SwitzerlandInternational Religious Freedom Report 2004 Released by the Bureau of Democracy, Human Rights, and Labor The Constitution provides for
freedom of religion, and the Government generally respects this right in
practice.
There was no change in the status of respect for religious
freedom during the period covered by this report, and government policy
continued to contribute to the generally free practice of religion.
The generally amicable relationship among religions in
society contributed to religious freedom. However, negative reaction to
immigration, the conflict in the Middle East, and terrorist acts by Muslim
extremists in foreign countries, have increased intolerance in radical and
populist publications and occasionally in mainstream daily newspapers.
The U.S. Government discusses religious freedom issues
with the Government as part of its overall policy to promote human rights.
The country has a total area of 15,942 square miles, and
its population is an estimated 7.21 million. Three-quarters of the
population nominally adhere to either the Roman Catholic or the Protestant
Church, the two predominant denominations, but actual church attendance
rates are much lower. The Muslim population is the largest religious
minority, making up approximately 4 percent of the resident population.
Over 11 percent of citizens claim no formal allegiance to any church or
religious community. The breakdown between the different religious
denominations has shifted noticeably over the past several years.
Traditionally, over 95 percent of the population had been split evenly
between the Protestant and the Roman Catholic Church, but since the 1970s,
there has been a steady increase of persons formally renouncing their
church membership. In the Roman Catholic Church, immigration from southern
Europe has countered this trend. The arrival of immigrants from other
areashas contributed to the noticeable growth of religious communities
that had little presence in the country in the past. According to the
Government's Statistics Office, membership in religious denominations is
as follows: 41.8 percent Roman Catholic; 33.0 percent Protestant; 1.8
percent Orthodox; 0.2 percent Old Catholic; 0.2 percent other Christian
groups; 4.3 percent Muslim; 0.2 percent Jewish; 0.8 percent other
religions (Buddhist, Hindi, and other); 11.1 percent no formal creed.
According to official statistics, the Muslim population
has doubled to more than 310,000 over the past several years, but
independent sources believe an additional 150,000 Muslims may be residing
illegally in the country. Muslim immigrants from North African countries
typically settled in the French-speaking western part of the country,
whereas those arriving from Turkey, Albania, Kosovo, and Bosnia commonly
relocated in the German-speaking eastern and central parts. There are only
two major mosques, one in Zurich (built in 1963 and belonging to the
Ahmadayyia movement) and one in Geneva (built in 1978 and financed by
Saudi Arabia). There are approximately 120 Muslim centers located
throughout the country in private homes or office complexes. Approximately three-quarters of the Jewish households are
located in the urban areas of four major cities: Zurich, Geneva, Basel,
and Bern. There are four distinguishable Jewish subgroups: Orthodox;
conservative; liberal; and reformists. About 15 percent of Jews belong to
the Orthodox branch. Section II. Status of Religious Freedom
Legal/Policy Framework The Constitution provides for freedom of religion, and the
Government generally respects this right in practice. The Government at
all levels strives to protect this right in full and does not tolerate its
abuse, either by governmental or private actors. Article 15 of the Constitution provides for freedom of
creed and conscience, and the Federal Penal Code prohibits any form of
debasement or discrimination of any religion or any religious adherents.
There is no official state church; religious matters are
handled by the cantons, according to Article 72 of the Constitution. Most
of the 26 cantons (with the exception of Geneva and Neuchatel, where
church and religion are separated) financially support at least one of the
three traditional denominations--Roman Catholic, Old Catholic, or
Protestant--with funds collected through taxation. Each canton has its own
regulations regarding the relationship between Church and State. In some
cantons, the church tax is voluntary, but in others an individual who
chooses not to contribute to church tax may have to leave the church
formally. In some cantons, private companies are unable to avoid payment
of the church tax. Some cantons grant "church taxation" status, which the
traditional three Christian denominations enjoy, to the Jewish community.
Islamic and other nonofficial religious groups are excluded from these
benefits. In November 2003, voters in Zurich rejected an amendment
to the cantonal constitution that would have provided for the recognition
of nontraditional religious communities and allowed them to levy a tax on
their members and to receive public funds. According to a local polling
institute, the main reason for the amendment’s defeat at the polls was its
provisions for granting Islam recognition as an official religion under
cantonal law. The debates on a reform of the relations between Church and
State, as well as the official recognition of the Jewish community,
continue in the context of the ongoing complete revision of the Zurich
cantonal constitution. A religious organization must register with the Government
in order to receive tax-exempt status. In May the Federal Council (cabinet) decided to appoint an
ambassador to the Vatican in order to establish full diplomatic relations
with the Holy See. Although a Papal Nuncio has resided in Bern since 1920,
the country only appointed an ambassador-at-large "in special mission" to
the Holy See in 1991. The Federation of Swiss Protestant Churches
expressed unease over the Government’s action because the latter did not
consult them on the issue. Groups of foreign origin are free to proselytize. Foreign
missionaries must obtain a "religious worker" visa to work in the country.
Visa requirements include proof that the foreigner would not displace a
citizen from doing the job, that he or she would be supported financially
by the host organization, and that the country of origin of religious
workers also grants visas to Swiss religious workers. The number of
working visas awarded to foreign imams increased from 7 to 10 between 2002
and 2003. Religious education is taught in most public cantonal
schools, with the exception of Geneva and Neuchatel. The doctrine
generally depends on which religion predominates in the particular canton,
but some schools cover other religious groups living in the country. A new
religious tutorial printed in Lausanne in the fall of 2003 and distributed
to French-speaking primary schools in Fribourg, Bern, Wallis, and Jura
created controversy among Roman Catholic parliamentarians in the canton of
Wallis because it presented Christianity and Islam on an equal footing.
The local section of the Swiss People's Party (SVP) criticized the book's
version of Islambecause it did not mention radical Muslim practices such
as Shari’a and stoning. Arguing that 95 percent of the Wallis population
was Roman Catholic, the SVP submitted a petition with 2,000 signatures to
the cantonal chancellery asking that the book be withdrawn, and they also
threatened to launch a popular initiative as an alternative solution.
Other cantons using the book have not made similar complaints. Those of different faiths are free to attend classes for
their own creeds during the class period. Atheists are not required to
attend the classes. Parents also may send their children to private
religious schools and to classes offered by their church, or they may
teach their children at home. The debate over the country's World War II record
contributed to the problem of anti-Semitism. To counter anti-Semitism and
racism, the Federal Department of the Interior set up, in 2002, a Federal
Service for the Combating of Racism to coordinate antiracism activities of
the Federal Administration with cantonal and communal authorities. This
Federal Service has a budget of $11.1 million (15 million Swiss francs) to
use over a 5-year period. Of this money, $370,000 (500,000 Swiss francs)
per year was reserved for the establishment of new local consultation
centers where victims of racial or religious discrimination may seek
assistance. Approximately 130 of these consultation centers or contact
points already exist in the country. In addition the Federal Service for
the Combating of Racism sponsors and manages a variety of projects to
combat racism, including some projects specifically addressing the problem
of anti-Semitism. On May 3, the Cabinet decided to retain the national
anthem, although it acknowledged that the anthem's text is outdated and
overtly religious and sexist. The Cabinet also rejected a parliamentary
request to drop the "Swiss Psalm," which was written in 1841 and has in
recent years been the target of considerable criticism. Among the
controversial aspects of the anthem are its explicitly religious lyrics,
such as "the pious soul recognizes God in the noble fatherland," and its
exclusion of female citizens.
Of the country's 16 largest political parties, only 4 (the
Evangelical People's Party, the Christian Democratic Party, the Federal
Democratic Union, and the Christian Social Party) subscribe to a religious
philosophy. There have been no reports of individuals being excluded from
a political party because of their religious beliefs. Some religious or
spiritualgroups have organized their own parties, such as the
Transcendental Meditation Maharishi's Party of Nature and the Argentinean
Guru's Humanistic Party. However, none of these groups have a large enough
following to win political representation.
Government policy and practice contributed to the
generally free practice of religion. In several cases between 1995 and 2000, the Federal
Tribunal (the country's Supreme Court) consistently ruled that the Church
of Scientology is a primarily commercial, rather than religious, entity.
In April 2003, the Federal Tribunal ruled that it was
constitutional to refuse a license to run a private school to a body
affiliated with the Church of Scientology because of the latter's
controversial nature, a stance the court had already taken in 1993 and
1996. The Federal Tribunal thus upheld a decision of the Lucerne cantonal
government to close a private primary school run by a woman formally
associated with the Church of Scientology. On April 7, the Geneva Cantonal Government confirmed its
decision to fire public school teacher Hani Ramadan, a Muslim cleric,
despite a contradictory court ruling. Ramadan had been suspended from
teaching since October 2002 following the publication of an article in the
French newspaper"Le Monde" in which he favored the stoning of adulterers
as set out in Islamic law (Shari’a). Nevertheless, Ramadan will be
entitled to financial damages, which have yet to be set. The European Court of Human Rights has upheld the Canton
of Geneva's decision to prohibit a Muslim primary school teacher from
wearing a headscarf in the classroom; the Court found that the legal
provisions did not discriminate against the religious convictions of the
complainant, but were meant to protect the rights of other subjects as
well as the public order. Ritual slaughter (the bleeding to death of animals that
have not been stunned first) has been banned in the country since 1893,
but the 1978 Law on the Protection of Animals explicitly allows for the
importation of kosher and halal meat. Imported kosher and halal meat from
France and Germany is available in the country at comparable prices. A
popular initiative to protect animal rights was filed in July 2003 with
the Swiss chancellery collecting 117,113 signatures, well above the
required 100,000-signature threshold. If passed, the proposed bill would
prohibit the importation of meat from animals bled without stunning. It is
not yet clear whether such regulation would in effect prohibit local
religious minorities from practicing their religion. The popular
initiative has yet to be reviewed by Parliament. There were no reports of religious prisoners or detainees.
Forced Religious Conversion There were no reports of forced religious conversion,
including of minor U.S. citizens who had been abducted or illegally
removed from the United States, or of the refusal to allow such citizens
to be returned to the United States. Abuses by Terrorist Organizations There were no reported abuses targeted at specific
religions by terrorist organizations during the period covered by this
report. Improvements and Positive Developments in Respect for
Religious Freedom The country participated in the April conference sponsored
by the Organization of Security and Cooperation in Europe (OSCE) on
anti-Semitism in Berlin. Franz von Däniken, the State Secretary for
Foreign Affairs, highlighted the various ways the country was confronting
anti-Semitism. He condemned all forms of racism and anti-Semitism and
fully endorsed the OSCE measures to promote tolerance and
nondiscrimination. Thegenerally amicable relationship among religions in
society contributed to religious freedom. The Swiss Observatory of Religions based in Lausanne
believes that anti-Islamic and anti-Semitic feelings have increased over
the last decade. Although physical violence was rare, most anti-Semitic
and anti-Muslim remarks have largely been fueled by extensive media
reports over the Israeli-Palestinian conflict, the Holocaust Assets issue,
and terrorist acts by Muslim extremists in foreign countries. The few
journalists that engaged in anti-Zionist rhetoric later apologized.
Nevertheless, other xenophobic and revisionist publications exist,
sometimes using Internet web sites based in the United States to avoid
prosecution. According to statistics gathered by the Foundation Against
Racism and Anti-Semitism, the total of reported incidents against
foreigners or minorities was 107 in 2003, down from 121 incidents recorded
in 2002. These figures include instances of verbal and written attacks,
which were much more frequent than physical assaults. According to the
Federal Statistics Office, 24 persons were convicted in 2002 under the
1995 anti-racism law (down from 38 convictions in 2001), whereas 3 persons
were sentenced for interfering with religious freedom or freedom to
worship (down from 4 convictions in 2001). A study released by the Zurich University on March 26
found no evidence of anti-Semitism in the country’s German language media,
but noted that newspapers and electronic media often resorted to
questionable stereotypes. The study also said that Muslims were more
likely to be portrayed as aggressors and as uneducated people who are
opposed to democracy. The report was based on a survey of the media in the
German-speaking part of the country. On April 26, the Zurich lawyer and honorary chairman of
the Jewish religious community, Sigi Feigel, sued the political party
Europa Partei Schweiz by claiming that it sponsored newspaper
advertisements comparing Israel to Nazi Germany. The party, which is not
represented in Parliament, ran advertisements in the daily
"Tages-Anzeiger" the day after the killing of Hamas leader Abdel Aziz
Rantisi calling on the country to cut off diplomatic relations and end
military cooperation with Israel. The advertisements referred to "Israel,
nation of the Jews" and stated, "with the exception of the gas chambers,
all the Nazi instruments are being used against (Israel's) resident
population." The party is being charged under antiracism laws. On January 27, schools across the country held a day of
remembrance for victims of the Holocaust. Education authorities said the
aim was to remember the Holocaust and other forms of genocide committed in
the past century and raise awareness of inhumane ideologies. Fear of radical Islam in the country is reflected in
various media reports on supposed radical Islamic rhetoric in mosques.
Many imams in the country come from Kosovo, Bosnia, the Middle East, or
Maghreb countries. They are often self-taught persons or trained in Muslim
countries, mainly Saudi Arabia. Officially, the country has two large
mosques, in Geneva and Zurich, and approximately 120 prayer rooms. It is
believed that another 100 rooms exist, many of which belong to the
Albanian, Turkish, or Arab communities and are controlled by imams under
Salafist influence, which escape tight federal and cantonal control.
Prayer rooms are legal as long as they do not provide personnel or
financing to terrorist networks. Religious associations are only required
to register if their earnings reach approximately $74,000 (100,000 Swiss
francs). Swiss Muslims in Geneva complained in April that foreign imams
invited to the Great Mosque of Geneva for a prayer were giving radical
speeches, sometimes filled withinvectiveagainst the Jewish population and
western countries. The Federal Office of Immigration, Integration, and
Emigration acknowledged that the training of imams poses a problem. Some
cantons refused to grant a residency permit to imams considered
fundamentalists. An updated version of the Law on Foreigners, being
debated in Parliament at the end of the period covered by this report,
will include mandatory training for all immigrants in order to facilitate
their integration in society. Among other provisions, the training program
will ensure that immigrants can speak at least one of the three national
languages (French, German, or Italian). While Muslim and Jewish cemeteries already exist in the
country, two laic cantons (Geneva and Neuchatel) require that all
religious communities be buried in state-owned cemeteries only. Both
Jewish and Muslim communities have protested that this restriction
breaches their freedom of religion and incurs higher costs. Islam
prohibits Muslims from being buried in cemeteries with those of other
religions, and Geneva Muslims protest that they are forced to pay
expensive repatriation costs to send their deceased by plane to a Muslim
country. It is estimated that between 90 and 95 percent of deceased
Muslims in Geneva are sent to their countries of origin for burial.
During the period covered by this report, the canton of
Geneva started a series of consultations to change its religious cantonal
law, but the political climate surrounding the issue was not appropriate
for a vote. Other religious customs such as sexual mutilation of
children, forced marriage, or "repudiation" of a marriage are illegal. In
July 2000, the Federal Tribunal ruled that a unilateral repudiation by a
Muslim man against his wife could not be recognized because it contravened
the country's values of justice and the basic rights of a defendant to
appeal. In April Muslim leaders expressed fears of a "witch-hunt"
against the community, following government revelations that members of
half a dozen militant Muslim groups are operating secretly in the country.
These fears were increased in January when police arrested eight foreign
nationals suspected of links to the May 2003 terrorist attacks in Saudi
Arabia. Hafid Ouardiri, spokesman for Geneva's Islamic Cultural
Foundation, said he was "terrified" that people would mistakenly link
Islam with extremism. The Federal Refugee Office later confirmed press
allegations that these radical Islamic groups included the Tunisian
Islamic Front, the Palestinian militant Islamic group Hamas, and Algeria's
Islamic Salvation Front. It admitted that the Government had become more
sensitive to potential threats in the wake of the September 11, 2001,
attacks in the United States, but denied that the authorities were
involved in any systematic targeting of the country's Muslims. On April 10, a Muslim shop selling religious Islamic
objects in Basle was destroyed by arson. Police officials could find no
reason for the crime. The investigation continued at the end of the period
covered by this report. There have been no reports of difficulties for Muslims
buying or renting space to worship. Although occasional complaints arise,
such as a Muslim employee not being given time to pray during the workday,
attitudes generally are tolerant toward Muslims. The debate over a new French law adopted in March that
banned all ostentatious religious signs from public school did not affect
the country, largely because religious matters are managed at the local
level by the cantons. Nevertheless, the debate received extensive coverage
in the media, and many cantonal officials expressed concerns over the need
to avoid tensions in public schools. Many nongovernmental organizations coordinate interfaith
events throughout the country. Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom issues
with the Government as part of its overall policy to promote human rights.
The U.S. Embassy discusses religious freedom issues with government
officials and representatives of the various faiths.
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