The divide over the new legislation

A woman holding a placard that reads "Enough of Islamophobia" during a protest against the Bill in Paris on Sunday. The legislation aims to tighten rules on issues like religious-based education.
A woman holding a placard that reads "Enough of Islamophobia" during a protest against the Bill in Paris on Sunday. The legislation aims to tighten rules on issues like religious-based education. PHOTO: AGENCE FRANCE-PRESSE

Q Why a new law now?

A French President Emmanuel Macron laid the groundwork with a much-anticipated speech on Oct 2 last year about what he called the "fight against separatism".

Mr Macron denounced a trend of "Islamist separatism" that sought to create a "counter-society" rejecting the country's strict form of secularism, equality between the sexes and other parts of French law.

He was accused by critics of pandering to the far-right ahead of the 2022 presidential elections and one line in particular - "Islam is a religion that is in crisis all over the world" - drew fierce criticism overseas.

The discussion severely intensified two weeks later, when schoolteacher Samuel Paty was beheaded in the street by a radicalised teen of Chechen origin after showing his class cartoons lampooning Prophet Muhammad.

For supporters of the new law, Mr Paty's killing underlined the need for firmer action. But critics saw the legislation as further stigmatising millions of French Muslims and pushing them to cling more closely to their religious or community identities.

Q What will the legislation do?

A The most significant Articles attempt to crack down on speech and actions by religious figures or organisations which are seen as subverting core values of the French republic.

"The republic does not have sufficient means to act against those who want to destabilise it," read the preamble to the law.

The text would significantly expand the state's powers to close religious organisations and places of worship if they are found to air "theories or ideas" that "provoke hate or violence towards a person or people".

It will also require all associations to commit in writing to uphold "republican values" if they accept state subsidies.

In order to crack down on religious funding from countries such as Turkey, Qatar or Saudi Arabia, the law will require associations to declare donations of more than €10,000 (S$16,000), and have their accounts certified.

A new crime of "separatism" - described as threatening a public servant in order to gain "a total or partial exemption or different application of the rules" - would be punishable by up to five years in prison.

Q What restrictions are envisaged?

A One Article was inspired by Mr Paty, who was the subject of an online hate campaign started by a parent of a student at his school.

The new crime, punishable by up to three years in prison and a fine of €45,000, would make it an offence to expose personal information about someone, knowing that doing so would put them in danger.

It also makes it illegal for doctors to examine girls to establish if they are virgins, an unscientific practice sometimes demanded by families before religious marriages, the government said.

The draft law will also tighten controls on home schooling and will extend the state's powers to close private religious schools.

Q What is not in the law?

A Although the introductory text refers to the threat of Islamism, the Articles of the law are phrased to cover all confessional organisations and do not explicitly target Muslims or Islamic bodies.

France's Constitution prohibits discrimination on the basis of religion, which means the legislation must be written in a way that it applies to all.

The right-wing Republican Party and far-right National Rally both pushed during the drafting process for wider restrictions on the wearing of the Muslim headscarf in public, which they view as a manifestation of Islamism.

French law already bans the wearing of "ostentatious religious symbols" in schools, while full-face coverings such as the niqab and burqa are also forbidden in public.

The government rejected calls to ban the headscarf in universities or in the street, but the law will expand the demand for "religious neutrality", which already applies to public sector workers.

People working for private companies that provide public services - airport staff or certain types of transport workers, for example - will not be allowed to wear religious clothing.

AGENCE FRANCE-PRESSE

Join ST's Telegram channel and get the latest breaking news delivered to you.

A version of this article appeared in the print edition of The Straits Times on February 18, 2021, with the headline The divide over the new legislation. Subscribe