United Sikhs win Turban case against France at the UN-The UN Human Rights Committee (UNHRC) has concluded that France had violated the religious freedom of 76 year old Ranjit Singh when he was asked to remove his turban for his ID photograph. This was disclosed on Thursday at a media conference, in Bobigny (near Paris), by the UNITED SIKHS legal team, who had filed a communication on behalf of Ranjit Singh to the UNHRC in December 2008.
The media conference was told that the UNHRC observed that "even if
the obligation to remove the turban for the identity photograph might
be described as a one-time requirement, it would potentially interfere
with the author's (Ranjit Singh's) freedom of religion on a continuing
basis because he would always appear without his religious head covering
in the identity photograph and could therefore be compelled to remove
his turban during identity checks."
The
Committee said that France had failed to explain how the Sikh turban
hindered identification since the wearer's face would be visible and he
would be wearing the turban it at all times, therefore, the regulation
constituted a violation of article 18 of the International Covenant on
Civil and Political Rights (ICCPR), which was entered into force for
France on 4 February 1981.
"I had faith that
truth and justice would prevail and I patiently waited for this day. I
pray that France will now fulfil its obligation and grant me a residence
card bearing my photo without baring my head," said Ranjit Singh, who
despite his ill-health has had no access to the public health-care
system or to social benefits since 2005 because his residence card was
refused due to his refusal to remove his turban.
"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," said Mejindarpal Kaur, UNITED SIKHS Legal Director, who
addressed the media conference.
"We
now look to France to fulfil its treaty obligations under International
law and its moral duty to ensure that the freedom of religion and
belief is upheld for everyone who lives within its territory," she
added."We are very pleased with the views that the Committee adopted and
we welcome France's compliance with these findings. We also look
forward to a similar resolution for Shingara Singh, whose case is still
pending before the Committee," O'Melveny & Myers, a New York law
firm engaged by UNITED SIKHS, said in a statement through their
attorneys who spoke during a telephone interview. A decision is still
awaited for Shingara Singh, whose passport has not been renewed by
France because he refused to remove his turban for his ID photograph.
Meanwhile
Parneet Kaur, Indian minister of state for external affairs said,’’I am
very happy with the UN's decision and congratulate the UNITED SIKHS
team for making everyone realise what the turban means to Sikhs, their
identity and pride. I am very pleased that the UN has recognised the
fundamental right of a Sikh to practice his/her faith by wearing a
turban. We respect France's sovereign right to frame laws. I will ensure
that the Indian Government continues, at the highest level, to raise
this issue with France. This UN decision will certainly help us advance
our case with France."
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