Right: Deakin University professor Mirko Bagaric has written that "The stock-in-trade reasons given for banning the burqa are demonstrably flawed and are often no more than thinly-veiled anti-Muslim rants. There are no proven cases in Australia of criminals using burqas as disguises. So it is nonsense to challenge burqas on security grounds ... "
Further implications The future of the New South Wales legislation is likely to be determined by the discretion and sensitivity with which it is implemented. A number of Muslim leaders have indicated that they recognise why the law has been changed. If the new law is put into practice in a thoughtful manner then it may well gain general acceptance among Muslims living in Australia. Some Muslim spokespeople have stated that they would prefer that burqa-wearing Muslim women be given the opportunity to show their faces to female police officers. Clearly, if that is a possibility, it would be the most desirable manner in which to confirm an identification as it would respect the preferences of the Muslim woman concerned. It is also important that police officers not seek to make unnecessary identifications. The case of Carnita Matthews which precipitated the change of law in New South Wales began when Mrs Matthews was pulled over for a random breath test. Given that practising Muslims do not drink alcohol it would seem very unlikely that Mrs Matthews would have had an unsafe blood alcohol level. Critics argue that police are going to need to show greater cultural awareness and not check the identity of Muslim women when there is no real need to do so. It will also be interesting to see whether some Muslim women adopt a confrontational attitude when asked to reveal their faces. Carnita Matthews challenged the authority and conduct of the police officer who stopped her in a way which seems to have exacerbated the situation. It is possible that some Muslim women may refuse to reveal their faces to a male police officer and would risk imprisonment as a result. Such a development would clearly be undesirable and would harm relations between Muslim Australians and the general Australian community. On a more positive note, it is possible that the legislation about to be adopted in new South Wales may reduce demands that the burqa be banned in Australia. Identification and security are to of the main reasons offered for banning the burqa. If identification issues can be effectively addressed this may remove the pressure being exerted by some to have the wearing of the burqa prohibited. |