International treaties before the people!

Direct democracy has also to be strengthened in foreign policy matters

by Dr phil. René Roca

The people’s initiative “ To strengthen the peoples’ rights in foreign policy (International treaties before the people!)”, which will be voted on 17 June, has been submitted by the non-party Action for an Independent and Neutral Switzerland (AUNS). It is a reasonable and important further development of Swiss direct democracy and enlarges the involvement of the people in foreign policy.

“One can act in the interest of Switzerland
only when being backed up by the voting people!”

What are the state treaties the Swiss population can already vote on by means of a mandatory referendum? So far only “the accession to organizations for collective security or to supranational communities” (Federal Constitution, art. 140 exp. 1 bst. b) is subject to a mandatory referendum. Further agreements under international law are subject to an optional referendum, i.e., if within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight Cantons request it, it shall be submitted to a vote of the people. Proposals that are submitted to the vote of the people are accepted if a majority of those who vote approve them. However, even as far as treaties are concerned that are actually subject to the optional referendum, juristic dodges aim at weakening the people as a sovereign or to even bypass them.

The people’s initiative “International treaties before the people!” is now breaking ground for a rearrangement of foreign policy. It intends to extend the mandatory referendum on international treaties and change the Federal Constitution as follows:

“Art. 140 exp. 1 (existing), d (new)

The following must be put to the vote of the people and the cantons:

d. the treaties under international law which:

1. bring about a multilateral legal standardization within important ranges.

2. oblige Switzerland to transfer future legal regulations in important ranges.

3. transfer legal competences in important ranges to foreign or international institutions.

4. entail new unique expenditures of more than 1 billion francs or new recurring expenditures of more than 100 million francs.”

Which factual documents or which international treaties should be submitted to a mandatory referendum in the future? Of course, all further bilateral treaties with the European Union (EU), thus the future adoption of EU law; furthermore the imposition to subject Switzerland to EU jurisdiction or the plan to regulate further bilateral treaties by means of framework agreement. In addition, in the future the sovereign should also automatically vote on the billion payments to the International Monetary Fund (IMF). The final word has also to be spoken by the citizen when it comes to agreements on education with the European Union, as for example concluded by the Federal Councillor Burkhalter in January 2010. Especially in this sector the citizen may not be deceived.

The parliament, performing good factual policy for the country’s benefit, could always abstain from a popular vote on less important issues. However, the pressure on government and parliament for submitting a treaty to the obligatory referendum would decisively increase in cases of really important issues. This way, foreign policy goals and planned connections of Switzerland are made publicly transparent and can be discussed. Thus, in the future, the sovereign will be guaranteed that treaties are not negotiated and settled in back rooms, under exclusion of the public. Thus the public principle, one of the central basic principles in a direct democracy, is respected more and the morals of the politicians are strengthened because they have to lay their plans honestly on the table.

Re-strengthen the cantons

If the initiative is accepted, not only the very complex collecting of votes for an optional referendum will become unnecessary in cases of important conventions, but the position of the cantons will also be strengthened.

According to the Federal Constitution, the cantons together with the people constitute the sovereign, thus the highest decision maker. The importance of the cantons, however, is completely negated with an optional referendum, since only the people’s majority counts. With a mandatory referendum, however, the so-called double majority counts. The cantonal majority was included in the Federal Constitution in 1848, in order to provide a sustainable basis for federalism in Switzerland. The Swiss federalism was additionally strengthened by the founding fathers when they put through the cantonal council as an equal second chamber of the parliament as well as the cantonal sovereignty of schools and the church. This federal basis has to be strengthened again today.

We had to realize lately that certain political circles in Switzerland are only acting according to the principle “global – local” and are increasingly negating the nation state and the cantonal level.

To strengthen the credibility of the Swiss foreign policy

The Federal Council argues, the initiative of “International treaties before the people!” would make international cooperation more difficult and could unfavorably affect Switzerland and its economics. The opposite will be the case! Voting “yes” to the initiative will strengthen the credibility of Swiss foreign policy. The initiative committee holds an apt sentence out to the arguments of the Federal Council: “One can act in the interest of Switzerland only when being backed up by the voting people!”

The Federal Council moreover argues that in case of acceptance of the initiative the people would be called to the ballot box too often. They assume that this might overstrain the voting population who does not understand the complexity of negotiations with regard to foreign policy. Such arguments have always been stated, when it comes to introducing more direct democracy in Switzerland. During the 19th century rural people’s movements had to screw any say out of the then political elites most arduously. Already at that time mainly liberal circles warned of a “mob rule”. These circles tempted fate concerning the economic development of Switzerland, if the cantons and the federation introduced the direct democracy. Nevertheless people’s movements were able to establish the direct democratic instruments of initiative and referendum in all cantons and also on federal level in the course of long political fights. It was in fact by the help of direct democracy that Switzerland could establish a very successful economic model in the course of the 19th century.

A third step in the referendum on international treaties

The first bill, which concerned treaties, had also to be implemented by an initiative in 1921. The initiative wanted to assign unlimited and non-redeemable treaties to the referendum which was clearly accepted by a majority of 71.3% votes in favor. Since then the referendum on treaties was twice enlarged, namely in the years 1977 and 2003. Now another step has become necessary with the initiative “International treaties before the people!” with the specific enlargement of the mandatory referendum in case of foreign contracts (treaties).

The initiative strengthens the national sovereignty of Switzerland. Swiss electorate is able to act with regard to foreign policy only if they have a say with treaties. Our proven political culture includes an open and honest discussion about all plans on how to co-operate with foreign countries. Certain political circles, who want to adopt foreign legislation and its development in treaties (thus legislation, which they do not know at all yet), are reminded of the following: In the first Federal Charter of 1291 the Swiss decided “to defend themselves seeing the malice of the age”: “… in common council and by unanimous consent, that we will accept or receive no judge in the aforesaid valleys, who shall have obtained his office for any price, or for money in any way whatever, or one who shall not be a native or a resident with us”.

This so-called “judge article” points out well to what is at stake today. Without democratic participation, Switzerland may not conclude international treaties which will submit the country to foreign legislation and to foreign judges. We must clearly refuse being bound to the crumbling European Union and to other international big entities. Instead, Switzerland must finally leave the way of servitude and – referring to the Federal Chapter – must strengthen the original confederation and act as a self-confident sovereign country. The initiative of “Internatioanl treaties before the people!” hence provides an important contribution. •