A/HRC/4/19/Add.2
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against Racism with regard to material, budgetary and human resources and
their authority and capacity for action and intervention. The Service for
Combating Racism should also be strengthened;
− In order to ensure a holistic approach that takes account of common underlying
sources and of the link between all forms of discrimination, the Government
should establish a federal commission to promote human rights and combat all
forms of discrimination relating to race, religious belief, gender, age, disability
and sexual preference. Bearing in mind the urgency of questions relating to
racism and xenophobia, the commission should attach high priority, at the initial
stage, to combating racism and xenophobia. The commission’s mandate should
incorporate the current mandates of the Federal Commission against Racism
and the Federal Commission for Foreigners. The commission should be
structured around subcommissions relating to each of these forms of
discrimination and should be granted administrative, legal and normative
powers of investigation, action and appeal with respect to all forms of
discrimination, as well as the appropriate human, material and financial
resources. Its budget should be allocated by the Federal Assembly. The
president and members of the commission should be appointed by the Federal
Assembly at the proposal of the Government, in consultation with political
parties, civil society organizations and all cultural, religious and linguistic
communities, in order to reflect the diversity of Swiss society and the necessary
balances. The commission should submit an annual report to the Federal
Assembly containing an assessment of the situation and action-oriented
recommendations for ensuring the promotion of and respect for human rights,
and for combating all forms of discrimination. The commission should be
administered by a technical secretariat under its authority, either by the
transfer, strengthening and transformation of the current Service for
Combating Racism, reinforced with additional human, material and budgetary
resources, or by a new mechanism. This service should be given the mandate of
follow-up, collection of statistical data, and recording and analysing incidents,
manifestations and expressions of discrimination, for the commission.
88.
The Special Rapporteur recommends that the resources provided to independent
bodies that combat racism should be maintained, if not increased.
89.
The Special Rapporteur is aware of the challenges arising from Switzerland’s
federal structure and the division of powers between the Confederation and the cantons.
He nevertheless considers that the authorities should establish appropriate mechanisms to
address the shortcomings in the area of protecting individuals against racism and racial
discrimination. In this regard, he endorses the recommendations made by the Committee
on the Elimination of Racial Discrimination in 2002, particularly the assertion that “the
Federal Government has the responsibility of ensuring the implementation of the
Convention on its entire territory and must ensure that cantonal authorities are aware of
the rights set out in the Convention and take the necessary measures in order to respect
them” (CERD/C/60/CO/14, para. 8).