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RACISM

High court upholds ‘hate speech’ conviction

Switzerland’s highest court on Monday upheld the conviction of a former Swiss People’s Party (SVP) politician of racial discrimination for a tweet he sent suggesting a ‘kristallnacht’ against Muslims, reported news agency ATS.

High court upholds ‘hate speech’ conviction
Photo: West McGowan

Tweeting in June 2012, Alexander Müller, then a member of the Zurich branch of the conservative SVP, said perhaps we need a new ‘kristallnacht’, “this time for mosques”, referring to the night of November 9th 1938 when Nazi forces destroyed hundreds of synagogues and Jewish businesses in Germany.

In an interview with Tages Anzeiger some months later Müller said his tweet should have been read in the context of a series of tweets expressing his anger towards extreme Muslims who advocate violence towards wives who refuse to have sex.

In its judgement passed on Monday, the federal court said that the politician’s tweeted words qualified as “hate speech” and so are not protected by freedom of expression, said ATS.

Such words “disparaged people and groups of people due to their ethnicity or religion” and “justified crimes committed against humanity”, according to the court.

The tweet received immediate criticism online at the time and was deleted some minutes later.

Müller later apologized but was forced to leave the SVP.

The case reached the federal high court after the ex-politician appealed against his conviction in the Zurich courts, where he was fined and ordered to pay court costs.

RACISM

Why are racist incidents on the rise in Switzerland?

Switzerland’s Federal Commission against Racism (EKR) announced this week that the number incidents of racism reported to it rose by almost a quarter in 2023.

Why are racist incidents on the rise in Switzerland?

In a new report published on Sunday, the EKR revealed that 876 incidents of racism had been reported to the body. In comparison, 708 incidents were reported to the EKR in 2022. 

That reflects a rise of 24 percent in the number of reported incidents.

The current conflict in the Middle East was highlighted explicitly as fuelling the rise in incidences of racism.

Some 69 reports related to anti-Arab racism, while anti-Muslim xenophobia was cited in 62 reports. There were also 46 incidents of anti-semitic abuse recorded last year

Read More: Switzerland acknowledges ‘systemic racism’ in the country

Another section of the report significantly identified right-wing populist political campaigns as a significant motivator of racist hate, promoted through flyers with xenophobic slogans or visual tropes. 

Discrimination based on nationality or ethnicity constituted the largest share of reports at 387 reports, followed by anti-black racism with 327 documented incidents.

Additionally, 155 reports related to a person’s legal right to remain in Switzerland, while 137 reported discrimination based on gender. 

Read More: Are foreigners in Switzerland likely to experience some form of racism?

The EKR report also identified where these racist incidents were most likely to occur: Educational institutions, such as schools and universities, were the most frequent locations for incidents at 181 reports, followed by the workplace at 124 incidents and open public spaces at 113. 

With almost two hundred of the 876 reported incidents taking place at schools and universities, Ursula Schneider-Schüttel, President of the EKR, had words of warning: 

“One finding from the report in particular deserves our attention: reports of racial discrimination at school are at the forefront this year. This is worrying.

“School should be where children and young people are protected from discrimination.

“We must therefore ask ourselves what responsibility educational institutions have in ensuring a non-discriminatory learning environment and what it takes to achieve this responsibility can be met.” 

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