A former year 12 student has reached a settlement with the New South Wales education department after he was banned from attending his school formal because he wore a scarf that displayed a Palestinian flag and keffiyeh.
In September 2024, Jad Salamah attended his graduation at Condell Park high school in south-west Sydney wearing the double-sided scarf.
He was asked by school staff to remove it, the department said in a statement, but he refused. As a result, he was unable to attend his school formal.
Salamah began legal proceedings against the state of NSW alleging racial discrimination, which it denied. In the statement, published to its website on Monday, the department said after mediation, the two parties had reached a confidential settlement and the matter was resolved.
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In a statement the department said it embraces cultural diversity and does so in part through its annual Harmony Day on 21 March.
“In public schools we celebrate inclusiveness, respect and a sense of belonging for all Australians, including the traditional custodians of the land to those who have come from many cultures around the world,” the statement said.
“The ongoing theme for Harmony Day in public education is that everyone belongs and is marked by a time of cultural respect and celebration, including the wearing of cultural attire, display of cultural heritage, cuisine and tradition.
This includes the wearing of cultural garments, including, but not limited to, the Hanbok, Idio, Kaftan, Keffiyeh, Kilt, Tallit, Yukata, cultural headdress, feather cloaks and garlands. To similar effect, at year 12 school formals, students may wish to wear attire appropriate to their culture.”
Guardian Australia was unable to reach Salamah and his family for comment.
The race discrimination commissioner, Giridharan Sivaraman, said he welcomed the department’s statement about the importance of cultural respect and expression but would like to see “anti-racism action so that something like this doesn’t happen again”.
“It’s not enough to talk about social cohesion and cultural appreciation, there needs to be active systems-based efforts to confront and eliminate racism so people of all cultures feel included,” he said.
Nour Salman, the anti-Palestinian racism project lead at the Australia Palestine Advocacy Network (Apan), said the student had experienced a “clear case of anti-Palestinian racism”.
“Asking a Palestinian student to remove a keffiyeh, a recognised cultural symbol of identity and heritage, is discrimination,” she said.
“No student should be excluded from their own graduation for expressing who they are. Schools are meant to protect students, not police their culture or heritage.
“Palestinians continue to be singled out, their identity framed as controversial simply for existing.”
In September, a report by Apan said anti-Palestinian racism had become widespread in Australian schools since October 2023, primarily in NSW and Victoria.
It was being used to “prevent and silence” the discussion of the war in Gaza through a “climate of fear, censorship, intimidation and punishment”, the group said.
Jewish groups have reported a spike in antisemitism during the same time period, including a rising threat of violent attacks and incidents of harassment and abuse.
Palman said it “should not require legal action and public scrutiny for discrimination to be acknowledged”.
“We also note that the department initially denied the allegations,” she said.
“This outcome must set a clear precedent across Australia: Palestinian identity is a protected cultural expression and must be respected.”
In the weeks after the 2024 incident, Salamah told Nine newspapers that the experience had “ruined my high school memories”.
“I kept explaining that it’s a cultural thing that I wear on special occasions, but they kept saying that I was making a political statement in a public school and I can’t do that,” he said.
“I’ve been going there since I was in year 7. It’s supposed to be a place where I feel safe, and I’m not judged for who I am, but I was wrong.”
