popular press and sometimes reflected among
low-ranking civil servants. However, according to these same representatives,
by satisfying the demands of the major Churches in the areas referred to
above, the State is violating the principle of neutrality. In the view of the
Church of Scientology, in addition to the measures described the German State
practises a policy of discrimination against it, notably by denying its
religious nature and thus refusing to grant it the rights and advantages
linked to that status, such as tax exemption, and by applying discriminatory
measures such as placing it under surveillance, public information campaigns
on Scientology and measures to exclude it from society.
96.
On the question of competition between the major Churches and other
groups and communities in the sphere of religion or belief, the Special
Rapporteur believes there is a need for an ongoing dialogue to avoid
maintaining a climate of mistrust or even intolerance within society.
97.
In this respect, it is worth mentioning that information should be
expanded and diversified. It is only normal for the State to make available
to the public information which is objective and as comprehensive as possible,
so as to guard it against anything that might undermine its freedom of choice
or expose it to unnecessary risks, on the understanding that the right to
employ legal means must be preserved and guaranteed to all, particularly those
who believe that their interests have been harmed by unsubstantiated or
incorrect information.
98.
Conducting public information and education campaigns untouched by any
form of ideological or partisan indoctrination is one of the proper functions
of any contemporary State. The State's obligation to remain neutral applies
to the content of the information, which should not be discriminatory,
defamatory or slanderous. As has been pointed out in Part II. C, the State's
legitimate role in informing and educating citizens has to be performed within
precise limits (principles of necessity, fair balance, equity, and value
judgements based on facts that have been properly and fairly assessed) and in
conformity with the law. In any event, remedies must remain available to
individuals and groups wishing to dispute the content of official information
and, where necessary, oppose its dissemination.