Since the 1960s, the demographics of immigrants entering France have shifted. In 1968, the largest immigrant groups included Spaniards, Italians, and Portuguese, and were primarily Christian in faith. Today, the majority of these groups come from North African nations like Algeria, Morocco, and Tunisia, where Islam is the predominant religion. Thus, with these immigration shifts, in recent years, Islam has become the second largest faith in France, accounting for 10 percent of the French population, second to Christianity, which rests at almost 30% percent.
This diversification of society has unleashed reactive backlash, with many on the French right driving up what many have called anti-Islam and Islamophobic policies. Recent examples include the 2004 French law forbidding “conspicuous” religious symbols in France and the 2021 French separatism law, which extended the “neutrality principle” (under which civil servants are, among other things, prevented from wearing religious symbols like hijabs) to all private contractors of public services. One political science researcher with the National Centre of Scientific Research has deemed current French president Emmanuel Macron’s first term “gloomy” for French Muslim citizens, referring to the ever-darkening outlook for religious protections that has colored the tone of French policy during Macron’s time in office.
All these fears have culminated in the newest piece of legislation targeting France’s growing Muslim population, so that this year, as French schools started back earlier this September, their female students faced a new, highly controversial restriction: a ban on the abaya.
Four teen girls in hijabs paired with modern clothing are leaning against a wall, looking at their phones. Source: Yahoo Images
The abaya, which is sometimes simply referred to as the aba, is most commonly known as a loose, typically black, floor-length dress worn primarily by Muslim women. The word itself, translated from Arabic, means simply “dress.” The abaya is mainly popular in the Middle Eastern region of the world, in nations like Saudi Arabia or Yemen, where the garment’s prevalence can be attributed to its alignment with cultural and religious preferences towards modesty within the area.
Its ban was justified by French Education Minister Gabriel Attal through the French concept of “laïcité.” This term essentially defines the ardent secularism that France has in relation to its public institutions, arguably much stricter than an average American’s idea of what the separation of church and state looks like. For example, this idea of laïcité has previously led to the ban of all overtly religious symbols within French public schools, including large Christian crosses, Jewish kippahs, and Islamic hijabs. Now, it is being used to target the abaya. French Education Minister Gabriel Attal attempted to explain the decision through the reasoning that “when put in the framework of a school, it is very clear: you enter a classroom, and you must not be able to identify the religious identity of students just by looking at them.”
Those who celebrate the law are quick to draw this religious connection between the abaya and Islam. However, it is important here to recognize that the abaya is not itself directly connected to the religion of Islam but to select Muslim cultures. Despite what the French Ministry of Education claims about how wearers of the abaya are “immediately recognizable as belonging to the Muslim religion” and, as such, violate the standards for secularism within the French educational system, opponents of the ban have protested that the abaya has no direct religious affiliation. Its wearing is not mandated by any Islamic text, nor is it compulsory dress for the religion; it merely fulfills the religion’s requirements regarding modesty.
A woman gazing out into the desert, dressed in a black abaya and hijab. Source: Yahoo Images
In 2018, a Saudi senior religious scholar of Islam drew mixed reactions when he stated that the abaya shouldn’t be expected or necessary dress for Muslim women, citing the statistic that over ninety percent of practicing Muslim women do not, in fact, wear the abaya. Instead, most women will simply choose to wear loose-fitting dresses, ankle-length skirts, long-sleeved shirts, and anything else that meets the modest standards of their religion, all of which are typical in Western culture and all of which are completely acceptable to wear inside a French school. This may lead some to ask the question: Is this ban truly in keeping with France’s educational goals of secularism, or does it simply originate from a xenophobic attitude surrounding Muslim culture and the modest standards they practice?
Many members of France’s Left would argue the latter. Jean-Luc Mélenchon, a 2022 French presidential candidate, accused the ban of initiating an “absurd, entirely artificial religious war about a woman’s dress,” and Clémentine Autain, one of La France Insoumise’s MPs, called it “characteristic of an obsessional rejection of Muslims.” The ADM (Action Droits des Musulmans), a group that advocates for the rights of Muslims within France, expressed concerns about the risks of ethnic profiling in schools and how the ban might create a target on the backs of Muslim children, especially since the ban includes no clear legal definition of what an abaya is. It will now be up to the school officials and administration to determine what constitutes an abaya and what does not, further fueling speculation that the ban is discriminatory in nature and will only encourage one-sided racial and ethnic stereotyping based on “the supposed origin, last name or skin color” rather than what they wore.
However, despite bringing legal challenges and these concerns over its implementation, France’s highest administrative court, The Council of State, upheld the law in early September, finding that the abaya “was part of a process of religious affirmation” based on the comments from student discussions. France’s new school year has already seen some resistance to the new legislation, with almost 70 Muslim girls sent home on the first day of school for refusing to change their attire in accordance with the new dress code. Whether it serves to reinforce or deteriorate the rights of all French students, time will tell.
If you would like to learn more about the potential social justice impact of this new legislation and what resistance the ban will see in the future, you can visit ADM’s website.
In May 2020, I sat at the dinner table with my family breaking our fast for Ramadan as we heard our home country was still facing many hardships. Being Palestinian, I am constantly surrounded by news notifications and Instagram posts explaining the horrors of many lives, but for some reason, that night, I felt a different wave of emotions as I saw my friends post about their families and neighbors’ villages being bombed, indicating that my family’s village was under attack. Three years later, the feeling still lingers, echoing the struggles faced by my ancestors since Al-Nakba in 1948. Every year during Ramadan, which is the holy month for millions of Muslims around the world, I reflect on the safety of our homes midst of breaking our fasts while millions in Palestine struggle to protect themselves under Israeli occupation, not just in Ramadan, but since the first Nakba (catastrophe) in 1948. The Palestinian struggle has persisted through generations, yet it continues to be brushed off by many influential international figures.
The images and events that took place in Al-Aqsa shocked the United Nations and many nations around the world. Turkey is among the few countries to come out and condemn Israel’s actions. The Arab League has urged the UN Security Council to intervene and stop the hate crimes, while other countries such as Jordan, Egypt, and Qatar have expressed their support for Palestine.
Amnesty International has documented the experiences faced by Palestinians during these attacks. Shadi, a 17-year-old, stated: “Twice I tried to raise my head, and both times [the police] beat me with the butt of their guns on my head […] you are not allowed to raise your head. I was hurting all over my body from the beatings and the bruises… what I went through does not even compare to the beatings others faced.”
The Palestinian Struggle
The Palestinian struggle has existed since 1948, with conditions deteriorating over time. Palestinians continue to live under an apartheid regime. Amnesty International noted through its past investigations that the Israeli forces enforce systems of oppression, domination, and control against Palestinians. Despite some portraying the Palestinian-Israeli conflict as a “two-sided” issue or a “religious war,” it requires the two sides to be on equal stance, for it is an equal fight. In reality, this is a one-sided conflict, where Israel possesses the weapons and Palestinians to live under its occupation. Since the Gulf War, Israel has implemented economic and political sanctions that are evident to this day. These sanctions include road blockades to prevent Palestinians from entering Israeli territories, controlled city borders, and different governmental statuses based on ethnicity. There is no explanation or justification that could be presented for the mistreatment of Palestinians. Along with Amnesty International, many countries and activists have called for the condemnation of Israel and for the International Community to take action to address the situation.
There have been efforts to enact peace plans and promote a two-state solution in the Israeli-Palestinian conflict. However, these talks often leave out the most critical voice, that of the Palestinians. The latter is impossible to achieve if Israel is not held accountable and faced with consequences for its actions in international courts. Peace cannot be reached as long as Palestinians continue to face disposition and displacement and live under constant control and occupation.
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Human Rights Violations
There are numerous documented human rights violations committed by Israel, among which are:
Unlawful attacks and killings. Israel is also accused of many unlawful attacks and killings of Palestinians, whether through storming Al-Aqsa to attacks on the Gaza Strip.
The Right to truth, justice, and reparations. The Israeli government continues to be noncooperative with investigations by the international courts.
Freedom of movement. There are over 170 permanent checkpoints and roadblocks within Palestine, impeding the Palestinians’ ability to travel freely throughout the country. Millions of Palestinians have been displaced since the start of the war, with the number continuing to grow with forced evictions and demolitions of homes and villages.
Freedom of association and expression. Many Palestinians are denied the right to express their views and protest their attackers freely.
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Gaza Strip
The Gaza Strip is known as the largest open-air prison in the world. Home to more than two million Palestinians, with the Gaza Strip being the Israeli authorities’ main point of attack and destruction. Israel completely controls the Gaza Strip by imposing an airtight blockade on land, sea, and air. Those who live in that region are rarely able to leave unless it’s an “exceptional humanitarian case, with an emphasis on urgent medical cases,”—which are rarely granted. Surrounding the Gaza Strip, Israel constructed an electric fence and a concrete wall to prevent entry and escape. In 2001, Israel boomed and demolished the only airport in the Gaza Strip, further isolating the region. Israel’s blockade and control of Gaza limit access to clean water, electricity, aid, and humanitarian and medical care. It is a modern-day prison camp that goes unnoticed in the mainstream media.
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What can you do
The Palestinian struggle is a humanitarian issue that requires a much deeper dive beyond the scope of this post. Unfortunately, it is often overlooked and constantly neglected in mainstream media. The most vital thing one can do is to educate themselves, advocate, and be aware of the struggles happening across the world. Speak to your Palestinian peers, read publications, and listen to the news.
**The content of the mentioned works below deals with racial, sexual, and gendered themes that may be difficult for some readers. Consider carefully before reading.**
Contested conversations and debates around literature, even books bans, are nothing new. Unfortunately, we find ourselves during a time when pushes for literary censuring are on the rise, with fervent calls to remove books with references to enslavement, sex, gender, or Queer people. In light of this, I wanted to present a list of only a few Black authors, some of which are women, Queer, or both, so that we can remember and learn from them, and never let anyone take their lessons from us.
W.E.B. DuBois
Figure 1: Source: Simon & Schuster; The cover of one of W.E.B. DuBois’ books, The Souls of Black Folk.Figure 2: Source: Yahoo Images; An image of the preeminent author, W.E.B. DuBois. Preeminent author W.E.B. DuBois.
A founding member of the NAACP, W.E.B. Dubois is one of the foremost Black scholars of his era. He was the first Black American to earn a Ph.D. from Harvard University and went on to challenge notions by abolitionist Frederick Douglas and contemporary intellectual Booker T. Washington in his numerous writings and actions. Instead of promoting the ideology that Black people should integrate into White society or compromise rights to make small gains, DuBois loudly proclaimed Black pride.
In his seminal work, The Souls of Black Folk (1903), Dubois coined the now-famous term “double consciousness.” He discussed the irreconcilable double existence Black people lived through in America as both American and Black. Since then, the term has become a theoretical framework for understanding the dynamics of unequal realities and structures.
He attended the founding convention for the United Nations in 1944 and was a leader in the Pan-Africanism movement, organizing a series of Pan-African Congress meetings throughout the world.
He passed away at the age of 95 on Aug. 27, 1963, after moving to Ghana and acquiring citizenship there.
James Baldwin
Figure 3: Source: Yahoo Images; An image of the author of several award-winning novels, James Baldwin. Figure 4: Source: Yahoo Images; The cover of James Baldwin’s first novel, Go Tell it on the Mountain.
Writing between 1953 and 2011, a mix of standalone novels, short stories, plays, poetry, and non-fiction books, James Baldwin is considered a quintessential American writer. As the grandson of an enslaved person, Baldwin’s work reconciled with the experience of being a Black man in White America. Born in 1924 in Harlem, New York, he was the oldest of nine kids and spent most of his time in libraries.
He spent three years in his stepfather’s profession as a preacher before moving to Greenwich Village and pursuing writing. Even though most of his work was embroiled in experiences of anger and disillusionment, Baldwin always advocated love and brotherhood.
After passing from stomach cancer at the age of 63 in 1987, Baldwin became known as one of the most vocal and prominent voices for equality. He is considered an essential, and enriching, part of the American literary canon.
Alice Walker
Figure 5: Source: Yahoo Images; The cover of one of Alice Walker’s novels, The Color Purple. Figure 6: Source: Flickr, Photo credit to Virginia DeBolt; An image of acclaimed author, Alice Walker.
Alice Walker was born in 1944 in Eaton, Georgia. Her parents were sharecroppers and after a childhood incident that left her blind in one eye, Walker’s mother considered her more suited for writing than chores. This talent landed her a scholarship to Spelman College, whereafter she transferred to Sarah Lawrence College and earned a BA in Literature.
After graduating, she moved to Mississippi to join the Civil Rights Movement and married Melvyn Rosenman Leventhal; becoming the first interracial marriage in the state.
Walker is hailed for her rediscovery of author Zora Neale Hurston and her foundational role for Black women authors.
She published her first book of poetry in 1968, Once, and her first novel in 1970, The Third Life of Grange Copeland. Her most acclaimed work came in 1982, The Color Purple, wherein she explores gender, sexuality, and race. She continues to publish to this day and is widely regarded for her insightful portrayal of Black American life and culture.
Toni Morrison
Figure 7: Source: Yahoo Images; An image of the author of several award-winning novels, Toni Morrison. Figure 8: Source: Yahoo Images; The cover of Toni Morrison’s first novel, Beloved.
Toni Morrison was born on February 18, 1931, in Lorain, Ohio. Though living in a semi-integrated area, Morrison experienced the cruel reality of racism. At two years old, their landlord set their apartment on fire with them inside when her family could not afford rent.
She turned her attention to reading and eventually attend the historically black institution, Howard College. There she was exposed to colorism and witnessed firsthand how racial hierarchies extended to skin pigmentation within the Black community.
Working within academia throughout the North and South, Morrison eventually settled in an editing career. Though she worked for publishing companies, she did not publish her first novel, The Bluest Eye (1970), until she was 39 years old. However, after (and like) this first work, each of her subsequent novels earned critical acclaim and several awards. In 1987, she released her most-known work, Beloved, which is based on the true story of an enslaved woman. The novel was on the Bestseller list for 25 weeks and won numerous awards, including the Pulitzer Prize for Fiction.
In 1993, Toni Morrison became the first Black woman to win the Nobel Prize in Literature and has also been awarded the National Book Foundation’s Medal of Distinguished Contribution to American Letters, National Book Critics Circle Award, and she was named a Living Legend by the Library of Congress.
As an internationally renowned author, Morrison has left a litany of insightful works from novels to plays and children’s stories. She passed away in 2019.
Ralph Ellison
Figure 9: Source: Yahoo Images; The cover of Ralph Ellison’s first novel, Invisible Man. Figure 10: Source: Yahoo Images; An image of the esteemed author, Ralph Ellison.
Ralph Ellison was born on March 1, 1914, in Oklahoma City, Oklahoma. He was the grandson of enslaved people. He only ever published one book during his lifetime, Invisible Man (1952), yet this book gained him national acclaim. After his death on April 16, 1994, his second novel, Juneteenth, was published in 1999.
Originally, Ellison had had dreams of becoming a professional musician and had enrolled at the Tuskegee Institute to do just that. However, after traveling to New York City during his senior year to earn funds for his final year, he met Richard Wright (author of the polemic novel Native Son). This, coupled with the onset of the Great Depression, prompted Ellison to embark on his writing career.
He wrote for the New York Federal Writer’s Program, an offshoot of the Works Progress Administration. After the outbreak of WWII, Ellison joined the U.S. Merchant Marine as a cook and began planning for what would become his infamous novel, Invisible Man.
When it debuted, it was on the Bestseller’s List for 16 weeks and won the National Book Award. Forty years later, the Nobel Peace Prize winner, Saul Bellow, stated, “This book holds its own among the best novels of the century.”
Zora Neale Hurston
Figure 11: Source: Yahoo Images, Available from the United States Library of Congress; An image of the author of several award-winning novels, Zora Neale Hurston. Figure 12: Source: Yahoo Images; The cover of Zora Neale Hurston’s acclaimed novel, Their Eyes Were Watching God.
Zora Neale Hurston was born on January 7, 1891, in Notasulga, Alabama, U.S. She is a world-renowned author and one of the first students of the father of anthropology (Franz Boas).
She was the daughter of enslaved parents. At a young age, her family relocated to Eatonville, Florida where her father became the town’s first mayor, in what was the first all-Black incorporated town in the state.
Hurston earned her Associate’s from Howard College before she won a scholarship to Barnard College and graduated with a Bachelor’s in Anthropology. As a student in New York City, she met fellow writers like Langston Hughes and Countee Cullen and joined what is remembered as the Harlem Renaissance 一 a black cultural movement of arts, music, and literature.
She began publishing short stories as early as 1920, though was largely ignored by white mainstream literary circles (though she gained a large Black readership). In 1935, she published her debut novel, Mules and Men, and between 1934 and 1939 wrote three more works. Her most acclaimed novel is Their Eyes Were Watching God (1937) which incorporated her research and literary talents to focus on the life of Janie Crawford, a Black woman whose journey of self-discovery and identity takes her to many places.
She is a pioneering figure of modern anthropology and traveled to Haiti and Jamaica to study African diasporas. Moreover, she chronicled many Black folktales and dialects which she subsequently incorporated into her own writings. While this drew criticism from some contemporary figures, her work celebrated Black language and culture unabashedly.
Zora Neale Hurston passed away on January 28, 1960, in Fort Pierce, Florida. Zora Neale Hurston was long an unsung literary figure but after her rediscovery by author Alice Walker, her works have once returned to print.
Regarded as one of the founders of Black writing, particularly for Black women authors, Alice Walker has said:
“Her work had a sense of Black people as complete, complex, undiminished human beings and that was crucial to me as a writer.”
bell hooks
Figure 13: Source: Yahoo Images; The cover of bell hook’s first novel, Ain’t I A Woman? Black Women and Feminism. Figure 14: Source: Flickr, Photo credit to Kevin Andre Elliot; An image of the acclaimed author, bell hooks.
bell hooks, a pseudonym of Gloria Jean Watkins, was born September 25, 1952, in Hopkinsville, Kentucky.
She grew up in a segregated community in the American South which eventually informed her writing. She published her first work, Ain’t I A Woman? Black Women and Feminism (1981), while still an undergraduate at Standford University.
Her pseudonym was fashioned after her great-grandmother’s name in order to honor female legacies and she chose all lowercase letters because she wanted people to focus on the content of her books over her.
hooks was a progressive thinker and scholar whose work engaged with the intricate relationships of race, class, and gender as situated in systems of structural oppression and violence. She educated people on intersectionality well before it became a common word now (essentially pioneering the ideology itself).
She passed away on December 15, 2021, in Berea, Kentucky. You can find a selection of her works here.
Angela Davis
Figure 15: Source: Yahoo Images; An image of the author of several provocative books, Angela Davis. Figure 16: Source: Yahoo Images; The cover of one of Angela Davis’ acclaimed books, Are Prisons Obsolete?
Angela Davis was born January 26, 1944, in Birmingham, Alabama in a neighborhood known as “Dynamite Hill” for the numerous bombings committed by the domestic terrorist group, Ku Klux Klan. She is a philosopher, activist, and former Black Panther and political prisoner who was wrongly accused of participating in the killing of a prison guard after becoming involved in the Soledad Brothers campaign. After that, Davis went into hiding and was placed on the FBI’s Ten Most Wanted Fugitive List, making her the third woman to ever be placed on the list.
An international movement to “Free Angela” led to songs from artists like Yoko Ono, John Lennon, and the Rolling Stones. On June 4th, 1972, she was found not guilty of all charges.
Angela Davis continues her legacy to this day, giving speeches and continuing to write new works that discuss intersectionality, racial disparities and structural violence, and abolition, among a few topics. Her latest book was published in 2022 with her partner, Gina Dent, alongside Erica R. Meiners and Beth E. Richie titled: Abolition. Feminism. Now.
Figure 17: Source: Yahoo Images; The cover of one of Maya Angelou’s works, I Know Why the Caged Bird Sings. Figure 18: Source: Yahoo Images; An image of the celebrated author and poet, Maya Angelou.
Maya Angelou was born on April 4, 1928, in St. Louis, Missouri. She writes across several mediums as a memoirist, poet, author, playwright, and essayist. Her work explores themes such as economic conditions, race, and sexual oppression. She is also renowned for her unique and visionary autobiographical writing styles.
Angelou did not live with her parents full-time during her childhood as a result of divorce and other factors. When she returned from her grandmother’s care to live with her mother at the age of seven, she was raped by her mother’s boyfriend. He was jailed, and upon his release, was killed. Believing that she had somehow had a part in the death of this man, Angelou became mute for the following 6 years of her life.
Angelou displayed her literary talents from a young age but did not become a professional writer until much later in life, around when she joined the Harlem Writer’s Guild in 1959. She was also a prominent activist in the Civil Rights Movement and served as the North Coordinator for the Southern Christian Leadership Conference.
In 1969, she wrote one of her most famous works, I Know Why the Caged Bird Sings, which was an autobiography of her early life, exploring her experiences with sexual abuse. Many schools sought to ban this book as a result of these depictions, but numerous sexual abuse survivors have credited her work as telling their stories.
While she has earned numerous awards, including three Grammy Awards, for her writing she was awarded the National Medal of Arts (2000) and the Presidential Medal of Freedom (2010).
Maya Angelou passed away on May 28, 2014, in Winston-Salem, North Carolina after a long and fruitful career. You can find a list of her complete works here.
James Cone
Figure 19: Source: Wikimedia Images; Dr. James Cone at the 174th Convocation of Union Theological Seminary in the City of New York. Figure 20: Source: Alex Yates; The cover of one of James Cone’s pioneering books, A Black Theology of Liberation.
James Cone is a highly influential figure who founded Black liberation theology, alongside, being an outspoken proponent of justice for the oppressed in society. He is known as one of the most widely regarded theologians in America, teaching at the Union Theological Seminary for 50 years and influencing generations of scholars. One such student is currently a senator for the state of Georgia, Rev. Raphael Warnock, who was elected in 2020 as the state’s first Black senator.
Born August 5, 1938, in Arkansas, he grew up during intense racial segregation during the 40s and 50s. Living under the threat of lynching revealed to Cone the immense spiritual and moral depth of Black people, especially as Cone’s own parents taught love over hate when confronted by racial injustice and threats. As a result of his personal experiences and figures such as Malcolm X and Martin Luther King Jr., Cone developed Black liberation theology to challenge the white hegemony of Christian teachings and understanding.
Black liberation theology is informed by six sources which can be summarized as the black experience (slavery, segregation, and lynchings), black culture and revelation, and tradition and scriptural interpretation. He is best known for his political and influential books, Black Theology and Black Power (1969), A Black Theology of Liberation (1970), and God of the Oppressed (1975).
He passed on April 28, 2018, at the age of 79. His latest memoir was written just prior to his passing and is titled: Said I Wasn’t Gonna Tell Nobody.
Octavia Butler
Figure 21: Source: Yahoo Images; An image of the acclaimed author, Octavia Butler
Octavia Butler was born in 1947 in Pasadena, California. She is an author of mostly science fiction novels in future settings, often incorporating unique powers. Her numerous works are known for their synthesis of science fiction, mysticism, mythology, and Black American spiritualism.
Not only was Butler the first Black woman to receive wide acclaim in this genre of fiction, but she was also the first science fiction writer to win the MacArthur “Genius” Award. She has also won several other awards including the Hugo, Nebula, and Locust awards.
In 1975, she published her first novel Patternmaster, which was quickly followed by Mind of My Mind and Survivor: This series is about humanity’s evolution into three separate genetic groups.
Her best-known work, Kindred, was published in 1975 and continues to be taught in high schools, universities, and community reading programs to this day. (There was even a recent television adaption on Hulu.)
Much like other Black women authors on this list, Butler’s work extends beyond race and explores the dynamics of sex and gender, challenging traditional gender roles in works like Bloodchild and Wild Seed. Octavia Butler passed away on February 24, 2006, in Seattle, Washington, but not before securing her legacy in her numerous works.
Conclusion
To learn more about book bans, read the article by Nikhita Mudium: “Book Bans in the United States: History Says it All.”
If you liked this book list, check out the list of contemporary Black authors here.
The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.
One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future.
Lemon v. Kurtzman (1971) | Introduction of the Lemon Test
(source: yahoo images)
Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.
What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:
The piece of legislation must have a secular purpose;
The piece of legislation must not advance or prohibit the practice of religion;
The piece of legislation must not force the government into “excessive entanglement” with religious affairs.
If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test.
Wallace v. Jaffree (1985) | Application of the Lemon Test
Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.
This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause.
Oregon v. Smith (1990) | Introduction of RFRA
(source: yahoo images)
This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3.
In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.”
However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional.
However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”
This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications.
Burwell v. Hobby Lobby (2014) | Application of RFRA
In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.
Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year.
Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes.
The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.
What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means.
Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test
(source: yahoo images)
The last case we shall discuss is one that has been all over the media recently:Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.
Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.
However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”
What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.
Summary
(source: yahoo images)
As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.
However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right.
China’s hardline policies in the Xinjiang region have caused a rift within the United Nations Human Rights Council (UNHRC) over the detention of more than one million Muslim Uyghurs in reeducation camps. These camps are aimed at dismantling indigenous cultures and religions for those detained. A human rights commission within the United Nations -responsible for promoting the protection of human rights throughout the world and addressing violations of human rights voted on June 10th of 2022 over a Western-backed proposal. This proposal was an opportunity to hold a debate, essentially without any monitoring of the rights situation, and it was the least intrusive measures the council could take. Member states such as the United States, the United Kingdom, and Germany proposed holding the debate. However, 19 members of the council voted against the motion, 17 members of the council voted in support, and 11 members abstained from voting. Agnes Callamard, secretary-general of Amnesty International states, “Today’s vote protects the perpetrators of human rights violations rather than the victims – a dismaying result that puts the UN’s main human rights body in the farcical position of ignoring the findings of the UN’s own human rights office.”
Source Yahoo Images
Council Facing Backlash
Days of diplomatic arm-twisting ensued in the UNHRC, and many national capitals in the weeks leading up to the vote as leading Western countries tried to get momentum behind a report from the former UN chief. The report, released on August 31st by the office of UN Human Rights, detailed serious human rights violations in Xinjiang that may amount to crimes against humanity. It documented a catalog of human rights violations including torture, sexual and gender-based violence, and mistreatment. According to the OHCHR report, the “extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups … may constitute … crimes against humanity.” Despite their findings, the council still voted against addressing the conditions of the Uyghur Muslims in Xinjiang.
Source Yahoo Images
Background
Under China’s “Strike Hard Campaign against Violent Terrorism, Chinese authorities have violated the rights of a million Uyghurs and other Turkic Muslims by arbitrary detention, harassment, and cultural persecution since 2017. Forced sterilization and forced separation of children are some of the harshest elements of the government’s oppression. Extremist, repressive laws are put in place to target these communities for nothing more than the personal choice of practicing Islam. The disproportionate and discriminatory application towards ethnic and religious minorities is concerning. Omer Kanat of the Uyghur Human Rights Project states, “The Chinese government’s singular goal has been to silence even a discussion of the issue — we cannot allow this to happen.”
Source Yahoo Images
China’s Response
Beijing, strategically employing its political and economic clout, sent a report from ambassadors in predominantly Muslim regions such as Africa, Middle East, Pakistan, and Saudi Arabia positively evaluating the human rights developments to the president of the. As China continues to influence the UNHRC, people will doubt if the council can remain impartial in its proceedings. By reaching this decision, the council has planted seeds of bias and crushed the Uyghurs’ hopes that the council will stand up to China to fight for justice. Many Muslim-majority states in support of the pro-Beijing statement have effectively turned their backs on the country’s oppression of the Uyghur Muslim population in Xinjiang. Before the vote, Chinese ambassador Chen Xu accused Western countries of seeking to turn a “blind eye” to their own issues on human rights and point a finger at others. No country has a perfect history of human rights; therefore, all countries are subject to scrutiny despite how much power they may wield.
China’s Economic Lure
The more pertinent question to be asked is, how vast is China’s economic pull that other countries factor into their decision-making? The United Nations Human Rights Council (UNHRC) consists of 47 countries and is regarded as the UN’s top human rights body. Annually, council members rotate among each other. However, a prominent country like China, with a permanent seat on the council, has never been the subject of a country-specific resolution from the council since it was established in 2006. It is a vicious cycle for other countries, including the largely Muslim-populated countries that voted against the debate, as their human rights record has been attacked frequently abroad; defending China becomes a way of defending themselves. Many Muslim-populated countries sided with Beijing due to their oppression by western imperialism. For example, various military interventions by the United States in these countries under the premise to widen their influence and democratic values has resulted in a distrust of the West. Nevertheless, this decision conveys a dreadful message: China is untouchable. This should not be the case. It is up to the citizens of these UN countries to hold these countries accountable for their actions. Human Rights violations continue to run rampant in the Xinjiang region, and despite the mounting evidence and international attention, China has failed to acknowledge or address these violations. Therefore, the duty falls to us to ensure the Uyghur Muslims are heard and their issues are addressed on a global stage. To help, contact these organizations:
Societal destabilization is a normal part of any dystopian novel. The government cannot come to a consensus, politicians treat countries as puppets, and somehow, an awkward yet powerful adolescent is thrust into the spotlight to save the world. It is slowly dawning on the world that this outlandish twist of fate is now a reality.
In January 2022, Karnataka, a state on India’s southwestern coastal border, banned hijabs in educational institutions. The epicenter of this issue is at the Government Pre-College University for Girls in the Udipi district of Karnataka, where Muslim students say that when they returned to school this past September, they were threatened to either remove the hijab or be marked absent. The girls were not allowed to attend classes or write their exams in their hijabs. This situation is not only a paramount issue and manifestation of India’s growing nationalist agenda, but also signals a threat to a fundamental right guaranteed in the Indian Constitution: religious freedom.
Muslim woman wearing a head covering Source: Unsplash
Politics
The Bhartiya Janata Party (BJP), the ruling political party of India, is infamous for its right-wing actions against minorities. The pride of the party, Prime Minister Narendra Modi, is a devout Hindu and believes that a superior India will only be restored to glory by becoming homogenous, a passion increasingly echoed across India. In recent years, minority alienation in terms of religion, caste, and gender has accelerated. Hindu activist groups in Karnataka believe the hijab ban is essential for social equality and for providing an unbiased classroom for every student to learn. Hindu student activists view the hijab as a symbol of the oppression of Muslim girls and wish to remove them for the sake of religious equality in education. They also compare the hijab to a saffron shawl Hindus often wear in religious ceremonies. It was implied that if hijabs are allowed, then every Hindu should be allowed to wear the saffron shawl to class as well.
History
Despite the social equity of this ban, the defense of upholding it is rather weak. This ban forces Muslim girls to choose between their religion, their bodily autonomy, or their education. Who can learn properly when they don’t feel comfortable in their own body? When the hijab is a part of your identity, not wearing it can be a source of ceaseless discomfort and alienation from your body and your perception of yourself.
17-year-old Aliya Assadi, a karate champion in the city of Udupi, summarized the necessity of the hijab in one statement. Much like other Muslim girls, Assadi derives confidence and is assured by wearing her hijab. Removing it is not an option for her because it is a lifestyle that she pays her respects to. Assadi does not feel oppressed in her hijab but being forced to remove it is embarrassing and humiliating.
Rows of seats in a university lecture hall Source: Unsplash
The National Congress Party, BJP’s competition, vehemently opposes the hijab ban and stated that it is a violation of religious freedom. The BJP’s response asserted that the hijab is not an essential manifestation or practice of Islam, and therefore, the ban is not a violation of the Constitution. The Quran, the primary religious text in Islam, states that “It is not that if the practice of wearing hijab is not adhered to, those not wearing hijab become the sinners, Islam loses its glory, and it ceases to be a religion.” Based on this one quote, the Karnataka High Court deemed the hijab not essential for religious practice, ruled that the ban was constitutional, and dismissed all petitions made by Muslim girls barred from attending class. However, the hijab has more meaning than a literal interpretation of the Koran. Each of the groups that practice Islam in India and across the world have different cultural values and exhibits diversity in their traditions. Similarly, the hijab has underlying traditional value for each person or group, and in some parts of the world, the hijab is a symbol of resistance.
Religious freedom, however, is just the tip of the iceberg. Banning hijabs imposes on equal access to education and women’s rights because, without comfort and peace of mind in oneself, students cannot learn to their optimal ability. Yet, this problem does not extend to male students. This is the reason for their apparent alienation from the education system, which should be teaching them how to be successful and advocate for their beliefs. The right to education without discrimination on religion or gender is a universal human right—a human right that is being violated.
Future Implications
As religious divides deepen between Muslims and Hindus in India, human rights defenders worry that other states will consider enacting a similar ban on hijabs now that the precedent has been set. This is a potential slippery slope that may alienate the Muslim population with additional restrictions and obligations narrowing their sense of self. Already, far-right Hindu groups have claimed that Gujarat, Prime Minister Modi’s home state, is in the process of creating a hijab ban and Uttar Pradesh is next. The majority of both states’ politicians identify as members of the BJP, as well.
The Muslim girls, however, are not close to surrendering in this fight. They plan to appeal to India’s Supreme Court for a final, unbiased verdict on the case. The young people of India, now the majority age group in the country, are attempting to take India’s future into their own hands. The ramifications of this case, if the Supreme Court were to hear it, will be momentous.
For years, a Hindu nationalist agenda has decreased the rights and autonomy of minorities of all classes. Often, these moves were underhanded and created through loopholes or loose interpretations of the law—just as the hijab ban was. Once the ban’s constitutionality reaches the Supreme Court, the whole country, including the federal administration, will be put on trial for their actions in the past and the future by India’s minority and majority populations.
Women in hijabs at a protest with signage “Hijab our Right” Source: Flickr
International Consequences
Unfortunately, islamophobia and minority discrimination are ideologies that have centuries of history behind them, and it will be challenging to fight this growing movement. When we think of history makers and game changers, it is often about one person with enough strength and bravery to face the world. However, lasting progress is sustained by consistent change and accountability. Anyone can fight and advocate against Islamophobia, and, eventually, a little effort from millions can be amassed into a movement capable of changing society from within.
Countless organizations, lawyers, and legislators are facing the brunt of standing their ground against harsher political movements, but the public perspective must change first. In India, is important to communicate the despicable nature of Islamophobia online. Residents can report to the police commissioner or the District Magistrate in-person, or they can tag national authorities on social media such as the Ministry of Home, international human rights groups, and UN agencies. Openly support your neighbors or community members and help them file FIRs against Islamophobia acts and follow directives from local anti-Islamophobic organizations. In America at least, people can support anti-Islamophobic legislation and communicate with their government representatives about their discontent and rage over the treatment of their Muslim counterparts. People can also support American Indivisible and Shoulder to Shoulder, organizations that work to dismantle structural islamophobia. Regardless of your location, demonstrating solidarity and opening honest conversations is an imperative initial step to combating Islamophobia.
The Hazara Muslims are a predominately Shi’a Muslim group that originate from Afghanistan. Hazaras are famous for their music, poetry, and proverbs from which their poetry stems, which have been passed down orally through generations. They speak a dialect of Dari (Farsi – Persian dialect) called Hazaragi.
The conflict of Sunni Muslims versus Shi’a Muslims derives from a varying interpretation of the Holy Qur’an and the distinct lineage both sects choose to recognize. Consequently, extremist groups in Pakistan have resorted to violence carried out by Pakistani governmental organizations who have feared Shi’a Islam becoming a major sect since the Iranian Revolution in 1979.
These targeted killings had continually existed, but they reached unprecedented levels in 2013 with approximately 700 Shi’a murdered, many of which were Hazaras in Baluchistan. Bombings in 2013 also claimed innumerous Hazara lives, and such violence eventually led to protests by the Hazaras, including refusing to bury the deceased bodies until the Pakistani government took some action.
Women protest the loss of innocent lives of Hazara Muslims. Source: Yahoo Images
What has been happening with the Hazaras recently?
Believing in a different interpretation of Islam and allowing more freedom to their women are two red flags to extremist groups such as the Islamic State (IS). The IS massacred. eleven Shi’a Hazara coal miners in Machh, Baluchistan, on January 2, 2021. The families of the deceased refused to bury the bodies and demanded a visit from Pakistan’s Prime Minister Imran Khan, along with immediate action against the perpetrators who claimed responsibility for the killing. On January 6, 2021, the Baluchistan Chief Minister, Jam Kamal, visited a protest camp and urged them to let go of their demand. He tried to reassure the protestors that his government is doing all they can to eradicate terrorism, but with little success. Considering the mass murder that has been occurring since 2013, the Hazara people have no reason to believe the Chief Minister of their state.
A father overcome with grief as he is told about his son’s death. Source: Yahoo Images.
What can be done?
For starters, the Pakistani government can acknowledge the persecution that Shi’a Hazara Muslims have been encountering for generations, and find a way to actually eradicate such acts of terrorism that are being justified by extremist groups with the overarching term, jihad.
To ensure progress is being made, the Foreign Minister of Pakistan, Shah Mehmood Qureshi, and the leader of the prominent Afghan Hezb-e Wahdat-e-Islami political party, Karim Khalili, met in Islamabad on January 12, 2021. They exchanged views on Pakistan-Afghanistan relations and progress in the Afghan peace process. The political figures also briefly recalled the visit of Pakistani Prime Minister Imran Khan in November 2020 to Kabul to hold talks with Afghani President Ashraf Ghani. During those talks, Afghanistan promised Pakistan it would do “everything, whatever is possible” to aid the peace process. But Pakistani officials like Qureshi believe that there are “spoilers” within and outside of Afghanistan who do not wish to see the return of peace in Afghanistan and other affected regions.
It is time for the international system to fulfil its role in protecting the global population. Years and years of persecution of a people who have done nothing to deserve such brutality needs to come to an end.
I was in 4th grade when I was asked if I was a terrorist. I was asked by a person who I thought was my friend. I was asked this horrible question because of the color of my skin. I was too young to realize I was being targeted along with another classmate of the Islam faith, and that my culture and Hindu background were gravely mistaken because of stereotypes and misinformation. While I have never been a victim of Islamophobia, that day I got a touch of what many Muslims face on an everyday basis. Some stories we hear, and some we don’t. Right now, cultural devastations and genocides are taking place in China due to widespread Islamophobia.
MODERN CONCENTRATION CAMPS
The Uyghurs are a Muslim minority in Xinjiang, China, which was once East Turkestan, but was annexed in 1949. Since 2017, more than 1 million of the 11 million Uyghurs have been places in 85 concentration camps, but China chooses to refer to these as re-education centers. Muslim anecdotes of life inside the camps consists of beatings, interrogations, and detainments for their religious beliefs and practices. Since the beginnings of these camps, the Xinjiang government has prohibited men from growing out the beards and women from wearing face coverings, while also destroying mosques, which are Muslim places of worship. Following United Nations probes, China claims that because the Uyghurs hold extremist views that are threatening to national security the concentration camps are justified.
Image shows a demonstration in Turkey in support of Uyhgur Turks in China. Source: Middleeastmonitor.com
ETHNIC CLEANSING OF UYGHURS
Some of the stories that have been gathered from the concentration camps include reports of forced sterilizations on Uyghur women, bans against fasting during the holy month of Ramadan, and attending mosques. While China claims to be a democratic nation, the continuation of Uyghur persecution indicates that religions in China must be of Chinese orientation and the people should assimilate into a socialist society regardless of their own personal beliefs.
Islamophobia and unfounded fear of Muslims, and people from the Middle East, is something that has plagued the modern world since the 2001 September 11th attacks. The attacks have heightened the tension and awareness against minorities as well has the Uyghur separatist movement. To some extent, it can be argued that around the time the United States began its War on Terror in the Middle East, China spontaneously changed its rhetoric to labeling Uyghurs as “terrorists” in light of these attacks. The Uyghur separatist movement has been fighting for independence and has been protesting since the rise of the Beijing communist rule, and during this movement many lives have been lost. The Chinese government claims that this movement and the protests have led to bombings and politically calculated assassinations that have killed 162 people. Due to the separatist movement and the lives lost, the Chinese government is placing Uyghur Muslims in concentration camps in hopes of “re-educating them,” when really their methods have been identified as causes of cultural genocide. Almost two dozen countries are in tandem with concerns raised by an independent United Nations Committee on Elimination of Racial Discrimination concerning credible reports of mass detention; efforts to restrict cultural and religious practices; mass surveillance disproportionately targeting ethnic Uyghurs; and other human rights violations and abuses.
An approximate number of suspected “re-education” centers in China located in the Xinjiang province. Source: Brewminate.com
Disney’s Mulan
While many nations and corporations have identified the Uyghur crisis and have taken actions to bring it to light, Disney, one of the biggest corporations who has repeatedly prided itself on diversity, inclusivity, and decency, has somehow overlooked the genocide that is happening in China right now. Nine minutes into the credits of the film Mulan, Disney thanked the publicity department of the CPC Xinjiang Uyghur autonomous region committee which is exactly where the Uyghur genocide is currently taking place and where Muslims are being blatantly persecuted. In addition to that, the film’s lead Lui Yifei tweeted in support of the Hong Kong police who has been using police brutality to suppress the pro-democracy protestors. An internationally recognized company recently opened the Shanghai Disneyland Park and did so seamlessly without any government problems or much restriction, so how did this big company overlook the whitewashing of the ongoing Uyghur genocide?
A peaceful procession of the IMN for the release of Zakzaky. Source: Yahoo Images.
In Nigeria, the Shia Islamic Movement of Nigeria (IMN) has been the victim of brutal police force at its ongoing peaceful protests that started in 2015. Recently, the religious group has been categorized as a terrorist group by the Nigerian government, which is an explicit violation of the Muslims’ human rights. On December 12, 2015, Sheikh Ibrahim el Zakzaky and his wife Zeenat, were arrested by the Nigerian Army and handed over to the Department of State services following a bloody clash between the soldiers lead by Lieutenant General Tukur Buratai and members of the IMN. The clash occurred in Zaria, Kaduna State, and since the arrest of the leader of the IMN, the followers of the movement have been protesting for the release of their leader. In light of the multiple protests, the Nigerian government issued a ban on the IMN on July 28, 2019, after a protest in the capital, Abuja. The ban was ordered by a Nigerian court which ruled the activities of the Shia IMN as “acts of terrorism and illegality.”
What is the Islamic Movement of Nigeria?
Introduced by Sheikh Zakzaky in the 1980s, the Islamic Movement of Nigeria (IMN) is a Shia minority sect with close ties to Iran. The sheikh visited Iran and was inspired by its revolutionary movement where the Iranian Pahlavi dynasty was replaced with an Islamic republic led by Ayatollah Ruhollah Khomeini. Zakzaky created his own sect in Nigeria known as the Islamic Movement of Nigeria and has approximately four million followers located in northern Nigeria. They are separate from Boko Haram, an group of Islamic Nigerians who use violent means to spread their influence, something that Zakzaky and IMN members profusely denounce. The Shia IMN, like Boko Haram, sees the secular state as evil and wants an Islamic state based on sharia, or Islamic law. Their movement calls for the rejection of the Nigerian Constitution and encourages a revolution that focuses on enlightenment.
IMN members at the Abuja protest. Source: Yahoo Images.
The Abuja Protest
On July 22, 2019, the Human Rights Watch reported that the Nigerian police fired unlawfully at a peaceful protest led by the IMN in Abuja, the capital of Nigeria. At around 12:30 p.m., thousands of protestors marched toward the Federal Government Secretariat to register their grievances, particularly regarding the ailing health of their leader, Sheikh Ibrahim el Zakzaky and his wife. Mohammad Ibrahim Gamawa, a member of the Resource Forum of the IMN group, reported that as the protestors approached the Ministry of Foreign Affairs, the Nigerian Police Force opened fire and threw teargas at them. Eleven protestors, Channels Television journalist, Precious Owolabi, and Deputy Commander of Police, Usman Umar died. The government of Nigeria claimed the IMN was responsible for the deaths of the journalist and police officer, hence the ban being issued six days later by a Nigerian court.
This protest was not the first one that resulted in deaths though. Nigerian authorities have used excessive force against the minority group since 2015. On December 12, 2015, the police used brutal force on the IMN’s street procession in Kaduna to allegedly clear the way for the army chief’s convoy, resulting in 347 members dead and several arrested, including the leader and his wife. Rather than holding the police accountable, the Kaduna State prosecutors brought charges against 177 IMN members for the death of Corporal Yakuku Dankaduna – the only military casualty at Kaduna. Several more examples like this exist, but the Shia Muslims have not ceased their nonviolent protests for the release of their leader.
The Ban
Justice Nkeonye Maha issued the ban order on July 26, 2019, declaring the activities of the Shia IMN as “acts of terrorism and illegality.” The order was declared after an ex parte hearing, the application for which was filed barely 72 hours after the Abuja protest by the Attorney General. The Islamic Movement of Nigeria was the sole respondent to the application, but it was not represented by a lawyer since this type of hearing is issued without the responding party being made aware of it. In her ruling, Justice Maha ordered the Attorney General of the Federation to publish the order in the official gazette and two national dailies.
How is this a human rights violation?
Anietie Ewang, the Nigerian researcher at the Humans Right Watch, says that the court ruling “threatens the basic human rights of all Nigerians,” and the government should “reverse the ban, which prohibits the religious group’s members from exercising their right to meet and carry out peaceful protest.” Both the Nigerian Constitution and international human rights law prescribe the rights to freedom, association, and expression, which the proscription violates. Under international law, no restrictions can be placed on these rights unless it is provided by law, serves a legitimate government purpose within a democratic society, and is necessary for attaining that purpose. Allegations of criminality do not present legitimate grounds to proscribe the activities of a religious group, according to Ewang. She also suggests that the ban may foreshadow a worse security force crackdown on the IMN, having dire human rights implications throughout Nigeria.
Not just men, but women also protesting the illegal detention of the leader. Source: Yahoo Images.
Why has the IMN been protesting since 2015?
The obvious reason is the arrest of Sheikh Zakzaky and his wife, Zeenat. Upon their arrest, the couple was handed to the Department of State Services (DSS), and they remained in DSS custody for over two years without charge. In April 2018, the Kaduna State Government filed eight counts against the leader and his wife. The charges include killing Corporal Yakuku Dankanuda who died during the December 2015 bloody clash at Zaria. The protestors have not only been vocal about the allegations but also the health of the sheikh and his wife since they also sustained injuries in the Zaria clash.
What has happened since with the case?
As of September 29, 2020, the Kaduna State High Court dismissed a no case submission application submitted by Zakzaky and his spouse. Justice Gideon Kurada said it was premature to rule on the application to quash the charges against the defendants. The case has been adjourned till November 18 and 19, 2020, where the prosecuting counsel will present evidence and continue the trial. The charges are eight counts including culpable homicide, unlawful assembly, and disruption of public peace.
The frustration of the Shia Islamic Movement of Nigeria is understandable. They are simply asking to practice their religion in a peaceful manner. The clash between Shia and Sunni Muslims is prevalent in other parts of the world as well, but Islam preaches brotherhood and unity. All Muslims are considered a part of the global Ummah, or community. The unjust bloodshed of these people will not resolve any problems, nor will it bring peace to the ongoing conflict in Nigeria. It is time for the human rights of the Shia Islamic Movement of Nigeria be restored and their leader be acquitted.
While the novel coronavirus (COVID-19) has impacted almost every corner of the globe, parts of Asia are still just beginning to see the systemic effects of the pandemic. As the second most populous country in the world, India has experienced a rise in COVID-19 cases and deaths which magnify current injustices across the country. This blog addresses India’s importance within the COVID-19 pandemic and its relationship with human rights issues concerning feeble governance, police brutality, migrant displacement, and Islamophobia.
As of late-July, over 1.4 million Indians have been diagnosed with COVID-19, while over 32,000 have died from the virus. India’s western state of Maharashtra is currently the country’s epicenter with over 375,000 confirmed cases of COVID-19. On the southern coastline, the state of Tamil Nadu has the country’s second-largest number of confirmed cases (210,000+), while the capital territory of Delhi in the northwest has recently exceeded 130,000 confirmed cases. Additionally, the southeastern state of Andhra Pradesh has confirmed over 95,000 cases of COVID-19. Interestingly, India’s most populous state, Uttar Pradesh, has only confirmed just over 65,000 cases which triggers questions about access to COVID-19 testing and essential resources throughout the country.
A National Lockdown
In late-March, the Indian government issued a nationwide lockdown that lasted two months. Inconveniently, the country’s 1.3 billion inhabitants were given less than a 4-hour notice of this initial 3-week lockdown. The effects of this tall order were apparent on day one since so many people throughout the country live on a daily wage or in extreme poverty. As food supply chains became compromised and manufacturing facilities closed, the country’s unemployment rate reached a 30-year low. All the while, facilities such as schools and train coaches have been converted into quarantine centers. These attempts have seemingly delayed the inevitable spike of COVID-19 cases. However, it is speculated that the low number of confirmed cases is the result of low testing rates.
This outcome has been attributed to lax contact tracing, stringent bureaucracy, and inadequate health service coordination, namely in Delhi where cases have recently surged. However, as India reopens, the number of confirmed COVID-19 cases has increased. Additionally, the introduction of newly-approved antigen kits have allowed for rapid diagnostic testing, although testing is not to be distributed proportionately. More specifically, family members and neighbors of people who have tested positive for COVID-19 claim they are not being tested. Also, in several instances, the family members of people who have tested positive for COVID-19 were not being informed about their loved one’s diagnosis. After much scrutiny, however, local health authorities in Delhi have attempted to pick up the pieces by using surveillance measures such as door-to-door screenings, drones, and police enforcement.
These recent events fuel an existing fire that posits Muslims as reproducing at a pace to outnumber Hindus and compromising “Mother India”. However, recent efforts between Muslim Indians and allies has been quick to respond to this COVID-19 misinformation because they have been protesting India’s new citizenship law that offers amnesty to various non-Muslim immigrants and a nationwide citizen count that necessitates proof of documentation dating several years back. The BJP has made it apparent that Muslims are not welcome in India and weaponized the COVID-19 pandemic as a part of its Islamophobic campaign. As such, these efforts corner Muslim Indians into political and economic insecurities that pressure apartheid at a time when unity is paramount.
As displayed, India has an array of prevalent human rights issues that have compounded since the arrival of COVID-19. Among the efforts that could protect Indians from these concerns are labor protections, health care reform, civil rights for minority groups, food security, and income equality. However, Prime Minister Narendra Modi has propagated a narrative of self-reliance that undermines these systemic inequalities. Service provision has highlighted these discrepancies because resources are scarce, and those with power and privilege are placed to the front of the line. In addition, many Indians cannot abide to the recommended sanitation and social distancing measures due to living in poor, dense settlements in the heap summer when water sources are limited.
Although tearing through communities and disrupting daily life in India, the COVID-19 pandemic can be viewed as an opportunity for social change. More specifically, it is well within the power of Parliament, the media, civil society, and local governments to right these wrongs by ending communal bias and impartiality within state institutions. Addressing these corrupt and oppressive practices will not only remediate the effects of COVID-19 but help shape an equitable future for a country that is rapidly becoming a global super power and expected to be the most populous country in the world by 2027. Real change and equity in the world’s largest democracy could send a much-needed shockwave of justice across the globe.
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