Miviludes — Report of the French Inter-Ministerial Mission (2001)

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INTER-MINISTERIAL ANTI-CULT MISSION

2001 REPORT

Resolution of the European Parliament on the state of fundamental human rights in the European Union (5 July 2001)

The European Parliament recommends that Member States pay particular attention to the - at times illegal or criminal - activities of certain cults that jeopardise the physical or psychological integrity of individuals, in particular:

Initiating information and awareness campaigns by specialised independent organisations involved in safeguarding human rights so that everyone may decide whether or not to join or leave a religious or spiritual movement,

drafting adequate legal, fiscal and penal provisions to thwart illegal actions by certain cults.

(point 49 of the Resolution) CONTENTS

p. 3 INTRODUCTION

p. 7 SUMMARY OF THE FIRST THREE YEARS OF ACTION BY THE INTERMINISTERIAL ANTI-CULT MISSION (MILS)

p.24 RELATIONS WITH MINISTRIES

p.36 FUNCTIONING OF THE SURVEILLANCE COMMITTEES

p. 43 MILS PUBLICATIONS

p. 46 THE EUROPEAN AND INTERNATIONAL BACKGROUND

-p.47

Cults and international relations

-p.49

Work group on the illegal activity of cults in Europe(June 2001)

-p.52

Third report by the State Department of the United States of America

-p.54

Information provided by France to the United Nations special rapporteur

-p.64

European parliamentary assemblies

p. 68 HUMAN RIGHTS AND THE RIGHTS OF THE CHILD

p.71 OVERSEAS TERRITORIES (DÉPARTEMENTS AND LOCAL AUTHORITIES)

p. 80 THE ABOUT-PICARD LAW

p. 84 PROFESSIONAL TRAINING

p. 90 STUDY Cult abuse in the fields of health care, medicine and the social services

p.109 APPENDICES INTRODUCTION

2001 was the third year of action by the MILS. It was marked by a major legislative action - the passing of the About-Picard Law following a long period of consultation in both the National Assembly and the Senate. This report contains a brief analysis of the major provisions of this law, a particular feature of which is that it was passed by Parliament virtually unanimously. Far from being a "French exception", it is in line with similar initiatives taken elsewhere - for instance, the abolition of "religious privilege", which was often abused by cults in the past, in the Federal German Republic. This was passed in the Bundestag with support from German Catholics and Protestants alike.

As far as the law governing associations is concerned, the Mission's Policy Council regrets to note that the centenary of the law of 1901 was not marked by the introduction in this founding text of an obligation of democratic management (General Meeting and election of directors) on the part of associations with corporate body status. This would be in line with similar provisions already existing in the legislation of many European countries.

It would appear that cult proselytism remains at a low ebb in France, reflecting general public vigilance in relation to cults and the measures taken by the public authorities. Information from the surveillance committees set up pursuant to the Ministry of the Interior's Circulars of 1997 and 1999 appears to confirm this positive trend noted in the 2000 report.

Although this is gratifying, it requires corroboration in the years ahead. The fact that cults have many varied faces calls for utmost caution in respect of the forms in which it may appear or reappear at any time. In addition, it would appear that the tragic events in the United States in September will in the long run make the US more wary in respect of movements that have set up their headquarters in the country and justify carrying out their activities (which would be punishable by law in Europe) under cover of a particularly lax interpretation of the US constitution's first amendment.

Regarding the prevention of economic and financial criminality, a frequent occurrence among cults, the MILS is heartened by the forthcoming creation of new supplementary units in Lille and Fort-de-France (four are already operational - in Paris, Lyon, Marseille and Bastia).

It would now be opportune to consider implementing a legislative measure making it possible to handle these matters in collaboration with existing institutions already involved in combating financial criminality and terrorism.

The Mission is also gratified by the announcement by the Minister of Justice of the imminent creation of a public health unit in Paris. The employment of specialist magistrates constitutes a new step. It will no doubt be a decisive factor in reinforcing action by the judicial powers in these sensitive areas where charlatanism and Mafia-style practices co-exist and intermingle.

At the judicial level, the Mission notes with interest the first referral to the criminal courts of a movement reputed to be a cult (Association spirituelle de l'Eglise de scientologie d'Ile-de-France - Spiritual Association of the Church of Scientology in the Ile-de-France), pursuant to provisions which, under the new Penal Code, make it possible to charge both corporate bodies and private individuals.

As regards a new type of threat, the Mission addressed the use of "adwords", hidden words that refer users to a given Internet site. It has advised the competent Ministers of a cult window opened via sites containing electronic games for children, which are currently all the rage.

These methods of propaganda that target young people have already been used on other occasions, with particular reference to the word "drugs". We would like to see the bodies responsible for the protection of young people undertake an enquiry and if necessary examine the possibility of taking action against unacceptable practices.

Having received information on attempts by subsidiaries of several cult movements to penetrate government departments through the IT markets or sale of services, the Mission contacted the relevant government bodies so that the necessary precautionary measures may be taken, in line with those which other European states have adopted when confronted with the same issues.

Following the laws on decentralisation, local authorities have specific responsibilities in health and social services, in particular the General Councils in each departement whose chairmen are, for example, responsible for the care of children removed from parental control by court order.

The Mission will of course pay close attention to the initiatives taken by local authorities in combating threats from cults. In 2001, it supported a global training and information programme for staff in the fields of health and social services in the Loiret region. This experiment was undertaken by a member of parliament who is also a member of the Mission's Policy Council. It also monitored the setting up of a general network for surveillance and information in Seine-et-Marne with the support of the General Council and the major towns in the region, on the initiative of the CCMM (Centre de documentation, d'éducation et d'action contre les manipulations mentales - Centre for Documentation, Education and Action against psychological manipulation).

It will also closely monitor the implementation of similar initiatives in other metropolitan areas, such as the Somme, and in certain overseas departments where general and regional councillors have opted to work with the support of the UNADFI (Union nationale des associations de defense de la famille et de l'individu - National Union of Associations for protecting the family and the individual) and the CCMM.

As in the past, the Mission had extensive, fruitful contact with the major associations involved in countering threats from cults during the year.

It holds regular meetings with the FECRIS (Fedération europeenne des centres de recherche et d'information sur le sectarisme - European Federation of Centres for Research and Information on Cults) which now comprises 37 associations or delegations in Europe. The composition of the FECRIS committee reflects its growing audience: a Belgian Chairman, English and Catalan Vice-Chairmen, a French General Secretary and an Austrian Treasurer.

The two major national associations, the CCMM and the UNADFI, went through a difficult period in the year, when their Chairmen were replaced. Both reiterated their specific features: assistance and support for victims of cults on the one hand and research into the cult phenomenon and reaction from constitutional states on the other. Since this year they have national offices in accordance with the rapid growth in their activities. Several ministerial departments have granted them aid, mostly for joint projects. The MILS attended their congresses, general meetings and training sessions whenever it was invited to do so. On each overseas visit, it met local rapporteurs from the major national associations and shared its own ideas with them.

The MILS notes that these associations, and some others that are smaller or have more limited objectives, now carry out a real public service mission and comprise two associative pillars inextricably linked with the action of the authorities in their own field of competence.

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The Policy Council met five times in 2001, under the auspices of the Chairman; the Operations Group, generally convened by the Secretary General, met mostly in restricted session.

The logistics of the Report and the various phases of its production were discussed at several meetings of the Policy Council. The Operations Group handled the co-ordination of the various departments; this involved issues of general interest and topical matters.

There was a significant increase in the tasks of the Mission's permanent team, relating to internal requests (from ministries, government bodies, the economic sector, national local authorities, corporate bodies and individuals). At international level, the pioneering role played by France- along with some other European Union Member States - in this field resulted in increased requests for intervention by bodies outside the country (European Parliament, United Nations and UN bodies such as ECOSOC 1 , OSCE 2 , and international seminars). The first informal gathering of EU member state institutions responsible for cult-related issues was held in Paris in June. It was a great success and it is likely that similar initiatives will be taken by other member states in 2001.

Finally, in accordance with the recommendations of its Policy Council, the Mission stepped up its presence abroad, not only in the overseas departments but also for the first time in New Caledonia. A separate chapter in the 2001 report provides details of this.

As far as its resources are concerned, the Mission had to act this year with fewer resources than last year. This situation should be rectified as part of the budget for 2002. Regarding human resources, it had to function without a general secretariat for six months and the third typist included in the budget has still not been appointed. This situation cannot continue without becoming a serious handicap to the Mission's fourteen employees, who are taking on increasing responsibilities and whose dedication enables us to respond to the challenges posed by the wide range of cult actions.

SUMMARY OF THE FIRST THREE YEARS OF ACTION BY THE INTER-MINISTERIAL ANTI- CULT MISSION (MILS) Since it was set up three years ago, the Mission has acquired expertise founded on both extensive documentation, which has been checked and confirmed, and regular information resulting mainly from the work of departmental and regional surveillance committees.

For their part, cult movements publish copious amounts of material. Even their foreign publications are increasingly well known in France. They issue their upper echelons with so-called confidential "instructions". In many cases, when members start to question the role they are being asked to play, they have no hesitation in divulging these instructions publicly, sending them anonymously by mail or placing them on Internet sites.

In the end victims of the siege mentality common to all totalitarian movements, be they political or pseudo-religious, cults unintentionally "discover" their allies. For instance, when we read in the latest report from the US Congress on Religious Freedom in the World how disgraceful it is that France has not granted religious minority status to Scientology, the Raelian movement, the Mandarom or the Order of the Temple of the Sun, it is probably fair to assume that the editors of this patchwork which calls itself a report include some followers that have infiltrated the system.

The same applies to some - no doubt unwitting - slips that are nevertheless revealing. One information article uses terms that are part of a cult's internal jargon 3 . It also - knowingly or otherwise - uses the wording of the editorials in the cult's publications and does not reveal the sources. This system of information is common to many cult movements: start with a real fact, embroider it to twist its meaning, taking care to use the conditional tense so as to avoid the risk of being sued for libel.

Cults that betray their nature and objectives in this way are obliged to seek out external support and take advantage of circumstances to break the circle of civil vigilance to which they have unwittingly contributed and by which they feel themselves to be unfortunately restricted.

Before giving further details of certain aspects of this, the Mission believes it is useful to examine the state of cult movements in France in the first year of the 2 1s t century.

Statistically, it is becoming increasingly easy to identify cults - of course, estimating their number and the number of their followers only involves making a rough count. This is because the followers appear on many occasions and the demonstrations in which they take part make them visible. But it would be pointless to limit the quantitative assessment of followers only to active members. We need to take account of those they influence or those that are, or have been, their victims.

For instance, the people involved in the various cult movements number approximately 500,000 in France. This figure has not changed significantly in twenty years and so reflects an overall stagnation in proselytism, or even a slight fall. The higher number of cases involving cults currently before the Courts should not lead to an error in assessment. In reality, it is greater public vigilance and increased attention from the judicial authorities that explain why, over the same period, the number of cult offences brought to court has increased from a few dozen in the eighties to several hundred at the beginning of this century.

Among the people involved, we must of course make a distinction between victims whether or not they are former followers, and active converts. There are some 400,000 active converts, the vast majority of whom are adults - but there are exceptions, in particular in movements that exploit parental authority to the detriment of children's rights.

Cult membership is roughly balanced between men and women, although there are a higher number of women in pseudo-therapeutic cults and a higher number of men in movements involving pseudo-training.

The 400,000 followers cannot be listed without making some distinctions. In its first report in 1999, the MILS stipulated the scope of its brief by defining the meaning of the word "cult". It is useful to provide a reminder of this definition: a group or association, with a totalitarian structure, which may or may not state religious objectives, the behaviour of which undermines human rights and social equilibrium. It is therefore very clearly the behaviour, not the doctrine, of any given movement which is subject to scrutiny. Of course, the Mission does consider the philosophical or religious stand taken by these movements 4 . It is not possible to understand the causes of a type of behaviour without knowing the teachings stemming directly from the ideas of the founding guru and his successors. By way of example, the writings of Ron Hubbard amply explain the methods used by the cult within companies and institutions and the pressure that it attempts to apply in order to silence all those who publicly reveal its social behaviour. Examples were found in the above-mentioned report.

The study of behaviour resulted in the Mission dividing the movements in question into three major categories. By way of a reminder, these are as follows:

absolute cults, movements that aim to replace generally accepted values with counter-values which challenge the founding principles of any democracy and human rights enshrined in Declarations (the French Declaration of 1789 and the Universal and European Declarations) and Conventions (such as the International Convention on the Rights of the Child).

There are few absolute cults and they involve a small number of militants, contrary to what is claimed by their spokespersons. Their nuisance value lies much more in the methods they use - including unobtrusive penetration of the social fabric - than in their number of followers. Scientology unwittingly revealed this when it organised a demonstration in Paris in October 2000. This was intended to be a large-scale international affair. With barely 1500 people taking part, mainly from the United States, Canada, Denmark (the location of Scientology's European head office) and Sweden, the scientology demonstration eventually only attracted 400 French people from all regions of France. Scientology claims to have 20,000 members in the Paris region alone (some newspapers naively repeat this "statistic" year after year).

Likewise, in November 2001, a demonstration of some 200 people protesting against Scientology took place in front of one of its buildings in the 17th arrondissement in Paris. The cult was able to quickly assemble only a few dozen followers to try to form a counter-demonstration.

In the opinion of the MILS, a second category of cults includes groups with very diverse ideological bases (religious, philosophical, therapeutic or commercial), which cannot be included among absolute cults but some of whose actions are unacceptable insofar as they challenge fundamental human rights.

While there can be no dialogue with absolute cults, since it would simply imply acceptance by the authorities of all their counter-values, so dialogue with these movements as a whole seems acceptable.

This involves distinguishing which aspects of their behaviour are questionable, making them aware of this and continuing to demand observance of the law. This is a difficult task that the Mission has never ceased to perform since its inception. For instance, it has been able to achieve some progress involving both compliance with law number 9 7-1 0 1 95 by Jehovah's Witnesses and the cessation of proselytism in educational institutions by an ambiguous movement of Asian origin, which is nonetheless still subject to other forms of vigilance.

This category includes Jehovah's Witnesses, who alone make up almost two-thirds of identified cult followers in metropolitan France and the overseas departements (some 250,000 followers, often recruited in socially deprived areas through a systematic policy of door-to-door calls).

The section on health matters includes information relating more specifically to the diverse instructions this movement issues to its followers in respect of blood transfusions. Likewise, the Mission continues to closely monitor breaches of the respect due to any person wishing to leave a specific movement 6 , who may not be considered as a renegade because of this or suffer various forms of harassment forbidden under criminal law.

The third category also only covers a small number of converts yet represents the majority of movements of very diverse origins and tendencies which the general public or some of the victims' organisations regard as cults, but which have not yet been subject to any academic study, or for which studies have only been undertaken by followers or sympathisers of the movement itself.

As regards these movements, the Mission recommended, and still recommends, a cautious policy: non-intervention without premature stigmatisation. With the progress in research thanks to academic studies it is now possible to throw some light on a number of local, smaller movements and on more extensive groups. An example is the anthroposophic "galaxy", the subject of research recently undertaken by the anthropologist Paul Ariès 7

It is clear that in this final category, doing the groundwork will take longer. It would be appropriate for the studies currently under way on the problem of cults to give priority to this. Gradually building up extensive, multi-disciplinary documentation appears essential. Such research would certainly be of more use than some works of dubious scientific value or studies reflecting an extraordinary degree of complacency.

Unlike philosophical and religious movements which offer a view of the world or paths that are strictly speaking religious - linking humans inter se or linking people to the sacred - cults do not really trouble themselves with metaphysics. Religious self-proclamation, although often advocated by most absolute cults, does not lead to practising a religion. Of course, leaders of the movement do not hesitate to use titles borrowed from religious terminology, such as reverend or bishop. But ceremonies are rarely organised (except to serve the needs of the cause, when the cult needs to publish photographs of a service). When they are organised, access is strictly restricted.

Among the movements whose behaviour resembles that of cults, there are buildings that are claimed to be church premises. They are sometimes finished in a matter of days, even before building permits are issued (as was the case for the Mandarom). But the "church activities" practised in these premises are only accessible on certain occasions (open days) or with close monitoring of visitors similar to what is seen in certain fundamentalist churches. And what are we to make of the rites of the Raelian religion, which is a manifestly atheist movement?

In actual fact, cult activity goes well beyond the convenient mask of religion. Analysis of the cases handled by the Mission confirms its initial impression. 80% of the activities of cult movements are conducted in two areas still inadequately covered by the law and regulations: continuous education and pseudo-therapies (including pseudo-psychotherapeutic activities).

In the first case, the aim is the mass of loans, renewed each year by institutions and companies. There are also considerable trade-offs: knowledge of the company, its salaried employees (on whom completely illegal individual files are drawn up in secret), information gathered indirectly on the company's strategic plan, its customer network or the research in which it is involved.

Salaried employees and managers of human resources have on several occasions noted the bizarre, if not grotesque, character of some training programmes offered by training firms that can be considered as true subsidiaries 8 .

In addition, in certain cases abnormal training methods appear to be in line with a strategy of getting to know the company through the very reactions of those who experience them and protest against their use (ability to resist infiltration, the degree of solidarity among those protesting against them, lists of non-protestors, and ground given for disputing the methods used).

When, in addition to the training offered, the cult succeeds in infiltrating a company by other means, it benefits greatly. Several transnational cult movements have also established IT companies headed by competent cult leaders, without any direct link to the movement behind their activity. So efforts to gain a market begin. Insofar as the senior staff of the subsidiary obtain their personal resources from within the cult itself, it is not too difficult to submit applications which say as little as possible and eventually to be appointed. The penetration of the company is then complete. In some exceptional cases this leads to the downfall of the company and its liquidation. More generally it leads to the use of its skills and resources to eventually gain substantial advantages in terms of both influence and financial resources (when the cult has a registered office abroad, basic information on the company is sent there and stored with a view to later use).

Growing vigilance in respect of financial flows, the increasingly vigorous measures against money laundering and the gradual lifting of banking secrecy are all fortunate developments that are now prompting major cults to create their own networks. They do this by setting up new units that are part of non-suspect financial organisations. These new units are sometimes hidden behind humanitarian names or have new social responsibilities.

The Mission believes these new actions to be especially insidious since they aim to use the respectability of people co-operating in good faith to mask questionable activities. How could anyone with a modest deposit suspect that their funds are contributing to the granting of loans to individuals who are borrowing for apparently innocuous purposes but are (also) members of highly active cult movements and, in this respect, are very likely to use all their resources for purposes other than those stipulated in the loan agreement?

The other sector of activity which is a focus for cult activism is the field of therapy, although this may not be the exclusive aim: Scientology offers personal development as well as techniques - not proven, of course - for combating drug abuse.

The term "therapy" is highly ambiguous. Strictly speaking, it means both care and medical treatment. Since use of the term is not subject to any legal or regulatory framework in France, it can be used at will. Just as doctors or psychologists can legitimately claim to be therapists or psychotherapists, so is it possible for any charlatan to give himself this title. In this way, the title loses all its value insofar as it covers both care resulting from real scientific skill and placebos, or harmful treatments involving either the refusal of treatment considered to be excessively conventional, or prescribing illusory, magical acts such as the "harmonisations" favoured by the Invitation to Life cult.

There has also been use of another source of resources and influence, no less lasting than that already mentioned but of a completely different kind: human suffering, including in its most acute form - that of a child or a person with a disease which is as yet incurable. Instinctotherapy, which recruits members in countries whose culture is more tinged with irrationalism than in France, claims to help people suffering from serious illnesses such as cancer. Many "customers" are terminally ill, which makes this type of fraud even more deplorable.

In addition to these two "priority areas for action", cults do not hesitate to take advantage of the world's misfortunes in an attempt to impose their miraculous solutions.

For many cults a country's economic problems, natural disasters, civil and foreign wars, and attacks represent opportunities for proselytising not to be missed. The victims involved are a concentrated group of potential targets. They attract immediate attention: followers are quickly mobilised and try to approach them, providing words of compassion and offering them ill-timed words of comfort which sometimes amount to "explanations" stemming from the dark ages, such as God wreaking revenge for the supposed evils of a disobedient society. Here it is worth mentioning the example of several American pseudo-evangelical movements. These groups were quick to see "in the events of 11 September and what followed, the start of a process with only one possible outcome - the Apocalypse" 9

In contrast to humanitarian organisations that immediately distribute the aid available, cults quickly restrict their material support. Suffering victims, who are potential converts, are encouraged to give rather than receive.

In addition, pseudo-humanitarian aid from cults is aimed at providing these dubious organisations with a veneer of respectability which they immediately try to capitalise on by appealing to public feelings of solidarity and the public's generosity.

The interest shown by cults for contemporary disasters is nothing new: the founder of the scientology cult, Ron Hubbard, expressed his point of view on the subject in a message dating from the sixties, taken up again by one of the cult's leaders following the events of 11 September (Solutions for a dangerous environment). In this text, he elaborates - inter alia - the theory of "merchants of chaos" which will give rise to a dangerous universe which of course only the specific methods of Scientology can counter.

On his Internet site 10 , Raël reacts by stressing the dangers of monotheism which, in his view, leads to fanaticism and of "religious education, which turns (children) into the terrorists of the future". He has no hesitation in denouncing "mystico-religious ragings which do not proffer the right not to respect the laws of democratic countries and human rights". This ardent defender of the "atheistic religion " suggests "replacing monotheism with science, which should become (our) only religion ".

Since the creation of the MILS, information has reached the Mission evidencing the very active presence of cult organisations in troublespots in areas including Africa and Kosova, and also in France (floods in the south of France in autumn 1999, damage in the Parisian region following the storm on 26 December 1999 and the explosion at the AZF factory in Toulouse in late September 2 0 0 11 1).

Recent information from the United States after the terrorist attacks on the World Trade Centre confirms the theory of cult entryism on the ground.

Amongst other things, the US press reports that Scientology has used many resources since 11 September: an appeal for funds to print millions of copies of its publication "The way to happiness", made available to volunteers to assist firefighters and police at the site of the World Trade Centre, publicity for its "free" publications and workshops, and the setting up of a specific Internet site 12 by the Citizens' Commission on Human Rights International (CCHR), known in France under then name Commission des citoyens pour les droits de l'homme (CCDH), which is involved in combating the methods of psychiatry. It is worth noting that the National Mental Health Association, an association offering psychological assistance with a broad following in the United States, expressed indignation in the press after the Scientology movement itself set up a support agency called National Mental Assistance, thus causing confusion by using a name similar to that of a reputable organisation 13 .

The multinational cult also acted quickly in France after the explosion at the AZF factory in Toulouse. Tracts were distributed offering the services of a helpline to "provide (you) with free, effective assistance in relieving the distress caused by these terrible disasters (New York and Toulouse)".

Following the New York attacks, the US transcendental meditation movement launched an appeal for funds backed by extensive publicity in the press through its agency The Endowment Fund for World Peace 14 . They suggested various ways of contributing (direct donations or subscribing to group meditation sessions), the object being to involve thousands of meditators in order to counter all society's negative aspects. A publication by the Natural Law Party 15 cult, known in France for putting up candidates in the general elections in 1993 and 1997 and the European elections in 1999 under the name Parti de la loi naturelle, also joined in this campaign.

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It is now necessary to consider another aspect of cult activity - the fact that they aim to silence those who denounce their harmful nature. These movements, which are always ready to proclaim the principles of liberty, are also the first to disregard these as soon as their behaviour comes under the spotlight.

Cults also shamelessly use defamation, resort to intimidation, and take advantage of legal loopholes where these exist. Nor do they hesitate to try to influence the judicial authorities.

As far as defamation is concerned, this often targets people themselves. In line with the methods favoured by all totalitarian movements, debate - always called for but never undertaken - does not involve basic tenets but a technique of denigrating individuals themselves.

For instance, the Chairman of the latest National Assembly commission of inquiry has been mentioned in several texts (including the 2000 US report) as having been convicted by the French courts, whereas his accusers had their claims dismissed when he gave notice of appeal.

Nor do cults hesitate to resort to pure slander: it was alleged that the National Assembly's report published in 1996 included "Mormons and Baptists, the religions of the President and Vice President of the United States" among the 173 cults in France. A mere glance at the report is enough to refute this false claim. But who reads parliamentary reports in all their detail? The press repeated these allegations in good faith, without verifying them.

As for intimidation, it takes very diverse forms. It almost always begins with anonymous telephone calls threatening the recipients. Frequently, the caller introduces himself as an investigative journalist. If the person receiving the call has the foresight to ask for the name of the newspaper so that they can call back, the caller immediately rings off. But if conversation is engaged, the harm is done ("there always remains a trace of calumny"). The same procedures are used in respect of those close to the person considered to be suppressive, meaning hostile to cults: spouses, children, friends, personal relations - all are targets of these anonymous destabilisation campaigns. Even some instructing magistrates have been victims of these campaigns. We can, by analogy, imagine what militants in organisations involved in combating cults have to contend with. The situation is no doubt even worse for victims who, once they have left the cult, have the courage to denounce its methods.

As well as individual attacks, the threats may in some cases target society itself. For instance, in February 2000, an international leader of the Scientology cult published a "call to arms" against France. In the wake of this call, an international protest was planned in Paris. The call to arms was circulated on one of the Internet sites of an association closely connected to Scientology, housed in commercial premises belonging to the cult. The mobilisation of protestors could not fail to be likened to the actions of the Sea Org 16 whose troops wear nautical uniform, decorated with insignia resembling known national orders.

Even the judicial authorities are subject to acts of fraud likely to sow confusion in the minds of the public between cult initiatives and the duties performed by the judiciary authorities.

For instance, in autumn 2000 (at roughly the same time as the call to arms was issued), a "commission of inquiry" claimed to be bringing a case against various public figures who had been summoned to appear before a public "tribunal".

In both cases, the setting up of a false tribunal and the defamatory remarks which accompanied this prompted the Mission to inform the judicial authorities of this initiative, pursuant to Article 40 of the new code of penal procedure, Article 411.10 of the Penal Code, Article 27 of the Law of 29 July 1881 on the freedom of the press and Articles 433.12 and 433-13 of the same code.

However, the matter did not come to trial on the grounds that the "Foundation for Religious Tolerance" had its head office in the United States. Yet this organisation exists in France under the name "Fondation pour la tolérance religieuse" (Foundation for Religious Tolerance) and has its head office in one of the Parisian premises used by the Scientology movement. The call to arms against France was distributed by the French branch of the "Foundation for Religious Tolerance". This therefore did involve an offence committed on French soil.

Cults or movements of a cult-like nature frequently attempt to bring pressure to bear on government employees and local authority leaders.

For instance, an advocate of the Jehovah's Witnesses requested the prime minister to withdraw a circular letter of 21 March 2001 sent by the Mission to prefects and relating to the participation of civil servants in meetings organised by the Association medico-scientifique d'information et d'assistance aux malades 17 (Medical and scientific association for information and assistance to the sick). (The request for withdrawal was ignored).

Legitimate access by all citizens to most government documents is obviously of interest to cults.

For instance, the Scientology movement used the Law of 17 July 1978 containing various measures for improving contact between the government and citizens and the Law of 12 April 2000 - concerning the rights of citizens in their dealings with government bodies - to request that it be systematically provided with documents regarding the movement or specific sectors. The likely aim of this strategy, developed by Scientology and some similar organisations, is to destabilise government departments, local authorities and public bodies and to silence them.

It contacted:

at least one general inspectorate (IGAS), requesting that it be provided with any document, or documentary material referred to in the law, related to Scientology;

the Ministry of Foreign Affairs and several embassies, in order to obtain information on various working meetings held in France or abroad;

the Ministry of the Economy and Finance, the Ministry of Justice, the Ministry of the Interior, the Ministry of Employment and Solidarity, and the Ministry of Foreign Affairs, to obtain access to government files that may have been sent to the National Assembly's parliamentary commission of inquiry in 1995;

various Prefectures, to obtain documents concerning Scientology.

Departments and establishments responsible for mental health are also a favoured target of Scientology. For instance, in 2001 the Citizens' Commission on Human Rights 18 , an offshoot of the Scientology church, and the Scientology church of the Ile de France, sent the majority of the French departments and establishments responsible for mental health services registered letters containing requests for information.

They requested that these establishments send the prefectural ruling authorising them to hold mentally ill patients hospitalised without their consent, and their internal regulations, budgets and administrative accounts. The departmental commissions of psychiatric hospitals were also asked to provide all their annual reports and financial statements dating from 1990.

In the case in point, the Citizens' Commission on Human Rights is presented as an international organisation monitoring violations of human rights in the field of mental health. Its publication entitled, "Psychiatry - a violation of human rights", is distributed extensively by mail. In this publication, psychiatry is presented as forming a major threat to society. As for the bibliographical sources, they merely reflect the works of the cult's founding guru.

Confronted with this strategy of making excessive demands, the MILS contacted the Commission for Access to Government Documents (CADA). This matter must be given further consideration and the bodies and departments concerned should emphasise the arguments for protecting people, including those who are vulnerable due to their age (children and the elderly), which might justify documents being withheld. Likewise, safeguarding the interests of children, set as an overriding consideration by the International Convention on the Rights of the Child, those in a position of weakness, the real threat to the security of people and property, and undermining public order may all be grounds for not providing information, so ensuring that privacy and individual freedom are duly protected.

Fraudulent demands, which are numerous and repeated, also amount to a strategy of harassing government departments, which are not obliged to respond to such demands (Article 7.3 of the Law of 12 April 2000). On the contrary, government bodies would grind to a halt or be subject to a form of control by cult-like bodies that have no authority to exercise such control, if they acted upon these demands by taking the required precautions.

Some government departments were quick to organise a response to the campaigns by Scientology.

The ministries involved and some prefectures have made the local authorities, the local government departments and public service associations aware of this strategy and have informed them of any requests for documents from the cult.

It is essential that employees in government departments, local authorities and public hospital departments have a sound knowledge not only of the cults 'objectives but also of the methods they use. In this respect, a document issued by Ron Hubbard himself sheds light on this area: The Manual of Justice, an internal document published in 1959, provided in the appendix to this report 19 , thus contains the following recommendations:

"lf you are being investigated or if the Central Organization is - sit tight, don't co-operate.

Start off by complying with the laws of the land. After that kick investigators or reporters downstairs.

Investigators distort the information they are given.

Whoever the investigator may be, your answer should be "This is an institution that has a high standing throughout the world. Why don't you see our lawyers?" This gets rid of press and cops alike.

So don't co-operate. If you are unafraid and do not cringe, the menace fades away."

Other techniques to contain "the menace" as much as possible are now increasingly gaining ground among cults. The most recent involves making it difficult to publish documents drawn up within the cult that could be considered as a threat to the cult. This technique is characterised by the virtually indefinite extension of copyright. Consequently, words, expressions and entire texts are protected by a legal provision initially intended for the economic and commercial field. These may not be reproduced without authorisation granted by the cult or group itself. How is it possible to express the reality of a type of behaviour if observers must omit from their analysis the key factors of teachings that may have led to criminal acts?

The question of copyright has been brought up in several countries, including Sweden. No one will be surprised that this was at the indirect request of Scientology. At the date on which the report was drafted, the Swedish government had not changed its position, although the US administration has stated that it would be prepared to "remove the contradiction" between making documents available and protecting copyright 20 .

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An internal document of the kinesiology 21 movement, entitled La place du kinésiologue en France, et face aux administrations, aux organismes officiels et au public 22 (The position of kinesiologists in France and with regard to government bodies, official organisations and the public) also illustrates the skill that cults may develop in appraising regulations and finding solutions that make it possible to circumvent the prevailing rules.

A training programme called "Le kinésiologue face à l'administration" (Kinesiologists and government departments) is only open to people providing evidence of 273 hours' prior training. This training programme involves various roleplaying activities, the aims of which are worth clarifying.

Kinesiologists fall outside the standard rules of practice in the healthcare professions. They also have to learn the appropriate way of reacting to any inquiries that may be made by the police, representatives of various government bodies, the inspector of taxes, the schools inspectorate and other parties: newspaper editors, inspectors from the Advertising Standards Authority or the Medical Council.

Kinesiology, which mainly recruits amongst health professionals, is present in the field of alternative medicine, educational support, services for the disabled, psychotherapy and stress management. Its members may be former hospital staff, osteopaths and self-employed health professionals. According to publications on kinesiology, it is also related to the practice of chiropractors, naturopaths, and masseurs. Physiotherapeutic masseurs are very much in demand and attracted much publicity from the kinesiology movement during the nineties. Among kinesiologists, physiotherapeutic masseurs do not appear to outnumber other health professionals.

Those who have paid for, and followed, the required number of training programmes in kinesiology may qualify for help in setting up a practice and finding customers. They are instructed to first work with children. They are told that they may start to work with adults once they have experience. The Mission has drawn the attention of the Child Protection Agency to these particularly disturbing initiatives.

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Some movements behave like cults and seek by indirect means to obtain the status of church association, thus far denied to them. This would confer on them a level of respectability in line with that of religions that respect human rights and do not pose a threat to public order. For instance, two Jehovah's Witness associations have recently contacted the Religious Advisory Commission with a view to some of their followers subscribing to the Caisse d'assurance vieillesse, invalidité et maladie des cultes (CAMIVAC) 23 (Church Insurance Fund for old-age, incapacity and illness benefits).

Without amounting to recognition of the religious nature of the movement, membership of the CAVIMAC would nevertheless be a step in this direction and would have strong symbolic significance. The national association of Jehovah's Witnesses has applied for membership of this system for followers called "auxiliary pioneers" and "circuit overseers" respectively, i.e. full-time members of the movement.

In order to avoid making any inappropriate response, in March 2000 the National Consistory of Jehovah's Witnesses sent an instruction 24 to these "auxiliary pioneers" and "circuit overseers", offering "technical information". This information, which governs contact between members and government bodies and social security organisations, refers to an "exclusively pastoral [...], altruistic" activity. The church's circuit elders are told to specify clearly:

that they "do not have a contract of employment with the national association of Jehovah's Witnesses",

that they "visit local Witness churches on a voluntary basis"...

that they are "housed and fed free of charge by fellow members of the religion or loyal followers"...

that their "travel expenses are reimbursed by the national association, which pays them a small allowance to enable them to cover personal expenses incurred as part of their activity"

and that "some of them also have personal savings as a result of their past professional activity, which makes it possible for them to undertake this unpaid professional activity".

The meaning of this "instruction" becomes clear if we compare it with the documents relating to the working conditions of members of the movement. For instance, "auxiliary pioneers" make 140 hours' of door-to-door calls a month, for 1 2 8 0 F2 5 a month, without social security cover. "Full-time pioneers" work 90 hours a month without pay and without social security cover; "part-time pioneers" work 60 hours a month without pay and without social security cover. As for "ministerial servants", ranked above "auxiliary pioneers" in the organisation, they seem to have privileges, the nature of which is unclear.

The Religious Advisory Commission issued an opinion in favour of membership, although it included reservations of no legal or practical consequence. According to five of the Commission's nine members, considering this application from a purely legal standpoint would make it impossible to distinguish between the recognised disturbance of public order and a potential risk to public health. For instance, if a group is generally recognised as displaying some characteristics of cult behaviour and is known to have the capacity to lobby public authorities, it could automatically begin to obtain a degree of recognition unless the competent ministry intervenes.

The purely legal arguments do not always make it possible for government departments to exercise the required vigilance and to counter cult advances by means of a preventative approach. A static notion of law seems inadequate to deal with the methods of cult organisations, which take advantage of inflexible strategies. Combating this risk calls for forward-looking strategic guidance. Is it necessary to translate the principle of precaution into legal terms and clarify it in law in order for public institutions and commissions responsible for guiding public decisions to become aware of its merits and its significance in safeguarding the general good?

A final important aspect of cult activity is the tendency to use justice as an instrument. The technique used is always the same. It is based on two simple observations: the law of democratic states has a system of various stages of appeal and it takes a long time for courts to make decisions.

On the basis of this, cults do not hesitate to bring before the courts any cases that they think relate to them, or to institute proceedings against their opponents, sometimes on the flimsiest pretexts. Their priority targets are the best known of their opponents. Filing a complaint often goes hand in hand with a flood of statements calculated to attract media attention, using the inexhaustible topic of infringement of human rights and supposed threats to a "religious minority"".

Since magistrates are reluctant to consider complaints, which are manifestly fraudulent, cults and their advocates do not hesitate to use "direct summons" which, as the law stands at present, makes it necessary to take a decision.

The essential thing for the cult is to draw publicity and, at the same time, to use its notoriety or that of its opponents to raise its profile by creating controversy. So starts the manipulation of public opinion, a process quite apart from the court cases themselves, which are then of secondary interest.

In the event of failure in the lower courts, the cult generally launches an appeal for the same reasons. While waiting for the case to come up, the public slander campaign continues. And if the appeal ratifies the decision by the lower courts, there is still the high court. The origin of the case is generally forgotten when the case finally comes to its conclusion. In the meantime, the cult may have started other proceedings.

In addition, overly long proceedings, which can sometimes be dragged out over a decade, also work in favour of counter-attacks by the cults. They make it possible for the movements concerned not only to exhaust the means which are legally permitted by the Code of Criminal Procedure, but also to gradually destroy the evidence of certain victims whose major concern, especially after many years of suffering, is to forget what they have been through. Cults that have been subject to serious accusations have also tried to undermine the legal system by attempting to obtain the withdrawal of certain complaints or evidence, using means that are not known but which we can reasonably guess at.

As time goes on, this may work against the victims that have the courage to continue, despite the fact that their struggle involves not only their personal cases but also helps to prevent similar events recurring.

The possible costs of long proceedings do not hinder cults. Most of them know that they can call upon the financial resources of a transnational organisation. The free movement of capital, including in Europe, hampers action by government bodies once they suspect that funds transferred to a cult from one country to another come from a dubious source, unless they can prove that this involves dirty money, which is not easy due to the lack of jurisdiction The cult is thus sure of being able to defend its case without any particular worries, even if the magistrate dismissing it decides to apply the provisions of Article 700 of the Code of Civil Procedure.

These procedures, which distort the system of justice, merit consideration by the legislature in order to put a stop to this orchestration, which is prompted by the private interests of some firms of lawyers that appear to specialise in advising cult movements due to the considerable fees they receive in return.

The Mission can provide the legislator with many examples of this objectionable orchestration. It would gladly contribute to in-depth examination in this regard.

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The aspects of cult proselytism described above - and this is not an exhaustive summary - should not however make us forget that France's power to resist in this area has been transformed in a few years, so that it is now capable of stemming the flow.

Apart from the links that might exist between cult-like associations and groups of followers of religious fundamentalism which verge on terrorism, 26 phenomena that it is still no doubt too early to clarify, the threat of cults appears to be less extensive that in the past.

International solidarity in this respect, particularly at the European level, suggests that the time of impunity has gone. The proof is sometimes provided by contrary examples of sporadic increases in activism and changes in strategy. To take the example of Scientology, it is experiencing an ongoing crisis in recruitment in Paris. It would appear that the cult is trying to mask its difficulties by focussing its activities on a specific arrondissement considered to be a base for recovery. The determined reaction by elected representatives and the public is no doubt the most effective response in order to alert public opinion and uncover dubious activities.

We cannot yet afford to drop our guard, whether in the local authority bodies, where cult pressure is less severe, or in the major cities. What is needed is rather to intensify the preventative measures by increasing information sessions at all levels and training programmes for those who may one day come up against cult infiltration in the course of their professional duties.

For its part, the Mission will continue to work actively, while remaining conscious that a recurrence of cult activity may occur at any time. The security of individuals and social equilibrium depends largely on promptness in combating this and immediately limiting its initial effects.

RELATIONS WITH MINISTRIES PRIME MINISTER'S OFFICE

The Mission is gratified by its excellent relationship with the Prime Minister's Office, to which it is directly accountable.

The ease and frequency of contact with the director of the Cabinet office and the specialist technical advisers boost the effectiveness of the Mission's work. For its part, the MILS has every intention of discharging all the duties incumbent upon it pursuant to the decree on the establishment of the Mission in November 1998. It calls upon the Prime Minister's Office for clarification of issues that are sometimes sensitive or complex and, when necessary, for approval of releases it deems appropriate before they are published.

However the Mission points out the rapid increase in the number of requests it receives from outside. It also emphasises that it often has to cope with unexpected initiatives or requests that disrupt its annual working schedule and result in additional expenses for which it is difficult to budget in advance.

The Policy Council has emphasised that it has become essential for the budget to take account of the specific nature of this particular Mission and the growing number of dossiers brought to its attention, including its essential presence among European institutions. Likewise, the Mission would like to see funds that have been allocated by Matignon released as soon as possible; replacements should be provided before some employees return to their original departments so that the continuity of the work is maintained.

MINISTRY OF FINANCE, ECONOMY AND INDUSTRY

From the very outset, contact between the MILS and the Ministry of Finance and Industry has been channelled through the Operations Group via the General Inspectorate of Taxes.

This long-standing relationship has helped in the investigation of dossiers relating to the tax situation of organisations of a cult-like nature.

The tax approach continues to be a decisive factor in many cases, for instance:

the setting up of new legal structures dependent on known organisations;

the appearance of business development plans based on setting up economic and commercial business;

transferring activities from one country or jurisdiction to another in order to escape scrutiny by inspectorates.

Special contacts have been made with those Directorates whose purpose is to improve knowledge of the players in the economy. They call upon the Mission and request information from the Mission interactively.

The Mission is particularly satisfied with the development of contacts with Directorates that have a regional approach closer to economic reality and monitor everyday life. In this respect, the Mission appreciates their active participation in prefectural surveillance committees that are intended to become co-ordinating bodies in combating nefarious activities on the part of cult organisations.

Regular contact has been established with many Directorates with external departments, central government departments and specialist services that can be consulted on dossiers regarding organisations falling within the Mission's area of competence.

In this regard, it is worth noting a working relationship and dialogue with the Directorate-General of Competition, Consumer Affairs and Suppression of Fraud, the National Institute of Statistics and Economic Research and the Treasury.

Contact has been made with the Directorate-General of Customs and Excise, the Directorate-General of Industry, Technology and Information and the French Post Office and joint action with some of these bodies is under consideration.

In addition, 2001 provided evidence of the need to provide supervised organisations such as the Professional Guilds and Chambers of Commerce and Industry with information.

Since there is the prospect of many campaigns, it is essential to determine the most effective working methods in each situation encountered.

2001 illustrated the importance of closer co-operation with this Ministry.

MINISTRY OF EMPLOYMENT AND SOLIDARITY

The Ministry of Employment and Solidarity published Circular No. 503 regarding the threat from cults on 3 October 2000. This provides an initial impetus contributing to the introduction of a general policy of vigilance, at the same time providing the relevant professionals with a reminder of existing legislation and regulations.

In 2001, major efforts were made in respect of professional training, entailing close collaboration between the Mission and the General Delegation for Employment and Professional Training, a member of the MILS Operations Group. Please refer to the section on professional training for further details.

In 2001, the Mission expressed the wish that the Department of Health should be involved in the work of the Operations Group for matters which fall within its field of competence and authority. At the outset, fruitful dialogue with both the Directorate-General of Health and the department responsible for hospitals and healthcare made it possible to effectively major developments regarding the cults.

MINISTRY OF JUSTICE

The MILS is in regular contact with the Ministry of Justice. The Minister of Justice granted interviews to the Chairman of the Mission. There was regular contact throughout the year both with the Minister's private office and Chancellery staff. In particular, this contact made it possible to provide the essential link between the Ministry of Justice, parliamentary rapporteurs handling the Law of 12 June 2001 and the Mission, and to take into account the advice provided by the National Advisory Commission on Human Rights at the request of the Minister of Justice.

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