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Religion: Another basis for racial profiling By Patricia M. Muhammad Maryland Attorney Patricia M. Muhammad says that discrimination in American society takes many forms, of which some may be less obvious than others. “Such acts include but are not limited to, denial of housing, denial of employment, and excessive intimidation while shopping or traveling. Muslim Black Americans have also suffered harassment by self-professed Christians who proselytize on government property as their forum, in contravention of federal law” she writes in pending research article The Duality of Race and Religion in Racial Profiling Post 9/11. About the racial profiling of Black American Muslims she pointed out that at this point it is difficult to ascertain the number and frequency of racial profiling incidents against Muslim Black Americans because no federal agency or religious organization has conducted a comprehensive study that specifically addresses discrimination against Muslim Black Americans. Exposing the main stream media in fomenting hatred against the American Muslim community, Patricia Muhammad says that media’s depiction of Muslim Americans is two-fold. “Primarily, the media’s negative attachment of the religion of Islam to terrorists, as if one causes the other, or both possess the same intrinsic meaning. For example, when referring to the Muslim American convert who trained in Afghanistan, his name was stated, and then the fact that he converted to Islam was inserted. Oft-times, when referring to those who have engaged in unlawful or conspiratorial activities, the religious title “Muslim” is placed before the individual’s name or position.” Thus, the media constantly engages in this type of profiling; nourishing the fear of ignorant Americans, while coercing Muslim Americans to be on the defensive, Patricia emphasized and added that in years past, the media was not so generous in religiously stereotyping those found guilty of terrorism. One example is the 1995 Oklahoma City - the media, in reporting the Oklahoma City terrorist act; did not and continues to not insert the religious title “Christian” preceding the names of Timothy McVeigh and Terry Nichols who committed this devastating act, she argues. Here is edited excerpt from her article: To profile an individual based on one’s religion is not new in world history. For it was in Germany that the rhetoric of Adolf Hitler against German and Polish Jews became embedded in German popular thought. Jews were thought to be the source of Germany’s economic, social and military problems.(1) To force a group of people to unfairly bear the blame of others based on race or religious affiliation was also not historically foreign to Blacks, who were forced into chattel slavery then disregarded as a burden to the Union’s society. This resulted in the 16th President of the United States, Abraham Lincoln to announce a proposal of how to resolve the ‘Negro Problem,’ by deportation.(2) In both instances, the reigning governments resolved to further alienate and dispose of those who were different than mainstream’s society after exploiting their labor force. (3) At that point in history there was no official term for this type of profiling, but the discrimination against European Jews became accepted as a form of Anti-Semitism. The duality of race and religion in profiling as to Muslim Black Americans has not been adequately addressed. However, the American public’s acknowledgment of Muslims who are Black Americans has steadily, but not rapidly increased. Historically, Islam was not a new religion for Black Americans who were descendants of the Trans-Atlantic Slave trade. Many Africans who were enslaved by their European counterparts were in fact Muslims. Also Muslims from the East had journeyed to the Western Hemisphere before European explorers ventured across the Atlantic Ocean. (4) Additionally, over the past century, many Black Americans have gradually converted to the religion of Islam, as well as many being second, third, and fourth generation Muslims in America throughout the 19th and 21st centuries. Statistically, it has been estimated that Black Americans comprise nearly 50% of the Muslim American population. (5) These Muslims are native to the United States; their ancestors alongside other Africans and native Americans have built the foundation of this country; and this is their homeland. However, society and the U.S. Legislature has consistently ignored this segment of the population since the 9/11 attacks and consequential “racial” incidents. One argument for this lack of scrutiny is that Muslim Black Americans are not likely discriminated against based on their faith due to the ethnic composition of post 9/11 detainees who were sent to Guantanomo Bay. From what has been disclosed to the public, the detainees were either of Arab, Asian, or Persian descent. (6) As of this date, the U.S. government has not reported any Muslim Black Americans being arrested, detained or sent to the Guantanomo Bay Camp based on alleged terrorism, or in connection with the 9/11 attacks. (7) However, it is well known in American society that discrimination takes many forms, of which some may be less obvious than others. Such acts include but are not limited to, denial of housing, denial of employment, and excessive intimidation while shopping or traveling. Muslim Black Americans have also suffered harassment by self-professed Christians who proselytize on government property as their forum, in contravention of federal law. (8) At this point it is difficult to ascertain the number and frequency of racial profiling incidents against Muslim Black Americans. No federal agency or religious organization has conducted a comprehensive study that specifically addresses discrimination against Muslim Black Americans. (9) It is also difficult to determine whether an occurrence of profiling is solely based on one’s religion or in conjunction with an individual’s race. Thus, the dual role that race and religion has in profiling causes the discrimination to be more invidious. However, one may use the same premise that is used in pure racial profiling; just as race is used in presuming criminal guilt, (10) characteristics associated with Muslims can also be used as a premise to profile. For example, a Muslim woman who wears modest clothing, a hijab (11) and or facial niqab (12) may be considered a “fundamentalist” Muslim. Also, the Muslim man who wears a kufi or a long trimmed beard (13) would have the same stigmatism solely based on practicing his religious beliefs. Within societal terms a “fundamentalist” has rejected American culture and therefore the religiously devoted Muslim would be considered a terrorist threat. (14) Thus, providing an unbalanced justification to profile Muslim Americans. Although throughout the 20th and 21st centuries the Federal government has passed legislation to eliminate such discrimination, (15) Congress has not enacted legislation prohibiting racial profiling. It is not apparent that the Federal legislature lacks the power to enact prohibitive legislation against racial profiling, (16) it has yet to bring sufficient attention for such passage; (17) abandoning Muslim Black Americans, in addition to others to be consistent targets of racial profiling. There are many Muslim Black Americans, who are either second and third generation Muslims or are Muslim converts who have Arabic names, wear traditional head coverings, and modest clothing. This overt practice of their faith causes these Muslims to be easily identified and targets of discrimination. The most intriguing aspect of this discriminatory phenomenon is the mainstream media’s methodology of disregarding a critical composition of this Muslim American population. The media’s depiction of Muslim Americans is two-fold. Primarily, is the media’s negative attachment of the religion of Islam to terrorists, as if one causes the other, or both possess the same intrinsic meaning. For example, when referring to the Muslim American convert who trained in Afghanistan, his name was stated, and then the fact that he converted to Islam was inserted. (18) Oft-times, when referring to those who have engaged in unlawful or conspiratorial activities, the religious title “Muslim” is placed before the individual’s name or position. (19) Even as recent as the year 2004, various media outlets use the term “Islamic militants” to describe alleged terrorists who associate themselves with the religion of Islam. (20) Thus, the media constantly engages in this type of profiling; nourishing the fear of ignorant Americans, while coercing Muslim Americans to be on the defensive. Yet, in years past, the media was not so generous in religiously stereotyping those found guilty of terrorism. One example is the 1995 Oklahoma City bombing which occurred at the Alfred P. Murray Federal Building. Terry Nichols, who was found guilty of murder of eight federal agents who died while occupying the federal building at the time of the bombing, was also recently found guilty of 161 counts of state first-degree murder charges. Nichols professed to be a believer in Christian theology before he committed this devastating act. Additionally, Timothy McVeigh who was executed (21) in connection with the Oklahoma City bombing was also a professed Christian. (22) However, the media, in reporting the Oklahoma City terrorist act; did not and continues to not insert the religious title “Christian” preceding these criminals’ names. The likely reason is that Western media greatly influences public sentiment, whether it is for or against a minority or other “unpopular” group. Therefore, the media’s biased portrayal of Muslim Americans encourages those in authority as well as laymen to violate the civil rights of others because of the social acceptance of stereotyping. How can one view American society as “land of the free,” and a “melting pot” (23) when the word American is politically angled to imply that to be a “true” American one can only be a Christian, preferably a white one. The composition of the United States of America is not only the Natives of this land but immigrants who both ventured to this country voluntarily and involuntarily. The various media outlets has consistently indoctrinated this image of what is authentically “American” in the psychology of the American public. This demonstrates that when the media reports acts of terrorism which are performed by those who associate themselves with the religion of Islam, the media is guilty of racial profiling and religious stereotyping, and continues to display what American society truly possesses: Islam-a-phobia. Anyone who is different in their manner of religious expression or does not agree with every act the U.S. government executes, is suspect. Unfortunately, it would seem that the masses of the people who rely heavily on the media for their information possess these stereotypes and act accordingly. References: 1 LAWRENCE REES, THE NAZIS A WARNING FROM HISTORY 17 (Omnia Books Limited 1998) (1997). There was another, more sinister, reason why the Munich Räterepublik was to have a lasting effect on the consciousness of the Right. The majority of the leaders of this left-wing coup were Jewish. This served to reinforce the prejudice that the Jews were behind all that was wrong in Germany. 2 See LERONE BENNETT, JR., FORCED INTO GLORY: ABRAHAM LINCOLN’S WHITE DREAM 458, JOHNSON PUBLISHING COMPANY (1999). But Lincoln had no intention of dealing with racism or even discussing it. He didn’t seek the opinions of his visitors. He was simply, he said, presenting a fact: Whites didn’t want Blacks in America and therefore Blacks would have to go. “There is an unwillingness on the part of our people, harsh as it may be, for you free colored people to remain with us.” The only solution from his standpoint, that is to say, from a White standpoint, was a Black exodus. “It is better for us both,” he said twice, “to be separated.” Lincoln proposed a Black settlement on Central American land, “rich in coal” and asked his visitors to help him find Black settlers “capable of thinking as white men.” 3 Supra note 17 at 197. “On 31 July Göring singed a key document – an authorization addressed to Reinhard Heydrich: ‘To supplement the task that was assigned to you on 24 January 1939, which dealt with the solution of the Jewish problem by emigration and evacuation in the most suitable way…” See Supra note 18 at 381 (1999). In five major policy declarations, including two State of the Union addresses and the Preliminary Emancipation Proclamation, the sixteenth president of the United States publicly and officially called for the deportation of Blacks. 4 See DR. BARRY, FELL SAGA AMERICA (Harvard University) (1980). Research which noted scientific evidence of North and West African Muslims’ arrival, centuries before Columbus, to the shores of North America. Dr. Fell discovered the existence of Muslim schools at Valley of Fire, Allan Springs, Logomarsino, Keyhole Canyon, Washoe and Hickison Summit Pass (Nevada), Mesa Verde (Colorado), Mimbres Valley (New Mexico) and Tipper Canoe (Indiana) dating back to 700-800 CE. 5 This estimate is based on reports submitted by religious agencies and organizations. The U.S. Census Bureau is prohibited by Public Law 94-521 to ask for mandatory information regarding an individual’s religious affiliation. 6 See Press Release, Department of Defense, “Transfer of Afghani and Pakistani Detainees Complete,” No. 180-04, March 15, 2004; http://www.defense.gov/releases/2004/nr20040315-0462.html (last visited July 12, 2004). “The Department of Defense announced today it transferred 23 Afghan and three Pakistani detainees from Guantanamo Bay, Cuba, for release.” [sic] See Press Release, Department of Defense, “Transfer of Detainees Completed,” No. 524-03, Jul 18, 2003; http://www.defense.gov/releases/2003/nr20030718-0207.html (last visited July 12, 2004). The Department of Defense announced today the transfer of 27 detainees for release from Guantanamo Bay, Cuba, to their countries of origin. (Confirms as of date none of the detainees were Muslim Black Americans). 7 Due to security risks involved with the detainees of Guantanamo Bay, the U.S. Government does not generally disclose the identities of detainees currently being held; there is currently no absolute way to determine the ethnicity of those currently at Guantanamo Bay. 8 See Commonwealth v. Davis, 162 Mass. 510, 511 (1895). ''For the Legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of rights of a member of the public than for the owner of a private house to forbid it in the house.'' Although the solicitation is by self-professed Christians is preferably analyzed under the Establishment and Free Exercise Clause, the act itself requires scrutiny under the 1st Amendment under Free Speech and its prohibition. 9 See CAIR 2001 Civil Rights Report, http://www.cair-net.org/civilrights/Civil_Rights_4.jpg (last visited July 12, 2004). The Council on American-Islamic Relations has conducted studies on discrimination against the general Muslim American population post 9/11. CAIR’s 2001 Civil Rights report did include a correlation between ethnic features and discrimination against Muslim Americans. 10 See note 5. 11 See A Dictionary of Modern Arabic, 156 Hans Wehr. A woman’s veil. 12 Supra note 27 at 989. A type of veil. 13 See Sahih Muslim, Chapter 16, [259]. (citing the order of Prophet Muhammad for the men to trim the moustache and to permit the beard to grow). For many Muslim men this is considered to be an obligatory religious act. 14 See MOHAMMAD MOHADDESSIN, ISLAMIC FUNDAMENTALISM, THE NEW GLOBAL THREAT, XXI (SEVEN LOCKS PRESS) (2001). Beyond all the analysis, the past twenty-two years have taught us that in today’s world, terrorism is the other side of Islamic fundamentalism and is in fact needed for its existence. 15 See Civil Rights Act of 1964. Federal law passed by Congress to eliminate employment discrimination based on race, color, religion, or national origin. See also Title VI of the Civil Rights Act of 1964, Amended, Title VIII of the Civil Rights Act of 1968 Fair Housing Act (federal law enacted prohibiting discrimination based on race, color, religion or national origin by any agency or program engaged in housing that receives federal support or funding). 16 See A Thirteenth Amendment Framework for Combating Racial Profiling, William H. Carter, Jr., 39 Harvard Civil Rights-Civil Liberties Law Review 74 (2004). “Despite Congress’ undoubted power under the Thirteenth Amendment to pass legislation aimed at eliminating the badges and incidents of slavery, it has not exercised that power with regard to racial profiling.” It is important to note that Congress has not enacted a law that explicitly prohibits racial profiling of individuals based on race, religion, national origin, or color by law enforcement authorities and governmental agencies. However, U.S. Representative John P. Conyers, Jr. of Michigan has co-sponsored a bill [H.R.3847, 108th Congress (2004)], and End Racial Profiling Act [S. 989, 107th Congress 2001] which would prohibit racial profiling. 17 See A Thirteenth Amendment Framework for Combating Racial Profiling, William H. Carter, Jr., 39 Harvard Civil Rights-Civil Liberties Law Review 74 (2004). “Despite Congress’ undoubted power under the Thirteenth Amendment to pass legislation aimed at eliminating the badges and incidents of slavery, it has not exercised that power.” 18See CNN article, “Thousands of tips received on suspected seven,” Thursday, May 27, 2004 Posted: 8:33 PM EDT (0033 GMT). http://www.cnn.com/2004/US/05/27/terror.threat/index.html (last visited July 12, 2004) “Adam Gadahn, who converted to Islam, is associated with al Qaeda leader Abu Aubaydah in Pakistan and attended the terrorist network's training camps in Afghanistan,” Mueller said. [emphasis added]. 19 See CNN article, “U.S. indicts British Muslim Cleric,” Friday, May 28, 2004 Posted: 12:49 AM EDT (0449 GMT), http://search.cnn.com/cnn/search?source=cnn&invocationType=search%2Ftop&sites=cnn&query=U.S.+indicts+Muslim+cleric (last visited July 12, 2004). [emphasis added]. See CNN article, “Seattle Man indicted on Terror Charges,” September 3, 2002 Posted: 2:18 PM EDT (1818 GMT), http://www.cnn.com/2002/LAW/08/28/ujaama.indictment/index.html (last visited July 12, 2004). SEATTLE, Washington (CNN) -- A federal grand jury Wednesday indicted a well-known Islamic activist in the Seattle-area on charges of conspiring to set up an al Qaeda terrorist training camp in rural Oregon in an attempt to further promote "violent jihad" against the United States. [emphasis added]. 20 See CNN article, “Pakistan releases Islamic militants,” August 3, 2001 Posted: 2:28 AM EDT (0628 GMT) [emphasis added] , http://www.cnn.com/2001/WORLD/asiapcf/south/08/23/pakistan.militant.release/ (last visited July 12, 2004). See USA Today article, “Turkish police arrest Islamic militants,” [emphasis added], November 03, 2001 - Updated 09:34 AM ET [ emphasis added], http://www.usatoday.com/news/sept11/2001/11/03/islamic-militants.htm (last visited July 12, 2004). 21 See CNN article, “McVeigh execution: A ‘completion of justice,” June 11, 2001 Posted 11:41 a.m. EDT (1541 GMT), http://www.cnn.com/2001/LAW/06/11/mcveigh.02/ (last visited July 12, 2004). 22 See Daniel Junas, "Rise of the Militias," Covert Action Quarterly, Spring 1995, no. 52, 21; cf. Jill Smolowe, "Enemies of the State," Time, 8 May 1995, 61. Reporting that both Timothy McVeigh and Terry Nichols were associated with the American Patriot Movement, a militant Christian organization; alleged to have anti-government sentiment. It has also been reported that Timothy McVeigh, the person found guilty of bombing a federal building in Oklahoma, was a member of the Christian Methodist Church. 23 Supra note 3 at 818. A place where immigrants of different cultures or races form an integrated society. Patricia M. Muhammad is a Maryland attorney and member of Karamah: Muslim Women Attorneys for Human Rights. She also contributes to the International Law Report. |