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Dear sisters and brothers,
Assalaamu 'alaikum wa rahmatullahi wa
barakaatuh
All praise be to Allah for allowing me to be
here with you, in the first visit to this glorious country
which is dear to my heart and that of all Muslims. It is a
pleasure to address you today, bringing to you the solidarity
of your sisters both in Europe and in Tunisia.
Let me begin by addressing the plight of the
hijab in Tunisia, for it is strikingly similar to that in
Turkey. The names of 'Turkey and Tunisia' frequently appear
adjacently and are referred to by both sides of the debate on
this issue, making the two cases worthy of the focus and
attention of anyone concerned about the ban anywhere in the
world. We thus find those who justify the ban often referring
to the two countries when they fail to find convincing
arguments for the ban in European countries, as we have heard
from many politicians and writers.
The ban in these two countries of glorious
Muslim heritage was not a measure imposed by foreign powers or
by non-Muslim governments against a Muslim minority. Although
Tunisia lived under French colonisation for three quarters of
a century from 1881 to 1956, its Arab-Islamic identity
remained generally intact, thanks to its well-established
13-century-old roots and the vigilant efforts of its glorious
Zaytounah Mosque and education system. However, the
post-independence government of Tunisia soon deprived the
country of this glorious institution, bringing it under state
control and limiting its influence by depriving it of its
independence. Prior to post-independence rule, almost 80 per
cent of educational institutions in Tunisia belonged to the
private sector and were financed by allocated endowment funds
(waqf), as did one third of agricultural properties. All were
confiscated by the state. Mosques were brought under state
control, and al-Zaytounah eventually became a mere department
for Islamic studies and a tourist attraction. Zaytounah
graduates found themselves marginalised, while those educated
in French institutions, like Habib Bourguiba took the reigns
of power, to execute their project of pseudo-modernisation,
which to them was synonymous with 'westernisation' and
'secularisation'.
The hijab was one of the victims of this
assault on the Tunisian people's identity and heritage, in
which everything that was not 'western' was seen as a symbol
of backwardness that must be eradicated. In his quest to
"catch up with so- called advanced nations" (which Bourguiba
understood to refer to France), he showed extreme disdain and
contempt for the sacred beliefs of the people. Thus he urged
people not to observe the fast of Ramadan, he ridiculed
sayings of the Prophet pbuh and verses of the Quran, and urged
women to seek a disfigured brand of emancipation, personally
removing the headscarf of a woman during a rally as an
example.
Through absolute control of the education
system, the media, the mosques and restricting all freedoms,
Bourguiba assumed that it was possible to change the nature
and identity of a people and model it according to his own
distorted vision. In 1981, in an unprecedented deplorable law,
known as law number 108, the headscarf, which was called
'sectarian dress' was banned in Tunisian schools, universities
and workplaces. Thousands of working women including doctors
and civil servants have been sacked from their jobs because
they insisted on dressing in a manner that did not agree with
the taste of the President or with the style which he
understood to represent modernity. Girls and young women who
wore the hijab, like my sister, had to remove their
headscarves before entering their schools or colleges,
otherwise they would face 'disciplinary action' and be
expelled. This continued to be the case until the end of
Bourguiba's rule that came in a coup d'etat in November 1987.
The new President promised he would restore
liberties and democracy. Tunisia witnessed a few years of
relative openness, and law 108 was no longer enforced.
However, openness gave more opportunities for the opposition
whose influence was stronger than could be tolerated by the
new President. A new wave of repression began in 1990. The
hijab ban was again enforced in schools and workplaces. Girls
who wore the hijab to school had to remove it, and sign a
statement, which had also to be signed by their parents,
pledging never to wear it again.
Political police agents have been deployed in
all educational institutions in order to force girls as well
as teachers to remove their scarves in public, leading to
severe psychological effects. Thousands of students have since
been compelled to leave school and many women have lost their
jobs. Moreover, the enforcement
was not restricted to workplaces and educational institutions.
Women who wore the hijab were arrested in the streets and
taken to police stations where they were harassed and forced
to sign a similar pledge never to wear it again. Some had
their headscarves ripped off their heads in the street.
Relatives of women who wore the hijab lost their jobs, unless
the female relatives stopped wearing the hijab. Women were
also refused hospital treatment unless they removed their
hijab. Even women who
were in labour were denied the right to admission into
hospitals for wearing the so-called "sectarian dress".
Prisoners' mothers, wives or relatives could not visit their
relatives in prison while wearing the hijab. Identity cards
and passports were also not issued to women with hijab. Even
according to the US Country Reports on Human Rights Practices,
"The Government revoked the identity cards of an estimated
10,000 to 15,000 Islamists and fundamentalists, which
seriously disadvantaged them... According to reliable sources,
the Government has refused to issue passports to Islamists and
fundamentalists", which of course means those committed to
religious practice. While this was taking place, Tunisia still
enjoyed a reputation as a country that has a moderate climate
and a moderate regime, which is modern and advanced compared
to its neighbours in the Arab, Islamic and in third worlds.
Ben Ali's policies were praised by French president Chirac,
and as reported in Human Rights Watch's 1999 Report
"Unwarranted praise was conferred by First Lady Hillary
Clinton during her goodwill visit to the region. In a March 26
speech in Tunis she hailed Tunisia as a "model for the entire
world" with respect to the progress made "on behalf of women
and women's rights." But women, like men, were thwarted or
punished whenever they exercised their rights to speak,
associate, and assemble in a manner that displeased the
authorities."
While the plight of women wearing hijab was
mostly ignored by most international human rights
organisations due to government propaganda claiming that hijab
was a fundamentalist political symbol, in the late 1990's, as
a result of the obvious and fast spreading extent of the
state's repression beyond just Islamists but to all critics,
human rights reports started refering to the harassment of
women who wear hijab in the long list of human rights
violations committed by the Tunisian authorities. In a report
on Tunisia in 1997, Amnesty International wrote:
"Wearing the hijab (Islamic headscarf), or
even an ordinary headscarf is seen by the authorities as
evidence that the women belong to or support political
Islamist groups. As a result of harassment and intimidation by
the security forces, especially since 1992-93, women stopped
wearing the hijab (...) However, in recent years increasing
pressure has been put on women to stop wearing the headscarf.
Women working in the public sector were threatened with
dismissal if they did not stop wearing the headscarf, even
though they only wore it outside the workplace, and some were
dismissed. Women who were summoned for interrogation or who
were arrested in the streets and taken to the Ministry of the
Interior or to police stations had their headscarves removed
by force.
Cases of such gross violations of human rights against women
are widespread and have been repeatedly brought to the
attention of the Tunisian authorities by Amnesty International
and other human rights organizations. The fact that such
practices continue clearly show that the Tunisian authorities,
who often stress their support for women’s rights, do not
hesitate to violate these same rights with impunity."
The law continued to be applied, sometimes with
great enthusiasm and vigour, and at other times lapsing to
formal enforcement in schools and workplaces, according to
internal and external conditions. In the last few years,
despite the banning of Islamists and the continuous government
control of the media, education and all associations and
institutions, Tunisia has been witnessing a new religious
revival, which many attribute to the increased religiosity and
awareness of Tunisians, due to, among other factors, the
availability of alternative information through satellite
channels and the Internet. The spontaneous wearing of hijab by
young Tunisian women had no relation to any political
movement, as all opposition movements have been banned and
driven abroad.
Nevertheless, the state has re-vitalised the
ban on hijab. Female university students were referred to the
university’s disciplinary council for refusing to take off
their Hijabs inside the campus, dozens of students were not
allowed to sit their exams unless they remove their hijab.
Previously silent on this issue, the Tunisian League for Human
Rights, released an unprecedented statement, calling on the
Tunisian authorities to put an end to their anti-Hijab
campaign. On the other hand, the Tunisian Association of
Democratic Women, a small radically feminist organisation,
expressed horror at the widespread phenomenon of hijab among
Tunisian women, which it regards as an oppressive backward
symbol, and shockingly attributed it, not to women's own
personal choice, but to "the government tolerance"! Thus we
see an organisation expected to defend personal freedoms and
human rights calling for state intervention and repression.
However, women in Tunisia, no longer isolated
from the rest of the world, are resisting state intervention
in their private affairs, and are seeking to make their
forgotten case heard abroad. Last February, in a move seen as
the first of its kind, a Tunisian female lawyer and human
rights activist filed a lawsuit to revoke Law no. 108. Saida
Akremi argued that "the law brazenly violates the basics
rights enshrined in the Universal Declaration of Human Rights,
which states that everyone has the right to freedom of
religion and to choose the clothes which suit him/her, and
that the law also contradicts the Tunisian Constitution which
asserts that Islam is the religion of Tunisia".
Turning to the opposite side of the
Mediterranean, the situation in France is a little more
perplexing. While many find Tunisia's ban on hijab hard to
believe in view of Tunisia's Muslim character, France's ban
contradicts its image as a champion of "liberte, egalite,
fraternite" (Freedom, Equality, Fraternity). While in Tunisia
the persecution of women who wear the hijab is part of a
bigger picture of violations of human rights, France has been
seen as a democratic country guaranteeing freedom and
protecting its citizens' rights.
France’s unjust decision to ban the hijab was
justified on the basis that the hijab - this simple piece of
fabric- threatens the very existence of the French Republic
and its ideals of secularity and tolerance. But instead of not
interfering in personal affairs, the state is interfering in
the crudest way, to the point of dictating to people how they
must dress. Instead of guaranteeing every individual’s right
to choose, young women are punished for exercising their
freedom of choice. And instead of being neutral and not
deciding the significance of one religious symbol or another,
French MPs and politicians are falling over themselves to
assert that the hijab is a devious political symbol and an
insult to women’s dignity.
Another popular argument to justify the ban is
that the French state is combating fundamentalism. We’re told
that young 13 or 14 year-old girls wearing scarves are
dangerous fundamentalists intent on destroying the French
state. However, anyone with a shred of sanity can see that the
French government are the fundamentalists. Because what we are
seeing in France today is nothing short of fundamentalism - an
ugly secular fundamentalism that refuses to acknowledge the
most basic human freedoms.
Another popular cry is that this ban is for the
benefit of poor, oppressed Muslim women. Thus in a patronising
way, the assumption is that Muslim women are incapable of
using their minds to make their own choices, and however loud
the majority of women cry that they have freely chosen to wear
the hijab, the French government insists: You are oppressed,
you just don’t know it!
In Germany Chancellor Schroeder has said that
"headscarves have no place among people who act on behalf of
the state, and that includes teachers". Out of Germany's
sixteen states one had already passed a law banning Muslim
women teachers from its schools, and at least five states are
in the process of passing similar bans.
In Belgium the Deputy Prime Minister Patrick
Daweael has called for a hijab ban on all civil servants
including teachers and doctors, and on school pupils. A draft
law has been presented to the Senate. Not waiting for the law
to pass, some schools have already begun implementing the ban,
as have some hospitals and medical schools.
In Denmark, Italy, Spain and other European
countries, there have cases of women dismissed from school and
work because they wore hijab, and statements made by ministers
supporting a hijab-ban.
It is with these dangerous events in mind that
the Assembly for the protection of Hijab was initiated
following the alarming spread of Hijab ban across and around
the world. We are concerned that such discriminatory
legislation will alienate Muslim women and their communities,
and thus have a deep negative impact on community relations,
effectively encouraging racism and hostility towards Muslims,
thus stoking the flames of intolerance and hatred. There are
already clear records reflecting the increase in hatred,
Islamophobia and Xenophobia against Europe’s 15-25 Million
Muslims.
While the ban claims to liberate Muslim women,
the campaigns to protect the right to wear hijab have been led
by these same women. Thousands of young women marched in the
streets of France wearing Hijab in the colours of the French
flag and holding their French identity cards - confirming
their French identity but reserving the right to choose their
dress. Thousands of Muslim women took part in rallies in
around 35 countries around the world on 17th Jan 2004 outside
French Embassies and Consulates, making clear their total
rejection of the ban. On 4th September again, 21 countries
around the world joined in a day of solidarity, showing their
determination and pride in their way of life.
The situation is Britain remains a positive
case in its European environment. The British government has
pledged its support to the Assembly for the Protection of
Hijab when it was launched in the House of Commons on 14 June
2004, which confirmed that the British Government takes pride
in pluralism and diversity and respects individual religious
freedoms. The Mayor of London Ken Livingstone has stood firmly
in support of religious freedom and extended his hospitality
at City Hall on 12th July by hosting the Assembly’s first
conference. The conference, titled “Hijab - a Woman’s Right to
Choose” was a gathering of over 350 people, representing over
202 organisations from 15 countries around the world.
The Assembly to Protect the Hijab has also
brought this cause to the European Parliament The Assembly, in
conjunction with Caroline Lucas MEP, presented a seminar in
the European Parliament on 22nd September to lobby MEPs to
sign a written declaration regarding the ban, to be presented
before the European Parliament early next year. We encourage
assistance from all supporters of human rights to help exert
pressure on MEPs in all countries to sign this declaration.
We Muslim women in Europe are confident that
our cause is a just cause, and that our right to choose what
we wear is guaranteed by our national European laws, as well
as by international conventions. Above all, we are convinced
that this dress we have freely chosen is to us a powerful
medium of liberation. Far from being a symbol of oppression
and subjugation, this hijab represents our own vehicle to free
choice and emancipation. Individuals’ life preferences,
including modes of dress, are a strictly individual affair
that lies outside the scope of state control and interference.
It is none of the state’s business to decide the food we eat,
the music we listen to, the thoughts we entertain, or indeed
the dress we wear. This, after all, is the most basic meaning
of individual liberty. And however it seeks to justify itself,
denying Muslim women their basic right to choose their dress
is nothing short of islamophobic, undemocratic and truly
tyrannical.
Thank You.
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