Translated into English by:
Wolfgang Fehlberg and Monica Ulloa-Fehlberg
Editor: Deutscher Bundestag
Referat Öffentlichkeitsarbeit
Bonn 1998
 
Overall production: Bonner Universitäts-Buchdruckerei Die Deutsche Bibliothek - CIP-Einheitsaufnahme
Final Report of the Enquete Commission on "So-called Sects and Psychogroups"
New Religious and Ideological Communities and Psychogroups in the Federal Republic of Germany
Transl. into English by: Wolfgang Fehlberg and Monica Ulloa-Fehlberg
[Ed.: Deutscher Bundestag, Referat Öffentlichkeitsarbeit]. -
Bonn: Dt. Bundestag, Referat Öffentlichkeitsarbeit, 1998
(Zur Sache; 98, 5)
ISBN 3-930343-43-3
Foreword
 
Since the late 1960s, our society has experienced profound changes. Formerly clear-cut standards in terms of life-styles, values and the meaning of life have become less and less binding. New life-styles and new sources of meaning are evolving and competing with each other. At the same time, the individual is expected to be highly efficient, as well as highly flexible, mobile and willing to take decisions. This leads to a great deal of uncertainty.
 
Both as a response and as a reaction to this development, a plethora of new religious and ideological communities and psychogroups has emerged in the past 20 years. Some of them offer alternative life worlds in which individuals hope to find caring, a sense of community and orientation, as well as "refuge" from the demands of society, or opportunities for religious devotion, or meaning in their lives. Other groups, however, promise "ideal adaptation" to the challenges of the modern age by suggesting to individuals that they will able to increase and strengthen their efficiency to an unrealistic extent. Many people in the Federal Republic of Germany have observed this development with great concern.
 
This situation led to the establishment of the Enquete Commission on "So-called Sects and Psychogroups". In order to find out what conflicts can be ascribed to the new religious and ideological communities and psychogroups, and in order to decide whether governmental action is required, and if so, in what areas, the Enquete Commission analysed the phenomenon extensively and in its many facets within a period of only two years. During this analysis, the Commission found that there were substantial gaps in research available in German-language countries. By awarding contracts for research projects and expert reports that could be completed within the short period of time available, the Enquete Commission helped considerably to improve the research findings available.
 
In its final report, the Commission presents the findings obtained during its work, which was limited to identifying problems and conflicts that arise in connection with new religious and ideological communities and psychogroups. It was not part of the Commission's brief to scrutinize specific groups, let alone their religious beliefs. Freedom of religion, freedom of conscience, and freedom of belief are cardinal and inalienable human rights to which the Commission is firmly and wholeheartedly committed. In its work, the Commission has always been guided by the principles of governmental neutrality and tolerance as laid down in Article 4 of the German Constitution.
 
The Enquete Commission was confronted not only with fears of citizens with regard to the perils associated with "so-called sects" but also with the concern of many communities that they might be labeled as "harmful sects" and treated as such.
 
The Commission also dealt intensively with this side of the problem, and it is very much against stigmatizing such groups "lock, stock, and barrel" and against using the term "sect" because of its negative connotations. The rejection f the term "sect" is also supported by Enquete Commission's finding that only a small number of the groups which have often been summed up with the term "sect" in the past is problematic. It would therefore be irresponsible to continue to use the term "sect" for all new religious and ideological communities.
 
A research project for which the Commission had awarded a contract showed that people who feel attracted to new religious or ideological communities are not "passive victims". Instead, they have a number of needs, desires or problems in life which they hope will be fulfilled, satisfied and solved in such communities. Whether individuals join a community and stay there or drop out, depends on the quality of the "fit" between their expectations and the answers and the milieu provided by the communities.
 
For a realistic discussion of this societal phenomenon - i.e. a discussion in which the issue is neither exaggerated nor played down - it is indispensable to have reliable empirical findings and well-founded scientific studies of the various aspects involved in this issue. In this context, it is necessary to remedy considerable shortcomings in research.
 
Religious pluralism is a characteristic feature of our society. The communities of the major world religions exist side by side with a host of smaller groups representing a wide variety of religious beliefs. This fact alone should not be a bone of contention that leads to governmental intervention. Instead, government must respect each individual's choice of a given religious belief. However, whenever laws are violated, whenever basic rights are infringed upon, or worse, whenever crimes are committed under the guise of religion, government cannot remain passive.
 
The Commission feels that, below this threshold of imperative governmental interventions, government is called upon to provide support and assistance. While government must not impose any rules that dictate how individuals should live their lives, it can support its citizens in an increasingly complex and rapidly changing world by providing information and education.
 
The scope of governmental action in dealing with new religious and ideological communities and psychogroups ranges from education and information on the one hand, to specific legislative measures, on the other. This spectrum is reflected by the Enquete Commission's recommendations for action. They include both possible and necessary governmental interventions. The Commission's recommendations for legislative action draw attention to gaps in the current legislation and suggest ways of filling these gaps. The establishment of a foundation which is expected to bundle the various aspects involved when dealing with new religious and ideological communities and psychogroups is one forward-looking proposal. For any further work on this subject, it will be indispensable to open a dialogue across national borders. International co-operation will be necessary because the phenomenon will not remain limited to the Federal Republic of Germany; in fact, it is a symptom of modern Western societies.
 
Helping individuals to find orientation and to cope with life is a challenge which government cannot master on its own. Instead, a government must both respect and insist on the personal responsibility of its citizens. To make this happen, politicians and all groups in society must interact closely. It is necessary to impart knowledge, to teach tolerance and solidarity, and to strengthen the individual's critical faculties as well as his or her ability to cope with conflicts. This will not only protect the individual from being drawn to problematic groups, but it will also give legitimate new religious and ideological communities the room for maneuver in our society that they deserve.
 
I would like to thank all those who have constructively supported our efforts in a variety of ways and who have thus contributed to the successful completion of our work.
 
(SIGNATURE)
Ortrun Schätzle, MP
Chairperson of the Enquete Commission on
"So-called Sects and Psychogroups"


 
Composition of the Enquete Commission on "So-called Sects and Psychogroups"
 
 
Members
Chairperson: Ortrun Schätzle, MP
Deputy chairperson: Gisela Schröter, M P
 
The members of the German Bundestag
Ordinary members Substitute members
CDU/CSU
Helmut Jawurek, MP Hermann Gröhe, MP
Eckart von Klaeden, MP Sigrun Löwisch, MP
Ronald Pofalla, MP (spokesman) Marlies Pretzlaff, MP
Ortrun Schätzle, MP Johannes Singhammer, MP
Birgit Schnieber-Jastram, MP Kersten Wetzel, MP
 
SPD
Alfred Hartenbach, MP Angelika Graf, MP
Angelika Mertens, MP Klaus Hagemann, MP
Renate Rennebach, MP (spokeswoman) Prof. Dr. Jürgen Meyer, MP
Gisela Schröter, MP Regina Schmidt-Zadel, MP
 
F.D.P.
Roland Kohn, MP (spokesman) Birgit Homburger, MP
 
Bündnis 90/Die Grünen
Dr Angelika Köster-Loûack, MP Volker Beck (Cologne), MP (spokeswoman)
 
PDS
Ulla Jelpke, MP (spokeswoman) Rosel Neuhäuser, MP
 
The experts
Professor Dr Ralf Bernd Abel
Department of Business Law at the Fachhochschule Schmalkalden
 
Ingolf Christiansen
Commissioner for Ideology Issues of the Lutheran Protestant Church District of Göttingen
 
Ursula Caberta y Diaz
Head of the Scientology Task Force, Ministry of the Interior, Hamburg
 
Dr Jürgen Eiben
Social scientist, Bonn
 
Hans Gasper
Theologian, Commissioner for Sects, Pastoral Centre of the German Conference of Bishops, Bonn
 
Werner Gross
Psychologist, Association of German Psychologists, Bonn
 
Professor Dr Werner Helsper
Department of Philosophy/Education, Teachers' Training College of the Johannes Gutenberg University in Mainz
 
Dr habil Hansjörg Hemminger
Centre for Ideology Issues, Protestant Parish Service for Württemberg, Stuttgart
 
Dr Jürgen Keltsch
Bavarian State Ministry of the Interior, Munich
 
Professor Dr Hubert Seiwert
Institute of Religious Studies at the University of Leipzig
 
Dr Bernd Steinmetz
Richter am Landgericht Hamburg
 
Professor Dr Hartmut Zinser
Institute of Religious Studies at the Free University of Berlin
 
Commission secretariat
The German Bundestag made a secretariat available to the Enquete Commission in order to provide organisational and scientific support to the Commission in its work.
 
Director of the secretariat: Dr Jutta Wettengel
 
Deputy director of the secretariat: Katja Meyer zu Heringdorf, lawyer
 
Academic staff: Andreas Klump, political scientist
Hardo Müggenburg, social scientist
Wolfgang Wittmann, social scientist
 
Office manager: Beate Hess, administrative science graduate
 
First Commission secretary: Sabine Reeb
 
Second Commission secretary: Petra Becker
 
Academic staff employed by, and working for, the various parliamentary groups
 
CDU/CSU: Dr Christoph Golsong
Ulrike Heuberger
SPD: Frank Sassenscheidt-Grote
BÜNDNIS 90/DIE GRÜNEN: Wolfgang Bayer
Ralf Klemm
F.D.P.: Sabine Scholz
PDS: Gudrun Hentges
 


Table of Contents
Page
1 Mandate and Implementation of the Work of the Enquete Commission on
"So-called Sects and Psychogroups" . . . . . 19
1.1 Description of the Problem, as well as the Commission's Establishment and Mandate . . .. 19
1.2 The Commission's Methodological Approach. . . . . . . . . . . . . . 23
2 Phenomenological, Terminological and Conceptual Clarification of the
Subject under Review . . . . . . . . . . . . . . . . . . 27
2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
2.2 The Term "Sect" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
2.2.1 Historical Meanings of the Term "Sect" . . . . . . . . . . . . . . . . . . 28
2.2.2 The Term "Sect" as Used in Scientific History . . . . . . . . . . . . . . 29
2.2.3 The Term "Sect" as Used in Colloquial Language . . . . . . . . . . . 29
2.2.4 Understanding of the Phenomenon in Social Sciences . . . . . . . 30
2.2.5 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2.3 The Term "Psychogroup". . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2.4 Types of Conflict with "Sects" and "Psychogroups" . . . . . . . . . 33
2.5 The Term "Sect" and Religious Conflicts . . . . . . . . . . . . . . . . . 34
2.6 The Term "Sect" as Used by Governmental Bodies. . . . . . . . . . 35
2.7 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
3 Macrosocial and Microsocial Dimensions of the Phenomenon. 38
3.1 Societal Causes of, and Conditions for, the Emergence and Growth of
New Religious and Ideological Communities and Psychogroups. . . . . . . . . . . . . . . . . . . . 38
3.1.1 Preliminary Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
3.1.2 From the Traditional Community to the Elective Community . . . 39
3.1.3 Modern Biographies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3.1.4 Societal Secularity and Religious Indifference. . . . . . . . . . . . . . 42
3.1.5 Supply of, and Demand for, Meaning, Life-Counselling, and Personality Development. .. 45
3.1.6 Globalisation and Localisation . . . . . . . . . . . . . . . . . . . . . . . . . 47
3.1.7 Media and Public Awareness . . . . . . . . . . . . . . . . . . . . . . . . 48
3.1.8 Experience Orientation as a Selection Criterion . . . . . . . . . . . . 49
3.1.9 Modern Society: A Communication Society . . . . . . . . . . . . . . . 51
3.2 New Religious and Ideological Communities and Psychogroups as
Perceived in Society . . . . . . . . . . . . . . . . . . . . . . . . 53
3.2.1 Historical Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
3.2.2 Objectives and Instruments of Governmental Intervention. . . . . 55
3.2.3 New Religious and Ideological Communities and Psychogroups:
A Challenge for Society . . . . . . . . . . . . . . . . . . . . . . . . 56
3.2.4 Survey among Various Groups. . . . . . . . . . . . . . . . . . . . . . . . . 59
3.2.5 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
3.3 Group Structures, Activities and Objectives . . . . . . . . . . . . . . . 63
3.3.1 Opportunities for, and Limits to, a Typology . . . . . . . . . . . . . . . 63
3.3.2 Overview of Structural Elements of New Religious and Ideological
Communities and Psychogroups. . . . . . . . . . . . . . . . . . 65
3.3.3 Description of Typologically Generalised Groups . . . . . . . . . . . 67
3.3.4 Mixed Forms, Business and Pyramid Selling . . . . . . . . . . . . . . 70
3.3.5 Potential Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
3.3.6 Digression: Enlistment and Recruitment Strategies. . . . . . . . . . 74
3.4 Occultism/Satanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
3.4.1 The Scope of Occult and Satanic Phenomena . . . . . . . . . . . . . 79
3.4.2 Modern Occultism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
3.4.3 Modern Satanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
3.4.4 Typologies of Satanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
3.4.5 Examples of Problematic Practices and Rituals in Satanism . . . 83
3.4.6 Areas of Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
3.5 The Psycho-market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
3.5.1 Issues and Hypotheses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
3.5.2 Study on the Alternative Life-Counselling Market . . . . . . . . . . . 90
3.5.2.1 Consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
3.5.2.2 Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
3.5.3 Problems, Risks, Negative Experience . . . . . . . . . . . . . . . . . . . 101
3.5.4 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
3.5.5 Suggestions for Further Research . . . . . . . . . . . . . . . . . . . . . . 104
3.6 Entry Pathways and Membership Histories in New Religious and Ideological
Communities and Psychogroups; Results of the Research Projects on "Drop-outs,
Converts, and Believers: Contrasting Biographical Analyses of Why Individuals Join,
Have a Career, and Stay in, or Drop out of, Religious/Ideological Contexts or Groups" . 105
3.7 Social and Psychological Effects of Membership in New Religious and Ideological
Communities and Psychogroups . . . . . . 112
4 Information and Counselling . . . . . . . . . . . . . . . . . . . . . . . . . 116
4.1 Information Provided by Governmental Bodies. . . . . . . . . . . . . 116
4.2 Counselling and Information Provided by Non-governmental Bodies . .. . . . . . . . . . . . . . . 118
4.2.1 Need for Information and Counselling from Non-governmental Centres. . . . . . . . . . . . . . 118
4.2.2 Current Basic Elements of Conflict Perception . . . . . . . . . . . . . 120
4.2.3 Need for Counselling and the Underlying Conflicts: Findings of the Expert Report
Prepared by the Department for Sects and Ideological Issues in the Diocese of Aachen . 122
4.2.4 General Conditions of Counselling Work. . . . . . . . . . . . . . . . . . 126
4.2.5 Lay Helpers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
4.2.6 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
4.3 Education and Continuing Education . . . . . . . . . . . . . . . . . . . . 133
4.3.1 Information and Education Provided to Individuals and Associations . . . . . . . . . . . . . . . . 133
4.3.2 Information and Education Provided to Public Officials . . . . . . . 137
4.4 Research and Teaching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
5 Analysis of Specific Priority Issues . . . . . . . . . . . . . . . . . . . . 140
5.1 Forms of Social Control and Psychological Destabilisation . . . . 140
5.1.1 Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
5.1.2 Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
5.1.3 Levels of Psychological Dependency . . . . . . . . . . . . . . . . . . . . 142
5.1.4 Religious Dependency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
5.1.5 Levels of Social Control and Manipulative Elements . . . . . . . . . 149
5.1.6 Potential Dangers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
5.1.7 Interim Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
5.1.8 Opportunities and Need for Governmental Interventions . . . . . . 154
5.1.9 Ethical Standards, Voluntary Commitments, (Moral) Appeals . . 155
5.1.10 Institutional Recommendations . . . . . . . . . . . . . . . . . . . . . . . . 156
5.1.11 Recommendation to Fund Research Aimed at Shedding More Light on the
Issues at Stake . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
5.2 Children and Adolescents in New Religious and Ideological Communities and
Psychogroups . . . . . . . . . . . . . . . . . . . . . . . 157
5.2.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
5.2.2 Conflicts and Approaches to Coping with Conflicts in New Religious and Ideological
Communities and Psychogroups, as Compared with the Principles of Modern Life-styles. 159
5.2.3 Assessing the Education of Children in the Belief Systems of New Religious and
Ideological Communities and Psychogroups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
5.2.4 The Situation of Children and Adolescents in New Religious and Ideological
Communities and Psychogroups . . . . . . . . . . . 163
5.2.4.1 The Unification Church . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
5.2.4.2 Fundamentalist Currents in Groups and Movements of Christian Origin . . . . . . . . . . . . . . 165
5.2.4.3 Hindu and Meditative Currents. . . . . . . . . . . . . . . . . . . . . . . . . 167
5.2.4.4 Scientology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
5.2.4.5 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
5.2.5 Educational Conflict Areas and Potential Hazards. . . . . . . . . . . 174
5.2.5.1 Problem Clusters within the Family . . . . . . . . . . . . . . . . . . . . . 174
5.2.5.2 Problems and Conflicts in Relation to Schools, Peers, Youth Culture, and Other
Fields of Experience of Children and Adolescents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
5.2.5.3 Problems and Conflicts Affecting the Social Integration and Individualisation of
Children and Adolescents . . . . . . . . . . . . . . . 179
5.2.6 Digression: Ritual Abuse of Children: An Occult-Satanic Phenomenon?. . . . . . . . . . . . . . 181
5.2.6.1 Ritual Abuse, Dissociation, Multiple Personalities . . . . . . . . . . . 181
5.2.6.2 Qualifications and Question-marks . . . . . . . . . . . . . . . . . . . . . 183
5.2.6.3 How Widespread Are these Practices?. . . . . . . . . . . . . . . . . . . 185
5.2.6.4 Ritual Abuse: Summing Up . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
5.2.7 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
5.3 Economic Aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
5.3.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
5.3.2 Examples of Commercial Enterprises. . . . . . . . . . . . . . . . . . . . 189
5.3.3 Pyramid Selling and Multi-level Marketing Systems . . . . . . . . . 194
5.3.4 Pyramid Selling as a So-called "Commercial Cult" . . . . . . . . . . 196
5.3.5 Profit Expectation Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
5.3 International Aspects of New Religious and Ideological Communities and
Psychogroups. . . . . . . . . . . . . . . . . . . . . . . . . . . 200
5.4.1 Comparable Problems in Other Countries . . . . . . . . . . . . . . . . 200
5.4.1.1 Problem Description and the Enquete Commission's Mandate . 200
5.4.1.2 Scope and Scale of New Religious and Ideological Communities and Psychogroups . .. . . 203
5.4.1.3 Legal Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
5.4.1.4 Legal Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
5.4.1.5 International Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
5.4.1.6 Perceptions in the Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
5.4.1.7 Counselling and Information . . . . . . . . . . . . . . . . . . . . . . . . . . 214
5.4.1.8 Parliamentary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
5.4.1.9 European Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
5.4.1.10 Parliamentary Assembly of the Council of Europe. . . . . . . . . . . 220
5.4.1.11 Conclusions of Parliamentary Reports . . . . . . . . . . . . . . . . . . . 220
5.4.1.12 Implementation of Parliamentary Reports. . . . . . . . . . . . . . . . . 222
5.4.1.13 Conclusions for the Debate in Germany . . . . . . . . . . . . . . . . . . 223
5.4.1.14 International Co-operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
5.4.2 International Links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
5.4.3 Visit by a Delegation to the United States . . . . . . . . . . . . . . . . . 228
5.5 Legal Aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
5.5.1 Overview of Relevant Case Law. . . . . . . . . . . . . . . . . . . . . . . . 233
5.5.2 General Problems Involved in Legal Disputes . . . . . . . . . . . . . . 242
5.5.2.1 Behaviour of New Religious and Ideological Communities and Psychogroups in
Terms of Legal Proceedings. . . . . . . . . . . . . . 242
5.5.2.2 Typical Difficulties for Individuals in Legal Disputes . . . . . . . . . . 243
5.5.3 Constitutional Appraisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
5.5.3.1 Article 4 of the German Constitution. . . . . . . . . . . . . . . . . . . . . 246
5.5.3.2 Rights of Corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
5.5.4 Application and/or Extension of the Scope of Existing Law . . . . 251
5.5.4.1 Association and Tax Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
5.5.4.2 Act on Non-Medical Practitioners. . . . . . . . . . . . . . . . . . . . . . . 252
5.5.4.3 Provisions of the Law on Parents and Children . . . . . . . . . . . . . 259
5.5.4.4 Usury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
5.5.4.5 The Act on Psychotherapists . . . . . . . . . . . . . . . . . . . . . . . . . . 266
5.5.4.6 Aspects of Labour and Social Security Law . . . . . . . . . . . . . . . 266
5.5.5 Legal Provisions to be Adopted in Future . . . . . . . . . . . . . . . . . 272
5.5.5.1 Establishment of a Foundation in the Field of "New Religious and Ideological
Communities and Psychogroups" . . . . . . . . . . 272
5.5.5.2 Introduction of a Legal Regime on the Provision of Public Funds for Private
Counselling and Information Centres . . . . . . . 273
5.5.5.3 Act on Commercial Life-Counselling Services. . . . . . . . . . . . . . 277
5.5.5.4 Introduction of Criminal Liability of Legal Entities and Associations of Persons . . . . . . . 278
5.5.5.5 Making the Organisation of So-called Pyramid Games a Separate Criminal Offence. . 280
6 Opinion and Recommendations for Action . . . . . . . . . . . . . . 281
6.1 Opinion of the Enquete Commission on the General Societal Phenomenon of New
Religious and Ideological Communities and Psychogroups . . . . . . .. . . . . . . . . . . . . . . . . . 281
6.2 Recommendations for Action. . . . . . . . . . . . . . . . . . . . . . . . . . 285
6.2.1 Constitutional Appraisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
6.2.1.1 Article 4 of the German Constitution. . . . . . . . . . . . . . . . . . . . . 285
6.2.1.2 Rights of Corporate Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
6.2.2 New Legal Provisions to be Adopted in Future . . . . . . . . . . . . . 285
6.2.2.1 Act Establishing a Foundation . . . . . . . . . . . . . . . . . . . . . . . . . 285
6.2.2.2 Introduction of a Legal Regime for the Provision of Public Funds for Private
Counselling and Information Centres . . . . . . . 286
6.2.2.3 Act Governing Commercial Life-Counselling Services. . . . . . . . 286
6.2.2.3 Introduction of Responsibility under Criminal Law for Legal Entities and
Associations of Persons . . . . . . . . . . . . . . . . . . . . 286
6.2.2.5 Making the Organisation of So-called Pyramid Games a Separate Criminal Offence.. . . . . 287
6.2.2.6 Including Pyramid Selling in the Scope of Application of Legislation on Financial
and Insurance Services Intermediaries . . . . . 287
6.2.3 Applying, and/or Extending the Scope of, Legislation Currently in Force. . . . . . . . . . . . . . 287
6.2.3.1 Activities of the Federal Administrative Office in the Field of "New Religious
and Ideological Communities and Psychogroups". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
6.2.3.2 Association and Tax Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
6.2.3.3 Act on Non-Medical Practitioners. . . . . . . . . . . . . . . . . . . . . . . 288
6.2.3.4 Legal provisions on the Relationship between Parents and Children . . . .. . . . . . . . . . . . . . 289
6.2.3.5 Usury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
6.2.3.6 Act on Psychotherapists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
6.2.4 Observation of the Scientology Organisation by Germany's Offices for the
Protection of the Constitution . . . . . . . . . . . . . . 291
6.2.5 International Co-operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
6.2.5 A Common Approach towards New Religious and Ideological Communities and
Psychogroups in the European Union . . . . . . 291
6.2.7 Occultism/Satanism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
6.2.8 Education and Continuing Education . . . . . . . . . . . . . . . . . . . . 292
6.2.9 Funding of Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
6.2.10 Transparency of the Psycho-market . . . . . . . . . . . . . . . . . . . . . 294
6.2.11 Conflict Reduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
6.2.12 Avoiding the Use of the Term "Sect". . . . . . . . . . . . . . . . . . . . . 295
6.2.13 Duty of the German Federal Government to Submit Reports . . . 295
 
Minority Opinions
Minority Opinion Submitted by Commission Members Dr Jürgen Eiben, Professor Dr Werner
Helsper, Dr Angelika Köster-Loûack, MP, Professor Dr Hubert Seiwert with Regard to
Chapter 4.2.1 "Need for Information and Counselling from Non-governmental Centres". . . . . . 296
Minority Opinion Submitted by the Working Group of the SPD's Parliamentary Group
in the Enquete Commission on "So-called Sects and Psychogroups" with Regard to
Chapter 5.5.3.2 (Rights of Corporations) and the Relevant Recommendation for
Action in Chapter 6.2.1.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Minority Opinion Submitted by Ursula Caberta y Diaz, Alfred Hartenbach, MP,
Dr habil Hansjörg Hemminger, Renate Rennebach, MP, Gisela Schröter, MP, Dr
Bernd Steinmetz and Professor Dr Hartmut Zinser, Members of the Working Group of
the SPD's Parliamentary Group in the Enquete Commission on "So-called Sects
and Psychogroups" with regard to Chapter 6.1 "Opinion of the Enquete Commission
on the General Societal Phenomenon of New Religious and Ideological Communities
and Psychogroups" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Minority Opinion Submitted by Commission Members Professor Dr Ralf-Bernd Abel,
Ursula Caberta y Diaz, Dr Jürgen Keltsch, Professor Dr Hartmut Zinser with Regard to
the Commission's Final Report . . . . . . . . . . . . . 303
Minority Opinion Submitted by Dr Angelika Köster-Loûack, MP, and Professor Dr Hubert
Seiwert, Members of the Working Group of the Parliamentary Group of BÜNDNIS
90/DIE GRÜNEN in the Enquete Commission on "So-called Sects and Psychogroups"
with Regard to the Commission's Final Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Annex
The Research Project on "Drop-outs, Converts, and Believers: Contrasting Biographical
Analyses of Why Individuals Join, Have a Career and Stay in, or Leave, Religious/Ideological
Contexts or Groups" . . . . . . . . . . . . . . . . . 371


1 Mandate and Implementation of the Work of the Enquete Commission on "So-called Sects and Psychogroups"
1.1 Description of the problem as well as the Commission's establishment and mandate
 
With the votes of the CDU/CSU, F.D.P. and SPD, the German Bundestag adopted a recommendation for a decision on 9 May 1996 - submitted by the Committee for Scrutiny of Elections, Immunity, and Rules of Procedure in
response to a motion tabled by the SPD's parliamentary group (Bundestag Doc. 13/3867) - establishing the Enquete Commission on "So-called Sects and Psychogroups" (Bundestag Doc. 13/4477).
 
With this decision, the German Bundestag followed a recommendation made by the Petitions Committee on 25 October 1995 to establish an Enquete commission in order to clarify a host of legal questions brought to the attention of the
Petitions Committee by concerned citizens.
 
These questions and concerns were not new; along with personally affected individuals, information and counselling centres had been increasingly preoccupied with these issues since the 1960s. In every-day usage, the term "sect" has long since stopped referring exclusively to religious movements; instead, it also covers ideological, philosophical, psychological, educational, and political communities. A group's history of ideas is no longer the only factor that determines the use of the term "sect" but also - and primarily - the presence of a certain potential for conflict. The groupings which are referred to under the generic term "sects" are accused of, among other things, isolating and psychologically manipulating individuals by means of totalitarian internal structures and the use of problematic methods of taking influence, as well as fraud, exploitation and the infliction of severe mental damage on members and their families; however, they are also accused of devising antidemocratic societal systems.
 
Because of the widespread use of the term "sect" in every-day language, the German Bundestag decided to give the Enquete Commission the working title "So-called Sects and Psychogroups". This title is evidence of the fact that the
German Bundestag rejects any sweeping statements flatly condemning all communities believed to belong to the spectrum of groups that might spark conflicts.
 
In its work, the Enquete Commission did not start off by focusing on specific groups; instead, the Commission began by examining and analysing the potential conflicts ascribed to the phenomenon of new religious and ideological communities and psychogroups. This was the mandate assigned to the Enquete Commission by the German Bundestag in its decision to establish the Commission. Hence, the Enquete Commission has not endeavoured to appraise religions
 
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or ideologies; nor has it drawn up a list of all the groups which are active in the Federal Republic of Germany because such a list would involve a considerable risk that the groups mentioned therein might be stigmatized.
 
The Commission's remit was to analyse conflict and problem areas in the field of new religious and ideological communities and psychogroups and to find solutions without scrutinizing religious beliefs. On the one hand, this brief was fully in keeping with the freedom of religion and the freedom of religious belief guaranteed by the German Constitution, as well as the associated religious and ideological neutrality of government; with its remit, the Enquete Commission also fulfilled a duty incumbent upon the State, which is to protect individuals against any encroachment upon their rights, and to protect society as a whole.
 
Under the German Bundestag's decision to establish the Commission, the latter had the mandate to deal with four priority areas in its work:
 
"1. To analyse the objectives, activities and practices of so-called sects and psychogroups that are active in the Federal Republic of Germany
This analysis is expected to
· identify dangers emanating from these organisations for the individual, the State, and society;
· appraise open and concealed societal objectives pursued by these organisations;
· identify national and international interconnections of these organisations, and
· identify the limits to recourse to the constitutionally guaranteed freedom of religion for more recently established religious and ideological movements, so-called sects and psychogroups.
"2. To find out why individuals join so-called sects or psychogroups and why such organisations are growing in membership
To this end, the Enquete Commission is requested to
· study typical case histories, i.e. how individuals become members and what happens after they join such organisations;
· identify the social and political conditions which lead to an increased willingness to join so-called sects and psychogroups;
· identify enlistment and recruitment strategies pursued by these organisations, and
· develop proposals designed to prevent citizens, as well as companies, associations, pressure groups and other institutions from inadvertently being drawn into such organisations or being abused by such organisations.
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" 3. To identify problems encountered by individuals during membership and when trying to leave
membership in sects can lead to problems not only for the members themselves but also for their families and friends, and it can create problems in companies, associations, pressure groups, and other institutions. Socialisation problems and legal disputes due to family conflicts are of particular importance in this context. Even if the extent to which individuals are affected varies, it is often not possible to cope with the problems or their solutions without outside support. For this reason, the Commission was requested to study not only the problems associated with sect membership and the consequences for all the parties affected but also the question as to what offers for help are or should be available. When examining the help that can and must be given to individuals who want to leave an organisation, the Commission should take into consideration reports by former members about their experience regarding the pressure exerted by some organisations, as well as the psychological state of members, and their prospects and opportunities "after" leaving the organisation.
"
4. To draw up recommendations for action bearing in mind the debate carried on in society to date
the Commission is expected to submit fundamental recommendations for how to deal with the phenomenon of the so-called sects and psychogroups in future, involving the institutions in society affected by this phenomenon; it should be possible to implement these recommendations within a short period of time. In its work, the Commission should also answer the question as to whether the way this phenomenon has been dealt with in society in the past, and whether the fact that all these organisations are generally referred to as sects or youth sects, is in keeping with the actual development and the need for an appropriate debate in society."
 
This Final Report, which follows up on the Enquete Commission's Interim Report (Bundestag Doc. 13/8170), is the result of a busy and packed work schedule. Because of the short time available, the Commission was not able to
investigate all the ramifications of the subject. In its analysis, the Enquete Commission therefore deliberately focused its attention on priority issues in keeping with the mandate assigned by the German Bundestag in its decision to set up
the Enquete Commission:
 
A key challenge for the Enquete Commission was to appraise membership in new religious and ideological communities and psychogroups from the perspective of the individual in order to find out what conflicts actually emanate from new religious and ideological communities and psychogroups. To this end, the Commission looked intensively into the question of an individual's background and the connection between the individual's life history and his or her joining,
 
21
 
leaving, or staying in new religious and ideological communities and psychogroups. The Commission examined the question as to whether dependencies of the individual are created within the group, and if so, in what ways, and what
effects membership has.
 
Another priority of the Enquete Commission's work was to identify the causes in society which lead to the development and spread of new religious and ideological communities and psychogroups because the phenomenon can only be
assessed adequately if it is seen from the perspective of society as a whole. On the one hand, the causes of the growth of new religious and ideological communities and psychogroups as a characteristic of the modern world are not limited to Germany alone; and on the other hand, many of the groups operate internationally. For this reason, the Enquete Commission chose the international dimension of the phenomenon as another priority issue in its work. For this purpose, the Commission not only invited scientists from other countries to participate in an exchange of ideas, but it also had numerous talks to exchange experience with foreign politicians and explained the German position vis-à-vis the Scientology Organisation during a trip to the United States of America.
 
Furthermore, the Enquete Commission examined the activities and assessed the importance of new religious and ideological communities and psychogroups in business enterprises. Particular attention was paid by the Commission to the problem area of "children in new religious and ideological communities and psychogroups" because the State has a particular duty to protect these weakest members of society; and there is by all means a dichotomy between this duty
and the constitutionally guaranteed right of parents to educate their children. Arriving at a balanced assessment of the phenomenon in this context was a particularly difficult challenge for the Enquete Commission.
 
In its recommendations for action developed on the basis of its analysis of the phenomenon of new religious and ideological communities and psychogroups, the Enquete Commission takes into account current discussions on legislation in Germany, draws attention to the need for closing loopholes in current legislation, presents proposals for improving the efficiency of counselling and information services, and makes suggestions for improvements in the sector of research, education and continuing education, which has so far been grossly neglected in the Federal Republic of Germany.
 
However, the recommendations for action developed and deemed necessary by the Enquete Commission do not release the various societal groups from their own obligation to deal with the phenomenon of the new religious and ideological
communities and psychogroups in a responsible manner. The Enquete Commission itself considered that it was one of its important tasks to try and have a dialogue with groups in an effort to ease the tensions in society. Many communities gladly accepted the proffered dialogue and used this opportunity to submit statements. The Enquete Commission is hoping that the dialogue between the groups, government and society will continue after the completion of its
 
22
 
work. However, this will require a certain measure of "even-handedness", not only on the part of the media, academia, and each individual, but also by the groups and communities themselves. A dialogue can only be successful if both
sides make an effort.
 
1.2 The Enquete Commission's Methodological Approach

Composition of the Enquete Commission
 
The Enquete Commission was composed of twelve members of the parliamentary groups represented in the German Bundestag, as well as twelve experts. The PDS group was represented by one non-voting member in an advisory
capacity; in addition, the PDS appointed one non-voting expert. A secretariat provided organisational and scientific support to the Commission in its work.
Deliberations
 
In the period between its constituent meeting on 9 May 1996 and the adoption of its final report at the meeting on 28 May 1998, the Commission held a total of 49 meetings.
 
For reasons of confidentiality, most of the hearings of external experts were not open to the public:
Non-public hearings and talks with experts
· Talk with experts from Germany's Offices for the Protection of the Constitution, 14 November 1996
 
· Hearing of counselling and information centres as well as initiatives of parents and affected individuals, 2 December 1996
 
· Hearings of various groups, 13 January 1997 and 17 February 1997
 
· First part of a series of three hearings on the "Situation of Children and Adolescents in so-called Sects and Psychogroups", 20 February 1997
 
· Hearing on "So-called Sects and Psychogroups and Business Enterprises", 12 May 1997
 
· Hearing on "So-called Sects and Psychogroups: A Challenge for Society?", 2 June 1997
 
· Hearing on "International Interconnections", 5 June 1997
 
· Hearings on "Drop-outs from so-called Sects and Psychogroups", 25 September 1997, 2 October 1997, 9 October 1997, 5 February 1998
 
· Talk with experts on the topic of "Pyramid Selling", 13 November 1997
 
23
 
· Talk on the topic of "International Aspects in the Field of so-called Sects and Psychogroups" with an expert from the European Parliament, 11 December 1997
 
· Talk with experts on the topic of "Ritual Abuse", 16 January 1998
 
· Talk with an expert from the German Federal Ministry of Labour and Social Affairs on labour law and social security issues, 12 February 1998
 
· Talk with medical experts on the topic of "Disease Risks due to the Improper Use of Hypnosis, Trance, and Conditioning in Lay Therapy and Group Dynamics Events", 14 May 1998
 
The Enquete Commission invited the following groups to attend non-public hearings: Alter Mystischer Orden Rosae Crucis (Rosenkreuzer), Bruno Gröning-Freundeskreis, Gemeinde auf dem Weg, Gesellschaft für Transzendentale Meditation (TM), International Society for Krishna Consciousness (ISKCON), Church of Jesus Christ of Latter Day Saints (Mormons), Landmark Education, Neue Akropolis, Osho, Scientology, Soka Gakkai, Universelles Leben e. V. (UL), Verein zur Förderung der psychologischen Menschenkenntnis (VPM), Vereinigungskirche (Unification Church) Jehovah's Witnesses. Representatives of the Europäische Arbeiterpartei (European Labour Party; today: Bürgerrechtsbewegung Solidarität - Solidarity Civil Rights Movement) were invited but did not accept this invitation. While the representatives of the Scientology Organisation and of VPM appeared at the hearing, they refused to give any information.
 
The Commission heard drop-outs from the following groups or course participants: Ananda Marga, Europäische Arbeiterpartei (European Labour Party; today: Bürgerrechtsbewegung Solidarität - Solidarity Civil Rights Movement),
Gemeinde auf dem Weg, Gesellschaft für Transzendentale Meditation, Kaizen, Landmark Education, Sant Thakar Singh, Scientology, Soka Gakkai, Universelles Leben e.V., Verein zur Förderung der Psychologischen Menschenkenntnis, Vereinigungskirche (Unification Church), Jehovah's Witnesses.
Public hearings
· Hearing on the topic of the "Constitutional Background in Dealing with New Religious and Ideological Movements (German Constitution, Art. 4)", 12 December 1996
 
· Second part of the series of hearings on the "Situation of Children and Adolescents in so-called Sects and Psychogroups"; hearing of educational and psychological experts, 13 March 1997
 
· Third part of the series of hearings on the "Situation of Children and Adolescents in so-called Sects and Psychogroups"; hearing of legal experts, 20 March 1997
 
· Conference on the topic of "Psychotechniques", 14 April 1997
 
24
 
· International forum on the topic of: "So-called Sects and Psychogroups and Their International Interconnections", under the Patronage of the Speaker of the German Bundestag, Professor Dr Rita Süssmuth, MP, 22 September 1997
Trips
· Trip of some Commission members to meet representatives of Universelles Leben (Universal Life) and Jehovah's Witnesses, 19 and 20 August 1997
 
· Trip of a Commission delegation to the United States of America, 23 to 27 February 1998
Research projects/Studies
 
· In order to determine the spread of new religious and ideological communities and psychogroups in the German population, the Enquete Commission awarded a contract to INFRATEST Burke GmbH, Berlin, to conduct a survey based on a representative sample. For the results, see the Commission's Interim Report (Bundestag Doc. 13/8170, p. 33 ff.).
 
· In order to analyse the background and connections with the life history of individuals, i.e. careers in new religious and ideological movements, the Enquete Commission awarded a contract for a research project entitled "Drop-outs, Converts, and Believers: Contrasting Biographical Analyses of Why Individuals Join, Have a Career and Stay in, or Leave, Religious/Ideological Contexts or Groups".
 
The implementation of this project was entrusted to:
 
Professor Dr Heinz Streib, University of Bielefeld,
 
Professor Dr Werner Fuchs-Heinritz, Open Polytechnic University of Hagen,
 
Dr Albrecht Schöll, Comenius-Institut Münster,
 
Wilfried Veeser, theologian, pastor of the Protestant Church in Württemberg.
 
(For the results, see Chapter 3.6. as well as the Annex).
 
· In order to identify the motives and the patterns of perception of psycho-market clients, and to shed some light on the providers and consumers as regards the psycho-market, psycho-techniques and the esoteric scene, the Enquete Commission joined an ongoing project headed by Professor Dr Straube and Professor Dr Mischo. In this context, the Commission awarded a contract to Gerhard Hellemeister (psychologist, University of Jena) who, in co-operation with Wolfgang Fach (psychologist, Institut für Grenzgebiete der Psychologie, Freiburg), carried out a research project on the topic of "Providers and Consumers in the Psycho-market: An Empirical Analysis" (see Chapter 3.5 for the findings).
 
 
25
 
· In order to obtain reliable findings with regard to the question as to whether there is a specific form of religious dependence, and if so, what processes lead to such dependence, and how it can be defined, the Enquete Commission awarded a contract for a research project on the topic of "What Are the Characteristics that Can Be Used to Identify Religious Dependence?". This contract was awarded to Professor Dr Burkhard Gladigow, Kulturwissenschaftliches Institut im Wissenschaftszentrum Nordrhein-Westfalen (see Chapter 5.1.4 for the findings).
 
· In order to study socially desirable and undesirable effects associated with new religious movements, the Enquete Commission awarded a contract for a study on the topic of "Social and Psychological Effects of Membership in New Religious Movements, with Special Consideration Given to the Social Integration and Mental Health". Dr Sebastian Murken, psychologist, University of Trier, was entrusted with the execution of this project (see Chapter 3.7 for the findings).
 
· In order to make cause-effect relations of conflictual events fully comprehensible in the social environment of individuals primarily affected by new religious and ideological communities and psychogroups, the Enquete Commission awarded a contract for an expert report on the topic of "Need for Counseling, and Triggering Conflicts in the Case Histories in a So-called Sect Counseling Centre, Based on Case Categories and Process Patterns". The execution of the project was entrusted to the Beratungsdienst für Sektenund Weltanschauungsfragen beim Bischöflichen Generalvikariat Aachen (see Chapter 4.2 for the findings).
 
· In order to identify the skills which the staff of counselling centres for new religious and ideological communities and psychogroups need in order to meet counselling needs, the Enquete Commission awarded a contract for an expert report on the topic of "Skills Required for Counselling Staff Working in the Conflict Area of So-called Sects and Psychogroups: Criteria and Strategies". This study was entrusted to Beate Roderigo, psychologist, Informations-und Dokumentationszentrum Sekten/Psychokulte of the Arbeitsgemeinschaft Kinder- und Jugendschutz, Landesstelle Nordrhein-Westfalen e. V. (see Chapter 4.2 for the findings).
 
26
 
2. Phenomenological, Terminological and Conceptual Clarification of the Subject under Review

2.1 Introduction

Since the term "sect" is used in a variety of ways in science and in colloquial language, primarily in internal religious disputes, and since the term "psychogroup" is new, the Commission had to clarify whether these two terms sufficiently and adequately described the subject under review by the Enquete Commission; the word "so-called" used by the German Bundestag in its decision to set up the Commission already indicates that the use of these terms is of a tentative nature only. In the first part of what follows, the Commission digresses from the topic under review to discuss the terms
"sect" and "psychogroup" by means of some selected examples; and in the second part, the Enquete Commission then defines its own field of work on this basis.
 
In the course of its work, the Commission found out first of all that different terms cover different (partial) aspects of the overall phenomenon. This point is discussed in greater detail below. Secondly, the Commission found out that not
all the attributes ascribed to groupings that are referred to under the heading of "so-called sects and psychogroups" actually apply across the entire spectrum.
 
Many conflicts which will be described in this Report are conflicts with a relatively small percentage of groups from the overall spectrum; some of these conflicts are also of a temporary nature because they are typical of a certain stage
of a group's development.
2.2 The term "sect"
 
According to the German Bundestag's decision to set up the Enquete Commission, the latter has the duty to answer the question as to whether the way this phenomenon has been dealt with in society in the past, and whether the fact that certain organisations are generally referred to as "sects" or "youth sects", is in keeping with reality and the need for an appropriate debate in society. For this reason, it was necessary for the Commission to deal with the terms "sect"
and "youth sect". In some sources in literature, the meaning of the term "sect" is also considered to be a given fact. 1 ) In addition, there are other terms, some of which emphasise other conceptual aspects: Fr. W. Haack has introduced the
term "youth religion". 2 ) Furthermore, the terms "cult" and "destructive cult", which originated in the United States, have been adopted in the German language
-------------------------------------
1 ) Cf. Schmidtchen, G.: Sekten und Psychokultur, Freiburg/Basel 1987, p. 22.
2 ) Cf. Haack, Fr. W.: Jugendreligionen. Zwischen Scheinwelt und Kommerz, Munich 1994 (first
edition 1974); ibid.: Jugendsekten - Vorbeugen-Hilfe-Auswege, Basle 1991.
 
27
 
There are also other terms such as "new religion", "new religious movements", as well as the more neutral term "communities of special religious groups". Psychotherapeutically oriented enterprises, which are assumed to manipulate individuals psychologically, are also referred to as "psychocults" or "psychogroups". Groups with political objectives have also been termed "politico-religious youth sects". Information published by governmental agencies
often use the terms "new religious and ideological movements" or put "so-called" before the words "sects" and "psychogroups", or put these words into quotation marks.
 
Hence - although it may appear to be self-evident - the term "sect" itself is ambiguous and thus problematic. 3 )
2.2.1 Historical meanings of the term "sect"
 
Etymologically, the word "sect" is derived from the Latin word "sequi" (follow), which is the translation of the Greek word "hairesis" (following). In antiquity, the word "sect" was initially used to describe those who followed the school of opinion of a given philosopher. In the history of Christianity, the word "sect" was used to refer to groups who followed a certain religious leader outside the Church or who followed dogmas or practices which had been declared a deviation from doctrine. During the Middle Ages and during the early Modern Age (see, for instance, the Ad Deus constitution of Emperor Frederick II of 1220), individuals who were "unruly followers" of a "sect" were outlawed and sentenced to death (see, for instance, Art. 30 of the Bamberg Rules of Court Proceedings for Capital Crimes of 1507). Sect membership was made a criminal offence in the Middle Ages because any form of deviating belief was considered
to be a tort which was not acceptable for society and for the State. Thus, religious deviation became a criminal offence, as the Protestant theologian P. Tillich wrote: "Anyone who violates canonised dogma, (is) not only a heretic who goes
against the fundamental doctrines of the Church but also commits a crime against the State" 4 ). In addition, the word "sects" of course also had a neutral meaning, as illustrated by Roger Bacon (in the 13th century) and Nikolaus von
Kues (in the 15th century), who spoke about the "secta Christiana". The negative meaning of the term "sect" seems to have clearly culminated during the 16th century, especially when it was used to describe those Christian communities
which established themselves - next to the recognised religious parties - with
 
------------------------------------------------------
 3 ) Cf.: Hemminger, H. J.: Was ist eine Sekte?, Mainz-Stuttgart 1995; Keltsch, J.: Neue religiöse Bewegungen und das Recht, in: Einheit und Vielfalt der Rechtsordnung. Commemorative publication to celebrate the 30th anniversary of the Munich Law Society, Munich 1996; Gasper, H.: Ein problematisches Etikett, in: Herder Korrespondenz, Vol. 50, No. 11, Nov. 1996, p. 576ff.; and Zinser, H.: Der Markt der Religionen, Munich 1997, Chapter VIII; for a legal definition, see Abel R. B.: NJW 1996, p. 91.
4 ) Cf. Tillich, P.: Vorlesungen über die Geschichte des christlichen Denkens, Part I, Supplements and unpublished works, Vol. 1, Stuttgart 1971, p. 20f.
 
28
 
out being legally legitimated by the Empire. 5 ) Such views and institutions were abandoned when freedom of religion was declared in the countries of Europe. In Germany's Constitution, reference is made only to three types of religious
groups: religiöse Vereine (religious associations - German Constitution, Art. 140 in connection with Art. 138 of the Imperial Constitution of the Weimar Republic); Religionsgesellschaften (religious societies - German Constitution, Art. 140); and Religionsgemeinschaften (religious communities - German Constitution, Art. 7); there is no substantive difference between religious communities and religious societies; an established state church does not exist (German Constitution, Art. 140 in connection with Art. 137, Imperial Constitution of the Weimar Republic). In terms of Constitutional law, there is no difference therefore between Churches and other forms of religious organisation. Consequently, the term "Church" is no longer "protected", so that any organisation can call itself a "Church" and use
this term in a misleading manner.
2.2.2 The term "sect" as used in scientific history
 
The historical meaning of the term "sect" is closely connected with its theological interpretation. This interpretation of the term "sect" is based on certain criteria, e.g. the recognition of books of revelation other than the canonised Bible and other forms of revelation, a different creed, a different understanding of apostolic succession, and - in Protestantism today - also membership in the World Council of Churches, etc. Because of the neutrality of the State in religious and ideological matters, the theological concept of "sects" is irrelevant for the Enquete Commission.
 
In a certain historical situation, Max Weber and Ernst Troeltsch used various characteristics to develop "ideal-typical" definitions of the terms "Church" and "sect" for their studies of the history of Christianity and the associated development of "modern capitalism": while individuals are born as members of a Church, sects have to be joined; while a Church has a universal claim, sects only have a partial one; while the charisma of office-holders in a Church is usually inherent in their office, office-holders in a sect must have personal charisma, etc. 6 ) These definitions were developed on the basis of analyses of a given historical situation; hence, they are irrelevant for the problems dealt with by the Commission.
 
 
2.2.3 The term "sect" as used in colloquial language
 
The colloquial use of the term "sect", i.e. its use in the public debate, is highly multifarious, and its scope is widening more and more. In public usage, the term "sect" also denotes to religious content. In addition, the term "sect" is also
used in colloquial language for groupings which are referred to as "new religious
 
-----------------------
 5 ) Cf. Feil, E.: Religio. Die Geschichte eines neuzeitlichen Grundbegriffs vom Frühchristentum bis zur Reformation, Göttingen 1986, p. 274f.
6) Cf. Kehrer, G.: Einführung in die Religionssoziologie, Darmstadt 1988.
 
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and ideological movements" in literature. At the same time, the public associates with this term groupings which lead to societal conflicts of varying intensity, even if these groupings tend to pursue political or psychotherapeutical objectives rather than being religious or ideological in nature. Hence, there is no consistent distinction between "sects" and "psychogroups" in colloquial language.
 
Generally speaking, one could say that the public uses the term "sect" for groups which are assumed to deviate from the convictions and lifestyles that are still commonly shared. The convictions involved are primarily ethical views about human interactions. Terms such as human dignity, human rights, freedom, tolerance, self-development and self-realisation are points of reference for socially acceptable actions and behaviour. In colloquial language, the term
"sect" is therefore increasingly used to refer to groups which are accused of systematically defying these points of orientation in theory and practice, of producing dependence instead of scope for development, of degrading individuals
and of teaching intolerance, etc. 7 )
 
The colloquial use of the term leads to several difficulties. First of all, it is not possible to delineate this use linguistically from other meanings of the term "sect" so that if the term "sect" is used in the media for a given group (which is a correct term when used in its own theological context), there is a risk that this may create the impression that the group involved may be a source of conflicts.
 
Secondly, labelling a group with the term "sect" as used in colloquial language may suggest that the group is a source of conflict, that it makes its members dependent, or that it is dangerous in another way, although the members of the
group or other individuals affected may have a different perception. Hence, the colloquial use of the term "sect" is not very precise in terms of its substance.
 
For these reasons, the Enquete Commission feels that this use of the term is highly questionable and will not use it in this Report unless qualified by quotation marks or the world "so-called".
 
2.2.4. Understanding of the phenomenon in social sciences
 
In sociological and social science literature, a "sect" is defined -- with regard to the questions addressed here -- by the degree to which a group is in conflict with, in contrast, and in contradiction to its environment. 8 ) This understanding
of the term as used by social scientists, which overlaps with the term's colloquial use by the general public, is the only relevant definition for this Report.
 
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7 ) Cf. Hemminger, H. J.: Was ist eine Sekte?, Mainz-Stuttgart 1995.
8 ) Cf. Niebuhr, R.: The social sources of denominationalism, New York 1929; Wach, J.: Religions-soziologie, Tübingen, 1951; Wilson, B. R.: Religiöse Sekten, München 1970; Johnson, B.: Church and Sect Revisited, in: Journal for the Scientific Study of Religion, Vol. 10, 1971; Stark, R. und Bainbridge, W. S.: The Future of Religion, Berkeley 1985.
 
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Based on the understanding of the term in the social sciences, a "sect" could be defined as a small, exclusive religious or ideological, scientific or political group which demands total commitment from its followers and which places special emphasis on the group's separation from, and rejection of, its environment. 9 ) Hence, a characteristic feature of a so-called "sect" is a special, extreme form of internal and external relations. The deliberate separation from its environment is a feature which generally applies to all the various aspects of the entire culture of the group or community.
 
However, the emphasis in defining the term "sect" varies, depending on which phenomena of this culture or what level of group interaction is studied from the outside in terms of this trait. If the focus is on the group's rejection of the conditions under which it lives in society - in particular the prevailing value system and the public legal system applied in theory and practice - the definition of the term "sect" will resemble the secular concept of a sect that prevails in the public debate. However, if the focus is on the rejection of the group's religious or theological environment (often primarily its own intellectual roots) at the level of faith and ideology, the definition of the term "sect" will resemble the one used in religious or theological studies. In this case, the tension between a community and its environment will be primarily determined by the history of its religion and ideas.
 
At any rate, the concept involved is always a so-called "relational concept", which describes the conflictual relationship between a minority and the surrounding society. Hence, the question as to whether a minority within a culture is referred to as a sect always also depends on the observer's own cultural vantage point and on value decisions.
 
In this context, it should be pointed out that tensions also arise from differences in the emphasis placed when defining the term "sect". There are some groups, for instance, which are classified as sects from a religious perspective, but
which - from the point of view of the social sciences - are not perceived as sects (or at least not in the narrower sense), because of their relatively successful adjustment to the everyday life of the established society around them.
 
2.2.5 Summary
 
Due to the different origins of the term "sect" and its different interpretations, its use is very problematic, except in cases where the context has been clearly defined (e.g. in theology or in religious studies). It is hardly suitable for distinguishing between "conflict-prone" and "non-conflict-prone" groups. Furthermore, it is not useful at all for characterising specific conflicts. Since it is not suitable for governmental use, it is not a suitable term for this Report either.
 
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9 ) Cf. Abercrombie, N./Hill, St./Turner, B. S.: Dictionary of Sociology, London, 3rd edition, 1994
(Penguin Reference Books), p. 371.
 
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2.3 The term "psychogroup"
 
In the past few decades, the term "psychogroup" has been widely used to describe the "wide variety of psychological and pseudo-psychological advice available outside professional psychology and outside the public health sector in the fields of life counselling, life orientation, and personality development" 10 ). This spectrum includes activities which are as diverse as psychological success courses for business managers, esoteric courses offering advice for coping with money problems, astral journeys, contact through a medium with extraterrestrial intelligent life, and the return to earlier lives. A large number of methods are offered to achieve these and other objectives: Therapies borrowing from traditional psychotherapy schools; emotional and physical therapies (e.g. primary therapy, rebirthing); spiritual offerings with purported therapeutic effects (e.g. reiki, reincarnation therapy); the use of technical equipment in the esoteric scene (e.g. mind machines, bio-resonance); natural healing methods with a spiritual background (e.g. aroma therapy, Bach blossom therapy); magical and occult practices (e.g. telepathy, psychokinesis, pendulum, Tarot); natural religions, mystical and spiritual traditions; esoteric ministry or life-counselling.
 
What these methods have in common is that they are not only practised in groups but that they are also used commercially to help individuals cope with their lives or change their personalities. In addition, they are used as a leisure pursuit, for entertainment and to satisfy the need for sensory and aesthetic experiences. This is a services sector which is also referred to as "psycho-market". In a more neutral form, one could also label this sector as alternative,
non-orthodox educational, psychological and psychotherapeutical methods which are practised side by side with those of recognised schools; this is similar to medicine where non-orthodox alternative medical approaches and orthodox
medical treatments exist side by side.
 
Usually, such services are used in the framework of a business relationship with customers. Since this relationship is not the type of relationship that exists in a community or a group, it does not make sense to speak about membership in
these cases. However, such relationships may evolve into a "psychogroup" if a group of regular customers forms around a "life-counselor", and if this group makes regular use of the services of this counselor or his enterprise. Even then, there are considerable differences as compared to the type of relationship in a community because the customer relationship is retained. It is only justified to refer to a group as a "psychogroup" or - more harshly - as a "psychocult" if a certain permanent level of organisation is achieved by a service provider and his clients, and if internal and external relations establish themselves which are typical of groups.
 
------------------------------------------
10 ) Hemminger, H. J./Keden, J.: Seele aus zweiter Hand, Psychotechniken und Psychokonzerne, Stuttgart, 1997, p. 7.
 
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2.4 Types of conflict with "sects" and "psychogroups"
 
As described above, the approach adopted in the social sciences towards understanding this phenomenon is to look at the conflicts arising with various groups. This is discussed in greater detail below.
 
The special, extreme form of internal and external relations in such groups - i.e. the tension between the tendency to withdraw into a "total" inside world ("total groups") and the outside world - has been characterised by terms such as
"isolation" and "insulation" (withdrawing to an island). This describes the tendency of these individuals to isolate themselves more or less completely from their environment and to limit themselves to living in a world of their own. Such people then tend to transfer the entire reality of their lives - including beliefs, cultural and social norms, and possibly economic and political aspects - exclusively to the inside world of a given group; or they exclusively derive and define this reality in terms of the knowledge of life (and its sources) applied and practised by the group. This gives rise to most conflicts.
 
Hence, one particular aspect of the conflict-proneness of a group in its internal and external relations has to do with the group's world view and its life-style, i.e. "dissenting world views" and "non-conformist life-styles". In other words, theirs are convictions which deviate substantially from the socio-culturally widely accepted or at least tolerated world views and values, and life-styles which differ significantly from generally practised or at least tolerated life-styles.
While this description is abstract and general, an analysis of the groups in question often shows in concrete terms where potential conflicts may arise. If an individual drops out of a professional or vocational training programme, or if an
individual abandons his or her professional career in order to be able to work in the group, this may prolong an adult group member's financial dependence on his or her parents or partner beyond what is usual, or it may re-establish this
dependence if an individual abandons his or her professional career. If the parents, the spouse or the friends of an individual who has just joined a group are not willing to adopt a positive attitude towards the group and towards the commitment of its new member, this may lead to family disputes or to separations with all the resulting conflicts.
 
For outsiders, it may also seem disconcerting that the group assigns partners to its members. Other fields in which conflicts with outsiders may arise include the group's attitude towards sexuality; its concept of marriage and family life; questions relating to bringing up children; attitudes towards business and politics; beliefs about the individual's personal freedom, etc. Even if these questions often involve areas which are covered by the basic right of free development of an individual's personality, one cannot ignore the effects which sudden changes in an individual's views and behaviour can have on his or her environment. For this reason, such groups are perceived as contentious by their environment because they trigger such changes.
 
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The characteristics describing the internal and external relations of a group - such as "total commitment" towards the inside and "separation from the environment" - can be subdivided into various degrees, so that while a given type of sectarianism can be determined in accordance with the definition mentioned above, it is not possible to draw a clear line between a sectarian and a non-sectarian religious or ideological community. 11 ) To sum up, the conflict-proneness of the groups considered to be sectarian as defined above is usually due to a combination between the aspects mentioned above - i.e. exclusivity, total commitment, separation from the environment and its rejection ("isolation" and "insulation") - with "dissenting world views" and "non-conformist life-styles". These aspects can lead - albeit not necessarily - to problematic constellations and reactions, and hence, to considerable conflicts.
 
The hazards involved in extreme isolation and insulation are illustrated particularly clearly by examples which have attracted much attention in public. These include the murders and mass suicides of groups such as People's Temple
(Guyana), Heaven's Gate (California), Sonnentempler (Switzerland, France, Canada), Aum-Shinri-kyô (Japan).
 
2.5 The term "sect" and religious conflicts
 
In cautioning against the indiscriminate use of the term "sect", it must be pointed out that a certain degree of conflict with society is part of religious orientation and religious sociation. This is due to the fact that religious (and often also ideological) communities naturally claim the right to live in a certain way and to defend their own truth vis-à-vis competing views of human nature and the world. Something similar applies to modern ideologies with their own
view of the world, which - based on scientific or pseudo-scientific evidence - claim the right to provide their own binding interpretation with regard to the totality of human existence. As the history of religious and ideological movements demonstrates, this can sometimes lead to profound societal conflicts.
 
Furthermore, it should be borne in mind that religions consider it to be one of their responsibilities to take a critical stance vis-à-vis the society and the state they live in; under certain circumstances, this may lead to tensions with, and
sometimes even stark opposition to, government and society. Since religions also tell individuals what they must not do, they thus imply in one way or another a distance or a critical stance vis-à-vis the status quo.
 
In addition, it is not only the dissident communities that act when conflicts arise but also competing and already established religious communities, as well as
 
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11 ) Distinguishing between "cult movement", "clients cult", and "audience cult", which has become common practice nowadays, is a typology which permits such a subdivision into different degrees. This typology can be applied to sects if one adopts the distinction between "sect" and "cult" as proposed by Stark/Bainbridge (which, however, does not seem to be imperative).
 
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other political and cultural institutions of society. For all these reasons, it must be pointed out that any conflict with "conflict-prone religions" can also lead to questioning our society, and not only to critical questions about the group concerned. Such conflicts have been and can always be a factor bringing about societal change.
 
It should not be ignored that progressing modernisation and growing cultural uncertainties create considerable stress, in particular for individuals clinging to traditional religious life-styles; so that increasing isolation or even rejection of
modernisation may also represent an attempt to cope with these modernisation stresses. Often there is a more or less pronounced dichotomy between the guidance provided for one's own life and for raising children in the framework
of special ideological/religious communities and the principles of modern living required to cope with the socio-cultural challenges prevailing in Western societies. Hence, as a result of destabilisation and "de-traditionalisation", individuals may also look for shelter and safety in a new "religious/ontological home" instead of living up to modern expectations and challenges by assuming personal responsibility and being open, mobile and reflexive. Such attempts to cope must certainly not be oversimplified by interpreting them exclusively as "deficient life-styles" relative to the principles of modern life, and the individuals pursuing such attempts must not be disqualified as "dangerous sects".
 
2.6 The term "sect" as used by governmental bodies
 
Nevertheless, it would be possible to construct - from the variety of different concepts - a narrower definition of the term "sect" for the purposes of political and legal theory and practice. In this case, the term "sect" would be used to
refer to such religious groupings and life-counselling organisations whose theories and practices are not compatible with the principles of the German Constitution and its concept of human beings, its legal system, its value concepts, etc. and which proclaim, and strive for, a social order other than the German Constitution. Or based on the description of the phenomenon as used in social sciences, it would be possible to use the term "sect" to refer to groupings where the level of isolation, the tension between "inside" and "outside", etc. lead to a high degree of almost permanent conflict-proneness.
 
An introduction into constitutional law of the term "sect", which is already burdened by various uses of the term in the past, would involve the risk of restricting the critical potential which is required for the continuous renewal of society; the emergence of new religiousness can also be seen as a response to shortcomings in society, as an indicator of misguided developments in society as a whole and the associated problems.
 
An introduction into constitutional law of the term "sect" would above all entail the risk or the tendency of abolishing or restricting the freedom of religion by using the term "sect". In our modern age, religion is not influenced by the State.
 
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Nevertheless, exercising freedom of religion is subject to a legal framework which is set by limits that are inherent in the Constitution. Aside from freedom of religion, there are other interests which are protected by the Constitution; and
in the event of a conflict, the interests concerned must be weighed to decide which of the interests takes precedence in a given concrete case.
 
In the interest of a neutral description and analysis, it is therefore more appropriate when describing the subject under review to use the terms "new religious and ideological communities" and "psychogroups". However, such general
terms also give rise to problems. It is not possible to find short, concise terms to characterise the entire diverse spectrum of the groups concerned. This spectrum also includes groups, for instance, which only pretend to be religious or ideological communities. In this broad range of groups and movements which are referred to as "sects" from various perspectives, there are only a few which are so conflict-prone - and permanently so - that they correspond to the
extreme picture which prevails with regard to new religious and ideological communities and psychogroups.
 
In addition, it is advisable for the sake of clarity to use more specific terms when examining specific fields of conflict. In accordance with Anglo-Saxon usage, allegedly religious communities with predominantly economic objectives can be characterised as commercial cults, while ideological communities can be referred to as "political groups", etc. The commonly used term in scientific literature is "new religious and ideological movements" (NRMs). The Enquete Commission has chosen the terms "new religious and ideological communities and psychogroups" as an appropriate and neutral description of the phenomenon. In this way, the Commission has also responded to the need for differentiation.
 
2.7 Summary
 
It is not possible to use the ambiguous term "sect" to determine the field of legislative and general governmental action. Hence, another way must be found to define and limit action in this field. This also applies to the term "psychogroup".
Need for governmental action can only be identified on the basis of the real relations that exist between a group and its social environment. It goes without saying that need for action arises only through the social interactions caused by
the group members' rejection of their social environment, their total commitment, etc.; usually, it is only when these characteristics take on a very pronounced or extreme form that there will be such need for action. The fact that there is a gradual transition from a group's strong emphasis on conflict-triggering characteristics to its successful integration and adaptation should not be used as an argument to deny government any scope for action even in the event of severe conflicts; nor should it be used as an argument to curb the freedom granted by our Constitution to religious and ideological groups. Instead, the governmental scope for action includes first of all measures available in the
 
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event of violations of effective laws and threats to interests protected by law.
 
Secondly, there are sectors of social life which, according to our Constitution, should remain free of any governmental regulation. This includes in particular personal choices in terms of internal and external conditions of life, and in terms
of the context in which an individual decides to live.
 
The conflicts which are caused by social actions in connection with new religious and ideological communities and psychogroups - and in some cases also by the actions of individuals - can be subdivided into three categories:
 
a) violations of laws;
 
b) abuse of power by individuals who take advantage of legal vacuums which jeopardizes interests protected by law; such abuse calls for regulatory action by government;
 
c) violations contra bonos mores derived from the system of fundamental values, and infringements of social obligations.
 
In this area, governmental action is both necessary and feasible. In fact, conflicts in this field fall within the mandate of the Enquete Commission. Hence, the Commission's field of study includes not only the groups themselves but also clearly defined social actions and conflict-triggering actions by individuals - or more precisely, individual members of groups - most of which claim to have, or are ascribed, a religious or ideological status 12 ) . In this context, attention must also be paid to a principle laid down in the Council of Europe's Convention of 4 November 1950, according to which "freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interest of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."