A/HRC/4/19/Add.2
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repeatedly revived on the occasion of many votes, punctuated by political discourse and
exaggerated by certain media, increasingly penetrates the collective mentality and gives
legitimacy not only to identity-related tensions hostile to cultural diversity but also to
discriminatory and arbitrary behaviour by members of certain State bodies.
74.
The establishment of the Service for Combating Racism and the Fund for Projects against
Racism and in favour of Human Rights within the Federal Department of the Interior reflects a
certain degree of political will to implement the Durban Programme of Action adopted by the
World Conference against Racism, Racial Discrimination and Related Intolerance. The
establishment of the Federal Commission against Racism and the Federal Commission for
Foreigners reflects a desire to involve civil society in this undertaking. The personal
commitment and high degree of motivation and sensitivity regarding the question of racism of
officials and staff of the Service for Combating Racism and the members of these commissions
demonstrate the existence in the State apparatus of motivated staff capable of implementing,
with the appropriate means, any declared political will to combat racism and xenophobia.
However, two significant factors undermine this political will: the absence of political
consensus at the highest level, demonstrated by repeated proposals by political parties
represented in the Government to abolish or marginalize these services and mechanisms, and
by the fact that these services and mechanisms do not have the necessary powers and authority
and do not receive the means and resources that they need to implement their mandates
effectively.
75.
The Special Rapporteur notes that the new legislation on foreigners and on asylum,
owing to its restrictive and repressive nature, reveals a tendency to approach immigration and
asylum issues solely from a security point of view and to criminalize foreigners, immigrants and
asylum-seekers. The considerable number of acts of police violence with racist and xenophobic
overtones against these target groups and the judicial and administrative impunity enjoyed,
according to the victims, by the perpetrators, as well as the absence of clear policy guidelines for
the police force in order to prevent all discriminatory practices, are alarming signs of the failure
to attach priority to combating racism and xenophobia.
76.
Nevertheless, the Special Rapporteur took note with interest of initiatives, such as that of
the Basel police, to implement an intercultural training programme and establish direct dialogue
with representatives of the black community. He was informed that a federal bill on the use of
coercion by the police and police measures in areas that fall within the competence of the
Confederation, expressly providing for training in the areas of “basic rights, protection of the
person and procedural law and behaviour towards persons of different cultural backgrounds”
is under consideration. Nevertheless, the Special Rapporteur, with reference to the testimonies
that he received during his visit, as well as to various reports prepared by recognized national
and international NGOs, must conclude that police practices differ not only from canton to
canton but remain one of the dark stains on Switzerland’s efforts to combat racism and
xenophobia.
77.
The Special Rapporteur was particularly alarmed at the lack of reliable data and statistics
concerning manifestations and expressions of racism, discrimination and xenophobia in