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November 11, 2006

Netherlands: Government Moves To Ban Muslim Face-Veils

Last year, on October 10, following questions tabled by Geert Wilders, the immigration and integration minister Rita Verdonk told the Dutch parliament that she was examining the possibility of banning the face-covering burka. Verdonk was not sure if a full ban would be legally allowed, and announced that she had ordered officials to investigate the possibility of imposing such a ban.

In December, the Dutch parliament voted overwhelmingly to outlaw the burka in public. The Christian Democrats, the VVF and the LPF parties supported the banning of face-coverings in public. Already, at soccer stadiums, visitors are not allowed if their faces are covered, a ruling introduced to prevent hooliganism.

Though passed by parliament, the bill did not come into effect as Rita Verdonk was awaiting clarification of the legal situation. There were fears that the ban would contravene the institution, even though Article 6, section 2 of this allows limits of religious freedom if it is "in order to protect public health, in the interest of traffic and to counter or prevent disorder."

The Free University in Amsterdam bans the burka or the face-veil (nikab) on its grounds. The university also bans clothing which "does not show respect to fellow human beings" which includes clothing brands such as Lonsdale, which are associated with far-right racist groups.

In March, the results of legal inquiries were still not forthcoming, and last month, Rita Verdonk ordered that the commission charged to investigate the legal ramifications must issue its verdict by the start of November.

It is now more than a week into the month, and the commission has still not issued clarification. The commission includes lawyers, an Arab specialist and an imam, though what an imam is doing considering legal technicalities is not made clear. Even though the parliament as it stood last December had voted for a ban, it seems that the current cabinet is divided about the wisdom of a burka ban.

Last year, Muslim lawyer Famile Arslan said: "We are probably talking about less than 100 women in a population of 16 million (wearing the burka). What I am concerned about is if it starts with the burqa, where will it end?" Arslan fears "another regulation aimed against Muslims."

The full burka is only thought to be regularly worn by about 50 women in the Netherlands. Haci Karacaer, head of the Islamist group Milli Gorus said last year: "I agree that women who walk around in the burqa do not have a great future in this country but I think they should be allowed to dress as they want in a constitutional state. People should have the right to choose to exclude themselves from society."

At a recent cabinet meeting, Rita Verdonk announced: "The cabinet finds the wearing of a burka undesirable...but cannot at present enforce a total ban." She said: "The government will search for the possibility to provide a ban."

The reasons for not banning the garment outright appear, according to the Jurist to be based on a fear of infringing religious freedoms.

On Friday, state Reuters, the Guardian, Al Jazeera, Expatica and the Australian Verdonk told parliament that the cabinet is not in favour of women wearing a burka, but cannot impose a ban at this time. She insisted that the government was seeking legal approval to impose the ban, and said that she believed there was legal room to impose a general ban on the garment.

She noted that in public transport and in education, there is already legislation banning the covering of the face, which also applies to face-concealing motorcycle helmets.

The fact that it has taken almost a year to get to exactly the same point of indecision as existed last December says a lot about the commission set up by Verdonk. All the commission has done is prevaricate, and has acted as a hindrance to implementation of parliament's will. And placing an imam on a legal body is, unless the individual is a specialist in constitutional issues, a sign of grand folly.

Timidity and indecision never made for good government, and this farce about a simple matter such as banning a burka is exposing the inherent weaknesses of coalition governments.

The Dutch newspaper der Telegraaf reported on Friday, before Verdonk's announcement, stated that it will become more difficult for women to wear the burka in public, as they would be seen to threaten public order and security. The newspaper confidently stated on its front page that women wearing burkas will be asked for their identity papers, and if they do not have these, they will risk a fine or imprisonment. At the lethargic rate at which this issue is being dealt with, such an outcome may remain in the distant future.

Posted by Giraldus Cambrensis at November 11, 2006 8:42 AM

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