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17 February 2014 The Committee on the Elimination of Racial Discrimination today completed its consideration of the combined seventh to ninth periodic reports of !it"erland on its implementation of the provisions of the Convention on the Elimination of #ll Forms of Racial Discrimination$ %resentin& the report' (ur& )indenmann' Deputy Director of the Directorate for *nternational %ublic )a! at the Federal +inistry of Forei&n #ffairs' said that livin& toðer' in diversity and !ith mutual respect !as in the tradition of !it"erland$ !it"erland had a monist le&al tradition' meanin& that once the tate party ratified an international treaty' its provisions became immediately bindin& for all tate bodies$ #t the be&innin& of 2014' a four,year pro&ramme for inte&ration had been -ointly launched by the Federal .ffice for +i&rations and cantons$ The !iss /overnment !as providin& continuous support to the Federal Commission a&ainst Racism$ .n the issue of the Roma and Travellers' the dele&ation e0plained that nobody should be sub-ect to discrimination because of their lifestyle' !hile the use of physical force and constraint !ith re&ard to e0pulsions could be used only under very clearly defined conditions$ Durin& the discussion' Committee E0perts said the lac1 of comprehensive federal le&islation definin& racial discrimination !as re&retful$ *t !as noted that 22 per cent of the !iss population of almost ei&ht million !ere forei&ners$ Concern !as e0pressed over the recent popular vote on the curbin& of mass immi&ration' the conse3uences of !hich !ere yet to be seen' and the 3uestion of compatibility of some popular initiatives !ith the international la! !as raised$ 4uestions !ere also raised about the treatment of Roma' Travellers' 5eniche' people of #frican descent' asylum see1ers' mi&rant !omen !or1ers' and the number of racial discrimination and hate speech cases prosecuted in courts$ *n concludin& remar1s' #nastasia Cric1ley' Country Rapporteur for !it"erland' said the Committee appreciated the dele&ation6s precise and honest ans!ers but that the issues of media stereotypin& and hate speech by politicians had not been directly covered and voiced concerns about the underlyin& trend of the 7democrati"ation of discrimination8$ 9hile positive measures
made by !it"erland !ere !elcome' an impression persisted that racial discrimination !as not bein& dealt at the same level as &ender and other types of discrimination$ +r$ )indenmann' in concludin& remar1s' said preservin& and re,creatin& a society in !hich members could live toðer !ith mutual respect !as an on&oin& process and the authorities !ere fully a!are that it !as a sustained effort$ The Committee6s e0pertise and advice !as beneficial to !it"erland in its continuation of activities to combat racial discrimination$ The dele&ation of !it"erland included representatives of the Federal +inistry of Forei&n #ffairs' Federal +inistry of the *nterior' Federal +inistry of (ustice and %olice' %olice of the Canton of /eneva' Cantonal :ureau for *nte&ration of Forei&ners and %revention of Racism of ;aud and )ausanne' and the %ermanent +ission of !it"erland to the <nited =ations .ffice at /eneva$ The ne0t public meetin& of the Committee !ill ta1e place at 2 p$m$ on Tuesday' 1> February' !hen it !ill hold an informal meetin& !ith tates parties$ Report The combined seventh to ninth periodic report of !it"erland can be read here ?CERD@C@CAE@7,BC$ %resentation of the Report (<R/ )*=DE=+#==' Deputy Director for *nternational %ublic )a! at the Federal +inistry of Forei&n #ffairs of !it"erland' said that livin& toðer in diversity and !ith mutual respect !as in the tradition of !it"erland$ ince the previous consideration of !it"erland at the Committee in 200B' the tate party had had an opportunity to discuss the sub-ect matter !ith a number of re&ional and international partners' includin& the Council of Europe' the European Commission a&ainst Racism and *ntolerance' and the .r&ani"ation for ecurity and Cooperation6s Ai&h Commissariat for =ational +inorities$ !it"erland had also been discussed at the <niversal %eriodic Revie! in .ctober 2012$ =umerous observations from those interactions had been incorporated in the current report under revie!$ 9ith re&ard to the institutional frame!or1 and the implementation policy' +r$ )indenmann said that !it"erland had a monist le&al tradition' meanin& that once the tate party ratified an international treaty' its provisions became immediately bindin& for all tate bodies$ *n !it"erland' the principle of subsidiarity !as developed' !ith the bottom,up approach' !hich meant that cantons dele&ated responsibilities to the Confederation and tate activities !ere closer to the citi"ens$ 9hile it !as true that !it"erland did not have comprehensive federal le&islation to fi&ht racial discrimination' all levels of &overnment had to respect the provisions of the Convention$ ome cantons !ent over and beyond minimal re3uirements as re3uested by the Convention$ #t the be&innin& of 2014' a four,year pro&ramme for inte&ration had been -ointly launched by the Federal .ffice for +i&ration and cantons$ #ll cantons !ere to put in place advisory services
for victims of racial discrimination$ *nte&ration !as loo1ed at as a tas1 for the entire society' and a process !as under!ay to revise the Federal )a! on Forei&ners and *nte&ration$ Concernin& cases of racial discrimination before the courts' it !as stressed that the !iss /overnment had been !or1in& to raise a!areness on that matter and had ta1en various measures to tac1le it$ The database mana&ed by the Federal Commission a&ainst Racism played a si&nificant role' but it !as reco&ni"ed that data collection could be further improved$ The 2012 report on combattin& racism had mar1ed the be&innin& of biannual reportin& on efforts in that field$ The report' published in three official lan&ua&es' had presented the situation of particular vulnerable &roups' identified !ea1nesses and su&&ested areas of improvement$ Re&ardin& the compatibility of popular initiatives put to vote !ith !iss international obli&ations' !hich had not become any less topical in recent months' proposals put for!ard by the !iss /overnment had not yet received enou&h political support$ The !iss people had -ust spo1en out a&ainst mass immi&ration' based on !hich annual 3uotas should be established !ithin a three,year period$ *n that timeframe the !iss /overnment !ould consult !ith European partners !ith the vie! of findin& a common &round$ The !iss /overnment had re&ularly supported the Federal Commission a&ainst Racism' providin& it !ith an annual bud&et of 200'000 !iss francs$ The Commission observed the media' ne! and -udicial practices' and also follo!ed social and political life$ +r$ )indenmann said that inte&ration in the labour mar1et !as essential for the stability and economic &ro!th of the country$ *n 200B' a conference had ta1en place bet!een employers' unions' and local and federal authorities$ *t had been a&reed that the dialo&ue had to continue and be stren&thened on themes of inte&ration and discrimination' particularly at the local and re&ional levels' !here daily inte&ration !as effectively ta1in& place$ 9hile fundamental freedom of e0pression !as observed and promoted' an e0ample !as &iven of Do&u %ernice1' !ho had been recently condemned for denyin& the #rmenian &enocide$ +embers of the Federal #ssembly and the !iss /overnment had their immunity restricted if they committed acts of racial discrimination$ #!areness promotion !as also bein& carried out at all levels of the #rmy' both the recruits and the staff officers' !hile a system of sanctions !as also in place$ #ddressin& the issue of the Roma and Travellers' the dele&ation e0plained that nobody should be sub-ect to discrimination because of their lifestyle$ Travellers livin& in !it"erland almost all belon&ed to the ethnic &roup of 5eniche' some 2'000 of !hom !ere still livin& a nomadic life style$ The sedentary 5eniche !ere treated as all other !iss citi"ensD the !iss /overnment !as still providin& reparations for offences committed a&ainst that population in the past$ 9hile the nomadic Roma mostly came from France and *taly' Roma !ho had settled in !it"erland had normally come from the former 5u&oslavia' and their number !as estimated at E0'000$ # number of areas for their caravans had been provided$ .n the issue of the ban on coverin& one6s face in public in the canton of Ticino' !hich had been
approved by voters in eptember 2012' the dele&ation said that the prohibition !as not particularly aimed at any particular &roup' but it had particularly affected the +uslim community$ The verification procedure of the vote !as to ta1e place in 2014' !hen the Federal #ssembly !as e0pected to verify the compatibility of the voted provision !ith the constitutional and international la!$ =othin& in the )a! on #sylum restricted the freedom of movement of asylum see1ers or their access to public spaces$ Fundamental ri&hts of asylum see1ers !ere &uaranteed at all times' and earlier misunderstandin&s in the city of :rem&arten had no! been addressed and overcome$ The dele&ation specified that all victims of police abuse and violence could brin& their cases to the courts$ The use of physical force and constraint !ith re&ard to e0pulsions could be used only under very clearly defined conditions specified in a &uideboo1$ Re&ardin& persons in need of ur&ent assistance' the !iss /overnment had informed that it lay !ithin the primary responsibility of cantonsD specific needs of children and adolescents had to be ta1en into account$ +andatory schoolin& also applied to undocumented children$ 4uestions by E0perts The Chairperson said that the presentation had been comprehensive' and provided additional information to that provided in the report$ The involvement of non,&overnmental or&ani"ations in the preparation of the report !as also commended$ #=# T#C*# CR*CF)E5' Committee E0pert and Country Rapporteur for !it"erland' be&an by notin& that 22 per cent of the !iss population of almost ei&ht million !ere forei&ners$ !iss federalism too1 direct account of the bottom,up approach' !hich provided for a positive perception of citi"ens6 inclusiveness$ The challen&e for the Committee !as to help the tate party identify and re,enforce enhanced implementation of the Convention$ The ne! appointment order for the Federal Commission a&ainst Racism' !hich had emphasi"ed its independence' !as commended' but re&ret !as e0pressed over the lac1 of increase in the Commission6s financin&$ Re&ardin& le&islation' it remained unclear !hat the e0act implications of the latest referendum on immi&ration !ould be' +s$ Cric1ley said$ Could the dele&ation shed some li&ht on that sub-ectG .n the 3uestion of inte&ration' could the tate party comment on reports on lar&e numbers of undocumented mi&rantsG 9as the tate party considerin& ratifyin& the *nternational )abour .r&ani"ation6s Convention on the %rotection of Domestic 9or1ers and the Convention on the Ri&hts of #ll +i&rants and +embers of Their FamiliesG The lac1 of comprehensive federal le&islation definin& racial discrimination !as re&retful$ %olitical efforts to achieve any such le&islation had failed thus far$ *t !as positive that !it"erland !as &oin& throu&h a constant debate on federalism$ *nnovative developments at the federal level !ould be !elcomed$ Concern !as e0pressed that previous !iss -urisprudence stated that a victim of domestic violence could remain in !it"erland after leavin& her husband provided that the violence had
reached a certain threshold$ Could more information be provided on !omen mi&rants or !omen from minority &roups' !ho !ere often in doubly vulnerable positionsG %rotection a&ainst discrimination in the areas of !or1' rented houses and services !as raised$ +s$ Cric1ley also as1ed for information on the so,called 7F8 status' !hich seemed to limit freedom of movement and possibly implied some indirect discrimination$ 9hat !as meant by 7!ell,inte&rated forei&ners8 in the current )a! on Citi"enshipG Concernin& racial profilin& at points of entry of people !ho !ere visibly different and the Roma !ho had arrived to the country recently' !hat measures !ere bein& ta1en to address profilin& and police behaviourG Ao! !as the police behaviour monitoredG Ao! !as the issue of stereotypin& of the Roma in the media and public perception bein& dealt !ithG The Commission a&ainst Racism had been &iven a 7C8 status$ +s$ Cric1ley ur&ed the tate party to consider establishin& a uni3ue independent human ri&hts institution in line !ith the %aris %rinciples' !hich !ould have an 7#8 status$ Re&ardin& the previous !ee16s public vote on mass immi&ration' an E0pert commented that !hile the ri&hts of the !iss people to have their say in full soverei&nty' the 7direct democracy8' had to be respected' there !ere fe! reasons to !elcome its result$ *t !as hi&hly li1ely that a hi&hly bureaucratic' costly and ineffective system of 3uotas !ould have to be established' and it !ould not be favourable to economic development$ The vote could provide an opportunity for the European <nion to reflect on the !ay its policy on free circulation of persons !as bein& applied$ %opular votes !ere not necessarily the best !ay of democratic e0pression and should not al!ays have the final say' another E0pert commented' addin& that the rise of the e0treme ri&ht throu&h democratic means' such as popular referenda' had a hu&e ne&ative impact on the efforts by the <nited =ations treaty bodies' includin& the Committee on the Elimination of Racial Discrimination$ The !ishes of !iss people' as e0pressed in referenda' ou&ht to be respected$ #t the same time' !it"erland !as not an islandD it !as firmly embedded in the international arena' had accepted myriad international standards' and !as a ma-or player and arbiter in mediation efforts' an E0pert said$ The E0pert e0pressed some sympathy !ith the !iss people !ho had voted in favour of the mass immi&ration ban$ There !ere competin& values at play here' he saidH the most democratic e0pression of popular !ill versus the adherence to international treaties' includin& the Convention$ !iss people sometimes needed to be reminded that hate speech !as not permissible$ 9hat could be done to ensure that minorities livin& in !it"erland did not feel insecureG Could courts &et involved in private cases of discrimination' such as in the area of housin&G #n E0pert e0pressed his surprise at a statement by a /eneva official' !ho had implied that other cantons had not done enou&h to combat abuse of social aid and conduct labour inspections' !hich !as !hy the /erman,spea1in& cantons had voted in favour of the initiative$ *n the years to come' many people !ould suffer as a result of the previous !ee16s vote$
Relations bet!een !it"erland the European <nion !ould &o throu&h a time of turbulence' but there had to be hope that a sustained dialo&ue !ould allo! for reasonable solutions$ The current le&islation a&ainst racism !as deemed as underdeveloped' and concern !as also e0pressed that freedom of e0pression !as perhaps &iven priority over protection a&ainst hate and racist speech$ Concernin& ille&al immi&rants' over B0'000 people !ere supposed to be livin& in !it"erland !ithout residency papers' an E0pert said' as1in& !hat the authorities !ere doin& to resolve the problem$ #n E0pert as1ed about be&&ars in !iss streets$ The issue of lon&,term visas for E0perts attendin& Committee sessions !as raised by several E0perts$ ome Committee members had suffered from len&thy !iss visa procedures and delays$ !it"erland !as commended for ac1no!led&in& the 5eniche as an ethnic &roup and providin& provisions for their protection$ The survival of the Romanche lan&ua&e !as raised !ith some concern$ Efforts should be made to ensure its sustainability$ # 3uestion !as as1ed on the monitorin& of the status of persons of #frican descent$ 9hat !as the status of victims of racial discrimination in the !iss Criminal CodeG Ao! !ere the complaints a&ainst the police processedG 9ere they considered by the prosecutor6s office or !ere they brou&ht before the courtsG 9ere there any e0amples of cases of !iss citi"ens !ho had been prosecuted for racial discriminationG The Committee held the Federal /overnment responsible for the implementation of the Convention' re&ardin& the internal system of or&ani"ation of the tate party$ The E0pert reiterated that there !as a need for a federal la! to combat racism$ 9hile it !as fran1 to admit that there !as no political !ill for such a move' !hat could be done to address that problemG *t !as the tas1 of the Federal /overnment to find a !ay to overcome such obstacles$ Re&ardin& the freedom of movement of asylum see1ers' the E0pert as1ed for clarification on !hether asylum see1ers had unlimited access to public places in addition to public services$ 9hat !as e0pected of private businesses in that re&ardG Ao! did the tate party interpret mandatory provisions of international la!G 9as it understood the same !ay as -us co&ensG To !hich e0tent did the tate party consider norms prohibitin& racial discrimination as fallin& under mandatory international la!G !it"erland !as as1ed about its reservations on article 4 of the Convention$ To !hich de&ree !ere cantonal initiatives sub-ect to international la!' an E0pert in3uired$ 9as the referendum on bannin& face coverin&s in Ticino bein& revie!ed on the basis of international or national instrumentsG There seemed to be a persistent practice of forced marria&e in !it"erland' as reported by other committees I !ould the dele&ation have any data to offer on that matterG #n E0pert noted efforts made by !it"erland to fi&ht racism in sport$ Ae reminded that
!it"erland' alon& !ith #ustria' had hosted the European Football Championship in 200>$ 9as !it"erland part of the :udapest Convention and !as it ta1in& actions a&ainst racist and hate speech onlineG Teachin& on the Aolocaust and &enocide should be further developed' and children should be tau&ht that e0tremist political ideolo&ies could have serious repercussions' an E0pert recommended$ #n E0pert as1ed for information on detained mi&rants and forei&ners to help analyse possible structural discrimination$ 9as the tate party underta1in& any activities for the *nternational 5ear and Decade of %eople of #frican DescentG 9hat did it mean to be an indi&enous person in the !iss conte0t' another E0pert as1ed$ The Country Rapporteur ho! e0ternal economic policies lined up !ith !it"erland6s human ri&ht policy and the elimination of racial discrimination$ Response by the Dele&ation Re&ardin& the public vote on mass immi&ration that too1 place last !ee1' +r$ )indenmann said that E0$2 per cent of the !iss population could not be considered 0enophobic$ Rather' many people !ere an0ious about &lobali"ation and moderni"ation processes around them' and !anted to preserve !it"erland as they 1ne! it in the past$ *n 2012' some >0'000 ne! people from abroad had come to live in !it"erland' !hich !as the si"e of )ucerne' the seventh lar&est !iss city$ %eople6s concerns had to be ta1en into consideration$ *t !as too early to say !hat !ould happen ne0t !ith re&ard to the mi&ration 3uotas$ !it"erland !ould need to start a dialo&ue !ith the European <nion soon$ Comments by the E0perts re&ardin& the issuance of visas !ere ta1en into consideration and !ould be properly loo1ed at' a dele&ate added$ *n response to the 3uestions re&ardin& domestic violence' especially a&ainst mi&rant !omen' the dele&ation e0plained that if one of the partners !as a victim of domestic violence' the level of seriousness arose from -urisprudence$ *t became serious only from the certain de&ree' after !hich ri&hts could be ascertained' and at !hich point it had to be decided !hether marital arran&ements could be continued$ #s of 200B' domestic violence had been included in trainin&s for social !or1ers dealin& !ith mi&rants$ .n forced marria&es in !it"erland' since 200E specific actions had been ta1en at the federal level' includin& an a!areness,raisin& campai&n and a number of pilot pro-ects' focusin& on particular tar&et &roups$ T!o million !iss francs had no! been assi&ned for that purpose until 201>$ There !as a federal le&islation in place a&ainst forced marria&es since 2012' and marria&es !ith forei&n minors !as not permitted$ !it"erland !as also supportin& international efforts to combat child and enforced marria&es$ !it"erland !as in the process of ratifyin& the *nternational )abour .r&ani"ation6s Convention
on Domestic 9or1ers' the dele&ation informed the Committee$ Criminal complaints launched a&ainst police officers !ere dealt !ith directly by a public prosecutor6s office$ Decisions or rulin&s could be appealed in front of the cantonal or federal authorities if needed$ %articular attention !as &iven to recruitment of police staff' and the emphasis !as on psycholo&ical testin& and police ethics$ Trainin& lasted for a full yearD in addition' police officers had to under&o some 100 hours of trainin& per year$ The police force had an ethics committee !hich e0amined all sorts of complaints$ The dele&ation stressed that police violence !as a ma-or ris1 for the institution' and all necessary measures to limit it !ere ta1en under the direct supervision of cantonal chiefs of police$ The dele&ation e0plained that the fundamental ri&hts of asylum see1ers !ere &uaranteed by the !iss Constitution and their freedom of movement !as not restricted$ There !ere no provisions that asylum see1ers had to avoid certain nei&hbourhoods or public spaces$ Recently' a decision had been ta1en that ordinary refu&ees had to comply !ith the same re3uirements as other forei&ners in !it"erland in order to receive permanent residence permit$ %ersons !ho had made asylum re3uests in !it"erland could be admitted provisionally if their return to their home country !as not possible or not reasonable$ The ma-ority of such cases remained in the country for a variety of reasons$ %eople !ho received an 7F8 permit could as1 for family reunification and the cantonal authorities may &rant temporarily admitted persons a !or1 permit *rrespective of the -ob mar1et and economic situation$ Re&ardin& specific inte&ration measures' sin&le federal payments of J'000 !iss francs per person !ere &iven to the cantons in order to encoura&e and support local inte&ration measures$ The use of such inte&ration payments !as meant e0clusively for the particular tar&et &roups$ .nly a person !ho had spent 12 years in !it"erland !as eli&ible for naturali"ation' but that period of time could be reduced to ei&ht years for residents$ The %arliament and the /overnment could not yet a&ree on that issue' so the e0act time re3uirement !as yet to be decided$ #mon& the preconditions for naturali"ation !ere respect for public security and order' some lan&ua&e 1no!led&e' and participation in the social and economic life of the country$ Cantons' municipalities and communities could decide on their o!n provisions and re3uirements for naturali"ation' but efforts !ere under!ay to streamline and accelerate naturali"ation$ !it"erland had refused &eneral amnesty in cases of people livin& in the country !ithout residence permits and !ith false documents$ Family lin1s' health and financial circumstances and other factors !ere all ta1en into account !hen decidin& on steps for!ard$ #ll children livin& in !it"erland !ere included in public schools' and &uaranteed basic education' and 3uite recently children !ithout documentation had also been allo!ed to complete apprenticeships after mandatory education$ !it"erland did not have a &eneral anti,discrimination la! at the federal level but a &eneral ban on discrimination !as provided for by the Constitution$ %rivate la! had several provisions !hich could be invo1ed in discrimination casesD an e0ample !as &iven of a !aitress !ho had been fined for refusin& to serve three persons of #frican descent$ To help the victims of
discrimination in their proceedin&s' a handboo1 had been published !ith advice on ho! to protect oneself and support one6s case$ *n 2012' several federal offices had as1ed for a comprehensive study on le&al provisions a&ainst discrimination in the tate party6s le&islation and the results of the study !ere e0pected in summer 201E$ # 2012 report by the ervice to Fi&ht Racism summari"ed efforts to combat racism' and the ne0t report !ould focus on outcomes of cantonal and municipal activities in that re&ard$ ince (anuary 2014' all 2J cantons had been implementin& four,year cantonal inte&ration pro&rammes' includin& provisions a&ainst discrimination$ *nventories in ei&ht areas had been prepared to identify the shortcomin&s and prepare remedies$ Fundin& stood at 110 million !iss francs per year for four years' and included'inter alia' areas of education' employabilityD social inte&ration and trainin& for combattin& discrimination$ %rotection a&ainst discrimination had for the first time become an obli&atory area$ pecial attention !as &iven to mi&rant !omen$ #n e0ample !as &iven of the )ausanne pro&ramme' !hich had ta1en a number of measures' includin& establishin& action !ee1s a&ainst racism$ That had allo!ed for innovative approaches on an annual basis' emphasi"in& that in the fi&ht a&ainst discrimination' each partner had a role to play$ Diversity !as stressed as a 1ey value of the !iss society$ The dele&ation listed problems connected to racial profilin&' !hich !ere e0plicitly prohibited in the police code of conduct$ #t times' so,called 7tar&eted searches8 had to ta1e place' but had to comply !ith strict ethnical' professional criteria' such as havin& a le&itimate focus and aim' !ithout pre-udice$ #lso it had to be made clear to the person searched that it !as not an arbitrary measure$ The 5eniche !ere an indi&enous people !ho had lived !ithin !iss society for centuries' a dele&ate said$ 9hile the ma-ority had no! been settled' some continued a nomadic lifestyle$ *n 1BB7' the 5eniche lan&ua&e !as reco&ni"ed as a national lan&ua&e !ithout a territory and the small number of 5eniche children did not ma1e teachin& in their lan&ua&e viable$ The main issues included establishin& areas for their caravans' !hich could be prevented by popular referenda$ There !ere bet!een 40'000 and J0'000 Roma in !it"erland$ :uildin&s on public land had to be in line !ith re&ulations' and the police !ere ta1in& !ee1ly actions to ensure the respect of the la!D such actions !ere not racially motivated or discriminatory$ There !ere le&al provisions for be&&ars to be fined' a dele&ate said' citin& the e0ample of the city of )ausanne' !here efforts had been made to limit be&&in& !ithout criminali"in& poverty$ :e&&ars !ere not allo!ed to use children or approach passers,by$ ome police officers had been trained to be mediators bet!een the local authorities and the Roma community passin& throu&h )ausanne$ #ns!erin& 3uestions on statistics' the dele&ation informed that there had been 1>1 complaints of racial discrimination in 2012' and fe!er than 20 rulin&s$ There !ere no specific disa&&re&ated statistics on the prison population' but some 7E per cent
of prisoners !ere not !iss citi"ens$ *n recent surveys' appro0imately si0 per cent of !iss and 1> per cent of forei&ners said they felt they !ere discriminated a&ainst$ Tools !ere bein& developed to better &au&e perceptions and attitudes of the population$ Follo!,up 4uestions by the E0perts #n E0pert as1ed !hether there !ere constitutional barriers to havin& a federal la! on racial discrimination$ Could more data be provided on ho! provisions of other la!s had thus far been used for redress on racial discriminationG 9ere there fi0ed dama&es or prison penalties as !ellG The Country Rapporteur as1ed !hy cantonal pro&rammes of inte&ration did not include any provisions on t!o,!ay process' and e0pressed concern that inte&ration !as bein& used to replace the need of anti,discrimination le&islation$ he added that summer 201E !as too late a deadline to complete the comprehensive federal study on anti,discriminatory le&islation$ 9as the tate party &ivin& active consideration to the development of an 7#8,status national human ri&hts institutionG #n E0pert emphasi"ed that violence a&ainst !omen !as violence a&ainst !omen' and it !as a matter of concern if the tate party !as ma1in& distinction !ith re&ard to the level of seriousness$ Ao! did !it"erland ensure that the messa&e of mi&rant contributions to the !iss economy !as ade3uately presented and portrayedG Ao! !as the reality of the ne!' emer&in& !iss diversity celebratedG Considerable concern !as e0pressed over &eneral conditions for 7tar&eted searches8' !hich !ere not specific enou&h$ Response by the Dele&ation The dele&ation e0plained that the Constitution prescribed that federal and cantonal authorities had to respect the international la!' !hich made it the la! of land in !it"erland$ The Federal #ssembly had to ensure that cantonal constitutions and their amendments !ere in line !ith the accepted international norms$ #n e0ample !as an on&oin& federal e0amination of the Ticino vote on the ban of full face cover$ The Federal #ssembly also had the ri&ht to ensure that popular initiatives did not violate the ius co&ens' such as prohibition of &enocide' torture and cruel treatment' or violatin& the fundamental human ri&hts$ The ne! criminal procedural code adopted in (anuary 2011 harmoni"ed across the country the ri&ht to defence and ensured the more !idespread ri&hts of victims and their protection$ The role of the victims in the proceedin&s !as 3uite broadD a public prosecutor could commence a case !ithout anyone submittin& a formal complaint$ *t !as specified that one could not directly base a complaint a&ainst discrimination on the basis of the Constitution$ There !as no constitutional obstacle for a federal la! a&ainst racial discrimination$ The dele&ation said that cantonal pro&rammes for inte&ration did not aim at assimilation$ #ll institutions that provided particular services had to ensure a!areness,raisin& amon& their o!n
staff' media and the youn& people$ Considerable pro&ress had been achieved on inte&ration and fi&ht a&ainst discrimination across the 2J cantons' but more !or1 remained to be done' particularly !hen it came to the presentation of mi&rants in the media' a dele&ate said$ The study loo1in& at all the available means to combat discrimination !ould present its findin&s only in 201E as it !as very broad' !as coverin& all 1inds of discrimination and !ould include a number of recommendations$ 9hen the Centre of Competence on Auman Ri&hts !as set up' it had been decided to create it as a five,year pilot pro-ect preparin& a &round for a political decision on establishin& an 7#8 level institution$ The Centre !as entirely independent in its stance and in 201E an evaluation of the Centre !ould be conducted' based on !hich the !iss /overnment !ould decide on further steps$ Follo!,up 4uestions by the E0perts #n E0pert noted that !it"erland used the term 7tar&eted searches8 for !hat actually appeared to be racial profilin&$ The matter had to be le&ally re&ulated and not left to the discretion of the police$ The Roma !ould continue their travel across Europe re&ardless of border chec1s' !hich !as !hy European countries' both those of ori&in and destination' had to !or1 toðer in that re&ard' an E0pert as1ed' also as1in& for more information on the freedom of movement of mi&rants in bet!een cantons across !it"erlandG That the forei&ner population of !it"erland !as only 22 per cent but forei&ners made up 7E per cent of the !iss prison population !as a si&n of hu&eoverrepresentation of incarcerated forei&ners' an E0pert said' as1in& for information on that in the ne0t report$ Response by the Dele&ation %ublic prosecution in !it"erland !as utterly independent in the implementation of the la!$ *f a victim of racial discrimination !anted to appeal a&ainst a public prosecutor6s decision' there !ere procedural &uarantees for that$ Concernin& freedom of movement' persons !ith temporary residency permits can under certain conditions travel abroad$ Those !ho !anted to chan&e cantons had to establish households in another place' after !hich mi&ration offices of t!o respective cantons !ould consider and approve the case$ Responsibility of !it"erland !ith re&ard to human ri&hts and environment !hen it came to the country6s forei&n trade !as tac1led at the federal level$ !it"erland !as !or1in& on promotin& hi&h standards of human ri&hts and democracy internationally' and ma1in& sure that those !ere implemented by private companies as !ell' a dele&ate said$ The Romanche lan&ua&e had its o!n publications and media' and !as supported by the tate party$ The dele&ation noted that erbo,Croat !as spo1en by more than 200'000 people in
!it"erland' !hich !as much more than Romanche$ %ersons of #frican Descent !ere a symbolic' but important issue for !it"erland$ The <nited =ations /eneral #ssembly had not yet a&reed on the e0act content of the Decade' and !it"erland !ould actively cooperate !ith other +ember tates on definin& it$ 9ith re&ard to tac1lin& racism in sport' the dele&ation said that sport !as a &reat driver for the inte&ration of mi&rants and that !iss sportin& associations !ere !or1in& toðer to promote tolerance on multiple &rounds$ Re&ardin& e0tremists' a dele&ate said activities perpetrated by neo,=a"i militants in !it"erland had si&nificantly fallenD today' there !as an estimated 1'000 neo,=a"i in the country' 200 of !hom !ere considered violent and !ere under supervision of security services$ The disparity bet!een the percenta&e of forei&ners in prisons and the population at lar&e !as a complicated sub-ect and had to be loo1 at in more detail$ Concludin& Remar1s #=# T#C*# CR*CF)E5' Country Rapporteur for !it"erland' said the Committee appreciated the dele&ation6s precise and honest ans!ers but that the issues of media stereotypin& and hate speech by politicians had not been directly covered$ The Committee6s concludin& observations !ould tac1le the follo!in& areasH civil anti,discrimination le&islation' inte&ration pro&rammes' data collection and the development of a national human ri&hts institution$ Concerns about the underlyin& trend of the 7democrati"ation of discrimination8 !ere reiterated$ 9hile positive measures made by !it"erland !ere !elcome' an impression persisted that racial discrimination !as not bein& dealt at the same level as &ender and other types of discrimination' +s$ Cric1ley concluded$ (<R/ )*=DE=+#==' Deputy Director of the Directorate for *nternational %ublic )a! at the Federal +inistry of Forei&n #ffairs of !it"erland' than1ed the Committee for an open and constructive dialo&ue$ %reservin& and re,creatin& a society in !hich members could live toðer !ith mutual respect !as an on&oin& process and the authorities !ere fully a!are that it !as a sustained effort$ The Committee6s e0pertise and advice !as beneficial to !it"erland in its continuation of activities to combat racial discrimination' and its concludin& observations !ould be transmitted to the !iss /overnment$ KKKKKKKKK For use of the information mediaD not an official record