(Deportation initiative) | |
Filed on: February 15, 2008 | |
---|---|
Filed by: UDC | |
Counter-project: direct | |
Voting: November 28, 2010 | |
Participation: 52.6% | |
Result: accepted | |
By people: yes (52.9%) | |
By cantons: yes (15 5/2) |
The federal popular initiative "For the Expulsion of Criminal Foreigners," also known as the "expulsion initiative," is a Swiss popular initiative approved [NB 1] by the people and the cantons on November 28, 2010.
This initiative aims to amend Article 121 of the Federal Constitution to revoke the residence permits of foreigners convicted of serious offenses or who have fraudulently received social insurance benefits. It also seeks to ban them from entering Swiss territory for a period ranging from 5 to 15 years. [1]
Since 1985, the percentage of foreigners in Swiss prisons has increased. [2] The initiators attribute this trend to increased immigration from distant countries and cultures and a perceived leniency in enforcing penalties (particularly in terms of withdrawal and expulsion). The initiative was proposed to ensure strict adherence to existing laws.
In practice, according to 2007 statistics, [3] the proportion of foreigners involved in the acts explicitly targeted by the initiative is as follows:
In 2009, the percentage of foreigners in Swiss prisons was 70.2%. [4] The number of expulsions under current laws varies significantly from region to region due to federalism, which allows cantons some flexibility. For instance, Geneva expelled between 15 and 30 individuals in 2009, while Lucerne expelled 58 people, and Vaud expelled 103 people. The total number of expulsions in 2009 was estimated at 664 people. [5]
The collection of the required 100,000 signatures took place from July 10, 2007, to February 15, 2008. It was submitted to the Federal Chancellery on the same day and confirmed as complete on March 7 of the same year. [6]
Both the parliament [7] and the Federal Council [8] recommended rejecting this initiative. The Federal Council, in its recommendation, proposed an indirect counterproposal in the form of an amendment to the Federal Law on Foreigners. It stated that, in its opinion, the initiative "does not violate essential rules of public international law" but could result in "significant conflicts," especially regarding privacy protection and adherence to non-essential public international law.
During the parliamentary debate, deputies decided to amend the Federal Council's proposal by introducing a direct counterproposal. This counterproposal suggests determining the withdrawal of a criminal foreigner's residence permit based on an evaluation of the specific case's severity rather than a predefined list of offenses. It also includes provisions for the integration of the foreign population. [9]
The voting recommendations of the political parties are as follows: [10]
Political party | Recommendation |
---|---|
Ticino League | yes |
Conservative Democratic Party | no |
Christian Social Party | no |
Christian Democratic People's Party | no |
Social Democratic Party | no |
Green Liberal Party | no |
The Liberals | no |
Swiss People's Party | yes |
Federal Democratic Union of Switzerland | yes |
Green Party of Switzerland | no |
The initiative was put to a vote on November 28, 2010, and was accepted by 15.5/2 cantons [NB 2] and 52.9% of the votes cast. [11] The chart below details the results by canton: [11]
Canton | Approval rate |
---|---|
ZH | 50.9 |
BE | 48.7 |
LU | 51.5 |
UR | 53.3 |
SZ | 42.4 |
OW | 43.9 |
NW | 41.9 |
GL | 65.7 |
ZG | 56.4 |
FR | 51.7 |
SO | 42.5 |
BS | 50.1 |
BL | 56.3 |
SH | 46 |
AR | 71.7 |
AI | 40.4 |
SG | 49.7 |
GR | 42.4 |
AG | 39.7 |
TG | 38.3 |
TI | 54.1 |
VD | 67.9 |
VS | 69.8 |
NE | 63.9 |
GE | 60.9 |
On the other hand, the government's counterproposal was rejected by all 20.6/2 cantons and 54.2% of the votes cast. [11] The chart below details the results by canton for this counterproposal: [11]
Canton | Results |
---|---|
ZH | 46.9 |
BE | 46.3 |
LU | 46.9 |
UR | 39.7 |
SZ | 39.1 |
OW | 43 |
NW | 41.4 |
GL | 41.4 |
ZG | 49.3 |
FR | 47.5 |
SO | 44.9 |
BS | 47.7 |
BL | 48.2 |
SH | 44.8 |
AR | 46.2 |
AI | 39.2 |
SG | 44.2 |
GR | 44.3 |
AG | 47.1 |
TG | 44.2 |
TI | 44.7 |
VD | 42.5 |
VS | 48.2 |
NE | 46.8 |
GE | 43.3 |
JU | 45.5 |
During the night from Sunday to Monday, protests took place in several Swiss cities, including Lausanne, Bern, and Zürich. Incidents and vandalism occurred in Zürich, notably against the UDC headquarters. [16] In Geneva, unknown persons replaced press posters of the Geneva Tribune with the slogan "The criminal is the voter." [17]
The Swiss press notes the powerlessness of left-wing and center-right parties against the UDC. [18] Le Temps estimates that "the population, particularly those who feel weak and troubled by identity issues, wants to be reassured by concrete actions." [19]
The international press overwhelmingly condemns the Swiss vote. [20]
In France, Libération criticizes a vote "supported by an abundance of openly xenophobic posters." [21] Piotr Moszynski from Radio France Internationale questions the boundaries of democracy and suggests that "Swiss democracy stumbles over foreigners." [22] Le Point finds the outcome "unsurprising." [23] Philippe Bilger, writing for Marianne , reflects that "the Swiss may be correct, but we are uncertain if we should be proud of this belief." [24] On RTL, Éric Zemmour suggests that the Swiss voted on behalf of the rest of Europe. [25]
According to an observer in Brussels, the European Union considers Switzerland to be an unreliable partner due to the possibility of Swiss votes conflicting with international and bilateral agreements. EU representatives have expressed concerns that excessive democracy in Switzerland could lead to the population prioritizing their interests. [26]
SOS Racisme has issued a statement expressing indignation over the Swiss vote, condemning Switzerland for perpetuating a hateful image by blaming societal issues on the "Other." [27] This statement has been criticized by Ivan Rioufol, who argues that moralizers supporting rebellious minorities are contributing to the dismantling of nations. [28]
In November 2014, the Council of States Commission revisited the compromise reached by the National Council, adding a strict clause that allows judges to waive expulsion. This provision, granting judges additional discretion, had been explicitly rejected by the public in response to the Council of States' initiative. [29] The UDC responded by accusing the government of disregarding the will of the people. [30]
The government of Switzerland is a federal state with direct democracy.
The Federal Chancellor is the head of the Federal Chancellery of Switzerland, the oldest Swiss federal institution, established at the initiative of Napoleon in 1803. The officeholder acts as the general staff of the seven-member Federal Council. The Chancellor is not a member of the government and the office is not at all comparable to that of the Chancellor of Germany or the Chancellor of Austria.
Same-sex marriage has been legal in Switzerland since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26 cantons. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022. Switzerland was the seventeenth country in Europe and the 30th in the world to allow same-sex couples to marry.
Romandy is the French-speaking historical and cultural region part of Switzerland. In 2020, about 2 million people, or 22.8% of the Swiss population, lived in Romandy. The majority of the romand population lives in the western part of the country, especially the Arc Lémanique region along Lake Geneva, connecting Geneva, Vaud, and the Lower Valais.
The Federal Assembly, also Swiss parliament, is the federal bicameral legislature of Switzerland. The lower house is the 200-seat National Council and the upper house is the 46-seat Council of States. It meets in Bern in the Federal Palace.
Ten referendums were held in Switzerland during 2008. The first two were held on 24 February on business tax reform and aircraft noise. A further three were held on 1 June on public information campaigns, naturalisation and health reform. The final five were held on 30 November on legalising cannabis, making the pension age flexible, restricting the right of appeal of associations against construction projects, amending the constitutional article on narcotics and eliminating the statute of limitations with respect to pornographic crimes against children.
The largest immigrant groups in Switzerland are those from Germany, Italy, France, the former Yugoslavia, Albania, Portugal and Turkey, including Turks and Kurds. Between them, these six groups account for about 1.5 million people, 60% of the Swiss population with immigrant background, or close to 20% of total Swiss population.
Six referendums were held in Switzerland during 2010; three in March on pension funds, animal protection and a constitutional amendment, one in September on unemployment benefits, and two in November on deporting foreign criminals and introducing a canton tax.
Jura separatism is a regionalist autonomist movement in the Bernese Jura of Switzerland.
A popular initiative allows people to suggest laws on a national, cantonal, and municipal level.
Non-citizen suffrage in Switzerland is an ongoing political issue in the country. Switzerland is a federal nation. As such, the cantons have extensive powers to enact their own legislation. For this reason, the rules regarding the rights of non-citizen residents to vote differ considerably throughout Switzerland.
The environmental movement in Switzerland is represented by a wide range of associations.
Ada Marra is a Swiss political figure and a member of the Swiss Socialist Party.
Ten national referendums were held in Switzerland in 2018. Voting took place on 4 March, 10 June, 23 September and 25 November.
Several federal referendums were held in Switzerland in 2019, with votes taking place on 10 February and 19 May. Federal parliamentary elections were held on 20 October, which led the Swiss Federal Council to postpone the November round of voting until 2020.
Hanna Muralt Müller is a Swiss politician, member of the Social Democratic Party of Switzerland. She held the office of Vice-Chancellor of Switzerland between 1991 and 2005, in charge of the Federal Council sector, which organizes and documents the council's activities. Initially working as a school teacher, she obtained a degree in history at the University of Bern in 1976. In 1978, she worked as a scientific adviser to a parliamentary commission in the canton Bern, before joining the Federal administration in 1983. She first worked for the federal office of education and science, and joined the Chancellery in 1987, leading the Chancellor's general secretariat since February 1988.
The 2021 Swiss same-sex marriage referendum was a facultative referendum held in Switzerland on 26 September 2021 about an amendment to the Civil Code to legalise marriage between people of the same sex, as well as adoption rights for same-sex couples and access to assisted reproductive technology for lesbian couples. The amendment was called "marriage for all" in Swiss public discourse.
The Political Rights Act (PRA) (German: Bundesgesetz über die politischen Rechte, BPR, French: Loi fédérale sur les droits politiques, LDP, Italian: Legge federale sui diritti politici, LDP), is a Swiss federal law that regulates the exercise of political rights (votations and elections) in Switzerland. The law was adopted on 17 December 1976 by the Federal Assembly and came into force on 1 July 1978.
Schubert practice, also known as the Schubert jurisprudence, is a partially abandoned legal doctrine in Swiss law manifested in a series of decisions of the Federal Supreme Court of Switzerland, according to which provisions of domestic law have practical primacy over otherwise binding, but conflicting, provisions of international law as long as the former are lex posterior – even if the latter are lex specialis – based on a generalized hypothesis that a posterior act of the legislator whereby an existing act of international law has been contradicted was, in reality, a conscious, albeit implicit, act of abrogation. As an immediate consequence, when the doctrine is applied, internatonal law is violated.
Switzerland employs mandatory referendums as a tool of direct democracy.