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Recommendations of the UN Committee against Racism to Switzerland

The UN Committee for the Elimination of Racial Discrimination (CERD) examined the report prepared by Switzerland on the way it implements the International Convention Elimination of Racial Discrimination and this during its 73rd session in Geneva, on 8 and 11 August 2008. In its Concluding Observations on 15 August 2008, the CERD comes back on several recommendations already made six years ago. 

The recommendations maid in the Concluding Observations includes the following point:

  • Intensification of the government’s efforts in education and awareness raising campaigns to combat prejudices against ethnic minorities
  • Proactive role, leading the authorities of the cantons and communes to fully implement the Convention
  • Adoption of a national plan and legislation at all levels of government against racial discrimination, xenophobia and other forms of intolerance; devote adequate financial resources
  • Establishment of a well-financed and adequately staffed independent human rights institution; strengthen the Federal Commission against Racism
  • Adoption of a clear and comprehensive definition of racial discrimination to cover all fields of law and public life
  • Report to the Committee including detailed and updated information on its activities and measures undertaken by Cantons in the area of racial discrimination
  • Adaption of the Law on asylum and Foreign nationals Act (withdrawing its reservation and adapting policies and laws)
  • Prohibition of racist organisations
  • Guarantee the social and cultural rights of the Travellers in Switzerland

Presentation of the Swiss Report

A Swiss delegation defended its forth, fifth and sixth report in front of the CERD. American ambassador Pierre-Richard Prosper, the Committee Expert serving as country Rapporteur for the report of Switzerland, said the Committee would expect leadership from the federal Government in addressing discrimination with a top-down approach, not hiding behind federalism. He also noted progress made since 2002, in particular the improvements in the criminal law and with regard to police training.

The judgment made by the NGOs’ coalition remains critical. Only few areas have really made progress, said co-director of Humanrights.ch, Christina Hausammann. Most of the 2002 recommendations have not been followed. There were some positive developments however, such as debates around integrations measures of the professionalism of cantonal integration delegates. Hausammann reminded that Switzerland lacks sufficient infrastructure and efficient instruments to implements completely the Convention. Such as, for instance, the lack of anti-discrimination law in Switzerland.

Civil society critical

Indeed, a coalition of Swiss NGOs had prepared the alternative report on the fourth, fifth and sixth official report on the implementation in Switzerland of the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD). The Black Book was coordinated by Humanrights.ch. The last report on the implementation of the ICERD by Switzerland was examined by the Committee in 2002.

  • A summary of the comments made by the NGOs is presented on pages 5 and 6.

The NGOs insist on the fact that similar comments or recommendations were made by UN  Specail Rapporteur on the Elimination of Racial Discriminations, M. Doudou Diène (country visit in 2006), the European Commissioner on Human Rights, M. Alvaro Giles-Robles (visit in 2004), as well as the European Commission against Racisme (ECRI). During the Universal periodic review (UPR) at the Human rights Council, the treatment of migrants and trends towards xenophobia and racism have also been discussed. 

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Background information