Turkey's AKP u-turn on additional headscarf legislation, as universities divided (UPDATED)

Bekir Bozdag, the deputy parliamentary leader of AKP, told reporters that the constitutional amendments should be adequate for female students to enter the universities with headscarves.

 

According to the agreement between 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.  Â

 

The universities are divided over lifting the headscarf ban. According to the local news agencies 14 out of 82 universities in Turkey allowed headscarved female students in. 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. However nine members of the board and the Inter-Universities Council, which serves as a bridge between universities, opposed to lifting the headscarf ban.

 

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.      Â

 

News agencies reported that students sporting the Islamic head cover have been denied entry to most universities while at least one school in Istanbul and two other allowed them Monday. Nine members of YOK described Ozcan's call as "illegal". The head of the Inter-Universities Council said on Friday the university rectors have decided not to allow the headscarved female students into the campus following the consultations they held. "We decided that there is no need for a new arrangement, so that our students will not be allowed to enter the campus with headscarves", Mustafa Akaydin told reporters in Antalya.

 

LEGAL DISPUTE

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.

 

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.

 

CHP TO APPEAL COURT

The main opposition party CHP will appeal on Wednesday to the Constitutional Court for annulment of the amendments to articles 42 and 10 of the Constitution. The petition for the appeal signed by deputies from CHP, Democratic Left Party (DSP) and independent deputy Kamer Genc is 50 pages long.

 

The petition with 112 signatures said the amendments violated/eviscerated and/or rendered ineffective the secularism principle --as stated in Article 2 of the Constitution-- and were against the spirit of the Constitution. The petition said the amendments did not aim at bringing freedoms but at liberating wearing of turban, "seen as a religious symbol", at universities.