SHARE
COPY LINK
For members

OPINION AND ANALYSIS

OPINION: Why Switzerland’s new ‘burqa ban’ law serves no real purpose 

Condemned by the United Nations refugee agency as “discriminatory and regrettable”, last year’s vote to outlaw certain face coverings in Switzerland is soon to pass into law. Clare O’Dea explains why the law will help no-one. 

(Photo by Fabrice COFFRINI / AFP)
A picture taken on February 4, 2021 in Lausanne shows an electoral poster in favour of a "burqa ban" initiative reading in French: "Stop extremism!" ahead of the nationwide vote by Swiss citizens on whether they want to ban face coverings in public spaces or not. Photo: Fabrice COFFRINI / AFP

A year and a half after the March 2021 vote on face coverings, which was passed by a 51.2 percent majority, the government finally delivered its draft law to parliament for approval last month. Those caught in breach of the law, if approved in its current form, will soon face a fine of 1,000 francs. 

If there was a political award for irony, the vote, known as the ‘burqa ban’ would be the overall winner. At a time when all Swiss residents were covering their faces in public due to Covid, a majority of voters accepted the principle that face coverings should be banned. 

Not all face coverings, mind you, just face coverings worn for criminal or religious reasons. Switzerland does have a minor issue with rampages of masked people at sports events and demonstrations but, taking into account the religious focus of the organisation behind the campaign, the hooligan problem appears to have been tagged on for cynical reasons. 

What the lumping together of the two groups does, accidentally on purpose, is cast Muslims as a threat to security. Even though the supporters of the burqa ban argue that only political Islam or extremists are targeted by their campaign, the Muslim community in general is stigmatised when posters of angry-looking veiled women are found on every street corner. It’s just another way of keeping xenophobia topped up.   

READ ALSO: What impact will the burqa ban have on Switzerland?

Who is the law really aimed at?

It will take time for parliament to agree all the details of the law. The as yet unscheduled debate will provide another platform to the advocates of the ban, who are likely to be dissatisfied with what is seen at this stage as a watered-down version of the law they fought for. Calls to anchor the ban in the criminal code and fine offenders up to 10,000 francs were not heeded by the government. 

Does Switzerland have an issue with Muslim women covering their faces in public? Not if you consider the make-up of the community. Some five percent of the Swiss population is Muslim, most of whom are immigrants or descendants of immigrants from countries where the niqab or burqa are not traditionally worn. 

Ahead of the March 2021 vote, researchers from the University of Lucerne found that fewer than 40 women nationwide wore the niqab (veil covering the face apart from the eyes) and the burqa (which covers the entire body with a screen for the eyes) was not seen in Switzerland. 

The research found that the small number of niqab-wearing women do not fit the stereotype of the poorly-integrated victim forced to hide her face from the world. Niqab wearers were more likely to be well educated or Swiss converts to Islam. 

File photo shows two women wearing a burqa

File photo shows two women wearing full body coverings. Burqas and certain other face concealments will not be allowed in Switzerland under new law. Photo by LAKRUWAN WANNIARACHCHI / AFP

The burqa ban initiative took its cue from the canton of Ticino, which introduced a similar law in 2015 following a local vote. At the time, Ticino was welcoming 40,000 middle eastern tourists per year. 

Either the tourists complied with the law or the law wasn’t really being enforced. In the first two years after the ban, charges were brought against only five women wearing veils in Ticino. 

Face covering ban ‘helps no-one’

I don’t know who the winners are here, apart from the companies renting outdoor billboard space. After all the expense and high blood pressure, the signature gathering and heated debate, a problem that never really existed will continue to not really exist. One thing is sure, the state will never earn back its costs in fines. 

For the record, it is worth noting where this campaign came from and who gains from all this publicity. The campaign is a project of the Swiss People’s Party spin-off, the Egerkinger Committee, the same association that delivered the successful minaret ban vote in 2009. 

In its own words, the committee “leads and organises resistance against the claims to power by political Islam in Switzerland”. The association was founded in a hotel in Egerkingen in canton Solothurn from where it took its name (against the wishes of Egerkingen, as it turns out).

Switzerland is not alone in taking a hard line against the strictest version of Islamic dress codes. Neighbouring countries France and Austria, along with three other European countries, have already banned the wearing of the niqab or similar in public. 

READ ALSO: What is Switzerland’s ‘anti-burqa’ initative all about?

There is an uncomfortable alliance between feminists who have long campaigned against religious practices that disproportionately restrict and control the lives of women, and right-wing nativists who would prefer not to have a Muslim population in their country at all. That overlap probably helped to swing the Swiss vote on face coverings. 

Most people who grow up outside an extremely strict Islamic tradition, such as the culture of some Gulf states, feel unease at the idea of women covering their faces in public because they are women. At the same time, they feel unease at telling women how to live their lives. 

This is the grey zone that unnecessary political campaigns like the burqa ban initiative exploit, creating laws that are tricky to enforce and helping no-one. 

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

REFERENDUMS IN SWITZERLAND

Swiss voters approve boost to pension payments

Swiss voters on Sunday overwhelmingly backed a proposal to increase pension payments, a move hailed as "historic" by backers at a time when the country's ageing population faces surging living expenses.

Swiss voters approve boost to pension payments
A call by trade unions to add a 13th monthly pension payment each year secured nearly 60 percent backing, final results showed.
 
But a separate vote to raise Switzerland’s retirement age to 66 from 65 was soundly rejected by three-quarters of voters.
 
The AVIVO pensioners’ association hailed the pension increase as “a historic victory”.
 
Switzerland’s Greens Party also celebrated a “significant victory… for the many retirees who will see their situations improve”.
 
While opinion polls had indicated strong popular support for the “Better living in retirement” proposal, suspense had lingered on whether it would secure the necessary majorities in most of Switzerland’s 26 cantons.
 
But in the end, the initiative won the double-majority needed to pass, with backing from 58.24 percent of voters and 16 cantons.
 
Ten cantons rejected the move, the results showed, while support soared above 70 percent in six cantons, including over 82 percent in the western Jura region.
 
 
Sunday’s vote marks the first time that Swiss voters have accepted a popular proposal to alter the country’s social security system, according to the ATS-Keystone news agency.
 
It is also the first time Swiss trade unions have succeeded in pushing through an initiative at the polls under the country’s direct democratic system.
 
Soaring costs’

The “Better living in retirement” proposal calls for a 13th monthly pension payment each year, similar to the “13th month” salary many employees receive in Switzerland and other European countries.

Monthly social security payments in Switzerland can rise to 2,450 Swiss francs ($2,780) for individuals and 3,675 francs for married couples.

READ ALSO: What is Switzerland’s 13th-month pension plan and why are they voting on it?  

The payments do not go far in a country consistently ranked among the most expensive in the world.

Rent for a typical two-bedroom apartment in Swiss cities is at least 3,000 francs, and a coffee costs upwards of five francs.

“There is a purchasing power crisis,” said Pierre-Yves Maillard, head of the Swiss Trade Union Federation (SGB) and part of the “yes” campaign.

“Retirees are seeing their living standards erode,” he told AFP last week.

“The cost of living just keeps soaring,” agreed Jakob Hauri, a retiree quoted by the campaign.

People power

Left-leaning parties supported the initiative, which was fiercely fought by right-wing and centrist parties, as well as the Swiss government and parliament.

The government warned the proposed hike would cost more than four billion Swiss francs a year, which would require tax increases and could threaten the financial stability of the social security system.

It also said there would be limited social benefit from the proposed change, which would hand additional payments to all pensioners, regardless of their financial situation.

“If the initiative passes, a lot of retirees will receive a 13th social security payment even though they don’t really need it,” the government warned.

But the Swiss Trade Union Federation (SGB) said Sunday’s vote results “clearly show that the government, a majority of the parliament and employers have for too long ignored the pension problem”.

Its chief, Pierre-Yves Maillard, told public broadcaster RTS on Sunday that the win was “a wonderful message to all those who have worked hard all of their lives”.

It is proof, he said, that “it is the people who have the power in Switzerland”.

Retirement age unchanged

A second issue on the ballot Sunday seeking to raise the retirement age was soundly rejected.

A full 74.72 percent of voters turned down the proposal by the youth branch of the right-wing Liberal Party to gradually raise the retirement age from 65 to 66 over the next decade, a moved aimed at ensuring full financing of the pension system.

A majority of voters in every Swiss canton rejected the proposal, which came less than two years after voters narrowly opted to raise the retirement age for women from 64 to 65, to match the retirement age for men.

Voter participation is generally low in Switzerland’s popular votes, which are held every few months, and rarely inches above 50 percent.

But Sunday’s issues sparked heated debate and participation reached more than 58 percent.

 

SHOW COMMENTS