EU silence on banning the Burka
Civitas, 21 July 2010
“This is not a European Union competence … so as President of the EU Commission I will not take a position on this issue”. This is a phrase seldom used by President Barroso, but he chose his words wisely when asked to comment on recent campaigns to ban the burka, the full body veil worn by some Muslim women. EU Council President Herman Van Rompuy was equally reticent on the issue, simply adding “same answer”, writes Natalie Hamill.
Whilst the “to ban or not to ban the burka” dilemma is being debated across several EU member states, the EU has refused to outline an official position on the issue. This unusually taciturn response by the EU avoids a tricky debate on a subject, which, thanks to the principle of subsidiarity, is not in the EU’s realm of governance.
In April, Belgium became the first EU state to ban the Burka when its Parliament’s lower house made wearing a full-face veil punishable by a fine, with repeat offenders facing short jail terms. France’s lower house also recently passed legislation “against the concealment of the face in public”, and Spain is to hold a similar vote later this year. Moves to ban the burka have been gathering momentum across Western European states, including the Netherlands and Germany. In the UK, a recent YouGov poll showed that 67% of citizens want to see the burka banned.
The Belgian Government argued that its ban would assert the country’s secular character, yet it was estimated that less than 400 women in Belgium wore the burka in public. Amnesty International has warned that Belgium and France risk breaking international law, as the ban violates the right to freedom of expression and religion for women who freely chose to wear a face veil. Such thoughts might have been behind Damian Green’s assertion that banning the burka is “unBritish”. It is also, therefore, likely to be “unEU-ish”, given the EU’s professed intention to uphold principles of democracy, human rights and religious freedoms. Critics of the ban are concerned that it could marginalise or alienate some Muslims from mainstream society, particularly if the move is seen to signify a wider prejudice against Islam by European governments in general.
Many in favour of banning the burka view it simply as a symbol of Islamification and female oppression. But, as Martin Parsons argues lucidly on the ConservativeHome blog, issues surrounding the burka are often more complex. Pewglobal’s research illustrates the startling divide in opinion either side of the Atlantic, with 72% of Germans, and 61% of Britons saying they would approve of a ban on the veil, compared to 65% of Americans saying they would disapprove.
EU Commission President Barroso is wisely trying to avoid becoming involved in this divisive issue, stating that decisions relating to religion remain the prerogative of national governments. However, the EU may not be able to avoid the issue indefinitely. For example, a major stumbling block to Turkey’s EU membership bid has been existing members’ unease over a Muslim state’s entry in to the EU. Therefore the likelihood is that the debate about the public display of religious symbols will beat a path back to the EU. And if it does, EU Leaders may struggle to stay silent on the issue if it is framed as a debate about freedom of expression and religion. That is, their attempt to promote democracy and freedom beyond EU’s borders may be undermined if their own member states are perceived to be doing the opposite.