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The Islamic headscarf ban: a French teachers view
By Antoine Lerougetel
23 March 2004
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The following comment was written by a retired French teacher
and regular contributor to the World Socialist Web Site.
As a teacher who has taught in secondary education in France
for many years, I am in agreement with the principles and analysis
enunciated in Alex Lefèbvres article on the new law
on the wearing of religious signs, posted on the WSWS on February
18. [See France:
National Assembly bans Muslim headscarves in schools]
How is it that virtually all teachers organisations and
parties of the left, and many teachers in France, have given support
to this repressive lawone, moreover, that comes from a government
against which teachers, along with millions of other workers,
were in struggle only six months ago, in some of the longest and
most bitter struggles in decades? This is the same government
that rode roughshod over mass opposition to the destruction of
pension rights and the dismantling of the public education service.
It seems that the same union sacrée that united
behind President Jacques Chirac as a supposed barrier to neo-fascist
Jean-Marie Le Pen in the second round of the presidential elections
in 2002 has now regrouped behind the president against Muslims
in general, and our Muslim girl pupils in particularto Le
Pens great pleasure. In so doing, these forces have once
again given Chiracs credibility a boost, diverting attention
from the brutal cuts in unemployment benefits introduced in the
new year and the assault on health and sickness benefits planned
for after the regional elections in March and the European elections
in June.
I must correct the translation of the French ostensible
as ostentatious in the second line of Lefèbvres
article. It should be conspicuous. Let me explain
why this is not a small question.
For months, the commission headed by former government minister
Bernard Stasi and various parliamentarians discussed and wrangled
over how to define the religious signs that were to be banned
in schools. The choice was between the status quo signes
religieux ostentatoiresostentatious religious signs
or symbols that had an openly proselytising purposeand religious
signs that were ostensibles or visiblesconspicuous
or visible. In the event, ostensibleconspicuouswas
the alternative selected and voted for in the National Assembly.
This may appear to the uninitiated to be a semantic quibble
on the level of medieval scholastic debates. In fact, very real
social, political and historical issues are at stake.
Napoleons Concordat of 1801 recognised the Catholic,
Jewish and two Protestant religions. His regime, subsequent monarchies
and the Second Empire restored much of the status of the Catholic
Church and gave it a dominant role in education. The last three
decades of the 19th century up to 1905 witnessed a struggle over
the role of the Catholic Church in a modern capitalist state.
At times, the liberal and radical bourgeoisie was in alliance
with the growing workers movement, seeking to drastically
reduce the Catholic Churchs grip on education. The high
point of this struggle was the 1905 law on the separation of the
church from the state, which decreed that The Republic neither
recognises, nor staffs, nor subsidises any religion.
This position was abandoned by Marshal Pétains
regime of collaboration with the Nazi occupier, which put the
Church firmly back in place. Much of Pétains rehabilitation
of the Churchs role in education was left intact after the
Liberation. De Gaulle gave considerable ground back to the Church
when he returned to power with the Fifth Republic in 1958. The
Stasi commissions report points out that The law of
31 December 1959 fixes the rules for private schools under contract,
in the majority Catholic, whose specific character is recognised
and protected by the constitution.
Neither the Third, nor the Fourth, nor the present Fifth Republic
brought Alsace-Moselle (in eastern France and under German rule
in 1905, so the measure separating church and state did not apply
there) into line with the Republic. The Concordat gives churches
the right to teach their religionsalmost exclusively the
Catholic religionin the state schools of the region.
It should not be forgotten that the Catholic Church controls
the education of some 18 percent of the French population, a proportion
that is rising because of the declining resources allocated to
the public education service.
The Stasi commission report specifically rejects any tampering
with the privileges of the Catholic Church in this area: The
commission believes that reaffirmation of the secular state, la
laïcité, does not lead to the questioning of the
particular status of Alsace-Moselle, to which the population of
these three departments is particularly attached.
The adoption of the term ostensibleconspicuousto
replace the current ostentatoireostentatiouslowers
the threshold of what signs are permissible, while still permitting
pupils to wear Christian crosses or Stars of David as pendants
or broaches. The Muslim headscarf or veil, arguably acceptable
under the previous standard, cannot pass muster under the new
standard set by the term ostensible.
In many schools, in my experience, before the present furore
stoked up by the political establishment and the media, Muslim
girls wore headscarves without causing any problem. Indeed, in
my classes they have usually been amongst the most serious students.
Thus, without actually spelling it out, the Stasi commission
and government party UMP deputies, Socialist Party deputies and
most Communist Party deputies, with the extra-parliamentary support
of the teachers unions and the far left opportunists
led by Lutte Ouvrière, backed a measure that discriminates
against Muslim girls who wish to wear a scarf or veil covering
their hair. With consummate hypocrisy, they claimed to be treating
all religions equally. They even suggested that Muslims could
wear pendants or medallions of the Hand of Fatima.
The small Sikh community, whose beliefs require boys and men
to wear turbans, suddenly found that its sons were obliged to
either abandon their customs or abandon their studies. For many
French people, the Sikhs reaction to the law was the first
knowledge they had of the existence of this community.
In a climate of growing resentment from the immigrant community
and a certain disarray in political circles at the backlash their
measure had provoked, the education minister, Luc Ferry, pointed
out that any object could be made into a religious sign. He speculated
as to whether beards, if Islamic, should be banned
in schools. He began to elaborate detailed recommendations as
to what size of bandana might be acceptable for girls as a substitute
for the headscarf. He suggested an invisible hair net for Sikh
boys.
The atmosphere of intrusive interference into the private preferences
of our pupils started to take on a distinctively medieval, inquisitorial
character. President Chirac and Prime Minister Raffarintrying
to calm a situation where thousands of Muslims and some civil
rights activists, largely but not exclusively dominated by fundamentalists,
were taking to the streetswere obliged to prevent their
education minister from participating further in debates on the
law.
Most Socialist Party deputies had opted for the banning of
visible religious signs, which would have meant a
total ban on all outward expressions of religious affiliation.
This ultra-secular posturing, known as intégrisme
laicsecular fundamentalismwould
give the state and its representatives in the school hierarchy
and administration draconian powers. Presented as the true secularismthe
outright banning of all religious expression in state schoolsit
did have the merit of affecting all faiths.
The Christian and Jewish officials opposed this formulation.
The Socialist Party, in the event, voted with the government.
Some right-wing politicians were also for banning, in addition
to religious signs, all displays of political allegiance in schoolssuch
as T-shirts with the effigy of Che Guevara.
The final choice of ostensible permitted the continued
witch-hunt of Muslim girls, while not upsetting the Jewish or
Christian authorities. The Sikh community is left as the innocent
bystander caught in the crossfirea warning that discrimination
directed against any section of the population based on ethnic
or religious differences or opinions is a fundamental attack on
all rights.
Capitalism, while granting concessions to the insistent and
growing demand of the working class for access to education since
the 19th century, has always used state education as a direct
instrument of social and political control. This is most blatant
in France because of the highly centralised state and government
control known as jacobinisme. French state education has
been and remains the most exquisite expression of this jacobinisme,
which is defended under the guise of secularism, laïcité.
In the present debate and media frenzy, Lutte Ouvrière
(LO) has been the most ardent advocate of state repression against
girls wearing the Muslim veil. After some equivocation, LO came
out in support of the law. They had previously made it clear that
recalcitrant teachers should be made to act, with or without the
new law: There remains, then the possibility of a ruling
from the National Education Service that would ban the scarf,
even if small, on the premises of schools. All teachers
would then have to enforce the ban, and the regulation should
explicitly provide for this obligation to enforce. (October
2003 statement of Lutte Ouvrière, emphasis added).
LO has been giving uncritical support to the Ni putes ni
soumises movement of women that campaigns against the oppression
of girls and women on the working class estates, where there are
many immigrants and where the sense of having been abandoned by
all the parties of the left has driven some youth into the arms
of conservative Islam. Ni putes ni soumises spokesperson,
Fadela Amara, was demonstrating on International Womens
Day, March 6, with Chirac and Raffarins secretary of state
for housing and justice, Nicole Guedj, as well as Arlette Laguiller,
spokesperson for Lutte Ouvrière.
Fadela Amara is quoted as saying I am very happy to see
that women are mobilising, whatever their political affiliations.
Her movement fully supports Chiracs law against the Islamic
scarf. The feminists and the far left LO march arm
in arm with the right-wing Raffarin government!
I have taught in schools with a good proportion of first- and
second-generation immigrant children most of my working life,
and one of my strongest feelings about this law, which will come
into effect in September 2004, is that it is not merely an attack
on Muslims; it is a means of obliging teachers and administrators
to police the pupils. It reduces teachers ability to approach
social, cultural, ethnic and religious differences in a sensitive
and creative way. It encourages intolerance and discrimination
amongst pupils. Racist or fascist-minded pupils or parents would
have a green light to put teachers in the wrong if they showed
too much indulgence. This puts me in mind of the Pétain
regime circulars ordering teachers to report on suspected Jews
or Résistants.
The Libération of March 11 reported a strike
of teachers in a college (junior high school) in the department
of Haut-Rhin against a pupil wearing the headscarf. It confirms
my worst fears.
Yesterday, at 8 oclock, she appeared wearing a
headscarf. She came out a few minutes later along with 400 other
pupils. Most of the teachers had gone on strike. Gathered
at the entrance of their school, most of the pupils support the
action of their teachers. One took out of his bag a placard:
Are you taking your scarf off? Yes, or shit!
A teacher is quoted: The compromise between the family
and our superiors was reached without any consultation at all.
The erroneous term bandana tricked everybody. We were
unable to avoid the confusion and pressing questions of the pupils
faced with this scarf. Now, some pupils think they can come to
class with all sorts of headwear.
Such developments, diverting attention from the governments
elimination of thousands of teaching posts and the starving of
education and research of funds, as well as the concerted assault
on social and democratic rights, can only aid the most reactionary
forces.
As Alex Lefèbvres article states: Religious
prejudices will be overcome through the political development
and education of the working class in the struggle for democratic
rights and socialism, not through state decrees imposed from above
by governments that serve the interests of an entrenched social
elite.
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