A/HRC/4/19/Add.2
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90.
With regard to incidents of police violence, the Special Rapporteur wishes to remind
the federal and cantonal authorities of their obligations under international norms for the
protection of human rights, which apply to everyone without distinction. In this regard, he
strongly recommends, pending the establishment of the aforementioned federal
commission, the creation of independent mechanisms to investigate allegations of racism,
racial discrimination, xenophobia and related intolerance by various bodies and
administrations at the federal, cantonal and communal levels.
91.
The Special Rapporteur, having noted the weakness of Swiss administrative and
civil legislation regarding protection against discrimination, particularly in the areas of
housing, employment and access to public places, considers that Swiss legislation in these
areas should explicitly incorporate effective anti-discriminatory and anti-racist norms.
Swiss law should also provide for legislation for the implementation of anti-racist norms,
and provide for compensation or reparation.
92.
The Special Rapporteur supports the planned adoption by the Swiss authorities of
two articles to supplement article 261 dealing with distinctive symbols of a discriminatory
attitude based on race or the public use of slogans, gestures or forms of salutation with a
racist meaning, and with the criminalization of the creation of, or participation in, groups
that intend to commit acts prohibited under article 261 bis.
93.
He also recommends that Swiss legislation introduce the right of associations and
non-governmental organizations to appear in court and act on behalf of victims, since this
would provide better protection for persons who are reluctant or unable to take their cases
to the courts.
94.
The Special Rapporteur encourages the Swiss authorities to withdraw the
reservations to article 2, paragraph 1 (a), and article 4 of the International Convention on
the Elimination of All Forms of Racial Discrimination.
95.
The Special Rapporteur is aware that the legal strategy alone cannot combat
prejudices which, in Switzerland as elsewhere, are deeply rooted in history and culture. He
therefore recommends that the political and legal strategy be supplemented by a cultural
and ethical strategy with the aim - in order to overcome the deadlocks and tensions of an
ideological and partisan management of de facto uncontrolled multiculturalization - of
the voluntary, gradual and long-term construction of a democratic, egalitarian,
non-discriminatory and interactive multiculturalism centred around two related areas: the
promotion of reciprocal knowledge among communities reflecting the diversity of Swiss
society and the promotion of interaction and cross-fertilization among these communities.
Action must be taken, here and now, to promote fruitful and non-antagonistic coexistence,
the dialectic of unity and diversity, the founding principle of Swiss federalism, bearing in
mind the current twofold challenge of the growing complexity of diversity as a result of
non-European and non-Christian immigration, and of the dynamic of attempts to defend
identity, which is exploited for political ends.