Religious freedom: controversies surrounding wearing hijab at schools in Kazakhstan
In recent years, Kazakhstan has found itself at the center of a heated debate over the issue of whether girls should be allowed to wear the hijab in public schools. This debate encompasses a broader struggle between secularism and religious freedom, echoing similar controversies in other parts of the world. More about why wearing hijab became the focus of debate in Kazakhstan is in the latest article of Kazinform.
Legal framework
Kazakhstan, a Central Asian nation with a diverse population, including a significant Muslim community, grapples with the delicate balance between secularism and religious expression.
Kazakhstan's approach to secularism is enshrined in its Constitution, which defines Kazakhstan as a “secular, legal and social state whose highest values are a person, life, rights, and freedoms.”
On one hand, the government seeks to uphold the principle of secularism, ensuring that religious institutions do not exert undue influence in public affairs. On the other hand, the country’s officials say they acknowledge the importance of religious freedom and diversity, recognizing that Kazakhstan is home to various religious communities.
However, the order of the Ministry of Education adopted in 2016 indicates all school students must wear uniform. The order says, “the inclusion of elements of clothing of religious affiliation of various denominations in the school uniform is not allowed.”
The Article 47 in the law on education as of July 2007 states that all students in schools are “obliged to comply with the requirements for compulsory school uniform, established by the authorized body in the field of education.”
President Kassym-Jomart Tokayev also commented on this issue in his remarks to the Congress of Teachers in Astana on Oct. 5.
“According to the Constitution, Kazakhstan is a secular state. This principle must be strictly observed in all areas, including education. We must always remember that school is, first of all, an educational institution where children come to gain knowledge. Whereas religious beliefs are a choice and a private matter of every citizen,” said Tokayev.
He emphasized that freedom of religion is guaranteed by law in Kazakhstan.
“I think it would be right if the child makes her or his choice when he or she grows up and develops own worldview. The most important thing is to raise a generation with an open worldview, clear consciousness, and true to traditions,” he said.
He went on to note that the meaning of secularism is “very deep.”
“Speaking about the worldview of our people, we can characterize secularism as pragmatism, commitment to a healthy lifestyle, reverence for our traditional religion, and preservation of national consciousness,” he added.
Minister of Culture and Information Aida Balayeva has also recently commented this issue, reiterating that Kazakhstan is a secular state, where, according to the Constitution, the state is separated from religion.
“All issues of state policy are regulated by civil legislation, not by religious norms. Normative acts require to observe standards of wearing school uniforms,” she wrote in her post on Facebook on September 11.
She emphasized the mission of school is to guarantee and provide citizens of the country with quality education.
“I believe that, having received a good education, in adulthood people in Kazakhstan will independently determine their choice of religion and religious attire,” she wrote.
Spokesperson of the Spiritual Administration of Kazakhstan Agabek Konarbayuly said raising a faithful and educated generation is the main goal of every parent.
“According to Shariah, it is obligatory for a Muslim girl who has reached the age of puberty to wear a headscarf. In the same way, getting education is a duty,” wrote the spokesperson in a post on Facebook on September 11.
He said the Shariah does not oblige a girl under the age of puberty to wear a headscarf. “The Muslim community should also understand this correctly,” he added.
Secularism
The concept of secularism and its implications on issues such as the headscarf vary widely from one country to another. Secularism is a fundamental principle that seeks to separate religious institutions from the government and public affairs. It aims to ensure that individuals have the freedom to practice their faith or choose not to, without interference or discrimination from the state.
However, the interpretation and implementation of secularism can differ significantly across countries, resulting in distinct approaches to religious symbols like the headscarf.
Critics argue that allowing religious symbols in schools, such as headscarf, undermines the country's secular principles. They believe that schools should remain neutral spaces free from religious influence to ensure a balanced and inclusive education for all.
Religious freedom
While Kazakhstan maintains a secular stance at the national level, religious freedom seems to fall on the back seat in this work. People complain that not allowing girls with hijab to enter school is a violation of fundamental rights.
Advocates argue that wearing the hijab is an essential expression of religious freedom. They contend that girls should be allowed to wear the hijab as a manifestation of their faith without facing discrimination or exclusion.
Kazakhstan's multicultural society includes various Muslim communities, some of which consider the hijab an integral part of their cultural identity. Allowing the hijab in schools, supporters say, acknowledges and respects this diversity.
According to the latest 2021 national census in Kazakhstan, out of 19,186,015 citizens, 13,297,775 people, or 69.31 percent, defined themselves as Muslim, with more than 1 million each in Almaty and Turkistan regions. Nationwide, 6,839,906 women are Muslim.
Concerns about “destructive ideologies”
In the past month alone, two Kazakh deputies raised concerns about the so-called destructive ideologies, attributing the demands to allow girls to wear hijabs as one of the factors driving these ideologies.
According to Mazhilis deputy Ermurat Bapi, the “alien” currents of Islam “have threatened to undermine the established social and domestic patterns in Kazakh society, and these threats are becoming more and more widespread.”
He went even further to say that “these threats have begun to destroy society and challenge the state integrity, oppose the traditions of national unity, national development of the Kazakh people and the Islamic way of life of Kazakhs, which has been established for thousands of years.”
Another deputy Nurtore Zhussip voiced his concerns about the spread of “non-traditional Islam.” According to him, the country lacks good teachers and imams. He also said Kazakhstan needs to improve its law on religious activities and associations.
“Today's youth is the face of tomorrow's Kazakhstan. We consider it necessary to take a set of measures to protect them from the influence of alien judgments, we must help them not to lose their modern values,” he said.
Excessively strict regulatory framework
On the contrary, prominent Kazakh sociologist Serik Beissembayev highlighted an excessively strict legal framework in Kazakhstan, which regulates the religious sphere.
In a social media post, the expert mentioned that over the past decade, two government programs for 2013-2017 and for 2018-2022 aimed at addressing religious extremism and terrorism, were implemented, with a total expenditure exceeding 300 billion tenge. He noted the majority of funds were allocated for the material and technical support of security forces, training their personnel, and the installation of surveillance systems nationwide.
Beissembayev concluded that over time, a group of individuals with vested interests has emerged, seeking to exploit the concept of "religious extremism" for their own gain.
What is going on globally
In France, for example, there is a strict secularism policy, known as “laicite” that prohibits the wearing of religious symbols in public schools and government offices. In 2004, France prohibited religious symbols in state schools, which also applies to headscarves, kippas, and large crosses.
In August, France’s Education Minister Gabriel Attal announced the ban would extend to wearing abayas at public schools. Abaya is a loose-fitting, full-length robe worn by some Muslim women. The decision, however, received a mixed reaction. The Amnesty International released a statement on October 3, saying it is “highly concerned by France’s ongoing breaches of its international human rights obligations and its consequences on the lives of Muslim people in France, and those perceived as Muslims.”
Türkiye, historically a secular state, has experienced significant shifts in its approach to secularism in recent years. Students in public schools in Türkiye are allowed to wear the hijab.
In 2013, Türkiye lifted a decades-long ban on headscarves in the civil service, not without the controversies though. In 2014, it lifted the ban for secondary schools.
The Turkish government's stance reflects a more flexible interpretation of secularism, allowing for greater religious expression in public life. This move has been met with both approval from conservative segments of the population and concern from secularists who fear the erosion of Turkey's secular foundations.
The debate over wearing the hijab in Kazakhstan’s schools is emblematic of the broader struggle between religious freedom and secularism in a diverse society. Ultimately, the resolution of this controversy will depend on finding a balance between respecting religious freedom and maintaining the principles of secularism while fostering inclusivity and diversity in the educational system.