Two German firms were fine to ban Muslim women from wearing headscarves, the EU court has said, in a ruling which alarmed rights groups.
“A prohibition on wearing any visible form of expression of political, philosophical, or religious beliefs in the workplace may be justified by the employer’s need to present a neutral image towards customers or to prevent social disputes,” the court said in a ruling on Thursday (15 July).
A “neutral image” was a “legitimate aim”, it noted, even if it caused “particular inconvenience for such workers”, the tribunal said.
It was even more legitimate if “in the absence of such a policy of neutrality, [a company’s] freedom to conduct a business would be undermined,” it noted.
But company policy must be applied “without distinction” to one faith or another and “treat all workers of the undertaking in the same way”, the EU court said.
The fact one of the German firms also “required an employee wearing a religious [Christian] cross to remove that sign” was a good indication, it noted.
And companies should beware of introducing special criteria, such as banning only “wearing [of] conspicuous, large-sized signs” of belief, as that could create discrimination because some faiths were “inextricably” associated with larger symbols than others, the court said.
The case arose when German courts queried EU law after two German firms disciplined Muslim members of staff for insisting on wearing their headscarves.
WABE, which runs daycare centres in the city of Hamburg, officially warned and temporarily suspended a woman named as IX from her duties.
Müller Handels, a pharmacy chain in Nuremberg, first transferred to another post then sent home a woman named as MJ.
Thursday’s EU verdict came on top of a similar one in 2017, when G4S, a British security firm, fired a Muslim woman in Belgium named as Achbita for also insisting on wearing her veil.
And the EU court rulings had “far-reaching implications” for other women like them in Europe because they opened the door to Islamophobia “masquerading as neutrality”, the Open Society Justice Initiative, an international NGO, warned.
“Laws, policies, and practices prohibiting religious dress are targeted manifestations of Islamophobia that seek to exclude Muslim women from public life or render them invisible,” the NGO’s Maryam H’madoun said.
“Discrimination masquerading as ‘neutrality’ is the veil that actually needs to be lifted,” she added.
“A rule that expects every person to have the same outward appearance is not neutral. It deliberately discriminates against people because they are visibly religious,” H’madoun also said.
The German courts are free to apply Thursday’s EU ruling as they see fit in the specific cases of IX and MJ.
Meanwhile, several EU states, including Austria, Belgium, Bulgaria, Denmark, France, Germany, Latvia, and Luxembourg, have put in place restrictions of one form or another on Islamic veils in public life.
The laws were mostly enacted in the past 10 to 15 years, among a rise in right-wing sentiment in Europe.
And ‘burqa bans’ have become rallying cries for far-right parties, such as the Rassemblement national in France and the PVV party of Dutch racist Geert Wilders.
‘Cramped and unsafe’ Glasgow housing unit forced to suspend mother and baby services | Immigration and asylum
A housing unit has been forced to close its services to mothers and babies after a damning report found that the “cramped and unsafe” accommodation breached their human rights.
In its report, the Children and Young People’s Commissioner Scotland said the unit, which housed asylum-seeking mothers and their children, had radiators and gas cookers dangerously close to babies’ cots, a lack of natural light and little ventilation, and no space for babies to crawl, play or walk.
Each of the 38 rooms measures approximately 5 metres by 3 metres (16ft x 10ft) and contains a single bed, cot, kitchenette and shower.
The unit, run by a Home Office subcontractor, Mears Group, was opened in January 2021 to house mothers and babies while Covid-19 restrictions were in place. Women were moved out of flats in the city centre and accommodated in the unit on the periphery of Glasgow’s Southside.
The accommodation was described as “prison-like” by the charity Amma Birth Companions, which repeatedly called for its closure. Mears said the last mother and baby had now left the unit and the Scottish Children’s Commissioner confirmed that the women had been relocated to more appropriate accommodation.
The removal of mothers and babies from the site comes after criticism of accommodation provided for asylum seekers in Glasgow when a knife attack at a hotel in the centre of the city in 2020 left six people wounded and the attacker shot dead by police. Campaigners from a Glasgow group, Refugees For Justice, said the attack was a “direct result of the dysfunctional UK asylum support and accommodation system” and that there was an accommodation crisis in the city.
Ai* arrived at the unit in the autumn of 2021, when she was three months pregnant. She lived there for seven months, and, following the birth of her daughter in March this year, she was moved out.
“When I first arrived, I thought I was only going to stay for a few hours, but then they gave me a key for the room,” she said through an interpreter. “When I opened the door, I was really scared. The room was so small, with no privacy and you [could] hear all the babies crying all around.
“Then there were mice in the room. I told my midwife, who complained to the staff at the unit, but they did nothing. They just told me to cover up the food.”
Ai, who was in a safe house for trafficked women until she arrived at the unit, says that she was asked to sign a tenancy contract, which stipulated that nobody could stay over to support her with her baby, and imposed a 10pm curfew.
“Every mum has to manage by themselves,” she said. “There were so many loud noises, and fire alarms going off in the day and at night, which scared my baby. Sometimes we had to take our babies outside at night, when the alarm went off.”
The unit housed 38 women, and Ai says there were only six washing machines, all far away from the rooms.
“I had to wash my clothes and my baby’s clothes in the sink sometimes, pouring dirty water in where I washed plates and prepared food,” she said.
She added that the window in her room would get stuck, with a barrier in front of it, leaving the room poorly ventilated and cold.
Mears said it was aware of a pest-control issue and had put measures in place at the unit, adding that furniture had been arranged so that cots were not set up close to kitchen equipment.
In a statement, Mears added: “The mother and baby unit was purpose-designed with the advice of the local authority and NHS at a time when we had a significant number of mothers and babies to support and did not have suitable accommodation.
“Our aim was to provide a good standard of accommodation and enhanced wraparound support for mothers and their children. As accommodation needs have changed, we now operate the unit as initial accommodation for single females who are newly arrived into Glasgow.”
Maree Aldam, of Amma Birth Companions, welcomed the news that the last family had now left the unit. She said: “Although we welcome the progress made to relocate mothers with babies into more suitable accommodation, we remain concerned about the long-term effects of this experience on the affected mothers and their babies.
“We continue to call on the Scottish government to put in place minimum housing standards that will protect every child in the asylum process from ever enduring such living conditions again.”
* Name has been changed to protect her identity
The headline and text of this article were amended on 19 May 2022. The housing unit is not closing down, as an earlier version said; it remains open for mothers and children, but no longer offers services to mothers and babies.
African heritage: Argentina conducts census of its Afro community for the first time | International
Nélida Wisneke is Afro-Argentine. This teacher and writer recounts that her ancestors were slaves who fled from Brazil in the 19th century. At 55 years old, for the first time she will see her ethnic identity recognized in the new national census: Argentina is asking all the country’s inhabitants if they are descendants of Africans or indigenous people, one of the main novelties of the census and much celebrated by the entire Afro-Argentine community.
“The state is beginning to repay the historical debt it owes us. For the community it is extremely important, because based on these data it will be possible to develop public policies to get out of invisibility and be able to access basic rights,” adds Wisneke, author of the novel No te olvides de los que nos quedamos (or Do Not Forget About Those of Us Who Remain).
“I think this is a historic moment for the Afro-Argentine community because this census represents the fruit of many years of struggle. Beyond the statistical data on economic and sociodemographic conditions, which are important to advance towards a more inclusive society, it is also very important that it makes the community visible. It changes the Eurocentric and colonial paradigm with which our society was conceived,” says musician Emanuel Ntaka, today in charge of the Afro Program of the Argentine Ministry of Culture.
In the previous census, carried out in 2010, there was a question about Afro-Argentine identity as a sample in some of the forms, but not in all. Now, it is one of the 61 questions included in the survey that will be carried out throughout the country. The 2010 census recorded that nearly 150,000 people perceived themselves as Afro-descendants, 10 times less than the estimate made by community leaders.
In the 12 years that have passed since then, Ntaka explains, Afro-descendant organizations have worked to try to reverse decades of policies of invisibility and social homogenization. Still, there is a possibility that the number is lower than the real number because there are people of African descent who choose not to perceive themselves as such.
Prejudices are installed from childhood, even at school. “In school events, the representation of the Afro-Argentine is picturesque. They are the empanada sellers, the porridge sellers, the laundresses… that is the place that we Afro-descendants occupy in the construction of this country. But in reality, the African influence is everywhere, from the war of independence to culture, with the influence in music, in cuisine, in language,” Ntaka points out.
In an official video released this past week for the census, prominent Afro-Argentine figures appear proudly talking about their ancestors. “I am Miriam Victoria Gómes, I was born in the province of Buenos Aires, and I belong to the Cape Verdean community of Dock Sud,” says one of the people featured in the video. Ntaka details that he is the son of a teacher from the Argentine province of Santiago del Estero and a South African singer and activist father. “Collecting data on our living conditions is going to be a necessary instrument for public policy,” says actress Silvia Balbuena, a descendant of slaves who arrived in Argentina in the 15th century.
One of the community’s goals is to combat structural racism in Argentine society. Wisneke experienced it first hand: she is the only one of 10 siblings who has completed her studies. Born into a peasant family in Misiones, in the extreme northeast of Argentina, this teacher says that her ancestors were slaves. “They came from Brazil and settled in Misiones. They were part of the quilombos [settlements], of which nobody talks here,” she points out as an example of the visibility of this community in a country that is proud of its European roots but not of others. “Very recently, in the city of Córdoba, a plaque was inaugurated in commemoration of the first sale of slaves, in 1588. The African presence in Argentina is very old,” Wisneke underlines.
🇦🇷 Hoy conmemoramos el Día Nacional de las/los afroargentinas y afroargentinos y de la cultura Afro.
“Afrofragmentos” es un proyecto audiovisual sobre la contribución de las/los afroargentinas y afroargentinos a nuestra historia y nuestra cultura.
— Cultura Nación (@CulturaNacionAR) November 8, 2020
Ntaka was 23 years old when a group of skinheads attacked him at a bus stop in 2001. “You fucking Black, go back to your country,” he heard them scream before they began to beat him until he was unconscious. To which country did they want him to return if Argentina was the country in which he was born? With that question in mind, the attack became the starting point of his activism promoting the rights of the Afro-Argentine community. The census will offer a first x-ray of who they are and how they are faring.
‘Huge spike’ in global conflict caused record number of displacements in 2021 | Global development
Conflict and violence forced people from their homes a record number of times last year, a report has found, with sub-Saharan Africa bearing the brunt of mass internal displacement caused by “huge spikes” in fighting.
People fleeing violence were internally displaced 14.4m times in 2021, an increase of 4.6m on 2020, according to figures published by the Norwegian Refugee Council’s Internal Displacement Monitoring Centre (IDMC).
Most of those displacements – 11.6m, or 80% of the total – took place in sub-Saharan African countries, with the war in northern Ethiopia dwarfing other conflicts in terms of the number of times people were forced from their homes.
Alexandra Bilak, IDMC director, said the geographic concentration of the conflict-related displacement across sub-Saharan Africa, from the Sahel to east Africa, was a huge concern. “These are, of course, countries that have experienced long histories of conflict, but what these numbers show is that the conflicts are far from having been resolved,” she said.
“So on top of protracted crises, you get new waves of violence every year. In Ethiopia and Burkina Faso, we’re talking huge spikes of new violence that have led to incredibly large numbers being displaced and, at least for now, very little prospect for returns.”
New flare-ups of violence often collided with climate pressures such as drought or flooding, and resulting food insecurity, making it even harder for countries to give internally displaced people (IDPs) the help they needed, she said.
“There’s absolutely no window during which some kind of stabilisation could happen, and some degree of return or sustainable local integration. These constant shocks to the system mean that the numbers keep increasing.”
According to the report, there were 59.1 million IDPs globally in 2021, a cumulative figure, which has grown steadily since the IDMC began documenting in 2003. Every year more displacement is caused by natural disasters than conflict, but last year the number of forced movements due to disasters such as such as storms, floods and volcanic eruptions – 23.7 million – was down considerably on 2020.
The number of times people were forced from their homes by violence was of particular concern to the IDMC. As the report deals with 2021, the figures do not include the huge humanitarian fallout from the Russian invasion of Ukraine, where more than 7 million people are thought to be internally displaced.
The only place to rival that scale of displacement was Ethiopia, where conflict – chiefly war between government forces and Tigrayan rebels in the north of the country – triggered 5.1m internal displacements. Until the invasion of Ukraine, that was the highest annual figure ever recorded for a single country.
The Democratic Republic of the Congo (DRC), which saw 2.7m displacements due to conflict, and Afghanistan, where the Taliban toppled Ashraf Ghani’s government, also registered all-time highs. The volatile situation in Myanmar, where the military staged a bloody coup, helped triple the overall figure for east Asia compared with the previous year.
With more than half the global IDP population under 25, and about 25 million under 18, the IDMC called for more targeted interventions to protect children and young people from the particular dangers they face. “The financial difficulties IDPs tend to face may force children to engage in dangerous income-generating activities, including crime, transactional sex or joining armed groups,” the report notes. “Strengthening child protection systems that consider these risks is essential.”
Displaced girls and boys, it adds, confront different risks, with girls at greater risk of sexual violence and child marriage, and boys of recruitment by fighters.
Bilak hoped the report would raise awareness of the worsening plight of IDPs, which historically had received “much less attention” from governments and policymakers than that of refugees or migrants. “This is, first and foremost, a call for acknowledgment of the scale … and the urgency of the issue,” she said.
Faced with the stark increase in conflict-related displacement, she added, the IDMC urged greater investment in peace-building, “and in preventing those conflicts from happening in the first place”.
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