A/HRC/4/19/Add.2
page 19
the limitation of immigration in accordance with the objective of integration.32 The position of
the Radical Democratic Party on the right to asylum is not as clear-cut as that of the Christian
Democratic Party or the Centre Democratic Union. For the Radical Democratic Party,
“despite the political implications of the asylum policy, asylum in Switzerland accounts for
only 7 per cent of total immigration. The exaggerated problems that this policy causes are the
result of difficulties in implementing legally adopted decisions”.33
62.
For the Social Democratic Party of Switzerland or the Swiss Socialist Party
(Sozialdemokratische Partei der Schweiz/Parti socialiste suisse; SPS/PSS), the “establishment of
quotas for foreigners” (contingentement des personnes étrangères) reflects the policy of fear
surrounding migration policy. That policy is viewed as a bureaucratic approach to the global
quantitative management of the number of foreign workers, which is not adapted to the changing
needs of regional economies. The Party denounces “the combination of vague legislation and
the broad discretionary powers accorded to the cantonal police for foreigners”, which opens the
way to unequal treatment and arbitrariness. Moreover, it states that “the attitude of the
authorities towards migrants has largely contributed to the population’s adoption of a distrustful
approach towards persons who do not hold Swiss passports”.34
63.
The Green Party of Switzerland (Grüne Partei der Schweiz/Parti écologiste suisse) has
taken a clear position against the toughening of legislation on foreigners and the right of asylum.
It considers the tightening of Swiss legislation discriminatory and in violation of the basic human
rights of asylum-seekers. With several other organizations, the Green Party launched a
referendum against the Act on Foreign Nationals, which it called a “discriminatory and
segregationist law that leaves the way completely open for arbitrary acts on the part of the
administration”.35
IV. ANALYSIS AND CONCLUSIONS
64.
Switzerland has adopted general laws concerning respect for and the promotion of human
rights. However, the lack of comprehensive national legislation against racism, racial
discrimination and xenophobia poses a major obstacle to the effectiveness of its fight against
racism. One illustration of this situation is the relative lack of legislation or remedies against the
recurring manifestations of discrimination in employment and housing, which may be considered
symbolic social indicators of discrimination.
32
Ibid., p. 11.
33
Ibid., p. 13.
34
Swiss Socialist Party, Foundations of Swiss migratory policy, concept paper adopted by the
regular congress held in Zurich on 19 and 20 October 2002.
35
Referendum against the Act on Foreign Nationals, press release on the Internet website
dated 22 December 2005.