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Belgian lawmakers first in EU to outlaw burqa

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Published 30 April 2010, updated 14 July 2010

Belgium this week took one step closer to becoming the first European country to outlaw Islamic veils that completely hide a woman's face. The ban could become effective this summer if legislation passed yesterday (29 April) is confirmed by the Senate.

The draft bill was approved in the lower house of parliament and won support from all the major political parties on both sides of the country's linguistic divide.

The vote was a rare show of unity in the divided country, whose prime minister resigned just days ago over a spat between the French and Dutch-speaking communities over the demarcation of voting boundaries surrounding the capital, Brussels, which is located in Flanders (EurActiv 27/04/10).

136 out of the 138 MPs present voted to ban the veil.

The ban will apply to garments that completely hide a person's face and will be enforceable in all public places, meaning not only schools or public administrations but also in parks and on pavements.

Sanctions for wearing such veils in public will range from a fine of 150 euros for a woman seen wearing the veil to 15,000 euros and up to a year in jail for those who force a woman to wear it. 

According to its supporters, the bill is intended to promote women's rights and prevent a split between the Islamic community and the rest of Belgian society.

However, most Belgian Muslims see the measure as discriminatory and feel that their entire community is being stigmatised, rather than the very few women who wear the burqa.

Critics argue that it could violate EU law on freedom of expression and say the bill could be challenged before the European Court of Human Rights.

Senate vote

The Senate vote is considered a mere formality, but Belgium will soon be without a parliament - the two chambers of the assembly are due to be dissolved next week - and it is uncertain when the next parliament will be sworn in.

Other critics worry that the move to ban the burqa in Belgium is part of a wider trend of hardening anti-Islamic sentiment across Europe.

In France, President Nicolas Sarkozy has said he will go ahead with a ban on the burqa, which could come into effect this summer. In Switzerland, voters recently backed a ban on minarets. Other countries such as the Netherlands, Denmark and Poland have seen rising support for anti-Islamic parties in recent years.

Positions: 

Amnesty International criticised the banning of the burqa in Belgium, Belga agency reported.

"A total ban of the veil covering the face would violate the rights and freedom of expression, as well of religion, for women wearing the burqa and niqab," John Dalhuisen, an expert at the organisation, is quoted as saying.

"The Belgian decision to ban, for the first time in Europe, the whole-face veil, sets a dangerous precedent," he warned.

"We are not a racism kind of country," said Denis Ducarme, a Belgian MP of the Reformist Movement party and author of the Bill, in an interview.

"It’s a question of public safety . . . we must be able to identify people in the streets for security reasons", he said. "We think that in the 21st century we cannot accept that women be slave to a question of religion".

 "We respect Islam but not Islamism", he explained. "We must say ‘stop’ to the Islamism". 

Speaking in an interview with  Der Spiegel, Thorbjørn Jagland, secretary general of the Council of Europe, called for a more pragmatic approach to the Burqa question. "Is it really such a big problem for the whole of society that young girls are wearing a headscarf?", he asked.

"It is not the role of political leaders to exaggerate problems that are not actually that big", he said, describing the European Court of Human Rights as overburdened with small cases.

"Europe has suffered under fundamentalism and different ideologies. We should not enter into that business again."

In a poll conducted in 14 EU countries by the Department of Social Studies and Public Opinion at Spanish bank BBVA, only 26.4% of respondents said they are not against seeing the Islamic veil in public buildings, while 52.6% are against it.

The countries with the largest majorities against the veil are Bulgaria (84.3%), France (68.7%) and Germany (66.3%).

The highest degrees of acceptance for the veil are in Denmark (56.6%), Sweden (46.5%) and Poland (40.8%).

Background: 

Tensions between Europe and the Islamic world have hit the headlines in several EU countries in recent years.

Polls published in the Netherlands last month suggested that the extreme-right Freedom Party (PVV), led by controversial anti-Islamist Geert Wilders, will make large gains in the upcoming election on 9 June and has an outside chance of becoming the country's largest party (EurActiv 04/03/10).  

The PVV recorded huge successes in last year's European Parliament elections (EurActiv 05/06/09). 

Wilders rose to international notoriety in 2008 with the release online of his film 'Fitna'. The film, which portrays Islam as a religion that incites violence, was condemned by EU foreign ministers and Muslim organisations alike (EurActiv 31/03/08).

Similar tensions were prevalent in 2005 following the publication in a Danish newspaper of a series of controversial caricatures of the prophet Mohammed in September of that year, triggering violent protests (EurActiv 31/01/06). 

Recently Libyan leader Muammar Gaddafi called for a 'jihad', or holy war, against Switzerland over the country's decision in November to ban new construction of minarets on mosques in the Alpine country (EurActiv 26/02/10).

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