Last week, French President Emmanuel Macron announced a law—which will be formally presented in December—to tackle the increasing influence of foreign powers on Islam in France. Urging the French communities to unite against “Islamic separatism”, he said that his proposal would save a religion that he believes is in the midst of a worldwide crisis. The law aims to regulate Islamic institutions in order to reduce intolerance and prevent radicalism amongst a few members from tainting the entire community. Following the speech, several criticisms emerged about the overtly anti-Muslim tone of his announcement. Further, even those who came out in support of the proposal criticised it for not doing enough to address the growing “migrant problem”. However, Macron’s announcement did achieve what it sought to—garner support from the right while continuing to walk the tightrope of centrality by veiling attempts to target the Muslim community behind legal justifications.
Macron’s centrist stand has faced resistance ever since his ascent to power in 2017. The Yellow Vest movement and protests on labour issues, housing issues, unemployment, and racial inequality are just a few examples of the growing discontent with the current government. Hence, with the presidential elections approaching in 2022 and both Macron and Marine le Pen—his far-right opponent—currently polling at 25%, it is clear that the ruling La République en Marche party must find new ways to garner public support.
While both the far-right and the far-left have come out criticising the incumbent government and its policies, Macron is evidently prioritising the demands of the right, who often criticise him for being too “soft” on immigrants and criminals. The proposed law will not only set the theme for the 2022 election but will also pander to the interests of his far-right critics.
Macron’s newly unveiled law comes against the backdrop of the commencement of the trial for the 2015 Charlie Hebdo incident and the recent attack by a Pakistani migrant outside the publication’s office. This has created an outrage amongst the public and paved the way for Macron to ride the wave of populist sentiment to justify his divisive plan.
The proposal, apart from being controversial, is also questionable in terms of its adherence to the European Union’s (EU) human rights principles, such as the idea of “equality before the law,” which does not allow the state to discriminate on the basis of religion or beliefs. Macron has specifically targeted extremism and radicalism in Islam, ignoring growing intolerance amongst other communities; his speech made no reference to the surge in incidents of violence caused by expanding White supremacist movements. For example, a member of Le Pen’s party recently attempted to set a mosque ablaze; however, this and countless other such incidents have received little to no attention, further cementing the false portrayal of Muslims as uniquely and disproportionately responsible for criminal acts and crystallizing negative public perceptions of Muslim communities. In fact, according to the French Interior Ministry’s own statistics, in 2019, incidents of Islamophobia were up by around 54%. However, this was not acknowledged in the President’s proposal to curb radicalism and separatism in the country, indicating how the concerns of France’s 5.7 million Muslims have taken a back seat to a rising crescendo of right-wing populism.
His plan also suggests granting officials with “extra-legal powers” to regulate the practice of the religion to prevent radicalism and extremism, which prospectively allows for the further stigmatisation of Muslims through the creation of a “surveillance state” that specifically targets the community. Similar restrictions and surveillance are not targeted towards other religious communities in France, rendering Macron’s choice to single out Muslims and Islam incompatible with the country’s principles of equality that are enshrined in both domestic French laws and the European Charter of fundamental rights.
Another European ideal that Macron’s plan is in glaring contravention of is the principle of laïcité, or secularism. According to the French model of secularism, there is a clear divide between the Church and the State. This means that the government or its delegated authorities cannot regulate religions and religious practices. However, at the heart of Macron’s proposal are calls to increase the government’s influence over Islamic institutions by training Imams, regulate funding for mosques, and standardise home-schooling to prevent the establishment of Islamic schools. This is an outright attempt to interfere and meddle in religious affairs of French nationals and is in violation of the long-lasting notion of secularism in France.
Nevertheless, despite going against fundamental principles that the EU stands on, the proposal is unlikely to be criticised by European courts, given that they have notoriously interpreted principles of equality and sovereignty differently for Muslims than for other religious communities. For example, in a case brought against Italy, the European Court of Human Rights (ECHR) upheld the right to display crucifixes in public schools. Yet, the same court denied the right to display “religious symbols” in public spaces in a case brought against France regarding the Islamic face veil.
While the ECHR had previously upheld the right of Muslim women to wear the hijab on the grounds of European plurality, the decision in the veil ban case was differentiated on a small technicality—that the veil in question covered the face. This seemingly arbitrary distinction was grounded in extremely concerning beliefs that can now be used to justify proposals like Macron’s. The court held that amidst rising incidents of Islamophobia and the “othering” of the Muslim community, the French authorities’ ban on the veil has the “legitimate aim” of assimilation and integration. Consequently, the idea of “living together,” which the court used to justify its judgement, can now be used to rationalise violating principles of both equality and secularism.
Admittedly, much of the world’s Muslim population lives in conflict-struck regions, and rising Islamophobia in the countries they emigrate to is becoming a more pressing concern. However, Macron’s proposal has little to do with providing safe passage to these immigrants and protecting them from religious intolerance. At best, it is an incorrect and ignorant perception of the problems faced by the Muslim community, and at worst, it represents a surrender to right-wing populism. It would be one thing to speak of social integration through economic, political and financial upliftment, but to directly and explicitly link Islam to increasing incidents of terrorism and violence merely worsens the already crumbling social structure. In his ambitious attempt to sway public sentiment in his favour through increased surveillance of Muslims, he is in fact subjecting these people to yet another layer of victimisation.
Macron’s Plan to Combat “Islamic Separatism” Fails All But Himself
Macron’s divisive plan could secure his victory in the 2022 election, and also pass the test of legality. However, it comes at cost of the Muslim community, who the President claims he is saving.
October 15, 2020
SOURCE: THE NATIONAL