ISSUE: France Considers Ban on Burqa in Public

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

FRANCE CONSIDERS BAN ON BURQA IN PUBLIC

 

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Issue: France Considers Ban on Burqa in Public    

 

For: United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media, Civil Society

                                                                                                                                                                             

Review: Considering Resolution to Ban Burqa and Niqab, Earth News, 19 June 2009; Sarkozy Backs Drive to Eliminate the Burqa, Doreen Carvajal, New York Times, 23 June 2009; Mission to France (18-29 September 2005); Report (E/CN.4/2006/5/Add.4) by Asma Jahangir, Special Rapporteur on Freedom of Religion or Belief

 

The Tandem Project mission is education, progress assessment and advocacy for International Human Rights Standards on Freedom of Religion or Belief. These human rights norms and standards promote and protect diversity of cultures, religions and other beliefs. In 1968 the United Nations deferred work on an International Convention on Religious Intolerance because of its complexity and sensitivity: United Nations History – Freedom of Religion or Belief

 

Violence, suffering and discrimination based on religion or belief in many parts of the world is greater than ever. It is time for the UN Human Rights Council to appoint an Open-ended Working Group as a spotlight for world attention on drafting what was deferred in 1968, a comprehensive international core human rights treaty - a United Nations Convention on Freedom of Religion or Belief - as a guide for peaceful cooperation, respectful competition and resolution of conflicts.

 

Thee three articles below are on a clash of cultures, values and politics over religious dress. This is one issue, among many, which reflects a need for a mechanism such as an open-ended working group, to focus human rights conversations on a range of issues in all matters relating to religion or belief. Excerpts from the three articles are followed by reports: 

 

Excerpts from: Considering Resolution to Ban Burqa and Niqab, Earth News, 19 June 2009;

 

“Five years after France prohibited the wearing of the Islamic headscarf in public schools a movement is gathering momentum here for a more radical measure: outlawing the wearing of the burqa in public. Earlier this month a group of 58 law-makers introduced a parliamentary resolution call for the creation of a committee of inquiry into the wearing of the burqa and Niqab on French territory…A burqa is the most concealing of all Islamic veils as it covers the entire face and body, leaving only a mesh screen to see through.”

 

“The controversy over the 2004 law abolishing headscarves in French public schools has more or less faded away. But on June 6, at a joint press conference by U.S. President Barrack Obama and his French counterpart, Nicolas Sarkozy, it led to an awkward moment. Asked how he felt about the French law, Obama said, “I won’t take responsibility for how other countries are going to approach this. I will tell you that in the U.S., our basic attitude is that we are not going to tell people what to wear.”

 

“In September, a law-maker from the ruling UMP party, Jacques Myard, tabled a bill outlawing the Burqa. No action has yet been taken on it…this may also be the fate of the resolution, because it is one thing to legislate what pupils may wear in public schools and quite another matter to ordain what an adult can wear in the streets…Everyone is free in the streets, Immigration Minister Eric Besso cautioned. To interfere with this balance seems risky to me.”

 

Excerpts from: Sarkozy Backs Drive to Eliminate the Burqa, Doreen Carvajal, New York Times, 23 June 2009;

 

“Speaking at the Palace of Versailles, Mr. Sarkozy confronted one of the most hotly debated social issues in France, saying there was no room in the republic for burqas, the garments that some Muslim women wear to cloak their bodies and faces.”

 

“The issue of the burqa is not a religious issue. It is a question of freedom and of women’s dignity,” Mr. Sarkozy said. The burqa is not a religious sign. It is a sign of the subjugation, of the submission of women…To enthusiastic applause, he said, I want to say solemnly that it will not be welcome on our territory.”

 

France has the largest Muslim population in Western Europe, estimated at five million, and traditional Islamic garments have been a divisive issue, especially since 2004, when the country passed legislation prohibiting head scarves and conspicuous religious symbols from public schools.”

 

“Mr. Sarkozy said that “in the republic, the Muslim religion must be respected like other religions,” But he declared, the burqa is not welcome in France.” He added, “We cannot accept in our country women imprisoned behind bars, cut off from social life, deprived of identity.”

 

“The president gave his support to a cross-party initiative by about 60 legislators who proposed that a parliamentary commission study the burqa and methods to combat its spread.”

 

Mohammed Moussaoui, the president of France’s Representative Muslim Council, said he agreed with Mr. Sarkozy’s position on burqas, calling them “an extremely marginal phenomenon.” He said his group promoted a moderate version of Islam.”

 

“When we meet women who wear it, we try to educate them, and explain to them that moderation is a better choice,” he said. “We’d rather not have a commission on the subject,” Mr. Moussaoui said. “But if it was created, we will stay vigilant that French Muslims are not stigmatized, that the president’s words are respected.”

 

Excerpts from: Mission to France (18-29 September 2005); Report (E/CN.4/2006/5/Add.4) by Asma Jahangir, Special Rapporteur on Freedom of Religion or Belief

 

“According to many interlocutors, the reasons behind this legislation go beyond the application of the principle of the separation of Church and State. This legislation is also illustrative of the relation between the French State and religion, in particular certain practices of the Muslim community.”

 

“Finally, at a meeting with members of staff of the office of the Minister of National Education, the Special Rapporteur was told that the wearing of religious symbols in schools hurt the freedom of conscious of the other children. She was concerned about the intolerant nature of such arguments.”

 

“The adoption of the law is also said to have radicalized a fraction of the Muslim youth and has been systematically used in the banlieues and Mosque to disseminate a message of religious radicalism. Some critics of the new law argue that it may have been among the different elements explaining the widespread violence and riots that erupted all around France’s banlieues in early November 2005.”

 

“Another religious minority that has been seriously affected by adoption of the law is the Sikh community. Their members reported to the Special Rapporteur that displaying religious symbols was an essential part of their faith. They described the painful experiences they endured when their children had to cut their hair, as a result of the rigid application of the law by some educational institutions.”

 

“Paragraph 3 of article 18 of the International Covenant on Civil and Political Rights provides for certain such limitations under restrictive conditions. General Comment No. 22 (1993) of the Human Rights Committee emphasizes that paragraph 3 of Article 18…is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated…So far, there has not been an assessment of the compatibility of this legislation with relevant international standards protecting the right to freedom of religion or belief by a judicial or quasi-judicial international human rights body.”

 

“The Special Rapporteur on freedom of religion or belief was impressed by the expertise that exists in France on the issues relevant to her mandate. The visit was of the highest interest because France is a unique model. However, the complexity of the situation means that it is not easy to draw conclusions. Nevertheless, the Special Rapporteur remains convinced that French society will be able to overcome the obstacles as its commitment to fundamental rights runs deep and it the foundation of the Republic.”

 

Excerpts from: Article 18, International Covenant on Civil and Political Rights, and the Eight Articles of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. 

 

1. 1 Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practices and teaching.

 

1. 3 Freedom to manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

 

6. 3 To make, acquire and use to an adequate extent the necessary articles and materials related to the rites and customs of a religion or belief;

 

SARKOZY BACKS DRIVE TO ELIMINATE BURQA

 

Excerpts from: Sarkozy Backs Drive to Eliminate the Burqa, by Doreen Carvajal, New York Times 23 June 2009.

 

VERSAILLES, FrancePresident Nicolas Sarkozy addressed Parliament on Monday, laying out a vision of France that included a withering critique of burqas as an unacceptable symbol of “enslavement.”

 

Speaking at the Palace of Versailles, Mr. Sarkozy confronted one of the most hotly debated social issues in France, saying there was no room in the republic for burqas, the garments that some Muslim women wear to cloak their bodies and faces.

 

“The issue of the burqa is not a religious issue. It is a question of freedom and of women’s dignity,” Mr. Sarkozy said. The burqa is not a religious sign. It is a sign of the subjugation, of the submission of women…To enthusiastic applause, he said, I want to say solemnly that it will not be welcome on our territory.”

 

Mr. Sarkozy gave his speech in a wide-ranging address, in the first presidential appearance since Charles Louis-Napoleon Bonaparte’s in the 19 century. Presidents had been barred from entering Parliament since 1875, to protect the independence of lawmakers. But reforms carried out last summer through Mr. Sarkozy’s party opened the way for him to speak to Parliament.

 

France has the largest Muslim population in Western Europe, estimated at five million, and traditional Islamic garments have been a divisive issue, especially since 2004, when the country passed legislation prohibiting head scarves and conspicuous religious symbols from public schools.

 

Mr. Sarkozy said that “in the republic, the Muslim religion must be respected like other religions,” But he declared, “the burqa is not welcome in France.” He added, “We cannot accept in our country women imprisoned behind bars, cut off from social life, deprived of identity.”

 

The president gave his support to a cross-party initiative by about 60 legislators who proposed that a parliamentary commission study the burqa and methods to combat its spread.

 

Mohammed Moussaoui, the president of France’s Representative Muslim Council, said he agreed with Mr. Sarkozy’s position on burqas, calling them “an extremely marginal phenomenon.” He said his group promoted a moderate version of Islam.

 

“When we meet women who wear it, we try to educate them, and explain to them that moderation is a better choice,” he said. “We’d rather not have a commission on the subject,” Mr. Moussaoui said. “But if it was created, we will stay vigilant that French Muslims are not stigmatized, that the president’s words are respected.”

_____________________________________________________________________________________________

 

WEARING OF THE BURQA AND NIQAB


EARTH NEWS – 19 June 2009: Paris, France - Five years after France prohibited the wearing of the Islamic headscarf in public schools, a movement is gathering momentum here for a more radical measure: outlawing the wearing of the burqa in public. Earlier this month, a group of 58 law-makers introduced a parliamentary resolution calling for the creation of a committee of inquiry into the wearing of the burqa and niqab on French territory.

A burqa is the most concealing of all Islamic veils as it covers the entire face and body, leaving only a mesh screen to see through. The niqab is a face veil that sometimes leaves the eyes clear and is sometimes worn with a separate eye veil.

Government spokesman Luc Chatel said Friday that a law against wearing the burqa was a serious option.

"If we see, very clearly, that wearing the burqa is contrary to republican principles, the government, the Parliament will draw all the necessary conclusions," he told France 2 television.

Asked if that meant a law prohibiting the garment, he replied, "Why not."

Junior Secretary for Urban Affairs Fadela Amara was more direct. "I am in favour of prohibition" of the burqa," she told France Info radio, describing it as "the visible and physical expression of fundamentalists."

And Socialist parliamentarian Christian Bataille, one of the signatories to the resolution, declared, "We have to put a stop to this phenomenon, which reflects the growth of Moslem fundamentalism."

According to its wording, the resolution's authors believe that the wearing of the burqa represents "an attack on the dignity of women," because when a woman wears it "her very existence is repudiated."

The resolution further declares: "The sight of these imprisoned women is intolerable for us when they come from Iran, Afghanistan, Saudi Arabia or certain other Arab countries. It is totally unacceptable on the soil of the French Republic."

The parliamentarians also affirm that "this degrading clothing" represents both a wife's "submission to her spouse, to the men of the family" and "a negation of her citizenship."

The controversy over the 2004 law abolishing headscarves in French public schools has more or less faded away. But on June 6, at a joint press conference by US President Barack Obama and his French counterpart, Nicolas Sarkozy, it led to an awkward moment.

Asked how he felt about the French law, Obama said, "I won't take responsibility for how other countries are going to approach this. I will tell you that in the U.S. our basic attitude is that we are not going to tell people what to wear."

A law that bans the wearing of religious clothing in public is going to be far more controversial.

In answering Obama on June 6, Sarkozy said that women could wear the headscarf in public "provided that's a decision she made freely and had not been forced on her by her family or entourage."

But such a constraint is always difficult to prove, especially if the women maintain that they wear the clothing of their own free will.

A 22-year-old woman named Sonia, who began wearing the burqa in January, told the daily Le Parisien, "Before, I didn't even wear a headscarf. I made my A-levels and I worked a bit. And then I truly encountered religion... I can not imagine dressing otherwise. It is my choice alone."

Although no data are available on the number of women living in France who wear the garment, politicians are reacting now because the custom appears to be spreading, particularly among young women like Sonia, who live in poor suburban ghetto neighborhoods.

But the movement against the wearing of the burqa has been slowly gathering force in France.

In June 2008, the Council of State - the country's highest administrative court - refused to grant French citizenship to a Moroccan woman wearing a burqa, because it went against "the values of a democratic society and the principle of equality of the sexes."

In October of last year, France's anti-discrimination authority HALDE upheld the exclusion of a woman wearing the burqa from a French-language course required for naturalization.

The justification for this decision was that it was necessary for "the instructor to observe the faces of the pupils in order to see their expressions while forming the words."

In September, a law-maker from the ruling UMP party, Jacques Myard, tabled a bill outlawing the burqa. No action has yet been taken on it.

This may also be the fate of the resolution, because it is one thing to legislate what pupils may wear in public schools and quite another matter to ordain what an adult can wear in the streets.

"Everyone is free in the streets," Immigration Minister Eric Besso cautioned. "To interfere with this balance seems risky to me."

_____________________________________________________________________________________________

 

MISSION TO FRANCE

(18-29 September 2005)

 

Excerpts from: Report submitted by Asma Jahangir, Special Rapporteur on freedom of religion or belief: Addendum 2 (E/CN/4/2006/5/Add.4).

 

This report was submitted four years ago by the UN Special Rapporteur on Freedom of Religion or Belief to the Commission on Human Rights, the predecessor of the United Nations Human Rights Council. The section of her report VI: Religious Symbols in Public Schools includes; Background; The Reasons Behind and Arguments Supporting the Law; Consequences of the Implementation of the Law; Human Rights Law; The Current Situation. These are excerpts from the seven page section of the report. The paragraphs are numbered as required for all UN human rights reports. The full report is available at:

 

http://daccessdds.un.org/doc/UNDOC/GEN/G06/117/19/PDF/G0611719.pdf?OpenElement

 

47. Since the beginning of the school year 2004/05, in application of Law 2004-228 of 15 March 2004 “laicite,” and conspicuous religious symbols in public schools, the wearing of conspicuous religious symbols is prohibited in public schools.

 

49. School administrations found this regime complex and difficult to implement on a case-by-case basis, in the absence of any legislation. Accordingly, education professionals advocated for the adoption of a law on the issue.

 

51. Law 2004-228 which amended the Education Act was adopted by a large majority in the National Assembly and across party lines. In its article 1, it provides that in public elementary schools, middle schools (colleges) and secondary schools (lycees), wearing symbols or clothing by which students ostentatiously show a religious identity is prohibited.

School rules are to stipulate that any disciplinary procedure must be preceded by dialogue with the student.

 

53. According to many interlocutors, the reasons behind this legislation go beyond the application of the principle of the separation of Church and State. This legislation is also illustrative of the relation between the French State and religion, in particular certain practices of the Muslim community.

 

60. Finally, at a meeting with members of staff of the office of the Minister of National Education, the Special Rapporteur was told that the wearing of religious symbols in schools hurt the freedom of conscious of the other children. She was concerned about the intolerant nature of such arguments.

 

64. The adoption of the law is also said to have radicalized a fraction of the Muslim youth and has been systematically used in the banlieues and Mosque to disseminate a message of religious radicalism. Some critics of the new law argue that it may have been among the different elements explaining the widespread violence and riots that erupted all around France’s banlieues in early November 2005.

 

66. Another religious minority that has been seriously affected by adoption of the law is the Sikh community. Their members reported to the Special Rapporteur that displaying religious symbols was an essential part of their faith. They described the painful experiences they endured when their children had to cut their hair, as a result of the rigid application of the law by some educational institutions.

 

70. Paragraph 3 of article 18 of the International Covenant on Civil and Political Rights provides for certain such limitations under restrictive conditions. General Comment No. 22 (1993) of the Human Rights Committee emphasizes that paragraph 3 of Article 18…is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated…So far, there has not been an assessment of the compatibility of this legislation with relevant international standards protecting the right to freedom of religion or belief by a judicial or quasi-judicial international human rights body.

 

94. The Special Rapporteur on freedom of religion or belief was impressed by the expertise that exists in France on the issues relevant to her mandate. The visit was of the highest interest because France is a unique model. However, the complexity of the situation means that it is not easy to draw conclusions. Nevertheless, the Special Rapporteur remains convinced that French society will be able to overcome the obstacles as its commitment to fundamental rights runs deep and it the foundation of the Republic.

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ISSUE & REVIEW: FOLLOW-UP

 

United Nations Secretary General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; “never in our lifetime has there been a more desperate need for constructive and committed dialogue, among individuals, among communities, among cultures, among and between nations.”

 

Genuine dialogue on human rights and freedom of religion or belief calls for respectful discourse, discussion of taboos and clarity by persons of diverse beliefs. Inclusive dialogue includes people of theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The warning signs are clear, unless there is genuine dialogue ranging from religious fundamentalism to secular dogmatism; conflicts in the future will probably be even more deadly.

 

In 1968 the UN deferred work on an International Convention on the Elimination of all Forms of Religious Intolerance because of its complexity and sensitivity. Violence, suffering and discrimination based on religion or belief in many parts of the world is greater than ever. It is time for a UN Working Group to draft what they deferred in 1968, a comprehensive core international human rights treaty-a United Nations Convention on Freedom of Religion or Belief: United Nations History – Freedom of Religion or Belief

 

The challenge to religions or beliefs at all levels is awareness, understanding and acceptance of international human rights standards on freedom of religion or belief. Leaders, teachers and followers of all religions or beliefs, with governments, are keys to test the viability of inclusive and genuine dialogue in response to the UN Secretary General’s urgent call for constructive and committed dialogue.  

 

The Tandem Project title, Separation of Religion or Belief and State (SOROBAS), reflects the far-reaching scope of UN General Comment 22 on Article 18, International Covenant on Civil and Political Rights, Human Rights Committee (CCPR/C/21/Rev.1/Add.4). The General Comment on Article 18 is a guide on the rule of human rights law for peaceful cooperation, respectful competition and resolution of conflicts: http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument

 

Surely one of the best hopes for humankind is to embrace a culture in which religions and other beliefs accept one another, in which wars and violence are not tolerated in the name of an exclusive right to truth, in which children are raised to solve conflicts with mediation, compassion and understanding.

 

We welcome ideas on how this can be accomplished; info@tandemproject.com.

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THE TANDEM PROJECT PROPOSALS

 

Proposals for constructive, long-term solutions to conflicts based on religion or belief:  

 

(1) Develop a model local-national-international integrated approach to human rights and freedom of religion or belief, appropriate to the cultures of each country, as follow-up to the Universal Periodic Review. See USA Example. 1 (2) Use International Human Rights Standards on Freedom of Religion or Belief as a rule of law for inclusive and genuine dialogue on core values within and among nations, all religions and other beliefs, and for protection against discrimination. (3) Use the standards on freedom of religion or belief in education curricula and places of worship, “teaching children, from the very beginning, that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.” 2

 

 

Documents Attached:

 

France Considers Ban on Burqa in Public

France - Universal Periodic Review & Freedom of Religion or Belief

 

STANDARDS: http://www.tandemproject.com/program/81_dec.htm

 

1: USA Example: Universal Periodic Review & Freedom of Religion or Belief

 

2: Mr. Piet de Klerk, Ambassador At-Large of the Netherlands on Human Rights, 25 year Anniversary of 1981 UN Declaration on Freedom of Religion or Belief, Prague, Czech Republic.

 

The Tandem Project is a non-governmental organization (NGO) founded in 1986 to build understanding, tolerance and respect for diversity, and to prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project has sponsored multiple conferences, curricula, reference materials and programs on Article 18 of the International Covenant on Civil and Political Rights – Everyone shall have the right to freedom of thought, conscience and religion - and 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

 

The Tandem Project: info@tandemproject.com.

 

The Tandem Project is a UN NGO in Special Consultative Status with the

Economic and Social Council of the United Nations