Swiss referendum on asylum lawBy Marianne Arens
11 June 2013

A referendum took place in Switzerland Sunday on proposals to strengthen
the law against asylum seekers. The changes to the regulations, which were
classified as “urgent” by the government, came into force on September 28,
2012 as a result of a parliamentary decision. A committee made up of Social
Democratic youth, Greens and anti-racist groups proposed the referendum and
gathered the necessary signatures for a vote to go ahead.
Had the reforms not achieved a majority, the government would have been
obliged to withdraw the new provisions. In the event, the vote resulted in
78.4 percent supporting the revisions.

The details of the new law include a strengthening of federal government’s
powers to control and expel immigrants. It includes a reduction of the time
allowed for appeals by asylum seekers who come from countries deemed to be
safe, the elimination of so-called embassy asylum and refusal to serve in
the armed forces as a reason to seek asylum.

The Swiss government intends to establish control centres for immigrants in
former army barracks for those seeking asylum until a decision over their
fate has been reached. In this way they are seeking to prevent asylum
seekers from going underground if their application is rejected. At the
same time, a streamlined deportation process will be created. For
“recalcitrant” immigrants, emergency prisons will be established.

These provisions represent a legal grey area and are a recipe for arbitrary
measures to undermine the rights and freedoms of those targeted, who are to
be confined to prison without having committed a criminal act or tried
before a court of law.

It will also no longer be possible in the future for asylum seekers to
apply for asylum at Swiss embassies in other countries. This will lead to
refugees who are looking to flee to Switzerland for protection being forced
into the hands of people smugglers and high-risk journeys to reach the
country. It is inevitable that this will impact those who are weakest and
most in need, robbing mothers with children, old people and the socially
disadvantaged of any means to escape their home countries.

The period for appeals for asylum seekers from countries considered secure
will be cut from 30 to a maximum of 10 days, which will severely impair
their legal protection. The decision to no longer recognise refusal of
military service as a reason to seek asylum has already been criticised by
the UN High Commission for Refugees (UNHCR) as a breach of the UN’s Refugee
Convention.

Swiss law on asylum has previously been strengthened 10 times since being
introduced in 1981. Increasingly strict provisions were imposed on
refugees. Step by step they were prevented from seeking work, and their
freedom of movement consistently limited. “Custody prior to deportation”
was lengthened from several days to 24 months. Switzerland was subsequently
compelled to shorten the upper limit to 18 months since it breached the
Schengen regulations adopted by the EU.

For a long time, there has been no vote on all of the changes that have
strengthened the law on asylum. Along with the measures voted on Sunday,
the parliament had already decided on further alterations. A much more
widespread reform is being prepared, including plans to allow asylum
seekers to receive only minimal emergency support rather than social
welfare, and compel them to undergo an across-the-board DNA test. If an
asylum seeker does not have any papers, then their request will not even be
considered.

“Deportations” are already imposed using inhumane methods. Deportees are
shackled and tied up like a parcel with a motorcycle helmet on their head.
Since many doctors have refused to assist with the restraint and gagging of
people in such a way the medical escort for deportations has been passed
over to a private company.

Simonetta Sammaruga, the Social Democrat minister of justice, has led the
implementation of the strengthened provisions. She has been involved in the
government project to have asylum seekers accommodated at “centres” or
camps controlled by the federal government. She argued that the government
“needs handier tools to deal with asylum seekers.”

It is no accident that the newspaper *Weltwoche*, which is close to the
right-wing Swiss People’s Party, is full of praise for the Social
Democratic justice minister. It hailed Sammaruga as a “mild but strong”
justice minister, and wrote: “The minister tackles her tasks by getting
close to the people and sticking to the problems.”

Several organisations supported the call for a “no” vote. Along with the
Social Democratic youth, the Greens and anti-racist groups who proposed the
referendum, the Democratic Jurists, the two main churches in the country
and the charity Caritas also supported a “no” vote.

Even at a conference of the Social Democratic Party (SP) on March 2,
delegates voted by 170 to 2 in favour of a “no” vote. This came after the
SP had previously refused to support the referendum, opposing their own
justice minister.

In the course of the deportation process there are already regular tragic
cases of fatalities. In the Canton of Zurich alone, there were four such
cases last year: on November 12 a homosexual asylum seeker from Russia,
Oleg N., took his own life while in detention at Kloten airport; on
November 19 an Armenian asylum seeker was found dead in a hospital; and on
January 4, 2013 a Kurdish asylum seeker hung himself in a police prison in
Zurich.

Recently on May 2, Tunisian Moncef S. committed suicide a week before his
26th birthday. Moncef was threatened with immediate deportation after the
authorities had rejected his request for asylum. The border police arrested
him in the middle of March. In an airport prison Moncef attempted suicide
for the first time. He was then taken to a psychiatric ward, from which he
fled at the beginning of May. On May 2 he was found dead in the cellar of
his former apartment...

   - <http://www.wsws.org/en/articles/2010/10/repo-o21.html>


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