Switzerland: New immigration laws
01 November 1994
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.