My First Reaction.... CALL SALDEF!!

My second reaction......... CALL the SIKH COALITION!! Maybe that's just me, but I guess having access to the Internet, and having a comfort level with the 'Canadian' or 'North American' way of doing things means I wouldn't be calling on MPs in Canada (if I was an American) to do something about an incident at a Buffalo airport.



No offence to Gurinder Singh, but faxing and emailing people blindly asking for help as the news story makes out, doesn't seem to be the most efficient way of handling an airport incident. I can understand him being upset, but frankly SALDEF and SIKH COALITION have done a lot of good work in educating Sikh travelers about their rights in an airport situation.



Keeping their handy guidelines with you when traveling would surely help in such a situation. Straight from the Sikh Coalition's website and the PDF that is available for download appears the following...

Answers to Frequently Asked Questions Concerning the Air Travel of People Who Are Or May Appear

to Be of Arab, Middle Eastern or South Asian Descent and/or Muslim or Sikh

... Individuals who pass through a metal detector without setting off the device may be subjected to

additional screening if the individual is properly selected on a truly random basis. Similarly, where a

turbaned Sikh passes through a metal detector without setting off the device, the Sikh may be subjected

to additional screening if the Sikh is properly selected on a truly random basis.



Passengers who pass through a metal detector and set off the device will be subjected to additional

screening through the use of a hand held metal detector if they wish to go beyond the screening

checkpoint. Where a hand held metal detector is not available, the passengers will be subjected to a

manual pat down as a means of ensuring that a prohibited item is not being carried. Similarly, where a

turbaned Sikh passes through a metal detector and the device is set off, the screener should, where

available, use a hand held metal detector around the turban to determine if there is a risk of a prohibited

item being concealed.



Passengers whose heads trigger the hand held metal detector will be subjected to a manual pat down

including probing of the hair if they wish to go beyond the screener checkpoint. Similarly, where a

turbaned Sikh triggers the hand held metal detector when it is near or over his or her head, then a manual

pat down including probing of the turban and hair is necessary if the Sikh wishes to go beyond the

screener checkpoint. Screening personnel must request permission to touch a person and his/her

clothing, particularly the hair or turban of a Sikh, prior to doing so.



In instances where a manual pat down indicates that a prohibited item may be concealed or the pat

down is insufficient to make such a determination, then the passenger will be more thoroughly searched

if he/she wishes to go beyond the screening checkpoint. Similarly, where a manual pat down of a

turbaned Sikh’s head indicates that the Sikh may be carrying a prohibited item in his/her hair or the pat

down is not helpful in making such a determination, then the Sikh’s turban must be searched, if the Sikh

wishes to go beyond the screening checkpoint. Again, screening personnel must request permission to

touch a person and his/her clothing, particularly the hair or turban of a Sikh, prior to doing so.



If a search or inspection involving the removal of clothing is necessary for safety or security reasons,

screeners should provide the person involved a choice of a public or private inspection. Private searches

may be perceived to be overly intimidating while public searches may be viewed as humiliating or may

violate an individual’s religious tenets. For example, the removal of a Muslim woman’s veil in public

or in the presence of a man, not her husband, will violate her religious beliefs. Likewise, a Sikh’s turban

is a religious article of faith and a public search will likely create great embarrassment and fear for the

Sikh. After a turban search in private, a Sikh should be provided a mirror to retie his or her turban.



Passengers identified by the Computer Assisted Passenger Prescreening System (CAPPS) as selectees,

including those selected by a computer at random, will be subjected to additional screening at the

boarding gate in addition to having their checked baggage being subject to additional security

requirements. The CAPPS selection criteria have been reviewed by the Department of Justice to ensure

that the methods of passenger selection are non-discriminatory and do not constitute impermissible

profiling of passengers on the basis of their race, color, religion, ethnicity, or national origin. The

additional screening will consist of a search of carry-on items and the search of the person through the

use of a hand held metal detector in conjunction with a pat-down search. The search may become more

intrusive if the initial search indicates that a prohibited item may be concealed.

Question: How do screeners determine when additional security screening is appropriate?



All available facts and circumstances must be taken into account in identifying persons or property that

may be a safety or security risk. Although the screeners’ actions could, at times, appear to be offensive

to the person involved, screeners would continue to be justified in conducting additional questioning,

inspections or searches, for safety or security reasons, in certain situations; for example: a person

wearing a turban or head dress, while being searched at an airport security checkpoint, triggers the

handheld metal detector when it is near his or her head; or a veiled woman shows photo identification to

prove her identity but it is difficult to conclude that this woman is the same person as the woman in the

photo without checking her face. When it is necessary to verify the identity of a veiled woman,

whenever possible, her face should be checked by female safety or security personnel in private or only

in the presence of other women so as not to violate her religious tenets.



Airline and airport personnel must use the “but/for” test to help determine the justification for their

actions. But for this person’s perceived race, ethnic heritage or religious orientation, would I have

subjected this individual to additional safety or security scrutiny? If the answer is “no,” then the action

may violate civil rights laws.



Question: What can I do if I believe that my rights have been violated?

Members of the public, who feel they have been the subject of discriminatory actions or treatment by air

carriers, may file a complaint by sending an email, a letter, or a completed complaint form to the

Aviation Consumer Protection Division (ACPD). ACPD’s e-mail address is airconsumer@ost.dot.gov

and its mailing address is: Aviation Consumer Protection Division, U.S. Department of Transportation,

Room 4107, C-75, Washington, DC 20590. Complaint forms that consumers may download and/or print are

available at http://www.dot.gov/airconsumer/problems.htm .

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