For the banning of the Hitler salute and the swastika in Switzerland
For the banning of the Hitler salute and the swastika in Switzerland
June 30, 2022
The Federal Commission against Racism is in favor of banning the Nazi salute and the swastika in Switzerland
The Federal Council does not want to ban Nazi symbols. The Federal Commission against Racism now makes a different recommendation.
In a motion, Central National Councilor Marianne Binder calls for Nazi symbols to be banned. The Federal Council recommended the rejection of the proposal last February. The state government has been met with a lack of understanding from various quarters.
The Federal Commission against Racism has just released a statement. The Commission advocates the prohibition of racist symbols.
It is “important to send a clear signal”
In view of this development, the Commission considers it “important to send a clear signal that racist symbols cannot be tolerated in public”.
When implementing a ban, it should be taken into account that if racist symbols are obviously used for purposes other than the dissemination of racist ideas – for example in a campaign against neo-Nazis or in the context of art, science and education – this should not be punishable.
Criticism of the Federation of the Jewish Community
In its negative assessment of Marianne Binder’s request, the Federal Council stressed that making racist propaganda, that is to say influencing third parties and trying to win them over to the ideology, already constitutes a criminal offence.
The mere fact that a person publicly expresses sympathy for a discriminatory ideology does not constitute propaganda.
A Nazi symbol sewn onto a jacket is therefore permitted. The Federal Council referred to freedom of expression. According to the case law of the Federal Supreme Court, it must be accepted that reprehensible opinions are also represented – even if they are untenable for the majority.
The Swiss Federation of Jewish Communities and the Platform of Liberal Jews described the Federal Council’s position as “incomprehensible”. Both organizations referred to Germany and other countries where any Nazi symbol is banned.
The Federal Office of Justice is currently investigating the matter.
Last March, Justice Minister Karin Keller-Sutter (FDP) instructed the Federal Office of Justice to examine the need for action and the legal options in this regard. The Federal Office is also analyzing how the ban on racist symbols works abroad. The report on the subject should be finished soon.
The statement by the Federal Commission against Racism now strengthens the camp of those who want to ban either Nazi symbols or racist symbols in general. So far, the Federal Council has taken the position that prevention in this area is more appropriate than penal repression: there is an agency specializing in the fight against racism; it designs, promotes and coordinates activities at the federal, cantonal and municipal levels.
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