On 6th November, the Switzerland government announced that a”burqa ban” in the country, which forbids the wearing of face coverings in public places, would go into force on 1st January of next year. According to the Federal Council, the prohibition will go into effect from the fixed date and those who break it risk fines of up to 1,000 Swiss francs, or about $1,144 (₹96,525). A Swiss referendum in 2021 narrowly approved the policy, which was criticized by Muslim organizations.
51.2% of Swiss voters had voted in favour of the ban. It was put in place by the same group that prevented the construction of new minarets in the country in 2009.
The provision will be implemented through the Federal Act on the Prohibition of Covering the Face. Violators of the act will be penalised through an administrative fine to minimise bureaucracy. The administrative fine would be CHF100 and it can be paid on site. However, if the fine is contested, it will go through normal procedure and the maximum fine in that case will be CHF1,000.
The Swiss government has made it clear that the ban on face covering will not be enforced on aircraft or in diplomatic and consular buildings. Furthermore, it will still be permissible to conceal one’s face in houses of worship and other places of worship. According to the administration, face coverings will be allowed for traditional reasons, health and safety, or weather-related reasons.
Additionally, they will be permitted for advertising, creative, or entertainment purposes. If the appropriate authority gives prior clearance and public order is maintained, face coverings may also be allowed for personal protection in relation to freedom of expression and assembly.
Background of the matter
A prohibition on facial coverings, including the burqas worn by Muslim women, was passed by Switzerland’s lower house of parliament in September of last year. With a vote of 151-29, the National Council finally adopted the law, which had previously been approved by the upper house. Despite opposition from the Greens and centrists, the measure was pushed through by the Swiss People’s Party. This decision comes after a nationwide referendum in 2021 in which Swiss voters supported a ban on bandannas and ski masks, which are frequently used by protestors, as well as facial coverings like burqas and niqabs, which only leave eye slits.
Although the law prohibits covering one’s mouth, nose, or eyes in public areas and privately accessible buildings, there are some exceptions. Similar prohibitions are already in place in two Swiss cantons, St. Gallen in the north and Ticino in the south. Switzerland is now in line with nations like Belgium and France that have implemented such limitations due to their respective national law.
A constitutional amendment initiative in Switzerland requires 100,000 signatures, but a referendum on parliamentary laws can be triggered with 50,000 signatures. A national vote results from the initiation of a referendum. The purchase of new fighter jets and the “burqa ban” on face coverings have been recent referendum matters.
