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GAY RIGHTS

Switzerland divided ahead of homophobia referendum

For gay rights campaigner Jean-Pierre Sigrist, the new law being voted on in a referendum in Switzerland on Sunday might have stopped him getting beaten up four decades ago.

Switzerland divided ahead of homophobia referendum
Photo: FABRICE COFFRINI / AFP

“And maybe I would not have been laughed at when I went to the police,” said the 71-year-old, who believes the law will be “an added safeguard against homophobia”.

The new law would widen existing legislation against discrimination or incitement to hatred on ethnic or religious grounds to include sexual orientation.

The change was passed by the Swiss parliament in 2018. But the populist rightwing Swiss People's Party (SVP) and the Federal Democratic Union of Switzerland (EDU), a small party based on Christian values, are opposed.

Critics of the law, who have forced a public referendum on the issue, believe it will end up censoring free speech.

Eric Bertinat, a UDC local lawmaker in Geneva, told AFP that he believed the law was “part of an LGBT plan to slowly move towards same-sex marriage and medically assisted reproduction” for gay couples.

UDF chief Marc Frueh has called it a “censorship law”. But Sigrist, founder of Switzerland's association of gay teachers, said it would counter growing intolerance.

The retired teacher said he supports freedom of expression, “but not the freedom to say anything at all”.

All of Switzerland's major parties except the UDC, the biggest political force in parliament, support the law.

No to 'special treatment'

Under the new law, homophobic comments made in a family setting or among friends would not be criminalised.

But publicly denigrating or discriminating against someone for being gay or inciting hatred against that person in text, speech, images or gestures, would be banned.

The government has said it will still be possible to have opinionated debates on issues such as same-sex marriage, and the new law does not ban jokes — however off-colour.

“Incitement to hatred needs to reach a certain level of intensity in order to be considered criminal in Switzerland,” Alexandre Curchod, a media lawyer, told AFP.

But he admitted that there could be exceptions “if it can be shown that, under the cover of artistic production or joking, someone is in fact engaging in incitement”.

Gay rights campaigners are divided over the legislation. A group called “No to Special Rights!” is opposed, arguing that the gay community does not need special protection.

“I fight for the acceptance and normalisation of my sexuality. But for me that also means not asking for special treatment,” said Michael Frauchiger, co-head of the group.

Opinion polls show that the Swiss as a whole are broadly in favour of the law, but that the margin between supporters and opponents has narrowed in recent months.

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POLITICS

Swiss move towards vote on reinforcing neutrality

Switzerland is set to vote on reinforcing its neutrality, Russia's war in Ukraine having reopened questions over the country's long-standing position on non-engagement in foreign conflicts.

Swiss move towards vote on reinforcing neutrality

The sovereigntist organisation Pro Schweiz has collected more than enough signatures to launch a vote aimed at better anchoring Swiss neutrality in the country’s constitution, its vice president Walter Wobmann told Blick newspaper.

They want to restrict non-military measures such as sanctions, to prevent any closer ties with NATO and to rule out any military alliance except if attacked.

Under Switzerland’s direct democracy system, citizens can trigger popular votes by collecting 100,000 valid signatures within 18 months.

“We collected nearly 140,000 signatures,” Wobmann said. “On April 11th, we will submit the initiative” to the federal authorities. “Until then, we will continue to collect signatures.”

Once petition signatures are submitted and verified, it generally takes months, or even years, before a vote takes place.

Switzerland’s traditional position is one of well-armed military neutrality.

It has refused to send arms to Kyiv or allow countries that hold Swiss-made weaponry to re-export it to Ukraine.

But it has matched the neighbouring European Union’s economic sanctions on Russia since the February 2022 full-scale invasion of Ukraine — a move vigorously denounced by the hard-right Swiss People’s Party (SVP), the biggest party in the country.

Matching the EU sanctions has also been criticised by Moscow, which no longer sees Switzerland as neutral territory for international negotiations and has blocked UN-sponsored talks on Syria from resuming in Geneva.

Fewer sanctions proposed

The Swiss constitution already ensures that parliament and the government must uphold Switzerland’s neutrality, but Pro Switzerland wants to go further.

Their vote proposal calls for the constitution to guarantee that Swiss neutrality is “armed and perpetual” and applied “permanently and without exception”.

Non-military coercive measures — namely sanctions — would also be prohibited, except when decided upon by the United Nations.

Pro Schweiz is also opposed to closer ties with NATO and wants the constitution to prohibit joining a military alliance, except in the event of a direct military attack against the country.

“Only when we are directly attacked could we ally ourselves with others. If we are turned into a party to war, we must defend ourselves,” said Wobmann, a former SVP lawmaker.

Swiss neutrality traces its roots back to 1516 and has been internationally recognised since 1815.

Switzerland cannot participate in wars between other countries, forge military alliances, or grant troops, weapons or territorial transit rights to warring parties.

All men are obliged to do military service and attend refresher courses for years afterwards.

The neutrality laws do not apply to civil wars, or military operations authorised by the UN Security Council.

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