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Sectarian Aberrations Report to the Prime Minister SECTARIAN ABERRATIONS 2003 Interministerial Mission of Vigilance and Combat against Sectarian Aberrations - MIVILUDES - 2 INTRODUCTION Decree No. 2002-1392 November 28, 2002 Art. 6 : “The mission chairman shall determine each year, after consultation with the executive committee and the Orientation Council, the program of mission activities. He shall prepare, in the same way, an annual activity report to be submitted to the Prime Minister and made available to the public.” The present report, for the year 2003, will not attempt to list all movements, but will point out sectarian aberrations. This new approach is not a departure from the existing consensus in France that individuals and public order are to be protected from such activities. It emphasizes that the object of our battle is not the doctrine, but the act, since that has always been at the heart of the French conception of public liberties. The VIVIEN Report, and the work of the parliamentary inquiries, led to the creation in 1996 of an Observatory, and then to a first inter-ministerial mission -MILS- in 1998. This was followed, in 2002, by MIVILUDES, with a double objective of vigilance and combat. It consists of three bodies: a permanent general secretariat; an executive committee formed of the main ministries concerned; and an Orientation Council composed of thirty qualified individuals, deputies, academics, government functionaries, and representatives of economic and social groups. The chair of these three bodies is required to submit an annual report to the Prime Minister. This report, for 2003, is composed of two sections presenting the main missions and orientations adopted. Thank you in advance for your interest. Jean-Louis LANGLAIS Administration Inspector General January 2004 3 PART ONE MISSIONS Decree No. 2002-1392 November 28, 20021 Article 1 – An Interministerial mission is hereby created, responsible to the Prime Minister, charged with vigilance and combat against sectarian aberrations, and: 1° Observing and analyzing the phenomenon of sectarian movements whose practices are prejudicial to human rights and basic liberties, constitute a menace to public order, or are in conflict with existing laws and regulations; 2° Favoring, in the respect of public liberties, the coordination of preventive and repressive action by the authorities against such practices; 3° Developing the exchange of information between public services on administrative practices relating to the combat against sectarian aberrations; 4° Contributing to the informing and training of public agents in this area; 5° Informing the public about the risks and, in some cases, the dangers, arising from sectarian aberrations, and facilitating the implementation of actions to aid the victims of such practices; 6° Participating in activities relating to issues falling within its scope undertaken at the international level by the ministry of foreign affairs. From MILS to MIVILUDES 1 APPENDIX n°1 4 Rather than giving a legal definition of what constitutes a sect, the law condemns all practices which are prejudicial to human rights and fundamental liberties, or are a threat to public order. The About-Picard law in 2001 redefined the offense of fraudulent abuse of weakness. This calls for various types of action. The action of the judge, who is not only the guardian of our liberties, but also the protector of individuals against physical and psychological subjection. The action of the administrator, who is responsible for setting up adequate surveillance and preventive measures. The action of the social worker, who detects such dangers and come to the aid of victims. These define the geography of sectarian aberrations. This report can thus identify a certain number of practices sanctioned by the law or reported to the legal authorities. By focusing on reprehensible, risk-creating, or dangerous practices, MIVILUDES fulfills its first mission, which is one of analysis and observation, while avoiding the opposing pitfalls of excessive optimism and diabolization. The goal of one of the following chapters is to alert the public to the particular risks observed in the fields of professional education and health care. Dramatic examples of denial of health care, the debate on the regulation of psychotherapy, and projected commissions of inquiry on professional education all testify to the relevance of these questions. Another of the objectives assigned to the Mission is to develop the exchange of information and make it available to the general public. Newsletters, brochures and other documents, web sites, and media contacts all contribute to this goal. The constant aim, in this case as well, is to be sufficiently informative to alert public opinion to the existing dangers without arousing excessive fear. The training of public servants is a permanent task, given personnel turnover and the variety of practices. All three sectors of government are concerned. MIVILUDES brings its expertise to the training of the trainers; it provides guidelines; it participates in conferences. But each administration must invest in the task. The action of local authorities is particularly essential. The Mission aims to better support these efforts. Finally, there is a chapter on the international dimension. The French approach turns out to be relatively exceptional. We thus have an obligation to defend and illustrate it to our partners, stressing its democratic and balanced character. MIVILUDES has undertaken to do this, in liaison with the services of the Quai d’Orsay, by hosting foreign delegations, making visits abroad, and participating in international meetings where we have been able to observe that the French position is now well understood. Given that different government departments are involved, coordination is necessary. The executive committee2 of MIVILUDES which groups fifteen central administrative departments, is the main locus of this coordination. Even though the concert is polyphonic, it must avoid dissonance. Likewise, the Orientation Council expresses various points of view, and all need to be heard. This is the responsibility of the chairman, whose role is to guarantee the equilibrium of the whole. 2 See APPENDIX 2, for the order of March 3, 2003 concerning the composition of CEPO. 5 1 – ANALYZING ABERRATIONS The notion of a sectarian aberration On November 28, 2002, the Interministerial Mission for Vigilance and Combat against Sectarian Aberrations, MIVILUDES, replaced the Interministerial Mission of Combat against Sects, MILS. The government thus strongly affirmed its intention to continue the action undertaken since the creation of the Interministerial Observatory and to develop it by focusing, not on doctrines or beliefs, but on harmful acts and abusive behavior. The decree of November 28, 2002 does not define what a sectarian aberration is. It entrusts to the new Interministerial mission the task of “observing and analyzing the phenomenon of sectarian movements whose behavior and actions are prejudicial to human rights and basic freedoms, constitute a menace to law and order, or violate statutes and regulations”. In the absence of specific criteria to designate what falls under the label of sectarian activity, the temptation for some is strong to deny that any such thing exists, while others are too ready to overextend its scope and frequency. Thus, for some, the list of sects adopted by the parliamentary commission of inquiry in 1996 is a sufficient criterion for considering a movement or community as a sect. Others, judging that this list no longer corresponds to present-day reality and has no normative value, think its use should be abandoned. Faced with such opposing viewpoints, a conceptual problem and the absence of a list of specific offenses, administrations had to sharpen their criteria for analyzing the phenomenon. It was natural in such a situation to resort to “common law”, as well as the information contained in the parliamentary reports of 1996 and 1999, and in particular the criteria of dangerousness mentioned there. I - Administrative approaches 6 Lacking any specific description of offenses, and unable to rely on a genuine sociology of sectarian aberrations, government administrations were led to deal with the problem pragmatically. Absence of specific offenses Respectful of all beliefs, faithful to the principle of secularity, recognizing no religion, the legislator has always refused to define what counts as a religion. For the same reasons, he has not defined the notion of a “sect” or a sectarian aberration. In the absence of such a legal base, public agents and services have had to navigate between an overly narrow approach, based on the single criterion of violation of the law, and an approach in terms of potential risk, no doubt too broad. The task has not been any easier for judges dealing with movements or sectarian aberrations for which common law furnished no definition. To be sure, in 2001, the legislator modified the definition of abuse of weakness by extending it to the situations of physical or psychological subjection characteristic of sectarian domination, but no significant jurisprudence has yet developed. The inadequacy of sociological studies In France, sociological studies on the question of sectarian aberration are not numerous. Sociologists have been mainly interested in the relations between the state and “ socially contested religious and intellectual movements” and in anything which might constitute a form of intolerance or
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