A/HRC/4/19/Add.2
page 10
29.
With regard to the revision of the law on foreigners, the Special Rapporteur has taken
note of the position of opponents to the amendment who have criticized the discriminatory
treatment of foreigners who do not belong to a European country, the toughening of the rules on
family reunification with regard to foreigners of non-European origin, the obligation to live
together (and the possible effects on women of non-European origin) or the proliferation of
measures making it possible to place foreigners who refuse to leave Switzerland in detention for
up to two years.
30.
The two issues obtained a majority in all cantons.13
II. ANALYSIS OF THE SITUATION BY THE AUTHORITIES
31.
The Swiss Government recently submitted the fourth, fifth and sixth periodic reports of
Switzerland to the Committee on the Elimination of Racial Discrimination. These reports
contain a detailed description of the various problems relating to migration policy, as well as
police violence and other issues, for example, the question of the status of the Travellers.
32.
As the Federal Council pointed out in a decision of 23 February 2005, the fight against
racism is a cross-cutting task for which all offices of the Confederation are responsible. Several
federal departments deal with matters that are directly or indirectly linked to the subject of
racism and xenophobia. In addition to the specialized service to combat racism, the Federal
Department of the Interior includes the Federal Office for Cultural Affairs, which is responsible
for the Travellers,14 and the Federal Office for Equality between Women and Men whose
mandate, which derives from the article on equality in the Federal Constitution and equality
legislation, is to combat all forms of sex-based discrimination, direct or indirect. The
Department of Justice and Police includes, inter alia, the Federal Office for Migration,15 which
deals with questions relating to the right of foreigners and the right of asylum, and the Federal
Police, which deals with all violent forms of extremism, including rightist extremism, as a threat
to the State. At the federal and cantonal levels, various federal departments have units or focal
points that deal with questions of discrimination and produce information materials for
foreigners and migrants. The Directorate for Public International Law of the Department of
Foreign Affairs is responsible for preparing periodic reports under article 9 of the International
Convention on the Elimination of All Forms of Racial Discrimination.
13
See, for example, http://www.bfs.admin.ch/bfs/portal/fr/index/themen/17/03/
blank/key/2006/02.html.
14
15
There are two Traveller communities in Switzerland: the Jenisch and the Roma-Sinti.
Established on 1 January 2005, the Federal Office for Migration is the result of the merger of
the Federal Office for Refugees and the Federal Office for Immigration, Integration and
Emigration.