Banning racist and discriminatory symbols is always up for debate. But so far the request has always failed. Probably also because the effectiveness of a ban is disputed. An expert warned on Friday that prohibitions could, among other things, give a false sense of security.
But now there is movement. Based on two initiatives, the Legal Committee of the National Council has come to the conclusion that action is required. She “thinks it is necessary to act more forcefully against the use and dissemination of Nazi symbols,” the press release said.
There must be a special law
She proposes a special law so that violations of the ban can be punished. By 12 votes to 11, she was in favor of a corresponding Commission initiative.
In doing so, she opposes the position of the Bundesrat. Last year he spoke out against a general ban on Nazi symbolism in public and recommended rejecting a corresponding demand from Central National Councilor Marianne Binder-Keller (64). Because: According to the Federal Council, prevention is a better antidote than punishment.
Nazi symbols only punishable for advertising purposes
So far, such symbols have been banned only to promote an inhuman ideology. But that means that, for example, a Hitler salute can go unpunished.
For example, when the Hitler salute was shown several times during an event organized by the party of nationally oriented Swiss (Pnos) on the Rütli in 2010, the Federal Supreme Court ruled against a fine because it was not propaganda aimed at third parties.
The military judiciary also saw no criminal offense in several cases when an officer of the Swisscoy force in Kosovo showed Nazi gestures in 2017. Only in 2021 did the Military Court of Cassation rule that the offense of racial discrimination had been met.
General ban demanded
Such gray areas should no longer exist in the future. Two initiatives formed the impetus for the proposal for special legislation: one by SP National Councilor Angelo Barrile (46) and one by SP National Councilor Gabriela Suter (50). Both advocate a blanket ban on racially discriminatory symbols.
But while both proposals are very similar, only Barrile’s was approved by a vote of 12 to 11. Because this could be implemented with such special legislation.
The problem with the list
However, such a special law would also have disadvantages. It would contain an exhaustive list of prohibited symbols, such as certain Nazi symbols.
“The limitation to a particular ideology is problematic for my sense of justice. It cannot be that Nazi symbols are banned, but those of the Ku Klux Klan, for example, may continue to be used in public,” says Suter.
In addition: A list of banned Nazi symbols leads to the problem that other ideological symbols that are not on the list can be used instead. Suter therefore demands that the criminal law, which is already in force when propaganda purposes are pursued, should at least be expanded.
“It is better to take the first step than not to move at all”
She will still support the Commission’s proposal, says Suter: “Better to take a first step than no movement at all.” But she fears that Nazi symbols will simply be banned, if at all, without the next step being to include other inhumane and discriminatory symbols.
Which solution comes into play is not yet set in stone. The decision of the National Council Committee was very close. Her proposal was rejected by 11 votes to 10 with one abstention. “From my point of view, the outcome in the Committee of the Council of States and in the Council is completely open,” Suter said.