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2010/09: Should Australia ban branding on cigarette packages?

2010/10: Should Australia ban the wearing of burqas?

What they said...
'The burqa is ... now emerging as the preferred disguise of bandits and ne'er-do-wells'
South Australian Liberal senator, Corey Bernardi

'No law enforcement agency has recommended to the government a ban on the burqa'
The Australian prime minster, Kevin Rudd

The issue at a glance
On May 6, 2010, Liberal South Australian Senator Corey Bernardi, issued a statement on his blog calling for a ban to be imposed on the wearing of the burqa.
Senator Bernardi claimed that wearing a burqa provided a disguise for criminals. He also suggested that wearing a burqa prevented Muslim women from joining in a typically Australian way of living. Those who come to Australia, Senator Bernardi argued, should be prepared to accept mainstream values.
The call was rejected by Australian Prime Minister, Kevin Rudd, largely on the grounds that no law enforcement agency had suggested to the government that banning the burqa was necessary as a crime prevention measure.
On May 20, 2010, Fred Nile's attempt to have his private member's bill calling for a ban on the burqa debated in the New South Wales Upper House was voted down by the other parties.
The issue appears to have attracted attention in Australia after a number of nations in Europe have acted to place legal restrictions on women wearing the burqa.

Background
(The following is a slightly edited version of the Wikipedia entry for 'Burqa'. The full text of the entry can be found at http://en.wikipedia.org/wiki/Burqa)

A burqa is an enveloping outer garment worn by women in some Islamic traditions to hide a woman's body when she is out in public. It is worn over the usual daily clothing and removed when the woman returns to her home and is out of the view of men who are not her husband or members of her immediate family.
The burqa is usually understood to be the woman's loose body-covering (Arabic: jilbab), plus the head-covering (Arabic: hijab, taking the most usual meaning), plus the face-veil (Arabic: niqab). The face-veil portion is usually a rectangular piece of semi-transparent cloth whose top side is sewn to the corresponding portion of the head-scarf, so that the veil hangs down loose from the scarf, and can be turned up if the woman wishes to reveal her face (otherwise the whole face is covered). In other cases, the niqab can be a side-attached cloth which covers the face below the eye region.
Many Muslims believe that the Islamic holy book, the Koran, and the collected traditions of the life of Muhammed, require both men and women to dress and behave modestly in public. However, this requirement, called hijab, has been interpreted in many different ways by Islamic scholars and Muslim communities.
The Koran has been translated as stating: 'Say to your wives and your daughters and the women of the faithful to draw their outergarments close around themselves; that is better that they will be recognized and not annoyed.'

Controversies involving the burqa
Face-covering clothing has become a controversial political issue in Western Europe, and some intellectuals and political groups have called for the prohibition of the burqa.
Clothing that covers a woman's face is currently causing controversy in the United Kingdom. A senior member of the government, Jack Straw, has asked Muslim women from his constituency to remove any veils covering their faces during face-to-face meetings with him. He explained to the media that this was a request, not a demand, and that he made sure that a woman staffer remained in the room during the meeting. A media furor followed. Some Muslim groups said that they understood his concerns, but others rejected them as the product of prejudice.
Wearing the burqa has been banned in French public schools since 2004, as the result of a law that prohibits students wearing any clearly visible religious symbols. This was followed on 22 June 2009, by the president of France, Nicolas Sarkozy, stating that burqas were 'not welcome' in France. The President further stated, 'In our country, we cannot accept that women be prisoners behind a screen, cut off from all social life, deprived of all identity'.
The French National Assembly appointed 32 lawmakers from right- and left-wing parties to a six-month fact-finding mission to look at ways of restricting its use. On 26 January 2010, the commission reported that access to public services and public transport should be barred to those wearing the burqa.
The Netherlands is likely to propose a country-wide ban as well.
On 29 April 2010, the lower house of parliament in Belgium passed a bill banning from streets and parks the wearing of any clothing that would obscure the identity of the wearer. The proposal is now to go to the Senate. The BBC estimates that 'Only around 30 women wear this kind of veil in Belgium, out of a Muslim population of around half a million.'
In Europe, several crimes have been committed by men or women using a burqa as a disguise in order to break into buildings. One such incident occurred on 6 May 2010, in Bury, when a robbery occurred in a jewellery shop. There were five robbers, the first of whom tricked the shopkeeper while wearing the full garment and then let his friends into the shop.

Internet information
On May 6, 2010, the ABC's Internet opinion site, The Drum, reproduced Senator Bernardi's blog, in which he calls for a ban on the burqa. The Senator's comments can be found at http://www.abc.net.au/unleashed/stories/s2892060.htm

On June 30, 2009, Age commentator, Virginia Haussegger, posted a blog comment titled 'Ban the Burka' in which she condemned the burqa as a symbol and means of female subjugation and criticised those Muslim women whom she believes conspire in their own oppression.
The full text of this comment can be found at http://virginiahaussegger.blogspot.com/2009/06/ban-burka-27-june-2009.html

On July 17, 2009, Julie Posetti responded to Virginia Haussegger in another blog posting titled, 'Banning the Burka: An "UnAustralian" Idea". In this piece Posetti argues at length against Haussegger's claims. The full text of Posetti's argument can be found at http://www.j-scribe.com/2009/07/banning-burka-unaustralian-idea.html

On March 21, 2010, the Internet site of the British newspaper The Guardian and The Observer published two opposing comments under the heading 'Is France right to ban wearing the burka in public?'
It gives the opinions of Egyptian-born columnist and lecturer Mona Eltahawy in favour of the proposed French ban on the burka in public; and actor and playwright Stephanie Street taking the opposite view.
The full text of these arguments can be found at http://www.guardian.co.uk/theobserver/2010/mar/21/debate-on-french-burka-ban

On May 7, 2010, Crikey published an opinion piece by Greg Barns arguing that Senator Bernardi's views were discriminatory and potentially in violation of Victoria's anti-racial vilification legislation. The full text of this comment can be found athttp://www.crikey.com.au/2010/05/07/corey-bernardis-sinister-plot-to-ban-the-burqa/

On May 14, 2010, The Daily Telegraph published a news report outlining Fred Nile's reasons for presenting to the New South Wales parliament a private members bill calling for the banning of the burqa. The full text of this report can be found at http://www.dailytelegraph.com.au/news/nsw-act/right-says-fred-nile-ban-the-burqa/story-e6freuzi-1225866326004

Arguments in favour of banning burqas
1. Burqas can be used by criminals to disguise their identities
It has been claimed that the burqa is a threat because it enables criminals to disguise their identity and commit crimes with less likelihood of being recognised and apprehended.
Senator Corey Bernardi has stated, 'The burqa is ... now emerging as the preferred disguise of bandits and ne'er do wells.'
Mr Bernardi then gave as an example a recent robbery committed by a man wearing a burqa. 'In Sydney this morning a man was robbed by a burqa wearing bandit who further disguised his (or her) identity by wearing sunglasses. The bandit was described by police as being of "Middle Eastern appearance".
Well of course he was (assuming it was a he) because the only characteristics the victim could see were the burqa and the sunglasses. Now unless the sunglasses had "made in Iran' stamped on them, it's fair to say that the "Middle Eastern appearance" line was attributed to the head to toe veiling of the Islamic burqa.'

2. Burqas encourage separatism and promote prejudice
It has been claimed that the burqa is a conspicuous symbol of some Muslims refusal to integrate into Western society. It has further been claimed that by wearing the burqa Muslim women actually foster anti-Muslim feeling via what is interpreted as their aggressive separatism.
Age columnist, Virginia Haussegger, stated in 2009, 'Wearing the burqa - or niqab - in Australia is an aggressive way of saying "I will not integrate into your society, and I care nothing for the cultural mores and social traditions of this country". Instead, the woman wearing it is demonstrating that she would rather submit to gender apartheid than embrace the social norms of this place. The burqa is an arrogant display of disrespect to Australia and the Australian way of life.'
It has further been claimed that to dress in this aggressively non-Western manner simply drives a wedge between Muslim women and the majority of non-Muslim Australians and as such fosters prejudice and ill-feeling.

3. Other forms of face covering are already prohibited
It has been claimed that it is unjust to allow the burqa when other forms of face covering such as balaclavas, ski masks and motorcycle helmets are prohibited.
Mr Bernardi has stated, 'As an avid motorcyclist I am required to remove my helmet before entering a bank or petrol station. It's a security measure for the businesses and no reasonable person objects to this requirement. However, if I cover myself in a black cloth from head to toe, with only my eyes barely visible behind a mesh guard, I am effectively unidentifiable and can waltz into any bank unchallenged in the name of religious freedom.'

4. Burqas are not a required religious observance for Muslim women
It has been argued that burqas are not a religious observance but a means of social control.
Liam Bartlett, a reporter with 60 Minutes, has stated, 'The Koran does not specifically mention the burqa. There is nothing that says it needs to be expressly worn to be a practising Muslim but that doesn't stop some zealots from claiming a law against it would be anti-Muslim. What it would be is pro-liberation.'
Relatedly, Egyptian-born columnist and lecturer, Mona Eltahawy, has claimed that burqas are part of an ideology that 'describes women alternately as candy, a diamond ring or a precious stone that needs to be hidden to prove her "worth". That is not a message Muslims learn in our holy book, the Koran, nor is the face veil prescribed by the majority of Muslim scholars.
It is instead a pillar of the ultra-conservative interpretation of Islam known as Salafism. It is associated with Saudi Arabia ... where it is clear that women are effectively perpetual children, forbidden as they are from driving, from travelling alone and from even the simplest of surgical procedures without the permission of a male "guardian".

5. Burqas are a restriction placed on women to limit their freedom
It has been claimed that wearing the burqa is a major restriction imposed on women.
Mona Eltahawy is an Egyptian-born commentator on Arab and Muslim issues has stated, 'I am a Muslim, I am a feminist and I detest the full-body veil, known as a niqab or burqa. It erases women from society...'
Mona Eltahawy has further stated, ' the ideology that promotes the niqab and burqa does not believe in the concept of women's rights to begin with'.
In an opinion piece published in The Age on May 21, 2010, Virginia Haussegger has stated, 'The burqa has nothing to do with ethnic diversity and everything to do with a war against women. Those who wear it, and those who insist it be worn, subscribe to an ideology in which women are inferior sexual temptresses, whose female form is a problem and must be covered. This is based on the contradictory proposition that men are both superior and yet unable to control their sexual urges if they see women in their natural human state. If this wasn't deadly serious, it would be funny.'
Opposition spokeswoman for women Pru Goward has said the burqa does not fit with her view of women's rights.
Liam Bartlett, a reporter with 60 Minutes, has stated, 'Tolerating the burqa is not about multicultural harmony, it merely allows us to turn a blind eye to subjugation. In all my travels through the Middle East, I have never seen any burqa-clad woman walking less than three paces behind her husband.'
Age columnist, Virginia Haussegger, stated in 2009, 'For a woman to argue she feels more comfortable hidden beneath her burqa, away from the gaze of men, is unacceptable in modern society. Such a claim represents total submission to sexual subordination. That sort of thing might have been understandable - perhaps even forgivable - when women were uneducated and utterly dependent on men for food, shelter and protection. But women must no longer agree to such secondary status.'

6. Those who live in Australia should be prepared to adhere to Australian customs
The wearing of the burqa is an oppressive measure that is contrary to Australian values. Those coming to live in Australia should be prepared to abide by the values that are part of Australian life.
Senator Bernardi has stated, 'In my mind, the burqa has no place in Australian society. I would go as far as to say it is un-Australian. To me, the burqa represents the repressive domination of men over women which has no place in our society and compromises some of the most important aspects of human communication...
Equality of women is one of the key values in our secular society and any culture that believes only women should be covered in such a repressive manner is not consistent with the Australian culture and values.'
Developing this idea further, Senator Bernardi has gone on to claim, 'New arrivals to this country should not come here to recreate the living environment they have just left. They should come here for a better life based on the freedoms and values that have built our great nation.'
Age columnist Virginia Haussegger stated in 2009, 'Islamic fundamentalists view Australia, and all Western democracies, as immoral and decadent - because the women are free. Australia must not allow that radical and overt tool of fundamentalism - the burqa - to be worn here. It defies our cherished values of equality and freedom.
Wearing the burqa - or niqab - in Australia is an aggressive way of saying "I will not integrate into your society, and I care nothing for the cultural mores and social traditions of this country". Instead, the woman wearing it is demonstrating that she would rather submit to gender apartheid than embrace the social norms of this place. The burqa is an arrogant display of disrespect to Australia and the Australian way of life.'

Arguments against banning burqas
1. Burqas are an expression of religious faith and should be tolerated
It has been claimed that banning the burqa would be an attack on freedom of speech and religious tolerance in Australia.
Labor's Shaoquett Moselmane, the first Muslim MP in the NSW parliament, responded vigorously to Fred Nile's private member's bill introduced into the New South Wales parliament calling for a ban on the burqa. Mr Moselmane stated, 'There is no urgency required to expedite further divisions amongst our harmonious multicultural community.
There is no urgency in spreading further fear and hatred in our community.
There is no urgency for freedom of speech, expressions of individual rights to be trashed by this bill.'
Kuranda Seyit is the executive director of the Forum on Australia's Islamic Relations (FAIR)has stated, 'The burqa is not common amongst Muslims, but for those who believe that they must wear it here in Australia, we cannot tell them what they can and cannot wear.
This country allows women to take off all of their clothes except for a bikini brief, why cannot it allow people to cover their faces in public, if that is what they believe?'

2. Some Muslim women freely choose to wear a burqa
It has been claimed that for the small number of Muslim women who wear the burqa this practice is a matter of choice, that is, they wear it of their own free will.
It has been claimed that it is an indication of cultural prejudice that Westerns believe that Muslim women have the burqa imposed upon them rather than choose to wear it.
Liz Conor, the author of The Spectacular Modern Woman: Feminine Visibility in the 1920s and a research fellow in the Department of Culture and Communication at the University of Melbourne, has stated, 'We haven't bothered to ask Muslim women what the burqa means to them, because we've fallen into an entrenched colonial habit of thinking ''less civilised'' women are oppressed and need us to liberate them, this time with spectacular arrogance, by banning them from having any choice.'
Connor argues that we have mistaken physical appearance for female independence and in the process have ignored that many Muslim women who wear the burqa do so willingly. She also notes that there are many ways for a woman to express her individuality other than through dress. She states, 'The condemning of the burqa is another round in our habitual failure of imagination when facing off with difference. If we listened respectfully we'd find a wealth of Muslim women who assert their identities unequivocally, with their voices.'
Similarly, British playwright, Stephanie Street, who has interviewed numerous Muslim women has stated, 'To whatever extent a Muslim woman chooses to practise it, modesty is a central concern within the religion (for men as well, although this is often ignored). Everyone I spoke to who wore Islamic dress did so because this issue of modesty is sacrosanct, and they felt liberated not being judged on their appearance. And those who choose to wear the niqab are doing that to an extreme.'
Muslim spokesman, Keysar Trad, has stated, 'While I don't advocate the face cover, I will defend the rights of any Muslim woman who wishes to wear it and if she doesn't choose to wear it, I defend her as well.'

3. No other form of headgear has been totally prohibited
It has been argued that it would be extreme and discriminatory to impose a total ban on the wearing of burqas as no other head gear has been treated in this way. The Deputy Prime Minister, Julia Gillard, has argued, for example, that the use of ski masks in robberies had not led to a total ban on ski masks.
It has been noted that, although there are prohibitions on balaclavas, ski masks and motorbike helmets, these only apply in areas deemed to be significant security risks such as banks and airports. There is not a general ban on the wearing of these items.
Thus, critics of such a ban on burqas claim, there should be no general restriction on women wearing this form of dress.

4. Banning the burqa would foster anti-Muslim prejudice
It has been claimed that to associate a particular racial group with female oppression and to identify them as at particular risk of committing crimes is racial stereotyping and religious vilification.
Journalist, Julie Posetti, has argued, 'The perpetuation of stereotypes such as the suggestion all women who wear the burqa are concurrently oppressed & threatening, in combination with fear of difference, have exposed Muslim women to racist attacks in Australia. In the aftermath of Sept 11, and the Bali & London bombings, they were spat on, their veils were ripped off...they were verbally assaulted. Debates like this can make Muslim women feel at risk, rather than liberated. And they can actually put them at risk when they overflow into violence: in Germany earlier this month, a veiled Muslim woman was stabbed to death in the courtroom she was applying to for justice by the man she accused of racially vilifying her. '
In terms of such views being racially discriminatory, Greg Barns commented on The Crikey website on may 7, 2010, 'To associate persons wearing a burqa with criminal conduct is taking an already extreme argument to a new level, and one that should cause law enforcement agencies and governments around Australia to examine carefully what Senator Bernardi is saying.
There are laws in Queensland, Victoria and Tasmania which make religious vilification illegal. Senator Bernardi's comments have been published in each of these jurisdictions and so attract the operation of those laws.'

5. There has been no call from police or other authorities for a ban
At this point no law enforcement agency has called for a ban on burqas. Those who oppose a ban claim that if there were a serious law enforcement issue then some police force, either state or federal, would have requested that they not be worn. This has not occurred.
The Prime Minister, Mr Kevin Rudd, has noted, 'No law enforcement agency has recommended to the government a ban on the burqa.'
Relatedly it has been claimed that banning the burqa would not be an effective measure against those who use it to commit crimes. On May 6, 2010, Ozsoapbox stated, 'Would banning the burqa to stop potential burqa crime have any real effect?
Think about it. You're a criminal and at most you know you're going to spend less then ten minutes out in the open wearing a burqa whilst you commit your crime. Do you really think a burqa ban is going to stop you?
Typically whatever crime you're about to carry out, whether it be robbery, assault, rape or whatever whilst wearing a burqa is going to be more serious then then the illegal act of wearing the burqa itself.'

6. The call for a ban is politically motivated
It has been claimed that senator Bernardi's call to ban the burqa was an attempt to gain a political advantage for his party by exploiting anti-Muslim feeling.
The Prime Minister, Kevin Rudd, has accused the Opposition of playing a cynical political exercise by floating the idea of banning the burqa. Mr Rudd stated, 'I think they are walking both sides of the street on this one ... having someone like Mr Bernardi go out there and talk this up. It's a pretty interesting exercise in cynical politics.'
Mr Rudd's implication appears to be that Senator Bernardi, as a relatively minor representative of his Party, was acting as a stalking horse for the issue, so that if it then appeared attractive to a significant number of voters, his leader, Tony Abbott, could then come in behind it.

Further implications
It seems unlikely that any general ban will be placed on the wearing of the burqa in Australia. The most that seems in any way possible is that there will be consideration given to whether the burqa should be banned in areas such as banks and airports. Were this to happen, it would bring the burqa into line with other items of clothing such as balaclavas and ski masks which are already banned in these places.
However, it is worth noting that the burqa has a significance beyond that of a balaclava, a ski mask or a motorcycle helmet. The burqa is a culturally and religiously significant item for many Muslims. Were it to be banned this would be construed by this group as an attack on their faith and their culture. It is interesting that in the current debate Muslims who do not favour the burqa have come out in support of the rights of those Muslim women who choose to wear it.
Challenging the burqa is likely to drive a wedge between many Muslims, both moderate and conservative, and other Australians. Paradoxically, a ban on the burqa could well set back the cause of Muslim assimilation in Australia.
This is such a potentially contentious in Australia because it sets various of our legally sanctioned values on a collision course. We have laws that prohibit sexual discrimination. Viewed from a Western perspective, the burqa is a sexually discriminatory item of clothing. However, we also have laws that prohibit racial discrimination and religious vilification. Banning the burqa would seem to contravene the values inherent in the latter two sets of laws. It is difficult to appreciate that some women do not share the Western view of what constitutes liberation, indeed they may well attribute an importance to obedience that makes Western concepts of freedom and independence irrelevant to them.

Newspaper items used in the compilation of this issue outline
The Australian: January 28, page 8, comment by Alice Thomson, `Not being racist, but Burka is wrong'.
http://www.theaustralian.com.au/news/opinion/not-being-racist-but-burka-is-wrong/story-e6frg6zo-1225824094749

The Age: January 27, page 9, news item (photo), `French panel calls for partial ban of full veil'.
http://www.theage.com.au/world/french-panel-calls-for-partial-ban-of-full-veil-20100126-mw9f.html

The Australian: February 4, page 14, comment by Greg Sheridan, `France's burka ban a boost for equality'.
http://www.theaustralian.com.au/news/opinion/frances-burka-ban-a-boost-for-equality/story-e6frg6zo-1225826508079

The Australian: February 1, page 9, comment by Sally Neighbour, `Hidden danger in tampering with the veil'.
http://www.theaustralian.com.au/news/world/hidden-danger-in-tampering-with-the-veil/story-e6frg6ux-1225825212871

The Age: February 27, Insight section, page 7, analysis by Jason Koutsoukis, `Veil's symbolism obscured by clash of cultures'.
http://www.theage.com.au/world/veils-symbolism-obscured-by-clash-of-cultures-20100226-p94g.html

The Australian: April 6, page 6, news item by David Charter, `Continental bid to remove veil in the face of Islamic extremism'.
http://www.theaustralian.com.au/news/opinion/continental-bid-to-remove-veil-in-the-face-of-islamic-extremism/story-e6frg6zo-1225850031714

The Australian: April 24, page 21, news item by Emma-Kate Symons, `French burka ban lifts veil of division'.
http://www.theaustralian.com.au/news/world/french-burka-ban-lifts-veil-of-division/story-e6frg6so-1225857606421

The Australian: May 1, Inquirer section, page 6, comment by Tim Soutphommasane, `Burka ban a headache for a liberal society'.
http://www.theaustralian.com.au/news/opinion/burka-ban-a-headache-for-a-liberal-society/story-e6frg6zo-1225860507040

The Age: May 1, page 16, news item, `Belgium bans Muslim veil in public'.
http://www.theage.com.au/world/belgium-bans-muslim-veil-in-public-20100430-tzcu.html

The Age: May 13, page 12, news item, `French assembly moves to ban burqa'.
http://www.theage.com.au/world/french-assembly-moves-to-ban-burqa-20100512-uy0n.html

Herald-Sun: May 8, page 15, "investigative" news item (photo) by Ruth Lamperd, `Behind the burka'.
http://www.heraldsun.com.au/news/herald-suns-ruth-lamperd-hits-melbournes-streets-in-a-burqa/story-e6frf7jo-1225863827309

The Age: May 8, Insight section, page 9, comment by Samah Hadid, Rayann Bekdache, `What women wear is their business'.
http://www.theage.com.au/opinion/society-and-culture/what-women-wear-is-their-business-20100507-ujlz.html

The Age: May 8, page 13, news item by Katharine Murphy, `Rudd and Gillard disagree on burqa'.
http://www.theage.com.au/national/rudd-and-gillard-disagree-on-burqa-20100507-uju6.html

The Age: May 7, page 3, news item (ref to robbery by man in burka) by Katharine Murphy, `Burqa theft prompts Abbott to echo Howard's concerns'.
http://www.theage.com.au/national/burqa-theft-prompts-abbott-to-echo-howards-concerns-20100506-ugyl.html

The Age: May 16, page 17, analysis / interview with author Ayaan Hirsi Ali) by Emma Brockes, `An infidel's progress' (incl ref to status of women in Muslim society).
http://www.theage.com.au/world/an-infidels-progress-20100515-v5ik.html

The Age: May 16, page 19, comment by Liz Conor, `The West veils plenty when it condemns the burqa'.
http://www.theage.com.au/opinion/society-and-culture/the-west-veils-plenty-when-it-condemns-the-burqa-20100515-v5hh.html

The Age: May 26, page 6, news item by Michelle Grattan, `Most would back burqa ban'.
http://www.theage.com.au/national/most-would-back-burqa-ban-20100525-wb1g.html

The Age: May 21, page 15, comment by Virginia Haussegger, `The burqa is a war on women'.
http://www.theage.com.au/opinion/society-and-culture/the-burqa-is-a-war-on-women-20100520-vnp3.html

The Age: May 29, page 15, comment / personal experience by Selma Milovanovic, `Dressing to discourage prying eyes ... but to little avail'.
http://www.theage.com.au/world/dressing-to-discourage-prying-eyes--to-little-avail-20100528-wlid.html