MRG welcomes UN decision on France’s violation of Sikh’s religious freedom
19 January 2012
Minority Rights Group International (MRG) applauds the recent decision of the United Nations Human Rights Committee (UNHRC), which states that France violated the religious freedom of 76 year old Ranjit Singh, a member of the Sikh community, when he was asked to remove his turban for an identity photograph for his residency permit.
French law states that identity photographs for residence permits showing people full-faced and bareheaded, are needed by the authorities in order to ensure public safety and maintain law and order.
‘This is a welcome decision, which makes it clear that where states interfere with peoples’ human rights, in this case the right to religious freedom, they cannot expect simply to invoke “public safety” to justify such actions, but must show concretely why their measures are necessary to ensure that safety,’ says Carla Clarke, MRG’s Head of Law.
‘The Committee’s decision is also to be applauded in setting out clear steps that the French government now needs to take in order to abide by the Committee’s decision. MRG calls upon the French state to comply without further delay,’ added Clarke.
Ranjit Singh is an Indian national of Sikh origin who has had refugee status in France since 1992. In 2002, Mr Singh submitted an application to renew his residence permit and provided photographs showing him wearing a turban, as he had done when filing his previous application.
Singh was later informed by the authorities that he had failed to meet the requirements of the law applying to foreign nationals’ admission to and residence in France.
Singh appealed the decision on numerous occasions, explaining that wearing a turban is a religious obligation and an integral part of Sikhism, his religion. His appeals to be exempted were subsequently rejected by the French authorities.
MRG and UNITED SIKHS , an international advocacy organisation, provided expert advice in support of a communication filed to the UNHRC in December 2008 on behalf of Ranjit Singh.
'UNITED SIKHS is heartened by the Committee's observations that France is under an obligation to provide Ranjit Singh with an effective remedy, including a reconsideration of his application for a renewal of his residence permit and a review of the relevant legislative framework and its application in practice. France, the Committee noted, is also under an obligation to take steps to prevent similar violations in the future,' says Mejindarpal Kaur, Legal Director of UNITED SIKHS.
A number of countries have adapted their legislation in recognition of the importance attached by Sikhs to wearing a turban. These countries include Canada, Germany, the United Kingdom and the United States of America. The United Nations also allows Sikhs to wear a turban rather than a helmet during peacekeeping missions.