British judge rules against Muslim girl, 12, over veil in school

A girl aged 12 yesterday lost her fight to be allowed to wear a full-face veil in class when a High Court judge backed her school's decision to ban it. The Muslim girl's lawyers had argued that the school's actions were irrational and infringed her human rights, after it had allowed her older sisters to wear the niqab for nine years. But Mr Justice Silber ruled that the Buckinghamshire school's veil ban was "proportionate" for security reasons, that it upheld uniform policy, prevented others coming under pressure to wear it and because the veil stopped teachers from relating well to pupils.

Lawyers for the family said that were bitterly disappointed and were considering appealing against the judgment. Of the 120 Muslim girls in the 1,300plus pupil school, about half wear a headscarf, or hijab, but none wears a niqab.

During the case, the judge was told that the three older sisters had all played an active part in the school and that staff had never objected to their niqabs. All had achieved high A-level results, which showed that the veil had not impaired their learning, her lawyers argued. One was now in medical research, the second was training to be a doctor and the third was at university. As a result, they said, the ban on the youngest girl was irrational, thwarted her "legitimate expectation" to be allowed to wear it and breached her right to freedom of "thought, conscience and religion" under Article 9 of the European Convention on Human Rights.

The 12-year-old girl, known as claimant X for legal reasons, joined the grammar school in September 2005. She chose not to wear the veil in her first year, but last year, after reaching puberty, decided to wear it. The headmistress objected and she was removed. Although she is receiving tuition at home and was offered a place at a different, mixed grammar school that permits the niqab, she wishes to go back to her old school. But Mr Justice Silber, who stressed that he was dealing solely with the facts of one case and was not seeking to resolve the wider issue of wearing the niqab in schools, rejected her plea.

In a summary of the judgment, he said her human rights had not been breached because she had been offered another place at a similar school, where she could wear the niqab. Equally the school was within its rights to ban the veil for security reasons, the importance it attached to a uniform and the need not to put others under pressure into wearing it. "I took into account the margin of discretion allowed to the school and held that the decision of the school was proportionate," he wrote. He said that not only had no other girl tried to wear the niqab under the current headmistress, but that a long time had passed since the girl's sisters had left the school. "The evidence shows that there was now a greater concern for security and that the experience of the staff at the school is that they were impeded in teaching the sisters of the claimant because they wore the niqab," he added. The judge urged the girl to accept the offer of a place at a nearby grammar school, rather than continuing to miss out on a large part of her education.

The girl's headmistress said that she hoped her pupil would return, even though she was not allowed to wear the veil. "We want to focus now on supporting our student," she said. "We hope that she will return to school and resume her education as part of our community."

Andrew Adonis, the Schools Minister, welcomed the judgment, which came as the Government dismissed calls for schools to do more to accommodate Muslim pupils who want to wear a headscarf or grow a beard. The Muslim Council of Britain also accused state schools of failing to respect the wishes of Muslim children when organising sex education, changing rooms and religious assemblies.

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'Genocide denial laws will shut down debate'

She's one of the best-known warriors against Holocaust denial. Yet Deborah Lipstadt thinks EU plans to ban 'genocide denial' are a disaster.

‘For European politicians, bringing in a ban on genocide denial is like apple pie. It’s what I call a freebie. They’re doing it to make themselves feel good. I mean, who could possibly be against standing up to nasty genocide deniers? Only when you get to the heart of it, this “freebie”, this populist move, could have a dire impact on academic debate. Even on truth itself.’

Deborah Lipstadt, Dorot Professor of Modern Jewish and Holocaust Studies at Emory University in Atlanta, may be one of the best-known warriors against Holocaust denial. But she has no time for the proposals currently doing the rounds of the European Union which suggest making it a crime to deny the Holocaust, other genocides and crimes against humanity in general.

Last week it was revealed that Germany, current holder of the EU’s rotating presidency, is proposing a Europe-wide ban on Holocaust denial and other forms of genocide denial. This would make a crime of ‘publicly condoning, denying or grossly trivialising…crimes of genocide, crimes against humanity and war crimes [as defined in the Statute of the International Criminal Court].’ (1) In some European countries – most notably Germany and Austria, which formed the heart of the Third Reich – it is already against the law to deny or minimise the Nazis’ exterminatory campaign against the Jews in the Second World War. This new legislation might also make it a crime, punishable by fines or imprisonment, to raise awkward questions about the official history of conflicts that took place over the past 20 years.

‘This is so over the top’, says Lipstadt, in between sips of decaf coffee in the plush surroundings of the Athenaeum Hotel in Piccadilly, London. Her earthy New York accent sounds almost out of place in a building where even the doorman comes across as posh. ‘The question of genocide, the history of genocide and what you can say about it, should not be decided by politicians and judges’, she insists.

Lipstadt certainly can’t be accused of being soft on deniers. Her book Denying the Holocaust: The Growing Assault on Truth and Memory, published in 1994, meticulously exposed the lies and the underlying racist agenda of those who deny the truth of the Nazi Holocaust. Famously (or infamously) she was subsequently sued by the British historian David Irving, whom she had named in the book as a Holocaust denier. In January 2000, the 32-day trial, a showdown between an American-Jewish historian and a far-right British historian, became a legal debate about the history of the Nazis, and the nature of truth itself. Irving lost rather spectacularly. The judge branded him an anti-Semite, a racist and a Holocaust denier who had ‘deliberately misrepresented and manipulated historical evidence’. Lipstadt recounts the experience in History on Trial: My Day in Court with David Irving.

Yet this ridiculer of deniers is no fan of the idea that Holocaust denial or genocide denial should be outlawed. The current EU proposal to criminalise denial of contemporary genocides and war crimes is an affront to serious historical debate, she says.

Consider Srebrenica, the massacre that took place at the end of the Bosnian civil war in 1995 in which it is estimated that 8,000 Bosnian Muslims were killed. ‘Some people argue that, given there are only so many tens of thousands of people in Srebrenica and the Serb soldiers went after an X number of a specific group, then it is genocide. But someone else might say it’s a massacre of the X population, not a genocide – because if you’re going to use that word then you have to go back to what the Nazis did to the Jews or what was done to the Armenians [by the Turks in the First World War]’, says Lipstadt. ‘That is an entirely legitimate debate to have about Srebrenica. Are we now saying that the person who says it’s not a genocide will be fined and punished?’

Lipstadt is also worried about the way in which debate about the Armenian experience might be closed down. During the First World War, as Ottoman Turkish forces fought against the Russians, some of the Armenian minority in Eastern Anatolia sided with Russia. Turkey responded by rounding up and killing hundreds of Armenian community leaders in April 1915, and then forcibly deporting the two million-strong Armenian community in marches towards Syria and Mesopotamia (now Iraq). Hundreds of thousands died as a result. At the end of last year, to the fury of Turkey, France made it a crime to deny that the Armenian tragedy was a genocide, and now Germany seems to hope that the rest of Europe will follow suit by accepting its proposals to outlaw denial of all genocides.

‘This is another body-blow to academic debate’, says Lipstdadt. ‘I know serious historians who do not deny for a minute what happened to the Armenians, who do not deny the severity or the barbarity of what happened to them. But they question, they ask intellectually, “Was this a genocide, or was it a horrendous massacre?” They don’t ask that question on ideological grounds; they don’t have a shred of allegiance to Turkey. They ask it intellectually, because they want to get to the truth.’

‘I happen to think they’re wrong’, she says. She believes the Armenians did suffer a genocide. ‘But you can, indeed you must, have a vigorous academic debate about historical events. And in the course of that vigorous academic debate you probably would illuminate weaknesses in both sides of the argument, and hopefully sharpen the arguments as a result. That is what academic debate is about. This kind of legislation could put a kabash on that.’

Last year, in its reporting of the French decision to outlaw denial of the Armenian genocide, the BBC was forced to explain why it put the word ‘genocide’ in inverted commas. ‘Whether or not the deaths of hundreds of thousands of Armenians during the First World War amounted to genocide is a matter for heated debate’, it said (2). Yet if the proposed legislation is passed in the EU, then such things will no longer be a matter for heated debate; they will become legally-defined truths that you deny or question at your peril. Maybe even the BBC will find itself in the dock for putting ‘Armenian genocide’ in inverted commas.

It strikes me that as well as stifling open academic debate the proposed legislation could criminalise political protest. Very often these days, Western powers justify wars of intervention abroad in the language of combating genocide. Bill Clinton and Tony Blair described their bombing crusade over Kosovo in 1999 as an effort to stop Slobodan Milosevic’s ‘genocide’ against the Kosovo Albanians. In truth, the final number of civilians killed in Kosovo – including both Kosovo Albanians by Milosevic’s cronies and Serbs in NATO air strikes – was fewer than 3,000. The Nazis were capable of killing 12,000 a day in Auschwitz alone. As Nazi camp survivor Elie Wiesel said, taking umbrage at the use of Holocaust-talk to justify the Kosovo campaign, ‘The Holocaust was conceived to annihilate the last Jew on the planet. Does anyone believe that Milosevic and his accomplices seriously planned to exterminate all the Bosnians, all the Albanians, all the Muslims in the world?’ (3) If EU officials, in their infinite wisdom, decide that a conflict such as Kosovo is genocide, and therefore the bombers must be sent in, will protesters who question that line be criminalised under the new legislation?

Lipstadt finds today’s over-use of the genocide and Holocaust tags, to describe conflicts or political repression, disturbing and distasteful. She seems still to be reeling from an article she read in The Times on Saturday, the day before we met. Under the headline ‘We are vilified like Jews by the Nazis, says Muslim leader’, the paper reported that Birmingham’s most senior Muslim leader had compared contemporary political Britain to Nazi Germany.

‘That is ludicrous. It is stupid and ridiculous’, she says. ‘Is there fear of Muslims today? No doubt. Do some politicians play on that? Of course. But to compare Muslims in Britain to Jews in Nazi Germany…that shows an utter lack of historical understanding, not to mention sensitivity. Here, the police go out of their way to explain to Muslims what is going on. In Nazi Germany if a Jew spoke to a policeman he got hit. It was a whole government dedicated to being against you, to eliminating you. So that is a disgusting kind of analogy. It is wicked, and cleverly wicked. Sometimes it is done in a calculating fashion to further your aims by playing that victim card.’

To the ‘befuddlement’ of some of her colleagues, Lipstadt is also opposed to laws outlawing actual Nazi Holocaust denial. Such laws already exist in Germany, Austria, Belgium, France, the Czech Republic, Lithuania, Poland, Romania and Slovakia, and under Germany’s proposals these will be extended to the rest of the EU and will also cover genocide and war crimes denial. She points out that there is a huge difference between those historians who legitimately debate something like the Armenian experience, and the charlatans who distort the truth in order to show that the Holocaust didn’t happen and ‘the Jews’ are all liars. Where ‘genocide denial’ laws might frustrate serious academic debate, Holocaust denial laws are only aimed at punishing weird and malicious pseudo-historians. Yet she is against the censorship of these charlatans, too.

‘I’m opposed to Holocaust denial laws for three reasons’, she says. ‘First because I believe in free speech. Governments should make no laws limiting free speech, because it is never good when that happens. Second, because these laws turn Holocaust deniers into martyrs. Look what happened to David Irving when he was released from jail in Austria – he became a media darling, given room to spout his misinformation. We should ignore them rather than chasing them down.

‘And thirdly, and most importantly, such laws suggest that we don’t have the history, the documentation, the evidence to make the case for the Holocaust having happened. They suggest we don’t trust the truth. But we do have the evidence, and we should keep on developing it and deepening it, and we should trust it.’

Ironically, given her outspoken opposition to laws against Holocaust and genocide denial, many point to Lipstadt’s legal victory over David Irving as evidence for why the courtroom is a good place to resolve historical issues and punish those who lie about or deny historic tragedies. ‘I wish they wouldn’t do that’, she says. She points out that her case was not about ruthlessly pursuing Irving in order to prove the truth about the Holocaust. ‘He came after me! He sued me! I didn’t want it. I tried to stop it. Our whole legal strategy was premised on trying to make this guy go away. Only when it was very close to the case, when I saw the wealth of evidence that showed how he had lied and distorted the facts, was I glad it had come to court. Aside from that, I can think of no other instance where history has benefited from courtroom adjudication.’

‘Politicians should not be doing history’, she says. ‘They have a hard enough time doing politics right and doing legislation right. Let them not muck up history, too.’

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Australia to get tough on requiring immigrants to learn English

Mutual obligation is to become the Howard Government's new mantra on immigration, with migrants expected to learn English after they arrive in Australia. Parliamentary Secretary for Immigration Teresa Gambaro will use a speech tonight to unveil a major shift in the Government's approach to migrants, saying that Australia always helps those in need but expects "those receiving assistance to contribute in return".

"The principle of the 'fair go' is a uniquely Australian value. A 'fair go', however, expects fair effort," Ms Gambaro will tell a symposium run by the Islamic Council of Victoria and the federal Government. "The Government will continue to support all migrants by ensuring they have access to education, employment and involvement with mainstream community activities. "In return, the Government expects migrants to make the effort to learn the language and the culture."

It is unclear at this stage how the Government plans to enforce the program. The shift to mutual obligation will bring settlement services in line with the Government's approach to social security over the past decade, where responsibilities are imposed on welfare recipients. It follows moves by the Howard Government to emphasise integration over diversity as part of a broader shift away from multiculturalism.

Ms Gambaro says there are already many common values between Muslim and non-Muslim Australians and that "there is no incompatibility between a commitment to Islam and being Australian". "For Australia's Muslims, there is no conflict between veils and Vegemite," she says. Mutual obligation would also help Australia's non-Muslim population better understand Islam, the Queensland MP says.

The speech by Ms Gambaro is her first in the new portfolio and maps out a significant new direction for settlement services. Ms Gambaro says the term multiculturalism has become "redundant". She says: "Multiculturalism, as a term, can be interpreted in any number of ways ... in my view, its very imprecision is a critical weakness. "It doesn't tell us what we share in common, it doesn't tell us who we are, it doesn't tell us what our values are."

Ms Gambaro says that while individual backgrounds should be celebrated, "we cannot afford to be confined by them". "Australia cannot be a nation of islands within an island," she says. "Instead we should celebrate our cultural diversity and commitment to shared Australian values and a great method of doing this is by ensuring we can all speak to one another - in English."

Ms Gambaro, whose Italian parents came to Australia with scant English skills, says she can empathise with migrants. "Learning English can be difficult - I know this from personal experience - but it is not an insurmountable hurdle, nor is it an unreasonable expectation. This is because English language ability is a passport to participation, a passport to prosperity."

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