Country Report on Human Rights Practices for 1985
SWITZERLAND
Switzerland is a constitutional democracy with a federal
structure of government which gives individual cantons a
considerable degree of autonomy. Federal legislative power is
vested in a bicameral legislature elected by universal
suffrage every 4 years. In spite of linguistic and religious
diversity, Switzerland has built up a political system based
on consensus in which all citizens have the right and the
opportunity to express their opinions and yet work together
toward common objectives.
Switzerland, a country with long and respected democratic
traditions and institutions, has over the years built an
admirable record with regard to human rights. Although under
the Swiss Federal system cantons are directly involved in many
human rights matters, this involvement is controlled and
limited by Federal legislative and constitutional guarantees.
All those who feel that their rights have been violated at the
cantonal level can appeal for redress to the Federal courts.
Switzerland has traditionally provided facilities to many
international organizations concerned with humanitarian
affairs as well as extended support to refugees from around
the world. Nine international trade secretariats are
headquartered in Switzerland, as is the International Labor
Organization.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
No such occurrences have taken place in Switzerland. However,
a group apparently seeking the separation of the francophone
portion of canton Bern claimed responsibility for a bomi)
explosion in front of the district courthouse in Moutier in
September. There were no casualties.
b. Disappearance
There have been no reports of abduction, secret arrests, or
clandestine detention.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution provides freedom from all of the above, and
there have been no allegations of any violations.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest, detention, or exile is
guaranteed by law. A detained person may not be held longer
than 24 hours without a warrant of arrest issued by the judge
conducting the preliminary investigation. Once the warrant is
issued, the individual may be detained as long as necessary
until the investigation is completed. However, the length of
investigative detention is always reviewed by higher judicial
authority and, traditionally, investigations are completed
within a very brief period. A suspect must immediately be
shown the warrant under which he or she is being held, and he
or she has a right to contact legal counsel as soon as an
arrest warrant is issued. Bail, or release on personal
recognizance, is traditionally granted, unless the examining
magistrate believes the individual is a danger to society or
will not appear for trial.
There is no forced or compulsory labor in Switzerland.
e. Denial of Fair Public Trial
The Constitution guarantees public trials. Minor cases are
tried by a single judge; difficult cases by a panel of judges;
and murder or other serious crimes by public jury. According
to longstanding tradition, even the most serious cases are
usually brought to trial within several weeks, or, at the
most, a few months.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There have been no allegations of violations in this area by
Swiss authorities.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
There are no restrictions of freedom of speech and press in
Switzerland except in cases involving groups or associations
considered a potential threat to the State. However, no
groups or associations are so designated at the present time.
A peripheral issue involves the linguistic minorities,
specifically the Italian and Romansch linguistic groups.
Occasionally, these groups have expressed their fear that the
limited resources made available to them by the Government
endanger the continued intellectual vitality of these
languages and amount to a deprivation of freedom of speech.
The Government is fully aware of these concerns and has taken
steps to meet them.
b. Freedom of Peaceful Assembly and Association
The only restriction Switzerland places on peaceful assembly
and association is the requirement to obtain permits from
police authorities before holding public meetings. These
permits are rarely refused except in cases where the
authorities have reason to believe that the meeting will lead
to violence. Occasionally, demonstrations, mostly involving
youth, have become violent, and there have been complaints of
police overreaction. In the rare instances when this has
happened, public opinion and the media have strongly reacted
to abuses of authority and asked that steps be taken to avoid
repetition of similar incidents.
Labor unions enjoy full freedom to organize, strike, and
influence political decisions. Swiss labor relations have
been characterized by industrial peace, and strikes and other
labor unrest are practically unknown.
c. Freedom of Religion
Switzerland enjoys religious freedom. One area which, over
the years, has caused difficulties, however, is the issue of
universal military service by Swiss men. Swiss law provides
no exemption for conscientious objectors, who are nearly
always convicted for their refusal to serve. Efforts have
been made to modify the Constitution in order to provide
alternative service for those who wish to claim exemption for
reasons of conscience. These efforts, so far unsuccessful,
continue.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Swiss citizens have freedom to travel in or outside the
country and can emigrate without difficulty. Switzerland has
traditionally been a haven for refugees from many countries.
Currently about 32,000 Swiss residents, the vast majority from
Eastern Europe, Africa, and Asia, have permanent refugee
status. In addition, over 22,000 persons have pending
applications for political asylum. In recent years the
traditional welcome to refugees has been tempered by the
growing influx of asylum-seekers, whose presence has placed
significant strains on public-supported social services.
Overall, however, the Swiss people remain prepared to provide
shelter and assistance to refugees, as reflected in Federal
and cantonal governments' actions. Applicants who fail to
meet the criteria for political asylum are required to depart
Switzerland. On November 3, 1985, 59 Africans were expelled
from Switzerland and flown to Kinshasa. Swiss authorities
stated that it was impossible to determine their nationality
with certainty since they carried false identity papers. Most
were believed to be from Zaire.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Switzerland is a highly developed, constitutional democracy.
Popular initiatives and referendums afford an effective
instrument to the citizen, as well as the group, to pursue
significant changes in policies through direct action. One of
the 26 Swiss cantons still excludes female suffrage at the
cantonal and local levels.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no requests during 1985 for outside investigations
of the human rights situation. Switzerland cooperates with
international and nongovernmental groups in all areas of human
rights, and Swiss nationals play a prominent role in the
International Committee of the Red Cross and other
humanitarian nongovernmental organizations.
In its 1985 Report, Amnesty International continued to express
concern over the imprisonment of conscientious objectors to
military service and the lack of any alternative civilian
service. Freedom House rated Switzerland "free".
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Switzerland has a total population of nearly 6.5 million with
a growth rate of 0.1 percent. Per capita gross national
product in 1983 was $16,290. Unemployment, which until 1982
was practically nonexistent, has again fallen below 1 percent
but remains a cause of concern.
Health services are available and good. The infant mortality
rate stands at 7.2 per 1,000 live births, and life expectancy
at birth is 79.1 years (1985). Education is of high quality
and free through university level. Access to universities,
however, is closely controlled through tough entrance
examinations. A recurrent complaint of the Italian-speaking
minority is the lack of an Italian- language university in
Switzerland. In 1985, plans were announced for the
establishment in Lugano of an Italophone Technical Institute,
which would offer university-level training but not grant
degrees. The adult literacy rate is 99 percent.
The minimum age for the employment of children is 15 years,
except that children over the age of 13 may be employed for
light duties, such as helping in retail stores. In this case,
they are limited to 9 hours of work per week during the school
year and 15 hours otherwise. Strict regulations govern the
employment of young people between the ages of 15 and 20. For
example, they may not work at night or on Sundays, or under
hazardous or dangerous conditions.
There is no national minimum wage. Wages in industry are
freely negotiated between employers and employees as part of
the collective bargaining process between employer
associations and labor unions. The Labor Act sets maximum
hours of work at 45 hours for blue- and white-collar workers
in industry, offices, and the retail trade, and 50 hours for
all other workers. Currently the workweek for blue-collar
workers in most industries is 43 hours, and for white-collar
workers between 40 and 43 hours. Overtime is restricted by
law to 220 hours annually.
Both the Labor Act and the Federal Code of Obligations contain
extensive regulations to protect the health and safety of
workers. Special provisions exist for female workers, who may
not be employed for dangerous work or, in most cases, at night.
About 15 percent of the population is made up of foreign
workers and their families. The Government has taken steps in
recent years to limit the number of foreign workers coming
into Switzerland or obtaining residence permits. Real estate
acquisition by foreigners is strictly controlled and has at
times been the object of concern. The Government and cantonal
authorities have also started to look into the need to
integrate foreign workers and their families into Swiss social
services programs. In times of economic difficulties and
unemployment, Swiss nationals in some areas of the country
resent any additional facilities provided to foreign workers.
Women still are subject to some legal disabilities, reflecting
their traditionally subordinate role in Swiss society;
however, recent years have seen steady progress toward
political equality.
Women's limited involvement in the Swiss political and
business worlds is expanding slowly. The 25 women elected to
the Federal Parliament in 1983 represent 10 percent of that
body, while women constitute 51 percent of the population.
Since 1984, a woman has served on the seven-member Federal
Council, the nation's governing executive body.
A major advance in 1985 was ratification by referendum of a
new Marriage Law, which grants wives ecjual legal status and
property rights. On the other hand, Swiss women are still
paid less than men for equal work and remain underrepresented
in senior positions in industry, banking, and government.
The Federal Government has been careful in the apportionment
of funds to try to ensure that all linguistic groups have
commensurate facilities and means to carry out cultural
activities in their own language. However, the small (50,000)
Romansch-speaking minority in 1985 issued a call for greater
support, particularly in the areas of education and mass
communications, in order to reverse a persistent historical
decline in Romansch usage.
