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GUIDE MY SWISS DEMOCRACY PASSPORT TO MODERN REPRESENTATIVE DEMOCRACY WITH INITIATIVE AND REFERENDUM Name Contact Info I am an Eligible Citizen of the Municipality of The District/Region/Province of Name of Country (or Countries) Name of Transnational Entity Name of other Political Entity Unsure about your own citizenship status? Check your (travel) passport or national ID card or consult with an information officer in your hometown/province or country.
WELCOME Switzerland—A Modern Representative Democracy with Strong Direct Democratic Rights These are some of the numbers of the participating voters at large making up a federal republic in and the majority of voters in a ma- the heart of Europe neighbored by jority of states ('double majority') Liechtenstein, Austria, Italy, France behind them. However, until 1971 and Germany. Switzerland is a “na- only men were eligible to vote. tion of will” convening different Welcome to this second edition cultures, religions and languages. of the Swiss Democracy Passport. The laws of the land are made by This publication by the Swiss De- the Swiss themselves—in a way mocracy Foundation in cooper- which very much fulfills Art. 21.1. ation with partners, offers Swiss of the Universal Declaration of Hu- Democracy Passport holders from man Rights: all across the world alike a brief and concise introduction into how a 41,285 KM2 “Everyone has the right to take part in the modern representative democracy can become even more represent- 8.637 MILLION CITIZENS government of his country, ative if citizens are continuously directly through freely involved in the agenda-setting and 4 NATIONAL LANGUAGES chosen representatives” decision-making of a political com- 26 CANTONS The Swiss elect their representa- munity. This Passport highlights the 2148 MUNICIPALITIES tives in regularly held elections. interplay of direct and indirect de- And they are also involved in the mocracy by explaining principles, business of law- and constitution- procedures and practices on all po- making—on three political levels. litical levels—and is designed to be- The modern state was established come a useful and informative com- by referendum in 1848 and since panion for everybody interested in then all amendments to the feder- the future of democracy—in times al constitution have had a majority of global crisis and challenges. 5
CONTENT Iceland My Swiss Democracy Passport 3 Editorial: Switzerland—A Modern Representative Democracy 5 Faroe Welcome by the Swiss President 8 Finland Map: A Country with Four Official Languages 10 Norway Åland The Late Introduction of Female Suffrage 12 Sweden Estonia The Fascinating Interplay of Direct and Indirect Democracy 14 Latvia Referendums and the Elected Representatives— Denmark Lithuania a Successful Combination 16 Ireland United Netherlands Kingdom Popular Initiatives—Valves and Negotiations 18 Belarus Germany Why Do the Swiss Trust their National Government? 28 Poland Belgium Luxembourg What are the Weaknesses of the Swiss Political System? 31 Czech Republic Ukraine Slovakia Selected Facts & Figures after 175 Years of Voting in Switzerland 34 Switzerland Liechtenstein Moldova France Austria Wide Variety of Topics 36 Hungary Italy Slovenia Croatia Romania Developing Rules of the Game 42 Portugal Andorra Monaco San Marino Bosnia & Herzegovina Serbia Lucerne—Welcome to a World Democracy City 48 Bulgaria Swiss Democracy Foundation: Committed to Sustainable Vatican Montenegro Kosovo Spain Albania North Democracy Promotion in Switzerland and Worldwide 50 Macedonia Greece The Polit-Forum Bern in the Käfigturm 52 About the Swiss Democracy Passport 54 Northern Europe Malta Cyprus Eastern Europe Southern Europe Western Europe 6 7
WELCOME TO SWITZERLAND Welcome to the Swiss Democracy Passport There is no doubt that reaching decisions in a democracy The Swiss experience in direct can be time-consuming, laborious, slow and difficult. democracy is not without its As Winston Churchill is often referenced to have said: own challenges, in particu- democracies are the worst form of government—except lar when it comes to foreign for all the others. policy. Domestic and foreign policies are more than ever Direct democracies are even more complex than representa- closely intertwined. While new instruments of international tive ones. As a consequence, a stable form of direct democra- regulation (e.g. soft law) offer opportunities by allowing swift cy cannot come into existence overnight. And a system of di- responses to new global challenges, they raise legitimate rect democracy must be carefully and continually nurtured in questions regarding democratic participation in their elabo- order to make it work. Given the particularities of every state ration. A balance must be struck. While governments need to and society, institutions of direct democracy cannot simply remain capable to safeguard key foreign policy interests in a be copied, but must be shaped in their specific context. dynamic international environment, it is important to ensure As a longstanding direct democracy and multi-cultural a more effective democratic participation in foreign policy society, the case of Switzerland highlights what direct de- issues. mocracy can achieve. It increases popular support for polit- There is no doubt direct democracies have the neces- ical decisions. It also forces all stakeholders to compromise sary strength needed to tackle these challenges and remain a in order to assure popular majorities on specific issues. At the model fit for the 21st century. As a natural reference point for same time, direct democracy favors the inclusion of minori- modern direct democracy, Switzerland, in accordance with its ties, especially through its combination with federalism and constitutional mandate to promote democracy globally, will the rule of law. This combination ensures that minorities are continue to actively support citizens’ participation in political heard and protected at the institutional and political level. decision-making. Direct democracy cannot flourish under all conditions. The Swiss experience underlines the importance of a shared cul- ture of debate and informed responsibility of citizens. Such attributes cannot develop overnight but are fostered by a Ignazio Cassis practice with initiatives and referendums. President of the Swiss Confederation 8 9
Schaffhausen GERMANY MAP OF SWITZERLAND Basel-Stadt Thurgau Basel-Landschaft Jura Zürich Appenzell Ausserrhoden Solothurn Aargau Appenzell Innerrhoden French 23% St. Gallen Luzern Zug AUSTRIA LIECHTENSTEIN Schwyz Neuchâtel FRANCE Glarus Nidwalden Bern Obwalden Graubünden Uri Fribourg Vaud Romansh 0.5% Ticino Valais Italian 8% Genève Other Languages 25% of which 5.7% English, 3.5% Portuguese and 3.3% Albanian and 12.5% other languages. (Swiss-)German 62% (Swiss-)German 62% For 25 percent of the population, their mother French 23% tongue is not one of Switzerland’s national Italian 8% languages. Many people state that they have ITALY Romansh 0.5% two main languages—they are bilingual. 10 11
THE LATE INTRODUCTION OF FEMALE SUFFRAGE Compared to other democratic On February 7, 1971, 65,7% of the— A Misused Reference to countries, Switzerland was par- then only male—voters approved Direct Democracy ticularly late in establishing the the amendment to the Federal right to vote regardless of gender. Constitution on women's suffrage As in every democracy, in a direct While democratic countries like and voting rights. Swiss men had democracy it is key to have full New Zealand (in 1893) or Finland rejected the same proposal in 1959. voting rights in order to be able (in 1906) introduced With this decision, to take part in the agenda-setting suffrage for both Switzerland was one and decision-making process. This women and men of the last countries in right was basically enshrined in the more than a century With this decision, the world to introduce Swiss constitution from the begin- ago, in Switzerland, female suffrage on a ning in 1848. Switzerland was women could only national level. Among But the male decision-makers one of the last exercise their voting the Swiss munici- continued for 123 years to exclude countries in the and electoral rights palities and cantons, women, even if both the govern- world to introduce many decades later. the first to introduce ment, the parliament and the courts female suffrage on However, already female suffrage was had many opportunities (and were in the late 19th cen- a national level. the canton of Vaud repeatedly invited by the Swiss tury the argument in 1959. women) to change this injustice. was made for an universal suffrage However, in the canton of Appen- Until 1971 the reference to di- More reading: right for both men and women: zell Innerrhoden, women were rect democracy (and the seemingly Studer, Brigitte and Wyttenbach, Judith: As an example Emilie Kempin- denied the right to vote on can- necessity of a male ‘popular’ vote) «Frauenstimmrecht – historische und Spyri, the first woman in Switzer- tonal and municipal levels even was flagrantly misused to exclude rechtliche Entwicklungen, 1848-1971», land to graduate with a law de- until 1990 when the Swiss Su- the women from their fundamental Hier und Jetzt. gree asked the (male) Court for a preme Court decided that this was rights as citizens. Eugster, David und Troxler, Paula: re-definition of the concept “Swiss unconstitutional. That was more Historically—out of more than «Der lange Weg zum Frauenstimm- citizens” to include both women than a century after the highest 670 popular votes since 1848—in recht», https://www.swissinfo.ch/ger/ and men. This was rejected in 1887 court of Switzerland for the first the first 224 cases only the male der-lange-weg-zum-frauenstimmrecht and followed by many new (male) time had to judge on the interpre- voters could participate. /46347344. decisions to exclude women from tation of article 4 of the Federal ch2021.ch the right to vote. Constitution. 12 13
SWITZERLAND’S FASCINATING INTERPLAY Between 1900 and 2022*, in 26 Countries BETWEEN DIRECT AND INDIRECT DEMOCRACY Worldwide, a Total of 686 Citizen-initiated By Marc Bühlmann Popular Votes on the National Level were held No other country offers as extensive The Swiss political system com- 42 10 11 participatory and direct democrat- bines these two ideas: the major- in 16 other countries Hungary Latvia ic rights as Switzerland. But that ity of the political work is done 10 11 does not make Switzerland a direct by elected representatives. The Slovenia Lithuania democracy as such. Instead, the eligible voters in turn are bring- 14 popular initiative and ing new issues onto Slovakia referendum are not the political agenda constituent elements (popular initiative) or but make the rep- control the legisla- 21 The Swiss system Uruguay resentative system is a fine-tuned ture by voting on more representative. laws passed by the combination of 409 686 The Swiss sys- representatives (ref- Switzerland 24 two different Popular Votes San Marino tem is a fine-tuned erendum). answers to the between combination of two It is important to note basic political 1900–2022 63 different answers to that the represent- question who Liechtenstein the basic political ative and the par- should rule. question who should ticipatory elements 71 rule. The elitist an- are not directed Italy swer emphasizes the merits of de- against each other but linked in a cisions by political representatives very sophisticated way. It is their Switzerland 409 Taiwan 8 who have the expertise and nec- interplay as checks and balances Italy 71 Palau 6 essary time to decide on complex that guarantees the stability of the Liechtenstein 63 New Zealand 5 political questions. Swiss political system. San Marino 24 Micronesia and Ukraine—each 4 8 Uruguay 21 Bulgaria 3 According to the participatory Slovakia 14 Germany 2 answer, political decisions made Lithuania 11 Netherlands 2 by all citizens are more legitimate Latvia 11 Philippines, Bolivia, Colombia, Peru, and have a broader argumentative Slovenia 10 Georgia, North Macedonia, Malta, Hungary 10 Croatia—each 1 8 basis. *until end of september 2022 Source: direct-democracy-navigator.org 14 15
Referendums and the Elected Representatives— Optional Mandatory a Successful Combination Referendum Referendum Since the introduction of the op- Not only the small share of op- The optional referendum can be initiated Constitutional amendments and member- tional referendum in 1874, the tional referendums, but also the by collecting 50,000 signatures during ship of international organizations passed a period of 100 days after a law that was by parliament must be put to a popular national parliament has passed high number of accepted man- passed by parliament is published. In vote. These laws pass only when the major- more than 3400 laws. Only 205 of datory referendums seems to in- this case, it is decided at the ballot box ity of the people as well as the majority of them have been questioned by dicate a high degree of agree- whether the parliamentary decision should the cantons agree. referendum (6%). Of these ref- ment between citizens and stand or not. erendums, 88 were successful. representatives: In only about The mandatory referendum exists since Thus, more than 97% of all de- one-fourth of the 198 mandatory The optional referendum was introduced in 1848. Between then and mid-2022, a total 1874. Between then and mid-2022, a total of 198 were voted on, of which 148 were cisions taken by the represent- referendums voted on, the ma- of 205 were voted on, of which 86 were successful (75%), meaning the people and atives are legitimized directly jority of citizens hold a different successful (42%), meaning they repealed the cantons ratified them. (unsuccessful referendum) or opinion from parliament. But the law. indirectly (no demand for a ref- what happens if the integra- erendum) by the citizens entitled tion of important forces is not to vote. Paradoxically, the option- successful? After all, there have al referendum—although used been 86 optional and 50 man- successful veto disagree so rarely—is partly responsible datory referendums in the last law passed agree for this high success rate. Because nearly 150 years in which par- 70 the optional referendum hangs liamentary decisions have been over each legislative process like rejected by the Swiss population 60 60 the sword of Damocles, the rep- with voting rights (until 1971 only 50 50 resentatives make every effort to by the male citizens). include the important interests that Here the interplay between direct 40 40 could take part in a referendum in a and indirect democracy is nicely 30 30 legislative decision. Sometimes the demonstrated. With the rejection at 20 20 mere threat by a party or a group the ballot box, the citizens play the to start a referendum leads to their ball back to parliament. A “No” vote 10 10 interests being taken into account. does not usually mean a shamble, 0 0 The low number of referendums but rather a mandate to the au- 18 19 19 19 19 18 18 19 19 19 19 20 19 19 20 suggests that this inclusion is suc- thorities to rethink the proposed 74 01 21 41 61 48 74 81 01 21 41 61 81 01 01 –1 –1 –1 –1 –1 –1 –1 –1 –1 –2 –2 –2 –1 –1 –2 cessful in most cases. reform—also with the help of an 90 92 94 96 98 87 90 00 92 94 96 98 00 02 02 0 0 0 0 0 3 0 0 0 0 0 0 0 1 1 16 17
Popular Initiatives— Valves and Negotiations Popular Initiative interpretation of the arguments dis- The ongoing interplay between popular vote but not the majority of Citizens have the possibility to cussed during the voting campaign. indirect and direct-democratic el- cantons—and failed. propose an amendment to the con- Although this means a lot of ex- ements in the sense of cooperation Furthermore, the fact that only stitution. This proposition is voted on when 100,000 citizens support a tra work for government and par- and interaction between represent- 11 percent of popular initiatives were formulated text and their signatures liament, a revised law with which atives and citizens, is even more accepted once again suggests that are collected within 18 months. A a large majority of citizens agree, evident when we look at the insti- there is no great divide between popular initiative is adopted when gains legitimacy. tution of the popular initiative. the representatives and the people. the majority of the people as well as Citizens in most democracies The real idea of the popular in- This is especially true because par- the majority of the cantons agree. are calling for more participatory itiative is that minorities can bring liament itself had recommended The popular initiative exists since and direct democracy. One argu- issues that are important to them six of the 25 successful initiatives 1891. Between then and mid 2022, ment is the fear that there is a grow- into the political arena. Normally, to be adopted. Moreover, this 11 a total of 228 were voted on, of ing gap between representatives these are issues that are—from percent only refers to the 228 pop- which 25 were successful (11%), and citizens, because parliamen- the perspective of these minori- ular initiatives that have been voted meaning they were adopted by the tarians have allegedly lost touch ties—not sufficiently or not at all on since 1891. If we take the total people and the cantons. with the population and no longer considered by the parliamentarian of about 350 initiatives that were know where the shoe pinches. The majority. The initiative committees submitted, the 25 successful ones adopted rather few cases in which citizens therefore hope that citizens will correspond to 7 percent only. This declined disagree with the parliament in evaluate their issues more favora- percentage would fall even fur- 100 Switzerland are an indication that a bly than the parliament and anchor ther if those initiatives that failed 80 combination of direct and indirect their concerns in the constitution. to pass the signature hurdle were democratic elements strengthen A glance at the sheer numbers also included in the bill. Approxi- 60 the representative quality of the seems to suggest at first that popu- mately one in three of the initiatives system and can bridge this gap. lar initiatives are a weak instrument launched do not take off at all. 40 and that direct democracy does not This does not mean, however, have the expected significance: out that the popular initiative has no 20 of 228 popular initiatives voted on effect. On the contrary, the various 0 since 1891, only 25 were accepted at indirect effects attributable to the 18 19 19 19 19 19 20 the ballot box. complex interplay between rep- 91 01 21 41 61 81 01 –1 –1 –1 –1 –1 –2 –2 Two times—in 1955 and 2020— resentative and participatory ele- 90 92 94 96 98 00 02 0 0 0 0 0 0 1 an initiative got a majority of the ments are very impressive. 18 19
Negotiation and Integration Counterproposal—Direct and Indirect Like the optional referendum, the the final decision to the people’s Counterproposal Initiative Counterproposal Initiative popular initiative can have an inclu- vote. If declared valid, an initiative adopted adopted refused refused sive effect. If an important interest must be discussed by the parlia- group or a party announces that ment. Usually, the final decision is it considers launching a popular a recommendation to the citizens 30 30 initiative on a particular issue, this to reject the initiative. However, 25 issue may become more important normally at least a part of the par- 20 20 in parliament. More often, howev- liament supports the idea of the 15 er, initiatives are used to make de- initiative. 10 10 mands that are not heard at all in This often leads to lively parlia- 5 parliament. mentary debates in which numer- 00 If an initiative committee has ous pros and cons are exchanged, voted at the same time with initiative successfully collected the neces- which, thanks to media coverage, voted without initiative sary signatures, its request goes can also mobilize and expand pub- to parliament, where the matter is lic debate. discussed. The parliament is not The parliament has the option allowed to change the proposal but of formulating a so-called counter- has various possibilities to react to it. proposal. In this case, a majority in The parliament can declare the parliament at least shares the in- The parliament can propose an alternative to If the initiative committee does not with- initiative invalid if, for example, it tention of the popular initiative idea a submitted popular initiative. draw its initiative, the direct counter- proposal as well as the initiative are put to infringes upon mandatory provi- but turns it into a less extreme or The direct counterproposal is a proposition the vote. sions of international law. So, it is more practicable demand. This in- of a different amendment to the constitution parliament that decides whether an strument can also be used for stra- whereas the indirect counterproposal is the Since 1987, a third question—whether initiative is valid or not, not a court. tegic reasons when the parliament proposition of a law or law amendment, i.e. voters prefer the initiative or the counter- This deliberately political rather wants to take the wind out of a pop- a non-constitutional amendment. proposal—decides in case both are approved than legal process has resulted in ular demand’s sails. This shows how at the ballot box. Before 1987 voting "Yes" If the initiative committee withdraws its on both the initiative and the counterpro- only four initiatives being declared the indirect and direct elements of initiative, the direct counterproposal will posal was not allowed. invalid. In controversial cases, the modern representative democracy be voted on or the indirect counterproposal parliament usually decides “in du- work together. comes into force, as long as there is not Since 1891, 42 direct counterproposals have bio pro populo”, meaning it leaves enough support for an optional referendum. been voted on, 26 were accepted (62%). 20 21
Valve Switzerland without an Army To be clear, the majority of all in- cally bypassing parliament. A wel- popular initiatives in Switzerland, itiatives submitted are rejected by come side effect is that this chan- there are numerous examples of the parliament without a counter- neled and institutionalized way of how a demand first constitutes a proposal and voted on unchanged letting off steam should lead to a breach of taboo, the correspond- at the ballot box. And lasting pacification ing initiative is rejected at the bal- in the vast majority of of political dissatis- lot box by a large majority, but the cases, these popular faction. topic is then repeatedly discussed initiatives do not find This is especially true and society becomes more open to a majority in the vot- because the author- it, and finally, after the necessary ing population either. Institutionalized ities are obliged to period of time, it is incorporated Does this mean that organization of deal with the frus- into legislation. popular initiatives are political frus- tration that is packed This can also be called the In Switzerland, military service only effective if they tration is one into an initiative, take catalyst function of the popular is compulsory for male Swiss are at least partially of the reasons it seriously and argue initiative. In these cases, too, it is citizens. supported by parlia- why mass against it. important that these demands are ment? demonstrations This institutionalized not simply ridiculed but must be The armed forces were considered Not necessarily, and, above all, organization of polit- treated seriously by the political a “sacred cow” in Switzerland since the Second World War and for at least two rea- violent political ical frustration is one elite in an institutionally secured during the Cold War. sons arising from the actions hardly of the reasons why manner. so-called valve func- ever take place mass demonstrations While both the release of frus- Slaughtering this cow was the aim tion of an initiative. in Switzerland. and, above all, violent tration and the breaking of taboos of the initiative for a Switzerland First, a popular political actions hard- have no direct effect in the sense without an army. initiative can help to ly ever take place in of a changed law, they do initiate Although the initiative was reduce political frus- Switzerland. discussions in an institutionalized rejected in November 1989, the tration. A minority that receives Second, a popular initiative can manner that may, over time, lead surprisingly high 35.6% vote in little or no attention in the parlia- break taboos. Often it is an to social changes and political re- favor opened the door to very mentary arena for an issue that is avant-garde minority that brings forms. comprehensive army and security important to them can try to get it a completely new topic onto the policy reforms in Switzerland. directly from the electorate, practi- political agenda. In the history of 22 23
The Minaret Ban Direct Democracy and Party Success Popular initiatives can thus help to A welcome effect for political par- deal more seriously with emotion- ties when launching, submitting ally charged political issues in the and discussing an initiative during long term. a voting campaign is that media What is crucial is that it is not attention normally increases. Thus, up to the elected representatives especially before upcoming elec- to decide what is important and tions, the parties hope to achieve Between 1990 and 2011, the Swiss what is being negotiated. If a mat- an advertizing effect by activating People’s Party (SVP) more than doubled its voter share. ter passes the signature hurdle, it direct-democratic instruments. is considered important—regard- On the other hand, however, This is also due to its transformation less of which political minority this also helps voters because it from a conservative to a conserva- has put it forward. In this case this shows them what the central con- tive-populist party, which is illus- means that taboos and frustration cerns of a party standing for elec- trated by their use of popular votes cannot simply be ignored but must tion are. initiated by citizens initiatives. be debated. Numerous popular initiatives of The minaret initiative to ban the the SVP were accompanied by con- construction of new minarets in the Canvassing troversial campaigns in which the federal constitution was adopted party’s logo was always visible. in November 2009 with 57.5% of The third effect of the popular initi- yes-votes. The party has both gained in ative, which can also provide a link presence and integrated into the The result was interpreted as between participatory democratic representative system by using reaction to the terrorist attacks and indirect arenas, is the role in direct democratic tools. in the USA and Europe and gave canvassing ahead of an election. islamophobic sentiment a vent. Often, it is a political party that not only wants to use an initiative While the ban remains in effect the to make itself heard in parliament public dialogue between Muslim associations and other parts of the on an issue that is important to it, Swiss public has been strengthened. but also to be remembered by its voters. 24 25
The Long Road to Maternity Leave The Implementation of Accepted Popular Initiatives—the Interplay Goes On As mentioned, 25 popular initia- initiative. The idea is that a body tives so far have been approved representing the population—the at the ballot box. It is important parliament—should discuss and to note that the interplay between decide what the voters might have direct and indirect democracy in meant. the representative system does not The sovereignty of definition end at this stage. An accepted pop- is deliberately not left to the initi- ular initiative “merely” represents ative committee, even though the a constitutional amendment. For committee often does not agree an adopted popular initiative to be with the dilution of its goals: It effective, it must be specified and was not the committee that voted, implemented in a law. And this is but the entire electorate. It should where parliament comes into play be noted, however, that the imple- again. mentation of the initiative at the Along with considerations on legislative level, as proposed by how to best combine the new regu- Parliament, can again be revoked lations with existing laws, the par- by an optional referendum. liament has to interpret the simple Again, the interplay between “Yes” to the initiative at the ballot direct and indirect democracy is box. a never-ending story in a modern It took no less than 60 years and almost 20 of the constitution. In 1974, 1984, 1987, Which arguments were impor- representative democracy like the attempts before a maternity insurance was and 1999 different propositions did not tant during the voting campaign? Swiss one. legally regulated in Switzerland. find support from the people. Also, the Should the arguments of the No- numerous proposals in the parliament did minority also be taken into account? In fact, in 1945, a direct counterproposal not find a majority for decades. Only in Such an implementation pro- was adopted by a majority of 76.3 percent 2020, a paternity leave of two weeks was cess can sometimes take a long and the creation of a maternity insurance adopted by 60 percent of the voters. In was enshrined in the constitution. But only an international comparison Switzerland time and often leads to a signif- in 2004,—60 years later—did the citizens lags quite behind in terms of parental leave. icant curtailment of the original adopt a law implementing the idea objectives of the adopted popular 26 27
Why Do the Swiss Trust their National Government? The institutionalized and dy- sense, direct democracy even forces initiative makes it much easier Although participation as such namic balance between elected institutionalized integration of frus- to accept it for the time being. In may not make people happier, it representatives and eligible tration, which can be recognized such a fine-tuned representative has a significant impact on satis- citizens in the Swiss political early and must be taken seriously. democracy we find “humble win- faction with the political system system have two mayor effects: ners” and “happy losers”. and trust in institutions and polit- integration and legitimation. Legitimation Of course, the possibility of be- ical actors. By international com- ing able to influence political deci- parison, the political trust of Swiss Integration The feeling of being able to make sions directly not only increases the citizens is very high. a difference or at least being tak- legitimacy of a specific decision, Integration means that demands en seriously by political decision but of the entire political system as Economic Impacts from outside the representative makers is a central prerequisite such. institutions can enter the political for granting legitimacy to politi- There is further empirical evidence arena more easily thanks to the cal decisions. The inclusion of as Impact on Society that the referendum in particu- direct democratic elements. Thus, many interests as possible in a de- lar has a braking effect. Although political minorities that usually cision also makes it more widely This higher level of legitimacy has the referendum is accompanied have very limited access to po- accepted. interesting social consequences. by a status quo bias and hinders litical power have institutional- The likelihood of accepting a There is strong evidence that a innovation, it has positive effects ized opportunities to make their decision even if one is not in favor modern participatory represent- on the national budget. Compari- voices heard. Furthermore, the of it and is therefore in a minority ative democracy increases the sons of Swiss cantons suggest that constant threat of a referendum position increases with the num- sense of belonging, because peo- government spending and public forces integration of all important ber of participation possibilities. ple take part in the decision-mak- debt are lower in cantons with a political interests during the deci- Thanks to modern direct democ- ing process together and discuss well-developed financial referen- sion-making process. Finally, the racy—and in contrast to purely different issues when voting. Mod- dum: Where the population has a instruments of direct democracy indirect representative democra- ern direct democracy also increas- say in the budget thanks to direct force the actors of the representa- cies—, depending on the issue, es civil society involvement in the democracy, the actors in the rep- tive institutions to take a stand on each citizen is at least occasionally sense of “social capital”. resentative system appear to have issues that would otherwise not be in the majority. Furthermore, just Studies furthermore indicate greater spending discipline. discussed or at least not discussed knowing that an unpopular deci- that political information and even on a broader scale because of their sion could be questioned by ref- life satisfaction are greater thanks taboo or emotional nature. In this erendum or reformed by popular to the practice of direct democracy. 28 29
Trust in the National Government What Are the Weaknesses of 0% 20% 40% 60% 80% 100% the Swiss Political System? Switzerland Indonesia Luxembourg India In view of all these positive effects higher that in many other countries. Norway the question arises: What are the After all, social changes can usually Netherlands New Zealand weaknesses of today’s Swiss-style only take place slowly and are only Denmark representative democracy? It goes accepted when large majorities Ireland Canada without saying that Switzerland is can be convinced of the change in Germany far from being a perfect political lengthy discussions. The question Finland system. In this context three is- arises, however, as to whether more Portugal South Africa sues are emphasized: efficiency, rapid solutions might not be need- Turkey integration and inclusion. ed to solve complex and, above all, Austria global problems such as health cri- Sweden Costa Rica An Efficient System? sis, migration or climate change. Australia Russia Modern direct democracy has a Belgium Limited Integration Poland price. The more interests are in- Israel volved, the weaker the influence Modern direct democracy forces Czech Republic of the individual actors becomes. the inclusion of all important polit- United Kingdom Estonia Political parties and elected indi- ical interests. Which political inter- Korea viduals that are strong in purely ests are considered “important” re- Hungary Japan representative systems, but also in- mains an open question, however. France stitutions like parliament and gov- The history of Switzerland Iceland ernment, experience more power and the use of direct democracy Slovak Republic Chile competition in Switzerland because show quite impressively that it is Lithuania they have to involve strong associa- considered “important” who can USA tions and the population. This slows credibly threaten with a referen- Mexico Spain down the decision-making process dum. In Swiss political science, it is Colombia which may impact the efficiency of conventional wisdom that Switzer- Slovenia the system. land's transformation from a tra- Italy Latvia At the same time this slowness ditional majoritarian democracy Brazil also has a positive side: the political (with one government party and Greece legitimacy of decisions taken is several opposition parties) to a 30 31
Authors of Referendums and Initiatives people include young people un- Turnout at the der the age of 18, residents without Ballot-Box a Swiss passport, and persons who 60 60 60 60 80 “lack legal capacity due to mental 50 50 70 50 illness or mental incapacity” (Fed- 50 60 eral Constitution of Switzerland, 40 40 40 50 Art. 136, para. 1). Thus, one third of 30 30 40 30 40 the population of Switzerland is still 30 20 20 20 excluded from institutionalized de- 20 30 10 10 10 cision-making. And remember: un- 10 til 1971, when women's suffrage was 00 00 20 finally introduced (see page 12/13), 18 18 19 19 19 19 18 18 19 19 19 19 20 20 20 20 20 only a clear minority of the resident 90 75 92 20 40 70 90 75 92 20 40 70 00 05 10 15 20 –1 –1 –1 –1 –1 –2 –1 –1 –1 –1 –1 –2 population was entitled to vote. 89 91 93 96 98 01 89 91 93 96 98 01 1 9 9 9 9 6 1 9 9 9 9 6 Authors of optional referendums (left) and popular initiatives (right) in % per period This “tyranny of the majority” mean turnout / entitled to vote (as Alexis de Tocqueville warned mean turnout / whole population government party association against the majority principle), or non government party committee rather the tyranny of the eligible voters, is a weighty disadvantage peaceful stability, cohesion, politi- of direct democracy: citizens who cal confidence, and satisfaction in consensus democracy (with a broad relatively expensive, and, thus, not do not have the right to vote can Switzerland. Indeed, if the promise coalition of governing parties) is all minority interests can afford to only poorly defend themselves in of modern democracy is a conver- due to the referendum: Parties go to the ballot box or make them- direct democracy and their inter- sation that never ends, Switzer- that blocked decisions became selves sufficiently heard in the vot- ests face a high risk of being sim- land's participatory political sys- part of the government over time. ing campaign. ply ignored. tem offers ideal conditions, while However, a referendum can only there is still much potential to be be organized by interest groups Inclusion Possible Reforms explored, especially with regard to that have the necessary resources. further expansion of eligibility of In fact, there are very few exam- A further critical feature is inclusion. Thinking of further reforms, young people, residents without a ples of referendums or initiatives While most—around 90%—eligi- it will be important to carefully Swiss passport or people with in- taken by committees that were ble citizens are participating at least preserve the advantages, namely tellectual disabilities. not supported at least by parties once every five years—a significant the integrative and legitimizing or associations. Active direct de- share of the resident population effect of the interplay between mocracy—from collecting signa- remains excluded from having a representation and direct democ- Marc Bühlmann is Director of tures to campaigning for votes—is formal say. This group of excluded racy which contribute greatly to Année Politique Suisse 32 33
SELECTED FACTS AND FIGURES AFTER 175 YEARS OF VOTING IN SWITZERLAND By Hans-Peter Schaub Since 1848, the eligible part of the the set time. Those initiatives were Swiss population has been called thus not put to a vote. to vote on more than 670 proposals In the other cases, the initiators (more than 440 since the introduc- usually content themselves with tion of female suffrage in 1971) on meeting the legal threshold plus the federal level to change a law or some safety margin. The most ac- the constitution. Looking into this curate collecting was done for an rich and diverse history provides us initiative that was voted on in 2008 The 2008 right-wing initiative 1933 poster against lowering with insights on how direct democ- and aimed at installing full local “for democratic naturalizations” state employees’ salaries racy in Switzerland has been func- autonomy on how to organize the was signed by 100,038 citizens tioning. The following paragraphs naturalization of foreigners, which do not aspire to give an overview handed in 100,038 valid signatures, of all the most important develop- i.e. a mere 0.04 percent above the the widespread support for their tures as fast as possible. The all- ments in the history of voting in threshold of 100,000. issue, to build a broad base of sup- time record in this discipline is held Switzerland, but to present some Similarly, an optional referen- porters already in a pre-stage of the by the pacifist initiators of a 1993 selected records, crucial facts and dum against the extension of the campaign, or simply to manifest initiative that aimed at preventing curious cases. transalpine railway network in 1992 their political power. Thus, a coali- the acquisition of new fighter jets. met the threshold of 50,000 by only tion of health insurance companies After a mere 34 days, they handed 51 excess signatures (0.1 percent). In submitted over 390,000 signatures in over 180,000 signatures, which Collecting the Required both cases, the initiators ended up for their initiative for a health reform also makes for a record 5,300 signa- Signatures—or Much More not being supported by a majority in 1985 (almost 4 times the required tures per day. Apart from the mandatory referen- of voters at the ballot box.1 threshold). In 1933, a coalition of After a fierce voting campaign, dums, an issue is put to vote only In contrast, other actors have trade unions collected over 325,000 the initiative was eventually reject- if the required number of signa- overly exceeded the legal require- signatures for a referendum against ed. Nonetheless, the impressive tures are collected. Between 1980 ments. In doing so, they used the lowering state employees’ salaries, demonstration of the antimilita- and 2022, more than 130 popular signature collection to demonstrate i.e. almost 11 times the then-thresh- rists’ mobilizing power was conse- initiatives, including some by large old which at the time was 30,000 quential in that the authorities have political parties, failed to collect the 1 w ww.swissvotes.ch/vote/532.00 signatures. Yet another possibility since put all their air force acquisi- required number of signatures in www.swissvotes.ch/vote/382.00 to excel is by collecting the signa- tion projects to a popular vote. 34 35
Wide Variety of Topics Frequency of Votes by Policy Field, 1848—2022 State organization Popular votes in Switzerland can The picture looks slightly different Social policy touch on any policy area, and in- if we consider popular initiatives Transport & infrastructure Public finance deed eligible voters have been only, excluding mandatory and called to vote on the whole range of optional referendums: Popular ini- Environment Economy Security policy policies. This being said, some pol- tiatives have most frequently dealt Education and research 200 icy areas have been at the center of with social policy (81), state organ- Culture, religion, media Foreign policy Agriculture votes more often than others. ization (64) and environmental 150 Until February 2022 eligible policy (54). voters (up to 1971 only men, see This mirrors the fact that so- page 12/13) have most frequently cial and environmental concerns 100 Energy voted on proposals concerning have often been put on the political state organization (198 votes), so- agenda by organizations who did 50 cial policy (191 votes), economy not get their positions through in and public finance (127 votes each). the representative institutions and 0 who therefore resorted to the direct- 198 191 127 127 100 82 62 58 43 31 29 28 democratic arena. By contrast, issues of state or- ganization and public finance were more often tabled by the authori- Initiatives Referendum ties themselves. State organization 64 State organization 134 Social policy 81 Social policy 110 Public finance 30 Public finance 97 Economy 40 Economy 87 Environment 54 Environment 46 Security policy 29 Security policy 53 Transport & infrastructure 19 Transport & infrastructure 43 Agriculture 15 Agriculture 43 Foreign policy 15 Foreign policy 28 Education and research 10 Education and research 21 Energy 15 Energy 14 Culture, religion, media 6 Culture, religion, media 22 36 37
A Constitutional Amendment to Regulate Cows’ and Goats’ Horns? The general idea of Switzerland’s every now and then called to vote a new monetary system (reject- legislative system is to have citi- on issues that appear curious or ir- ed in 2018) or the initiative for an zens vote on the most important relevant to outside observers. unconditional basic income for questions (constitu- A recent example is every resident (rejected in 2016). tional amendments the so-called “horn- In 1895, (male) voters were and contested laws), cow initiative”: In called to vote on whether the right while parliament and 2018, voters decided to produce matches should be re- government deal with The general idea whether farmers who served to the state. Absurd as this the less important of Switzerland’s abstain from remov- idea may appear from a contem- issues. However, who legislative system ing their cows’ and poraneous viewpoint, the advo- is to decide which is to have citi- goats’ horns should cates of the proposal deemed this issues are important zens vote on the get additional state step necessary in order to ensure given that only four minarets had and which are not? most important subsidies. that the workers in match factories been built in all Switzerland so far. The popular initia- questions (consti- One might think that are decently protected against the However, the initiative sparked tive ensures that as tutional amend- it is absurd to have risks of phosphor. After a fierce a public debate on topics that long as it does not ments and a national vote on voting campaign, the voters de- went far beyond a few edifices, breach mandatory contested laws), such an issue, and cided to reject the state monopoly. touching symbolic and emotional provisions of inter- while parliament indeed the initiative Another initiative whose rel- questions such as intercultural re- national law nor the and government was rejected by the evance was contested was even lations, women’s rights in Islam, or requirements of in- deal with the less majority. However, it adopted by a majority of voters in terrorism. ternal formal and ma- important issues. did not only get over 2009: A popular initiative demand- terial consistency3, 1 million of Yes votes ed to ban the construction of new any question which (45%), but also man- minarets in Switzerland. is backed by a sufficient number aged to stimulate a broad public The opponents of the initiative of signatures is put to a vote. As a discussion about mass livestock not only appealed to the freedom consequence, eligible voters are farming and the dignity of animals. of religion and the core values of an Recent examples with similar ef- open society, but also referred to 3 Federal Constitution of Switzerland, fects are the “sovereign money in- the fact that the practical relevance Art. 139 para. 3. itiative” that aimed at introducing of the initiative was negligible, 38 39
As Close and Clear as it Gets September 2020, a 50.14% majority of voters approved a credit of CHF 6 billion to acquire new fighter jets for the armed forces. On the other side of the spec- trum, the very clearest voting re- sults are less recent. The largest Yes share resulted in 1915. Remark- ably, it signified voters' approval of a new tax. In the context of the rejected First World War, the introduction of accepted a temporary “war tax” did not meet Only 8% of the voters were 50.05% of voters rejected a VAT increase for the pension insurance in 2017, any opposition in parliament nor convinced by this 2015 initiative with a Yes majority in the west of the country and a No majority in the east. by any political party, and 94.3% of for an ecological tax reform the (male) voters said Yes. The history of Swiss votes has Similarly, a wafer-thin majority of Circumstances were less fa- and they did so with a share of seen many close races as well as 50.08% accepted a controversial vorable for an initiative that aimed 97.3% No votes. The same day, they resounding victories. Remarkably, change in the fees for the public at reforming the state subsidies for accepted the counter-proposal. the top three closest votes have broadcast company in 2015, and grain production in 1929. After the In 2015, an initiative that actu- all taken place in the new mil- in 2002 a mere 50.09% defeat- government and the parliament ally had organized support took a lennium. In 2017, a tiny majority ed a popular initiative to heavily had presented a counter-proposal battering that was almost as harsh. of 50.05% voted against raising restrict the access to asylum in to solve the issue, even the initi- The Eco-Liberal Party proposed to the value-added tax to finance Switzerland (a majority of the can- ators preferred the latter and no do away with the value-added tax the pension system. With over 2.5 tons would have approved that longer supported their own initia- and to introduce a tax on energy million votes cast, the margin for initiative). Even more recently, in tive. However, in those days it was consumption instead. The idea was the No side was a mere 2,361 votes not allowed to withdraw an initia- also supported by the Green Par- 4 T o be precise, the tax raise would also which is way less than the number have required a majority of the cantons tive once it had been handed in. It ty, but a mere 8.0% of voters were of invalid ballots (8,000) and empty which was missed more clearly was thus up to the voters to put the ready for such a far-reaching re- ballots (26,000) in that vote.4 (9,5 Yes against 13,5 No). final nail in the initiative’s coffin, modelling of the tax system. 40 41
Developing Rules of the Game Swiss direct democracy has needed the common welfare. However, there was “not only a high probabil- to mature and evolve over time, not since it was the first time in Swiss ity, but certainty” that the initiative only with regard to the possibility to history that an initiative and a coun- had indeed received a majority of withdraw an initiative but even with ter-proposal were put to a vote, the votes.5 regard to things as basic as who is there was no clear understanding The chaos of 1920 had main- entitled to vote (see among the authori- ly been caused by the question of text on pages 12-13) ties on how to count how to proceed with ballots that or how the votes are the votes correctly. contained Yes votes for both the counted. It took more than a initiative and the counter-propos- In the very first year, three recounts al. The government then affirmed nationwide vote of It was not before and several lengthy that such “double Yes” votes were Poster against both the deportation modern Switzerland, 1987 when a decrees by the fed- to be treated as invalid. Any single initiative and the counter-proposal when the new federal more balanced eral government and voter could thus only accept either in 2010: Justice with one Peter and system was one Pedro in the balance, the latter is constitution was put the parliament until of the proposals or reject both of additionally weighted down. to a vote in 1848, one introduced that the government fi- them, but not approve both of them. canton simply count- correctly mirrors nally determined the Whenever the parliament decided ed all absentees as the voters’ result. to devise a counter-proposal, the introduced that correctly mirrored Yes votes. preferences. It declared the in- status quo had thus a systematic the voters’ preferences. A “double In 1920, the (then A “double Yes” is itiative to have been advantage against any reform. This Yes” is now possible, and the voters only male) voters now possible. accepted while the disadvantage was probably deci- are asked in an additional tie-break- could choose be- counter-proposal was sive in defeating reforms for health er question which option they pre- tween, on the one rejected. The govern- insurance, protection of tenants and fer if both options get a Yes majority. hand, a popular initi- ment had to concede public cultural funding in the 1970s Since 1987, there have been ative that demanded a general ban that the exact numbers of Yes and and 1980s.6 It was not before 1987 three votes about initiatives and on commercial gambling, and, on No votes could not be established when a more balanced system was counter-proposals, but in none of the other hand, a counter-proposal anymore since some local author- these cases was the tie-breaker 5 ww.swissvotes.ch/vote/82.10 w by the parliament that wanted to ities had meanwhile destroyed a 6 w ww.swissvotes.ch/vote/245.10 question of practical importance allow gambling as long as it served part of the ballots. Nevertheless, www.swissvotes.ch/vote/270.10 because there was no double Yes charitable objectives and respected the government was confident that www.swissvotes.ch/vote/339.10 majority. 42 43
Refusing Additional Holidays One would expect that the vast vote even without a counter-pro- Campaigners there- majority of people would happily posal. The voting results proved fore need to convince accept if they are given the choice they were right.7 a majority that their to grant themselves more holi- These examples impressively position corresponds days. Swiss voters, however, ap- illustrate that direct democracy in to the common interest. As for the ing Switzerland’s peculiar political pear to be different. Switzerland is more example of the holiday initiatives, system. But their workings and their Both in 1985 and in than just asking vot- post-vote polls showed that most impacts within the complex system 2012, over 65% vot- ers about their in- voters were convinced by the op- of indirect and direct democratic ers declined popular dividual short-term ponents’ argument that additional elements have been much more initiatives by trade Direct-democratic preferences. Rather, holidays would be too expensive complex, intricate and richer than unions that demand- instruments voters do consider for enterprises, particularly for one might assume at first thought. ed more holidays. In have been an the common good small ones. According to this argu- 1985, the initiators important factor (or what they believe ment, longer holidays would hurt All the more they are worth a wanted to raise the in Swiss politics it to be) when they the economy and thus also conflict closer look! then legal minimum ever since their make up their minds. with employees’ own long-term of 2 weeks holidays introduction, and Votes about tenants’ interests. per year to 4 weeks they have had issues are another More broadly speaking, expe- Hans-Peter Schaub is for younger employ- far-reaching case in point: Even rience has shown that both fears Project Director of Swissvotes ees and to 5 weeks for consequences. though a clear ma- and hopes of the 19th century that older employees. In jority of Swiss are introducing direct-democratic in- order to tackle the in- tenants rather than struments in Switzerland would itiative, Parliament agreed to grant houseowners, several initiatives mean a break-through for specific 4 weeks of holidays to everybody. to strengthen tenants’ rights have interests were greatly exaggerated. That minimum of 4 weeks was still failed. Direct-democratic instruments in force in 2012 when the next initi- have been an important factor ative demanded a raise to 6 weeks in Swiss politics ever since their per year. This time, authorities 7 w ww.swissvotes.ch/vote/329.00 introduction, and they have had were confident enough to win the www. swissvotes.ch/vote/557.00 far-reaching consequences in shap- 44 45
2022 GLOBAL FORUM ON MODERN DIRECT DEMOCRACY 21-25 September - Lucerne, Switzerland Your online tool to upcoming popular and Italian. SWI offers continues Welcome to Join in Person and tools like the Navigator to Di- votes with real-time result reporting reports, insights and opinions On-Site and Digitally Online rect Democracy, the Magna Charta on decision days. Upcoming nation- around all ongoing, upcoming and on Democracy Cities, the series of wide ballots are scheduled in 2022 past initiatives, referendums, recalls The Global Forum is the premier Democracy Passports and the vital for September 25 and November 27. and elections in Switzerland. As a In 2023 Swiss voters will be able to unique feature SWI swissinfo.ch world conference on participatory online hub, www.democracy.com- make decisions on March 23, June hosts transnational ten-language and direct-democratic procedures munity. 18, October 22 (elections to the fed- public debates. and practices around the world. The next and 10th Global Fo- eral parliament) and November 26. It has convened ten times: Aarau/ rum on Modern Direct Democracy The App also offers popular Switzerland in 2008, Seoul/Korea is taking place in September 2022 vote archives for all nationwide and in 2009, San Francisco/USA in 2010, (21–25) in Lucerne/Switzerland and most state-wide (cantonal) votes in Switzerland—in some cases back to Montevideo/Uruguay in 2012, Tunis/ will focus on the challenges and 1831. Vote Info is provided by the Easyvote, an offer from the Federation Tunisia in 2015, San Sebastian/ opportunities of active citizenship Federal Chancellery and the Federal of Swiss Youth parliaments, explains Spain in 2016, Rome/Italy in 2018, and direct democracy in times of Statistical Office. All information is Swiss politics in an easy-to-under- Taichung/Taipei/Taiwan in 2019, global crisis on peace, health and available in German, French, Italian stand and politically neutral way. online (during the pandemic) in climate. Key themes of the 2022 and Romansh. VoteInfo for Android According to the motto “from the 2020 and in Lucerne/Switzerland Forum include the struggle to pro- and iOS youth for the youth” the information platform enables young people to in 2022. tect democracy, supporting youth get involved in politics, without prior The Forum gathers people, power, fighting climate change and knowledge. from all walks of life, whose work enabling democratic digitalization. Easyvote prepares young people and activism involve direct citi- In 2023 the Forum is sched- Swissinfo is the international service for the voting-Sundays with 3-minute zen participation in political deci- uled to take place in Mexico City of the public-service Swiss Broad- explanatory clips and useful back- sion-making. The Forum is coor- on March 1-4, where the role of casting Company. Since 2015 SWI ground information on all national swissinfo.ch runs a “Global Demo- votes. With a comprehensive politi- dinated and supported by partners electoral management bodies cracy Beat” covering participatory cal dictionary, topic dossiers on from around the world—including and development of participatory and direct democratic stories in Switzer- the Swiss political system, teaching the Swiss Democracy Foundation, and direct democratic procedures land, Europe and around the world materials and the votenow-app, Democracy International and Ari- at all political levels will be main in ten languages: English, Chinese, easyvote provides comprehensive zona State University as well as lo- themes. Arabic, Spanish, Russian, Portuguese, information and supports young cal, regional, national and interna- French, German, Japanese adults in forming their opinions. tional governmental organizations. 2022globalforum.com The Forum supports many projects 2023.globalforum.com 46 47
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