Keynote Presentation: "Religious Freedom:
Europe's Story"
Karel Blei
RELIGIOUS FREEDOM, THE BASIS OF ALL FREEDOM
 |
In
this lecture, it is not my intention, to sum up what I
wrote in my book. You all could or will be able to read
that yourself. Rather, against the background of the historical
survey, I would like to table some considerations on the
idea of religious freedom as such. Almost I had said:
the phenomenon of religious freedom. But religious freedom
is not a reality, to be demonstrated or seen. It is an
idea, an ideal, to be realised, time and again. History
shows how much people had to suffer, to struggle, for
that realisation, At some moments, by exception, it seemed
at hand; not for very long, though. But we cannot abandon
the idea. It continues to fascinate us.
My lecture will contain three main parts. First a consideration
of what is understood by "religious freedom".
We will see that and how western and eastern Europe lay
different emphases here..Secondly, we will discuss how
religious freedom is under fire today, both in East and
in West. Thirdly and finally, we will consider that and
why religious freedom is indispensable, the basis of all
freedom in society. |
1.
Religious freedom in West and East
By
way of introduction, let me share with you a few stories and
cases.
In a consultation on Religious Freedom and Liberty in Eastern
and Central Europe, organised by the World Council of Churches
and held in Bossey near Geneva in December 2001, Alexander
Belopopsky, a WCC staff member on behalf of the Russian Orthodox
Church, stated that, in dealing with the issue of religious
freedom, one should distinguish between non-discrimination
and full equality. In other words: a situation in which there
is no full equality of all religious groups, is not necessarily
a situation of discrimination. In his opinion, it is a matter
of course, that minority groups do not have the same rights,
or the same privileges, as the majority has. As he argued,
a situation of full equality of minority and majority groups
exists nowhere in Europe. It is especially in western Europe,
that one pleas in favour of the standard of full equality
- but such a plea, according to Belopopsky, is just a matter
for export
This statement is a typical illustration of the difference
of perspective on religious freedom between East and West.
Apparently, the speaker felt urged to defend himself and his
own, Russian situation (in which the Russian Orthodox Church
is by far the largest religious group) over against western
accusations. What he really wanted to say is, I think, that
the western world should take a more realistic position. It
should not blame non-western societies too easily for their
so-called "violation of the right to religious freedom";
the more so as it self obviously does not meet its own criteria
of religious freedom.
At the same time, Belopopsky's remark confronts us with the
question of the limits of "religious freedom". Where
is religious freedom at stake, and where is it not? Is religious
freedom already being violated in a situation in which majority
groups (as in Russia the Russian Orthodox Church) have more
rights than minority groups, -in which it has privileges the
other religious groups do not have? Or should one have a more
open eye to what is really possible under the concrete circumstances?
In the latter case, the "black list" of countries
in which the right of religious freedom is considered not
guarenteed could be much shorter.
Are Islamic states to be mentioned on that list? One might
say: it depends. In the Islamic world, the situation is not
everywhere the same. In history, Christians and Jews had a
relative freedom, under Islamic rule; quite different from
the situation of Muslims living under Christisan rule but,
indeed, only a relative freedom. They were (are) minority
groups in Islamic societies. Being a minority group always
has a limitation of possibilities as a consequence. One
is not in a position to influence politics, as majority groups
are. The minority has to adapt. Is that already a violation
of the right to religious freedom?
By way of comparison, let us consider for a moment the situation
in England. Here, the Church of England still has the position
of a State Church, under the king or queen as its supreme
governor. May be, this is not so much because it is still
the majority Church, as because of tradition: this Church
has been part of English national identity ever since the
Reformation time. Church (this Church) and nation are simply
inseparable, as can be seen at any national celebration, The
Church of England has its privileges, its status, that other
Churches and religious groups in England, in the United Kingdom,
do not have, although these have full right of existence (at
the latest since the beginning of the nineteenth century).
Is this today a matter of violation of the right of religious
freedom?
Probably, nobody would think so. But let us be not too fast
in our conclusions. Recently, there was an information about
an official complaint, made by Danish citizens with the European
Court of Human Rights against the State of Denmark, that in
their view is too closely linked to one specific Church: the
Evangelical Lutheran Church of Denmark. Lutheran pastors are
still being paid by the state, and so, indirectly, by the
Danish tax-payers, non-Lutheran citizens included. The Lutheran
Church is the Danish State Church. Its pastors function as
civil servants, at civil solemnization of marriages, at the
registration of births etc. It is by far the majority Church:
over 80 percent of the Danish population belongs to its constituency.
No wonder that non-Lutherans, e.g. Roman Catholics, feel placed
at a disadvantage. Probably, the complaint will not be successful.
In Denmark, religious freedom is not jeopardised, we say.
The complainers should be realistic and accept their minority
status. Yet, apparently, they feel affected in their human
rights.
We come to a first, preliminary conclusion. Religious freedom
has more consequences than one might imagine at first sight.
It might be at stake, even where one would think it to be
still unthreatened.
Now, we get right to the point. Basic for our discussion of
religious freedom is article 18 of the Universal Declaration
of Human Rights, adopted by the United Nations General Assembly
on December 10, 1948. This article reads as follows:
"Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion
or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion
or belief in teaching, practice, worship and observance."
The establishment and official acceptance of this declaration
by all UN member states was a milestone on a long way.. Throughout
history, specific groups had defended and fought for their
specific rights, over against other groups. The idea that
human rights, including the right of religious freedom, are
not just group privileges but universal rights indeed, is
fairly new. In Europe, it was expressed for the first time
in the context of the French Revolution, in 1789 (and that
revolution was the outcome of the 18th century western European
Enlightenment movement). It was then, in 1789, that the ideals
of Liberty, Equality and Fraternity were proclaimed. not just
on behalf of France, but of all humanity. That, however, did
not prevent two world wars. It was only in 1948, after the
horror of these world wars, that the basic idea of human rights
could be universally proclaimed and could find general acceptance
- at least in theory.
UN resolutions are not binding laws; they are only recommendations
and cannot be enforced. However, as adopted by the UN General
Assembly, they represent world opinion and therefore carry
great weight. That certainly goes for the resolution (universal
declaration) of human rights. Moreover, later on, its main
points have been included in several official covenants. The
article on religious freedom is quoted in the European Convention
on Human Rights , drawn up within the Council of Europe, ratified
by all its member States and in force since 1953. Again, this
convention is not binding law. Yet, it has a moral authority.
The Council of Europe, in which the member States cooperate,
established also a special Commission and Court of Human Rights,
for dealing with complaints of abuse of human rights, as defined
in the Convention, by any of the member States. All this shows
that the issue of human rights, including the right to religious
freedom, is taken seriously, on an official level. State authorities
are involved and responsible vis-à-vis their citizens
for safeguarding these rights.
This gives us a first clue. Religious freedom is indeed a
matter of the relationship between Church (or broader: religion)
and State. To what extent, in a given context, religious freedom
is a reality largely depends on the State policy: whether
or not it leaves and defends an open space in which the right
to freedom of religion can be fully enjoyed by anyone. History
shows, how much State authorities, kings and rulers always
were inclined to minimize that open space and to decide on
behalf of their subjects on what had to be their religion.
Church and State were closely connected over the centuries;
in a mono-religious society, especially in western, medieval
Europe. In the East the situation was different in so far
as under Turkish domination (from the 15th century on) Christians
were forced to live side by side with Muslims, as second-class,
but well-treated and tolerated, citizens in the Islamic state.
State and religion remained closely connected; only, the official
religion was now Islam, not Christianity.
The way towards a society in which religious plurality was
fully accepted was long and difficult. That way was gone in
western Europe, after the 16th century Reformation..After
a period of religious wars, in the 16th and 17th century,
one first responded by raising the slogan: "cuius regio,
eius religio", "whose region, his religion",
thus continuing the system in which at least in each territory
one specific religion was the official and privileged one.
Rulers were convinced, that would promote order and peace
among their subjects. That system began to collapse only in
the 18th century, under the influence of the Enlightenment.
The connection between (a specific) Church and State was loosened.
So, religious freedom became a possibility.
In the East, religious freedom was not at stake at all. A
Reformation. like in the West, did not take place here. Eastern
Christians were not at all confronted with the challenge of
religious plurality among themselves. From Christian, Eastern
Orthodox point of view, religious freedom remained a matter
of selfevidence. Islam had its own policy of toleration.
Of course, with reference to religious freedom, religious
people have their own responsibility. If religious people
do not tolerate each other, religious freedom will not come
about or will get lost, even if the government interferes
and keeps the quarrelling parties violently apart. For religious
freedom to become or to remain a reality, mutual respect of
the respective religious groups for each other is necessary.
In the relationship between (Christians as members of) Churches,
such mutual respect is usually called: ecumenism. The ecumenical
movement, that started in the beginning of the 20th century,
aims at overcoming traditional Church divisions and making
visible the unity all Christians and Churches (in the whole "ecumene", i.e.: in the entire inhabited world)
believe they already essentially have in Christ. Churches
that get engaged in that movement (e.g. by their membership
of the World Council of Churches, or by their cooperation
with that Council) do not necessarily each abandon their claim
to be itself the purest, truest, manifestation of the one
and catholic (universal) Church of Christ; they recognize,
however, that other Churches also represent (at least) elements
of this Church as it was founded and intended by Christ. By
that recognition they feel obliged to seek to enter into living
contact with these other Churches Where this ecumenical attitude
exists, religious freedom is not far away.
So
far, I spoke of "religious freedom". The title of
my book speaks, more fully, of "freedom of religion and
belief". These two concepts, "religion" and
"belief", are both also used in the above article
18 of the Universal Declaration of Human Rights..It is said
there, i.a., that everyone is free "to change his religion
or belief" as well as "to manifest his religion
or belief". In a way, these two terms are interchangeable.
Yet, there is a difference. "Religion" usually is
a matter of community and organisation, of common and organised
conviction.."Belief" does not necessarily have that
connotation: it may just be a matter of personal, private
conviction.
This difference does not seem to play any role in article
18 of the Universal Declaration, though. Here the "freedom
of religion (or belief)" is mentioned together with the
"freedom of thought" and of "conscience".
Apparently, these three freedoms are supposed to be variations
of the same kind. Religion (or belief), one could say, is
a certain type of "thought"; it includes a specific
view of life, a specific world view, as well as a specific
moral conviction, a voice of the "conscience", based
on that religious view. What characterises religion is its
orientation towards a higher, transcendent, decisive reality.
Many call this transcendent reality "divine", or,
understood as a supranatural personal Being, "God".
Now, freedom of religion, understood as a special case of
freedom of thought or of conscience, is appartently seen as
primarily a personal matter. It is above all the individual
person who is in the picture here, who is the point of departure
- as is the case in all the articles of the Declaration. The
right to freedom of religion (or belief) is, like all other
rights, mentioned in the Declaration, a right "everyone"
has. According to this right, every person may choose or change
his religion as he or she likes it. Religious communities
as such are within sight only as a secondary, derivative possibility
and only in connection with the "manifestation"
of religion: everyone may "manifest" his religion
(or belief) "either alone or in community with others".
That again is supposed to be a matter of everyone's personal
choice or preference.
In the context of the Declaration, another approach probably
would not have been possible. But in fact, with reference
to the phenomenon of religion, it leaves out an important
element. As I said, religion usually is a matter of community.
The religious community is first; the individual owes his
personal belief to his belonging to that community. Therefore,
freedom of religion should include freedom to religious groups,
to Church communities etc., to exist and develop, to manifest
and practise their religion. to express it in worship and
teaching. To take up my own distinction between "religion"
and "belief": religious freedom should be freedom
both of (personal) belief and of (collective) religion.
The latter aspect the more touchy one. Communities, groups,
may have an impact on society as individuals do not have it.
Freedom of (collective) religion would open the possibility
for such a religion to influence society. State authorities
are not always very happy with such a possibility. Religious
individuals are, one may say, harmless to the existing social
order in a way religious groups are not always.
Here
again, we have to speak of the difference between East and
West. The collective aspect of religious freedom is closer
to the eastern than to the western European mind. In the West,
the 15th and 16th century Renaissance and the 18th century
Enlightenment have emphasized the individual's rights over
against an oppressive social and religious order. Personal
independence of thinking was highly appreciated, both in philosophy
and science. Scientific progress and modernisation of life
became possible thanks to this individualist mentality of
thinkers and researchers. The French Revolution was an explosion
that devastated the Ancien Régime of the two allied
powers: the abolutist State and the dominant (Roman Catholic)
Church. By way of contrast, the slogan "Liberty, Equality,
Fraternity!", with its main emphasis on 'Liberty",
had from the beginning a strongly individualist meaning.
In the struggle for freedom, that achieved its break-through
in the French Revolution and continued throughout the 19th
century, the fight for the individual's rights was the first
priority. It included the fight for democracy, the system
in which the rulers exercise their authority "by the
grace of the people", and not by the grace of a God (as
represented by a Church) that keeps the people under tutelage.
The people themselves demanded their right to vote. The consequence
was not only the end of the close connection between State
and (a specific) Church so that religious plurality became
acceptable, but even the separation of State and (any) Church.
Only then, the ideal of Liberty would become a reality. In
the future, State authorities would do their own job of governing
without accepting any guidance (or hindrance) from any Church.at
all, and keeping away from dealing explicitly with matters
of Church and religion - and this: for the benefit of all
people..As it is said in the American Bill of Rights, in the
text, ratified December 15, 1791: "Congress shall make
no law respecting an establishment of religion". Throughout
the 19th century, this principle of separation of Church and
State would be introduced and practised in western European
societies. Henceforth, religious matters would be considered
just private matters.
In eastern Europe, religious freedom is much more considered
a collective issue. Both Renaissance and Enlightenment, with
their individualist focus, were typically western movements,
that hardly had any impact in the East. Over the centuries,
Eastern Orthodox had lived in a situation of "cesaropapism",
of selfevident "symphonia" of State and Church,
of Byzantiane emperor and ecumenical patriarch. Changes in
that situation had come only from outside: from the Turks
who in the 15th century started establishing their Muslim
Ottoman Empire in Asia Minor and South-East Europe. Christian
rule was replaced by Muslim domination. Later, in about the
same time in which the Ottoman Empire collapsed, in the beginning
of the 20th century, in another part of eastern orthodox Europe,
Russia, another power spiritually coming from outside took
over: communism. To Christians and Churches, the communist
era in Russia and later also in neighbouring countries, in
a large part of eastern Europe, was a time of unprecedented
oppression.
It was over against this oppressive communist power, that
religious freedom became an ideal, a dream. Only after the
end of the communist era, that dream could again come true.
And, as a result of the course of events, religious freedom
unavoidably got the meaning of national revival. Here, in
post-communist eastern Europe, it was not so much a matter
of freedom to be religious in a way that is different from
the dominant religious (Christian) tradition; rather, it a
matter of freedom to be religious at all (over against an
atheist State). It was (and is) not so much the freedom of
the individual, but of the collectivity, of the people as
such, that matters. Freedom itself was experienced as the
people's new possibility to regain and redevelop its own national
character. And of old, since the times of the Byzantine Empire,
nation and (orthodox) religion have been an inseparable unity.
In each of the traditionally Orthodox countries, the Orthodox
Church feels to be the selfevident guarantee of the Christian
nation's unique character. Thus, national freedom and religious
freedom are considered more or less identical.
Both Turkish/Muslim and communist domination, each in its
own territory, brought the old "symphonia" between
State and Christian Church to an end. That is why nowhere
in eastern Europe any official State Church situation exists
any more. As Alexander Belopopsky, the Russian Orthodox World
Council of Churches staff member, pointed out at the WCC consultation
I mentioned earlier, that is remarkably different from western
Europe, where in several countries (England, the Scandinavian
countries) such official State Church situations still do
exist. This remark implies the question: why then would western
Europeans blame eastern Europe for not taking the issue of
religious freedom seriously enough? Such a blame would be
mistaken indeed. But the difference between East and West,
hinted at by Belopopsky, has its roots in history. Western
Europe never came under control of a (non-Christian) power
from outside (apart from Spain and Portugal, who were under
Arab/Muslim rule for several centuries; but that situation
was terminated and Christian rule was re-established by the
end of the 15th century). Later, under the inspiration of
the 18th century Enlightenment, separation of Church and State
was introduced from within, but certain remainders of the
former State Church situation could nevertheless survive up
to today. In the East, what happened was just the reverse:
State Church situations have radically been brought to an
end, and exactly because of that a western-style "separation
of Church and State" is not at all a hot issue here.
Are Church and State in eastern orthodox Europe separated?
Yes - and no. Yes, because the State authorities do not claim
to be Christian authorities any more. No, because the close
relationship between Orthodox Church and nation still exists.
Church and State remain partners in their mutual concern for
the people. They cannot escape from this mutual partnership.
They cannot avoid meeting each other time and again, and cooperating.
In that sense, the ancient cesaropapism left its traces.
To eastern Europeans, this is not at all in contrast to the
principle of religious freedom. That, as we heard, is interpreted
here above all not as a matter of the individual, but of the
collectivity: as the freedom of the people, to live and manifest
its own, Orthodox-Christian, religion. It is clear that this
position creates problems to groups, minorities, who represent
alternative religious ideas and beliefs. In eastern European
countries in which the Orthodox-Christian tradition has been
the dominant religion of old, there is little openness to
accepting such alternative groups as fellow inhabitants. Soon,
the feeling comes up that such groups "do not belong
here"; that they anyway should be satisfied with their
minority position.
Let us take one example: the position of Roman Catholics in
Russia. Recently, the pope established four new Roman Catholic
dioceses in Russia. The Russian Orthodox patriarch is fervently
opposed and accuses the Roman Catholic Church (as he did so
often) of "proselytism", illegal propaganda among
Orthodox believers, trying to convert them to Roman Catholicism.
Russian politics are involved as well: in the Russian parliament
discussions were held about a bill to outlaw these new Roman
Catholic dioceses. Rather often we hear about measures by
Russian authorities against Roman Catholic bishops or priests
in Russia. E.g. against a bishop, whose diocese is in East
Siberia but whose visa was withdrawn when he wanted to return
from a visit abroad. The Vatican asked for a clarification,
which however the Russian minister for foreign affairs refused
to give. The pope sent a letter to president Putin, asking
him to mediate in the conflict; that letter, so far, remained
unanswered. Russian State and Russian Orthodox Church are
separated, and yet, apparently, there is a close connection
between the two. Westerners, understanding religious freedom
above all as each one's personal right, would find it difficult
to speak of a situation of religious freedom here. In the
East, where religious freedom is understood primarily as a
collective right, as the nation's right, that could be done
without any hesitation.
Remember Belopopsky's above statement that lack of equality
does not necessarily mean discrimination; that it is a matter
of course that minority groups do not have the same rights
or privileges as the majority has and that that does not at
all infringe upon the right to religious freedom. It is not
surprising, to hear such a statement from an eastern European
Orthodox.
2.
Religious freedom under fire, in both East and West
In
this dilemma between eastern collectivism and western individualism,
which side do we choose? That question is unanswerable. Freedom
has both its individualist and its collectivist aspects. East
and West would do wise to listen to each other. A collectivism
that forgets about the rights of the individual will inevitably
end in totalitarianism and repression. An individualism that
forgets about the collectivity will discover in the long run
that the individual cannot live without the community that
surrounds and supports him.
With reference to religious freedom, both East and West have
their weak points. First, let us once more look at the situation
in eastern Europe, e.g. in Russia. One may rightly say that
the position of Roman Catholics in Russia is not fully a position
of freedom, that they, unlike the Russian Orthodox, are subject
to restrictive measures. Such restrictive measures cannot
be justified by referring to the fact that Roman Catholics
in Russia are a minority and therefore should understand and
accept their position of disadvantage.And the Roman Catholics
are not the only religious group in Russia living in a position
of.disadvantage. Protestant groups are easily qualified as "sects" and thus as foreign elements, dangerous
to (Orthodox) Russian culture. Their activity is soon blamed
as "proselytism", illegal, not to be tolerated within
Russian society. But can a religious, believing community
be expected to refrain from its activity? even from its outward
activity?
This matter does not just regard the Russian Orthodox Church,
it regards also the State. The Russian Constitution officially
proclaims the equality of all religions, but rather often
the practice is different. To be able to function within Russian
society, a religious group has to register officially and
so to obtain a juridical status. In practice, for many groups
it is difficult to register. Examples of this are the Salvation
Army and the Jehovah's Witnesses. Such a situation raises
serious questions about the extent of religious freedom existing
in Russia.
Now, by way of comparison, let us look at the situation in
western Europe; e.g. in France. Here, like in Russia, the
Constitution provides for freedom of religion. After many
changes - since 1789 France passed through several phases
of revolution as well as of restoration - a law on the separation
of Church and State was passed in 1905. This law still stands
and is the basis of the current legislation on religious freedom.
However, recently, some restrictions on religious freedom
have been introduced. In 1996, the National Assembly adopted
a commission report in which no less than 173 minority religious
groups were identified as dangerous "cults" or "sects"
(to be distinguished from the - acceptable - 'religions");
among them a Pentecostal Church, the Mormons, the Jehovah's
Witnesses.and an evangelical Baptist Church. One is afraid
of their growing influence. Continuing study of the "sect" phenomenon led to the adoption, in 2001, of a bill that opens
the possibility to tighten restrictions on suspect religious
organisations.
No exact definition has been given in the bill of what is
a "cult" or "sect", and of what makes
such religious groups especially suspect. Is their activity
of a criminal character? The commission whose report was adopted
in 1996 mentions as reasons for blacklisting religious groups:
that they "place inordinate importance on finances, cause
a rupture between adherents and their families, are responsible
for physical as well as psychological attacks on members,
recruit children, profess 'anti-social' ideas, disturb public
order, have 'judiciary problems' or attempt to infiltrate
organs of the State". This list of possible criminal
or dangerous activities is rather vague on what it has mind..
When does "placing importance on finances" become
"inordinate", and why? Can any outsider take a decision
on that, with reference to a specific religious group? What
exactly is meant by "anti-social ideas"? Who will
determine where an approach of members crossed the borderline
to become a "physical" or 'psychological attack"?
It is feasible that membership of a religious group causes
a rupture between the group member and his family; where and
when does this indicate the "criminal" character
of (the leadership of) that group? If there are reasons to
put a religious group under suspicion, that group or its leaders
should be prosecuted under criminal law. It is then up to
the court to take a decision and to pass judgment. With reference
to the blacklisted groups in France, however, that did not
happen so far. There are just suspicions and charges based
on hearsay. Who will protect such groups from government arbitrariness?
Remarkably enough, only minority groups were blacklisted (without
explaining the specific reasons for each of them to be blacklisted.).
The Roman Catholic Church (by far and of old the majority
Church in France) and the larger Protestant Churches (Reformed,
Lutheran) were not, of course not; they have their accepted
place in French society. Recently, Roman Catholic and Protestant
leaders in France raised concerns about the current legislation.
Apparently, they feel that freedom of religion, although guaranteed
in the French Constitution, is under threat.
The situation in France is not an exception, in the West.
There is reason to speak of a growing religious intolerance,
not just in France, but in the whole of western Europe. In
Belgium, similar developments like in France took place. Here,
in 1997, the parliament issued a report in which 189 groups
were blacklisted. The report included various allegations
against Protestant and Catholic groups, Quakers, Hasidic Jews
and Buddhists. Again, all this is based on hearsay, without
any verification. Alarming are also the developments in Austria,
where the government in 1998 set up a special "Sect Office"
to collect and disseminate information on various religious
groups that do not belong to the twelve "recognized"
religions in the country. The investigations of this "Sect
Office" could easily have a stigmatizing effect on the
investigated groups. One wants to alert the public for what
is considered dangerous, claiming that it is the task and
competency of government officials to decide on what is acceptable
religious faith and what is not. - Can all this really go
together with the official maintenance of religious freedom?
A matter for special concern is the position of Muslims in
western Europe. Partly, that is caused by the attacks on New
York and Washington, on September 11, 2001, by Al Qaida terrorists
who justified their actions by appealing to Islam. More and
more now, western Europeans feel uneasy about the presence,
among them, of so many asylumseekers and strangers from Third
World countries. One is becoming aware of the difference between
Islamic culture and the western standards and values.of emancipation
and democracy. There are concerns about Muslim activities,
that might become a threat to western lifestyle. In the Netherlands,
very recently, there was much commotion because of press informations
on extremist statements by some imams (i.e. Muslim religious
leaders) in their regular sermons, held in their mosques in
some Dutch cities. Statements in which God was prayed to "destroy"
all "enemies of Islam", in which Muslim suicide
terrorists were openly praised as "holy martyrs" and violent,discriminative behaviour against women was promoted.
Dutch inhabitants living in the same street or quarter felt
threatened and appealed to the municipal authorities, asking
for a close down of these mosques. That did not (yet) happen,
but in several places special measures of control were taken.
Sermons, held by these imams (usually in Turkish or Moroccan/Arab
language), will in future have to be submitted to the authorities,
in Dutch translation, so that can be seen whether these sermons
are acceptable within Dutch society and culture or not. The
new Dutch government plans to find out what are the legal
possibilities to take action agaianst extremist religious
statements. - All this may be understandable. Yet, one wonders
how this relates to the constitutional principles of separation
of Church (religion) and State.and of religious freedom.
The terrorist attacks of September 11, 2001, undoubtely play
a role, But they are only an additional factor in a tendency
that existed anyway. Karen S. Lord, Counsel for Freedom of
Religion with the Commission on Security and Cooperation in
Europe, sees reasons for her conclusion that "personal
faith and principles of religious liberty are under fire in
Western Europe today". I may underline: in western Europe
no less than in eastern Europe. As I said: with reference
to religious freedom both East and West have their weak points.
Let me say a few more things about these weak points. In the
East, the collectivity feels threatened by the presence of
new religious movements that may attract people who in their
longing for meaning and purpose in life are no longer satisfied
by the traditional, Orthodox Church. It is particularly the
traditional Church itself that apparently fears the attractivity
and dynamism of newcomers and expects from the State certain
legal measures to restrict their activities. Strong feelings
of nationalism, all the stronger as a reaction to the decades
of communist dictatorship that had denied and suppressed such
nationalist feelings, are promoting a policy of keeping foreigners "other" religious groups included, outdoors or under
control as much as possible. Government action to prevent
or limit the growth of new, "not-native" religious
movements is politically popular.
Nationalist feelings are also coming up in the West, partly
due to the increasing influx of people (refugees, asylumseekers
and others) from Third World countries, partly in reaction
to the ongoing process of European unification. As the European
Union is getting more and more influential, national borders
tend to decrease in importance. by contrast counter-movements
now emphasize the value of national identity. On the whole
in western European politics (like in Austria, Belgium, France,
the Netherlands), one sees a "shift to the right".
In the West, another factor is also influential, though. Here,
the trend of individualism, that has increased over several
centuries (as a result of the Renaissance and Enlightenment
movements), has resulted in a secularism that tends more and
more to marginalize the influence of religion on society.
To a large extent, religion has been driven away from the
public scene and is widely considered just a matter of private
life. That is why religious groups and institutions (like
Churches) are watched with some suspicion. Remembering the
dominant position of Christianity in former times, one is
always on the alert because of the danger of new religious
totalitarianism. Traditional Churches may have undergone a
process of modernisation, of adaptation to modern culture,
that is not necessarily so with religions, religious groups,
coming from outside. Religious extremism and fundamentalism
could be dangerous to attainments of western culture like
one-man-one-vote democracy and emancipation.
In short: while religious freedom is under fire in the East
because of the desire to preserve (national, collectivist)
unity, it is under fire in the West out of concern for true
(individual) freedom. The East is inclined to preserve unity
at the expense of personal freedom, religious freedom included;
the West is inclined to defend personal freedom at the expense
of unity, of community sense, religion as a binding force
included.
3.
Religious freedom: the basis of all freedom
How
can the dream of religious freedom become true? What kind
of State and State policy would be needed for that? By way
of conclusion, let me offer a few considerations on that issue.
Religious freedom cannot survive or exist in a society where
one religion is oppressingly dominant. Religious freedom for
all means that religious dissidents, religious minorities
have the same rights as the majority religion. It is the duty
of the State authorities to take care that these rights for
all, for minorities no less than for the majority, are safeguarded.
In that sense, western Europe could learn something from its
own history. The French Revolution was a major break-through
in the struggle for freedom against an oppressive, Christian
Ancien Régime. Its triumphant proclamation of freedom
included the proclamation of religious freedom. As it was
stated in the Declaration of Human Rights, issued in August
1789 by the new National Assembly, "No person should
be troubled for his opinions, even religious ones". This
break-through was necessary, for the sake of human dignity.
And the East could learn here from the West, to see aspects
of this human dignity it never has discovered.
However, history shows also how easily the ideal of personal
freedom can be absolutized and then results in its contrast:
new terror, new oppression. That happened in France, soon
after the revolution of 1789. The revolutionaries mistrusted
each other and fell victim to each other's violence, until
the "strong leader" (Napoleon) seized power and
the young French republic changed into a dictatorship, an
"empire". Some fifteen years later, the emperor
was defeated and the ancient order (in France and everywhere)
was restored. In and after 1848, another revolution broke
out in Paris, another manifestation of liberalism. Again,
after a few republican years (the second French republic),
France became an empire (this time under emperor Napoleon
III, a nephew of the first Napoleon).
We remember, the 1789 French Revolution had raised the slogan "Liberty, Equality, Fraternity". It had emphasized
itself "Liberty" most of all. Later, socialism and
communism came up, aiming, like liberalism, at real freedom,
but understanding that individual liberty is not enough to
guarantee real freedom, freedom for all. Like liberals, socialists
and communists were heirs of the French Revolution, however
emphasising "Equality". As soon as communism was
put into practice, in Soviet Russia in the beginning of the
20th century, later also elsewhere in eastern Europe (a western
system imposed in the East!), it too developed into a situation
of terror and dictatorship: the "dictatorship of the
proletariat".
Equally in the first half of the 20th century, two more, inter-related
emancipation movements came up: fascism in Italy and national-socialism
in Germany, the first more an extreme nationalism, the second
more an extreme racism. Fascists and national socialists too
were heirs of the French Revolution, stressing however the
ideal of (national or racial) "Fraternity". Again
we see: their projects of freedom and emancipation ended in
their contrast: another system of terror, with millions of
victims, another dictatorship: this time executed not in the
name of "Equality" but in the name of "Inequality".
Is it of significance that these respective "freedom
systems" had developed in an ideological spirit? Anyway,
true freedom had to be gained in a struggle against these
"freedom systems". Apparently, what proclaims "Liberty"
(or "Equality", or "Fraternity") is not
as such a guarantee for real freedom. And remarkably enough,
Churches sometimes were allies in that struggle, against both
atheist communism and pseudo-religious national socialism.
Remember: Churches, representing religious, Christian values,
such as had been more and more abolished, at least marginalised,
in western Europe since the French Revolution! Could religious
values be important in the struggle for true freedom? Is then
religious freedom, instead of being dangerous or suspicious
(as it is seen in a secularised society), rather of elementary
interest to understanding what freedom as such is about? Yes,
I think so.
Let
me elaborate a little on that. In the West, separation of
Church and State is considered one of the basic principles
of modern democracy. In that context, one also speaks of the "neutrality" of the State: the State itself refrains
from taking sides in any ideological or religious debate,
leaving that debate to the citizens themselves. The only thing
the State can and should do, it is felt, is: keeping things
administratively in order and providing for space so that
everyone can live according to his or her own private views
on matters of faith and ethics. Such private views may be
brought into discussion, but these discussions should not
and will not affect in any way.public life.
As the English Protestant theologian Lesslie Newbigin (who
died in 1998) has pointed out, western post-Enlightenment
culture is characterised by a fundamental dichotomy between
the private and the public worlds: the public world is the
world of "objective facts", scientifically tested
and established, whereas the private world is the world of
"subjective values", based on private views or beliefs.
It is this widely accepted idea of dichotomy between the two
worlds, that is the basis of the principles of separation
between Church and State and of the "neutrality of the
State", so characteristic of western culture.
As we heard, unlike one might expect, in a "neutral"
State religious freedom is not safe. It is strictly kept within
its limits. In the European Convention on Human Rights, it
is stated that "everyone has the right to freedom of
religion", which right includes, it is added, everyone's
right "to manifest his religion or belief". An additional
part of the article, however, deals with "limitations"
of this right, that "are prescribed by law and are necessary
in a democratic society in the interests of public safety,
for the protection of public order, health or morals, or for
the protection of the rights and freedoms of others".
This definition may seem to be a matter of selfevidence, at
the same time it opens the door to lots of discussions on
what are and what are not legitimate limitations. We have
heard that nowadays in western Europe the tendency exists
to restrict the right to religious freedom more severely than
possibly is justifiable. Where exactly does what is called
a "restriction" of that right in fact begin to be
a violation of it? It is difficult to answer this question
in practice. That, in turn, gives the authorities the opportunity
of interfering into religious matters whenever they think
that is needed.
So, a "neutral" State appears to be not so "neutral"
as it pretends to be. As a matter of fact, such neutrality
is impossible. Here, the West can learn from the East. The
State has to do with legislation; already that implies a moral
responsibility. The State just cannot be indifferent vis-à-vis
moral and ideological discussions, at least if it does not
want society to degenerate into a loose collection of fragments.
For its survival,.any society requires a certain extent of
community in standards and values, derived from its history
and tradition. The State has to be more than just the guardian
of free space for the expression of every private opinion.
Guarding that free space is already in itself a matter of
leaving indifference and taking sides. A State that would
like to stick to an absolute "neutrality" will soon
be taken over by ideological forces that jump into the vacuum
and bend things to their own will. That was what happened
in Italy and Germany, in the first half of the 20th century.
To avoid such a scenario, State authorities should be so wise
as to listen to what Churches and other religious groups have
to say on public issues. That was what the French politician
Jacques Delors, the then president of the European Commission
of the European Union, understood, when he called on the Churches
in Europe to contribute to the discussion on what is Europe's "Heart and Soul". He issued that call in the beginning
of the 1990's, and repeated it at the end of his term as president
of the Commission, in 1994. If the European Union is to be
more than just a matter of economic cooperation, if it is
to be a real community, then the Churches cannot be missed
in the discussion about Europe's future. Once politicians
are understanding such things, the matter of religious freedom
appears in another light.
I
am not pleading in favour of a return to a closed, Christian
monoculture like in western Europe in the Middle Ages. I am
pleading in favour of a State community in which the power
centre will be kept ideologically empty, i.e. kept free from
any tendency of totalitarianism. Politicians, political leaders,
are often inclined to overestimate the importance of politics.
Here, one should remember that "politics is not everything"
, that there is more to life than politics, that politics
does not decide on the ultimate meaning of life. It is not
up to the State to authoritatively determine what is to be
considered (ideologically) true or morally good, either in
a Christian sense or in any other religious or non-religious
sense. Rather, the State has the modest task:"to provide
for justice and peace" so that human life can be lived
in an imperfect world. As such, however, it has to be aware
of the other, essential dimensions in life, to be taken seriously
and to be discussed openly and freely. That such discussions
really take place is in the interest of the State itself,
of society at large. The State should encourage these discussions
and facilitate them. That is why also religious freedom is
so important, really indispensable, the basis of all freedom.
It has to be defended and guaranteed, not out of indifference
but out of an understanding of what really matters in society.
There are many religions and beliefs represented in society
today. Via their representatives, all are possible partners
in the social discussion. Churches and other religious groups
themselves have every reason to participate, as well as to
promote that it takes place indeed, instead of being blocked
by economic or bureaucratic forces (as it is so easily the
case). Nothing less than the quality of democracy is at stake
here. That should be a matter of major concern, also for those
who represent religious views.
Yes, it should be. But what if it is not? What if a certain
religious group would try to impose its views upon society
in a totalitarian way, thus aiming at occupying the power
centre for itself? We cannot close our eyes for that dark
possibility (a possibility that so often was a reality in
a "theocratic" past). I think, in such a situation
a firm conclusion would be necessary. The State would have
the right and the vocation to intervene in favour of democracy,
in order to keep the power centre ideologically empty. Such
a State intervention, that would block specific antidemocratic
actions of a specific religious group, would then not be a
restriction of the right to religious freedom; it would rather
be a step in defense of real religious freedom.
Of course, this is tricky. A State action against a specific
religious group can easily be out of place, based upon a misjudgment.
or a prejudice. The State authorities should be aware of the
danger and act very carefully. Churches and other religious
groups could and should be helpful in giving their advice.,
using their right to religious freedom and speaking out in
public.
Karel
Blei
IARF World Congress 2002, Budapest, July 30, 2002.
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