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I.P.O. Information Service |
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Swiss minaret ban violates basic human rights and threatens
religious peace in Europe
Statement of the President of the International Progress
Organization
Vienna, 3 December 2009 In
a statement issued yesterday, the President of the International
Progress Organization (I.P.O.), Dr. Hans Köchler, strongly
condemned the amendment to the Constitution of
the
Swiss
Confederation,
which bans the building of minarets.
The provision of Art. 72, Par. 3 of the amended Federal Constitution –
“Der Bau von Minaretten ist verboten” / “The building of minarets is
prohibited” – constitutes a clear and open violation of Switzerland’s
legal obligations as a State Party to the International Covenant on
Civil and Political Rights (to which Switzerland acceded on 18 June
1992) and of the European Convention for the Protection of Human
Rights and Fundamental Freedoms (which Switzerland ratified on 28
November 1974).
Art. 18 of the International Covenant on Civil and Political Rights,
adopted by the United Nations General Assembly on 16 December 1966,
provides that everyone shall have the “freedom, either individually or
in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.” Art.
9 of the European Human Rights Convention contains an identical
provision; Art. 14 of that Convention furthermore prohibits
discrimination on the ground of religion.
Because the minaret ban has been enacted by means of an amendment to the
Federal Constitution – through Federal Popular Initiative and Referendum
–, a judicial review within the Swiss constitutional system appears
unlikely. The Swiss citizens have to be reminded, however, that even
they – as the
"sovereign
people"
and supreme political authority under the country’s Constitution –
cannot abrogate basic
human rights
norms, which (a)
form part of
jus cogens and
(b) are
international treaty obligations of the Swiss Confederation. The President of the International Progress Organization appealed to the UN Human Rights Council to address, on the basis of its mandate as subsidiary organ of the United Nations General Assembly, the situation resulting from Switzerland’s violation of the right to freedom of religion.
Dr. Köchler further stated that,
by virtue
of Art. 33 of the
European Human Rights Convention, any State Party to the Convention may
refer Switzerland’s breach of her obligations under Arts. 9 and 14 of
the Convention to the European Court of Human Rights in Strasbourg.
Irrespective of individual applications by Swiss citizens whose rights
have been violated by the ban, it is to be hoped that at least one
Member State of the Council of Europe will raise the issue before the
Court. He further said
that the
minaret ban has seriously damaged Switzerland’s reputation as host
country of United Nations human rights bodies and as depositary State of
the Geneva Conventions. Switzerland must not engage in a policy of
double standards, preaching respect of human rights abroad and violating
one of the most basic rights at home.
The President of the International Progress Organization also condemned
the incitement to hatred and the anti-Islamic campaign that preceded
the referendum
in Switzerland. The blatant and discriminatory interference by the Swiss
electorate into the Muslim
community's exercise of religious freedom not
only threatens inter-religious peace in Switzerland and Europe, but
seriously undermines efforts at a better understanding between
Christians and Muslims worldwide. Regrettably, the Swiss electorate’s
decision has
further emboldened
anti-Islamic groups and politicians,
and has strengthened racist and anti-foreigner sentiments everywhere in
Europe.
Domestic peace and political stability in the larger Europe will depend
on how the peoples of the continent will deal with the multicultural
realities of our time. Religious discrimination and double standards in
the application of human rights may bring Europe one step closer to a
“clash of civilizations” that will endanger the continent’s future, the
President of the I.P.O. concluded. |
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International Progress Organization |