[Congressional Record (Bound Edition), Volume 147 (2001), Part 15]
[Extensions of Remarks]
[Pages 21950-21951]
[From the U.S. Government Publishing Office, www.gpo.gov]



                FRANCE'S LAW AFFECTS FREEDOM OF WORSHIP

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Wednesday, November 7, 2001

  Mr. SMITH of New Jersey. Mr. Speaker, today I take this opportunity 
to salute France's historic leadership in the defense of human rights. 
After the events of September 11th, as freedom-loving people wrestle 
with the scourge of terrorism, they will look to countries like France 
to see whether the torch of human rights is being held high. Therefore, 
mindful of France's historic work and current commitments to defend 
human rights, it was with remorse and surprise that I observed this 
summer the National Assembly's approval of the law for the ``Prevention 
and Repression of Cultic Movements.''
  As participating States of the Organization for Security and 
Cooperation in Europe (OSCE), France and the United States share the 
commitment and responsibility to observe and uphold religious freedom, 
including the right of the individual to profess and practice religion 
or belief. Through my work as Co-Chairman of the U.S. Helsinki 
Commission, I am alarmed by recent developments in Europe that impinge 
on this fundamental freedom. Recently, it would appear that certain 
OSCE friends and allies have forgotten that religious movements can 
play a positive role in society, providing impetus for important social 
change. For instance, the role of the Catholic Church in Poland during 
the cold war or the activism of some churches and religious leaders in 
the Southern United States during the Civil Rights Movement offered 
vital moral and ethical guidance and support.
  Mr. Speaker, particularly in Western Europe, we have observed an 
increase in laws calibrated specifically to target religious groups. 
The United States shares with Western Europe core values regarding 
human dignity and rights, and we gratefully acknowledge Western 
Europe's traditional openness toward religious minorities. However, the 
development of ``anti-cult '' laws threatens this tradition.
  At the same time, I understand and appreciate the dangers of criminal 
activity operating under the guise of religion. However, I strongly 
believe that any religious movement violating the rule of law should be 
prosecuted using mainstream law enforcement tools, as opposed to 
special laws or extra-judicial investigations not in harmony with the 
core values enshrined in the OSCE's Helsinki Final Act and other 
international documents regarding human dignity and rights. In sum, I 
am concerned about vaguely crafted government regulations against 
religious organizations and adherents that serve to foster intolerance 
against individuals because of their beliefs.
  In France, such a law entered into effect this summer.
  Provisions of the law, Mr. Speaker, provide governmental entities and 
private citizens the ability to apply civil and criminal sanctions 
against any so-called ``cult'' or its de facto leader. Other extensive 
powers include the removal of basic civic freedoms if an individual is 
found guilty of using ``techniques likely to alter judgment.'' Despite 
the law's obvious bent against minority faiths, its broad powers, 
combined with the vague wording, could permit arbitrary application and 
abuse.
  Overall, I find the creation of such a law, especially in a mature 
democracy like France, alarming and incongruent with the nation's long 
history of supporting human rights. I had the opportunity this past 
summer to meet with the President of the National Assembly, Mr. Raymond 
Forni, as well as one of the key author's of the bill, Mme. Catherine 
Picard, and shared with them these concerns. Considering France's 
position as a world leader, this domestic action will cause 
repercussions elsewhere, such as in emerging democracies which will 
have and look to French leadership on these matters.
  Often, the U.S. Government and Congress are criticized for 
``meddling'' in the internal affairs of another sovereign nation. I 
feel certain detractors in France will level the same argument. 
However, the OSCE Moscow Concluding Document (1991) speaks directly to 
this issue, declaring ``The participating State emphasize that issues 
relating to human rights, fundamental freedoms, democracy and the rule 
of law are of international concern, as respect for these rights and 
freedoms constitutes one of the foundations of international order. 
They categorically and irrevocably declare that the commitments 
undertaken in the field of the human dimension * * * are matters of 
direct and legitimate concern to all participating States and do not 
belong exclusively

[[Page 21951]]

to the internal affairs of the State concerned.'' [emphasis added]
  Mr. Speaker, religious believers in France have already offered 
concerns about the effects of the new French law on their right to 
profess and practice their faith in their own country. Statutes of this 
nature, which target individuals with unpopular belief systems, are 
antithetical to democracies in the twenty first century. Accordingly, I 
join them in urging French authorities to fully respect France's 
commitments as an OSCE participating State when implementing the new 
law.

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