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sometimes been challenged, as demonstrated by the case of Emmen commune (Lucerne) which,
in March 2002, refused to grant Swiss citizenship to 19 candidates from the Balkans, while it had
granted citizenship to Italian candidates.17 On 9 July 2003, the First Chamber of Public Law of
the Federal Tribunal handed down a ruling rescinding this decision.
37.
Some Swiss cantons have granted foreigners residing in their territory the right to vote.18
B. Specialized bodies and commissions
1. Federal Commission against Racism
38.
The Federal Council established the Federal Commission against Racism
on 23 August 1995 with a view to implementing the International Convention on the Elimination
of All Forms of Racial Discrimination. In its message concerning Switzerland’s accession to this
Convention and on the relevant amendment of its criminal law of 2 March 1992, the Federal
Council noted that the fight against racial discrimination is a task that involves pedagogical,
sociological, cultural, federalist and legal aspects, as well as aspects of development policy and
migration policy, and it mandated the Commission to “concern itself with racial discrimination,
to work towards promoting better understanding between persons of different races, colours,
origins, ethnic or national backgrounds or different religions and to combat all forms of direct or
indirect racial discrimination, attaching particular importance to effective prevention”.19
39.
The Federal Commission against Racism is composed of 19 experts appointed
ad personam by the Federal Council, representing religious communities, minorities, NGOs,
social partners as well as cantonal directors of public education and the police. Interest groups,
the sexes, languages, regions and age groups should, in principle, be equitably represented in the
Commission.
40.
The Federal Commission against Racism has, among others, the tasks of raising
awareness, making recommendations, issuing opinions, and providing advice and support to
persons who consider themselves to be victims of racial discrimination, and provides mediation
services in cases of conflict.20
17
Valérie de Graffenried, “Histoire de la loi sur les naturalisations, élaborée en 1952 dans
un climat émotionnel tendu”, Le Temps, 26 July 2004.
18
The cantons of Jura, Appenzell Outer Rhodes, Graubünden (Grisons), Vaud, Fribourg,
Geneva and Neuchâtel.
19
Composition and mandate of the Federal Commission against Racism, Federal Council
decision of 23 August 1995.
20
The Commission’s reports may be found at the Internet address: http://www.edi.admin.ch/ekr.