Framework of Democracy

Excerpts from "Switzerland", © 1993 Kümmerly & Frey, Geographical Publishers, Berne, Switzerland

700 years of democracy

Turbulent times have come and gone since three bold men swore an oath of allegiance on the Rütli meadow in 1291. The decisive step from an alliance of states to a confederation came in 1848. Nowadays, the Swiss electorate has direct or indirect say in all sectors of political life, but it wasn't until 1990 that one of the last bastions of political inequality fell in Switzerland. Women participated in the canton Appenzell Outer Rhodes for the first time, and Swiss Federal Court granted women in Inner Rhodes the right to vote on cantonal matters late in autumn 1990. The latest extension of federal democratic rights concerns 18-year olds who were given the vote in March 1991.

A say in all aspects of political life

The institutions and political organization of 20th century Switzerland reflect the experiences of the last seven centuries. Methods of government developed more by a process of gradual change as the territory was extended, than by sudden upheavals or revolution. The co-existence of several regions with fixed boundaries in a restricted area has brought its own problems. From the defence of primitive liberties in the 13th century - the major reason behind the alliance of the three valleys which forms the 'core' of the Confederation - to present day debates about the Federal system, the basic need for regional autonomy has never been disputed. The political conscience of the Swiss is a rare blend of the desire for self-determination, even at the most local political level, where they do not like to be dictated to, and a feeling of national identity.

Because of its landlocked position at the heart of the continent, Switzerland has inevitably felt the repercussions of European history, although its physical geography has afforded it a degree of protection. Its neutrality, proclaimed in the 16th century, was initially nothing more than a means of self--preservation.

A brief history

The concept of an alliance of autonomous States was first mooted when men from the mountain Cantons of Uri, Schwyz and Unterwalden met in 1291 to pledge mutual aid and support, thus creating, almost unwittingly, the Helvetic Confederation.

The alliance grew out of the desire to protect their traditional rights (self-determination and their own legal system) against the powerful Hapsburg Empire. Tradition has it that the oath of allegiance was taken on 1st August 1291 on the Rütli meadow by Lade Lucerne.

The people of Central Switzerland then embarked on a series of wars to impose their law on the feudal territories of the Plateau and to extend the alliance to other valleys and towns, forming fist a Confederation of eight and then 13 cantons by 1531. This fairly loose association served in the first instance to defend jointly the independence of the individual Cantons and later to conquer and subdue new territories.

The political expansion of the hot-headed Confederates was brought to a brutal end at the battle of Marignano in the Lombardy plain in 1515. The political development of the country was then frustrated for some time by internal disagreements and a divergence of interests between the Cantons and European principalities - particularly regarding the service of Swiss mercenaries in foreign armies, and more especially, the religious problems thrown up by the Reformation. A prominent characteristic of the political situation at the time was the fact that the towns were governed by the local aristocracy and the rural cantons by a democratic body.

The Confederates' decision to refuse to participate in any future European conflicts can be seen as their first step towards neutrality. But this was also a very decadent period of the old Confederation, from which it only began to recover under the repercussions of the French Revolution and its impact on Switzerland. After the Directory troops occupied Switzerland in 1798, the unitarian Helvetic Republic was formed, abolishing all privileges and granting freedom of worship and the press.

In 1803, Napoleon put an end to the disputes between the federalists and those that favoured centralized government by decreeing the Act of Mediation, under which Switzerland became a Federal Republic composed of 19 Cantons. However, after the fall of the Emperor, the Confederation of States became once more - as it had been before 1798 - fairly loose Confederation of 22 Cantons, and here and there, democratic rights were restricted in favour of the aristocracy and the cities. It was during this period, in 1815, that Switzerland's neutrality was recognized internationally. From 1830 onwards, due to popular pressure, liberal constitutions were drawn up in 12 Cantons. 1847 saw the end of a brief civil war between the seven Conservative Catholic Cantons who had made their own separate alliance ("Sonderbund") in an effort to preserve cantonal self-determination, and the Protestant Cantons which already had liberal governments. This dispute resulted in 1848 in the foundation of a Federal State with progressive republican ideas, in the heart of a Europe made up of restored monarchies. The new Constitution was accepted in the same year by popular vote. It was totally revised in 1874, and subsequently adapted according to new demands.

In 1967 preliminary work was started on a complete revision of the federal constitution. In 1987 the Federal Council was asked to prepare a draft for a new constitution to be submitted to both chambers, and, if adopted by the electorate and the cantons, the new constitution may come into effect by the beginning of the next millennium.

During the last century, by reconciling the interests of town and country dwellers on the one hand, and those of different sectors of society on the other, Switzerland has developed from a 19th century authoritarian country and guardian of order to a modern welfare state.

Federalism

The constitution of 1848 whose essential features are still relevant today, gave legal expression to the lessons drawn from Switzerland's history: the unity of the Helvetic State could only be realized by respecting the individuality of its member states.

The Federal State today is made up of 26 autonomous Cantons and Half-Cantons.

The Cantons, as federal states, enjoy a high degree of freedom in their political decisions and administrative autonomy. Each Canton (and indeed, many Communes within them) has its own Constitution and laws. Of course, in many cases, the cantonal and communal laws follow the broad outlines of Federal legislation yet still allow for particular local needs.

The duties of the Federal Government are strictly defined and laid down in the Constitution: it ensures internal and external security; upholds the cantonal constitutions and maintains diplomatic relations with foreign powers. Customs, postal, telegraphic and telecommunications services, monetary controls and armed forces all come under its authority. It is responsible for arming the troops; creating laws that are fair to all (bancrupcy, civil law, penal law); controlling the roads and railways, forestry, hunting, fishing and hydro-electric power. It imposes certain measures to ensure the continued economic development of the country (e.g. protecting agriculture) and its general welfare (social security, etc.).
In many areas the Federal Government simply legislates and supervises, leaving it to the Cantons to carry out the legislation.

The Constitution requires Government at federal and cantonal level to take the form of a so-called semi-direct democracy. The Federal State composed of the people and the Cantons, the Federal Assembly (Parliament), The Federal Council (Government) and the Federal Tribunal.

Civil Rights

Whilst fundamental civil rights are guaranteed by the European Convention on Human Rights, the rights aimed at protecting individual Swiss citizens are laid down by the Federal Constitution, Federal laws and the cantonal constitutions. All Swiss citizens are equal before the law; more particularly, the Constitution explicitly guarantees freedom of private property ownership, freedom of trade and commerce; freedom of choice of domicile and worship; freedom of press; rights of association and petition. Theses rights are standard at Federal level, but the Cantons and Communes may grant more extensive rights.

In Switzerland, all men (and since 1971, women too) on reaching the age of majority, have the right not only to elect their representatives in Parliament, but also to take an active part in deciding legislative and constitutional questions. Two rights are of special interest: the right of Initiative and the right of Referendum. Written into the Constitution, these rights influence the Cantons and Communes also to a greater or lesser extent.

The right of Initiative at Federal level enables the citizens to propose a complete or partial revision of the Constitution.

For such an Initiative, it is necessary for 100'000 electors to sign a document setting out their proposals, either in detail or just in general terms. The Federal Parliament is entitled to put forward a counterproposal and a popular vote is taken for both proposals. It should be noted that a double majority (from the voters and the Cantons) is needed for a change in the Constitution to be adopted. The Swiss appreciate the potential of the right of Initiative and make good use of it. Is is, nevertheless, somewhat complex. Its main advantage is that it incites or revives political discussion. It gives the people the power to intervene directly in decision-making about legislation and constitutional provisions. In several Cantons the Initiative can be used to modify not only the Constitutions, but also the laws.

The Referendum. There are two types of Referendum: the Obligatory Referendum is used at Federal or cantonal level to ensure that all constitutional changes are put to the popular vote; the Optional Referendum enables the public to have their say about any Federal legislation or general decrees. In practice, a minimum of 50'000 electors or eight Cantons have to request an Optional Referendum within 90 days of the official publication of any such measures. The Referendum is also practised at cantonal level, but the way it is used varies from one Canton to another.

Cantons and Communes

With the entry of the Canton of Jura (1979), the Confederation now comprises 26 autonomous Cantons, but only 23 States, three of which are subdivided into Half-Cantons.

The Cantons and Half-Cantons govern themselves independently. The citizens elect their cantonal authorities and take part in cantonal decisions. The cantonal Government, composed of five, seven or nine members, normally elected by a secret ballot (except in the Cantons of the 'Landsgemeinde'), operates along the lines of the collegiate system.

The cantonal Parliament, known as the Grand Council or Cantonal Council, has just one chamber, and the number of representatives varies greatly from one Canton to another (from 52 in the Half-Canton of Obwalden, to 200 in the Cantons of Berne, Aargovia and Vaud).

With exceptions the council members serve normally a four-year term. The Cantons, funded by direct taxation, have independent control over their education systems and social services.

Five small Cantons and Half-Cantons in central and eastern Switzerland have a unique institution called the 'Landsgemeinde'. On the last Sunday in April or the first Sunday in May, every citizen establishes what can be termed as direct contact with his government in a solemn ceremony by casting his vote for the executive officials, on cantonal issues and legislative proposals.

There are 3'061 Communes in the Confederation today, each run by a local authority, many of which, like the Cantons, enjoy a high degree of independence. It is at this local level that Swiss democracy is more direct. By participating in the local Commune Assembly (which is increasingly yielding to elected Communal parliaments in the more populous Communes), and by voting, the citizens themselves elect their communal or municipal authorities and run their own affairs. The responsibilities of the Communes are wide-ranging: administration of public property, such as forests, water, gas and electricity supply; bridges, roads and administrative buildings; schools; the police, fire service, health departments and civil defence, etc; also social, cultural and military concerns and the implementation of certain economic measures imposed at times of war crisis.

The administrative autonomy of the Communes and the Cantons allows every citizen to participate intensively in public life and in the way his community is run. The Communes also collect direct and indirect taxation.

The wide diversity of Switzerland's Communes reflects the country's pronounced regional differences and long history. The differences are discernible mostly in local area and size of population, but also show up in the nature of the Commune - whether there is a bias towards agriculture, traditional crafts, industry or urban development. A Commune can cover a larger area than a small Canton, while certain 'micro-Communes' are smaller than an urban district.

A four-leaf clover: legislation - government - administration - jurisdiction

Parliament

At national level, legislative power is vested in the Federal Assembly which is composed of two Chambers: The National Council representing the people and the Council of States, representing the Cantons. Two hundred members are elected to the National Council, each Canton and Half-Canton has at least one member; election is based on proportional representation, except in Cantons which have only one representative, in which case the majority election system is used. In the Council of States, the 20 Cantons are each represented by two delegates, while the six Half-Cantons have one member each. Every Federal law or decree has to be passed by both Chambers which usually meet at the same time but in separate rooms. Moreover, both Chambers supervise the Federal administration and the enforcement of justice.

The two Chambers come together at least once a year as the united Federal Assembly to elect the Government (Federal Council), its President and Vice-President, the Federal Chancellor (Chief of Staff of the Government), the Federal Court (in Lausanne and Lucerne), the Military Court of Appeal and, in times of crisis, a General in charge of the armed forces. Parliament controls the army and has the power of pardon.

Parliament right of Initiative

According to the Federal Constitution, every member of either Chamber can propose a law of either Chamber can propose a law or decree. He can use his right of Initiative either as a motion or a postulate.

A motion is an independent request to the Federal Council to present a new law or decree; or to give binding directives on measures to be taken or propositions to be made. A motion accepted by one Chamber is not binding on the Federal Council unless the other Chamber agrees to it.

A postulate is an independent request by which the Federal Council is invited to examine whether a law or decree should be proposed, or any other action taken, on any particular issue.

Furthermore, any Council Member is entitled to put an oral or written question to the Federal Council, asking for information on any subject concerning affairs of state.

In addition, there is a so-called 'question time' twice per session in the National Council. The Federal Council is duty-bound to answer all such demands.

The Federal Council

Executive authority is vested in the Federal Council: it presides over the seven Federal Departments (Ministries):

The Federal Council ensure that current laws are observed and drafts new legislation; it conducts foreign affairs and authorizes the mobilization of troops. It is elected every 4 years by the Federal Assembly.

The Federal council operates by the collegiate system, with collective responsibility for decisions. The President of the Confederation, nominated in rotation for a one-year term, takes the chair ('primus inter pares') at Federal Council meetings but otherwise has no special powers or privileges over the other members and continues as head of his own department.

The present composition of the Federal Council was established in 1959, according to a 'magic formula' worked out by Members of Parliament. Each of the four major political parties is represented: The Radical-Democratic, Christian-Democratic and Social-Democratic parties each have two seats, while the Swiss People's Party has one seat.

Constitutionally, it is impossible for two Federal Councillors to come from the same Canton. The three largest Cantons, Zurich, Berne and Vaud, have regularly been represented by a Federal Councillor since 1848 (with occasional breaks in this tradition).

In practice, the election of a Federal Councillor by the Federal Assembly is the result of a complex 'political chemistry'.

A subtle and delicate balance has to be struck in terms of language, denominational, regional and political considerations and an acceptable compromise reached. Because of this, the Federal Council is often considered by the public to be more of an administrative council than a Government. It should be noted that this same Swiss public rarely appreciate, and indeed openly show disapproval at any action or decision of a spectacular nature - something that often surprises foreigners. The qualities that most Swiss look for in a responsible Government, particularly in a Federal Council, are those of discreet and effective leadership. In 1984 a woman was elected Federal Councillor for the first time - Elisabeth Kopp from Zurich, a member of the Radical-Democratic Party.

Mrs. Kopp resigned as Minister of Justice and Police in January 1989 after having been accused of violating the Official Secrets Act. She advised her husband by telephone to resign from the board of directors of a certain firm which was involved in laundering funds. Here case was brought before the Federal Court which has since acquitted her.

Federal Administration

There are some 137'000 employees in the service of the Confederation, the majority of them employed in the postal and telecommunications services (58'500) and the Federal Railway (SBB/CFF: 36'200).

About 36'500 civil servants work for the seven Departments and related constitutions (inc. the Federal Institute of Technology in Zurich and Lausanne) while approx. 5'100 are employed in public utilities such as the Alcohol Administration and ordnance depots.

The Federal Court

The Federal Court, based in Lausanne, is the supreme arbiter of justice. It is the highest court of appeal in the land and administers justice according to the powers bestowed upon it by the Constitution mainly in accordance with the Civil and the Commercial Codes. It functions as the supreme supervisory body for debt collection and can give further consideration in individual cases, to judgments passed by the independent cantonal courts. As the tribunal of last appeal, the Federal Court lays down a de-facto, definitive interpretation of the law as a guideline for the country as a whole. The Federal Court also acts as a State Tribunal in matters of conflict between individual Cantons, or between a Canton and the Confederation. Finally, the Federal Court serves an important function in upholding the constitutional rights of citizens against arbitrary measures taken by the authorities and administration, though it does not protect them against wrong decisions by the legislature.

The Federal Court of Insurance in Lucerne is called upon to act on complaints and claims in matters of social security.

Semi-direct democracy and its problems

'It is an overhelmingly difficult task to describe a nation; even more so when it doesn't exist', so said the writer C.-F. Ramuz in a text he wrote in 1937 whose severe attitude to the Swiss caused quite a stir.

It is in fact nigh to impossible to attribute common denominations to the Swiss in 26 Cantons and Half-Cantons. On the political scene, one rarely encounters great demonstrations, passionate debates or spectacular confrontations. The surprise element - the 'coup de théâtre' is practically unknown and if it does occur - well then it was expected!

The division of the country into 26 Cantons and Half-Cantons, each having a high level of administrative and political authority through their individual Governments and Parliaments, means that national political life is fragmented into quite separate regional sectors. The roots of all political life and therefore essentially local or cantonal.

Federal affairs are nevertheless playing an increasingly important role. While there were barely 100 plebiscites held between 1900 and 1950, they number exactly 200 for the years 1950 to 1988. The number of Initiatives put before the Federal Chancellory has also greatly increased since the fifties. During 1990, no fewer than 11 popular Initiatives were launched.

One paradoxical factor is that while the number of plebiscites held has increased, participation by voters has dropped. Until the fifties, the regular turnout was generally above 50%, sometimes reaching 85%; this has considerably decreased and nowadays wavers between 33% and 50%. It is a similar story for the votes taken at cantonal level where participation is generally even lower - often less than 30%. This apathetic attitude to public questions is the most serious problem facing the Swiss political system and its institutions.

Despite extensive discussion, the true reasons for this abstention are far from being clear, and no remedy has yet been found. One fact, however, stands out: political intervention is becoming less and less the exclusive preserve of the parties. All over the country, people are forming 'citizen's committees', united over a particular issue and determined to act as pressure groups and make use of the Referendum and right of Initiative.

Federal Finance

Discussion of financial policy was centred on improving federal finances and efforts to revise indirect taxation: modernising sales tax or introducing value-added tax.
In autumn 1993 parliament approved a revision package which included a rise of 20 cents per litre of fuel. A referendum has been organized against this motion.

In 1992 federal finances worsened. The deficit was more than twice as large as the budget. This situation is due to both a drop in revenue and a rise in expenditure. Revenue fell by about SFr. 1 billion more than budget, owing to some extent to the present economic situation. There was a real fall in sales tax, which is the Confederation's main source of income, to below the 1990 level. Income from withholding tax was also well below expectations. This unsatisfactory state of affairs as regards revenue was coupled with a considerable increase in expenditure. Total expenditure rose by around 20% in 1991 and 1992. This trend is due to a high rate of inflation and a heavy interest burden. Today the Confederation pays out around SFr. 8 million daily in the form of interest, a figure similar to that spent on education. The state has also been saddled with new responsibilities without any guarantee that it can finance them. The future unfortunately does not look any brighter. Despite its decision concerning financial reforms and optimistic economic forecasts there will be a deficit of at least SFr. 1 billion during the next few years. The government will therefore have to suggest more cuts in spending in order to balance its budget in the middle term.

National Defence

According to Article Two of the Federal Constitution, the essential aims of the Confederation are to protect the independence of the fatherland against foreign aggression and to maintain law and order within the country.

Today the army remains the key factor in Swiss security policy. The Swiss army functions by the principle of compulsory military service. All male citizens, fit for service, are called upon to become soldiers. Their military obligations last from the age of 20 to 50 (55 for officers). Swiss women can volunteer for duty. In Switzerland, military service is considered to be just as important as civil obligations.

The rationale behind the Swiss defence policy is largely based on the country's chosen state of permanent neutrality. Switzerland will only take military action is she is attacked. She would then be engaged in legitimate defense of the country, provided that the fighting is contained within her boundaries. In the military defence of her territory and airspace, Switzerland is honouring a commitment to international rights. The main aim of national defence is to maintain freedom and dependence for as long as possible before resorting to warfare. This has been achieved so far in Switzerland by foreign powers recognizing her military capability as serious and credible. Any would-be aggressor must be deterred from launching an attack on Switzerland; if this proves impossible, then the army must fight to protect the maximum possible territory and population.

At the age of 20, the young Swiss male attends the Recurit's Training Centre for 17 weeks. After this basic instruction, he joins the unit to which he will remain attached throughout his service. When eligible for call-up (aged 20 to 32), soldiers have to attend 8 three-week refresher courses; those eligible for the military reserve (ages 33 to 42) are called up for 3 two-week supplementary courses and those aged 43 to 50 are assigned to the reserve militia but are not normally required to do military service. Thus, the total period of military service is just under 1 year.

Swiss soldiers keep their personal equipment, weapons, ammunition and gas masks at home and, in civilian live, have to attend a compulsory target practice session as well as passing three weapon and equipment inspections. After military service is completed, the men usually transfer to Civil Defence (Civil Protection).

The army is divided into four army corps, the air force and air defence troops. In peacetime there is no commander-in-chief. A Supreme Commander is only elected - by the Federal Assembly - when a large number of troops are mobilized. In wartime, supreme executive authority rests with the Federal Council, even in military affairs. The army is due to be reorganized in the mid-1990's, and total numbers will be reduced by one-third. At the same time men will only be liable for military service up to the age of 42. The present categories (call-up, reserve and veteran reserve) will be abandoned.