SWITZERLAND: New immigration laws (1)
01 January 1991
SWITZERLAND: New immigration laws
artdoc March=1995
Two months after the national referendum on the ratification of
the UN Anti-Racism Convention (only 54% voted for ratification)
there was another on 4 December on `Coercive measures in the
foreigners' law'. The new, restrictive, measure were approved by
73% of those voting and comes into effect on 1 February 1995. The
Federal Minister of Justice said the vote would help negotiations
with the EU concerning adherence to Conventions - Schengen and
Dublin - on immigration and asylum.
The `Coercive measures' introduce the German practice of
`detention for expulsion' for up to 9 months (until now this
could only be 1 month). `Preventative detention' will be
introduced for people who do not cooperate with the authorities
or those to be expelled (any immigrant or tourist living
`illegally' in Switzerland or asylum seekers whose application
has been refused at the first stage). New prisons are to be built
for this initiative. Under the new law the police will be able
to search any premises - homes, church sanctuaries, or offices
(NGOs, lawyers) - of third persons in contact with the `illegal'
immigrant/visitor and suspected of hiding the person or documents
concerning them. Also introduced under the new law is the
so-called `area restriction' order to remain with a specific
locality. Originally it was intended that only `criminal'
foreigners and drug dealers could be subject to `area
restriction' on pain of arrest and imprisonment for up to one
year if ignored - now it will also apply to all foreign people
`disturbing public order'. The government's argument for
introducing these `Coercive measures' was to present them as the
solution to the drugs problem. Lawyers, churches and asylum
groups have strongly opposed their introduction as all immigrants
and asylum seekers will be affected. Similar referenda in the
past have led to at least a third of those voting to do so in
defence of the rights of immigrants and asylum-seekers; this time
only 27% voted no. Erica Burgauer, head of the Swiss Refugees'
Coordination Office, commented:
The outcome of this vote shows that the "understanding" of
anti-racism of the Swiss is only half-hearted.. a lot of members
of the so-called left were afraid of offering the extreme right
a forum for their xenophobic attacks.. In times of the reduction
of social security and unemployment any "solution" that offers
a scapegoat for at least some of the problems seems to be
welcome. The result of this vote must be considered a total
capitulation of the up until now solid opposition to the view
that Europe must be sealed off from asylum-seekers and
foreigners.
Komittee Schluss mit dem Schnuffelstaat, Bern, Switzerland.
Statewatch, Vol 4 no 6, November-December 1994