[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Senate]
[Pages 29165-29166]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 29165]]

SENATE RESOLUTION 230--EXPRESSING THE SENSE OF THE SENATE WITH RESPECT 
  TO GOVERNMENT DISCRIMINATION IN GERMANY BASED ON RELIGION OR BELIEF

  Mr. ENZI (for himself and Ms. Landrieu) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 230

       Whereas government discrimination in Germany against 
     individuals and groups based on religion or belief violates 
     Germany's obligations under the Universal Declaration of 
     Human Rights, the International Covenant on Civil and 
     Political Rights, and the Helsinki Accords, which provide 
     that member states must ``recognize and respect the freedom 
     of the individual to profess and practice alone or in 
     community with others, religion or belief acting in 
     accordance with the dictates of his own conscience'';
       Whereas the 1993 through 1998 State Department Country 
     Reports on Human Rights Practices in Germany have disclosed 
     acts of Federal, State, and local government discrimination 
     in Germany against members of minority religious groups, 
     including Charismatic Christians, Muslims, Jehovah's 
     Witnesses, and Scientologists;
       Whereas State Department Human Rights Reports on Germany 
     have also disclosed acts of government discrimination against 
     United States citizens because of their religious beliefs;
       Whereas State Department Human Rights Reports on Germany 
     have disclosed discrimination based on religion or belief in 
     Germany in such forms as exclusion from government employment 
     and political parties; the use of ``sect-filters'' (required 
     declarations that a person or company is not affiliated with 
     a particular religious group) by government, businesses, 
     sports clubs, and other organizations; government-approved 
     boycotts and discrimination against businesses; and the 
     prevention of artists from performing or displaying their 
     works;
       Whereas United Nations reports have disclosed 
     discrimination based on religion or belief in Germany, and a 
     1997 report by the United Nations Special Rapporteur for 
     Religious Intolerance concluded that the Government of 
     Germany ``must implement a strategy to prevent intolerance in 
     the field of religion and belief'';
       Whereas the 1998 report of the State Department's Advisory 
     Committee on Religious Freedom Abroad warned that unless the 
     work of the German Government's Parliamentary Inquiry 
     Commission on ``so-called sects and psycho-groups'', which 
     investigated dozens of religious groups, including Mormons 
     and other minority Christian groups, ``focuses [its] work on 
     investigating illegal acts, [it] runs the risk of denying 
     individuals the right to freedom of religion or belief'', and 
     the Committee specifically reported that ``members of the 
     Church of Scientology and of a Christian charismatic church 
     have been subject to intense scrutiny by the Commission, and 
     several members have suffered harassment, discrimination, and 
     threats of violence''; and
       Whereas in 1997, a United States immigration judge granted 
     a German woman asylum in the United States, finding that she 
     had a well-founded fear of persecution based on her religious 
     beliefs if she returned to Germany: Now, therefore, be it
       Resolved, That the Senate--
       (1) urges the Government of Germany to uphold its 
     commitments to ``take effective measures to prevent and 
     eliminate discrimination against individuals or communities 
     on the grounds of religion or belief'' and ``foster a climate 
     of mutual tolerance and respect between believers of 
     different communities'', as required by the Organization on 
     Security and Cooperation in Europe's Vienna Concluding 
     Document of 1989;
       (2) urges the Government of Germany to enter into a 
     constructive dialogue with minority groups subject to 
     government discrimination based on religion or belief;
       (3) continues to hold the Government of Germany responsible 
     for protecting the right of freedom of religion or belief of 
     United States citizens who are living, performing, doing 
     business, or traveling in Germany; and
       (4) calls upon the President to assert the concern of the 
     United States Government to the Government of Germany 
     regarding government discrimination in Germany based on 
     religion or belief.

 Mr. ENZI. Mr. President, I rise to submit a resolution 
concerning religious discrimination in Germany with my colleague, the 
distinguished Senator from Louisiana, Ms. Landrieu. The resolution 
urges the German government to eliminate religious discrimination 
within its country because I believe, as a matter of general government 
policy, no religion or belief should be discriminated against. Anytime 
the government collects or allows businesses to collect and use 
information that marks an individual as being different, it is 
discriminatory and it is wrong. This is a human rights issue. An 
individual or a group should be allowed to worship in private without 
public repercussions.
  A letter sent to me from the Department of State in August, states 
``Wherever it may occur, discrimination against an individual or group 
is a fundamental human rights violation, and the United States 
government is still very concerned about incidents of discrimination in 
Germany.'' The Department of State Human Rights Reports on Germany have 
disclosed discrimination based on religion or belief in Germany in such 
forms as: exclusion from government employment and political parties; 
the use of ``sect-filters'' (required declarations that a person or 
company is not affiliated with a particular religious group) by 
government, businesses, sport clubs, and other organizations; 
government-approved boycotts and discrimination against businesses; 
and, the prevention of artists from performing or displaying their 
works.
  I also am aware of the possibilities of United States companies based 
in Germany being coerced by the German government to discriminate 
against American and other employees based on their beliefs. We have a 
number of German companies conducting business in the United States. I 
do not want to see these discriminatory practices imported to our 
country. This issue of government discrimination is not solely 
contained within the borders of Germany.
  The resolution is simple and straightforward. It urges the German 
government to enter into a constructive dialogue with minority groups 
subject to government discrimination based on religion or belief. The 
resolution also calls upon the president to assert the United States' 
concern to Germany regarding government discrimination based on 
religion or belief.
  If the goal of a world functioning under a flag of democratic freedom 
is to be realized, the leaders of the free world must set the example. 
Germany is a leader in the European and world communities. Germany also 
is a strong United States ally. It is my hope that the German 
government will allow its country men and women to be leaders of a free 
society where an individual's beliefs are the sole decision of the 
individual rather than a matter of state.
  Mr. President, I would like to submit for the Record a letter I sent 
to the Department of State on July 16, 1999 as well as the Department 
of State's response to my letter.
  The material follows:

                                         United States Senate,

                                    Washington, DC, July 16, 1999.
     Hon. Marc Grossman,
     Assistant Secretary of State for European Affairs, State 
         Department, Washington, DC.
       Dear Mr. Grossman: Over the past six years there has been a 
     steady increase in the number of religious freedom violations 
     in Germany. These violations have been noted in the State 
     Department Human Rights Country Reports on Germany and the 
     1998 report of the State Department Advisory Committee on 
     Religious Freedom. They have also been a matter of concern to 
     various human rights groups. All of these reports have 
     described both government and private sector discrimination 
     against individuals and groups, including American citizens, 
     because of their religious beliefs.
       Last November, several of my colleagues in the Senate and I 
     wrote to Chancellor Schroeder to express our concerns about 
     this discrimination and the need for dialogue between the 
     German Government and representatives of various religious 
     groups. When we finally received a reply to our inquiry from 
     the German Foreign Office in March, it was accompanied with a 
     copy of the ``Religious Freedom'' section of the 1998 State 
     Department Human Rights Report on Germany with a note stating 
     that the 1998 Report revised ``certain views found in former 
     reports.'' We were quite disappointed that the Foreign Office 
     reply largely ignored our concerns. While I do not share the 
     German view that the 1998 Human Rights Report signaled that 
     the State Department is no longer concerned with religious 
     discrimination in Germany, I find the German Government's 
     perception of the Report troubling.
       One religious group in Germany that has been the subject of 
     the State Department reports is the Christian Community in 
     Cologne

[[Page 29166]]

     (CCK), an 1,100 member Church headed by an American, Pastor 
     Terry Jones. The 1998 Report stated that virtually no 
     incidents of harassment, discrimination, or death threats 
     have been directed at CCK members since 1992. However, I have 
     seen statements from Pastor Jones, along with other reports 
     and news stories that indicate that the CCK has been the 
     subject of discrimination since 1992. Tax difficulties aside, 
     the CCK has been subject to harassment by government ``sect'' 
     commissions, threats of violence, and members being denied 
     jobs and child custody because of their Church affiliation. 
     The sources of these reports include the 1998 Interim Report 
     of the State Department Advisory Committee on Religious 
     Freedom Abroad; an April 1998 CNN Worldview story; the 
     testimony of a CCK representative at a September 1997 hearing 
     before the Commission on Security and Cooperation in Europe 
     (CSCE); and a May 1997 Report from the British House of 
     Lords. Also, in testimony before the CSCE in July 1998, a 
     representative from the Center for the Study of New Religious 
     Movements criticized Germany for police raids that have 
     occurred against small, independent Pentacostal churches. The 
     Universal Life Church has also suffered discrimination in 
     Germany. Press reports indicate that members of this 
     Christian Church lost their jobs, not because of any 
     wrongdoing, but because of their commitment to their faith.
       Another minority group that has been subject to significant 
     discrimination in Germany is the Church of Scientology and 
     its members. The documentation of discrimination against both 
     Americans and Germans based solely on their Church membership 
     seems irrefutable. I especially find the growing governmental 
     use and sponsorship of ``sect-filters'' disturbing. 
     Nonetheless, in spite of all this evidence and documentation, 
     the German Government seems to believe the State Department 
     has revised its views as to the existence of religious 
     discrimination in their country. I have also seen media 
     reports that characterized the 1998 Report as effectively 
     ending earlier State Department criticism of Germany for its 
     treatment of Scientologists.
       I cannot believe these characterizations of the Human 
     Rights Report are an accurate representation of the position 
     of the State Department on these matters. Clearly, the matter 
     of religious discrimination and persecution in Germany needs 
     to be reviewed and the position of the State Department 
     clarified. That review should include a thorough evaluation 
     of the problem, the extent to which the German government is 
     responsible for these actions, and a determination of the 
     appropriate response for these actions, and a determination 
     of the appropriate response of the United States Government 
     to this serious situation.
       As I mentioned earlier, the letter sent to Chancellor 
     Schroeder by my Senate colleagues and I expressed the belief 
     that an open and direct dialogue between the German 
     Government and minority religious groups was sorely needed. 
     In particular, I am aware that the State Department had 
     undertaken efforts to establish such a dialogue between the 
     German Government and the Church of Scientology. I applaud 
     this effort. Unfortunately, I understand that the German 
     Government has refused to enter into any such dialogue. Is 
     the State Department considering any steps it can take to 
     encourage such a discussion?
       Given Germany's strong commitment to democracy, I am 
     troubled by the continuing reports and the evidence of 
     government sponsored discrimination in Germany against 
     minority religious groups. For Germany to abide by its 
     international treaty commitments it must respect the beliefs 
     of all religious groups. At whatever level it occurs, it 
     remains the responsibility of the German Federal Government 
     to ensure that the entire country complies with its 
     international human rights treaty obligations. This should 
     especially be true when American citizens are involved.
       While I commend the efforts of the State Department to 
     address discrimination in Germany based on religion or 
     belief, it is very important for your Human Rights Country 
     Report on Germany to be clarified so that the position of the 
     State Department on this issue is unmistakably clear. I hope 
     to work with you to resolve these important issues and look 
     forward to your reply to my letter at your earliest 
     opportunity.
           Sincerely,
                                                  Michael B. Enzi,
     U.S. Senator.
                                  ____



                                     U.S. Department of State,

                                  Washington, DC, August 25, 1999.
     Hon. Michael B. Enzi,
     U.S. Senate.
       Dear Senator Enzi: Thank you for your July 16 letter 
     regarding religious freedom violations in Germany and the 
     State Department's 1998 Human Rights Report. I am responding 
     on behalf of Assistant Secretary Grossman. Your letter raises 
     several important issues concerning ongoing efforts at the 
     State Department to work with German officials and affected 
     minority groups to end discrimination in Germany based on 
     religion or belief. Wherever it may occur, discrimination 
     against an individual or group is a fundamental human rights 
     violation, and the United States Government is still very 
     concerned about incidents of discrimination in Germany. As 
     the past six years of Human Rights Reports indicate, 
     religious discrimination in Germany continues to take place 
     and the Department of State is committed to addressing issues 
     of religious intolerance.
       We, too, were puzzled with characterizations of the 1998 
     Human Rights Report as ending criticism of Germany. While we 
     would rather devote our time to working with the German 
     government on ways to end discrimination in Germany based on 
     religion or belief, it is also very important to express 
     criticism and concern with ongoing German discriminatory 
     actions and policies. This critical review is one of the 
     primary purposes of the annual Human Rights Report. To 
     interpret the 1998 Report's greater inclusion of German 
     government statements attacking minority groups and 
     rationalizing discriminatory acts and policies as State 
     Department agreement with such statements is wrong.
       Perception of the report aside, we are particularly 
     concerned with growing use of sect filters in Germany which 
     prevent a person from practicing his or her profession or 
     participating in public and private fora, solely based on 
     that person's religion or belief. This clearly discriminatory 
     practice is being used by the Federal Ministry of Economics, 
     state governments, private businesses and other organizations 
     in Germany. We have discussed with German state and federal 
     authorities the violation of individual rights posed by sect-
     filters and will continue our efforts to end the use of such 
     filters.
       On the subject of discrimination against the Evangelical 
     churches in Germany, specifically the Christian Community in 
     Cologne (CGK), U.S. Embassy personnel have met with two 
     associate pastors of the CGK. We have been unable to meet 
     with Pastor Jones, the leader of the church who testified 
     before the Commission on Security and Cooperation in Europe 
     in 1997 about discrimination. The two pastors interviewed did 
     describe incidents of religious discrimination in child 
     custody and employment situations. However, until we are able 
     to verify these allegations of discrimination, the State 
     Department is reluctant to include such examples in an 
     official report.
       Over the past year, State Department officials in 
     Washington and Germany have undertaken a determined effort to 
     bring together representatives of the Church of Scientology 
     with representatives of the German Federal Government to open 
     a dialogue on issues of concern. To our dismay, the German 
     Government has refused to meet with Scientology 
     representatives. Regardless of what the German Government 
     thinks about the nature and philosophy of Scientology, 
     refusal to enter into a constructive dialogue is troubling. 
     We will continue to press the German Government to take this 
     step.
       As your letter correctly states, Germany is obligated by 
     various international human rights treaties to respect the 
     freedom of an individual to worship alone or in community 
     with other religious or beliefs acting in accordance with the 
     dictates of his own conscience. And no matter at what level 
     discrimination occurs, it is the responsibility of the German 
     Federal Government to ensure that the entire country complies 
     with its international human rights treaty obligations. We 
     look forward to working with you and other Members of 
     Congress to that end in Germany.
       I hope our response has addressed your concerns. Please do 
     not hesitate to contact us if you have further questions 
     about this or any other matter.
           Sincerely,
                                                   Barbara Larkin,
     Assistant Secretary, Legislative Affairs.

                          ____________________