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SWISS REFERENDUM

How ordinary citizens can try to change the law in Switzerland

A unique feature of the Swiss system of direct democracy is the ability of any citizen, or a group of citizens, to impact the political process by creating new laws or changing the existing ones. Here's how.

How ordinary citizens can try to change the law in Switzerland
A woman inserts her ballot into the door of the polling station in the French-speaking part of Switzerland. Photo by Fabrice COFFRINI / AFP)

Switzerland’s political system is unlike any other country’s: here the people — rather than lawmakers — have the power to shape local and national policies.

This is done through referendums or popular initiatives, the two backbones of Switzerland’s centuries-old tradition of direct democracy.

On average, the Swiss vote four times a year on several issues at a time — more often than citizens of any other nation.

What is the difference between a referendum and an initiative?

Basically, referendums are about approving new laws or changing the existing ones.

The first is called a mandatory referendum, when all legislation and constitutional amendments approved by the parliament must then be accepted (or rejected) by the voters. 

With an optional referendum, any group or individual can contest an existing law, by gathering 50,000 signatures within 100 days. The petition must include names and addresses of Swiss citizens only.

Popular, citizen-driven initiatives, on the other hand, are intended to create new laws.

An initiative must be launched by at least seven citizens and be backed by 100,000 signatures collected within 18 months in order to push it to a national referendum.

For cantonal or communal initiatives, fewer signatures are required, based on the population of a given canton or municipality.

READ MORE: How Switzerland’s direct democracy system works

How do you go about creating a new law?

First of all, you must be Swiss. It doesn’t matter whether you were born Swiss, were naturalised, or have a dual nationality — what counts is that you have the right to vote in Switzerland. 

A cyclist in Zurich.

A cyclist in Zurich. Ordinary citizens in Switzerland can influence how laws are made. Photo by Emilie Farris on Unsplash

Secondly, only adults over the age of 18 can sign a petition and vote.

This is the step-by-step process towards getting an initiative on the ballot:

The first step s to announce it to the Federal Chancellery — the government’s administrative arm — for a national referendum, and to the cantonal authority for regional votes.
 
The text of the federal initiative must be written in one of the national languages, and the Chancellery will then translate it into the other official languages. 
 
The cantonal / communal initiatives must be presented in the official language of the region.
 
Based on the merits of a particular issue, the Chancellery will either validate the initiative or reject it. In the former case, the organisers can begin to gather signatures, which should be collected within the defined period of time (as mentioned above). 

Once the required number of signatures is gathered, the petition is submitted to the Chancellery for the verification and validation of signatures. 

If all is ok, the date of the referendum is scheduled, and the campaign begins.

Do all initiatives eventually end up at the ballot box?
 
The ones deemed to be unimportant or irrelevant will be scrapped. However, sometimes even those than can be considered trivial pass the muster.
 
For instance, one of the wackiest citizen-driven initiatives was a 2010 push by animal rights activists that would require the government to appoint (and pay for) lawyers to represent animals in court.
 
Although the issue made it to the ballot box, the voters gave paws down to this proposal on the grounds that Switzerland already has strict laws protecting pets and farm animals.

Another group attempted to create a law on the “unconditional basic income,” that would force the government to give each adult in Switzerland 2,500 francs per month — just for existing.

That initiative too was turned down by the voters, as that this policy would strain the state budget.

Other citizen initiatives have been more successful in creating new laws, however.
 
One of them was a highly controversial push by right-wing groups to ban the construction of minarets on mosques in Switzerland, which were seen as representing Islam as a threat to Swiss society.
 
Despite the government’s plea to reject this initiative, about 57 percent of voters approved the measure.

It is now a law.

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SWISS REFERENDUM

‘Historic step’: What to know about Geneva’s plan to extend parental leave

Geneva residents have voted for a 24-week paid leave package for new parents — the first Swiss canton to do so.

‘Historic step’: What to know about Geneva's plan to extend parental leave

Nearly 58 percent of the canton’s voters on Sunday June 18th greenlighted the proposal put forward by the Green Liberal Party to grant new parents a paid leave that is six weeks longer than the current (cumulative) period allowed by the law (read more about this below).

“It is an immense joy, a historic progressive step,” Aurélien Barakat, president of the Geneva Green Liberals, said on social media after the results of the vote emerged. 

However, the new legislation must still be approved by the parliament during its autumn session, so the victory at the polls is still tentative at this point.

What would the new law provide for?

In short, it would give new parents in the canton — including homosexual couples and adoptive parents — more time at home with their baby.

Currently, Geneva mothers get 16 weeks of leave (versus 14 weeks provided for by federal law), while fathers benefit from two weeks — the same period as in other cantons.

Under the new law — should it be accepted by the parliament — new parents will benefit from six more weeks at home with their baby.

This leave can be taken either at the same time by both parents for a total of 24 weeks for the two, or one of the parents can grant two weeks of their own allowance to the other, by mutual agreement. In other words, this scheme allows some flexibility.

These additional weeks are to be financed by a joint contribution from employees and employers.

Not everyone, however, is happy about the vote’s results.

“With the approval of this constitutional provision, the purchasing power of the population will decline due to the increase in joint contributions,” toward the parental leave, the Geneva section of the right wing Swiss People’s Party (UDC) said in a statement

What is the situation elsewhere in the country?

Parental leave allowances in Switzerland are lagging behind many other European nations. 

The reason is that the country has a strong history of individual responsibility, which promotes the idea that the state (or employer) should not pay for people choosing to have children.

Mothers here are entitled to 14 weeks leave and fathers to two.

During the 14-week (or 98-day) leave of absence, mothers in Switzerland are entitled to be paid 80 percent of their salary, up to a maximum of 196 francs a day.

But while the paid maternity leave was established in Switzerland in 2005 — years later than in the EU — fathers had to wait much longer to get that same (though more time- limited) right.

That changed on September 27th, 2020, when 60 percent of Swiss voters decided in favour of a two-weeks paternity leave.

As far as compensation, fathers can receive a maximum of 2,744 Swiss francs during their two weeks of leave with the money to be paid under the state-run compensation scheme. 

READ ALSO: What parental leave are new parents entitled to in Switzerland?

All this shows why Geneva’s move is truly pioneering for Switzerland, although it is still far behind the benefits accorded to new parents in other countries — in France, for instance, new mothers are entitled to receive up to 26 weeks of leave, and in Sweden both parents can benefit from 480 days off.

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