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Next Target in the French Headgear Debate: The Bandana

by Elaine Sciolino ("NY Times," January 20, 2004)

And now for the bandana ban.

The proposed French law prohibiting the wearing of
religious symbols in public schools was initially
interpreted to include Islamic headscarves, Jewish
yarmulkes and large Christian crosses. Those were the
three items singled out last month in a speech by
President Jacques Chirac and in a report by a blue-
ribbon commission on religion and the state.

Then the issue of the turban worn by Sikhs was raised,
as France's tiny Sikh community protested that its
boys would quit school before removing their turbans.

Today, Luc Ferry, the Minister of National Education,
went further. He told the National Assembly's legal
affairs committee that any girl's bandana that is
considered a religious sign (as opposed to a fashion
statement, presumably) will also be banned.

During the two-hour debate on the proposed ban,
lawmakers wanted to know why the draft law was worded
to ban "ostensibly" religious symbols and not
everything that is "visible."

Mr. Ferry explained that the wording afforded the
state the ability to broadly interpret what
constitutes a religious symbol and prevent the
possible subversion of the law. That's where the
bandana came in.

"If we had chosen the word `visible,' we could have
seen the appearance of other signs,' " Mr. Ferry said.

For that reason, he explained, "The bandana, if it is
presented by young girls as a religious sign, will be
forbidden."

He also contended that hairstyles or the wearing of
certain colors could be a source of
manipulation. "Signs could be invented using simple
hairiness or a color," he said. "Creativity is
infinite in this regard."

In his testimony, Xavier Darcos, the deputy minister,
agreed. "It's a question of our will to produce a
clear, useful and general text that avoids diverse
precedents and individual improvisation," he said. "It
was quite necessary to act and not to restrain
religious freedom."

Last April, Mr. Ferry, a philosopher and political
scientist by education, came out publicly against
proposals emanating from the parliament, to pass a law
banning religious symbols in schools, saying it could
be judged unconstitutional.

Today, he called the Muslim veil "a militant sign that
calls for militant counter-signs."

By contrast, the turban of the Sikhs, if it were to
remain "discreet" would be allowed, he said.

Neither man gave a definition of what constitutes a
religious bandana, how teachers would decide what was
an "ostensible" sign of religion or how the new law
would be implemented.

Asked to define a bandana, an official assigned to
deal with press inquiries in the ministry,
said: "There is no definition. It will be left to the
discretion of the heads of schools."

The Larousse dictionary defines a bandana as "a small
cotton square of lively colors, usually worn as a
scarf."

Asked about the bandana, Catherine Colonna, Mr.
Chirac's spokesman, said, "The future law must not
allow people to bypass it the way certain individuals
and groups already seem certain to do." She stressed
that dialogue between school administrators and
students would be required before punitive steps are
taken.

Indeed, in an interview in today's issue of the
popular tabloid Le Parisien, Mohamed Bechary,
president of the National Federation of Muslims of
France, a large Muslim organization, asked, "{Who will
define what is ostensible and what is not?" He said he
recommended "the discreet wearing of the scarf be it a
bandana, a cap or a hat."

Other leaders of local Muslim communities in France
have also advised female students to find ways around
the ban by wearing a head covering that could be
interpreted as a fashion statement rather than a
symbol of Islam.

Despite the existence for a national curriculum for
all French public schools, there is no national dress
code. It is left up to the discretion of each school
to decide whether to allow such displays as body
piercing, baseball caps, visible thongs or spaghetti
straps, for example.

As for religious symbols, since 1992 the wearing of
head scarves has been allowed only if it is
not "aggressive or proselytizing." But individual
school directors decide.

In its current draft form, the law states that in
public schools, "Signs and dress that ostensibly show
the religious affiliation of students are forbidden."

Underscoring the difficulty France has in explaining
the importance of upholding the ideal of the
republican secular state, even Pope John Paul II has
jumped into the fray. He told Vatican diplomats last
week that religious freedom in Europe was endangered
be people seeking to ban religion from the public
sphere. He did not specifically mention France.

In a statement in Wednesday's Le Monde published on
Tuesday, Bernard Stasi, who led the French commission
proposing the legal ban, dared to criticize the
Pope. "I regret that the sovereign pontiff is
misinformed," Mr. Stasi said. He added that instead of
giving arguments to "fundamentalists of all colors by
evoking the threat of a campaign against religious
freedom," the Catholic Church should help Islam in a
brotherly way to find its place in secular France.`

As fashion, bandanas in France have tended to follow
the American lead. Traditionally red and white or blue
and white print and a symbol of the American West,
they became an accessory among rap musicians and in
inner city street culture some years ago.

Although some ready-to-wear designers have used
bandanas in their shows over the years, such common
street fashion has not been on display in the current
haute couture shows in Paris. The long-haired fashion
designer John Galliano, however, wears a signature
bandana tied pirate-style at the back of his neck.


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