6.7 The authors dismiss the State party’s argument that they could found a new party, stating that in most cases of discrimination a similar solution can be proposed by the State, e.g. the foundation of an own company or of a private school in cases of termination of employment or, respectively, of non-admission to a school based on prohibited grounds of discrimination. However, what the authors were seeking was not to engage in another party representing their personal and, indeed, apolitical beliefs, but to enjoy their right to join and participate in the political party of their choice on an equal footing with any other German citizen. the Committee’s Views in Henry and Douglas v. Jamaica,10 counsel further submits that his original, broad authorization to act on behalf of the first author gives him standing to continue his representation in the present proceedings. Issues and proceedings before the Committee 8.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant. 6.8 Lastly, the authors reiterate that, according to the Committee, article 18 of the Covenant also applies to newly established religious groups and to minority religions which may be the subject of hostility by a predominant religious community. Moreover, the European Commission of Human Rights had recognized the Church of Scientology as a religious community entitled to raise claims under article 9, paragraph 1, of the European Convention in its own capacity and as a representative of its members. In addition, Scientology was officially recognized as a religion in several countries8 and as a religious or philosophical community in numerous judicial and administrative decisions including decisions by German courts. Similarly, the Federal Constitutional Court had held that the authors’ exclusion from the CDU was compatible with article 4, paragraph 1,9 of the Basic Law: “This holds true also when in favour of the plaintiffs it is assumed that the Church of Scientology is, in any event, a philosophical community (Weltanschauungsgemeinschaft) […].” 8.2 The Committee has noted the author’s allegations, as well as the State party’s challenge to the admissibility of the communication, namely that the events complained of by the authors had their origin in the adoption by the CDU National Party Convention of resolution C 47 on 17 December 1991, prior to the entry into force of the Optional Protocol for Germany on 25 November 1993, and that the Committee’s competence to examine the communication was therefore precluded by virtue of the German reservation to article 5, paragraph 2 (a), of the Optional Protocol. 8.3 The Committee observes that the authors had not been personally and directly affected by resolution C 47 until that resolution was applied to them individually through the decisions to expel them from the party in 1994. The origin of the violations claimed by the authors cannot, in the Committee’s view, be found in the adoption of a resolution generally declaring CDU membership incompatible with affiliation with Scientology, but must be linked to the concrete acts which allegedly infringed the authors’ rights under the Covenant. The Committee therefore concludes that the State party’s reservation does not apply, as the alleged violations had their origin in events occurring after the entry into force of the Optional Protocol for Germany. 7. On 15 March 2004, counsel informed the Committee that the first author, Mr. Paul Arenz, had died on 11 February 2004. However, it was his explicit will that his communication be pursued after his death. Counsel submits a document signed by the heirs authorizing him “to continue the representation of the pending communication on behalf of our late husband and father Mr. Paul Arenz with our knowledge and consent before the United Nations Human Rights Committee.” In addition to the explicit intent of the deceased, his heirs declare their own interest in seeking rehabilitation and just satisfaction, since the entire family had to suffer from the climate of suspicion and intolerance among the population of their village resulting from the first author’s expulsion from the CDU. By reference to 8.4 The Committee notes that the heirs of Mr. Arenz have reaffirmed their interest in seeking rehabilitation and just satisfaction for the late first author as well as for themselves, and concludes that they have locus standi, under article 1 of the Optional Protocol, to proceed with the first author’s communication. 8.5 With regard to the State party’s argument that it cannot be held responsible for the authors’ exclusion from the CDU, this being the decision not of one of its organs but of a private association, the Committee recalls that under article 2, paragraph 1, 8 Australia, New Zealand, South Africa, Sweden, Taiwan and the United States of America. 9 Article 4, paragraph 1, of the Basic Law reads: “Freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable.” 10 See communication No. 571/1994, Henry and Douglas v. Jamaica, Views adopted on 25 July 1996, para. 6.2. 44