FRANCE: Burqa Ban May Prove Counter-Productive

• by A. D. McKenzie (paris)
• Sunday, May 23, 2010
• Inter Press Service

'We are against a general interdiction because under international human rights conventions, nobody should be prevented from wearing any kind of dress,' said Patrick Delouvin, a spokesman for Amnesty International France

'Women should not be forced to wear the burqa or niqab in certain countries or forced not to wear it in others,' he told IPS. 'How do the French authorities plan to implement this law? It will be hard even for policemen to enforce the restrictions. The ban will be counter-productive.'

His comments came after the French cabinet approved a draft bill Wednesday to ban the public wearing of face-covering garments, including the head-to-toe burqa and the niqab veil (which is more commonly worn in France).

The bill is scheduled to be voted on in July by the National Assembly, the lower house of parliament, and will then be sent to the Senate, the upper house, for examination.

If both houses adopt the bill without amendments, it could become law by October or even earlier, but would enter into force six months after passage. This time lapse is meant to give women who wear the burqa an opportunity to stop doing so voluntarily.

Under the bill’s provisions, wearing a face-covering veil in 'public places' would be subject to a fine of 150 euro (188 US dollars) or having to take classes to learn about the 'values' of French citizenship.

Prohibited areas for the veil apparently would include restaurants, schools and public transportation, although this is not fully specified.

In addition, if one is convicted of forcing a woman to wear a burqa or niqab, the punishment would be a year in prison or a fine of 15,000 euro (18,855 dollars).

President Nicolas Sarkozy said that the legislation was a 'moral' choice for France but that French Muslims should not feel 'stigmatised by it'.

'It is a decision one does not take lightly,' he told a cabinet meeting. 'I’m thinking in particular of our Muslim compatriots, who have their place in the republic and should feel respected.'

But Human Rights Watch (HRW) said that the measures will contribute to the 'stigmatisation of Islam and Muslims in general'.

'This sends a very negative message to Muslims in France and throughout Europe,' said Judith Sunderland, a senior researcher with the group.

'It’s part of a worrying trend that feeds into a climate of intolerance,' she told IPS. 'There are so many other issues that concern Muslims in Europe that should be addressed. We don’t think that this kind of legislation is the right way to go about helping women who may be forced to wear the veil.'

Apart from France, similar measures to outlaw the burqa are being taken in Belgium, while some other European countries have also been calling for a ban. States such as the United Kingdom and Sweden have dismissed the efficacy of such legislation in protecting women.

Sunderland stressed that HRW was also against forced veiling. 'We are aware that there are cultural and religious practices around the world that violate women’s rights, and policies of forced veiling in certain regions clearly violate women’s rights to autonomy and to freedom of choice,' she said.

'But the bans on wearing the full-face veil in all public places also violate women’s rights to autonomy and to freedom of religion, thought and expression,' she added.

The French interior ministry has said that most of the estimated 2,000 women who wear the burqa or niqab in France do so voluntarily. But lawmakers who supported the bill said that the garment 'cannot be tolerated in public places' here, whether worn by choice or not, as this is against the country’s 'republican rules'.

As the debate continues, human rights groups and some legal experts say that the government could better protect women by amending another bill that was recently adopted by the National Assembly and will soon go before the Senate.

This bill focuses on acts of violence against women, and criminalises psychological violence, which might include forcing a woman to wear the burqa.

'The bill on violence against women could be amended to outlaw forced veiling,' said Delouvin of Amnesty. 'The government doesn’t need a specific law against the burqa.'

He said a ban would result in women who are forced to wear the burqa or niqab being doubly punished.

'For the woman who is forced, this would oblige her to stay home,' Delouvin said. 'She would be punished twice: forced to wear the garment, and prevented from going outside.'

© Inter Press Service (2010) — All Rights ReservedOriginal source: Inter Press Service

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