42 Runnymede Perspectives 8. Headscarf Debates as a Prism for Conceptions of National Identity Sawitri Saharso and Doutje Lettinga University of Twente Enschede/VU University Amsterdam cannot wear their headscarf at work. Again, in Introduction 2001, when a court clerk was refused to wear a We have been involved in a European project headscarf, the Green Party’s MP, Femke Halsema, comparing the political debate and regulating of compared the headscarf to ethnicity, social class, the Islamic veil (see www.veil-project.org). Doutje or sexual preference. She claimed the idea that Lettinga and I constituted the Dutch team. Our the headscarf might be a symbol of oppression is contribution is based on the work we have done mistaken, as it is simply a symbol of identity. The for VEIL. All over Europe, headscarves, or more underlying problem is the discrimination Muslim generally the veil, have become a controversial women face from mainstream society. Therefore, subject.1 One important insight we gained from the Greens proposed that dress rules be adjusted comparing national cases is that the controversies so that Muslim women could participate in society. over the veil are in reality not so much about the veil The right to wear a headscarf was confirmed in a as about national identity. That is, about European policy directive in 2003. states reconfiguring and reconsidering themselves as they are becoming increasingly more multicultural In 2004, Stef Blok, the chair of the Commission and multi-religious societies in a globalizing world. Blok in charge of evaluating the integration policy, There are national differences in the response to the expressed the view which was dominant at the time: veil, but over time a convergence can be identified, “The main point is that it is someone’s own choice. which we find worrying because, in the end, it is If you want to restrict it, you need to show good limiting the space for Islamic women to choose reasons for it.” Public neutrality was considered whether they want to veil. We will illustrate our claim as an insufficient reason for restriction. It was not with data from our research on headscarf debates that the Dutch did not care about neutrality, but in France and the Netherlands, and conclude with they did not perceive the headscarf as a danger to some comparative observations with reference to public neutrality. This view was laid down again in Britain. a policy document. The preceding year saw cases in the courtrooms associated with the niqab. Two Dutch regulation is by and large accommodative, students brought a case before the Commission while French regulation has been prohibitive, on Equal Treatment, which was then dismissed culminating in the prohibitive laws of 2004 that forbid following the Commission’s judgment that a niqab the wearing of signs or clothing, such as the veil, is dysfunctional when teaching young children. which conspicuously manifest students’ religious However, in two other cases on the use of the niqab, affiliations in the realm of public schools. In this the Commission on Equal Treatment ruled in favour paper, we present an analysis of the political debates of the women. on the veil in France and the Netherlands covering the time period of 1989–2007. We review how the In 2005, right-wing politician, Geert Wilders, problem of the veil was defined and discussed in proposed a motion to the Dutch parliament to parliament to get a better understanding of these ban the burqa in public spaces. His proposal national differences in responses to the veil, and was strategically timed to be discussed during a also to see whether a change occurred over time. national debate surrounding terrorism. The burqa became framed as a problem of security and The Netherlands public order. Liberal MP Frans Weekers said: ‘When While the regulation on veiling in the Netherlands people cover their face in public, whether this is largely accommodative, we are seeing a gradual is with a burqa or with a balaclava, this seriously decrease in tolerance. An example of this occurred affects other people’s feelings of safety, and the in 1999, when a teacher-trainee was forbidden to concern for a civil public order involves that we wear a headscarf in the classroom. This sparked a do not tolerate such face covers.’ The burqa was small opposition party, Groen Links (the Greens), also framed as a symbol of gender inequality within to argue that it hampers emancipation if women Islam. A right-wing majority in Parliament voted Secularism, Racism and the Politics of Belonging 43 Table 1. The Netherlands Time and Frame Policy conflicts 1999 Not allowing headscarves hampers emancipation & Right to wear headscarves t e a c h e r integration, the problem is discrimination by society in schools and civil service t r a i n e e , (Green Party). Other parties: Mainly framed as confirmed in directive 2003 court clerk conflicting with neutrality, but not strong enough to warrant a ban. (but socialists associated niqab with Headscarf gender inequality within Islam) 2004 In general: right to religion trumps public neutrality Policy document: confirms right police except for certain functions (dress signalling authority, to wear the headscarf, except impartiality) (all parties except List Pim Fortuyn) for court personnel and certain N i q a b police functions (students) 2005-2007 Burqa framed as security & public order problem and 2009 law in preparation to ban Burqa as a symbol of submission. Must be banned therefore burqa and niqab in schools, labour (Geert Wilders Freedom Party, followed by majority market and public transport in Parliament) through a motion supporting prohibitive laws on to be very effective, and despite the militant lay-man the burqa. In 2009, the government announced its I am, I don’t accept a repressive aspect to be the plans to introduce regulations that would forbid the dominant face of laicité. Laicité wants to convince, wearing of all types of garments which cover the to persuade and to be shining. That is the laicité face (including balaclavas) in schools, both public that should be maintained in our schools. (..) The and private, for school-goers and visitors alike. The aim of our public and lay school is to welcome, to reasons given included issues on interpersonal persuade, to integrate, that means, to realize the interaction, communication, public safety and active goals of education in another way than through a citizenship. A directive has been sent to Ministerial politics of a priori exclusion.’ The Socialists saw departments to prohibit this type of clothing in public causes of the headscarf problem to include social offices as well. Wilders’ initial motion (to ban the deprivation and alienation, and they did not want to burqa in all public spaces) was rejected because further isolate Muslim girls in their communities. This it infringed on equality and religious freedom, and was reflected in their policy (see table below). was considered disproportional. This explains the more moderate law of the current government. During the 1990s, the Socialists gradually lost their trust in the integrative and emancipative power of France the public school, as Muslim girls stayed unwilling In 1989, three Muslim girls were excluded from a to give up their veil and hence appeared rather College in Creil. In what later came to be known as unassimilable on this point. The fact that girls the Creil affair, the socialist government condemned insisted on wearing the headscarf was no longer the ban on headscarves. Some wondered if this was considered as stemming from marginalization, but inspired by the displays of Dutch multiculturalism , framed as expressing separatism and political Islam but the Socialists had other reasons to oppose the and. the policy changed accordingly. ban. They agreed with the Right that the Republican’s promise of equality could only be maintained if At the turn of the 21st Century, the Socialists agreed citizens were treated as abstract individuals, instead with the analysis of the Right and the left-wing of as members of ethnic-religious communities. They parliamentary groups Republic et Liberté (RL) and defended their belief that the school would liberate Radicale, Citoyen et Vert (RCV) that some Muslims Muslim girls. Michel Rocard (then prime minister) rejected integration, secularism and the Republican said: ‘I don’t believe a pure authoritarian procedure project of equality. These fundamentalist groups forced their ideology upon others and particularly 44 Runnymede Perspectives Table 2. France Time & conflicts Frame Policy 1989 Headscarf in public schools conflicts with public Council of State: headscarves Creil affair, 3 girls neutrality (laïcité) & integration: symbol of not necessary incompatible with expelled from alienation (marginalization) & gender: the laïc laïcité, if not acts of pressure, school school liberates (socialist party) provocation, proselytism, propaganda 1994 Integration: headscarf symbol communalism, Decree Bayrou: ostentatious Several conflicts in rejection French values and political Islam symbols not allowed in public schools, strike on And a symbol of gender inequality (socialists schools, room to negotiate behalf gym teacher now follow right wing (RPR) + Republican left about ‘light’ scarves, bandanas (no headscarf for wing (Groups RL, RCV) safety reasons) 2004 Same frames, but become stronger (2002 Right Stasi commission Law: Commission Stasi wing UMP majority in parliament) + decree conspicuous religious signs or installed Bayrou ineffective, for still many conflicts clothing prohibited in public schools. Headscarves always conspicuous. threatened the freedom and equality of young tool to emancipate individual citizens from (Catholic) secular Muslim girls. We can clearly see this communities seeking to control their members. diagnosis in a legislative proposal of 2003, in which The French Republicans sought to secure national some Socialists proposed to ban all religious, cohesion by integrating citizens into a public realm political and philosophical symbols from schools where they were to share the same universal values (law proposition no.