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Amnesty criticizes Swiss treatment of foreigners

Human rights organization Amnesty International has rapped Switzerland over its treatment of foreigners in the country in its 2015/16 annual report.

Amnesty criticizes Swiss treatment of foreigners
Switzerland's use of detention for asylum seekers was also criticized. Photo: Fabrice Coffrini/AFP

The comprehensive report criticized Switzerland on a number of issues, one being the “excessive use of force by police, including during deportations”.

Detention was used excessively in the case of irregular migrants, “particularly in relation to the return of asylum-seekers to EU countries under the Dublin regulation,” it said.

Switzerland also allows young asylum seekers aged 15 to 18 to be detained for up to a year, noted Amnesty.

“Victims of trafficking in human beings and foreign nationals who were victims of domestic violence faced obstacles to accessing protection,” it added.

Amnesty criticized the country for maintaining a ‘severity threshold’ to assess domestic violence suffered by foreign nationals.

“Under the Foreigners Law violence must meet a certain threshold in order for survivors to be able to separate from their violent partner without fear of losing their residence permits,” it said.

Amnesty also expressed concern over two initiatives launched by the right-wing Swiss People’s Party (SVP), Switzerland’s largest political party.

The first is its proposal to expel foreigners who have committed crimes from Switzerland, which will be voted on by the people on February 28th.

The second is its “self-determination” campaign launched last year, which pushes for Swiss law to have higher status than international law.

Though neither initiative is yet approved, the campaigns “contributed to a climate of hostility towards international human rights treaties including the European Convention on Human Rights,” said Amnesty’s report.

In an interview with newspaper Le Tribune de Genève, Manon Schick, the director of the Swiss branch of Amnesty International, said that these proposals, if accepted, would “put in danger state law in Switzerland because they conflict with the European Convention on Human Rights.

“As a result Switzerland will year after year be condemned by the European Court in Strasbourg and will therefore be obliged to renounce the convention.

“Switzerland will then find itself with Belarus in being the only countries not signed up to a decisive convention aiming to protect the rights of European citizens.”

Commenting on the fact that neither initiative has yet been accepted by the Swiss people, Schick said: “It’s our role to highlight bad things as a preventative measure.”
 
“Our aim is not to paint a black picture but to warn Switzerland so it can think of a solution.”

The Amnesty report also expressed concern over new surveillance laws in Switzerland “which granted sweeping powers to the Federal Intelligence Service including the interception of data on internet cables entering or leaving Switzerland, to access metadata, internet histories and content of emails, and to use government spyware (Trojans).”

Introducing the report as a whole, Amnesty said 2015 was a year which saw “a global assault on people’s basic freedoms, with many governments brazenly breaking international law and deliberately undermining institutions meant to protect people’s human rights.”
 

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PROTESTS

How free are people to protest in Switzerland?

As a centre of international diplomacy and cooperation and with its unique system of direct democracy, Switzerland enjoys a reputation for upholding fundamental human rights—but how free are the Swiss to express their opposition to power?

How free are people to protest in Switzerland?

In its recently released 2024 report, Amnesty International criticised Switzerland for imposing restrictions on the right to protest and for dispersing protests violently. 

So what’s the problem? 

While not an explicit ban on protest, Amnesty International considers the obligation in some Swiss cantons for protest organisers to gain official approval and shoulder potential costs to be a repressive measure—essentially a ‘workaround’ in cooling dissent.

Amnesty International’s criticism comes on the heels of other concerns.   

In 2024, Amnesty International joined with the United Nations in criticizing moves by some Swiss cantons and cities to ban protests regarding the Middle East conflict as ‘disproportionate’. 

Read More: How ordinary citizens can try to change the law in Switzerland

The organization has also highlighted the continued use of rubber bullets by Swiss police in dispersing protests as a serious area of concern. 

Furthermore, any changes to protests are controlled or permitted in Switzerland must be made through individual cantons due to the country’s devolution of specific powers – a process that could take years. 

So what restrictions have been introduced in Switzerland?

In early March, the ‘Anti-Chaoten’ initiative put forward by the right-wing Swiss People’s Party (SVP) youth wing, which would have placed significant legal and financial burdens on protesters, was rejected in a Zurich cantonal referendum. However, a counterproposal by cantonal authorities was accepted at the polls.

The successful counterproposal requires explicit permission from authorities to hold a protest or rally, as well as passing on the cost of the police operation, as well as any intentional damage, to protest organizers. Failure to gain approval for protests can result in charges being laid. 

Following the success of the Zurich measure, the Basel SVP intends to introduce a similar proposal to be voted on in August – with the same likely result.

Which protests have been dispersed violently in Switzerland? 

Due to global events, protests have become increasingly common in Switzerland over the last five years. Most have been peaceful, but there have been exceptions.

Measures introduced to limit the spread of the coronavirus between 2020 and 2022 led to violent protests being dispersed in BernZurich and Lucerne

Read More: Switzerland to impose tougher penalties for violent protesters

Climate change protests have also been violently dispersed by police, using pepper spray and rubber bullets – such as in Basel in February 2023.

Amnesty International has also raised serious concerns regarding the police dispersal of an International Women’s Day protest in Basel on March 17th of this year, in which rubber bullets were also used. 

Most recently, opponents of the Eritrean regime were dispersed with tear gas and water cannons at a demonstration in Gerlafingen, Aargau, on March 31st. 

What right do the Swiss have to protest? 

The right to peaceful protest is enshrined in the Swiss federal constitution—Article 16 provides for freedom of expression, while Article 23 protects the right to free association. 

Indeed, in 2020, the country successfully introduced a resolution to the United Nations Human Rights Council, calling for world governments to protect the right to protest and not use the coronavirus pandemic as a reason to curtail freedoms. 

Read More: What foreigners should know about the Swiss constitution

Furthermore, the country is a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, as well as the Optional Protocol to the Convention Against Torture, which could have some bearing on how protests are dispersed.  

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