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Last Update: Thu. july. 08, 2004


French Press Review:
France’s “Loi sur la Laicité”
(Law on Secularism)
(January 15-26, 2004)

By Norman Madarasz
International Relations/Economy

28/01/2004

Opponents to the French State’s decision to pass a law on secularism have argued that a ban on the individual right to wear religious signs will only lead to rising extremism in all quarters. Their concerns did not have long to wait before being translated into fact.

The Demonstration: Divisions

On the weekend of January 17-18, two events spread confusion in the wake of the bill. Saturday’s demonstration held in Paris was basically evacuated by the major leaders of France’s Muslim community. The reason behind the reticence lies in the event being organized by the PMF (French Muslim Party). Although a controversial group, it still managed to gather 10,000 protestors according to the police, 20,000 according to organizers. The PMF also assembled a dozen processions around France.

Monday’s edition of Le Monde uttered dismay: “even if the number of protestors is marginal for the 5-million strong Muslim community, it remains significant in light of the conditions under which the demonstrations were organized. The moderates, such as Dalil Boubakeur, director of the Paris Mosque and president of the Conseil français du culte musulman (CFCM-French Muslim Council) or the Mufti of Marseilles, Soheib Bencheikh, had in fact called Muslims not to demonstrate. Even the Union des organisations islamiques de France (UOIF-French Islamic Organizations Union), the radical and structured wing of French Islam, hesitated until the very last moment on Friday (January 16) before finally summoning a call to demonstrate.”

In the Sunday January 18 edition of Le Parisien, Dalil Boubakeur nevertheless acknowledged the relative success of the marches. “It has to do with general dissatisfaction, and with the anxiety felt in the community and especially among the youth,” he explained. Speaking on Radio J, the Socialist member of the Assemblée, Malek Boutish, dismissed Saturday’s demonstrations for being organized by Muslim fundamentalists. “The UOID discredited itself as a republican interlocutor… We can see now how [Interior Minister Nicolas] Sarkozy has put people in the spotlight who do not share Republican values.”

All news media complained of the lack of access to the women demonstrating in the march. “Often preventing the women from speaking to journalists, the men guided them sternly with ‘Onward, Sisters!’ The men alone took care of chanting slogans through loudspeakers,” sounded a Le Monde-Reuteurs-France report (“La mobilisation intégriste relance l'affaire du voile,” January 19).

And Now Beards?


“We are in the midst of communitarian discontent.”


Various ministers were confronted with the implications of the “law on secularism.” As opposed to the Parliamentary voices cited in last week’s press review, who often did not hesitate pointing the finger at hijab and Islam as the object of the law’s prohibition, the Executive cabinet carefully towed the line on its non-discriminatory nature. France’s education minister, Luc Ferry, went as far as to chalk one up for increased Jacobinism. Libération reported on how Ferry, in charge of defending the bill in the Assemblée Nationale, stirred up trouble among fellow members by “explaining how Muslim beards, the bandana and Sikh turbans could fall under the law’s prescriptions.” (January 20).

“Even student beards might constitute a religious sign and fall under the law’s ban,” Ferry was widely reported as declaring. One expects his comment to have been made as a rebuttal to critics claiming the law unfairly penalizes young women. Nonetheless, Ferry was forced to backtrack. He tried redeeming his statement by suggesting that “we are in the midst of communitarian discontent. We cannot let classrooms be organized according to religious affiliations.” His colleagues were quick to back up a perceived gaffe from someone who, as Libération reminded readers, had been recently opposed to legislation on the matter.

Part of France’s charm lies in the pleasure intellectuals take of its deep history of jurisprudence. On January 24, Le Monde’s Luc Bronner reminded readers that a previous minister had also banned beards, although then it had been aimed at teachers. Hippolyte Fortoul, the Minister of Public education and worship from 1851-1856, addressed education directors on 20 March 1852 with a taciturn topic. Growing a beard, he insisted was such “to affect the outwardly appearance of teachers in a way that is scarcely compatible with the seriousness of the professorship.” Bronner’s editorializing was pointed: “The authoritarian empire was on the horizon. On December 2, 1852, Louis-Napoléon Bonaparte would become Napoléon III.”

The Politics of It


France slides dangerously close to losing its own prestige.


France’s political establishment has begun expressing concern over the heated nature of the debate. Few question the bill as a resort to ensuring the serenity of the educational environment. However, its wording has revealed political rifts within the Right. “Dissonant voices have let themselves be heard as far as into the UMP (Union de la majorité politique, i.e. the governing majority). Former Prime Minister Edward Balladur is “very hesitant” about supporting its current wording, while Alain Madelin, founder of les Cercles libéraux (the rightwing Liberal Circle), remains hostile to it. On the other hand, France’s highest legal instance, the Conseil d’Etat, released the bill from its own jurisdiction to send it to the Assemblée for a vote prior to any further examination.

In an allusion to Ferry’s remarks, foreign minister, Dominique de Villepin, returning from a visit to the Gulf States sourly emphasized that “it is rather difficult to explain France’s stance abroad in that way.” (Liberation, January 23). But in Russia, the suave but sly Villepin, responded to a journalist from al-Jazeera by emphasizing that “this bill does not aim at any religion. It aims at reasserting the tenets of secularism, which is a warrant for neutrality, tolerance and the respect of religions according to the French tradition.” (Le Monde-AFP, January 23)

Like President Chirac, Foreign Minister de Villepin is best placed to recall the fate that befell the USA in the year after September 11, 2001. The country went from receiving near planetary condolences and sympathy for the attacks on the World Trade Center and Pentagon-only to lose it all during the confused and mendacious preparations to attack Iraq. France became the leader of those who opposed Bush’s war, with Villepin’s eloquence and charm casting him as a would-be head of the anti-war movement, in spite of himself. Now, however, France slides dangerously close to losing its own prestige.


The current French government expresses the voice of a highly conservative minority.


When we cast a glance back over 2003, it is easy to see in hindsight that the law’s preparation was on the agenda, despite both Ferry and Nicolas Sarkozy’s apparent opposition. The first cases of dismissing students wearing hijab from school date back to the late 1980s. Despite France’s courage in voicing opposition to the Iraq invasion, it can be argued that its current government mainly expresses the voice of a highly conservative minority. What is surprising is the utter lack of reference by Parliamentarians from other parties in reaction to what is evidently a populist undercurrent beneath this law’s grandiose historical claims. Only weeks ago, Raffarin stood teetering on a wave of unpopularity, even awaiting a possible change of government. Now, just by coincidence, he sits alight on his throne of reason.

France’s party politics is locked up in the anti-hijab law through its Jacobin philosophy. Accordingly, individual freedoms are only guaranteed by collective decisions on freedom per se-in Rousseau’s terms, citizens “are compelled to be free.” The French often enjoy distinguishing their freedoms from the ethics-based respect for responsible government in the name of the collective whole, which is more typical of northern Anglo-Saxon and Scandinavian countries. As the story goes, the French persuasion would incarnate suspicion for the State owing to a lawless “Latin” component, when it is not merely an expression of disdain for the liberal oligarchy maintaining the contemporary Republic as a democracy.

Speaking in the pages of Le Parisien on January 23, Alain Juppé, the president of the UMP and mayor of Bordeaux, stated that “there are moments when one must collectively know how to decide. We have deliberated and the President of the Republic has given an orientation that, from my point of view, does not justify any further hesitation.”

According to him, the body of elected representatives must first of all consider “those young girls from certain districts who experience family and social pressure, who are stigmatized for their behavior and even fall victim to violence because they want to live freely.” Evidently, Mr. Juppé dismissed the thousands of veiled French Muslim girls who have proclaimed their choice of wearing the hijab on national television during and since the January 17th marches.

Scratching the Cultural Surface

Michel Houellebecq portrayed Muslims in his last novel as self-obsessed terrorists.

Ever since the Revolution, and perhaps going back to the wars that pit Catholics against Protestants, despite being a harbor of individuals fleeing tyranny abroad, France has shown particular disdain toward cultural differences when they have formed into communities at home. Too many French forget that the “law on secularism” is not meant to penalize foreigners, but French-born Jews and Muslims.

Sensing France’s weakness, Israel wasted no time in unleashing their negative appraisal of France’s recent record of anti-Semitic acts. Beneath the facts lies its difficult relationship with a country most of their leaders see as the greatest Christian supporters of the Palestinian struggle for a free state (Le Monde, “Antisémitisme: Israël accuse la France,” January 25). There can be little doubt that for a nation as politically active and alert as the French, foreign struggles will recur domestically. Statistics demonstrate that anti-Semitic acts in France have risen dramatically ever since the beginning of the Second Intifada.


Racial hatred is being expressed as if it were an indication of the progress humanity has


On the other hand, one need not scratch the country’s cultural surface very far to sense the anti-Islamic strain. In a country housing the Institut du Monde Arabe, an architectural masterpiece and one of the world’s great centers for Arab culture, there is no dearth of local writers and intellectuals who openly espouse their self-declared “Islamophobe” stances.

Counter-cultural sensation, Michel Houellebecq had already created suspicion last year with unsavory remarks on Islam and his portrayal of Muslims in his last novel as self-obsessed terrorists. Now, Dantec, the acclaimed crime novelist, declared his “Islamophobia” from self-exile in Quebec, Canada-not exactly shelter for racists. Needless to say, world events have given Islamophobes and anti-Semites a field day to openly espouse their racial hatred as if it were some indication of the progress humanity has made. Then again, the current national leaders of the world can hardly be acclaimed for the wisdom of their teachings.

The up-coming week’s developments are set to be decisive. As Libération described it “the government has announced that the bill will be presented to the Ministerial Council on January 28, and deliberated in the Assemblée from February 3 on. If adopted by Parliament, the law will come into force in time for next fall’s school return, in September. The Conseil d’Etat should confer judgment, as it does on all legislative projects, in relation not to the bill’s timeliness, but to its legality and compliance with general Law and, notably, the Constitution.”

Various demonstrations have been called for February 4 and 14.


* Norman Madarasz is a Canadian philosopher residing in Rio de Janeiro, Brazil . With a Ph.D. from the University of Paris , he teaches and writes on international relations, political economy and philosophy. He is also a regular contributor to Counterpunch and has published think pieces and philosophical research extensively. You can reach him at nmphdiol2@yahoo.ca


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