Wednesday, February 10, 2010 03:20 [Daily Archive]

English Hurriyet English
Turkey's AKP u-turn on additional headscarf legislation (UPDATED)
An AKP official said there is no need to change the additional 17th article of the Higher Education Law to lift the headscarf ban, reversing an earlier agreement between the governing party and nationalist MHP, who supported the constitutional amendments. The legal uncertainties continue on Monday in universities.

The Chairman of Turkey's Higher Education Board (YOK) Prof Yusuf Ziya Ozcan said on Sunday no other special arrangement is needed to lift the headscarf ban in universities after President's approval of constitutional amendments, while nine members of the board made a statement on Monday to oppose the Chairman's view. 

Ozcan, who was appointed by President Abdullah Gul to replace the strict secularist former chairman, said Sunday that a special arrangement to "YOK legislation" was not necessary and Articles 10 and 42 of the constitution should be enforced. Ozcan sent a directive to University presidents and recalled that the said amendments took effect as of Saturday. "Therefore, needless to say, it is among duties and responsibilities of university administrators --who are carrying out public service-- to act  accordingly with the amendments" he added. News agencies reported that a number of universities lift the headscarf ban, while most of them didn't.                       

Although the Turkish parliament had overwhelmingly approved easing of the headscarf ban, the public opinion remains divided. There are some concerns that easing the restriction in universities will put pressure on women to cover up and pave the way to lift a similar ban in secondary education and government offices. Leading academics have warned there could be clashes on campuses and a boycott of classes by some female academics.          

Nine members of YOK made a statement on Monday, saying the ban on headscarf cannot be lifted. They criticized the Chairman for "rushing a directive to lift the ban at a time when the national unity is needed most since the Turkish Armed Forces launched a ground operation in the northern Iraq". The statement said they are against lifting the ban. YOK is expected to hold a meeting on Monday to discuss the issue.

According to the agreement that AKP and the nationalist MHP, who voted for lifting the ban, to amend Article 17 of the Higher Education Law so that the law would not allow other Islamic clothing than the traditional headscarf. MHP said on Saturday it expects AKP to take the necessary steps for amending the Article 17.                                                                            

The experts, including law professors and former top judges, are also divided whether the amendment of the two articles of the constitution will be enough to lift the ban. The ban was put in place not by a law but by a verdict of the Constitutional Court and a top court. The Constitutional Court said in a verdict that the lifting the headscarf ban in universities will harm Turkey's secular system, which is defined in the 2nd article of the Constitution.                 

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