[ALBSA-Info] Fwd: MRGI: French ban on faith symbols would contravene international rights law. Call for France, the Netherlands, Belgium, Luxembourg and Greece to ratify FCNM.

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Press Release - French ban on faith symbols would contravene international 
rights law

  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
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