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BAKU: `Zerkalo': Wearing Hijab (Headscarf) to be Prohibited

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  • BAKU: `Zerkalo': Wearing Hijab (Headscarf) to be Prohibited

    DemAz.org, Azerbaijan
    Dec 5 2007


    `Zerkalo': Wearing Hijab (Headscarf) to be Prohibited
    05.01.2008


    At least in education centers, as envisaged by the draft law `On
    Education'

    Center on protection of freedom of religion and freedom of conscience
    protests against prohibition on allowing girls wearing headscarf to
    studies envisaged in new draft law `On education' of Azerbaijan.

    `We even don't want to believe that the law will be adopted in such
    form. If hijab is prohibited in educational centers, thousands of
    people will be deprived of such human rights as getting education,
    observance of outward appearance in accordance with their religion',
    Ilgar Ibrahimoglu said to `Trend'.

    One of the items of new draft law `On education' reads: `Students,
    teachers and other employees shall not be allowed to attend any
    education centers of the Republic of Azerbaijan in headscarves
    (hijab, yashmak etc.) and other religious clothing'. To date citizens
    enjoyed freedom of choice connected with wearing headscarf and
    attending studies. Accordingly to Ibrahimoglu, new item prohibiting
    wearing hijab is directed against rights of people and it contradicts
    to principles of Constitution which ensures freedom of religion; the
    item also contradicts to requirements of international-legal
    documents to which Azerbaijan is a party.

    `If such law is adopted then parliament will demonstrate total
    disrespect to national and moral values, and Azerbaijan will turn to
    be in regressive state from the point of view of violation of human
    rights: said he. The above mentioned center having addressed to
    President of the Republic of Azerbaijan, Milli Mejlis (National
    Parliament), asked to remove this item from the draft and to provide
    protection of the rights of believers. Addressed to society, civil
    society structures, center called to assist in removing the item
    which violates human rights. Accordingly to chairman of Milli Mejlis
    commission on science and education, Shamsaddin Hajiyeva, religious
    clothing shouldn't be worn in education centers. Azerbaijan is
    secular state and accordingly to Constitution religion is separated
    >From state, he said.

    Human rights activist, Saida Gojamanli, holds that prohibition on
    wearing hijab is violation of the rights of believers; she sees
    serious danger in these innovations. `If hijab is prohibited by law
    confrontation may raise in our country. Believers can leave our
    country. To date Azerbaijan was left for political persecutions. If
    citizens ask political asylum from other countries because of
    violation of religious rights, Azerbaijan will be disgraced in the
    eyes of world community', Gojamanli said.

    Accordingly to her, developed countries of the world do not prohibit
    wearing hijab in educational centers, and Azerbaijan should take use
    of this experience.

    As head of section of the State Committee for the Work with Religious
    Associations of Azerbaijan, Gunduz Ismailov, told `Trend' in
    Azerbaijan everyone has right to live and to wear in accordance with
    his or her religion. However, in educational institutions hijab
    related issue should be approached in frames of the law. `In
    Azerbaijan there is decision on the use of the one uniform in
    educational institutions, and everyone should follow it. That is why
    it is wrong to attach religious tint to hijab wearing, to present it
    as violation of freedom of conscience', - G. Ismailov said.
    Unlike human rights activist, representative of State Committee holds
    that prohibition on wearing hijab won't cause any danger in the
    country. Accordingly to official information of the State Committee
    for the Work with Religious Association, Muslims make up 96% of
    population of Azerbaijan, of them 65% belongs to Shii current and 35%
    - to sunni one.

    Current law on education of the Republic of Azerbaijan was adopted in
    1992. Since 1995 parliament started preparation new law, however,
    over 12 years, it hasn't been adopted. It is expected, that December
    28, at the last meeting of autumn session of the parliament, new
    draft law will be presented for discussion.

    Thus, those who advocate prohibition on wearing hijab are referring
    to article 18 of the Constitution of Azerbaijan, following to which
    religion is separated from state, all religions are equal before law
    and state education system is of secular nature.

    It is marvelous how our authorities create additional problems for
    themselves. Yes, actually Azerbaijan is secular state and state
    educational system should be of secular nature. However, arguments of
    those who advocate prohibition on wearing hijab are beneath
    criticism. First of all what relation form of wearing has to the
    issue as part of Muslim women believes that it is their duty to wear
    hijab? Does form of wearing show secular or religious nature of
    education system? It is curriculum approved by Ministry of Education
    that defines whether the said nature is of secular or of religious.
    Moreover, it is not clear how hijab being headscarf can impede the
    use of one uniform in all educational institutions? Does Ministry of
    Education really intend to put the same caps or hats with ear-flaps
    on our children just like in army?

    Secondly, if so, then our presidents shouldn't take an oath on
    Constitution and Quran. But hardly someone will evaluate the fact
    that our presidents take oath on Quran during inauguration as the
    showing of religious nature of Azerbaijani state system.

    Thirdly, actually with such restrictions Milli Mejlis will deprive
    Azerbaijani citizens the right to education as any believing Muslim
    women will face dilemma: to observe what is required by Islam, or to
    get education. We should confess that the choice is not easy. In
    short, such measures are gross violations of constitutional rights of
    citizens. Constitution guarantees freedom of religion not connecting
    it with restriction of other rights of citizens including right to
    education. And it turns out to be that if someone wants to be
    faithful Muslim observing all rituals, then he or she should give up
    the rights to education. And without it, in some regions of our
    country problems concerning getting secondary education by girls
    raise starting from definite age.

    Fourthly, such prohibitions contradict to obligations of Azerbaijan
    before Council of Europe. As known, one of such obligations is
    adoption of the law on alternative service. That is, citizens of
    Azerbaijan who, for some serious reasons, including religious ones,
    don't want to serve in army should legally enjoy the right to
    alternative service. Azerbaijan is ready to adopt such law. Delay is
    explained by frozen Armenian-Azerbaijani conflict on the Upper
    Garabagh.

    It is interesting that not Islam but some Christian currents and some
    other faiths prohibit to take arms. It turns to be that Azerbaijan
    even being secular state is ready to take peculiarities of other
    faiths into account and to present them to their representatives
    living in Azerbaijan. But it doesn't concern followers of Islam. And
    at last, fifthly, apply of such prohibitions is not efficient from
    the point of view of political expediency. Most probably, with such
    prohibitions authorities are trying to restrict influence of radical
    Islamic groups on youth.

    It should be taken into consideration that prohibition measures of
    such kind as rule have converse effect.

    We can assume that after introduction of the mentioned prohibition
    sympathies of believers to radical currents which in fact come for
    the change of secular nature of Azerbaijani state will raise. First
    of all due to the fact that moderate Muslim believers will directly
    connect restrictions of their rights with secular nature of our
    state. If any rules are not convenient for part of population, its
    striving for establishing the other, acceptable ones is natural. And
    such prohibition measures will be met with hostility by overwhelming
    Muslim majority.

    At the same time authorities will oppose all clergy and all existing
    Muslim communities. Today some will show discontent openly, the
    others will bear anger and will wait for the better moment. But
    combat religion with prohibition measures is not fruitful as there
    exist net of mosques where believers will gather and time from time
    they will show their discontent. And we won't close mosques
    everywhere.

    However, it is not possible to say that in education centers there is
    no problem relating to believers. The problem is that some
    believers-teachers and students, by the way, are actually carrying
    out religious propaganda with the use of psychological pressure on
    surrounding people. And it is phenomenon that should be combated in
    legislative way...

    R. Mirkadirov
    www.zerkalo.az

    http://www.demaz.org/cg i-bin/e-cms/vis/vis.pl?s=001&p=0056&n=0013 13&g

    From: Emil Lazarian | Ararat NewsPress
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