A/HRC/4/19/Add.2 page 6 Federal Assembly, and operates according to the principle of collegiate responsibility. The Council is currently composed of two socialists, two radicals, a Christian democrat and two members of the Swiss People’s Party/Centre Democratic Union (SVP/UDC). 14. The Federal Constitution defines the fundamental rights and powers of the Confederation. The Confederation is responsible for foreign policy, defence, customs, monetary policy and national legislation on entry into, sojourn in and departure from Switzerland and settlement by foreigners, and on the granting of asylum. In keeping with the principle according to which the Confederation has only the powers conferred on it by the Constitution, whereas the cantons have general and subsidiary powers, matters that do not fall within the competence of the Confederation are dealt with by the cantons. 15. The Swiss State system is very distinctive owing to federalism, the sharing of powers between the Confederation and the cantons, and the operation of direct democracy. Problem relating to racism can therefore fall within the competence of the Confederation, the cantons or even the communes. C. Legislative framework 16. The new Federal Constitution, which entered into force in 2000, contains a provision on equality and non-discrimination (art. 8). By amending the article of the previous Constitution, which stated that “All Swiss are equal before the law”, article 8, paragraph 1, affirms the equality of all “human beings” before the law. Paragraph 2 of the same article declares that “Nobody shall suffer discrimination, particularly on grounds of origin, race, sex, age, language, social position, lifestyle, religious, philosophical or political convictions, or because of a physical or mental disability.” 17. The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the Federal Assembly on 9 March 1993 and entered into force in Switzerland on 29 December 1994. In order to meet the requirements of the convention, article 261 bis, which criminalizes discrimination and public incitement to racial hatred, was introduced in the Criminal Code. The authorities have also envisaged the adoption of two additional articles to this article concerning the wearing of distinctive signs of a discriminatory attitude based on race or the public use of slogans, gestures or forms of salutation with a racist meaning (art. 261 ter) and the criminalization of the creation of, or participation in, groups that intend to commit acts prohibited under article 261 bis (art. 261 quater). Moreover, in June 2003 Switzerland recognized the individual communications procedure under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination. 18. Article 261 bis of the Criminal Code remains subject to two paradoxical criticisms. On the one hand, some voices, particularly from the political right, are calling for the abolition of this article, which they consider useless or contrary to freedom of expression. During an official mission to Turkey in October 2006, the Swiss Minister of Justice, Christophe Blocher, criticized