Background to the issue

Religious discrimination is closely related to racism, but there are differences in how it is expressed, the degree to which it is accepted as the status quo, and how it is treated in law.

Research indicates that religion is decreasing in importance among the white population, but is central to the self-definition of Muslims, Christians, Hindus and Sikhs who have migrated to Scotland, from South Asian countries in particular. To support the rights of ethnic minorities we need to take religion into account. People of many faiths experience discrimination, but Islamophobia, anti-Semitism and sectarianism are causing particular concern in modern Scotland.

Islamophobia

Fear and dread of Islam has been increasing, particularly since September 11^th.  

The Runnymede Trust in 1997 identified ‘closed’ and ‘open’ views of Islam. Closed views see Islam as static and unchanging, without values in common with other cultures; as primitive, sexist, aggressive, and threatening. Criticisms made by Islam of ‘the West’ are rejected out of hand. Closed views of Islam see hostility towards Muslims as ‘normal’ and are used to justify discrimination. Central to closed views, or ‘Islamophobia’, and propagated by the Western media, is the assumption that all Muslims support all actions taken in the name of Islam. Terrorists are coined ‘Islamic Fundamentalists’ although they are contravening Islamic law and Scots Muslim suffer from being associated with terrorists and murderers.

Open views see Islam as a diverse and progressive faith with internal differences, debate and development. As sharing values with other faiths and cultures and as distinctively different but equally worthy of respect. Criticisms of the West are considered and differences and disagreements do not diminish efforts to combat discrimination. Care is taken that critical views of Islam are not unfair and inaccurate.

Anti-Semitism

Over the centuries Jews have been hated for being rich or for being poor; because they were capitalists and because they were communists. Two thirds of European Jews were killed during 19^th century pogroms and the holocaust.

This prejudice against people who subscribe to Judaism is a religious hatred. However, despite being an ethnically diverse community, Jews have been persecuted for their parentage – ie as a race - and they are given protection under the Race Relations Act.

The recent increase in anti-Semitism is a global phenomenon conveyed by Internet, e-mail, television and video. Jews and their synagogues have been subject to increasing attack in many European countries including England. September 11th gave rise to the circulation of various anti-Semitic stories on the internet, and the National Front and British National Party have increased their base south of the Border. They have been unable to establish themselves in Scotland as yet, but we need to be fully aware that anti-Semitism is likely to be on the increase in Scotland as it is elsewhere.

Sectarianism

Sectarianism - discrimination on perceived religious affiliation – usually refers in Scotland to tensions between Protestant and Catholic communities and is increasingly acknowledged as a complex and deep-rooted problem across the country. Sectarianism is tangled up in and often dismissed as football rivalry, but runs deeper and is widespread. Voluntary organisations coming together to acknowledge sectarianism have said that many problems in the communities they work with are rooted in sectarianism and territorialism.

Sectarian tensions are heightened every summer by the Orange Lodge marches in Northern Ireland and Scotland and by the football season. Cross channel exchanges of Northern Irish and Scottish marchers and ‘Old Firm’ supporters add fuel to the flames.

The issue is a hard one for people to open up about, partly due to sectarian connections with criminality. People feel threatened by a perception of menace below the surface. There have been more sectarian murders than race related murders in Scotland over the past decade and the voluntary sector and others are coming to the conclusion that we can no longer overlook this issue, or accept it as the status quo.  

The Relevant Legislation

The Race Relations Act 1976 and Race Relations Amendment Act 2000 cover race discrimination but not religious discrimination. Case law has established that those of the Jewish and Sikh faiths can be regarded as racial groups. This does not apply to all faiths and there is particular concern in the Muslim community that they bear the brunt of much racist behaviour but could fall through the gap.

Criminal Law as it stands does not recognise incitement of religious hatred as a criminal offence as it does incitement of racial hatred. Part 5 of the Anti-terrorism Act extends the racially aggravated offences contained in the Crime and Disorder Act 1998 to include religiously aggravated offences, but in England and Wales only. 

The Scotland Act 1998 – The power to legislate on equal opportunities is reserved to the UK Parliament. But the encouragement of equal opportunities; the observance of equal opportunities requirements and the imposition of duties on Scottish public authorities are devolved to Scotland. The Scotland Act includes ‘beliefs or opinions such as religious beliefs or political opinions" in its consideration of equal opportunities.

The European Framework Directive covers religious discrimination in terms of employment practices, but not in the delivery of goods and services. This component of the Framework will need to be implemented in the UK by November this year. 

The Human Rights Act 1998 makes it unlawful for public authorities to contravene the European Convention on Human Rights, eg ‘freedom of thought, conscience and religion’.

The Act of Settlement, prevents the monarchy from marrying a Catholic and states that the monarch must be in communion with the Church of England. (So those of other faiths -eg Muslims, Jews, Hindus etc are also unable to succeed to the throne).  

What the Other Bodies Are Doing

Scottish Executive and Scottish Parliament Donald Gorrie’s proposed member’s Bill to address sectarianism was withdrawn. It was hoped that the issue would be covered in the Criminal Justice Bill, currently in process, but this has not been the case. The Scottish Executive has recently funded a development officer’s post employed by the Scottish Interfaith Council. The First Minister meets with the Scottish Interfaith Council on an annual basis.

Local Government have the opportunity to include religious discrimination in their mainstreaming work. Glasgow City Council has launched the Forum of Faith, which aims to foster greater respect and understanding of the diverse faith groups in the City.

Football Clubs The Old Firm football clubs – Rangers and Celtic, historically drenched in sectarian meaning, are starting to try to address the sectarian behaviour in their supporters – eg by banning the club’s promotion of inflammatory sectarian songs. The number of sectarian murders and attacks connected with football rivalry has given much cause for concern.  

What Voluntary Organisations Can Do

In the Community We need to be aware of the particular issues in our communities and avoid misinterpretations in the way we work. We need to be, and to be seen to be, open to groups and individuals from all communities, and to be sensitive about the language and colours we use (eg orange and green have strong sectarian associations). Good practice in promoting cross-cultural understanding has included Mosque open days and combined Catholic-Protestant youth football teams.  In addition to specific initiatives, we can challenge discriminatory practices and sectarian attitudes we come across in the communities we work with.

In the Organisation We need to look at our own practices in terms of religious discrimination to:

• ensure that religion is included in our equal opportunities policies and statements and that these are published and implemented
• seek to raise awareness and eliminate discriminatory and sectarian attitudes among membership, staff and committees
• ensure that staff have the opportunity to follow religious festivals (eg through flexible holiday arrangements), and that religious needs are accommodated (eg that staff are allowed to carry out prayer duties, and that any uniforms allow long sleeves and head cover or turbans).  
  

Key Questions

Will working against religious discrimination stifle debate and freedom of speech? Constructive criticism and debate in an appropriate setting does not amount to religious discrimination and can increase cross-cultural understanding. Differences can be explored and debated respectfully if we avoid the ‘closed’ views so often propagated by the media that feed prejudice and discrimination, and if we accept everyone’s right to their own faith and their own views.

 How does religious discrimination and sex discrimination legislation interact? The sex discrimination Act 1975 contains an exemption for religious bodies so that they can confine employment to one sex to comply with religious doctrines or to avoid offending the religious susceptibilities of followers.

Should we be protecting from discrimination those who do not adhere to a faith? In international discourse on Human Rights, ‘belief’ is used in a wider sense than discrimination and covers the beliefs of atheists, humanists, agnostics etc. The Scotland Act refers to beliefs and opinions including religious beliefs and political opinions. In Northern Ireland employment legislation refers to the absence of or supposed absence of religious beliefs in their definition of religion. Freedom from religion is considered as important as freedom of religion.  

Resources

Inter Faith Network for the UK
5-7 Tavistock Place
London WC1H 9SN
Has a comprehensive directory of the UK's faith community organisations and places of worship.

Scottish Interfaith Council
2 Castle Street
Glasgow
G4 ORH
Tel 0141 339 8174
Has a membership of faith groups across Scotland 

Scottish Human Rights Centre
Ionad Choirichean Dhaonna na h-Alba
146 Holland Street,
Glasgow,
G2 4NG

Forum Against Islamophobia and Racism
16 Peninsular Court,
121 East Ferry Road,
London E14 3LH 

Scottish Council for Jewish Communities
Jewish Community Centre
222 Fenwick Road
Giffnock
Glasgow G46 6UE.

Nil By Mouth 
PO Box 16753
Glasgow
G12 OWJ
Campaigning organisation working to challenge sectarianism.

Sense over Sectarianism 
Gives grants to individuals and community groups setting up projects that challenge sectarianism and bigotry. Tel Alison Logan 0141-287-8301.