Swiss referendum, November 2008
Encyclopedia
On 30 November 2008, a referendum
was conducted in Switzerland on four popular initiative
s and one proposed change of a federal statute.
Swiss voters rejected initiatives aiming at a legalisation of cannabis, at a flexibilisation of the pension age and at restricting the right of appeal of associations against construction projects. They accepted the revision of the federal statute on narcotics and, as a surprise result, the elimination of the statute of limitations with respect to pornographic crimes against children.
, introducing a new article 123b stating that "the prosecution of sexual or pornographic infractions against prepubescent children, as well as the penalty for such infractions, are not subject to the statute of limitations
".
The initiative was submitted on 1 March 2006 by "Marche Blanche", an association of victims of child sexual abuse
and their relatives, with 119,375 valid signatures. The proponents of the initiative argued that victims of pedophilia
often take a long time to become old enough and muster the courage to bring the perpetrators, who are often members of their immediate family, to justice. Therefore, according to the proponents, the statute of limitations often has the effect of preventing the effective prosecution of child sexual abuse.
The Swiss Federal Council
and the Swiss Federal Assembly recommended that the initiative be rejected. The National Council
opposed the initiative with 163 against 19 votes, the Council of States
unanimously. All political parties in Switzerland with the exception of the Swiss People's Party
and the Federal Democratic Union also opposed the initiative. The federal authorities argued that the iniative was inartfully phrased, making reference to the puberty
of children, a developmental phase often difficult to exactly pinpoint in time and varying among children. They noted that the statute of limitations was necessary to prevent useless prosecutions, because after dozens of years the testimony of witnesses was often not reliable enough to secure a conviction. In the opinion of the federal authorities, imprescriptibility should remain reserved for crimes of exceptional gravity such as genocide
and terrorist acts
. Finally, the federal authorities argued that a previous change in law had already accomplished much of what the proponents desired, fixing the period of prescription at 15 years starting with the 18th birthday of the victim.
for personal use to be legal, while charging the federal authorities with ensuring an adequate protection of the Swiss youth.
The initiative was submitted on 13 January 2006 by a committee of left-wing and liberal politicians with 105,994 valid signatures. The proponents of the initiative argued that the prohibition of cannabis was ineffective, as attested by some 600,000 consumers of the drug in Switzerland, and should be lifted.
The Swiss Federal Council
and the Swiss Federal Assembly recommended that the initiative be rejected. The National Council
opposed the initiative with 111 against 73 votes, the Council of States
with 19 against 18. Among the political parties in Switzerland, only the liberal and left-wing parties and the youth wing of the Free Democratic Party of Switzerland
supported the initiative.
Objecting to that programme and demanding a strict policy of prohibition, a committee of conservative politicians of the Federal Democratic Union and Swiss People's Party
collected 51,969 valid signatures against the change in law, thereby subjecting it to a popular referendum.
of environmental organizations to take legal action against construction projects approved by popular vote or by a federal, cantonal or municipal legislature.
Campaign websites:
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
was conducted in Switzerland on four popular initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
s and one proposed change of a federal statute.
Swiss voters rejected initiatives aiming at a legalisation of cannabis, at a flexibilisation of the pension age and at restricting the right of appeal of associations against construction projects. They accepted the revision of the federal statute on narcotics and, as a surprise result, the elimination of the statute of limitations with respect to pornographic crimes against children.
Elimination of the statute of limitations with respect to pornographic crimes against children
The initiative "for the elimination of the statute of limitations with respect to pornographic crimes against children" provided for an amendment to the Swiss Federal ConstitutionSwiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
, introducing a new article 123b stating that "the prosecution of sexual or pornographic infractions against prepubescent children, as well as the penalty for such infractions, are not subject to the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
".
The initiative was submitted on 1 March 2006 by "Marche Blanche", an association of victims of child sexual abuse
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
and their relatives, with 119,375 valid signatures. The proponents of the initiative argued that victims of pedophilia
Pedophilia
As a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
often take a long time to become old enough and muster the courage to bring the perpetrators, who are often members of their immediate family, to justice. Therefore, according to the proponents, the statute of limitations often has the effect of preventing the effective prosecution of child sexual abuse.
The Swiss Federal Council
Swiss Federal Council
The Federal Council is the seven-member executive council which constitutes the federal government of Switzerland and serves as the Swiss collective head of state....
and the Swiss Federal Assembly recommended that the initiative be rejected. The National Council
National Council
-Conservation:* National Council for Science and the Environment, a US-based non-profit organization which has a mission to improve the scientific basis for environmental decisionmaking...
opposed the initiative with 163 against 19 votes, the Council of States
Swiss Council of States
The Council of States of Switzerland is the smaller chamber of the Federal Assembly of Switzerland, and is considered the Assembly's upper house. There are 46 Councillors....
unanimously. All political parties in Switzerland with the exception of the Swiss People's Party
Swiss People's Party
The Swiss People's Party , also known as the Democratic Union of the Centre , is a conservative political party in Switzerland. Chaired by Toni Brunner, but spearheaded by Christoph Blocher, the party is the largest party in the Federal Assembly, with 58 members of the National Council and 6 of...
and the Federal Democratic Union also opposed the initiative. The federal authorities argued that the iniative was inartfully phrased, making reference to the puberty
Puberty
Puberty is the process of physical changes by which a child's body matures into an adult body capable of reproduction, as initiated by hormonal signals from the brain to the gonads; the ovaries in a girl, the testes in a boy...
of children, a developmental phase often difficult to exactly pinpoint in time and varying among children. They noted that the statute of limitations was necessary to prevent useless prosecutions, because after dozens of years the testimony of witnesses was often not reliable enough to secure a conviction. In the opinion of the federal authorities, imprescriptibility should remain reserved for crimes of exceptional gravity such as genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
and terrorist acts
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. Finally, the federal authorities argued that a previous change in law had already accomplished much of what the proponents desired, fixing the period of prescription at 15 years starting with the 18th birthday of the victim.
Legalisation of the personal consumption and production of cannabis
The initiative "for a sensible cannabis policy with effective protection of the youth" provided for an amendment to the Federal Constitution. It would have introduced a new article 105b declaring the consumption, purchase and production of cannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
for personal use to be legal, while charging the federal authorities with ensuring an adequate protection of the Swiss youth.
The initiative was submitted on 13 January 2006 by a committee of left-wing and liberal politicians with 105,994 valid signatures. The proponents of the initiative argued that the prohibition of cannabis was ineffective, as attested by some 600,000 consumers of the drug in Switzerland, and should be lifted.
The Swiss Federal Council
Swiss Federal Council
The Federal Council is the seven-member executive council which constitutes the federal government of Switzerland and serves as the Swiss collective head of state....
and the Swiss Federal Assembly recommended that the initiative be rejected. The National Council
National Council
-Conservation:* National Council for Science and the Environment, a US-based non-profit organization which has a mission to improve the scientific basis for environmental decisionmaking...
opposed the initiative with 111 against 73 votes, the Council of States
Swiss Council of States
The Council of States of Switzerland is the smaller chamber of the Federal Assembly of Switzerland, and is considered the Assembly's upper house. There are 46 Councillors....
with 19 against 18. Among the political parties in Switzerland, only the liberal and left-wing parties and the youth wing of the Free Democratic Party of Switzerland
Free Democratic Party of Switzerland
The Free Democratic Party was a classical liberal political party in Switzerland. It was one of the major parties in Switzerland until its merger with the smaller classical liberal Liberal Party, to form FDP.The Liberals on 1 January 2009....
supported the initiative.
Revision of the federal statute on narcotics
The revision of the federal statute on narcotics was adopted on 20 March 2008 by the Swiss Federal Assembly, with the National Council passing the law by 114 to 68 votes and the Council of States unanimously. It provided for a statutory basis for the Swiss strategy against illegal drugs practiced since 1999, which consists of four pillars: prevention, harm reduction, therapy and repression. Most controversially, the revision allowed for a continuation of the governmental distribution of heroin to heavily addicted persons.Objecting to that programme and demanding a strict policy of prohibition, a committee of conservative politicians of the Federal Democratic Union and Swiss People's Party
Swiss People's Party
The Swiss People's Party , also known as the Democratic Union of the Centre , is a conservative political party in Switzerland. Chaired by Toni Brunner, but spearheaded by Christoph Blocher, the party is the largest party in the Federal Assembly, with 58 members of the National Council and 6 of...
collected 51,969 valid signatures against the change in law, thereby subjecting it to a popular referendum.
Restriction of the right of associations to appeal against building projects
The initiative for the restriction of the right of associations to appeal against building projects provided for an amendment to the Federal Constitution. It would have introduced a new article 30a, which would have removed the standingStanding (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
of environmental organizations to take legal action against construction projects approved by popular vote or by a federal, cantonal or municipal legislature.
Flexibilisation of the pension age
The initiative "for a flexible pension age" provided for an amendment to the Federal Constitution. It would have introduced a new article art. 112 par. 2 littera e, which would have allowed most people to retire without the loss of benefits at the age of 62 instead of at the age of 65 for men or 64 for women.External links
Official information about the referendum: Voter information by the Swiss Federal Council (PDF).Campaign websites: