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December 4, 2009 |  19 comments |  Print | E-Mail Your Opinion  

Swiss Minaret Ban Threatens Freedom of Religion and Diversity

Caroline Hammargren: The Swiss voted for a ban on the construction of minarets, which, under their system of direct democracy, is binding. The result of this referendum is an infringement on the freedom of religion and it is contrary to the liberal idea of protecting cultural plurality.

The referendum and its consequences are a clear example of the tyranny of the majority, an expression popularized by liberal thinker John Stuart Mill who believed that the interest of the majority can sometimes encroach on the freedom of a minority. That is exactly what has happened in Switzerland. The decision to ban minarets is not only a demonstration of intolerance and prejudice, but also infringes on the right to religious freedom of those affected. And fundamental human rights, protected by international treaties, should not be subject to popular votes.

There is also a problem of definition that displays the absurdity of the ban: minarets can look very different, some being very similar to the bell towers of churches. In fact, the bell tower of one of Europe's most famous churches, The Cathedral of Seville, is a minaret from the mosque that previously resided on the site.

But, perhaps the Swiss forgot that the world cannot be seen in black and white (after all the Swiss People's Party has previously used white and black sheep in campaign posters). Maybe they also forgot those words by Mill that "the despotism of custom is everywhere the standing hindrance to human advancement" and that a liberal, democratic society thrives on a plurality of political, religious, and cultural beliefs and that it is in society's best interest to protect, or even foment, their existence.

Yet, Switzerland is not the only European country where xenophobic parties are on the rise. The results of this referendum are part of a growing anti-Islamic trend in Europe. France, Belgium, Holland, and Denmark are only some examples of countries where extreme right-wing parties have gained vote in the last few years by leveraging on people's fear of the unknown and prejudices towards Islam. Many of these parties were the first to congratulate the Swiss People's Party on their victory and express their desire for implementing similar policies in their respective countries.

The results of the referendum should not be taken lightly. Although we are not yet sure what the outcome will be, the result itself faces us with important questions about how we should deal with a constantly changing Europe. It is clear that xenophobia has increased with the inability to deal properly with immigration. On the positive side, however, the rise of xenophobic right-wing parties has forced politicians who used to evade topics like integration to start discussing these problems.

Last month in a television debate between Swedish minister Maud Olofsson and Jimmie Åkesson, leader of the Sweden democrats (Swiss People's Party's Swedish counterpart), Olofsson asked a very important question that perhaps all Europeans, especially politicians, should be asking themselves. In response to Åkesson saying that he wanted Swedish Muslims to adjust to Swedish culture, she countered, "What is the starting point for Swedish culture? Where does it begin? What is it?" pointing out the hollowness of arguing that a pure unchanging national culture or identity exists. Can we really draw a line between us and them? Can we draw a line between when someone stops being Algerian and starts being French, when a Turk becomes German, between a bell tower and a minaret? The only thing we know is that Europe is constantly changing and that it has always been that way. The future Europe will not have the same breakdown of religions, ethnic groups, or political parties as it does today, just as they now are different from the past. The idea of freezing a country's traditions as they are in the present or even striving backwards towards an idealized and imagined pure past is neither plausible nor compatible with history. Instead we should draw from our diversity to construct the future.

With this in mind, it is now especially important that Europe take a stance to protect the rights of its citizens and defend the existence of cultural and religious plurality. The results of the referendum pose a vital question about democracy and whether we can always rely on the opinion of the majority, something which history has perhaps already disproved. This is where international institutions must prove their usefulness.

The decision to ban the construction of minarets encroaches on the freedom of Swiss Muslims and is incongruent with the Swiss constitution, which guarantees them freedom of religion. Therefore the ban should be submitted to and rejected by the European Court of Human Rights.

Caroline Hammargren holds a BA in English Literature and Linguistics and a minor in European Studies. She works as an editor and translator with base in Barcelona.

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Marek  Swierczynski

December 4, 2009

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If the "rule of majority" is perceived as a threat, then what should we think about different forms of the "rule of minority" that emerge in today's Europe. One of the hotly debated recent examples of it is in my view the ruling of the European Court of Human Rights in Lautsi vs. Italy case - or more precisely - the way it was portrayed in the media. The Court of course did not ban crosses in public schools in Italy, nevermind the whole Europe, but the justification for the ruling was just that: the right of the minority to exclude the will of the majority. And that right was derived from the Convention that is fundamental to the European order as we know it. No surprise that alarm bells rang across those countries who are especially touchy on the issue of religion and traditional values. The Court did little to explain what it really meant. The result was that more crosses were hung in italian schools and conservative circles embraced themselves under the emblem of Christian values once again. Tensions all but eased, which probably was not indended. Or was it? We should be very careful with religious symbols, 'cos people tend to fight and die in their defence. Banning symbols isn't a way to solve problems, neither way: either imposed by majority or in order to "defend" the minority.
 
Caroline  Hammargren

December 4, 2009

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I do not quite agree with the title that has been attributed to my article. The title I had originally put was "Swiss Minaret Ban Threatens Freedom of Religion and Diversity" and not that the rule of majority in itself does. I agree that rule of the majority should not and cannot generally be perceived as a threat and is the best and most fair way to govern a country. What I mean to point out is that the majority can sometimes act in a way that infringes upon the rights of other individuals, known as the tyranny of the majority. In this case it has happened through encroaching on the individual's right to freedom of religion which is established in the Swiss constitution and in international human rights treaties. Most democratic countries in fact do not have a direct-democracy system as Switzerland which makes something like this much less likely to happen. One important question this referendum brings up is whether a majority vote should be allowed to overrule something established in an international treaty or a country's constitution.

With regard to your example from Italy, I am not very familiar with it, but I think that the question of religious symbols in public places is quite different from (and much more complex than) the right to freely construct religious temples.
 
Joerg  Wolf

December 4, 2009

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@ Caroline

Point taken.
I have just changed the headline to what you had suggested
 
David  Foster

December 4, 2009

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The ban does not seem to affect Freedom of Religion. There is no ban on Mosques, on Moslem schools, on worshipping Islam. There is no law banning Moslem business or property. The law is clearly architectural, so if there is anything to complain about it is that it interferes with the liberty of designing a private building but not Freedom of Religion. In fact there is no Moslem regulation on how Mosques should be built. The modern Mosque is based in the Byzantine Church with a structure added for the Ezan, prayers conducted 5 times a day, which is why Mosques all around have minarets but there is no religious requirement for building them. There can be many arguments in favour or against the banning of minarets, but it does not infringe Freedom of Religion.
Tags: | Islam | Switzerland |
 
Caroline  Hammargren

December 5, 2009

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I think that the ban quite clearly infringes both on the freedom to manifest one’s religion and the right to freely construct mosques. It also directly targets one religion, regulating the construction of Muslim temples but not those of other religions. Furthermore, a religious practice does not have to be obligatory within a religion in order to be protected by Freedom of Religion which makes it irrelevant whether or not a Muslim regulation on how Mosques should be built exists.
 
Marie-Claude  Corneauster

December 6, 2009

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"The decision to ban minarets is not only a demonstration of intolerance and prejudice, but also infringes on the right to religious freedom of those affected. And fundamental human rights, protected by international treaties, should not be subject to popular votes."

The problem is that radical islamists want to use them as "affirmative" action for their conquest over christiannity ; up to now the calls for prayors are still forbidden in our countries, but until when ? when these militants will manage that sharia laws will prevails over our civil laws.

These minarets weren't felt so aggressive some decades ago.

Now, mosquees are allowed as churches, but in a contemporain society do we need bells towers and or minarets ?

Bell towers were useful in middle-ages when populations had no cell phone, nor clock. They were used to call for prayors and masses for populations that had no mark otherwise.

The Seville cathedral isn't a good exemple, then you should have quoted Istanbul Sophia cathedral transformed into a mosquee, but again, they were built before middle-ages or in middle-ages, when religious architectures had another fonction : they also were places for businesses and recreations, as temples were too in gospels, remember Jesus chasing the pharisians from Jerusalem temple !
 
Unregistered User

December 7, 2009

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I doubt whether the decision to ban minarets affects religious freedom. In my view, and surely in the view of many Swiss people, the skyline of an urban area is something that should be carefully planned. Minarets, because of their high rising prominence, do affect the architectural outlook of a village, town or city. I don't think that, say Marrakech, Morocco, will look consonant with its urban flavour if Catholics start to erect churches and bell towers there. But why shouldn't Catholics be allowed to build 100 churches in Marrakech? They should if they keep them discrete in the outside, or, by other words, if their religious temples do not pose a question to the city planners, notably in architectural terms.
Tags: | minarets | Islamic law |
 
Marie-Claude  Corneauster

December 7, 2009

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Manuel G Samuel

the problem is that no muslim country allow churches to be built nowadays

even though christians are under pressions and or threat of pogrom in Turkey, that used to be a tolerant country before that the islamists managed it

I still remember the assassination of 10 french monks in an algerian left abbaye about 10 years ago
 
Caroline  Hammargren

December 7, 2009

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In response to the latest comments:

It is not a matter of usefulness or necessity, but of right. For all non-Muslims and non-Christians both churches and mosques are quite useless. The question is whether we have a right to regulate how they can be built. Also it must be pointed out that most European Muslims are regular people who just want to worship their religion in peace and are not to be equated with radical Islamists trying to "conquer" Christianity.

Many Muslim countries are not at all tolerant with minority religions and should hardly be seen as examples. Should we counter their intolerance by doing the same?

With regards to the skyline, do regular citizens really have any say in what it ends up looking like? Many people are perhaps not interested in seeing churches either. Should we then, arrive at an extreme where a building cannot show religious affiliation? The main point is that all religions or non-religions should be treated equally and that the minaret ban directly discriminates one religion.
 
Marie-Claude  Corneauster

December 7, 2009

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"It is not a matter of usefulness or necessity, but of right. For all non-Muslims and non-Christians both churches and mosques are quite useless. "

so, olright, if they are useless, no problem, then no need to build minarets !

 
Alexander Josef Pilic

December 8, 2009

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Obviously, this Swiss referendum is provocating: Doesn't it attack the core beliefs of our liberal democracies? Doesn't it complicate the relationship between "the West" and "the Muslim world" even more? Doesn't it infringe freedom of expression, religion and even architecture all at once?

The Swiss voted on a single issue as they always do since this is how direct democracy is working. They did not abandon freedom of religion for Muslims and they did not vote to abolish democracy. The interesting question is: Would the outcome have been the same if
they had voted on Buddhist statues, pagodas or shrines? Probably not and we all know why. Nobody feels threatened by Buddhists, Taoists or Hindus but many people are afraid of what they perceive as an aggressive Islam. To argue that this fear comes out of ignorance or is fueled by populists and warmongers is more than arrogant and cynical.
One problem is that Islam is not speaking with one voice. Too many clerics propagate Islam not as a religion to be practiced just privately but rather as a defining force of live, culture and politics which leaves only small room for individual decisions. Another problem is that our politicians do not address the worries of the people regarding Islam in our societies out of political correctness. They leave the topic to Populists who eagerly pick it up in order to use it to their own advantage. If anybody is seriously considering to bring Switzerland before an international human rights court, they should start with any of the Islamic countries which deny their citizens much more rights than to build minarets.
 
David  Foster

December 8, 2009

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It has been said that it is a proof of extremist parties on the rise. That it is a dent on the libertarian ideals of Switzerland and the liberal foundations of Europe. The matter of fact is that the Swiss Minaret Ban is closer to a warning than anything else.

When looking at history and past events and actions, people are not moved for what is good or bad but what they think is good or bad. People react to what they believe. When the Swiss voted on their referendum, product of their unique direct democracy, they were considering if an architectural structure should be banned from being built along with a place of worship of a non-native religion. That is the idealistic question, but the practical question is: should we give a protest vote to what many believe as a threat to Swiss/European identity. The fact is, even if the ban had the contrary results and only 42.5 had voted in favour of the ban, that number is still high. The Swiss vote is the spectre of an idea that has spread throughout Europe: Moslems are a threat to Liberal Democracy and European identity, both in Europe and out of it. Is it true, is it correct, well it does not matter because many Europeans have come across that idea and believe it as a fact.

What are the reasons: In many of the countries where people who immigrate to Europe come from filled with intolerance and lack of rights and have more rights in Europe than they would ever have in their original countries. The most persecuted religion in the world is Christianity, a religion to which many Europeans identify. Many Moslem countries were critical of Europe over the Danish Cartoons, but not over anti-Christian activities, and some with murderous results. Turkey, although Laic but now heavily Islamic oriented because of the AK Party, has instigated Moslems to remove their accounts from Swiss banks or told Rasmussen to apologise if he wanted Turkey’s support to vote him for NATO’s Secretary General. The number of Moslem migrants is increasing quickly into the millions. More Halal -products are being offered over non- Halal ones, like Domino’s Pizza in the UK. Mosques are moving into empty churches in France. Not to mention the rise of terrorist attacks by terrorists of the Moslem faith for an Islamic political ideology.

What is the warning: many Europeans have begun to support extremist measures. It is not a question of a rise of intolerance in Europe; it is a similar question that has happened in Europe a long time ago. Many have begun to believe that major political parties (Left, Right and Centre) are not answering or commenting on their view of a subject that many are questioning more and more. If politicians of the major parties appear [because it is all a question of popular appearance not expert analysis] to be ignoring their concern, then people may turn to those who are discussing it. It happened in the 1920s and 1930s and it can happen again has it did in Venezuela, when people became discontent with their politicians they supported a Populist [and skilled] leader.

So far that Swiss Ban has been a warning, most likely the Ban will be over ruled by the Swiss Courts, and European politicians have to think this heavily. Although some Europeans have begun questioning how successful is integration, they have not become extremists. Despite many radical parties focus on anti-immigration policies, most Europeans will not agree with their undemocratic, racist and xenophobic principles; all is not lost for tolerance and freedoms in Europe. European leaders need to come together and discuss this issue with a successful result for the Liberal Principles and Democratic Values.
Tags: | Switzerland | Islam | Europe |
 
Marie-Claude  Corneauster

December 8, 2009

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"The interesting question is: Would the outcome have been the same if
they had voted on Buddhist statues, pagodas or shrines? Probably not and we all know why. Nobody feels threatened by Buddhists"

In France, sorry about that, a big Buddha constructed in our countryside was demolished, because it was perceived as a procation, that couldn't possibly fit our collective memory and our architectural environnement.

No mosquee has been eradicad up to now, and we have from 1600 to 2000 of them, but only 10 with minarets, among them some are the oldest muslim constructions in our western continent in Paris, 1926, in our deparment of the Réunion.end of the 19th century.

Of course they have minarets, of an average height though. In the meanwhile, this wasn't a problem when they were constructed, islamists were still an unborn brotherhood in Saudi Arabia.

Besides France wanted to reward her maghrebin soldiers that fought with her in WW1, who were brave and loyalful soldiers.

Now since the end of WW2 we assisted to an awake of a radical islam, and much more virulent since the ost block broke down, there's no more a counter ideology that could contains birthful and unemployed young populations and prevent them from falling into the mirages of virgins paradises, conveniently concepted by bigoted islamists, whose interests aren't that the populations aim for happyness, and or for self determination, but for their subordination, and for becoming helpful fighters of islamic power.

Yes, Mosquées in France suffer of the same default of mobs assistance as of the churches, but to a lesser point though, and I know many moderate muslims that do not follow all the rules of their religion, they also don't appreciate the agitators like Tarik Ramadan., the only thing they say about this polemic, is that muslims need a clear and reckognizable place where to pray, not in the "caves and or in the streets



 
Manuel Gomes Samuel

December 9, 2009

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As regards the latest comments, it seems that we all could use more empathy, tolerance and flexibility. Let me put it this way: imagine that today I establish a new religion, the creed of, for instance, the white eagle and I am able to canvass millions of people to believe in the white eagle as the Creator of the Universe. Then, I would start erecting temples for worshiping the white eagle building gigantic eagles right on the top of those temples. What would populations at large around the world say about my gigantic eagles sprouting around everywhere?
Having said so, it looks as though we all need to be more flexible with the Swiss people. The Muslims need to continue to pray in peace and tranquillity in Switzerland and elsewhere and they also need to be more flexible and accommodate to the minaret ban. As a matter of fact we all need more empathy before starting lashing out at people because of intolerance or disrespect for the principles we believe in. The world is changing dramatically by the day and more than ever we need empathy and tolerance to accommodate our differences.
Tags: | islamism; |
 
 
Maggie  Halley

December 9, 2009

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Does the minaret vote indicate a lack of religious tolerance or is it really just a way for the Swiss population to express its own displeasure with the recent "Islamification" of Europe? I agree with the idea that it was less of a vote against Islam and more a vote for the preservation of Switzerland or an attempt to strive backwards towards an idealized past. Either way the vote contradicts the universal perception of Switzerland as a safe haven but its result is hardly surprising.
 
Unregistered User

December 10, 2009

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NOw HearTHIS why should my cultural be imposed by muslims. I do not wish to visit europe and find it changed by cultural intolerants who insist in putting their boots wherever they see fit while Rome burns. They choose to be controlled by thought and action by the sands mad men who swept through militarily with a religion of tolerance was subjected to harm and mayhem.
Tags: | a must read |
 
Unregistered User

December 11, 2009

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Why all the hullabaloo about the Swiss rejecting the Minarets in their country? Perhaps Muslims
can explain why the Saudi Arabian Government will not allow the building of Churches in their country. having torn down the last Christian place of worship, the Church of the Mother Eve in Jeddah, Arabia in 1927.

If Muslims wants to exercise their religion freely, they should also guarantee that right to people of other faiths as well. But Muslims are very bigotted and will never tolerate freedom of religion on ther soil, so they are in effect solely to blame for the present situation vis-a-vis their own religious bias towards other religions.

You only get what you give. My advise to Islamists is guarantee freedom of religion in Muslim countries and then expect reciprocity, and not otherwise. There is no special treatment just because you are a Muslim, so first get that through your head. Once you understand what religious liberty is in the WEST, then you can go about adopting it as a way to come to terms with other religions in Europe or any other part of the world.

As things stand, Switzerland has taken a route to religious tolerance, albeit still denying the building of Minarets, yet allowing for the practice of religion. Give Christians in Muslim lands the same rights as Switzerland gives you to practice your religion. I do not think it is too much to guarantee freedom of RELIGION in a DEMOCRACY, so let Islam make the NEXTmove.
 
Manuel Gomes Samuel

December 17, 2009

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Dear Caroline Hammargren,

Just a final note on your article for this discussion topic which is now practically inactive: as you clearly found out in the flurry of comments that ensued your opinion, it is not advisable to lash out the way you did in the case of the minaret ban at the Swiss people saying that the results tantamounts to the tiranny of the majority.
Many issues are at stake. Again, we all need empathy, tolerance and flexibility.
Tags: | islamism |
 

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