No 7, 2002

Currently signatures are being collected in Switzerland against the new military law (Army XXI) and the new civil defence law. What is this about?

The committees for the referendum want a militia army capable of defending the country on its own, and a civil defence able to deal with the potential threats of today. They are convinced the new Army XXI and civil defence XXI cannot fulfill these requirements and would therefore like the people of Switzerland to review these laws by making use of the referendum.

The Army should not be a NATO module

According to the Army XXI concept the army is to be reduced to 120,000 soldiers and 80,000 reserves. This massive reduction and the substantial lowering of the age of those doing military service to 30 years is a parallel development with the newcomers to NATO who belong to the Partnership for Peace Alliance (PfP). What this clearly signals is that the Swiss army XXI will become a NATO module just like the armies of the other PfP member states. NATO inter-operability is to be practiced and introduced with regard to troop structures, equipment, communication and training. The size and concept of the planned Army XXI no longer affords the independent defence of our country - only in tandem with NATO. Thus national defence will only be possible in collaboration with foreign armies. Neutrality is being coldly discarded. It is certainly not the right moment to relinquish control of the most crucial instrument of power the country possesses.

No wars jointly with NATO

The idea of conducting a war jointly with NATO - which so far has only been involved in acts of military aggression - became inconceivable after the campaign in Afghanistan, in which 'Partners for Peace' (PfP) conducted a war of aggression. And does not the leader of Partners for Peace wish to secure peace in Iraq by attacking the country. The involvement of our army abroad would become a military habit and the Swiss model of peace with its humanitarian foreign policy will be ultimately fully replaced by a NATO allegiance.

Direct Democracy at risk

The Army XXI model also harbors a threat to the direct democracy practiced in Switzerland. A critical reading of the suggested changes to military law shows that decisive issues are not really addressed but will be channeled down to directives. Thus referendums can be avoided and important decisions withheld from the people.

The Federal constitution states: 'Switzerland has an army. This, in principle, is organized as a militia.' The question is, of course, how the dangerous term 'in principle' should be interpreted. The planned Army XXI is on its way from a militia army to becoming a professional army. According to the constitution, every Swiss man is obliged to do military service. What this obligation actually amounts to was demonstrated by the situation in 2001. Of 33,500 eligible recruits only 22,200 were taken, which is a mere two thirds of those available. The collapse of the militia idea must be prevented, the dismantling of military service brought to a halt.

Civil defence must be prepared for current threats

The new civil defence law XXI also constitutes a massive reduction in former standards. The current number of 270,000 persons will be lowered to 105,000, and the special fire and ambulance services attached to the civil defence organisation will be entirely disbanded. Current threats like terror and migration and their consequences are considered unlikely. This does not relate to the world we live in today. Should we, nevertheless, be confronted with a real threat - of whatever nature - Berne expects to have 5-10 years advance warning: apparently enough time to build up a functioning civil defence capable to dealing with that threat! They are simply ignoring the fact that migration and terror could be a threat for our population and that biological, chemical and even atomic one-man weapons are available 'on the market' and that their effects could be devastating and cover very large areas. Our population needs effective protection against the multiple threats we face today and will continue to face in the future.

The people must have their say

The people of our country must have the final word in deciding on the fundamental changes planned for our security policy, changes more fundamental than any change since the military decree of 1961/62.

The Referendum - A Constituent of Direct Democracy

ts. In contrast to all the representative forms of democracy in most western countries and increasingly in eastern countries as well, the direct form of democracy in Switzerland grants the people influence on a much higher level. Instead of just voting every four years for the representatives in parliament, which is the opportunity a representative democracy provides its voters with, the Swiss sovereign, the people eligible to vote, has the right to call a referendum or the so-called popular initiative (petition for a referendum). In the case of a popular initiative interested citizens can put forward an amendment to the constitution which then has to be put to the people and the cantons for a vote. For a popular initiative to be valid 100,000 certified signatures must be collected within a period of 18 months.

The referendum, however, is the later decision of the voters about a decree of an authority. There are two forms of referendum: the compulsory referendum and the optional one.

The compulsory referendum has to be put to the people. On a federal level it concerns partial or complete revision of the federal constitution, as well as urgent and generally binding limited ordinances on the federal level without constitutional foundation if they are to be valid longer than one year, or if they concern the entry to collective security organisations such as NATO or supra-national organisations such as the UN.

The optional referendum on a federal level only takes place if 50,000 voters' signatures have been gathered or if 8 cantons demand it within a 90-day period after its publication in the official paper of the Swiss Federal Council. The optional referendum concerns federal laws as well as generally binding federal ordinances, as well as urgent generally binding and limited federal ordinances with constitutional foundations and treaties on international law that are limited and irrevocable or plan the entry into an international organisation or lead to a multilateral standardisation of laws.

In his article, Jon Andri Tgetgel discusses a double referendum which is a facultative referendum against two laws passed by the Swiss Federal Council.