A report by the Swiss Federal Office of Justice concluded that it would be possible, but complicated, to ban national socialist, racist and extremist symbols. In order to simplify the process of banning, the Swiss Federation of Jewish Communities SIG call to focus on Nazi symbols as a first step.
The Swiss Federal Office of Justice published a report on a possible ban on national socialist, racist and discriminatory symbols, inciting to violence or extremism. The report concludes that such a ban would be possible, but complicated. Karin Keller-Sutter, head of the Department of Justice, had commissioned the Federal Office of Justice to examine whether there was a need for action and what legal options there were for banning such symbols, taking into account the situation in neighbouring countries. This mandate was issued in February 2022, a few weeks after the Federal Council rejected a motion to ban Nazi symbols. The two Jewish umbrella organisations, the SIG and the Platform of Liberal Jews in Switzerland PJLS, believe that action is urgently needed. In order to simplify the resolution process, the SIG and PJLS consider that focusing on Nazi symbols would be a viable solution in the first instance.
The need for a ban is urgent
In recent years, there have been increasing calls in the socio-political debate for a ban on Nazi symbols, which have led to three pending motions in Parliament for such a move. This debate has been reinforced by the countless incidents during the demonstrations in connection with the coronavirus crisis, where Hitler salutes or the hijacking of yellow stars could be seen. For example, current Swiss legislation prohibits the use of swastika flags or the Hitler salute in public only if they are intended to promote the ideology of National Socialism to others. However, their use among like-minded people, including in public, is not punishable, a fact that right-wing extremists know how to take advantage of at demonstrations or concerts. Furthermore, national socialist symbols are abused to give certain political messages more force or to create scandal. This is particularly hurtful and incomprehensible to the minorities concerned.
Contrary to the statements of practitioners in this report, the SIG, the PJLS and broad socio-political circles believe that action is urgently needed. There must no longer be any legal uncertainty regarding the use of National Socialist symbols. Switzerland too must keep up with its neighbours and cannot justify a marginal position.
Focus on National Socialist symbols
The report states that a ban on national socialist and racist symbols would be entirely feasible, but that its legal formulation would not be without difficulties. The SIG and the PJLS note that the analysis presents several possible legal avenues for implementing such a ban, but both believe that in order to achieve the objective, the focus would need to be clarified. If the ban on National Socialist symbols is retained for the time being, this would lead more quickly and comprehensibly to a legal solution, most likely by means of a special law. Implementing such a ban quickly would meet the consensus and socio-political will in this matter.
SIG and PJLS call for concrete implementation of the ban
The SIG and the PJLS call on Parliament, and ultimately the Federal Council, to examine the possibilities outlined in the report and to implement them in the first instance in the form of a ban on National Socialist symbols. So far, attempts to ban racist, extremist and discriminatory symbols have always failed because no agreement could be reached on a list of such symbols. If we focus on the symbols, gestures and flags related to National Socialism and the Shoah, it would be possible to count them and find a concrete solution to this problem.
