Monitor events appropriately
Switzerland must not be a place of reception for extremist groups that spread racially discriminatory sentiments and incite hatred. The concert in Unterwasser (SG) last October 15, attended by about 5000 people, was organized by various movements whose existence and actions are rooted in racial hatred, the Federal Council writes. Although the prevention of racism does not include pre-censorship, the FCR considers it central that the authorities carry out the necessary controls.
Since the municipality of Unterwasser approved a concert organized by a group with racially discriminatory attitudes, the Federal Commission against Racism (EKR) has identified a great need for clarification regarding the means to prevent or - in case of illegality - to sanction such deplorable events.
Deny occasions if justified
Swiss legislation does not prohibit extreme right-wing parties and groups. However, the legal and regulatory provisions of the public authorities at all levels must make it possible to take the necessary precautions to refuse to hold such events if this is justified. In particular, entry bans and the refusal of a permit for an event by the competent authorities come into question here if there is a concrete threat to public safety and order or if it must be assumed that criminal norms, such as the criminal norm on racism, will be violated in the context of the event. The authorities may also make the holding of an event subject to certain conditions or deliberately not make public premises available. However, the aforementioned measures of the authorities must not unjustifiably and excessively restrict the freedom of expression.
Right-wing extremism demands vigilance from authorities
A long-term prevention strategy also involves the political and judicial authorities acquiring the means to sanction slogans and actions that can be classified as racist and anti-Semitic propaganda, as well as the incitements to hatred they contain. Violations of the criminal norm on racism are prosecuted ex officio. If there is a strong suspicion that an authorized public event may become the scene of a violation of the criminal norm, it is important that this event is adequately and professionally monitored to determine whether the law is being observed.
The rise of extremism and, in this case, of right-wing extremism in particular, demands special vigilance from the authorities. Freedom of expression is a fundamental right, but so is the right to non-discrimination. The first must not be used to violate the second.
Press release: Federal Council, Commission of the FDHA
