Emma Thomasson: Results can be controversial but public polls have value

THE furore over Swiss votes curbing the rights of Muslims and foreigners should not put off governments testing the usefulness of referendums which can strengthen social cohesion and consensus.

Switzerland caught the world's attention again on Sunday when it voted for the automatic expulsion of foreigners who have committed crimes, sparking violent protests a year after a referendum banned the building of new minarets.

Both initiatives, driven by the right-wing Swiss People's Party, could fall foul of European anti-discrimination law, prompting criticism that populist campaigns are hijacking referendums and threatening the country's reputation.

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They also coincide with efforts by the European Union to introduce citizens' initiatives next year amid widespread public anxiety over immigration.

"We must protect direct democracy from the tyranny of the majority," said Social Democrat Andreas Gross, who opposed both initiatives and is campaigning to prevent future Swiss votes on plans which could infringe human rights or international law.

But Swiss foreign minister Micheline Calmy-Rey said the EU should not be put off by the risks of populist campaigns as direct democracy forced rulers to get closer to the people.

"Everybody plays a role in the state and can't detach themselves. The state isn't others. The state is us," she said in a speech this month in Brussels.

Even the vote to ban new minarets last year, which the Swiss government campaigned against, had value, she said.

"Its acceptance forced Swiss politicians to actively confront the worries and fears of the population."

A Bern University study showed that 58 per cent of Swiss votes in the last 50 years relevant to minorities were actually in favour of the rights of minorities.

"There is little evidence for a 'tyranny of the masses' here, as Switzerland … is built on the very idea of unity in diversity," said Bianca Rousselot, a Bern University researcher.

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However, the study showed minorities perceived as poorly integrated, such as Muslims, often suffer in referendums, prompting calls for the system to allow initiatives to be vetted so they do not undermine human rights laws.

Daniel Thuerer, a professor of public law at Zurich University, said: "Direct democracy generally functions excellently. It's just that certain subjects are emotionalised and don't work so well because the debate is no longer sensible."

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