Parliament passed a constitutional amendment package last Saturday that allows students at institutions of higher learning to dress as they choose -- a move that makes wearing headscarves on university campuses permissible -- amidst mounting opposition from secularists.

In light of this, some statements that appeared in Turkish newspapers on Monday raised concerns that female students wearing headscarves may need the protection of security forces to enter universities -- as was the case with James Meredith, the first African-American to brave the color bar at the University of Mississippi. In 1961 US President John F. Kennedy sent 3,000 troops to restore order and allow Meredith to register as a student after a white mob rioted at the University of Mississippi.

Similar measures might be needed in Turkey, where some newspapers on Monday ran headlines questioning whether the lifting of the headscarf ban would work, covertly voicing opposition to allowing observant female students on campus. Some newspapers quoted rectors as saying that they would not let female students wearing a headscarf onto their campuses. Hürriyet daily claimed that international media interpreted the lifting of the ban as the end of secularism in Turkey, while Milliyet said what will happen now in universities is ambiguous. Akşam also wrote that for most university rectors it was unclear what will happen next, although legal experts say the fate of the headscarf ban could not be clearer in the law.

"I think that even at this point, there is nothing that can prevent the headscarf on campus," said retired military judge Ümit Kardaş.

"The day that these changes are published in the Official Gazette, they will go into force. If despite this, headscarves are still not allowed at universities, security forces could be called in to enforce the law. Rectors who think differently on this topic could also turn to the security forces, but based on what? In the end, the security forces are at the disposal of the government, and it is already clear what the government's position on all of this is," he added.

Parliament approved the constitutional changes in a final round of voting held on Saturday, sending it to President Abdullah Gül for ratification.

But critics argue that they will not be enough to allow headscarves at universities without a change in the relevant law, namely Article 17 of the Higher Education Board (YÖK) Law. Constitutional provisions, they say, are too general and may be open to subjective interpretations. Given the lack of legal norms in the relevant law, the implementation may differ from one university to another, with some allowing students to wear the headscarf and others denying them access to campus with the headscarf, say critics. 

Burhan Kuzu, a ruling Justice and Development Party (AK Party) deputy and chairman of Parliament's Constitutional Commission, opposed comments that the constitutional amendments would not be sufficient to safeguard freedom for headscarves at universities. In comments made to Today's Zaman, Kuzu said the wording of the amendment had been done with ultimate care, leaving no room for any doubt at all. "We have not mentioned the headscarf or the veil in the text; we have not even specified any type of head-covering style. Such details do not befit a constitution," he said.

Kuzu, who also took the lead in the preparation of the amendments on behalf of the AK Party, dismisses this argument. "We have made it clear that the right to high education cannot be restricted for any reason unless specified by the law. Currently there is no law that restricts wearing the headscarf at universities. Therefore those arguments are null and in vain," Kuzu said. "Also we have strengthened the principle of equality in benefiting from state services without introducing discrimination by the amendment package."

Kuzu explained that the Constitution sets the framework for rights and freedoms, while the implementation is generally regulated by laws. But in cases like the headscarf issue, when Parliament's intention to expand freedoms is that clear, the implementation should also be in line with this intention.

However, Kuzu pointed out that the process will only be completed when President Gül approves the constitutional amendments. Asked whether the government will go ahead with the planned amendment on Article 17 of the YÖK Law, which is also expected to provide legal guidance on the acceptable style of covering the head at universities, Kuzu said: "We have to wait and see how universities take the amendment. If there emerges some complexity or some reluctance in the implementation, then we can consider revisions to Article 17. But I am confident that the amendments on Articles 10 and 42 of the Constitution are very open and will be implemented with no problem."

Kuzu also added he was hopeful that President Gül would approve the amendments and thereby settle a major and chronic problem of the country.

Speaking to the press after a Cabinet meeting on Monday, government spokesperson Cemil Çiçek said that all parties concerned in the headscarf debate should act within the law and asked citizens to act calmly and avoid tension and behavior that might be sparked by impulsive reactions.

In response to a question on whether he had any expectations from the rectors, Çiçek replied: "No. They need to pay attention to what our nation wants. They need to do as the law dictates. As I always stress, the issue here is rights and laws. We expect no one to do more than what the law requires."

Students with headscarves enter university campus

Several students walked onto the Kocaeli University campus yesterday wearing headscarves even though the constitutional amendments that lift the ban on headscarves at universities, although passed by Parliament this weekend, have not yet been approved by President Gül. More than 10 students entered the campus wearing headscarves and were not prevented from doing so by security guards, as has been the case in the past. Security officials said they were instructed not to meddle with students wearing headscarves.

Kocaeli University's rector, Professor Sezer Şener Komsuoğlu, indicated that while the constitutional amendments had not yet been promulgated in the Official Gazette, they preferred not to warn or block students who attempted to enter the campus with their headscarves on.

"We do not prevent students with headscarves from entering. Our purpose is to ensure that students continue with their education without being separated. We have ascertained that about 10 such students have entered the campus so far. They were not stopped."

To avoid women wearing a burqa from entering universities, the AK Party is preparing to amend Article 17 of the YÖK Law to describe how the headscarf should be worn. Before his departure for Germany, Prime Minister Recep Tayyip Erdoğan instructed his senior party executives to develop a formula that would alleviate concerns of secularist groups in the country, reports say. Deputy Prime Minister Cemil Çiçek noted that they are ready to amend Article 17. "Come and let us set up a joint commission with input from all parties, to find the best formula," he offered to other parties.

The AK Party parliamentary group's deputy chairman, Bekir Bozdağ, argued: "The formula we have found has been inspired by ideas suggested by the military, various nongovernmental organizations, universities and the Republican People's Party [CHP]. We have put what they have been suggesting into the law. The prime minister has told us to take into consideration other formulas to see if they will better serve our purposes. If anyone has a formula that would fit better into Article 17, he or she should bring it to us."

As originally devised, this article will be amended to incorporate a definition of how the headscarf should be worn in order to be allowed onto university campuses. The amendment will be sent to Parliament after the constitutional amendments are approved by President Gül and published in the Official Gazette.

However, there have been a number of scenarios circulating in the corridors of Parliament. These scenarios suggest that the proposed amendment to Article 17 will never be sent to Parliament or that the AK Party might choose not to amend it despite having promised the opposition Nationalist Movement Party (MHP) to do so. Bozdağ, speaking to Today's Zaman, denied this speculation. "We have no intention of withdrawing the amendment of Article 17 or avoiding introducing it to Parliament altogether. At this point, no one should expect us to backpedal. We will submit our proposal concerning the amendment of Article 17 to Parliament after the constitutional amendments are published in the Official Gazette. There is no turning back," he said.

The AK Party and the MHP had previously agreed on the following amendment to Article 17 of the YÖK Law:

"All attire is allowed at higher education institutions as long as it does not go against the laws in force. No one shall be deprived of their right to learning and education on charges of wearing a headscarf. No regulation or practice contrary to this shall be allowed. However, wearing a headscarf shall be in the manner of covering the head with a headscarf fixed beneath the chin without covering the face so as to allow easy recognition of identity."

Nihat Ergün, the deputy chairman of the AK Party parliamentary group, speaking to Today's Zaman, said: "The AK Party has no intention of delaying this issue. Otherwise, we would not support the constitutional amendments. The process has started. We will not backpedal. For the first time, Turkey has obtained the opportunity to solve this longstanding problem. We must make use of this opportunity."

James Meredith's fight to enter university

In 1962 James Meredith, an African-American civil rights activist, became an icon for the civil rights movement when he applied to the University of Mississippi and was rejected on racial grounds. The National Association for the Advancement of Colored People (NAACP) then brought a suit in a federal court which granted him the right to enroll. When he arrived to do so, he was turned away by university authorities and by the governor of Mississippi. A court injunction for contempt removed this barrier, but a white mob prevented him from entering the university. After a riot in which two people were killed and 375 were wounded, President Kennedy sent 3,000 troops to restore order and allow Meredith to register as a student.