France Votes Yes
2010; Middle East Forum; Volume: 17; Issue: 4 Linguagem: Inglês
ISSN
2767-049X
Autores Tópico(s)Multiculturalism, Politics, Migration, Gender
ResumoOn July 13, 2010, France's lower house of parliament, National Assembly, approved a bill outlawing wearing of clothing intended to hide in public spaces and slapping a fine and possible jail time on offenders;1 on September 14, bill was also approved by French senate.2 While bill refrained from mentioning specific communities or religions, it was common knowledge that it was primarily aimed at Muslim full body and face-concealing garments, niqab and burqa. Justice Minister Michele Alliot-Marie, who presented bill to parliament, had specifically argued that being forced to wear these Muslim garments amounts to being cut off from society and rejecting very spirit of French republic that is founded on a desire to live together. President Nicolas Sarkozy was even more forthright, stating that the burqa is not welcome in France because it is contrary to our values and contrary to ideals we have of a woman's dignity.3 An increase in number of immigrants and converts to Islam in France wearing full-face cover had set off alarm bells about indigenous culture and traditions,4 and prolonged parliamentary debates preceding vote had centered on fears for future of French values and republic. How well founded were these fears? And why did government decide to predicate ban on a religiously and ethnically-neutral rationale than on actual considerations underlying it? RUN-UP TO THE VOTE The 577-seat National Assembly approved law with 335 votes to one out of a total of 339 votes. After having been amended, bill set a maximum of a euro150 fine per breach and penalties of up to euro30,000 and a year in jail (doubled if victim is a minor) for anyone forcing a person to cover his or her face in public.5 Democracy thrives when it is open-faced, enthused Alliot-Marie.6 Opponents of bill quickly pointed to small number of women wearing burqa and niqab; and indeed, a 2009 Ministry of Interior study estimated number of women wearing burqa and niqab at 1 ,900, including 270 living in French territories overseas.7 Yet it was not scope of phenomenon that alarmed both parliamentarians and public at large - a Pew Research Center poll done in April and May 2010 found that 82 percent of French voters favored ban8 - but its underlying trends, notably that two-thirds of niqab and burqa wearing women were of French nationality, including many second and third generation immigrants. THE SITUATION IN EUROPE The bill put France at forefront of proactive states within European Union, alongside Belgium, which had passed a similar law on April 29, 2010.9 The Spanish government, after some local initiatives to ban fullface covers in public buildings, intends to present a law on freedom of religion that will restrict their use in public places.10 In Germany, there is no general prohibition on concealing face though issue has been hotly debated for quite some time, and a few local bans, especially in schools, have taken place. In Denmark, wearing burqa and niqab in public places has been restricted since January 20 1 0 while in Netherlands, several bills prohibiting burqa and niqab, notably in education and public sectors, are under preparation. In Britain, by contrast, newlyformed Conservative-Liberal-Democrat coalition seems to have taken a contrarian approach; Immigration Minister Damian Green precluded such a move as rather un-British while Environment Secretary Caroline Spelman suggested that wearing burqa could be seen as an empowering feminist statement.11 This diversity of official attitudes and legislative approaches underlines relative absence of an official EU position as Brussels prefers to leave its member states wiggle room to legislate on matter so long as they respect European Convention on Human Rights. …
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