Public use of the Islamic full veil

In France, a law that would ban the wearing in public of the “Islamic full veil” is set to be adopted this month. The burqa (or burka) is an Islamic veil that covers the entire face and body such that the identity of the person wearing it is impossible to tell. I am sure you know what I am referring to.

The niqab is a less concealing cover but still covers a good part of the face.

The two are not to be confused with the hijab, which is the most common veil worn by Muslim women and leaves the face uncovered.

I have yet to see someone wearing the burqa or the niqab in Malta, although the hijab is rather common and does not appear to raise any issues.

Likewise, in Europe, the use of the burqa is very limited.

So why are there calls to have it banned?

Possibly, it is because the ban often finds support across the left-right political divide, albeit for different reasons. Whereas the left insists that the burqa is a flagrant breach of women’s rights, the right argues that people who conceal their identity in public places may constitute security risks.

Even the far-right supports the ban because of a lack of sympathy with anything Muslim.

On the other hand, those who oppose the ban consider that the idea of prohibiting something is in itself repressive and intolerant of cultures and religions. This argument is usually upheld by the more liberal among us. But it also finds sympathy with those who baulked at the idea of banning the crucifix in classrooms. For them, touching religious symbols is out of bounds.

I am more inclined to sympathise with those who oppose the ban because I feel that an outright prohibition smacks of intolerance and I am uncomfortable with the state telling you what to do in your personal life. And the fact that so few people actually use the burqa and the niqab in public makes a ban seem disproportionate.

However, I do appreciate that, when personal choices affect the public domain – notably public security – then action may be necessary, provided it is not heavy-handed. Especially in critical public places.

And what is your view? If you are undecided, you are not alone.

Only a handful of European countries have announced plans to ban the burqa. But the ball has been set rolling.

In France, where only about 2,000 women wear the burqa, a law prohibiting it in public is expected this month. It was pushed by President Nicolas Sarkozy as part of his “big debate” on national identity but it was overwhelmingly approved in the lower Chamber last July. The Senate will vote on it this month.

Here in Belgium, where only about 30 women wear a burqa out of a Muslim community of about half a million, a legal prohibition was unanimously approved by the lower Chamber last April and just requires approval by the Senate.

In Britain, an MP from the governing Conservative Party tabled a Private Member’s Bill which would ban the wearing in public of objects that cover the face. The MP said the burqa “goes against the British way of life”. But opponents quickly remarked that, quite the contrary, it is banning the burqa that would be “un-British”.

On its part, the government, which includes the Liberal Party, seems opposed and, therefore, the Bill is unlikely to find support.

In Italy, the city of Novara, in the northwest, introduced a ban on full veils. But although one of the governing parties, the Lega Nord, favours the ban, so far the central government has not announced any plans to do so.

In Germany, a Constitutional Court ruling made it clear such issues are for each individual German state to determine.

Ironically, it is Turkey that has the longest-standing ban on full veils.

At European level, the European Union has no power to legislate on a ban because, on the basis of the principle of subsidiarity, it should be up to each individual country to decide what to do.

Last June, the Council of Europe’s Parliamentary Assembly unanimously adopted a resolution to oppose a ban on the burqa and the niqab.

On the other hand, it is not yet clear what position the European Parliament would adopt, even if any resolution would only have a political bearing.

This month my political group, the EPP, will start debating the issue in order to attempt to hammer out a clear and common position. As the person responsible for this debate, I do not expect any quick fix. But I do hope that, as a minimum, we shall all approach it with open minds.

www.simonbusuttil.eu

Dr Busuttil is a Nationalist member of the European Parliament.