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November 17, 2006

Netherlands: First EU Country To Ban Muslim Burka

The Netherlands has been threatening to ban the Muslim burka, the face-covering garment for a year, since MP Geert Wilders introduced questions to the Dutch parliament concerning the prospect of banning the item in October 2005.

On October 13 2005, the Times reported that the immigration minister, Rita Verdonk, had told parliament that she was investigating the circumstances in which the wearing of this garment could be prohibited. According to Expatica of 10 October 2005, Verdonk had said that she did not believe a complete ban could be possible. Issues of the Netherlands constitution, and its support for religious freedom, were cited, even though under its Article 6-2, freedom of religion can be limited, "in order to protect public health, in the interest of traffic and to counter or prevent disorder".

Verdonk said last year that the garments should be prohibited in "specific situations" citing public safety as a reason. Police had warned that the burka could be used by terrorists to avoid detection. A spokesman for the government then said: "We want to investigate when, how, in which places the burka should be banned. It is a safety measure - you don't see who is in it." In soccer stadiums, visitors are prohibited from covering their faces with scarves, as a response to hooligan activity.

In Utrecht last year, the City Council voted to reduce by 10% the benefits of women who habitually wore the burka. The move was made because two women at the unemployment benefit office in the city had claimed that they did not attend job interviews, as no-one would employ women wearing burkas. They each received 550 Euros a month in unemployment benefit. The Council had argued that such women were making themselves "unemployable", contravening the Work and Social Security Act.
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Maria van der Hoeven, the Dutch education minister, called for a ban of the burka being worn in schools. In December last year, the Dutch parliament voted by a majority to outlaw the wearing of the burka in public.

The decision to make the decision become law was delayed, as Verdonk set up a panel of "specialists" to investigate the legality of banning the item. Despite ordering an investigation into the legal and social ramifications of a ban of the burka, by March the results were still being awaited. Rita Verdonk was still waiting for the investigation's results on Thursday October 19, when the issue of the ban on burkas was again raised in parliament.

The commission of seven individuals, charged by Verdonk to comment on the legality of a ban, included lawyers, an imam and an Arab specialist. Verdonk told the group to have answers by the start of November.

On Friday, November 10, Verdonk told parliament that the cabinet was not in favour of women wearing a burka, but would still seek legal approval on the matter. She pointed out 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.

After much stalling and indecision, the government today agreed to a total ban on the wearing of the burka and face-covering Muslim veils in public. The cabinet agreed that burkas disturbed public order, citizens and safety. When made into law, the ban will be effective in all public places. As well as burkas, any items which cover the face, such as helmets with visors, will also be prohibited.

The news is carried by Reuters, Expatica, Associated Press, BBC and Deutsche Presse Agentur.

Verdonk announced: "The Cabinet finds it undesirable that face-covering clothing - including the burka - is worn in public places for reasons of public order, security and protection of citizens."

She told the broadcaster NOS: "From a security standpoint, people should always be recognizable and from the standpoint of integration, we think people should be able to communicate with one another."

Before the ban becomes full law, police will be able to enforce a ban on burkas being worn in buses, on grounds of security, or in education establishments, on grounds of communication hindrances.

Verdonk's committee had told her that the legislation would not conflict with laws protecting religious freedoms.

In five days time there will be a general election, and it is expected that the center-right coalition will be re-elected. There is a slim possibility that a swing to the left in the polls could cause the bill to be undermined. However, though this would create another headache for legislators, it is thought to be unlikely.

Institutions such as the Free University in Amsterdam ban 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 included the British-made Lonsdale clothing brand. In the Netherlands, Lonsdale clothing is associated with young far-right activists.

No country in Europe has banned the Burka, but in Belgium, five Flemish towns have introduced bans on the garments. These are: Ghent, Antwerp, Sint-Truden, Lebbeke and Maaseik. The mayor of Maaseik, Jan Cleemers, said he acted after six women started wearing burqas, alarming local residents. On June 12, Khadija El Ouazzanik, a woman who had challenged the ruling in Maaseik magistrates' court lost her case. She launched the appeal after she had been fined 75 Euros ($95) in April 2005 for wearing the costume after the ban was enforced. She was told by the court that the town was legally within its rights to prevent the wearing of burkas.

When the bill is written into law, the Netherlands will be the first country in the European Union to have outlawed the Muslim face-coverings which have become such a political hot potato recently.

Posted by Giraldus Cambrensis at November 17, 2006 3:11 PM

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