A/HRC/4/19/Add.2
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69.
The Special Rapporteur noted, both in political discourse and in political platforms, as
well as in some of the media, the growing emphasis on rhetoric based on the “defence of national
identity” and the “threat of the foreign presence”. The electoral success of these platforms
reflects the existence in society of a current of political opinion that promotes the defence of
identity vis-à-vis immigration and fosters the emergence of a culture of xenophobia in some
segments of society - particularly rural society - which has been confirmed by the results of
certain recent votes. Questions relating to the place of foreigners in society, immigration and
asylum are not treated as a matter of priority on the basis of the relevant international human
rights instruments but, increasingly, only on the basis of two criteria: the security imperative and
the defence of national identity.
70.
Historically, the Swiss authorities have linked foreign immigration to the job market.
This is reflected in the text of laws on the granting of residence permits. The Special Rapporteur
notes that these successive waves of workers have been tolerated and later accepted in the
country as long as there was no deterioration in the economy and the job market. The most
recent influxes of foreigners in Switzerland have come at a time of a relative increase in
unemployment and a decrease in growth owing to international factors and to the Swiss
economy. These new arrivals, including refugees and asylum-seekers, have been singled out by
certain populist parties as responsible for rising unemployment or the State debt.
71.
The Special Rapporteur notes with regret the tendency, which began several years ago, to
criminalize foreigners, asylum-seekers and refugees in Switzerland. This is done by the
enactment of laws, regulations and decrees that place these groups of persons in a vulnerable
legal situation, resulting in their social marginalization and cultural stigmatization.
72.
In this context, the Special Rapporteur notes the political authorities’ lack of unity and
a coherent national policy concerning the question of racism and xenophobia. The general
picture, which is one of significant progress and serious regression and is therefore marked by
contrast and contradiction, seems to reflect the existence of internal tensions and profound
disagreements among the political authorities. Indeed, on the one hand, the Swiss Confederation
has adopted anti-discriminatory norms, even if there is room for progress in this area, and
finances projects to combat discrimination and racism. On the other, it constantly reinforces its
legislative restrictions against foreigners, refugees and asylum-seekers. In doing so, it sends the
population the message that foreigners are stigmatized and criminalized, thereby reinforcing
prejudices and increasing discrimination and xenophobia within society. This tends to legitimize
acts of racism and xenophobia, both on the part of State bodies and in everyday social relations.
The Special Rapporteur noted significant questions in this regard within certain State institutions
and in civil society. Thus, an eminent official of one of these institutions stated in a letter
addressed to the Special Rapporteur following his visit that “significant efforts have been made
over the past few years to integrate foreigners. However, paradoxically, rarely has speech
reflecting distrust, and even contempt, towards them been so crude, nauseating and so
widespread and echoed”.
73.
The Special Rapporteur considers that racist and xenophobic discourse has left its mark
on people’s minds, even within the State apparatus. The leitmotif of foreigners as criminals,