The legal anomaly on wearing a burka or niqab in public places has to be thoroughly studied for a common-sense and equitable approach to be adopted, according to Civil Rights Minister Helena Dalli.
The debate erupted after two Nationalist Party MPs posted a comment on Facebook saying the Criminal Code has to be amended to address the legal anomaly of women wearing burkas or niqabs in public.
Speaking in his personal capacity, shadow justice minister Jason Azzopardi called for a rational debate on the matter, free from prejudice. His Facebook post, supported by the Opposition’s spokesman on citizen’s rights and equality, Clyde Puli, proved to be one of the most popular on his wall.
Most said the burka – a long, loose garment covering the whole body from head to feet, worn by Muslim women – should be banned.
The minister reacted, saying the issue was a delicate one that should not be dealt with based on a populist approach. “The government doesn’t favour solutions by way of knee-jerk or populist reactions, which may well cause more problems than they resolve,” Dr Dalli said.
Wearing a burka or a niqab – a veil worn by some Muslim women in public, covering all of the face apart from the eyes – is in fact already banned in Malta.
The Criminal Code states it is a contravention if anyone “in any public place wears a mask, or disguises himself, except at the time and in the manner allowed by law”. This applies to both men and women and it is punishable by up to two months’ detention.
Dr Dalli pointed out there was an issue of legal interpretation due to an internal communication issued within the police force directing its officers not to enforce that clause in the law on people wearing a burka.
Muslim women understand the dilemma the country is facing. Umayma Elamin Amer, who set up the Women Migrants Association, told the Times of Malta the debate was a complex one, where the right balance had to be struck between respect for the law and the right to freedom of religious belief.
“No one can disagree with the issues related to law and security and everyone has to respect the law. At the same time, most women who wear it do so because of religious belief. It is a sign of worship. To deny them that is to deny them their freedom to believe,” Ms Amer said.
It is a sign of worship. To deny women that is to deny them their freedom to believe
She does not wear a burka or niqab but stressed that if women were asked to remove it that would be a very sensitive issue. “Our freedoms also need to be respected,” she added.
This is in line with what the minister told the Times of Malta on the need for a carefully studied solution based on equality. “The issue will be thoroughly studied and best practices in other countries examined to adopt a common sense and equitable approach,” Dr Dalli said.
Mr Puli addressed the “problem of burkas”, saying it was not one of religious tolerance but of women’s dignity and freedom – a view that contrasts with what Muslim women say. Yet their views may not reconcile with the views of Maltese women either. Lawyer Roberta Lepre, who works on human rights issues and supports victims of domestic violence, said the law banned the Muslim dress and it should not be amended.
Women’s rights organisations still need to look into the issue and take a position because the balance between different freedoms is not an easy one to achieve. While Muslim dress is an expression of religious belief, it is often regarded as a symbol of oppression in Western societies.
Another leading women’s rights activist also said her initial reaction would be that the law should not be changed, adding that when she entered a bank wearing sunglasses last week she was asked to take them off. “This is discrimination too,” she said.
The reason people are required to show their faces is because a lack of visibility increases either the risk of the commission of a crime or the difficulty for the police in their investigations.
France decided to ban the burka in 2010, a decision upheld by the European Court of Human Rights, which ruled that the law on religious headgear did not breach Muslim women’s rights.
For many men and women, the burka is a powerful symbol of the subjugation of Muslim women. Yet, international human rights organisations argue that those who want to help address this should start not by telling Muslim women how to dress but by tackling the root causes of this oppression: discrimination, lack of access to services and unequal economic opportunities.