Switzerland: Political leaders should stress that xenophobic propaganda is unacceptable
Bern,
23/2/2012 – “More determined efforts are needed to combat
tendencies of racism and xenophobia in Swiss society” stated the Council
of Europe Commissioner for Human Rights, Thomas Hammarberg, at the end
of a four-day visit to Switzerland during which he held a series of
meetings on issues relating to the protection against all forms of
discrimination.
“The visit clarified how the Swiss federal political system works for
the enhancement of human rights protection”, noted the Commissioner.
“However, there are some areas where further vigorous and concerted
efforts are necessary in order for Switzerland to fully meet European
and international standards”.
In spite of being an inherently pluralistic society, intolerance and
racism are dangerously on the rise in Switzerland, as shown by the
frequency of anti-migrant public manifestations by some major political
forces. “Certain popular initiatives, such as those concerning the ban
of minarets and the automatic expulsion of migrants having committed a
certain crime would target and stigmatise migrant communities. They
raise serious issues of compatibility with human rights standards,
notably those of the European Convention on Human Rights. At the same
time, the positive efforts undertaken or envisaged in the field of
migrants’ integration, such as the establishment of the Advisory Council
of Foreigners in the city of Zurich, demonstrate a clear determination
to tackle these challenges.”
There are still gaps in the Swiss legislation when it comes to the
protection of vulnerable social groups from discrimination. “The 1995
provision of the Criminal Code aimed at fighting public incitement to
racial hatred or discrimination and its application by courts are weak
and cannot provide effective protection against all racist
manifestations. Anti-discrimination law and policy should be overhauled.
There is a clear need of a new, comprehensive anti-discrimination law,
coupled by an independent and effective mechanism of supervision,
redress and prevention of human rights violations.”
Naturalisation of persons of immigrant origin is of crucial importance
for their full integration and requires the authorities’ particular
attention. Arbitrariness in such decisions should be avoided. “I also
urge the Swiss authorities to proceed to the accession to the 1997
European Convention on Nationality, containing a number of very useful
standards on naturalisation”.
The Swiss human rights protection system is in need of a robust
institutional framework. “The Federal Commissions against Racism and on
Migration should be further supported and substantially strengthened. It
would also be very useful to establish Ombudspersons in all cantons,
building on the examples of successful institutions that already exist
in some parts of the country. The recently-established Swiss Centre of
Expertise in Human Rights is a positive initiative worthy of being
further promoted, and should lead to an independent and efficient
National Human Rights Institution”, added the Commissioner.
Commissioner Hammarberg recognises the merits of the broad consultation
processes in Switzerland preceding accession to European and
international human rights treaties. He urged the authorities to give
particular priority to the accession to the European Social Charter,
signed already in 1976, and to the UN Convention on the Rights of
Persons with Disabilities, two treaties that set human rights standards
to which Switzerland is already largely adhering in practice.
The Commissioner’s more detailed findings and recommendations will be
transmitted to the authorities shortly and subsequently published.
Press contact in the Commissioner’s Office:
Stefano Montanari, +33 (0)6 61 14 70 37;
stefano.montanari@coe.int Keep up to date with the Commissioner on
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