Council of States calls for ban on extremist symbols
Published: Wednesday, Dec 20th 2023, 10:10
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The Council of States wants to ban extremist symbols. On Wednesday, it approved a corresponding motion from its Legal Affairs Committee (RK-S) without opposition. The ban is aimed at Nazi symbols, but not only. The motion will go to the National Council.
For the Commission, it is offensive that extremist symbols can be used or worn in public in many cases without legal consequences, as Commission spokesperson Céline Vara (Greens/NE) said. A ban should not be limited to symbols associated with National Socialism, but should also cover other racially discriminatory, extremist and violence-glorifying symbols.
In May, the National Council voted in favor of a ban on Nazi symbols. The small chamber rejected this proposal. It wants a more general regulation.
Pure Nazi symbol ban off the table
Councillor of States Marianne Binder-Keller (center/AG) unsuccessfully campaigned for a special law against National Socialist symbols. Jewish people have become increasingly afraid since the outbreak of war in the Middle East.
Andrea Gmür-Schönenberger (center/LU) also said that a criminal law against Nazi symbols was needed quickly. If the motion from the National Council is rejected, a solution will be delayed.
However, a majority of the Council of States disputed this. Legislation is needed that is as clear as possible and as open as necessary, said Daniel Jositsch (SP/ZH). The Federal Council agrees with this.
"No place for racism"
Currently, symbols are only punishable if they are used to promote a racist ideology. Parliament had previously refrained from a total ban on racist symbols, in particular due to the difficulty of defining the symbols to be banned. However, Justice Minister Elisabeth Baume-Schneider stated unequivocally: "There is no place for racism."
A possible ban on right-wing extremist symbolism in Switzerland is basically a good sign, said extremism expert Samuel Althof in an interview with the Tamedia newspapers published in the spring. However, the direct effect is limited. "We should not be under the illusion that such a ban could curb right-wing extremism," said Althof.
However, the justified fears of Jewish society, for example, must be taken seriously. "A ban makes the most sense if we formulate it narrowly and restrict it to National Socialist symbols, combined with clearly and severely defined penalties," said Althof.
Implementation as a "major challenge"
The implementation of a general ban on national socialist and racist symbols in Switzerland is "a major challenge", as the Federal Office of Justice (FOJ) recently wrote in a report. In particular, it is questionable whether the necessary specificity of the norm can be found. The existing legal situation at federal and cantonal level is already sufficient for most situations.
If the National Council approves the motion adopted by the Council of States, the Federal Council must create a legal basis that criminalizes the public wearing, public display and public dissemination of racially discriminatory, violent or extremist symbols. According to the text of the motion, this includes propaganda material, signs and symbols such as gestures, slogans, salutes, signs and flags.
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