Opponents say proposal violates freedom of religion and incites hostility toward Muslims.
The proposal to ban the construction of new minarets was approved by 57.5% of Swiss voters who participated in the Nov. 29 referendum. Only four of the 26 cantons opposed a ban, but there was a clear division between urban and French-speaking areas, where support was relatively low, and rural and German-speaking cantons, where two-thirds of voters supported the initiative.
At 53%, turnout was high by Swiss standards. All major parties, except the far-right Swiss People's Party (SVP), businesses, religious groups and interest organizations were united in their opposition to the ban. They argued that it violates the constitutional right to freedom of religion and incites hostility toward Muslims. The outcome was met with surprise and condemnation both inside and outside Switzerland.
Although the Courts ultimately may overturn it, repercussions for Swiss-Muslim relations and, consequently, Swiss business interests are possible. Domestically, it boosts the radical anti-immigration agenda of the SVP and threatens Swiss consensus politics.
Popular initiative. The minaret ballot was instigated by the SVP and ultraconservative groups, and it was triggered when almost 115,000 voters signed a people's initiative handed to parliament last year in favor of the ban. One hundred thousand signatures are required to force a federal initiative in Switzerland.
Legal challenge. Although the Swiss Federal Council is bound by the outcome, which has already come into effect, it may be overturned by the Swiss Supreme Court or the Council of Europe's European Court of Human Rights in Strasbourg. A likely test case for the ban is the pending permission for building a minaret in Langenthal, a canton of Berne. The Muslim community in Langenthal intends to take their case to the Federal Supreme Court and possibly further to the Strasbourg Court.
Direct democracy. The verdict raises concerns about direct democracy, which is an almost sacred institution in Switzerland. Both federal and cantonal initiatives are very common in the country:
The Council of Europe has questioned whether fundamental rights of individuals, protected by international treaties, should be subject to popular votes.
--The Swiss Green Party has put forward a proposal making popular initiatives invalid if they violate fundamental rights.
Criticism abroad. The government has faced a chorus of criticism from governments and human rights organizations across the world:
--A top UN human rights official has called the decision "clearly discriminatory."
--Political and religious leaders of Muslim countries, including Turkey, were also quick to condemn the vote.
--Justice Minister and former SVP member Widmer-Schlumpf has stressed that the vote should not be seen as a rejection of the Muslim community, religion or culture.
--However, Switzerland's big multinational companies fear that the ban could prompt actions against Swiss interests in Muslim countries and boycotts of Swiss products. When Danish newspapers published cartoons depicting the Prophet Mohammed in 2005, widespread protests in Muslim nations and a boycott of Danish products occurred.
Right-wing applause. In contrast, far-right leaders across Europe have praised the Swiss vote and seized the opportunity to call for similar bans in their own countries:
--The anti-immigration Danish People's Party applauded the referendum and urged the Danish parliament to call a similar vote.
--In the Netherlands, Geert Wilders' popular anti-Islam Freedom Party is also pushing for a vote.
--Roberto Calderoli, a member of the anti-immigration Northern League and a minister in Italy's center-right coalition government, has proposed a national referendum that would lead to a ban on minarets in Italy.
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Source: forbes.com/
