MINELRES: MRG: French ban on faith symbols would contravene international rights law

[MINELRES moderator]

Orignal sender: Chris Chapman <chris.chapman@mrgmail.org>


Minority Rights Group International 

Press Release                   
28 January 2004                 
for immediate release 

French ban on faith symbols would contravene international rights law

The proposed ban on 'conspicuous' religious symbols is in direct
contravention of France's obligations under international human rights
law said Minority Rights Group International (MRG) today. New laws may
exacerbate ethnic and religious divisions if imposed on members of
religious minorities attending state institutions, who may perceive them
to be discriminatory. Minority Rights Group International, which works
to uphold the rights of minorities, including religious and cultural
rights, today called upon President Chirac to rethink the culturally
divisive policy. 

According to Minority Rights Group International, the legislation
contravenes France's obligations under the European Convention for the
Protection of Human Rights and Fundamental Freedoms (ECHR). Article 9 of
the Convention clearly establishes both freedom of religion, and the
freedom to manifest religion or belief in public and private spheres.
These rights may be subject to certain limitations at the discretion of
states, such as the protection of public order, however MRG believes
that France's proposed ban fails to meet the strict criteria required to
impose these limitations on religious freedom, which must be 'necessary
in a democratic society'. The wholesale ban of religious symbols would
not be consistent with the spirit and objective of the Convention, which
is to protect freedoms rather than to unnecessarily deny them, stated
MRG. 

The French proposals equally contravene Article 18 of the International
Covenant on Civil and Political Rights (ICCPR), which imposes similar
strict conditions regarding limitations and allows for no derogation of
the right to freedom of religion. This article has been expanded upon by
the Human Rights Committee, the ICCPR's monitoring body, in General
Comment 22 of 1993, to include provision under this Article for 'the
wearing of distinctive clothing or head coverings'. Both the ECHR and
the ICCPR have been ratified by France without reservation to the
relevant articles.   

While attention has been mainly focused on Muslim communities and issues
around the wearing of the Islamic hijab (headscarves or veil), France's
Sikh community is amongst others which have expressed grave concern over
the proposed legislation. A 5000 strong Sikh community in Northern Paris
has taken advice from religious leaders from the Golden Temple in
Amritsar, India who have also travelled to Paris to meet officials in
advance of a planned protest. The turban worn by Sikhs, the Jewish kipot
(skull cap), and other religious symbols could all be banned under the
legislation which officials have suggested may even extend to beards
worn out of adherence to religious faith. MRG has advocated
internationally for the protection and promotion of religious rights
including provisions for worship and other manifestations of religious
practice such as the wearing of the hijab as an act of free choice.
While the ban would, in theory also apply to 'large Christian crosses'
it is seen by many to clearly target non-Christian minorities.

'It is inevitable that religious minorities will see themselves as
targeted by assimilationist legislation such as this', stated MRG
Director, Mark Lattimer. 'Far from achieving integration, this policy is
likely to consolidate ethnic and religious divisions'. 

MRG is lobbying for a Europe wide ratification and implementation of the
Council of Europe Framework Convention on the Protection of National
Minorities (FCNM), which includes strong protection of religious rights
under Article 5. While Brussels has pushed EU accession states to ratify
the FCNM and implement minority protection rules, a number of existing
EU states including France, the Netherlands, Belgium, Luxembourg and
Greece have not been subject to the same pressure. MRG urges these
states to ratify and implement the FCNM as a positive move towards
establishing a common European standard for the promotion and protection
of minority rights. 

Notes for editors: 

For interviews or further information please contact the Press Office at
MRG on 020 7422 4200 or 07734768223 (mobile). 

Minority Rights Group International (MRG) is a non-governmental
organization working to secure the rights of ethnic, religious and
linguistic minorities and indigenous peoples worldwide, and to promote
cooperation and understanding between communities.

http://www.minorityrights.org