It is a sad day for Switzerland, it is a sadder day for humanity. It is a day when a slight majority – 50.3% – of the 56% who voted on this weekend’s plebiscite approved an initiative that was advertized in the media to deceive. It was designed to stoke existential fears, and add fuel to the virus of xenophobia. That this initiative succeeded to get a thin majority at the polls, comes as a surprise to many, and I hope that it comes at a surprise to those 44% who did not bother to vote. While I claimed that I would not be surprised if this happened, now that it happened, I am indignant and surprised.
The EU is build on four fundamental principles set down in the 1957 Treaty of Rome. This treaty is an 80 page document, the four freedoms are the freedom of movement of goods, services, capital and people, Article 3 (c).
If we are to take the case that these freedoms constitute fundamental rights, and this is a case that can be made. Then the violation of these, when contrary to international law, in that intentional deprivation of these rights constitutes persecution, this could approach a crime against humanity. But, this is a difficult case to make, and I do not wish to go so far right now.
We may recall that states are free to exercise their territorial sovereignty and deciding matters pertaining to foreigners. This freedom is however is limited by the EU bilateral agreements, but also by anti-descrimination and reunification of families right (remember Gül v Switzerland?) Really, why don’t we have an independent constitutional court?
Now, this is going to be dizzy to implement!
It really is no consolation that the virus of xenophobia is spreading through Europe. Some states have better immune systems against this virus, but it is one which we are all being exposed to. It is also not just Europe. I thought that we had done the civil liberties movement, dealt with apartheid, and that we were on the way to live in a truly free world. Think again!
The erosion of our basic freedoms is not something to be taken lightly. A thin majority of Swiss today voted against one of the four freedoms on which our neighbours on all sides are building the future.