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New Page 3         LAW OFFICESBisceglie & Walsh1130 Seventeenth Street, N.W.Suite 400Washington, D.C. 20036 202-778-1160Facsimile 202-659-9536William C. Walsh Anthony P. Bisceglie wcwalsh@worldnet.att.net 5 August 1998 Director General Federico MayorUNESCO7 Place de Fontenoy75352 Paris 07-SPFRANCE RE: ARTISTIC and CULTURAL DISCRIMINATION: GERMANY Dear Director General Mayor: I am writing to you on behalf of the Church of Scientology of Germanyto apprise you of serious and systematic violations of the right to artistic and culturalrights against Scientologists in Germany and to respectfully request your assistance sothat these wholesale violations of rights protected and promoted by UNESCO cease. Scientologists in Germany continue to be excluded from sportsorganizations, denied the right to perform or exhibit their art, denied the right to beemployed as professional sports trainers, and denied the right to play professional sportsin Germany. German citizens identified as Scientologists as well as their children areblacklisted, boycotted, vilified, ostracized and threatened simply due to their personalbeliefs and their association with the religion of Scientology. The following cases are very recent examples of the censorship andostracization of Scientologists who are artists or athletes in Germany, but they are by nomeans exhaustive of such discrimination. They simply illustrate the continuing pattern andpractice of human rights violations which occur with frightening regularity to all who areidentified as Scientologists in Germany today. Although the first two cases concern discrimination of an accomplishedathlete and acclaimed musician in the private sector, it is important to note that theGerman government has fostered and fueled such discrimination. Indeed, the government hasurged all strata of society to isolate and ostracize Scientologists by economicallyblacklisting and boycotting anyone associated with Scientology. This is illustrated by so-called „sect filter" clauses incontracts recommended by the government to exclude Scientologists from employment and fromjoining associations. Such clauses have been adopted and promoted by the PermanentConference of Ministers and Senators of Interior of the States (See, e.g., DecisionMinutes of the Permanent Conference of Ministers and Senators of Interior of the States on15th December 1995), by state governments in Bavaria, Hamburg, Berlin andBaden-Wurttemburg, by the major political parties, and by federal ministers such asFederal Minister of Family Affairs Claudia Nolte and Federal Minister of Labor NorbertBluem, who have called for a ban of all Scientologists from occupations which"intersect with society", including schools, the government and businesscompanies. This government policy mandates that any private sector organizationdoing business with the government institute its own blacklisting policy if it wants tocontinue to contract with the government. For example, the Bavarian government requiresbusinesses contracting with the government to swear that no employees of the company„use the technology of L. Ron Hubbard." They also must swear that they willexclude persons from working on the fulfillment of any contract with Bavaria if they„apply, teach or otherwise distribute the technology of L. Ron Hubbard" duringthe contracting period. (Annex 1). This forces corporations to adopt the government’sexclusionary policy towards Scientologists or to suffer serious economic consequences. Asa result, the use of „sect filter" clauses in the private sector has becomesystematic throughout Germany. This policy is manifestly illegal and contrary to universalhuman rights instruments. Arnaud Boetsch Arnaud Boetsch is a highly acclaimed French professional tennis player.In 1995, he finished as the highest rated French singles tennis player. In 1996, he helpedFrance win the Davis Cup Title. Mr. Boetsch also happens to be a Scientologist. In November 1997, Rueppurr Tennis Club in Southern Germany signed acontract with Mr. Boetsch for him to represent the club in the German Championships League(Bundesliga) in July 1998. In June 1998, a German newspaper identified Mr. Boetsch’sassociation with Scientology in an article about him. A few days later, the President ofRuppuer Tennis Club held a press conference and announced that he had canceled Mr.Boetsch’s contract solely because of his association with the Church of Scientology.In the press conference, the Club President stated that the managing director of animportant sponsor of the club, the South German Bank LBS (Landesbausparkasse Baden,hereinafter „LBS"), threatened to cancel LBS’s sponsorship of the Clubunless Mr. Boetsch was dismissed immediately. The managing director confirmed this to thepress and stated that LBS’s policy is to require all employees to sign a „sectfilter" swearing that they are not a Scientologist. Newspaper articles regarding thepress conference, the LBS managing director’s statement, and the Club’sdismissal of Mr. Boetsch due to his association and beliefs are attached. (Annex 2). Mr. Boetsch was not informed of his cancellation by the Club untilafter the press conference. In response, Mr. Boetsch wrote to the President of theInternational Tennis Federation („Federation") on 16 June 1998, noting that„sport is sport and religion is religion, but what occurs in Germany today is a clearcut discrimination based on my personal beliefs and a violation of my human rights."Mr. Boetsch requested that the Federation intervene to make it clear that religion shouldnot be a „topic in sports at all" (Annex 3). The President of the Federationresponded that he was „sorry to hear of the attitudes which apparently have beenexpressed in connection with your membership of the Church of Scientology." He notedthat, although it is a „clear policy" of the Federation that such discrimination„is not tolerated," the Federation has no influence over German Bundesligapolicies. (Annex 4). Unfortunately, religious discrimination occurs on a regular basis insports in Germany. The National German Sports Association, the Deutscher Sportbund,recently published a brochure mailed to all their member associations urging the use of a„sect filter" clause requiring individuals to swear that they have no connectionto Scientology or Mr. Hubbard. The President of the Sports Association noted that the useof such a sect filter is in conformance with the policies of the federal government andother social organizations. (Annex 5). Mr. Boetsch’s religious beliefs are private. As he notes in hisletter to the Federation, he has never promoted his religion at tennis events. Yet,these discriminatory actions are designed to blacklist and to stigmatize Mr. Boetsch andto impair and impede his right to perform his profession in Germany simply due to hisreligious association and beliefs in contravention of his rights to freedom of expressionand the right to hold opinions without interference guaranteed by Article 19 of theInternational Covenant on Civil and Political Rights. These discriminatory actions alsocontravene the ideals espoused by UNESCO and articulated in the UNESCO InternationalCharter of Physical Education and Sport, which calls for nondiscrimination and integrationof minorities in sport „in order to encourage access to sport without discriminationand with complete equality." Enrique Ugarte Mr. Ugarte is an accomplished Spanish musician, composer and conductor.Mr. Ugarte is the European champion and Vice-World champion for accordion playing. He hascomposed an opera for 200 performers successfully staged in Munich and Kassel. He hasconducted some of the best orchestras in Europe, including the Basque National Orchestraand the English Chamber Orchestra. Mr. Ugarte currently resides in Germany and hasperformed in some of its finest concert halls, such as the Munich Philharmony and HamburgMusic Hall. As articulated in Mr. Ugarte’s letter and accompanying declaration(Annex 6), in June 1998, Mr. Ugarte was offered the position of musical director for aninternational „Opera Circus" by a Stuttgart company, C&P Gruppe. Mr.Ugarte’s agent, at the company’s request, submitted a contract for Mr.Ugarte’s services for the two year tour of the „Opera Circus." During ameeting to finalize the contract, Mr. Ugarte mentioned to Mr. Conzelmann, the chiefexecutive officer of C&P, that he was a parishioner of the Church of Scientology. LikeMr. Boetsch, Mr. Ugarte’s religious beliefs are private. As he notes in his letter,he does not mix his profession and his religion. In a subsequent meeting in July 1998, Mr. Conzelmann informed Mr.Ugarte and his agent that he could no longer contract for Mr. Ugarte’s services dueto his association with Scientology. Mr. Conzelmann stated that C&P was required, asan organizer of artistic events, to sign several contracts with sponsoring companiesprohibiting C&P from employing members of the Church of Scientology. Mr. Conzelmannshowed Mr. Ugarte a document from South German Bank (LBS), the same sponsor involved inblacklisting Mr. Boetsch, containing a „sect filter" clause requiring C&Pnot to employ Scientologists. Mr. Conzelmann also stated to Mr. Ugarte and his agent thatDaimler Benz AG also requested C&P to agree to a contract with a „sectfilter" clause. Mr. Conzelmann noted that he risked losing the support of„hundreds of sponsors" if he employed the services of an artist who is aScientologist. In a subsequent phone call, Mr. Conzelmann informed Mr. Ugarte’s agentthat C&P had signed sixteen contracts with different German sponsoring companiesforbidding C&P from employing the services of Scientologists. (Annex 9). Other German and foreign artists who also happen to be Scientologistscontinue to be subject to similar blacklisting and boycotting actions in Germany. TheGerman government has made it clear to concert and exhibit organizers and sponsors thatScientologists are not welcome at such events. As noted in Suddeutsche Zeitung on 4 July1998, the Bavarian Ministry of Interior has recommended to all municipalities that it„refuse and withdraw any state support" if Scientologists are participating.Bavarian Minister of Interior Beckstein has written to the organizer of Jazz DaysBurghausen demanding that he not let Scientologists perform there in 1998. Also in July1998, Bavarian Prime Minister Stoiber announced that he would not have assumed the role ofpatron of the Elmau Jazz Festival if he had known that Jazz pianist Chick Corea would beperforming there. (Annex 10). The freedom to create and communicate an artist's vision free fromstate interference is one of the most cherished of all freedoms and the most fundamentalof human rights. Yet, Mr. Ugarte and other artists associated with the Scientologyreligion have been censored and blacklisted in violation of fundamental rights to freedomof expression. These discriminatory actions represent an attack on human rights andfreedom of expression for every artist and individual by contravening the values andrights established by the Universal Declaration of Human Rights, the InternationalCovenant on Civil and Political Rights, the International Covenant on Economic, Social andCultural Rights, UNESCO's Recommendation Concerning The Status of the Artist, and otherinternational instruments. UNESCO's Recommendation Regarding The Status of the Artist recognizesthat the arts are an integral part of life and that it is necessary for governments tohelp create and sustain a climate encouraging freedom of artistic expression. GuidingPrinciple Six notes that "freedom of expression and communication is the essentialprerequisite for all artistic activities. Member States should see that artists areunequivocally accorded the protection provided for in this respect by international andnational legislation concerning human rights." Guiding Principle Eight notes thatMember States "should ensure that all individuals, irrespective of race, color, sex,language, religion, political or other opinion, national or social origin, economic statusor birth, have the same opportunities to ... obtain employment, and to exercise theirprofession without discrimination." Despite these principles, the rights of artists or athletes , indeedthe rights of Scientologists in any profession , are routinely violated through systematicuse of „sect filters" in both the public and private sector to ostracize anddisenfranchise Scientologists due to their personal opinions and beliefs. Conclusion The stark truth is that matters are getting worse, not better, forartists and athletes who are Scientologists and who live or perform in Germany. The Germangovernment continues to implement discriminatory actions and statements againstScientologists despite the fact that they have adduced not one iota of evidence to supporttheir ludicrous charges. As recognized by UNESCO in its Guiding Principles on the Status of theArtist, as art "reflects, preserves, and enriches the cultural identity and spiritualheritage of the various societies, constitutes a universal form of expression andcommunication, and as a common denominator in ethnic, cultural or religious differences,brings home to everyone the sense of belonging to the human community", member statessuch as Germany should "accordingly and for these purposes ensure that the populationas a whole has access to art." Likewise, the UNESCO International Charter of PhysicalEducation and Sport calls upon member states such as Germany to practice nondiscriminationand integration of minorities in sport „in order to encourage access to sport withoutdiscrimination and with complete equality." The German government has violated these guiding principles by denyingthe German public unfettered access to the concerts and exhibits of Scientology artists,by attempting to boycott films starring artists who happen to be Scientologists, bycanceling the contracts of Scientologists who are professional athletes and athletictrainers, and by otherwise interfering with artistic freedom and expression of Scientologyartists through derogatory public statements and pronouncements designed to censor theirartistic expression solely due to their religious association with the Church ofScientology. Most importantly, these discriminatory actions do not simply injurethese artists and athletes. They represent an assault by the German government on therights of all artists to create and perform their art free from state censorship and stateinterference, the right of athletes to engage in their sport free from religiousdiscrimination, and the right of the public to have access to art and athletics free fromgovernment censorship and interference. If this encroachment is allowed to go unchallenged, what steps will betaken next? What other artists and athletes will be denied access to the public because oftheir religious affiliation or ideological association? Will others who happen to beassociated with other minority religions not in favor with the state also be singled outfor discriminatory treatment? Under these circumstances, UNESCO should investigate the blacklistingand boycotting of Scientology artists and athletes and take appropriate action so thatothers do not suffer similar suppression due to their religious or ideologicalaffiliation. Thank you for your consideration of this matter. Respectfully submitted, William C. Walsh  Home  Send mail to Webmaster with questions or comments about this web site. Copyright © 1998 Alliance for Liberty and Rights of Minorities This page was last updated Sunday, January 06, 2002 |
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