Wells: And now, the inevitable Bill 21 fight

Usual insightful column by Paul Wells:

Here’s one measure of how little Building Back Better we’re getting done here in the nation’s capital: MPs from different parties and perspectives are having an interesting conversation about important matters. But it’s entirely off-book. It’s spontaneous, the leaders of the various parties didn’t ask for it, and it’s pretty clear they desperately wish it weren’t happening. In Ottawa, saying what you think is an act of rebellion.

The week’s topic is, of course, Quebec’s Bill 21, which forbids hiring public servants, including teachers, who dress incorrectly (“The persons listed in Schedule II are prohibited from wearing religious symbols in the exercise of their functions.”) The bill was introduced in March of 2019 and passed into law soon after. Federal party leaders fielded questions about it in debates during the 2019 and 2021 elections. Each time, Quebec’s premier François Legault got angry at the people who asked the questions. So did federal party leaders, who pay ever-growing hordes of witless staffers to tell them how to move and talk and who cannot for the life of them understand that the rest of us aren’t also conscripts in that effort.

Anyway the inevitable happened. This week news broke that a Grade 3 teacher in the bucolic Quebec town of Chelsea, a stone’s throw from Ottawa, was pulled from class for wearing a hijab. Here’s how it played in one early story: nameless teacher reassigned to “another function” outside the class, school officials shtum on details, shocked community hanging green ribbons.

A chain reaction ensued. Kyle Seeback, a Brampton Conservative MP, kicked it off by tweeting, “I cannot in good conscience keep silent on this anymore… Bill 21 has to be opposed. In court, in the house of commons and in the streets.” Jamie Schmale, Chris Warkentin and Mark Strahl tweeted their agreement.

Seeback’s conscience seems to have gnawed at him after he retweeted a Wednesday-night tweet from the Globe’s Robyn Urback wondering why Catherine McKenna, the former Liberal environment minister, now calls Law 21’s application “appalling” but didn’t, at the time, contradict Justin Trudeau’s milder language in the 2019 and ’21 campaigns. Good for Seeback, actually, for amplifying some snark aimed at a Liberal and then realizing it applied to him too. Soon McKenna and the Conservative MPs had company among Liberals still in caucus: Alexandra Mendes, Salma Zahid, Iqra Khalid, Marc Garneau. Finally a sitting cabinet minister, Marc Miller, called the law’s application “cowardly.” There is also a clip of Chrystia Freeland, the federal Minister of Careful What You Wish For, saying as close to nothing as she can possibly say, a recurring highlight of many recent debates.

I don’t like Bill 21 either. It’s based on silly reasoning—“the state” must have no religion, so nobody who works for the state may be seen to have any religion. This is like saying the state has no particular height, so public servants must be required to hover above the ground. Somewhere around here there’s an old column I wrote patiently explaining this logic and its heritage in the receding role of the Catholic church in Quebec society, a column some of my Toronto colleagues still enjoy mocking, but there’s a difference between understanding the argument and buying it. On a list of the top, say, thousand problems facing modern Quebec, “teachers in head scarves” would not appear. And one of the most obvious things we can say about this law is that the costs it imposes—in personal freedom, economic opportunity, social ostracism—is essentially never borne by people named Tremblay or Côté or Wells. Somehow the burden seems to land reliably on people named—well, in the current instance, on Fatemeh Anvari. About whom more in a moment.

I have also never felt that Bill 21 reveals some universal moral failing of “Quebec.” Every criticism I can level against this law has been levelled, many times, by Quebecers, including several of the Liberal MPs who ran out of patience yesterday; the Quebec Liberal and Québec Solidaire parties, which between them won more votes than Legault’s party did in 2018; an impressive selection of municipal politicians and commentators in, mostly, Montreal; and Judge Marc-André Blanchard of Quebec Superior Court, whose ruling struck down parts of Bill 21 and exclaimed his helplessness with regard to the rest: he plainly doesn’t like the thing, but Legault’s use of the constitution’s “notwithstanding” clause protects most of the law from legal challenge or judicial invalidation. Solid majorities in Quebec have supported the law in polls, but I’m not sure how long that will last, and since the law’s Charter-proofing provisions must be renewed every five years in the National Assembly, I’m not sure the law itself will last long either. I reject the notion that only Quebecers may have an opinion on the thing, because of course everyone can have an opinion on anything. But the conversation among Quebecers is plenty multifaceted already.

A few points of context. First, the provisions of the law, as they apply to the Western Quebec School Board which employs Fatemeh Anvari, have already been struck down. Minority-language education rights are notwithstanding-proof, and Judge Blanchard did to the provisions regarding English school boards what he plainly wished he could do to the whole law. Legault’s government appealed the ruling, and under Quebec law the provisions remain in place pending appeal, but Legault will lose the appeal and by next year, there may be no remaining barrier to teachers in hijabs teaching in Quebec’s English-language schools. This doesn’t help the rest of the province, at least not immediately, but it sets up two cases that parents will be able to observe and compare. Which is a ball that can bounce in many different ways over time.

Second, in interviews Anvari is plainly rattled by a situation she should not be in. But neither is she fired nor banished to the furthest reaches of her school’s steam-pipe trunk distribution venue. As the Lowdown’s excellent story notes, she’s been assigned to lead “a literacy project for all students [that] will target inclusion and awareness of diversity.” This is not as good as simply letting her teach the curriculum would have been, if the law had permitted it, but it shows considerable wit. Again, in a complex society, citizens respond in ways governments often don’t intend and wouldn’t prefer. Governments often don’t take that news well.

Third: those calling on governments to do something, now including members of the federal governing caucus, are sometimes short of ideas about what, precisely, to do. Federal lawyers in a court challenge could make no argument that hasn’t already been made—and, largely, rejected by the frustrated Judge Blanchard. Short of reviving the obsolete powers of reservation and disallowance, a step even Pierre Trudeau declined to take against even Bill 101, there’s not much a federal intervention could add.

Is there therefore no point in simply talking, or simply sending federal lawyers to say what lawyers for civil-society groups have already said? No, I think there’s a point, in that it brings government’s actions more closely in line with what are obviously the opinions of the people who compose the government. (Note that there isn’t a single Liberal MP tweeting, “Guys, Bill 21 is great!”) A reduction in the amount of hypocrisy in a system is always welcome and lately well overdue. But as a practical matter, the feds can’t do much to change the situation.

Finally, less important but still worth mentioning: When four Conservative MPs tweeted within minutes about their renewed love of freedom, it was hard to escape the suspicion that there’s something else going on. Perhaps this: those Conservatives are not, by and large, conspicuous Erin O’Toole fans, and many come from ridings where much of the Conservative voter base is spitting mad at O’Toole for perceived softness on vaccine mandates. When Seeback talks about opposing Bill 21 “in the street,” that sure sounds like an echo of the way a lot of people opposed vaccine mandates. MPs who can’t give their voters much satisfaction on the latter are probably grateful for a chance to blow off some steam on the former. That’s not to dismiss or rebut the Bill 21 Freedom Four; it’s just to note that motives are often mixed or additive.

Here’s the thing: in a liberal democracy you can’t keep a cork in everyone’s mouth forever. You shouldn’t try. It’s been fun watching the leaderships of three federal political parties try to deny simple human feelings over an inherently emotional issue. But the fun’s over. Now citizens are going to act like citizens. Always a scary moment for communications professionals.

Raj: Erin O’Toole denounces religious persecution abroad. Why can’t he do it in Canada?

Good question. And other political leaders need to step up as well:

“I cannot in good conscience keep silent on this anymore,” Conservative MP Kyle Seeback tweeted Thursday morning. “This is an absolute disgrace. It’s time politicians stood up for what’s right. Bill 21 has to be opposed. In court, in the house of commons and in the streets.#bill21mustgo #cdnpoli

It was an unusual statement from a Conservative MP, and a risky one. This is not Conservative Leader Erin O’Toole’s position on Quebec’s controversial law, which bars individuals who wear religious symbols from holding certain jobs in public institutions. Since his election as leader, O’Toole has defended Quebec’s right to enact such discriminatory legislation. After his first meeting with Quebec Premier François Legault, back in September 2020, O’Toole pledged not to challenge Bill 21 in court. “We need a government that respects provincial autonomy and provincial legislatures,” he told reporters.

For the MP for Dufferin—Caledon to go out on such a limb publicly, amid a climate of fear and retribution (O’Toole’s team has threatened caucus expulsions to those who don’t toe the party line), is commendable. Behind closed doors, Tory MPs tell me Seeback has been pitching to caucus and to the party leadership that a strong position denouncing Bill 21 is not just the right thing to do, it’s the smart political thing to do.

While his pleas resonate with some of his colleagues, they don’t appear to have nudged his leader.

But Seeback, who declined an interview request, is right. Opposing Bill 21 is a great wedge against the Liberals on an issue where the Tories desperately need to rebrand, and in an area of the country where they need to win.

The Conservatives have a GTA problem and a visible-minority problem. Out of the 56 ridings in the Greater Toronto Area, the Conservatives hold six (although all but two are located on the periphery), while the Liberals have 50. It wasn’t always this way. In 2011, Stephen Harper found his majority in the GTA, sweeping the ethnically diverse areas of Brampton and Mississauga.

But over the past decade, the Tories pursued policies that alienated many of these communities. From immigration minister (now Alberta Premier) Jason Kenney’s niqab ban during citizenship ceremonies, to the barbaric practices snitch-line, to leadership hopeful Kellie Leitch’s values test, to the Tories fervent opposition to M-103, a motion denouncing Islamophobia.

In 2015, Brampton and Mississauga showed Harper the door. Seeback lost his seat in Brampton West. The same happened in 2019, and again in 2021.

Source: Erin O’Toole denounces religious persecution abroad. Why can’t he do it in Canada?

Quebec teacher removed from classroom because she wears a hijab

Hopefully, personal stories like this can shift public discussion in Quebec although doesn’t seem likely:

A teacher in Chelsea, Que., has been removed from her Grade 3 classroom because the hijab she wears contravenes the province’s law on state secularism, sparking an outcry among local families and a range of Canadian politicians who have denounced the legislation as “discriminatory.”

Fatemeh Anvari had been teaching language arts at Chelsea Elementary School since late October. She was reassigned to another role focusing on literacy and inclusion in early December, when the Western Quebec School Board became aware that her presence in class violated provincial law, interim chair Wayne Daly said.

Quebec’s Bill 21 has been in place since June, 2019. It bars a range of public servants in authority roles, including teachers, from wearing visible religious symbols.

Although Ms. Anvari has become a focal point in a long-running debate about religion in Quebec’s public sphere, she said she has been heartened by the response from community members and wants to use this moment to raise awareness about the need to express oneself in the workplace.

“I was sad, but at the same time I find it empowering to get so much support,” she said in an interview. “This isn’t about me so much. It’s a human issue.”

The 27-year-old has worn the hijab since she was young. She previously taught English in Iran and began supply-teaching at the Western Quebec School Board in March. She believed Bill 21 didn’t apply to English schools, and no one raised possible legal issues with her until recently, she said.

“There were no comments, there were no issues, there was no hostility.”

In her new role with the school, she will still be interacting with students, speaking to them about the value of diversity and inclusion. She feels it’s a testament to the board’s support that they offered her the job.

“I think the board is doing this initiative to spread awareness,” she said.

Parents and students have been protesting the decision to remove Ms. Anvari by tying green ribbons to a fence outside the school. Nicole Redvers said her eight-year-old daughter was deeply upset when she learned she would be losing a teacher she loved.

“She said, ‘Mum, she’s only wearing a scarf!’” Ms. Redvers recalled.

It remains unclear how Ms. Anvari was hired with the secularism law in place. Mr. Daly said it “may have been an oversight.”

In April, the English Montreal School Board (EMSB) won a court ruling exempting it from Bill 21 because the law violated the English-language community’s rights. But the provincial government appealed, and the restrictions remained in place. In November, the EMSB was denied a stay of the law while the appeal proceeds.

Federal parties have generally been cautious about denouncing the law, which is popular in Quebec, but Ms. Anvari’s removal caused outrage across the political spectrum. In a statement, the Prime Minister’s Office said “nobody in Canada should ever lose their job because of what they wear or their religious beliefs,” adding that “Quebeckers are defending their rights through the courts.”

“I think it’s cowardly,” said Marc Miller, a Liberal MP and the Crown-Indigenous Relations Minister. “It’s disheartening and it’s picking on someone vulnerable.“

Conservative Leader Erin O’Toole offered a milder response, calling it “an issue that is best left for Quebeckers to decide.” But one member of his caucus, Ontario MP Kyle Seeback, lashed out at the law on Twitter.

“I cannot in good conscience keep silent on this anymore,” he wrote. “This is an absolute disgrace. It’s time politicians stood up for what’s right.”

The Western Quebec School Board, which serves anglophones and opposes Bill 21, has said it had no choice but to comply with the law when it realized Ms. Anvari was teaching in a hijab.

“It was the correct ruling under Bill 21, we cannot have this teacher in our school board if they will not comply with Bill 21,” Mr. Daly said. “She had decided that she would not comply with Bill 21, and in not complying that is justification for termination of a contract.”

The interim chair added that Bill 21 hurts the school board by denying it teachers during a labour shortage, and that the need to apply the law has left the community “outraged.”

“It doesn’t matter what nation you’re from or what race they belong to. If you’re part of that community, you’re part of that community.”

In Quebec City, several politicians put the responsibility for the situation on Ms. Anvari herself. Parti Québécois secularism critic Pascal Bérubé said that she “tried to make a statement wearing a hijab.”

Source: https://www.theglobeandmail.com/canada/article-quebec-teacher-removed-from-classroom-because-she-wears-a-hijab/

Europe’s Hijab Test: War of the Headscarves and Death of Multiculturalism

Of note:

In mid-July, the Court of Justice of the European Union (CJEU) ruled that private employers in the EU can ban employees from wearing religious symbols, including headscarves, in order to present an image of “political, philosophical, and religious neutrality” in the workplace. The verdict reaffirmed a 2017 CJEU ruling and highlights longstanding tensions over multiculturalism in Europe. In particular, it raises the question of whether there is a place for visibly Muslim women in European public life.

I have spent the last several months interviewing Muslim women, many of them citizens and residents of European countries, about their portrayal in the media and perception of belonging in their countries. While many reported similar experiences of ostracism or harassment, the European women, particularly those who choose to wear the hijab (head covering), told me time and again: “I feel like I don’t exist.” The hijab is more than a religious symbol to those who wear it. Muslim women cover their hair out of tradition, to maintain a connection to their cultural heritage, or for reasons of modesty. Several young European women I spoke to explained that they wear the hijab despite protests from their immigrant families, who do not want them to face undue scrutiny or discrimination at work.

But their choice carries a high personal cost. The rampant European misperception of the hijab as a symbol of a supposedly misogynistic Islamic culture has made women who wear one feel like faceless, nameless “victims” who must be saved, instead of empowered individuals making a personal decision. “It’s frustrating, because [the media] always brings out [sic] the male members of the family,” one of them, Sama, said in a message she sent me from Italy. “It’s like, ‘did your father force you to make this choice that I actually made?’” Likewise, Lama, a French-Algerian woman now living outside France, laments the phenomenon of “white men in the media debating whether we should have the hijab.” The problem, she says, is that “it’s never about the objective garment, it’s about what the garment symbolizes [to them].”

The CJEU’s recent ruling resurfaces tensions between the right to freedom of religion and Europeans’ increasing discomfort regarding the visible face of Islam in the region. Article 9 of the European Convention on Human Rights sets a high bar for limiting the manifestation of freedom of religion. But the CJEU’s 2017 and 2021 rulings appear to attach greater weight to the concept of overall “neutrality” and, in the case of its recent decision, the effect on others – an issue that already weighs heavily on many Muslim women’s minds. Several women I spoke to described going through a draining mental exercise before leaving their homes – what I call the “friendly enough” test. “Muslim women look in the mirror in the morning and think, ‘do I look friendly? Do I look approachable?’” Maha, a journalist, explained. And it is not only men whose judgment these women worry about. Khadija, a young French-Algerian woman, confessed that she once stopped to put on red lipstick before going to an interview for a babysitting job. “I told them I wore the hijab ahead of time. I don’t know why I did that, preparing them for me,” she said. “I took out my lipstick and put it on so that [the mother] can see I am French, [that] I am not a terrorist.”

These psychological strains underscore the agonizing choice forced upon European Muslim women today between their faith and identity on one hand, and their nationality on the other. Whereas most European girls can dream of pursuing the career of their choice, Muslim girls in Europe face a demoralizing caveat: “but you cannot wear the hijab.” In a post-#MeToo world where young women are increasingly taught to be empowered, Europe’s Muslim women are being held back by legislation and told that their very appearance is problematic. Khadija went on to tell me that the experience of removing her hijab for a job when she was 19 left her feeling denigrated and ashamed. “It made me feel like I am nothing,” she said. “I am not the same as everyone else. I am a little bit lower.” She went on to ask, rhetorically, “What gives you the right to do that?”

Despite Europe’s stated values of emancipation, freedom, and self-sufficiency, the dearth of female Muslim voices in the European public debate over the hijab leaves many young women with little hope that the conversation will change. In a stark display of hypocrisy, some of the European politicians who decry Islam for being repressive and anti-feminist champion laws that threaten to strip away Muslim women’s agency. “Muslim women exist and have things to say when the subject concerns them,” Soumaya, 15, told me. “We are not objects, we think, we feel, we have free will, we are strong and intelligent and, above all, capable.” But, she said, “the media does not want to recognize that. It’s a pity.”

Rather than asking whether Islam is liberal enough to belong in Europe, the more relevant question today appears to be whether Europe is liberal enough to accept its female Muslim citizens – regardless of their attire – in public life. The debate will no doubt continue in Europe’s courtrooms. In the meantime, the lives and livelihoods of the region’s female Muslim population hang in the balance. As one young woman said to me resignedly, “I have to wait for a woman who doesn’t wear the hijab or a man to fight for me, because right now I don’t exist. I am no one.”

‘Europe’s Hijab Test’ – Commentary by Jasmine M. El-Gamal – Project Syndicate.

Source: Europe’s Hijab Test: War of the Headscarves and Death of Multiculturalism

Who Gets to Wear a Headscarf? The Complicated History Behind France’s Latest Hijab Controversy

Of note:

The head of French President Emmanuel Macron’s political party withdrew support late last week for one of the party’s own candidates, Sarah Zemmahi, after she wore a headscarf in a campaign poster.

Stanislas Guerini, one of the co-founders of Macron’s centrist Republic on the Move party (LREM), took to Twitter to critique Zemmahi, an engineer who is running for her local council, for wearing her hijab, a religious head covering worn by some Muslim women, in a promotional image.

“Wearing ostentatious religious symbols on a campaign document is not compatible with the values of LREM,” Guerini wrote, after a prominent far-right politician shared the photo. “Either these candidates change their photo, or LREM will withdraw its support.”

While Zemmahi has not yet responded to Guerini’s statements, he received pushback from others in the party. LREM lawmaker Naima Moutchou defended Zemmahi on Twitter, calling Guerini’s criticism “discrimination,” while fellow LREM politician Caroline Janvier called out Guerini’s response in a scathing tweet.

“Undignified. Running after (far-right) votes will only allow their ideas to prevail. Enough is enough,” she wrote.

The conflict over one woman’s choice to cover her head comes in the wake of controversy surrounding an amendment passed by the French Senate last month that would ban girls under 18 from wearing the hijab in public. As part of a proposed “anti-separatism” bill, it was presented alongside amendments that would also prevent mothers from wearing hijabs on their children’s school trips and would ban the “burkini,” a full-body swimsuit.

While some French politicians have defended the amendment as a reinforcement of the country’s adherence to secularism, others have slammed it as yet another instance of part of an ugly strain of Islamophobia in the nation, which is home to the largest Muslim population in Western Europe—a population that has experienced increased discrimination in recent years, in the wake of terrorist attacks by Islamic extremists in recent years and the rise of far-right politics. One 2019 report found that 44.6% of the country considered Muslims a threat to French national identity, while a government survey from the same year listed that 42% of Muslims (other studies put the figure at 58%) reported experiencing discrimination due to their religion, a number that increased to 60% for women who wore a headscarf.

But understanding why the hijab is the site of so much controversy in France also requires understanding the deep history behind the debate.

While the proposed legislation still needs to be approved by the lower house of French Parliament before it can become a law, it’s already drawn significant backlash from many Muslim women around the world, who see the law as not only xenophobic and discriminatory, but an attack on their agency—a sentiment that has grown over the years as French politicians have argued that laws restricting religious symbolism are in service of women’s empowerment and public safety.On social media, the hashtag #HandsOffMyHijab has become a rallying cry to protest the amendment, started by Somali-Norwegian model Rawdah Mohamed, who used the phrase in a now-viral Instagram post to call out the potential ban. It’s since garnered support from the likes of U.S. congresswoman Ilhan Omar and Olympic fencer Ibtihaj Muhammad.

“How can you have a discussion about my identity, and not include me?” Mohamed told TIME. “I don’t think politicians are the ones who are supposed to define what it means to be a Muslim woman.”

France’s history with headscarves

Scholars trace France’s focus on Muslim head coverings and the women who wear them back to the country’s imperial past in North Africa and the Middle East—particularly in Algeria.

“Banning the hijab is about colonialism,” Alia Al-Saji, an associate professor of philosophy at McGill University, tells TIME. “French colonization of Muslim countries was often about controlling and managing populations that were of diverse religions… The hijab is a way of clearly showing that you are Muslim, which is colonially constructed as being opposed to colonialism. But it’s also a site of potential resistance.”

French colonization in Algeria began with an invasion in 1830 and was characterized by violent genocide, settler colonialism and a series of shifting laws called the “indigénat,” which, among other things, determined who could be a French citizen. Al-Saji notes that these laws were influential in emphasizing difference for the Muslim majority in Algeria; for example, while Jewish Algerian natives were recognized as French citizens in 1870 with the Cremieux Decree, Muslim Algerian natives were not eligible for French citizenship unless they renounced their religion and culture and adopted a French identity.

Inherent in the colonial attitude is the belief that one’s “civilization”—its language, its values and its practices—is an improvement on the lives of those who are colonized. This belief manifested itself drastically in the attitude toward Algerian Muslim women, who were seen as both oppressed and exotic. Under this mindset, their “liberation” could become the moral justification for imperialism’s violent casualties.

This dynamic is perhaps best illustrated during the Algerian War of Independence, when a series of public unveiling ceremonies were organized in 1958. During these ceremonies, many of which were arranged by the French army, Algerian women removed their haiks (traditional wraps worn by North African women) or had them removed by European women, before throwing them to the ground or burning them. Often, speeches were given afterwards in support of the French and the emancipation of Muslim women.

While these highly-publicized ceremonies were framed as spaces of empowerment for Muslim women, other accounts of this history tell a different story. In his book, Burning the Veil: The Algerian War and the ‘Emancipation’ of Muslim Women, 1954-1962, Neil MacMaster notes that some of the women who took part in these ceremonies were very poor, recruited from high schools or, in some cases, pressured to participate with threats to their safety and that of their families. In one harrowing case, when the army could not find a Muslim woman to lead the ceremony, they enlisted Monique Améziane, a young woman from a wealthy and pro-French family who had not previously worn a veil or heik, to speak—in exchange for sparing the life of her brother, whom they had already arrested and tortured.

The symbolic power of the veil during this time, however, was not only recognized by the French, but also by those fighting for Algerian liberation. In his essay Algeria Unveiled, Frantz Fanon makes the case that the veil can be a tool of anti-colonial resistance and a way of limiting access to oppressors, going so far as to call it a “bone of contention in a grandiose battle.”

During the war, the veil also became a literal tool of resistance. Some female freedom fighters for the National Liberation Front used haiks to conceal weapons and classified information; after this tactic was discovered, they used unveiling to their advantage, adopting European dress as a way to fly under the radar of the French.

How the veil has been reclaimed—and weaponized

Within France, at the intersection of gender, ethnic and religious identities, the Muslim veil or head covering took on new significance in the 20th century. Because of the popularity of orientalist art during this time, the veil already had stereotypes of the foreign and forbidden. But veiling was no longer just a physical marker of religious or cultural difference—it was also seen as an affront to assimilation, a visible symbol of resistance to colonization.

This meaning was intensified by the state’s staunch espousal of a unified French cultural and social identity, in opposition to multiculturalism. This belief can be traced all the way back to the French Revolution, which has also been credited with planting the seeds for laïcité, France’s principle of secularism. Although laïcitéoriginated in a 1905 law about the separation of church and state, it has been used in recent years as the driving force behind the anti-hijab policies.

In 2004, Muslim headscarves were among the array of religious symbols banned from being worn in French public schools. And in 2010, the country prohibited full-face veils like niqabs in public spaces like streets, parks and public transportation, becoming the first European country to enforce a nation-wide ban and even launching a government campaign that proudly stated, “the Republic is lived with an uncovered face.”

This sentiment took on a new irony at the start of the coronavirus pandemic in 2020 when France mandated mask-wearing in public spaces, while still banning Muslim face coverings.

“Muslim women who wear the hijab have always been on the receiving end of Islamophobia for their visible identity,” Nazma Khan, the founder of World Hijab Day, told TIME. “Simply put, the proposed hijab ban is a systematic vilification and discrimination against Muslim women in hijab.”

The Collective against Islamophobia in France, a non-profit that was forced by the French government to dissolve in 2020 in a move that Human Rights Watch called a “threat to basic human rights and liberties,” reported in 2019 that 70% of Islamophobic hate speech and acts in France were directed at women.

To advocates, the intense focus on a physical marker of otherness, along with the rhetoric touting women’s empowerment, can distract from what’s really at stake: what they see as France’s attempt to control citizens, as territorial residents were controlled in the past.

“If it was about giving Muslim women more agency, then in that case, you could let them or let all women wear whatever they wanted,” says Al-Saji. “But It’s actually about controlling what women wear and how they appear and what gets seen and that their bodies are seen, this kind of colonial male desire, that constructs Muslim women as trapped and pawns of their culture and needing to be unveiled.”

Source: Who Gets to Wear a Headscarf? The Complicated History Behind France’s Latest Hijab Controversy

The ‘hijab penalty’: Feminist backlash to Muslim immigrants in Germany | Penn Today

Of note. Interesting experiment:

Why do some Europeans discriminate against Muslim immigrants, and how can these instances of prejudice be reduced? Political scientist Nicholas Sambanis has spent the last few years looking into this question by conducting innovative studies at train stations across Germany involving willing participants, unknowing bystanders and, most recently, bags of lemons.

His newest study, co-authored with Donghyun Danny Choi at the University of Pittsburgh and Mathias Poertner at Texas A&M University, is forthcoming in the American Journal of Political Scienceand finds evidence of significant discrimination against Muslim women during everyday interactions with native Germans. That evidence comes from experimental interventions set up on train platforms across dozens of German cities and reveals that discrimination by German women is due to their beliefs that Muslims are regressive with respect to women’s rights. In effect, their experiment finds a feminist opposition to Muslims, and shows that discrimination is eliminated when Muslim women signaled that they shared progressive gender attitudes, says Sambanis, who directs the Penn Identity and Conflict Lab (PIC Lab), which he founded when he came to Penn in 2016.

Many studies in psychology have shown bias and discrimination are rooted in a sense that ethnic, racial, or religious differences create distance between citizens, he says. “Faced with waves of immigration from culturally different populations, many Europeans are increasingly supporting policies of coercive assimilation that eliminate those sources of difference by suppressing ethnic or religious marker, for example, by banning the hijab in public places or forcing immigrants to attend language classes,” Sambanis says. “Our research shows that bias and discrimination can be reduced via far less coercive measures—as long as immigration does not threaten core values that define the social identities of native populations.”

“The Hijab Penalty: Feminist Backlash to Muslim Immigrants” is the fourth study in a multiyear project on the topic of how to reduce prejudice against immigrants conducted by Sambanis and the team. The study’s co-authors, Choi and Poertner, started working on this project as postdoctoral fellows at the PIC Lab.

The new paper builds on the first leg of the project which was publishedin the Proceedings of the National Academy of Sciences in 2019 and which explored whether discrimination against immigrants is reduced when immigrants show that they share civic norms that are valued by native citizens. That study found evidence that shared norms reduce but do not eliminate discrimination. The new study explores the impact of norms and ideas that are important to particular subgroups of the native population, and finds stronger effects when such norms are shared by immigrants.

The findings have implications for how to think about reducing conflict between native and immigrant communities in an era of increased cross-border migration, Sambanis says.

He and his co-authors conducted the large-scale field experiment in 25 cities across Germany involving more than 3,700 unknowing bystanders.

“Germany was a good case study because it has received the largest number of asylum applications in Europe since 2015, a result of the refugee crisis created by wars in Syria and other countries in the Middle East and Central Asia,” Sambanis says. “Germany has had a long history of immigration from Muslim countries since the early post-war period, and anti-immigrant sentiments have been high as a result of cultural differences. These differences are manipulated politically and become more salient.”

The intervention went like this: A woman involved in the study approached a bench at a train station where bystanders waited and drew their attention by asking them if they knew if she could buy tickets on the train.

She then received a phone call and audibly conversed with the caller in German regarding her sister, who was considering whether to take a job or stay at home and take care of her husband and her kids. The scripted conversation revealed the woman’s position on whether her sister has the right to work or a duty to stay at home to care for the family.

At the end of the phone call, a bag she was holding seemingly tears, making her drop a bunch of lemons, which scatter on the platform and she appeared to need help gathering them.

In the final step, team members who were not a part of the intervention observed and recorded whether each bystander who was within earshot of the phone call helped the women collect the lemons.

They experimentally varied the identity of the woman, who was sometimes a native German or an immigrant from the Middle East; and the immigrant sometimes wore a hijab to signal her Muslim identity and sometimes not.

They found that men were not very receptive to different messages regarding the woman’s attitude toward gender equality, but German women were. Among German women, anti-Muslim discrimination was eliminated when the immigrant woman signaled that she held progressive views vis-à-vis women’s rights. Men continued to discriminate in both the regressive and progressive conditions of the experiment.

It was a surprise that the experimental treatment did not seem to make a big difference in the behavior of men towards Muslim women.

“Women were very receptive to this message that we had about Muslims sharing progressive beliefs about women’s rights, but men were indifferent to it,” says Sambanis. “We expected that there would be a difference, and that the effect of the treatment would be larger among women, but we did not expect that it would be basically zero for men.”

The experiment makes gender identity more salient and establishes a common identity between native German women—most of whom share progressive views on gender—and the immigrant women in the progressive condition. This is the basis of the reduction of discrimination, Sambanis says, and it does not require coercive measures like forcing Muslims to take off the hijab. “You can overcome discrimination in other ways, but it is important to signal that that the two groups share a common set of norms and ideas that define appropriate civic behaviors.”

The results are surprising from the perspective of the prior literature, which assumed that it is very hard for people to overcome barriers created by race, religion, and ethnicity. At the same time, this experiment speaks to the limits of multiculturalism, says Sambanis. “Our work shows that differences in ethnic, racial, or linguistic traits can be overcome, but citizens will resist abandoning longstanding norms and ideas that define their identities in favor of a liberal accommodation of the values of others,” he says.

Nicholas Sambanis is a Presidential Distinguished Professor in the School of Arts & Sciences, chair of the Department of Political Science, and director of the Penn Identity and Conflict Lab at the University of Pennsylvania.

Source: The ‘hijab penalty’: Feminist backlash to Muslim immigrants in Germany | Penn Today

Job or hijab? Singapore debates ban on Islamic veil at work

Contrast between Sikh wearing turbans (male) and prohibiting Muslims wearing hijabs (women) striking:

Every day before she starts her shift at a government hospital in Singapore, Farah removes her hijab – the Islamic veil she has worn since a teenager.

Although minority Muslim women can freely wear the hijab in most settings in Singapore, some professions bar the headscarf and a recent case has triggered fresh debate on diversity and discrimination in the workplace.

Now Farah has joined a growing number of Muslims who account for about 15 per cent of Singapore’s 4 million resident population calling for the ban to end, with an online petition gathering more than 50,000 signatures.

“They told me I can’t work here if I wear the tudung,” said Farah, using the local Malay term for hijab, as she recounts her job interview two years ago for a physiotherapist position.

“I felt a sense of helplessness, it’s unfair. Why has the tudung become a barrier for us to look for jobs?” asked the 27-year-old, who used a pseudonym for fear of reprisals at work.

She accepted the job eventually but has to remove her headscarf whenever she is at work.

Farah’s case is not an oddity.

There was outcry last month when a woman was asked to remove her hijab to work as a promoter at a local department store.

Halimah Yacob, the country’s first female president who herself wears the hijab, said there is “no place” for discrimination when asked her view of the case.

The store reversed its policy, but many took to social media pointing out restrictions remain on wearing the hijab for some civil servants, including policewomen and nurses.

Livelihood

The debate surrounding the hijab is not new in Singapore, a modern city-state which takes pride in its multicultural and multiracial background. The country is predominantly ethnic Chinese, many of whom follow Buddhism or Christianity.

In 2013, then Muslim affairs minister Yaacob Ibrahim said wearing a hijab at the workplace would be “very problematic” for some professions that require a uniform.

The following year, Prime Minister Lee Hsien Loong said the hijab issue was about “what sort of society do we want to build in Singapore”, according to local media reports.

Singapore’s police force and the health ministry did not respond to repeated requests seeking comment.

Referring to the department store case, Singapore’s president said discrimination in the workplace was “disturbing” as it deprives a person from earning a living.

“People should be assessed solely on their merits and their ability to do a job and nothing else,” Halimah wrote on her Facebook, which attracted more than 500 comments.

“During this Covid-19 period when concerns over jobs and livelihoods are greater, incidents of discrimination exacerbate anxieties and people feel threatened,” she added.

Divided

The hijab has been a divisive issue for Muslims worldwide.

Many Muslim women cover their heads in public as a sign of modesty, although others see it as a sign of female oppression and in West Asian women face jail for eschewing it.

In Indonesia’s conservative Aceh province, women without a headscarf have been censured. In Malaysia, Islamic authorities have probed a book about Muslim women who refuse to wear the hijab.

But women’s rights campaigners in Singapore say they want Muslim women to have freedom of choice.

Such restrictions have hindered women’s job prospects, especially when the coronavirus pandemic has pushed Singapore into recession and companies are laying off, they say.

“Women should be able to practise their religion freely without having to choose between having a job or to practise their religion,” said Filzah Sumartono, a writer who helps run Beyond the Hijab, a website focused on Singapore Muslim women.

“This issue in Singapore is only being faced by Muslim women, it’s a strong discriminatory policy against Muslim women,” she told the Thomson Reuters Foundation.

Identity

Others urge consistency, noting that the turban – headgear worn by Sikh men – is allowed at work in Singapore.

“Why the double standard,” asked Nur, a Muslim law student who signed the petition posted online in June. She requested not to use her full name to protect her privacy.

The 22-year-old said her mother and sister, who work as a nurse and in a private security company respectively, are both banned from wearing a headscarf at work.

She called on officials to explain the restrictions, saying countries such as Britain or Australia have changed tack, with disposable hijabs for nurses to address any hygiene concerns.

“I accept that racial harmony is very fragile, but it’s not just acknowledging these differences exist and live with them. It’s much more than that,” said Nur, a co-founder of Lepak Conversations, an online group.

“It’s about knowing these differences exist, accepting them and embracing these differences.” Filzah of the Beyond the Hijab group said the restrictions can make it more difficult for women to enter the workforce.

“Some women don’t feel comfortable removing a part of their identity just to be able to earn money,” she said.

Source: Job or hijab? Singapore debates ban on Islamic veil at work

Quebec judge who asked woman to remove hijab apologizes, 5 years later

Of note:

A Quebec court judge, who refused to hear the case of a Montreal woman because she was wearing a hijab, has finally apologized for the incident, more than five years after it happened.

At an online hearing of the Quebec Council of the Magistrature on Tuesday, a lawyer for the council read Judge Eliana Marengo’s apology to Rania El-Alloul.

The council is the body responsible for disciplining judges in the province.

In her statement, Marengo said she acknowledged that she erred in asking El-Alloul to remove her hijab, that she regretted any inconvenience and that she never intended any offence or disrespect.

Marengo addressed the fact that at the time she had compared El-Alloul’s hijab to a hat and sunglasses being worn in the courtroom.

“My reference to hats and sunglasses was simply meant to exemplify how the rules of decorum are generally applied in the courtroom and was most certainly not meant to disrespect either you or your beliefs,” Marengo said.

She concluded by offering El-Alloul her most sincere apologies.

El-Alloul read her own statement in response, saying she accepted Marengo’s apology.

“I remember that day in the courtroom like it was yesterday. I couldn’t imagine that I would be turned away from the justice system because of my hijab, that my rights would be taken away because of my beliefs,” El-Alloul said.

“I hope she understands the pain she caused me, and why it is so important for her to account for her actions. Our justice system is not made for some and not others. No, this is a democracy, where everyone is to be treated equally before the law,” she continued.

“I accept her apology. This is what my faith teaches me.”

‘Not suitably dressed’

The controversy dates back to February 2015 when El-Alloul was in court trying to get back her impounded car.

“In my opinion, you are not suitably dressed,” Marengo told El-Alloul at the time. The judge said the court was a secular space, and no religious symbols should be worn by those before it.

The case was suspended, and El-Alloul eventually got her car back. But the story made headlines around the world.

Dozens of people, including El-Alloul, ultimately filed complaints with the Council of the Magistrature.

El-Alloul’s complaint was dismissed on a technicality, but the council agreed to look into the dozens of other complaints on the matter.

Marengo challenged the authority of the council to examine the complaints. She sought leave to appeal a Quebec Court of Appeal decision that unanimously found she was wrong to bar El-Alloul from her courtroom.

But in 2018, the Supreme Court refused to hear Marengo’s challenge.

Change of heart

The Council of the Magistrature sent a letter earlier this summer to the complainants, informing them of today’s hearing.

“The purpose of this hearing will be to study a settlement proposal from the prosecutors on file, including a letter of apology from Judge Marengo to Mrs. El-Alloul,” the letter said.

The council also told the complainants the apology would be released to the public, in exchange for dropping the disciplinary charges against Marengo.

The settlement was jointly proposed by Marengo’s lawyers and the lawyer handling the complaint for the council.

The panel of judges presiding over the hearing said it would take time to consider today’s arguments before deciding whether to accept the settlement.

Source: Quebec judge who asked woman to remove hijab apologizes, 5 years later

Judge who told woman to remove hijab offering to apologize in settlement proposal

Hard to see that this apology is genuine or just an effort to avoid discipline given how long Judge Marengo has been fighting this:

A Quebec court judge who refused to hold a hearing for a Montreal woman after the woman refused to remove her hijab now says she’s willing to apologize for the incident, more than five years after it happened.

In February 2015, Judge Eliana Marengo refused to hear the case of Rania El-Alloul.

El-Alloul was in court trying to get her impounded car back.

“In my opinion, you are not suitably dressed,” Marengo told El-Alloul at the time. The judge said the court was a secular space, and no religious symbols should be worn by those before it.

Marengo compared the hijab to a hat and sunglasses, saying she wouldn’t hear a case from someone wearing those, either.

After the incident, dozens of people filed complaints with the Quebec Council of the Magistrature, the body responsible for disciplining judges in the province.

In a letter sent recently to the complainants, the council said it would convene a hearing Sept. 8.

“The purpose of this hearing will be to study a settlement proposal from the prosecutors on file, including a letter of apology from Judge Marengo to Mrs. El-Alloul,” the letter said.

The letter also said the apology would be released to the public, in exchange for the dropping of the disciplinary complaints against Marengo.

Council spokesperson Paul Crépeau told CBC News the settlement is being jointly proposed by Marengo’s lawyers and the lawyer handling the complaint for the council.

Long legal fight

Marengo has been fighting the disciplinary complaint in court for years, at one point challenging the authority of the council to even hear the complaint.

Judge Eliana Marengo’s lawyers are now proposing a compromise where Marengo would write a letter of apology to El-Alloul.(Radio-Canada)

After a request from the legal team assisting El-Alloul, the Quebec Court of Appeal in 2018 issued a judgment reaffirming that the Quebec court dress code does not forbid head scarves if they constitute a sincere religious belief and don’t harm the public interest.

El-Alloul herself filed a formal complaint with the council after the incident, but it was rejected because of a technicality.

However, dozens of other complaints were accepted, and the council convened a special panel of five judges to consider the case.

El-Alloul declined to comment on the latest developments.

Source: Judge who told woman to remove hijab offering to apologize in settlement proposal

Australia: Liberal politician accuses first female Muslim MP of thinking ‘her diversity is better than others’

Sigh:

A debate in the House of Representatives on the importance of multiculturalism in Australia turned sour on Thursday after Assistant Defence Minister Alex Hawke attacked Labor MP Anne Aly for thinking her diversity is “something better than other people’s diversity”.

Egyptian-born Dr Aly was the first Muslim woman to be elected to Federal Parliament after she won the West Australian seat of Cowan in 2016.

The controversial comments came after Dr Aly disputed claims by Mr Hawke that “most” of the politicians in the room were either born overseas or had a parent that was, as part of a speech on the success of multiculturalism in Australia.

“When the member opposite likes to cite her diversity as something better than other people’s diversity she ignores reality,” he said, resulting in shouts of “shame” from Labor MPs.

“The member for Cowan should reflect that people have come from all parts of the world to Australia, over many years. Just because you’re a migrant from one country doesn’t make you better than another.”

Mr Hawke, the Member for Mitchell, was responding to calls by Labor MP Andrew Giles for urgent action from politicians on the rise of racism and anti-Semitism in Australia.

Citing the attack of a heavily pregnant Muslim woman in Parramatta in November last year, he said Australia was “witnessing a creeping normalisation of hate”.

“Let me be clear: the vast majority of Australians abhor racism, but we need national leadership, setting the standard and leading by example. This has been sadly missing in this place,” Mr Giles said.

Mr Hawke defended the comments on Friday morning, accusing Labor of “feigning outrage and falsely claiming racism” in order to shut down debate.

“Labor under Anthony Albanese appears fixated on identity politics and appears constantly triggered by anything and everything,” he said in a statement to SBS News.

“Every MP has the right to engage in robust debate – certainly Labor members did in this discussion.”

Mr Hawke clarified that he was trying to make the point that Labor was misrepresenting the reality of multiculturalism in Australia, which he said is a “free, fair and tolerant place and the greatest multicultural success story in the world”.

“This constant erosion of debate threatens our freedom,” he said.

During the 2019 federal election, Ms Aly was the target of “racist” flyers which used her full Egyptian name, Azza Mahmoud Fawzi Hosseini Ali el Serougi, and accused her of proposing “blasphemy” laws to ban any criticism of Islam.

Dr Aly’s office has been contacted for comment.

Source: Liberal politician accuses first female Muslim MP of thinking ‘her diversity is better than others’