Switzerland's federal system, neutrality, and direct democracy

Switzerland, a federal republic in west central Europe, is officially known as the Swiss Confederation or Confoederatio Helvetica (Heatwole 2009). Its people are an ethnic mix, mainly of native German, French and Italian strains. They long labored to forge unity among themselves. Switzerland became the first member of the Confederation in 1291. It is composed of 26 states, called cantons. Of the 26, 20 are full cantons and six are half cantons. They are subdivided into communes, which are similar to counties. There are about 3,000 communes in Switzerland. The Swiss capital is Bern, which has a population of 122,178, as of 2005 statistics. Zurich is the largest city and the financial center (Heatwole).

Not all European States perceived it to their national interests to come to military alliances with other nations (Ruddy 2002). Sweden, Austria and Switzerland are typical examples of such States. Neutralism had greater appeal to them. Former U.S. President Dwight Eisenhower described a "neutral" State as one, which avoided attachment to military alliances. This, he said, did not mean the same as being ethically neutral or neutral between "decay and decency (Ruddy)." Switzerland defines "neutrality" as "a legal concept, which obliges the neutral country to refrain from military participation in armed conflicts with other States (Seger 2005)." The warring countries or parties show respect for the territorial integrity of a neural country (Seger).

The Swiss Republic and its Federal System

Switzerland is a neutralist federal republic, guided by its own constitution (Heatwole 2009). It was adopted in 1874 and, since then, was amended many times. Its political system combines direct and indirect democracy with the principle of federalism. Under this principle, sub-national units of government are given vast powers. Sovereign power belongs to the people. They elect representatives and create laws directly through referendums. Citizens, 18 years old and older, are eligible to vote. The federalist system empowers the cantons and half-cantons with the powers of government. These include the power to declare war and make peace; sign treaties and alliances; to train, recruit for, and direct the armed forces; and to regulate foreign commerce. Cantons and communes are empowered to impose taxes. The federal government also builds roads, railroads and communications, hydroelectric power, and regulates higher education and labor. The cantons can create a wide range of policies and enjoy a high level of autonomy (Heatwole). The Swiss Constitution was intended to balance the interests of the State as a whole with those of the individual cantons (MySwitzerland 2009).

Direct Democracy

This element in Switzerland's fundamental policy issues allows the people to decide directly what laws or constitutional changes they want (MySwitzerland 2009). This is done through people's initiatives and referendums. They express themselves by voting several times a year on policy issues at the federal, cantonal and communal levels. Communes organize elections by secret ballot and automatically register all citizens of voting age in their respective jurisdiction. The ballots and the information about a proposed law are mailed to the voters. The information includes the government's position on the proposed law and a summary of arguments for and against the proposed law. Most of the voters cast their vote by mail. Voting by internet and mobile phone has been, however, recently initiated on a local level (MySwitzerland).

People's initiatives were introduced in 1891 (MySwitzerland 2009). A people's initiative introduces amendments to the constitution. An amendment can be forced by 100,000 citizen signatures and validated by the community within an 18-month period. It may involve individual items or parts of the constitution or the constitution as a whole. Before a people's initiative is presented for popular vote, the parliament makes known its position to accept or decline the initiative. Otherwise, parliament renders its own decision and then presents it to the people as an initiative. It takes several stages and several years before this is done and for the people to vote on. Most people's initiatives fail when presented for popular voting. Of the people's initiatives between 1891 and 2007, only 1% was approved. But they bring about heated political debates and changes (MySwitzerland).

The referendum is a specifically important tool of direct democracy in Switzerland (Heatwole 2009). A petition made by 100,000 votes may amend a part of the Constitution when ratified by a referendum. A petition made by 50,000 voters or 8 cantons can bring on a referendum on proposed laws. Referendums have resolved significant issues. Among these were the creation of the canton of Jura in 1979; restrictions on abortion and some forms of contraception in 1985; stricter immigration and political asylum in 1987; outlawing racial discrimination, racial propaganda and denial of the German Nazi Holocaust in 1994; and defeating the proposal to abolish the military in 2001. Other outcomes and impact of referendums were in support of Swiss membership in the United Nations and women's rights to vote in 1971; equal rights amendment to the Constitution in 1981; and legal equality with men in marriage in 1985 (Heatwole).

A referendum gives the citizens the right to vote on a given legislation passed by the parliament (MySwitzerland 2009). The two types of referendums are optional and obligatory. An optional referendum has far-reaching consequences on the Swiss political system. The popular vote by interest groups tests the decisions of the parliament. Hence, the parliament incorporated the view of the cantons, the political parties and interest groups in the conduct of legislation. An obligatory referendum, on the other hand, automatically presents constitutional changes and international treaties to the vote of the people. It requires a majority of the popular vote and that of the cantons to enact the change (MySwitzerland).

Open-air Voting

Citizens of about 84% of 3,000 communes gather every year to a town meeting to function as the local legislative branch (MySwitzerland 2009). In that meeting, they make legally binding decisions on finances, taxes and other laws. Examples are the cantons Appenzell Inner Rhodes with its 10,500 voters and Glarus with its 25,000 voters. They meet every year at the Landgemeinde as an open-air assembly at the canton level to assert the people's rights. The Landgemeinde is the highest political authority in the Appenzell Inner Rhodes and Glarus cantons. The canton of Glarus lowered voting age to 16-year in 2007 (MySwitzerland).

The Swiss Military

Since and throughout the Cold War, Switzerland maintained a defensive position and capability against a Warsaw Pact offensive (Michaud 2004). This principle set forth by its Armed Forces seeped into its political, economic and military structures when the country became independent in 1648. After the fall of the Berlin Wall, its armed forces fielded 650,000 soldiers in a matter of days. They were organized into four army corps. The corps was provided with 1,000 tanks; 1,500 armored personnel carriers; 1,300 105-and155-millimeter artillery weapons; 1,500 antitank guns; and 2,000 antiaircraft guns. A total of 300 aircraft was mobilized. The total scenario consisted of 10 of the population fiercely ready to defend its territory (Michaud).

In the 50s, part of a national defense plan was the elimination of major strategic infrastructures to make way for the construction of private and public shelters (Michaud 2004). These shelters were to protect from nuclear, biological and chemical attacks. All their bridges, tunnels, highways, most of the industrial base and even historic landmarks could be swept out in a few hours by explosives. Two of these 19th-century historic landmarks were the St. Gottard and Simplon tunnels. These and other probable threats led the Swiss government and its citizen-soldiers to come up with a national defense strategy. Since then, the transformation of the Swiss armed forces became the subject of the media and politics (Michaud).

As of last count, the military has a 220,000 army and air force personnel complement (Heatwole 2009). Of this number, approximately 4,200 belong to a professional staff (U.S. Department of State 2009). Half of them are either instructors or staff officers. The rest are mostly fortification guards. The military has no full-time combat units but can be fully mobilized within 72 hours. Women volunteers now account for 1,050 active-duty posts in the Swiss military (U.S. Department of State, Heatwole).

Service is compulsory for all male citizens (Heatwole 2009). Recruitment begins with the calling of a male inductee at age 20. He goes through basic training for a few months and some service. After this, he returns to civilian life. He is called back to service in the next 20 years for refresher course in order to maintain and update his military skills. He can be asked to render service at any time. He keeps weapons and ammunition, uniform and other paraphernalia at home. He and those like him can be fully mobilized for defense within 48 hours. For this structure, the Swiss military has been described as a highly trained militia, rather than as a standing army. Only 1% of its personnel serve on full-time basis, mostly as members of the office corps. It has no official or hierarchical leader in periods of peace. Parliament selects a general when the military is mobilized (Heatwole).

The Army XXI program for major military transformations has been in progress since 2004 (U.S. Department of State 2009). Last year's goals were consolidation and improvement of quality. The parliament approved Development Stage 08/11 for military reforms for 2008-2011 in 2007. The overall aim was to reduce military size while maintaining high quality of knowledge and equipment standards. At the same time, Development Stage 08/11 aimed at increasing military personnel for overseas deployment, such as for peacekeeping and disaster relief. In 2007, the Swiss parliament approved an increase of Peace Support Operations from 250 to 500. Increased cooperation with civilian authorities could also be anticipated, such as with the police and the border watch corps (U.S. Department of State).

The Swiss Military and the Citizens

The Swiss armed forces are a civilian-controlled militia of able-bodied males intended for universal military service (BDHRL 2004). Apart from training cadres and a scattering of essential headquarters staff, there is no standing army to speak of. Individual cantons perform primary police duties. Cantons have their own police forces, which are effectively controlled by civilians. The outcome is that only a few members of the police force commit human rights abuses. Switzerland enjoys the status of a highly developed free enterprise, an industrial and service economy and a high standard of living for its 7.3 million citizens. The government generally respects their human rights. When violations and problems come up, the law and the judiciary deal with individual cases of abuse. The police only use excessive force occasionally, often against aliens and asylum seekers. There have, however, been reports of trafficking of women and children, which the government takes steps to address (BDHRL).

Human Rights Guaranteed by the Constitution

The 2000 Constitution provides for respect for the integrity of the individual and civil liberties (BDHRL 2004). Section 1 protects the individual citizen from arbitrary or unlawful deprivation of life; disappearance; torture and other cruel, inhuman or degrading treatment or punishment; arbitrary arrest, detention or exile; denial of fair public trial; and arbitrary interference with privacy, family home or correspondence. Section 2 guarantees freedom of speech and press and freedom of peaceful assembly and association. There were no reported political killings, disappearance and torture and other cruel, inhuman or degrading treatment or punishment in the latest country report. Prison conditions generally comply with international standards. The government took measures to respond to earlier reports of prison overcrowding made by non-governmental organizations. It increased the number of detention facilities. The problem has, however, persisted in some areas. Male and female prisoners are kept separately. Young offenders are also housed apart from adult prisoners and pre-trial detainees from convicted criminals. Human rights observers and human rights groups are allowed to visit the prisons and monitor prison conditions (BDHRL).

The government generally observes the constitutional prohibition against arbitrary arrest, detention and exile (BDHRL 2004). Some NGOS, however, reported cases of arbitrary detention of asylum seekers. Handling of most criminal matters belongs to the cantons and at varying procedures. The Swiss Federal Police Office merely coordinates and relies on the cantons for actual enforcement of the law. In major cities like Zurich, Bern and Basel and some cantons, an ombudsman hears and tries citizen complaints and misdeeds in government. A suspect may not be detained longer than 48 hours without a warrant of arrest. Undocumented asylum seekers and foreigners may, however, be detained up to 96 hours even without a warrant. The suspect may be denied a legal counsel while in detention but he may acquire one when the warrant is issued. Indigent suspects may avail of free legal assistance while pending trial. Investigations are generally prompt. Bail is normally granted and denied only when the magistrate has reason to believe that the suspect is dangerous or will not show up during the trial. Higher judicial authorities review lengthy detentions. The Constitution also prohibits forced exile (BDHRL).

The Constitution provides for and guarantees judicial independence and the government generally respects the provision (BDHRL 2004). All courts of first instance are local or cantonal. Citizens enjoy the right to appeal as far as the Supreme Court. A single judge hears trials over minor offenses. A panel of judges hears more serious or complex offenses. A jury hears the most serious cases, such as murder. On the other hand, the Military Penal Code requires that war crimes or violations of the Geneva Convention be prosecuted and tried in Switzerland. This requirement disregards the place of the commission of the crime and whether the accused is a member of the military or a civilian. Civilian rules of evidence and procedure are applied in military trials. Appeal is allowed by the Military Penal Code. The accused often uses court-assigned defense attorneys. Any licensed attorney may become a military defense counselor. The government pays the defense costs. The judiciary generally enforces the Constitutional provision for fair trial. The Constitution also provides for public trials. The provision includes the right to challenge and present witnesses and evidence (BDHRL).

The Constitution prohibits arbitrary interference with personal privacy and privacy of the family, the home and communications (BDHRL 2004). All cantons regulate police entry and also prohibit police entry into private premises without a warrant. An existing law on telecommunication surveillance lists specific offenses, which will allow wiretapping and monitoring of emails of suspects of serious crimes. These serious crimes include money laundering, terrorism and corporate crimes (BDHRL).

Section 2 respects and guarantees the people's civil liberties, including freedom of speech and press, peaceful assembly and association (BDHRL 2004). Some municipalities, however, restrict the public distribution of pamphlets, particularly produced by scientologists. The State may also decide the limit the freedom of the press, including academic freedom, for certain groups, such as those expressing racist or anti-Semitic sentiments, through public speeches or in printed form. Other than this, the press has been free from government control and intervention. The federal government even indirectly subsidizes the press by paying 100 million Swiss francs -- or U.S.$74 million -- to reduce postal rates for newspaper distribution. The government-funded nationwide broadcast media enjoy editorial autonomy. Internet access is widely available and unrestricted in Switzerland. A coordination unit for Cyber Crime Control was set up by the Federal Office for Police in January 2004 to combat child pornography on the internet (BHDRL).

The Success of Armed Forces XXI

Chief of the General Staff Lieutenant General Hans-Ulrich designed a new philosophy and blended it with the concepts of U.S. Army General Gordon R. Sullivan (Michaud 2004). General Sullivan's doctrine and design principles merged quality people, leader development, modern equipment, doctrine, a mix of forces and training. Professional officers and civilians believed that the success of Armed Forces would depend on their ability to operate under an autonomous national or international command scheme. But these Armed Forces could align only with credible international partners. Their credibility would depend on the capability to identify common threats or readiness standards; to respond promptly after an initial signal or a threat; and to cooperate with other Armed Forces while helping stabilize Switzerland's environment by promoting peace. The Swiss Armed Forces have, for centuries, concentrated on the national territory. They needed to recognize and distinguish the three different zones: the strategic environment, the operative terrain, and the regional area. The Swiss Armed Forces would find themselves in the strategic environment in contributing to promoting peace and inter-operate with other armed forces. Armed Forces XXII would cooperate with the concerned countries in the operative terrain. They prepare for defense through existing infrastructures in the regional area (Michaud).

The Armed Forces must achieve the above goals and tasks at a $3 billion annual defense budget (Michaud 2004). They could supplant through armament investment and with the awareness that budget cuts in the last decade were made faster than the implementation of the tasks. As a result, operating costs went up while arms procurement went down (Michaud).

Reactions to Armed Forces XXI

On November 26, 2000, 62.5% of the voting population defeated a socialists' initiative for a 50% defense budget cut to cover the costs of social programs (Michaud 2004). On June 10, 2001, 51% of voters turned down a double referendum by nationalists and anti-militarists, who lobbied against arming soldiers in foreign missions and military training cooperation. On December 2 of the same year, 78% rejected a proposed abolition of the Armed Forces. On March 3, 2002, 54.6% of voters approved the people's initiative for Switzerland's membership in the United Nations. These votes reflected distrust and doubt towards the Armed Forces and the Federal Council's thrust of security through cooperation. At the same time, the majority of citizens supported the military. The Federal Assembly foresaw a decrease in Armed Forces personnel from 400,000 to 200,000 and reserve forces to 80,000 (Michaud).

The Swiss Armed Forces have a basic structure (Michaud 2004). When a specific task is given, brigades and territorial regions are structured to that task. The operational structure changes into a core-mission-fulfillment process. Armed Forces' resources create specific required missions. These included generating basic readiness and operational readiness and implementing the operation plan. Basic readiness is generated according to general staff directives. The Army attaches reserve component battalions to brigade and territorial regions to train. Correspondingly, the Air Force attaches reserve components to air base commands. In generating operational readiness for a specific mission, the Armed Forces staff transmits an operational order. The service commander used this to validate the unit's capability to meet requirements and fulfill the mission. The Armed Forces commanded the staff and controlled the execution of the operation plan by the single services (Michaud).

Force Generation and Deployment

The length of pre-deployment training varies according to the mission (Michaud 2004). Draftees who completed military service were assigned to special standby units and were immediately available. Military professionals and militia personnel who volunteered for a limited period were second in line of availability. Civilian employees ranked next. Reservists would also be available after several months of preparation. With a radical change in the security situation in Europe posed as a concrete threat against Switzerland, the Swiss Armed Forces had to adapt to the situation. This was called force generation. The leadership of the Swiss military was shifting a multiple to a single military command concept. That single commanded was in charge of the development and command of the Army and the Air Force as well as the senior training command and the general staff. He had to hold the rank of lieutenant general (Michaud).

The Concept and Law of Neutrality

Articles 173 and 185 of the Swiss Federal Constitution provide for neutrality (Seger

2005). Switzerland, however, has always taken it, not as a constitutional principle or aim, but only as a means of protecting Swiss independence and security. The Congresses of Vienna and Paris in 1815 by European powers recognized this free choice by the Swiss. This, then, meant that the Swiss also had the right to change its status when the situation warrants. Neither of the 1874 and 200 Constitutions made any changes in the concept of neutrality. It has remained an objective to enhance national security and a foreign-policy instrument to achieve that chief end. It does not stand as an obstacle to a decision for an undertaking to protect the State from outside threats (Seger).

Switzerland uses neutrality as a foreign-policy tool to keep pace with world developments and get a better perspective of these developments (Seger 2005). It confronts new breeds of challenges and threats, such as organized crime and international terrorism, along with other neutral and non-aligned countries in Europe. Switzerland does this by modifying its neutrality policy according to the demands of the situation and in the pursuit of its own interests. It has participated in the Partnership for Peace and international peace missions, as well as becoming a recent UN member, while remaining neutral. Its neutrality policy is guided by the twin principles of respect for international law and the avoidance of the use of force in international relations. It perceives a policy of neutrality, which respects international law, as the best way to steer clear of international conflicts (Seger).

New Challenges and the Future

Membership in the European Union does not disturb the neutrality policy of Switzerland Seger 2005). The chief goals of the EU are economic and political in nature and are, therefore, consistent with Swiss policies. Only if and when the EU adopts and enforces a collective defense system and requires all members to participate militarily will Switzerland's neutrality foreign policy deter its participation in the system. When this happens, Switzerland must rely more on itself in confronting new threats. The recent observation is Switzerland's gradual integration into international cooperation. Membership in the UN and Partnership for Peace enhances the tendency. But Switzerland remains, in many ways, still very much isolated. Fighting terrorism requires integration into global structures and this is a real problem to Switzerland. Another problem is providing humanitarian assistance during a civil war. It means necessarily taking sides, especially when the assistance if given within the borders. Switzerland must choose between its neutrality policy and the global fight against human rights abuse and genocide (Seger).

The five neutralist countries -- Switzerland, Sweden, Austria, Ireland and Finland -- find the conditions for participation in international cooperation acceptable (Seger 2004). Sweden participates in the UN peacekeeping and civilian crisis management and conflict prevention. Ireland has been active in UN efforts at peacekeeping too. The maxim, "solidarity in Europe and neutrality in the world," has been successfully used in Austria. Finland finds it easy to support EU's work as long as territorial defense remains. And Switzerland's work within the Partnership for Peace has opened many doors and views. The concept of "preventive action" appears to clear up negative assumptions and views among the Swiss about international commitments. Despite massive international cooperation, however, neutrality is still strongly supported in these countries. The day is coming when they must choose between neutrality and participating in a collective defense system under EU (Seger). For Switzerland, the choice seems apparent. #