._ 8 一 30 5 A_ Linguistic and feligious composition _________________________________ ._ 8 一 10 S B_ Distinctive featufes of the Swiss fedefal System _______________ ._ 11 一 IS S C_ Legislative ffamewofk _______________________________________________________ ._ 16 一 22 6 D_ Recent Votes on immigfation and asylum __________________________ ._ 23 一 30 8 II_ ANALYSIS OF THE SITUATION BY T壬田 AUTHORITIES __________________________________________________________________________ ._ 31 一 S0 10 A_ Immigfation and integfation policy ___________________________________ ._ 33 一 37 11 B_ Specialized bodies and commissions _________________________________ ._ 38 一 4S 12 1_ Fedefal Commission against Racism _________________________ ._ 38 一 41 12 2_ Fedefal Commission fof Fofeignefs ___________________________ ._ 42 一 43 13 3_ Sefvice fof Combating Racism __________________________________ ._ 44 一 4S 14 C_ Othef relevant departments and Services ___________________________ ._ 46 一 S0 14 III_ ANALYSIS OF THE SITUATION BY OTHER ACTORS _____ ._ S 1 一 63 IS A_ Civil Society _______________________________________________________________________ ._ Sl 一 S6 IS B_ Political Parties __________________________________________________________________ ._ S7 一 63 17 IV_ ANALYSIS AND CONCLUSIONS __________________________________________ ._ 64 一 8S 19 V_ RECOMMENDATIONS ___________________________________________________________ ._ 86 一 97 2S Annexz List of Subjects of fedefal Votes felating to fofeignefs of the right of asylum _____________________________________________________________________________________________ __ 29 A/HRC/4/19/Add_Z page 4 Introduction 1_ Following an invitation from 迂le Swiss autl〕0ritieS， issued in response to his requeSt， the Special Rapporteur On contemporary forms of raciSIn， racial diScriIninati0n， Xenophobia and related intolerance Visited SWitzerland from 9 to 13 _Tanuary 2006_ The Purpose of the Visit Was to assess the Situation of raciSIn， racial discrimination and Xen0ph0bia， as Well as the policies and Ineasures adopted by the Government to add工ess 迂lese Phenomena_ Z_ During his ViSit， 迂le Special Rapporteur Inet， at the federal leVel， in Bern， Wi迂1 Federal Councillors Pascal Couchepin and Christopher Bl0cher， 迂le State Secretary Michael AInbilhl， and Several directors and representatives of federal departments and Offices_ He also Visited the cantons of TicinO， Basel and Neuch盒tel， Where he Inet 麒潭it壬1， among 0therS， State Councillors Luigi Ped工azzini， Gabriele GendOtti， Guy M0rin， Eva Herzog and Bernard Soguel and Chancellor Robert Heuss_ 3_ TTIC Special Rapporteur also Spoke With Ermete GaurO， cantonal delegate for the integration of foreigners and fof combating racism in Ticino二 With Thomas KeSSlef， director of 迂le Office for Integration of Basel City canton二 and With Thomas Facchinetti， cantonal delegate for f0reignerS， affairs in Neuch盒tel_ He also Inet With Inembers of 迂le Federal Commission against Racism in Bern and of 迂le Federal Commission for Foreigners in Neuch盒tel_ 4_ II1 the cities 迂lat he ViSited， the Special Rapporteur Inet Wi迂1 Inany aSS0ciatiOnS， non一governmental Organizations (NGOS)， Inembers and representatives of foreign communities and nati0nal， ethnic and cultufal Ininofities_ He also ta压ed Wi迂1 representatives of 0山ef Civil Society gr0uPS， Such as Political PartieS， emPlOyerS， trade uI1iOI1S， 迂le Sports W0rld， Various religions and the Inedia_ At 迂le request of one NGO， 迂le Special Rapporteur Went to Solothurn to Ineet Wi迂1 asylum一seekers Whose applications had Ilot been considered for formal reasons_ He also ViSi[ed， in BaSel， a deportation centre and a registration and Procedure centre_ S_ TTIC Special Rapporteur Wishes to 迂lank 迂le Government of S麒潭itzerland for its inVitatiOn， as Well as for its availability and Openness_ He also Wishes to tha.nk 迂le competent Services for 迂leir c00PeratiOn， Particularly 迂le Service for Combating RaciSIn， for the efficient Inanner in Which his Visit Was Organized_ 6_ During the mon迂ls of Preparation Preceding his ViSit， 迂le Special Rapporteur closely examined 迂le documents and reports Sent to him by the SWiSS authorities and NGOS， and followed With attention articles in 迂le Swiss and international Press dealing Wi迂1 questions relating to his Inandate_ 7_ II1 the course of his IniSSi0I1， 迂le Special Rapporteur raised three Inain questions Wi迂1 all 迂le Persons Wi迂1 Whom he Inet， concerning (a) 迂le existence of raciSIn， racial discrimination and Xenophobia in S麒潭itzerland二 (b) their Principal Inanifestations二 and (C) Ineasures and Programmes adopted by the Government to add工ess these Phen0mena， of to be carried out in cooperation Wi迂1 civil Society and 迂le communities concerned_ The Special Rapporteur also asked them to tra_nsmit to him With any documents t壬1乏廿1t might help him to obtain the Inost objective and complete Picture Possible and to d工aft an 0bjectiVe， credible and useful report_ A/IˉIRC/4/19/Add_Z page S I. (...) Linguistic and religious composition 8_ The Swiss Confederation is a Inulticultural country With four national languages二 German (spoken by 63.7 Per cent of 迂le P0PulatiOn)， French (Z0_4 Per cent)， Italian (6_S Per cent) and Rumantsch (0_S per cent)_1 9_ Ca迂lolicism and Protestantism are 迂le two traditional religions in Switzerland and， according to the latest federal census in Z000， represent 39.98 per cent and 46.32 Per cent of tl〕e SWiSS P0PulatiOn， respectively_ 10_ According to 迂le 2000 federal cenSuS， there are 3l0，807 Muslims in S麒潭itzerland二 Inost of them are nationals of 迂le former Yugoslavia of Turks二 Arabic Speakers account for only S_6 Per cent of 迂le Muslims in S麒潭itzerland_ TTIC Muslim Population is Inore concentrated in Predominantly urban cantons than in Inountainous of rural cant0nS_z of the total number of Muslims in SWitzerland， ll_7S Per cent have SWiSS nationality_ TTIC census also indicates that 0.4 Per cent of 迂le Population is Hindu， 0.3 Per cent Buddhist and 0.2 Per cent IeWiSh_ B. Distinctive features of the Swiss federal System 11_ The SWiSS Political Structure is composed of 迂lree levels二 the c0InInune， the canton and 迂le Confederation_ Switzerland has approximately Z，800 communes in 26 cantons and Semi一cantons_ Each canton has its Own c0I1Stituti0I1， Parliament and c0urtS， and has broad P0WerS， Particularly in the areas of Public educatiOn， heal迂1， the judicial System and Security_ 12_ One of 迂le distinctive features of SWiSS democracy is t壬1乏廿1t it is direct， in that 迂le People Inonitor 迂leir elected Officials On a continuous basis_ II1 fact， 迂le electorate has two instruments 迂lat enable it to take action On a Ineasure decided by the State二 popular referenduInS， Which Inay be optional of InandatOry， and Popular initiatives_ The optional referendum Inakes it Possible to question a laW adopted by the Federal Assembly_ Referendums are Inandatory in 迂le cases enumerated in the Federal Constitution_ Popular initiatives at the federal level enable a citizenS， committee to propose amendments to 迂le Federal Constitution_ 13_ The Federal Council is 迂le executive organ of 迂le SWiSS Confederation_ It is composed of Seven IneInberS， elected of re一elected for a four一year terIn， renewable by the 1 Soufce二 EUREL，http二//eurel.u一Stl′aSbg.ff/EN/index_php. 2 VZE r邝乙亿S乙亿Zr邝况邝E E邝 SMZSSE_ˉ P厂口又窃ZS Z丕ZE邝ZZZ况艺厂ES, 睹E阴况邝丕ZES EZ歹E厂CE癣Z艺口邝S 丕ZES r邝乙亿S乙亿Zr邝况邝S E邝 SMZSSE， report Prepared by 迂le Group of Researchers on Islam in S麒潭itzerland (GRIS)， Documentation On Integration P0licy， Befn， Fedefal Commission fof F0reignerS， ZO0S， P_ S_ A/HRC/4/19/Add_Z page 6 Federal ASSembly， and Operates according to the principle of collegiate responsibility_ The Council is currently composed of tWO S0cialiStS， tWO radicalS， a Christian democrat and tWO Inembefs of the Swiss PeoPle，S Party/Centfe Democfatic Union (SVP/UDC)_ 14_ The Federal Constitution defines 迂le fundamental rights and Powers of 迂le Confederation_ TTIC Confederation is responsible for foreign P0licy， defence， cuStOInS， monetary Policy and national legislation On entry iI1t0， Sojourn in and departure from Switzerland and Settlement by f0reignerS， and on 迂le granting of asylum_ II1 keeping With the Principle according to Which 迂le Confederation has only the POWCTS conferred on it by the C0I1StitutiOI1， Whereas 迂le cantons have general and Subsidiary P0WerS， Inatters that do Ilot fall Wi迂lin the competence of the Confederation are dealt Wi迂1 by 迂le cantons_ 15_ The Swiss State System is Vefy distinctive owing to fedefaliSIn， tl1e Sharing of powefs be[Ween the Confederation and the can[OnS， and 迂le Operation of direct democfacy_ Problem relating to racism can 迂lerefore fall Wi迂lin the competence of 迂le C0nfederatiOn， 迂le cantons of even the communes_ C. Legislative framework 16_ TTIC neW Federal C0I1StitutiOI1， Which entered into force in Z000， contains a Provision on equality and non一discrimination (乏廿工rt_ 8)_ By amending the article of 迂le Previous C0nStituti0I1， Which Stated 迂lat 4瀹All Swiss are equal before 迂le laW，，， article 8， Paragraph l， affirms 迂le equality of all 4石human beingS，， before tl〕e laW_ Paragraph 2 of the Same article declares that 4石Nobody Shall Suffer diScriIninatiOn， Particularly on grounds of 0rigiI1， race， SeX， age， language， Social P0SitiOn， lifeStyle， religiOuS， Philosophical of Political c0I1VictiOI1S， of because of a Physical of Inental diSability_，， 17_ TTIC International Convention On the Elimination of All Forms of Racial Discrimination Was adopted by 迂le Federal Assembly On 9 March 1993 and entered into force in SWitzerland On 29 December 1994_ II1 Order to Ineet 迂le requirements of 迂le c0I1VeI1ti0I1， article 261 biS， Which criminalizes discrimination and Public incitement to racial ha〔red， Was introduced in 迂le Criminal Code_ The au迂lorities have also envisaged 迂le adoption of two additional articles to 迂lis article concerning 迂le Wearing of distinctive Signs of a discriminatory attitude based on race of the public use of Sl0ganS， gestures of forms of Salutation With a racist Ineaning (art_ 261 ter) and the criminalization of 迂le creation 0f， of Participation iI1， groups that intend to commit acts Prohibited under article 261 bis (art_ 261 quater)_ M0re0Ver， in Iune 2003 Switzerland recognized the individual communications Procedure under article 14 of the International Convention On the Elimination of All Forms of Racial Discrimination_ 18_ Afticle 261 bis of 迂le Criminal Code remains Subject to tWO Paradoxical criticisms_ On 迂le one hand， Some V0iceS， Particularly from 迂le Political right， are calling for 迂le abolition of 迂lis article， Which 迂ley consider useless of contrary to freedom of expression_ During an official Inission to Turkey in October Z006， the Swiss Minister of IuStice， Christophe Bl0cher， criticized A/IˉIRC/4/19/Add_Z page 7 the use of 由is article and Stated二 4石this article makes Ine Sic1〈，，_3 on his return， the Minister of Iustice confirmed his intention of amending the anti一racist provision of 迂le Criminal Code_4 19_ on the Other hand， article 261 bis has been criticized because of its lack of Scope and because it is difficult [O use and apply_ During 迂le Special RaPPOr[eur，S ViSi[， the question Was asked Whether racist behaviour in 迂le Swiss army Was in 迂le 4瀹Public，， domain_ II1 迂le context of an inquiry to obtain additional eVidence， an investigating judge of 迂le Military Tribunal Proposed 迂lat the competent commander Should Ilot Order 迂le taking of evidence against four of his recruits for the Offence of racial discrimination (Nazi Salutes and racist Speech)， but Should Subject 迂lem to disciplinary Ineasures_ According [O hiIn， 迂le accused and the Soldiers that complained kneW each other Well and， therefOre， the remarks Were Ilot Inade in Public in 迂le Ineaning of the laW_ The Attorney一General of 迂le SWiSS Army rejected 由is argument and Pointed Out 山at 4石the practice of military justice in racial discrimination cases is I10 diffefent from the Practice of civil criminal juStice， in Particular that of 迂le Swiss Federal Tribunal，，_5 II1 accordance Wi迂1 article 171 (C) of the Military Criminal C0de， the content of Which is identical to article 261 biS， military Proceedings are Still Pending_ 20_ According to Statistics Provided by the Federal Commission against RaciSIn， 212 complaints Were lodged between l99S and 2002 With the competent au迂lorities 迂lrough 迂le application of article 261 bis_ II1 48 Per cent of 迂le caSeS， 迂le investigating auth0ri[ieS， after a brief examination of the fac[S， did Ilot institute judicial PrOceedingS， Suspended 迂le Proceedings of did Ilot consider the complaints_ II1 迂le o迂ler caSeS， 迂le complaints Were considered in the context of Substantive law and a judgement Was ha_nded down_ II1 Some 80 Per cent of these caSeS， 迂le au迂lorities found the accused Person guilty_ These decisions and judgements Were handed d0Wn by 迂le Prosecution authorities of courts of Various instances二 certain cases Were brought before highef judicial bodies_6 Zl_ NeW article 386 of the Criminal C0de， Which entefed into force On 1 Ianuary Z006， created 迂le legal basis for the C0nfederatiOn，S Ineasures to Stop reprehensible acts and Prevent criIne， and to establish and Support organizations t壬1乏廿1t Pursue Such objectives_ 22_ The Committee On the Elimination of Racial Discrimination considered 迂lree reports Submitted by S麒潭itzerland to its fifty一second and Sixtieth Sessions in 1998 and ZO0Z， reSPectiVely， and Inade a numbef of recommendations to 迂le authofities (CERD/C/304/Add_44 and CERD/C/60/CO/l4)_ O迂ler institutions 迂lat have also considered questions relating to racism 3 WWW_SWiSSinf0_0rg， DE T眈厂呸眈ZE, BZ口C苑E厂Z】厂口V口呸眈E 冽刀E Z】口Z邑阴Z呸眈E E刀 S眈ZSSE， 4 October 2006_ 4 WWW_SWiSSinfO_Org， C阮厂ZSZ口癣阮E厂 BZ口C阮E厂 ZZE邝Z 魔 厂巨V艺SE厂 Z况 邝口厂阴E 况邝ZZ厂况C艺S阴E， 6 October 2006_ 【Jl office of 迂le Att0rney一General， press releaSe， 10 Ianuaty 2006_ 压 TTIC Federal Commission against Racism has opened a database on the Internet listing 迂le decisions handed down under article 261 bis (http二//WWW_edi_admin_ch/ekr/db/Start/)_ A/HRC/4/19/Add_Z page 8 and Xenophobia in S麒潭itzerland include 迂le Council of Europe and the European Commission against Racism and Illtolerance (ECRI)_7 It Should be noted [ha[， When it acceded [O 迂le International Convention On 迂le Elimination of All Forms of Racial DiScriIninati0n， Switzerland Inade two reservations to article Z， paragraph 1 (a)， Stating that 4石switzerland reserves 迂le right to apply its legal Provisions relating to the admission of foreigners to 迂le Swiss labour market，，， and also to article 4， concerning freedom of association_ D.
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