1 October 2012 No 41 ISSN 1664-7963

Current Concerns PO Box CH-8044 Zurich Current Concerns Switzerland The international journal for independent thought, ethical standards, moral responsibility, Phone: +41 44 350 65 50 Fax: +41 44 350 65 51 and for the promotion and respect of public international law, human rights and humanitarian law

E-Mail: [email protected] Website: www.currentconcerns.ch English Edition of Zeit-Fragen

“Towards an economy for the benefit of all” by Reinhard Konradi

There are many possibilities to respond to those who are not competitive enough the interests of all citizens and, hence, to crisis of any kind. So at present, the na- forfeit their right to exist. In the so-called the national interest. tions plagued by debts are combating their “free market”, the powerful – the glob- economic problems with austerity pack- al players – define the limits at their dis- “Towards an economy ages, deregulation and privatization. Like cretion. They deny the competence of the for the benefit of all” the family silverware in times of distress, nation state, negate constitutionality and The time has come. With the start of the national companies providing basic sup- deprive the peoples of their right to self- federal people’s initiative “Towards an plies in the areas of traffic, energy, educa- determination and, hence, their freedom. economy for the benefit of all”, the Swiss tion and health are being sold to the credi- The indebted states which do not have a people is invited to fundamentally discuss tors’ dictate. Pensions are cut; public jobs carte blanche for debts nat their disposal the goals and the manners of economy. are cut in thousands. National economies – as the US does – are taken in coercive This direct democratic clarification re- are looted, in Greece and elsewhere. The detention until they vow to uncondition- garding the future of our country is about propagandized project of stabilizing the ally serve big business, betraying the in- the economic order and fairness in nation- euro is considered more important than terests of their own population. Or alter- al and international competition. This in- the operability of the afflicted national natively, the citizens seize the initiative, cludes the claim to a careful use of natural economies. There is no such thing as leni- requesting their governments to support ency where unchecked competition rules: a national economy which does justice to continued on page 2

“I dream of the first company that walks them Spanish” – US inspectors for Switzerland by Helmut Hubacher Imagine the following: The German istration is that US laws, regulations come in. The “Handelzeitung“ com- government wants to find out with and standards have to be mandatory mented: “For more than a decade, the their own inspectors, how our prod- for other states, as well. US law consti- United States have been behaving like ucts are made. That would be reject- tutes a kind of global obligation. Ap- the land of unlimited surveillance.“ ed with a chorus of outrage. parently, also larger countries other This has been so even for years. And From Berlin, of course, no such re- than just little Switzerland, submit in the Federal House there is great si- quest has been received, although from themselves to this regime. lence. Thereby US inspectors have a Washington. And what appears even Since the “bank war” with the US severe bearing on Switzerland‘s inde- more strange: it has been approved. In we know that the proceedings with the pendence. I dream of the first compa- the course of the coming weeks, Amer- taxes is the same. Washington doesn’t ny that walks them Spanish. As a test of ican spies will again inspect dairies and cash only in its own country. Wherever courage for others. chocolate factories, so I read in the Americans work and live in this world, Source: Basler Zeitung, 15.9.2012 “Handelszeitung” (Commercial Paper) they have to pay taxes to the United dated 6.9.2012. “Why does the US Food States. Transferred to Switzerland, that (Translation Current Concerns) and Drug Administration want to would mean that 750,000 Swiss expats *** know, what the recipes are for Swiss would still be taxable to the federal cc. The question arises for every citizen chocolate?” treasury. An absurd idea. of our country: Who is selling us to for- What right or law do they refer to, We have always admired America as eign powers? Switzerland is a sovereign those US authorities? It is of course a friendly nation of unlimited opportu- country and it is out of the question that not a matter of right or law, instead nity. Now we feel the unlimited claims. we will not give away even one millim- it is bare power politics or economic Is the assumption wrong, that some- eter of our sovereignty towards no mat- imperialism. The American market is one it is about industrial espionage? ter what state. We don’t allow any other equivalent to a fifth of the world mar- Why do our authorities permit state to tell us how our laws should be ket. “No international company can something like that? Isn’t that a sim- applied and our politicians to nod faith- afford to ignore the USA. Swiss com- ple knuckling under? The United States fully and accept the demands, no matter panies even less”, according to the give Swiss companies a choice that is whether our tax laws, our bank secrecy “Handelszeitung“. Therefore banks, none: bird, sink or swim! If the control or any other of our laws are concerned. pharmaceutical companies, account- is rejected, the US business is gone. In When the question was raised who ing firms and food companies submit that case the US market stays closed. had let the inspectors into the country to the extraterritorial monitoring re- That is why the economy gives in and in the federal parliament building there gime of the United States with gritted empowers the authorities in the Fed- was a rumour: “It is likely that it was teeth.” The doctrine of the US admin- eral Parliament to let the watchdogs Schneider-Ammann“. No 41 1 October 2012 Current Concerns Page 2

”‘Towards an economy for the …’” ed production of paper money serves no In context of international agreements, continued from page 1 one but the capitalist system. However, an WTO, IMF and bilateral agreements with honest state leadership or economic poli- the EU and other free trade agreements, resources. A purposeful exertion of influ- tics which serve the common good of the we incurred substantial interference with ence on economic processes by the state peoples is not an utopia. We would just the established structures, followed by is meant to limit the abuse of power by have to break the power of high finance. serious consequences for independence powerful corporations, unfair and ruinous The financial, political and legal founda- and self-determination of the nation state forms of competitions and the excessive tions are still there. The states would have as well as security of supply. Free trade wear and tear economy. Another objective to break out of the deadlock and regain agreements are a temporary phenomenon, is to protect what is worth protecting. It their freedoms. Basically it is about a con- primarily serving a new global order for will be a question of the political will to sistent implementation of each nation’s production sites. Allocations are based what extent the so-called “free market” is constitutional mandate – without foreign on the principle of the lowest production going to be complemented by subtle con- interference. cost, the scale advantages and the absolute trol mechanisms attuned to the interests of highest profit potential. the country and the population. Switzerland is in the way As production costs in Switzerland are An all-party consensus will have to be Switzerland is in the way of the power relatively high, the place of work Swit- found to weed out some undesirable de- strategy aimed at obscuring and concen- zerland is shifted to low-wage countries. velopments that have crept into our socio- trating because it points out an alternative The objective is to maximize revenues on politics, national policies and the structur- path. By the introduction of a debt break, a global scale. Yet, we are not sure what al, social and economic domains. Moving by farsighted economic and financial pol- will be left for Switzerland. Unprofita- closer together, a peaceful communal life, icies and the economic capabilities of our ble productions such as agricultural goods would be a favorable basis which would national economy Switzerland was capa- will be definitely outsourced through this allow the incurred losses in sovereignty ble to keep its state budget mostly in bal- optimization process – to China or India and agency to return to the national level. ance on all three levels (Confederation, – regardless of quality, health risks, ani- The question: Who should benefit from canton and commune). This arouses envy mal health and environmental contami- the economy, capital or people? is clear- and greed outside our borders, provoking nation. But international excellently po- ly raised by the initiative. But of course dangerous power posturing of foreign gov- sitioned banks and insurance companies this question leads further than an iso- ernment representatives. are facing an uncertain future as well. It is lated consideration of economic life. We Thus the attacks from Germany have the Swiss financial center that is attacked cannot avoid taking a stance on questions reached a level of impertinence and lack of with unconventional, if not criminal meth- like: Can we permit foreign interference respect that urgently call for an unambigu- ods. Maybe we are to be turned into an with our internal affairs? What is the im- ous rejection. Brussels, Paris and Washing- wellness oasis for the rich, which is to be portance of our inner cohesion? What is ton, too, intend to wear down Switzerland feared if we look at the construction of the place the economy is to take in our so- with its manifold locational advantages; wellness reservations and forced nature re- ciety? What about our right to self-deter- a process that should be confronted more serves which are financed by foreign bil- mination? vigorously by our Federal Council but also lionaires. Or are we to experience a com- by our Parliament. Instead, there are still prehensive urbanization of Switzerland as The initiative is necessary too many Swiss representatives in interna- “Greater Area Switzerland”? because the propagandized tional bodies and in the capitals, cities who 100,000 signatures under the people’s freedom proves to be a deadlock put themselves at the service of the global initiative “Towards an economy for the Deregulated markets are borderless. capital. Even the selling of our locational benefit of all” is a very strong signal; a The promised freedoms are turning out advantages for dumping prices is no long- message that will trigger strong reac- to be a deadlock. The dissolved border er a taboo in this global leveling pact. Not tions both, at home and abroad. All those guard is opening the gates for a massive only material assets and intellectual prop- who are committed to a peaceful coex- steam roller crushing recklessly cultur- erty but even our children’s future is sacri- istence, to social peace, a fair form of al and moral values as well as histori- ficed to the voracious giant of “globaliza- economic activity, preservation of jobs cally grown structures and draining the tion and leveling”. and full employment with wages secur- lifeblood from the nation states. More ing existence and social benefits, for the and more the dictate of the free mar- Sending a strong signal maintenance of a high standard in per- ket, propagandized by neo-conservative and protectind grown structures formance and quality as well as a hu- groups, is revealing itself as a Trojan The structures grown since generations mane future for following generations, horse. It is an attack on the cultural her- within our economy still dispose of a re- cannot but follow the cause of the ini- itage of the Occident with the goal of its markable power to resist. Like the pro- tiative. This initiative is not limited to systematic disintegration. According to tective forests in the mountains, they are party lines, but to the common concern the taste of the empire, the created vac- deep-rooted and cross-linked. This re- of all: to preserve what is well-proved, uum is to be filled with conformity and sistance is based on the political matu- to enhance the sense of responsibility leveling on the lowest level. To prevent rity of the people, on grown structures, towards the common good, the environ- anybody from escaping this conformi- education, social harmony and our tra- ment and the natural resources, to devel- ty, all states are taken into kin liability ditions. Trustworthiness, power of inno- op established structures, to hand down (Europe), unruly states are blackmailed vation, quality and careful handling of a responsible and fair economic order to (Switzerland). the available resources are rooted in a future generations, in order to promote The deception maneuver staged by socially compatible economic structure. the work place Switzerland, the security ECB and the FED concerning the rescue They are based on our competitiveness of provision, the quality of life and liv- of the indebted countries by an unlimit- and a high level of employmend. ing together. • No 41 1 October 2012 Current Concerns Page 3

Syria Negotiations without interference by foreign powers Statement by Professor Hans Köchler, President of the International Progress Organization

“Without outside interference. This boring countries such as Turkey must not (regional) proxy war – with dangerous means that foreign fighters and mer- offer their territory for infiltration of for- consequences for all involved (including cenaries, including personnel of eign fighters into Syria, or for logisti- Turkey). Western intelligence services, must cal purposes of the insurgents. Such as- leave the country.” sistance constitutes a blatant violation Talking about civilizational dimension of of international law, and in particular of Syrian conflict, what are your possible Considering disastrous results of Western the Principles set out in Article 2 of the considerations on the future of Muslim- policy towards Lybia, what could be pro- UN Charter. The new envoy of the United Western relations? posed to avoid the same mistakes in case Nations Organization, Lakhdar Brahimi, Because of the cultural and religious di- of Syria and Iran? should be given full support by all mem- versity of Syria, the domestic conflict in ber states for his mediation efforts on the the country has implications for relations Hans Köchler: The military intervention basis of the plan drawn up by his prede- between the Muslim and Western world of NATO in Libya has not only brought cessor Kofi Annan. Unlike the initiatives in general. Should religious fanaticism about disastrous “regime change”, but of the “Friends of Syria” – who effective- prevail and the Syrian state structure col- has led to the political fragmentation of ly are the “friends of the Syrian opposi- lapse, the situation of Christians – who the country and to a situation of anarchy. tion”, the major countries of the Middle have lived in the land since the days of It has profoundly destabilized the politi- Eastern region may jointly play a useful Jesus – may become untenable, with re- cal situation in the wider North African role as facilitators of negotiations. The percussions all over the Middle East and and Middle Eastern region – with reper- proposal of Egyptian President Moham- Europe. At the same time, relations be- cussions now felt in Syria where Libyan ed Morsi for the formation of a “Contact tween Sunni and Shia communities in the arms have surfaced in the hands of in- Group”, consisting of Egypt, Iran, Saudi- entire Muslim world will be seriously af- surgents. The Western countries have not Arabia, and Turkey, should be given due fected. Those states that have declared acted in good faith, and have exploited Se- consideration. (Iran must not be excluded themselves as “Friends” of the United curity Council resolution 1973 (2011) for from such a regional initiative.) What has Nations “Alliance of Civilizations”, such their own strategic interests. The adop- to be avoided by all means is the taking as Saudi-Arabia and Turkey, must not fur- tion of the Libya resolution, supposedly of sides in favour of a particular party or ther engage in armed interference in the motivated by noble humanitarian goals, group in Syria. In a situation of domestic domestic conflict in Syria. Their actions was possible because of the abstention of conflict, partisan action by foreign pow- have not only undermined the United Na- two permanent members, namely China ers will make a peaceful and lasting res- tions’ credibility in regard to inter-civili- and Russia. It is essential that the Western olution of the conflict virtually impossi- zational and inter-cultural dialogue, they powers in the Security Council – the Unit- ble. For the time being, the two existing now risk to lead the region into a long sec- ed States, France and the United Kingdom regional organizations – the League of tarian war, with unintended consequences – are not again given a carte blanche by Arab States and the Organization of Is- for the intervening states, and unpredict- the Council, which would allow them to lamic Cooperation – cannot play a con- able consequences for the entire world. • go ahead with an armed intervention in structive role because both have suspend- Syria or against Iran with the supposed ed Syria’s membership and, thus, taken Vienna, 23 August 2012 blessing of the international community. sides in the conflict. A bilateral “working Source: Published by World Public Forum The main element of a solution in the group” such as the one between the Unit- on 24 August 2012 Syrian conflict will have to be negotia- ed States and a regional state (namely http://www.wpfdc.org/index.php?option=com_ tions among the concerned Syrian parties Turkey) will also be counterproductive to content&view=article&id=967:stateme without outside interference. This means a peaceful settlement since this arrange- nt-by-professor-hans-k-chler-president-of- that foreign fighters and mercenaries, in- the-international-progress-organization-on-the- ment exposes the entire region to the ge- syrian-crisis&catid=40&Itemid=93&tmpl=co cluding personnel of Western intelligence opolitical agenda of a distant superpow- mponent&print=1&layout=default&page=&la services, must leave the country. Neigh- er, and risks to “globalize” the ongoing ng=en Assad acknowledges impartial work of the Red Cross in Syria At a meeting with the head of the Interna- tions carried out by the committee on the The conflict in Syria – of which 17,000 tional Committee of the Red Cross, Peter ground in Syria. He emphasized that the people have fallen victim according to UN Maurer, Syrian President Bashar al-Assad organization’s employees did their work information – has been persisting since paid tribute to the work of the Commit- independently and impartially and that March 2011. The Western countries and tee of the Red Cross in settling the conse- they did not support any side of the par- some Arab states are demanding the de- quences of the Syrian crisis, as reports afp. ties involved in the conflict. mission of President Assad as they hope The day before the head of the ICRC Peter Maurer, a Swiss, has been pres- that this will stop the violence. Russia and had gone to Syria for a three-day visit. ident of the ICRC since the beginning China on the contrary are afraid that inter- That was his first journey to Syria in his of July 2012. Jakob Kellenberger, for- ference from the outside might lead to an office as president of the humanitarian or- mer head of this organization, had vis- escalation of the conflict. • ganization. ited various regions of Syria for several Source: RIA Novosti 4/9/2012 President Assad assured Maurer that times in order to get an idea of the coun- http:// de.ria.ru/world/20120904264359356.html he welcomed the humanitarian opera- try’s situation. (Translation Current Concerns) No 41 1 October 2012 Current Concerns Page 4

Lavrov in favor of enhancing moral standards in high politics

According to Russian Foreign Minister, tensification and involvement and that contrary, said Lawrow. “We consider con- Sergey Lavrov, Moscow firmly rejects they can spread from one region to anoth- solidation of the moral basis of interna- double standards in international politics er.” tional relations to be part of high politics.” and is pleading for the observance of the A unification of efforts and a deepening “The necessity to work towards the ethical and moral standards of behavior. of confidence would hardly be possible if promotion of universal moral-ethical “Today the issue of moral landmarks there were not an ethical foundation for standards of conduct that might be gen- in international relations is as topical as it common actions in the international arena, erally accepted in international affairs to- has never been before. Global challenges Lavrov continued. gether with their gradual democratization become the focus of attention, challeng- The problems which modern world is and liberation from ideological stereo- es which threaten the existence of man- confronted with will have to be solved on types and double moral standards is obvi- kind”, said Lawrow in an interview with the basis of justice. ous”, he added. • the recent edition of the magazine Mesh- As soon as the moral values get lost, Source : RIA Novosti 4.9.2012 dunarodnaya Shisn (International Life). injustice and certain ideas would emerge http://de.ria.ru/world/20120904/264359356.html “The events of recent years have shown that do not contribute to the solution of the that these threats include a tendency of in- problems but to their escalation, on the (Translation Current Concerns)

Australians in Afghanistan suffer ‘single worst day’

by Richard A. Oppel Jr. and Matt Siegel

Five Australian soldiers were killed in a non-NATO nation in the U.S.-led coa- es are working closely with the Afghan southern Afghanistan within hours of one lition fighting here. The only other Aus- Army and the police as Western troops another on Wednesday and Thursday [Au- tralian military fatality in Afghanistan this prepare to withdraw from the country in gust 29/30, three at the hands of a turn- year was in July. Last year, 11 Australian 2014, but the killings complicate the co- coat Afghan soldier, making it the single troops were killed here, according to data operation. worst period in a decade of fighting here from Icasualties.org, which tracks mili- “We don’t have any idea if he was an for one of the United States’ staunchest al- tary fatalities. infiltrator, or if there was another reason lies. The five new deaths stunned Australia. for the shooting,” said Gen. Abdul Hamid Two Australian soldiers died when their Prime Minister Julia Gillard called it “the Wardak, commander of the Afghan 205th UH-1 Huey helicopter crashed Thurday most awful news” for the country. “This Corps in Kandahar. He identified the at- morning in Baghran, a district of Helmand is a very big toll,” Ms Gillard said dur- tacker as Hikmatullah, a soldier from Province, NATO officials said. They said ing a visit to the Cook Islands, where she Ghazni Province who had joined the Af- they did not know the cause of the crash, said she would cut her trip short to return ghan National Army five months ago. which injured othertroops as well. to Canberra. “This is our single worst day With the latest deaths, 15 members of Three other Australian soldiers were in Afghanistan.” the international coalition have been killed killed Wednesday night when an Afghan She said such insider attacks were “cor- in insider attacks also called green-on- soldier turned his gun on them in Uru- rosive of trust” and difficult to deal with. blue attacks, this month alone, 12 of them zgan Province in Southern Afghanistan, Earlier this year, Ms Gillard announced Americans. • the latest in a rash of attacks on coali- that Australia would withdraw its troops Richard A. Oppel Jr. reported from Kabul, and tion forces that have left 45 dead this year by the end of 2013 – one year ahead of Matt Siegel from Sydney, Australia. Graham Bow- at the hands of the Afghan security forc- schedule – citing what she said were secu- ley contributed reporting from Kabul, and Taimoor es or other Afghans working closely with rity improvements in Afghanistan, while Shah from Kandahar, Afghanistan. them. also acknowledging the unpopularity of Source: The International Herald Tribune, The attack happened at a fuel depot the war. 31 August 2012 when a member of the Afghan Nation- On Thursday, she said the five deaths al Army shot the Australians and then would not alter that plan. “Our strategy is fled the base, said Lt. Col. Hagen Mess- well-defined, our strategy is constant, and er, a spokesman for the U.S.-led mili- we cannot allow even the most grievous tary coalition in Kabul. The internation- of losses to change our strategy,” she said. al force command said that the motive in “We went there for a purpose, and we will the shooting was unclear and that it was see that purpose through.” investigating. The surge in insider attacks has in- With 1,550 troops in Afghanistan creased tensions between NATO and the – most of them in Uruzgan – Austral- Afghan security forces at a crucial time in ia’s military presence is the largest from the training mission. NATO security forc- No 41 1 October 2012 Current Concerns Page 5 All states shall have the right to participate in gobal decision-making equally and equitably UN Human Rights Council has created the mandate of the Independent Expert on the Promotion of a Democratic and Equitable International Order Interview with Prof Dr iur et phil Alfred de Zayas

thk. On 23 March We need a world order that is truly dem- see the priorities, etc. I am taking these the Human Rights ocratic, that is geared to the needs of the concerns and suggestions seriously. I am Council appoint- people. This means that all states must be going to study everything carefully. In ed Prof Dr iur involved. In decisions that affect the co- paragraph 11 of my report to the Human et phil Alfred de existence in our world, all states should Rights Council I have already quoted a list Zayas as an In- have a say as representatives of their peo- of suggestions for topics, which I have re- dependent Expert ples. This equality, the equitable partici- ceived from interested parties. Of course, to the United Na- pation of all, is central in the text of the I will have to prioritize. tions for the Pur- resolution 18/6, which delivers the terms pose of Promot- of reference of the mandate. I’m going to What is going to emerge from all these Alfred de Zayas ing a Democratic adhere very closely to the text of the reso- suggestions and inquiries? (picture thk) and Equitable In- lution, as I have already shown in my first Most likely I will write a report on the no- ternational Order. He is the first expert to report. tion of participation, respectively the par- occupy this newly created function aimed ticipation of the people in policymaking at the promotion of democratization in What is to be achieved by this? in a democracy, but also about partici- the United Nations and within the mem- The states of the so-called third world, the pation at the national and international ber States. Already in the autumn 2012 countries of the South, want a world order level, about questions of manipulation of session of the Council de Zayas submitted based on justice. Both the trade and the public opinion etc. Next year I am going his first report, which met with great ap- distribution of resources have to be equi- to present these studies to the Human proval. The Independent Expert, who has table. The gap between rich and poor must Rights Council. Domestically this entails had long career at the UN, was appointed not continue to grow, but must be reduced. not only the right to vote in regular elec- to this office not quite unexpectedly, as he Without having to name certain states, I tions, but also the right to choose among said himself, since he had devoted himself can address the topic epistemologically in policies, i.e. the right to influence the ac- for a very long time already to the issue such a way that I can clarify the meaning tual formulation of policy. Democrat- of furthering the emergence of genuine and give life to concepts such as democra- ic elections every four years are a good – that is direct – democracy, as it exists cy, justice, equity, equality, self-determi- thing, but you have to have real options in Switzerland. Through his mandate Al- nation and national identity. and should not vote only pro forma. The fred de Zayas endeavours to advance the people must also have the opportunity to over-arching UN agenda of peace, devel- What is your approach? shape their foreign policy authentically so opment and the equality of peoples. Cur- There are considerable spiritual and intel- that governments should no longer pursue rent Concerns met Professor de Zayas at lectual resources at the United Nations. I a foreign policy against the people’s will. the UN in Geneva. am going to draw upon the reports of for- From an international perspective, the mer rapporteurs, on studies of the sub- UN and the Security Council should be Current Concerns: Professor de Zayas, Commission on Promotion and Protec- reformed to provide for the realization of how are we to understand your mandate? tion of Human Rights, of the Commission more international participation and de- Prof Dr de Zayas: The resolution that cre- on Human Rights, of the Human Rights mocracy. ated this thematic mandate entails a syn- Council itself. I will also integrate the thesis of civil, political, economic, cultural work of the relevant agencies of the Gen- In October you will give a presentation and social rights. It is a conciliatory man- eral Assembly. I certainly do not intend to before the General Assembly. What will date, aimed at cooperation and solidarity. repeat what has already been done. How- it be about? The states of the North, the South, the East ever, I will build on it. As you know, I was Well, I will be presenting another more and the West shall find themselves in this secretary of the UN Human Rights Com- comprehensive report to the General As- mandate and regard it as something con- mittee and head of the Petitions depart- sembly. In this report I will identify sev- necting them. It is a constructive mandate, ment. The Committee’s jurisprudence also eral obstacles and will try to name good building on the purposes and principles of lends support to the mandate. practices and submit recommendations. the UN Charter. Mine is not a so-called That will happen on 30 October 2012 in “country-madate” targetting any state, nor How do you assess the effectiveness of New York – Deo volente – I will see what does it focus on a particular region, a par- this mandate? the states’ responses will be like to my re- ticular philosophy or ideology. The man- I am very optimistic as with regard to the port in the General Assembly, and what date is epistemological and is aimed at dis- mandate because a lot of positive reactions they will suggest. covering obstacles to the realization of an have already reached me, since I was ap- international order that can and should be pointed and since my e-mail address at the How can we teach other countries the ba- more democratic and more equitable. UN became known to everybody, namely sics of democratic coexistence? An “Arab The task is twofold: to democratize at the [email protected]. NGOs, spring” or military interventions of the national level, but also at the interstate, the intergovernmental organizations, govern- NATO do certainly not help. international level. ments, national human rights institutions, I understand my mandate not as a man- and civil society have contacted me with date of naming and shaming. My man- What are we to understand by democrati- concrete proposals – for example, how zation at an international level? they understand my mandate, where they continued on page 6 No 41 1 October 2012 Current Concerns Page 6

UN Human Rights Council – Office of the High Commissioner for Human Rights/Press release “Apply international law uniformly and not à la carte,” new UN independent expert urges world governments “We must build on the principles of self-determination, sovereignty, and respect for national identities and universal human dignity”

Geneva (13 September) – The newly ap- of expression and an independent judici- Mr de Zayas also referred to the rav- pointed UN Independent Expert on the ary.” ages of the international financial crisis, promotion of a democratic and equitable “An international order in which only remarking that “markets are not the pri- international order, Alfred de Zayas, today a few powerful players take all the deci- vate playground of financial bankers, but called on states to move forward to over- sions, often disregarding the consequences a public trust that requires transparency come “the many obstacles to the realiza- for the less powerful, is hardly democrat- and accountability.” In his view, “the fi- tion of an international order that is more ic,” he noted. “An international democrat- nancial markets can further an equitable democratic and more equitable.” ic order is one where all peoples have the international order if they understand their “This vision can be achieved by respect- opportunity to participate in global deci- role as a public responsibility and not as a ing the United Nations Charter as the World sion-making. We must build on the prin- closed-club of casino economics. Depres- Constitution, by applying international law ciples of self-determination, sovereignty, sion and unemployment are the results of uniformly and not à la carte, by refraining and respect for national identities and uni- irresponsible market activities.” from the threat or the use of force, by pro- versal human dignity. Progress in democ- Among the obstacles to the achieve- moting a culture of dialogue,” said Mr de ratization at the domestic level is also nec- ment of a more humanistic international Zayas during the presentation of his first re- essary to ensure a correlation between the order the expert identifies “the status quo port to the Human Rights Council. “Civili- true wishes of the people and the govern- mentality and general inertia, which delay zation is a long journey from exploitation mental measures, including foreign policy, necessary reforms, as well as vested inter- to solidarity,” he emphasized. that affect them.” ests and privilege. A change of paradigm, The Independent Expert proposed re- With regard to an equitable interna- away from short-term predator economics forms in the international arena, includ- tional order, he emphasized that the rich- and a rethinking of the values that inspire ing the UN Security Council and the UN es of the planet must be equitably shared the whole human rights edifice are neces- General Assembly, and stressed that “a and not controlled by a few countries sary. A condition for sustainable change democratic and equitable international or cartels. “Fair trade is possible, as are is the practical recognition of the human order requires not only international ef- transfer of knowledge and technical coop- right to peace and a reordering of priori- forts but also enhanced domestic democ- eration based on mutual benefit. Globali- ties away from war and toward disarma- racy and social justice, a narrowing of the zation entails certain dangers but it also ment and the realization of the Millenni- gap between rich and poor in all countries, opens opportunities for international sol- um Development Goals and post-2015. • a strengthening of the rule of law, freedom idarity,” he said. Source: Alfred de Zayas, www.alfreddezayas.com

”All states shall have the right …” Which means? What in this context is the role of the na- continued from page 5 This means that citizens must be in- tion-state for you? volved in politics and help to shape it In ancient Greece the state arose with the date, as stated above, is a constructive directly. Here, the model of direct de- polis, where the citizens could partici- one, aiming at helping to understand and mocracy offers an enormous contribu- pate in the shaping of policy. Over more apply norms of international law uni- tion. You must have the possibility of than two thousand years various forms formly, aiming at defining fundamen- initiating legislation. The possibility to of nation-state have existed, also vari- tal terms that are used quite differently review laws through referenda, but also ous forms of democracy. From an inter- by States and civil societies. When I say the possibility to call government offi- national perspective, we want all coun- democracy, it should mean more or less cials and politicians to account in case tries to be equal and to have the right of the same to a person in North America, they pursue a policy very different from equally shaping world politics. But inter- South America, Australia, Eastern Eu- what they once promised – that must be nally, at a national level, the citizens of rope, China, India or Africa. Democracy the essence of democracy. The elected a particular state must adopt the correct must not be understood à la carte, it has politicians must be held accountable if laws that emate from their own identity, constitutive elements that can be meas- they have broken the promises they have their own culture and they must choose a ured, there are benchmarks and grada- given to the citizens, and thus abused policy that ensures the exercise of human tions. Similarly, it is unacceptable that in- their confidence. Therefore there must rights and the primacy of human dignity ternational law is frequently applied by be a way to remove these people from of all inhabitants. States as they feel but not as they should. office. Here in the US we have the con- One major obstacle to world peace and cept of recall or impeachment in that Professor de Zayas, we wish you every the achievement of a democratic and eq- case. success in elaborating your mandate, uitable “world order” is in fact, that many So I will study the model of direct de- and thank you very much for the inter- states do not evenly apply international mocracy in greater breadth and depth. It view. • law, here they say yes and there they say is about the question of how to apply this no. Without wanting to criticize certain model with some modifications to other Readers are welcomed by Professor de Zayas to states, I would like to point to this fun- countries. But in each country you have share their ideas and are asked to send them to ie- damental problem. Ultimately, I believe to take its history, its culture, its traditions [email protected]. that the bottom line of democracy is par- and its individual ideas of coexistence into ticipation. consideration. (Translation Current Concerns) No 41 1 October 2012 Current Concerns Page 7 Creating fear is the means of German policy against Switzerland by Dr René Schneider

I. Top News foreign criminal with whom the state their tax information and will or were On 21 September 2012 the North of North Rhine-Westphalia pursues its therefore not prosecuted as criminals? Rhine-Westphalian (NRW) “Land- criminal activities. However, misusing We ask for the exact number of taxable tag” (state parliament) published the “rule of law” (Article 20, paragraph persons in NRW per volume that are the state government’s response to 3 Basic Law) for forms of governmen- innocent under criminal law, respec- a “Minor Interpellation” to the par- tal and state crime means to pervert the tively persons who were not or are not liament.1 tax secrecy as well in favor of one’s ac- being prosecuted! complices, of course! 4) How many persons that are or were 1) Parliament of North Rhine-Westphalia, No. not taxable in North Rhine-Westphal- 16/924 of 18.9.2012, www.landtag.nrw.de/portal/ 1. Data records of how many citizens ia have been identified on each disk, WWW/dokumentenarchiv/Dokument/MMD16- 924.pdf. from NRW are on the purchased tax CDs? even though they had handed in their The questions and answers in wording as follows Please re-encrypt the data according to tax information correctly and therefore (excerpt, with critical remarks by the author). the individual purchase transactions. will not be or were not prosecuted as The previous evaluation of the acquired criminals? We ask for the exact num- Introductory remarks information revealed that particulars on ber of persons per data carrier who are of the state government an overall of 2,831 investors from North not taxable in NRW, i.e. who are inno- The constitutional order allows and re- Rhine-Westphalia are provided by the cent under the criminal code and are or quires considering the needs of a func- disks. The number will certainly increase. were not prosecuted! tioning criminal justice and criminal tax Note: The MP’s question is phrased in investigation. The prevention, prosecution an amateurish and clumsy way. For sta- 2. How many of these people from NRW and investigation of criminal offenses are tistical analysis, with which one could have given a voluntary declaration? Please of great importance taking into account check the NRW government’s data pur- re-encrypt the data according to the pur- the assessments of the “Grundgesetz” chases with regard to budget embezzle- chase transactions, and how many of these (Basic Law). The announcement of de- ment (§ 266 CC), the following ques- voluntary declarations have successfully tails of completed acquisition transactions tions should have been asked and the prevented a criminal proceeding or how may jeopardize the investigation purpose answers evaluated; but unfortunately the often legal actions were additionally taken. on the one hand, as long as the resulting author did not find any parliamentarian There are very few, if not any voluntary tax proceedings are not legally complet- with enough legal expertise – or at least declarations at all of those people whose ed. The disclosure of details of the pur- political vision – to ask these questions: data can be found on a tax-CD, because a chases on the other hand, might lead to The weekly magazine Focus report- voluntary declaration requires that the tax an unwanted identification of providers. If ed on 16.9.2012 that the state of North- evasion has not been recognized by the details lead to an identification of provid- Rhine-Westphalia “had purchased six authorities. Should this question refer to ers, the disclosure of the details would be tax data CDs since 2010”: “According to the number of voluntary declarations that contrary to tax secrecy.1 Secrecy of cer- a preliminary analysis, the data media have been made beyond the CD data, this tain taxes and ratios, whose disclosure list a total of 6,989 investors. So far number has amounted to 6,732 in NRW would provide a reference to the taxpayer 2,624 criminal proceedings have been (as of 9.6.2012) since the first sale in Feb- or private third parties, may be mandatory initiated in Germany.” Such purchases ruary 2010 – solely related to Swiss banks. with reference to the Basic Law, Article 2, became known to the public for the first In general it should be noted that the paragraph 1 in conjunction with Article 1 time after the public arrest of the then- number of completed voluntary declara- paragraph 1 and Article 14. head of the German Postal Services tions is registered in the nationwide sta- 1) Parliament of North Rhine-Westphalia, No. Klaus Zumwinkel on 14.2.2008 on ac- tistics of criminal and legal proceedings. 16/924 of 18.9.2012, www.landtag.nrw.de/portal/ count of data theft by the Liechtenstein A separate statistics concerning the levy WWW/dokumentenarchiv/Dokument/MMD16- inhabitant Heinrich Kieber.2 and execution of voluntary declarations 924.pdf. 2) www.focus.de/magazin/kurzfassungen/focus- (in particular in relation to the data ac- Seen from the point of the employer’s duty 38-2012-nrw-zahlte-gut-10-millionen-euro-fuer- quisitions) is not compiled. Therefore, the of care towards his employees (particu- daten-aus-der-schweiz_aid_820499.html numbers cannot be provided in the desired larly in view of the arrest warrants issued Against this background, I ask the manner. A subsequent collection of rele- against North-Rhine-Westphalian tax po- state government: vant data would – if at all – only be possi- lice officials in Switzerland) details must 1) How many data CDs or other media ble at an unacceptable effort. not be communicated. (e.g. DVD, USB sticks) has the state Basically, there is a comparison of the In view of these considerations, the government bought so far (including information contained on the disks with state government can publish only limit- the case Kieber/Zumwinkel)? We ask probably voluntary declarations. In prin- ed information on completed acquisition for the exact number of disks! ciple, a voluntary declaration also leads to transactions. 2) How many people who are or have formal criminal tax proceedings, as an ex- Note: Why identifying the “supplier” been taxable in North Rhine-Westphal- amination of the completeness of the in- i.e. the “data thieves” (perpetrator, ac- ia were identified on each disk? We ask formation provided by the declaration, and complice or participant does not mat- for the exact number of taxable per- the announcement of an amnesty are only ter) should fall within the scope of the sons in NRW per disk! possible in such a process. In case of an tax secrecy (§§ 30 to 31b of the Tax 3) How many people who are or have effective voluntary declaration criminal Code), will remain an eternal mys- been taxable in North Rhine-Westphal- proceedings are closed. tery of the state government. Tax se- ia were identified on each disk, even crecy protects the taxpayer and not the though they had correctly handed in continued on page 8 No 41 1 October 2012 Current Concerns Page 8

”Creating fear is the means …” ties only through the criminal interac- “Request for the indication of Provision- continued from page 7 tion between data thief and “stolen data al Measures” receiver” a considerable portion of the “Demande en indication de mesures con- 3. How much is the total tax revenue for theft payoff has been invested. Words servatoires” NRW from the voluntary declarations by fail the author to articulate the extent a person in question 2, itemized by pur- of his outrage yet with necessary re- through which the International Court chase processes? straint! may forbid the Federal Republic of Ger- Basic reference is made to the answer on many to purchase the data, at least tempo- question 2. 5. How much is the total tax revenue of rarily and until a sentence in the principal A classification of additional results NRW out of the convictions and settle- proceedings”3. from voluntary declarations related to ments concerning persons mentioned in 3) In extracts published in “Deutschland, Liechten- individual purchase transactions is not question 4, itemized by purchase pro- stein, die Schweiz und das Völkerrecht” (Newslet- possible. According to estimates by the cesses? ter Steuerrecht of 22.2.2010, page 3, Source: www. muenster-seminare.de/24505.pdf), and at: www. Ministry of Finance NRW voluntary dec- In case the questioner meant the total in- Staatsklage.de larations in the context of capital income come for the state of NRW including tax in Switzerland will amount to a tax in- payments, there was revenue amounting to At that time, North Rhine-Westphalia come of more than 300 million euro in 425.3 million euro from the CD-evalua- was still ruled by Jürgen Rüttgers (CDU) NRW alone. tions and voluntary declarations. and his Minister of Finance Helmut Lins­ It does not include the additional re- The total of fines and monetary sanc- sen (CDU), and since then nothing has sults that emerge from the analysis of the tions from the convictions and dismissals changed, the criminal methods of state data records. of proceedings – as far as figures could power have remained unchanged. Why be compiled – currently amounts to about should they be changed? 4. Against how many of these people 2.8 million euro. Conclusion: “The method Borjans” is from NRW has a criminal case been in- Furthermore, the North Rhine-West- no such method! It probably does not even itiated due to the information contained phalian judiciary has fixed so-called as- deserve the name Linssen. The unworthy on the data carriers? Please re-encrypt sociation fines in accordance with § 30 game had in fact started in 2008, when the the data according to the acquisition OWiG (Ordnungswidrigkeitengesetz – then Federal Minister Peer Steinbrück as process and then, if already completed, fines imposed on legal persons and asso- the “receiver of stolen data” by the Liech- say if the criminal proceeding success- ciations of persons). They amounted to tenstein data thief Heinrich Kieber came fully resulted in a conviction to fine, pro- 197.5 million euro and flow into the state into the public eye and created a climate bation or imprisonment, whether it re- budget of North Rhine-Westphalia. of fear. No tax evader knew if his identi- sulted in a settlement if it is still going Note: Meanwhile, it should be clear ty had already been revealed by the stolen on or whether it resulted in an acquittal even to the most ignorant person: The bank client data, but the number of volun- or was terminated without consequences NRW Finance Minister’s main concern tary declarations skyrocketed after Stein- for the defendant or whether it was ter- is in fact not “fiscal justice”, but sow- brück’s recommendations. minated. ing fear among the taxpayers and en- Fear as a political tool? We have not It must first be noted that the number of suing the increase of voluntary decla- had such a thing in West Germany since investors and the number of investigations rations in accordance with § 371 of the 1945! are not identical, since in addition to the Tax Code (AO). Today, they only rarely investors themselves named on the disk lead to impunity and require very pro- III. Who is Norbert Walter-Borjans? criminal investigation against other peo- fessional representation – at best by a So Norbert Walter-Borjans (SPD) is not ple (e.g. spouses) were probably also initi- specialist tax lawyer! the inventor of the system that is older ated in different cases. than his tenure in the Düsseldorf Minis- As far as figures could be compiled, II. Résumé try of Finance. Fear as a lever is not in- investigations have been initiated against The author may be permitted to point to cluded in the rule of law, but it fits with at least 3,413 people from North Rhine- the fact that as early as 5 February 2010 the previous political career of a man who Westphalia. Eleven defendants were he wrote a letter to the former head of the has a nomadic professional career and is fined by issuing penalty orders. § 153a Swiss Federal Department of Foreign Af- seeking only his own advantage. Hence Code of Criminal Procedure (abate- fairs (DFA), Federal Councillor Micheline the place next to the wannabe chancel- ment of action after fulfillment of con- Calmy-Rey: lor Hannelore Kraft (SPD) is most wel- ditions) was applied on 80 defendants. “However, I am convinced that the come. In the current economic and finan- The proceedings against 14 defendants German authorities will only delay the il- cial newspaper Euro am Sonntag dated were abated according to § 153 Code of legal purchase of the data for a short peri- 17.9.2012, the restless NRW Minister of Criminal Procedure (abatement of action od of time, so that via the corporate Ger- finance is described as a “madman”:4 for trivial nature of offense) and against man media they can appeal for voluntary “He is well-versed in fights – and even in 709 defendants in accordance with § 170 self-declarations granting amnesty. As defeats. With him in the team, the SPD paragraph 2 Code of Criminal Procedure long as no tax evader definitely knows lost two state elections. Finally being (for lack evidence). Another 89 proceed- whether his data are included on the CD Minister of Finance, the supplementa- ings were regulated otherwise (submis- or not, only a few tax evaders will report ry budget for 2010, submitted by the co- sion of proceedings, combination of pro- a voluntary declaration, although their alition government under his leadership, ceedings). identity cannot be revealed by the data failed. His total budget for 2012 failed as Note: A scandal: 723 proceedings were collection itself. well when the red-green government had initiated against innocent – tax honest Switzerland should use this short peri- to yield to the opposition by one vote. – citizens who had done no wrong and od of time to submit an injunction suit at Just over nine weeks ago, there was had well invested their properly taxed the International Court of the United Na- the next slap in the face. The Federal Ad- assets in Switzerland. For these 723 tions in The Hague against the Federal Re- ministrative Court in Leipzig assessed “suspects” who were unduly exposed public of Germany, as well as to apply for to persecution by the NRW authori- the adoption of a continued on page 9 No 41 1 October 2012 Current Concerns Page 9 “We must learn to become economical again” by Prof Dr Eberhard Hamer

Over the past 30 years, the principles and three years. More and more people also re- no social charges, no patent and legal practices of our society have changed funda- alize that their individual performance capa- protection, whose wages are only a mentally. Following the Anglo-Saxon model, bility no longer meets the growing demands quarter or a fifth of ours and who es- we became a discontented society, addicted in work and life. Collapse by burnout has be- pecially do not need to bear the high- to superficial fun in life (Fun Society) and come a public health problem and shows us wage labor costs – the highest world- greedy for more wealth (affluent society). that we are no longer able to ever increase wide, which we must work out in form – unions and advertising preach us every working and thus earn and buy more and of taxes and social contributions. The day that we should earn more more. We will have to reduce our demands. German competitiveness decreases – corporations and employers’ organiza- The financial crisis is increasingly turn- constantly. In the next generation we tions urge us to work more and more, ing also into an economic, labor market will not be able to compete against – so that we purchase more goods under and consumer crisis, and shows us clearly many of today’s developing countries, the pressure of mass advertising. that in the past bubbles have been created, because we have brought them our Our aspirations have been screwed up ever which we have to pay for, today. technology and know-how, but they more; not only in everyday life, but also This also applies to the Moloch State then can deliver back the same prod- on holiday, in our demands for health care and the expenditure that has grown be- ucts at a fraction of our costs. The ex- service and in securing our basis of life yond all revenue through redistribution, ample of the Airbus production in including our minimum social benefits. and which has been reflected in growing China stands as a warning for many. These higher claims were reached only national debts. The first states already en- • Through centralization in Europe, our by the ever-increasing exploitation of the counter their financial limits. This phe- policy has simultaneously diminished people themselves and the resources of nomenon will go round and will show the more and more democratic structures, our world and the environment in general. limits of public luxuries in every way. and has reduced ever more national Moreover, policy has always placed standards, characteristics and services greater demands on us. The ever-increas- The end of prosperity at European level. Our leading parties ing taxes and social contributions con- In the last decades our policy has pro- hail the way out of the formerly eco- sume more than two-thirds of our gross duced respectively tolerated fateful phe- nomically healthy nation-state Ger- income and leave us only less than a third nomena of decomposition at the expense many into a Pan-Europe that is eco- as net available money. of our population. nomically ailing, financially tumbling Two-thirds of public finances are no more • Through unrestrained immigration and degenerate. The financial crash al- used for reasonable government services, but Germany was deliberately leveled with ready shows that the excessive greed of for the redistribution among the population respect to religion, education and cul- the international banks and the unre- groups, for Europe, for corporations and ture. The majority of immigrants did strained transfer funding of the welfare around the world. On top of that they don’t not come to Germany in order to work, state is tumbling. The party is over, only risk the largest domestic debt, but a but to sponge on the lush social system and the bill is now presented. Nobody multiple, unrestrained European debt liabil- (social immigration). Everyone work- wants to pay it. The gambler-offenders ity as if the flood of money would never end. ing in the labor market must therefore leave it to the citizens to pay the piper. already nourish two people (including • In addition, there are indications of a so- The limits to growth his family); those who earn more, have cial collapse. Politics admits on a large Meanwhile, we realize the limits to our to feed correspondingly more. scale that the old-age pensions of the growth not only by the resources: the price of • At the same time our policy has ex- current system are no longer secure, that oil keeps growing, and the mineral and metal posed us to the international competi- future pensioners have to fear for their prices have more than doubled in the last tion with low cost countries that have continued on page 10

”Creating fear is the means …” economics. In 1978, he left the Universi- Borjans creates more problems than he continued from page 8 ty of Bonn with a degree in economics in solves.” order to obtain a PhD in 1982 from the 4) “Der bessessene Steuersünder-Jäger” (The ob- University of Cologne in political science sessive hunter of tax evaders) (by Ann-Christine Walter-Borjans’ favorite culture pro- and economics. The ensuing career is Brunen), in: “Euro am Sonntag” dated 17.9.2012, www.finanzen.netn/nachricht/private-finanzen/ moting tax, mainly known as “bed tax” marked by positions in the private sector Steuer-CDs-Finanzminister-Der-bessessene-Steu- as partly unconstitutional. His old de- and the academia. In 1984, Johannes Rau ersuender-Jaeger-2049800 sire to improve the world had probably brought him into politics. Walter-Borjans entered into the Krefeld-born politician. was first Speaker in the State Chancellery Ceterum censeo: The problem of “re- Already in 1986 he had been involved in of North Rhine-Westphalia, and later gov- ceiving” illegally obtained bank client the founding of the Transport Club Ger- ernment spokesman. data and the associated harmful effects many (VCD) that supports an ecological Today, the father of four children does on Switzerland’s financial center can only transport policy. not only occupy the chair of the Minis- be ended by proceedings of Switzerland His long-standing partnership with ter of Finance, he is by the way member against Germany before the International politics was not a love at first sight. In of the Advisory Council of the German Court of Justice (ICJ) in The Hague, tar- fact, Walter-Borjans changed his career Federal Bank branch in Dusseldorf, geting a prohibitory injunction and com- at least as often as his spectacle frames. chairman of the Finance Committee pensation. • Born on 17 September 1952 in Krefeld- and the Conference of Finance Minis- Source: Völkerrechtliche Vereinigung – Associa- Uerdingen, the son of a carpenter and ters in the Bundesrat and represents his tion for the Advancement of the Proceedings Swit- a dressmaker studied computer science country on the boards of the NRW Bank, zerland against Germany from 1971 to 1972 after his A-levels, but Ruhrkohle AG and WestLB. Some – even www.Staatsklage.de, No. 25505 dated 21.9.2012 abandoned these studies and changed to within the SPD – criticize that Walter- (Translation Current Concerns) No 41 1 October 2012 Current Concerns Page 10

”‘We must learn to become …‘” today for about 40% of the popula- – When the wealth is gone, we all will continued from page 9 tion – will, as the crisis history shows, have to learn to be and live economical presumably be halved, which means, again. Husbandry will again become a existence, that apparently they have de- many of the middle class families will virtue, which is necessary for surviv- signed an unfair redistribution system slip down into the lower class and im- al and determines the standard of liv- for the pensions that is shortsighted and poverish. ing. Many people will have to learn it too lush. The same applies to the health – Remains the working class, which will again. The one who sets out first, has care system. By election bribes poli- impoverish not only by wage cuts, but the greatest chance to survive. tics granted us social opulence that they also by layoffs and will suffer hardship From the period of prosperity and greed should not have been granted, since it is in various ways. for life and wealth, in which we could unaffordable and breaking up now. One only needs to read the history of never have enough, we will soon come to the crises in the different countries. The the stage of humility, in which many peo- Impoverishing society aforementioned phenomena were always ple will not have enough for their living. The current financial crash is not yet fin- the same: they let formerly rich countries It does not help to curse the faithless pol- ished. It is expected to continue as an eco- impoverish by greed and opulence – al- iticians, bankers and managers who have nomic, social and political crisis. Then the ways at the expense of the general popu- taken us to this situation; the offenders do debts taken on by Europe will lead to a lation – but mostly spared the upper class. not suffer the consequences, but every one dramatic inflation and entail many losers. of us. Therefore: The one who adapts first Who loses? Survival rules to these circumstances and orients his atti- – The main losers in every inflation are Anyone who believes that the crisis will tude, his lifestyle and asset disposition to- the savers, which have a nominal claim lead to the impoverishment of the pop- wards them, will best get through the ap- that however dissipates in value more ulation and sees himself at risk as well, proaching lean years. • and more with the growing inflation. should do something about it. My genera- – Losers are also the retirees who cannot tion of the post-war time experienced how (Translation Current Concerns) expect an increase in pensions corre- one could survive from nothing and rise sponding to the inflation. Even with the again: same amount of pensions paid the real – The most important precaution for value of the pensions is decreasing and any crisis is one’s own maximum ed- many retirees will impoverish. ucation. Those with more education, – Also the social clientele will impover- knowledge and skills than others in Current Concerns ish. The Hartz IV recipients and other the society will always be sought and The international journal for independent social welfare recipients can no long- therefore have better life chances than thought, ethical standards, moral responsibility, er count on today’s social services; at others. It is not for nothing that former and for the promotion and respect least not in terms of value. They will of public international law, human rights educational leaders recommended ed- and humanitarian law therefore not be able to rely on being ucation as the most important survival completely maintained by the state. and advancement opportunity, particu- Publisher: Zeit-Fragen Cooperative They must contribute themselves to larlay to the lower classes Editor: Erika Vögeli earn their keep. – The approaching indebtedness and in- Address: Current Concerns, – If the social clientele impoverishes, flation harms especially those whith P.O. Box, CH-8044 Zurich also the social functionaries can no own monetary values. Conversely, Phone: +41 (0)44 350 65 50 longer expect today’s lush salaries, the those who own physical assets are less Fax: +41 (0)44 350 65 51 E-Mail: [email protected] money will not be there to pay for so affected by inflation. Physical assets many social workers and high salaries increase in relation to their value. So Subscription details: of these officials. This also applies to the following precautionary rule ap- published regularly electronically as PDF file our lush health service, which must be plies: Change from monetary value Annual subscription rate of SFr. 40,-, € 30,-, £ 25,-, $ 40,- cut back in terms of amount and in- into physical assets. Try in good times for the following countries: come if the social contributions are no to protect all monetary investments by Australia, Austria, Belgium, Brunei, Canada, longer sufficiently available. material assets. Cyprus, , Denmark, Finland, France, Germany, Greece, Hongkong, Iceland, Ireland, Israel, Italy, – In every impoverishing society the – The most important tangible assets are Japan, Kuwait, Liechtenstein, Luxembourg, Nether- public servants will not be spared, ei- your own four walls. Anyone living in lands, New Zealand, Norway, Qatar, Singapore, ther. We have the highest public sala- his own home saves the rent in a crisis, Spain, Sweden, Switzerland, United Arab ­Emirates, ries of German history. This cannot go thus with the same disposable income United Kingdom, USA on. As the Greek example shows, the Annual subscription rate of he is in a significantly better position SFr. 20,-, € 15,-, £ 12,50, $ 20,- public service must expect dramatic re- than others, who must also pay the rent for all other countries. ductions. from that net income. Account: Postscheck-Konto: PC 87-644472-4 – But also the middle class will shrink – Debts are also dangerous. Who needs to The editors reserve the right to shorten letters to and suffer. Many leading and senior serve debts in times of crisis has less dis- the editor. Letters to the editor do not necessarily employees will lose their high salaries. posable income than the one that is free reflect the views and opinions of Current Concerns.

Even many of today’s four million self- of debt. So he has also a lower stand- © 2012. All rights reserved. No reproduction, copy or employed will not survive the econom- ard of living. One of the most important transmission of this publication may be made without written ic crisis. The middle class – accounting rules is to be debt-free in the crisis. permission. No 41 1 October 2012 Current Concerns Page 11 Return to the D-mark! “I shall abide by my vote for the vision which the great Charles de Gaulle taught us: the Europe of Fatherlands. The treasure of the old continent is the diversity of its cultures” by Thomas Hoyer*

The euro has failed for Thomas Hoyer. gles with the heritage of Kohl, Waigel, catalyst for the target of a political union The entrepreneur sees signs of a coup Schröder, Schäuble. in Europe. However, to achieve this against the German State in the single Political awareness was missing, which aim the German Basic Law needs to be European currency. would have been necessary to understand cracked, which constantly stands in the the new international situation. Imbued euro rescuers’ way via the Federal Con- The economist Eugen von Böhm-Bawerk with political romance the politicians com- stitutional Court. In the Spiegel inter- taught: “Political power is never capable mitted themselves for the euro. However, view Schäuble made clear that he does of overriding the economic law.” as Bismarck put it, history works more ac- no longer fear the German sovereign by Instead of carrying a few coals to New- curate than the Prussian superior account- bringing a referendum into play to con- castle we take the euro: the single curren- ing chamber, and in fact it made the Fed- firm the farewell to the nation state by cy has failed. In an attempt to circumvent eral Republic of Germany (FRG) approach legal means. The President of the Con- the law of economics, the EU has failed as the German Democratic Republic (GDR), stitutional Court, Andreas Voßkuhle, had once did the Soviet bloc. Merkel, Schäu- but without the hope of rescue. We can no already declared last year that we were ble, Steinmeier and cohorts know this. longer argue in terms of democracy, be- “obviously” heading for a referendum, However, they continue their policies and cause it exists only seemingly. We are in a because this was the only way to make make everything worse. The permanent state of social agony and political anomie, the transfer of more competence compat- rescue mechanism (ESM) and the fiscal hence lawlessness. The treaties – Maas- ible with the Basic Law. pact will indeed come, regardless of any tricht! – are proven to be of no value and There is now fear that the Federal judge’s decision. The “highly exciting ex- even the Basic Law is nothing but a com- Government together with “socially rel- periment” (Wolfgang Schäuble) of adapt- modity. Laws only fully apply where they evant forces” urges Germans to agree to ing the reality to the euro-ideology con- are suitable to repress the tax-paying cit- the European enabling act in an act of tinues. izens. A European super-state established democratic suicide. Schäuble rejoices, To a large extent, the new laws abol- on this currency is a compulsory commu- “The more people see what is at stake, ish the budgetary right, the essential right nity which all instincts resist. Who loves the more they are willing to take the right of any parliament. This will accelerate freedom will develop counter-strategies, at steps.” the core meltdown of the German State. least to resist plundering and egalitarianism They are trying to re-interpret the coup We are in a coup induced by bureaucrat- in private. Therefore the super-state will against the own people as a vote on war ic means. Ironically the Left Party has appeal to the bad instincts for reasons of and peace. Opponents of the euro rescue already expressed it with the necessary self preservation. Spying, surveillance, de- and fiscal union will be branded as ex- clarity. Sovereignty rights and national nunciation and the invention of new opin- tremists that threaten the peace. There will wealth are squandered against promises ion crimes will increase. be a final battle for democracy and nation- to make an effort for “debt brakes”. The In an interview in the Spiegel, Wolf- al sovereignty. premiers of the federal states boast about gang Schäuble leaves no doubt about the I shall abide by my vote for the vision having bargained for more money for motifs driving him. The Minister wants the which the great Charles de Gaulle taught kindergarten places: policy at the level of replacement of the nation-state by a Eu- us: the Europe of Fatherlands. The treas- infantile feeblemindedness. ropean super-state. The EU Commission ure of the old continent is the diversity of The result? Germany is isolated. The must become a “real government”, even if its cultures. Husum and Palermo are not peoples of Europe snap at each other. As it faces “national reflexes”. Miami and Seattle. If Mrs Merkel want- they do not know how to proceed, the par- Overshadowed by the euro disaster a ed to go down in history books, she would liamentarians shift ever more authority to political revolution from above is loom- require the courage and the promising at- Brussels. But an increase in authority of ing. For the bankrupt states a veritable bo- tempt to stop her Orwellian newspeak and the EU headquarters does not mean that nanza has opened up with the magic word to return to the D-mark. Such a move is they are suddenly pervaded by a Europe- “Fiscal Union” and the associated com- currently not to be expected from the po- an spirit. The employees still remain rep- munitisation of the German budget. Ger- litical class. • resentatives of their respective countries, man tax revenues, German credit as a rich * Thomas Hoyer is chairman of the advisory who then can act out their individual inter- gold mine shared to the sack. board of the Hoyer group. ests completely uninhibited. Angela Mer- Why does our political leadership sup- kel has not caused the disaster; she strug- port it? The euro crisis is nothing but the (Translation Current Concerns) No 41 1 October 2012 Current Concerns Page 12

Eurobarometer – trust in the EU has “reached historic lows” Against the will of the citizens eleven EU foreign ministers call for a superpower EU by Karl Müller

On 17 September, eleven Foreign Min- directly mentioning it, is a more or less the “ever-reinforcing process of globalisa- isters of the European Union (Belgium, complete loss of power for nation-states tion” and “global competition with other Denmark, Germany, France, Italy, Lux- in key policy areas. economies, ideas and models of society”. embourg, Netherlands, Austria, Poland, With respect to the first goal, the For- What they do not say is how successful Portugal and Spain) submitted a final re- eign Ministers seek at first an end to the particularly small and free and democrat- port (12 pages) on their ideas for the Eu- national budgetary sovereignty. The Min- ic states can be in a free, equal and friend- ropean Union’s future. The report’s ten- isters call this “integrated financial frame- ly competition. Switzerland is an example dency is clearly towards more political work” and “integrated budgetary frame- of this in Europe. But such examples also power for the EU institutions in Brus- work”. For this purpose there are to be exist on other continents. But in case it is sels and Strasbourg, against the principle “effective surveillance powers with spe- relentless power politics and greater wars of subsidiarity and against a further de- cific competencies for the European in- the Foreign Ministers have on their minds, velopment of the EU in the direction of a stitutions to monitor the budgets and im- then their reasoning has a certain barbaric “Europe of nations”. The goal is a world plementation of the fiscal measures in the logic. The citizens who responded to the power EU – but without justice and de- member states”, as they have already been survey did probably not take this into ac- mocracy. decided rudimentarily with the so-called count. fiscal treaty. Of course, the foreign ministers of the The Foreign Ministers know that more As soon as the euro crisis will be over- EU countries also write about more legit- and more citizens disagree with the EU. come the EU must take big steps, accord- imacy and more democracy. However, in On 18 September, for example, there was ing to the EU ministers, “to become a doing do so they badly misuse the words. a report in Frankfurter Allgemeine Zei- stronger player on the world stage”. For What the Foreign Ministers mean is just tung on a recent survey conducted by TNS this purpose, the High Representative of more power for the so-called EU Parlia- Emnid. Accordingly, the EU skepticism in the EU for Foreign Affairs shall be given ment and other EU institutions. But even Germany has never been as high as today. more powers, the “common security and with more competences, the structures in 63 percent of respondents said their per- defense policy” has to be strengthened, in Strasbourg and Brussels, far away from the sonal situation would be better if they had all areas of the “common foreign and se- citizens will not become any more demo- not swapped the deutschmark for the euro. curity policy” (CFSP) “more majority de- cratic. And more competences for the Eu- 48 percent of respondents no longer be- cisions” are needed within the European ropean Commission, which the Foreign lieve that – because of the existence of the Council; this means that EU foreign, se- Ministers have also called for is certain- EU– they are personally better off. And curity and defense policy decisions may ly not a contribution to more democracy. only 42 percent, much less than half of the be taken against the will of an EU Mem- The future of Europe requires a different respondents believe that social peace in ber State. Finally, a uniform EU defense path. Europe will only have a future if it Germany has become more stable through policy with an EU army is intended. Ob- indeed recollects its values and also re- EU membership. Further recent surveys, viously, the Foreign Ministers primari- alizes them in its policy. A structure like such as the ones conducted by the Allens- ly strive for a war-capable and war-pre- the EU cannot turn into a democracy and bach Demoscopic Institute, confirm these pared EU. Different positions among has not been made to achieve that end. A opinions. Even the Eurobarometer sur- the EU Member States, as concern- few days ago political scientist Professor vey, a report published by the EU Com- ing Iraq and the war in Libya are to be Count Kielmannsegg wrote: “Who would mission concludes that trust in the EU has passed by, by a majority vote in future. doubt that a 500-million-entity like the “reached a historic low”. These critical As an acceptable justification for their de- European Union, composed of a variety of voices are not taken seriously by the For- mands the Foreign Ministers do not offer nations, cannot be a democracy in the way eign Ministers, instead they shrug it off anything. They just draw on a widespread its member states are? The idea that the with their formula that “In many parts of prejudice; 57 percent of respondents in the only thing needed to create a European de- Europe, nationalism and populism is on above-mentioned survey believe that the mocracy would be a strong European Par- the rise [...].” It reminds one very much of EU is necessary “to be able to keep up ec- liament, is a naive illusion. (“Frankfurt- dictators who dismiss any criticism as a onomically with the superpowers China, er Allgemeine Zeitung” of 20 September) sinister machination and increasingly lose USA, Russia and India in future”. The Or an insidious deception of the citizens! touch with reality. Foreign Ministers argue that the European Good foreign ministers would have done The paper of the Foreign Ministers fo- states (interestingly the Ministers do not well to tackle the question of the future cuses on two key demands. First, they only speak about the EU but about “Eu- of Europe more honestly: in the sense of write: “The strengthening of the Econom- rope” – and maybe they mean it), could their oath for the benefit of their citizens ic and Monetary Union is an absolute pri- be successful in the pursuit of their val- but not any longer in the interest of who ority.” Another goal they seek, without ues and interests “only in unison”, given knows whom. • No 41 1 October 2012 Current Concerns Page 13

How to peacefully solve conflicts between ethnic groups The foundation of the Canton of Jura as a model for other countries by Dr iur Marianne Wüthrich

The emergence of the Canton of Jura on 1 January 1979 is a prime example of how a conflict can be solved in a democ- France racy between a population that wants to separate and the state it belongs to. Direct democratic Switzerland with its federal- ist structure is particularly well-suited, although in a representative democra- cy a similar approach would be possi- Porrentruy ble. Any sensible and democratic-minded contemporary will admit that the division Delémont of a territory that takes place in a legal- ly clearly regulated process must be pre- ferred to decades of dispute or, at worst, tona "solution" by military means. An in- dispensable requirement for the division Canton of a territory is that it is initiated from of Solothurn Canton (SO) below, i.e. by the people – and by no of Berne means by any interference from outside. (BE) A peaceful solution is possible if all par- ties are willing to do their part. The his- tory of the Canton of Jura shows that nei- ther was this solution easy in Switzerland, since it was preceded by decades of strug- Canton of Neuchâtel Lake of gle of many forces involved in the creation Infographie: Wikipedia, www.de.wikipedia.org/wiki/Kanton_Jura Biel of the new canton. It would be to the best of all nations and ethnic groups, if politicians and citizens in it usually has historical causes. This was well as the City of Berne. Through the their states took their time to delve into the the case of the Jura. It was annexed to the influence of the City of Berne the south- history of the Canton of Jura. What was Canton of Berne at the Congress of Vien- ern Jurassic areas that still belong to the achieved there could be done anywhere in na in 1815 by foreign powers, who neither Canton of Berne today, converted to the the world. The will for separation may not knew about the situation of the Jura nor Reformed faith, the northern Jura, howev- be forced on to the people by some foreign had they asked the people for their opin- er, remained Catholic and belonged to the intelligence agencies, but must come from ion. The tensions were inevitable, because jurisdiction of the bishopric until French the bottom, i.e. by the population. The cit- two very different cultures were bundled revolutionary troops occupied it at the end izens will be grateful to their government together: the Jurassiens were – and the of the 18th century. To this day French was if they can choose their nationality them- majority still are – Catholic and spoke and is spoken both in the Bernese Jura and selves: democratic self-determination con- French, while the Bernese were Reformed in the present Canton of Jura. tributes to the satisfaction of the people and spoke Swiss German. It actually In 1792, the French occupiers uncere- and opens the door for them to become cit- might have been possible that two such moniously made the entire Jura a part of izens who actively support their communes diverse ethnic groups could have come to the French Republic. At the 1815 Con- and their nation state. terms with each other, but it was of course gress of Vienna – at the time Switzerland not a merger of two equal peoples, since was still a Confederation of States – the On 1 January 1979 the Canton of Jura was the Jura regions were connected to the for- territory of the former diocese of Basel founded as the 26th canton of Switzerland, mer superpower Berne and had to submit was affiliated to the Canton of Berne in with all rights and obligations of a Swiss to Berne’s will. Accordingly, the displeas- order to compensate for its loss of Aargau member state. This was the end of a bit- ure of the Jurrassians flared up from time and Vaud, which definitely became inde- ter and protracted dispute with the Canton to time during the 19th and 20th century, pendent cantons for good. The victorious of Berne, which did not want to let go the eventually leading to the desire to sepa- powers in Vienna took great interest in the secession-willing areas and communes for rate from Berne in modern times. still big and strong Berne to defend the a long time. But it was also the Canton of borders against neighboring France. Berne, that frequently took important steps Antecedents The period between 1815 and the from the end of the 1940s to the 1970s and In medieval times, the area of today’s founding of the Swiss Confederation in helped to pave the way for the new canton. Canton of Jura belonged to the prince- 1848 was marked by political struggles bishopric Basel, an episcopally gov- between radical-liberal and conservative Involuntary affiliation erned territorial state. Under the pres- Catholic forces. So it happened in the as a starting point sure of the Reformation the archbishop Catholic parts of the Jura in the 19th cen- If the inhabitants of a region have – for moved his residence from Basel to Por- tury that there were tensions between the decades or even centuries – sought seces- rentruy in northern Jura in 1527. Basel sion from the state to which they belong, became Reformed in the 16th century, as continued on page 14 No 41 1 October 2012 Current Concerns Page 14

”How to peacefully solve …” that the government and parliament of the and establish an own canton, could no continued from page 13 Canton of Berne immediately tried to set- longer be contained. At the beginning tle. Already in 1949, the Parliament agreed of the 1950s, the Jurassic separatists or- authorities of the Canton of Berne and the to the legitimate claims of the Jurassiens for ganized themselves in the “Rassemble- population. an equal treatment of the French-speaking ment Jurassien (RJ)”: “Their goal is the Bernese and approved of 19 applications, Jura’s liberation from the Bernese guard- The Moeckli affair and the Bernese which were to improve the relationship ianship by creating an independent state constitutional amendment of 1950 between Old-Berne and the Jura, includ- or a Swiss canton. (www.groupebelier.ch, The demand for a separate canton had re- ing the improvement of the number of lec- translation Current Concerns). However, peatedly been raised in the course of histo- tures in French at the University of Berne to create a state independent of Switzer- ry, but it only began to develop as an inde- or polls on the requirement for a French- land was never seriously discussed. pendant project in the years following the speaking school in the city of Berne. That With a cantonal initiative the Rassem- Second World War. It was triggered by the the Canton of Berne had already had two blement called for a cantonal law aiming so-called Moeckli affair. Georges Moeck- official languages, French and German, be- at a subsequent implementation of a refer- li was a French-speaking member of the fore, was a matter of course in Switzerland. endum in the Jura mountains on the ques- governing council of the Bernese Jura. In In 1950, the Bernese population submit- tion of separation. It was not envisaged by September 1947 Moeckli wanted to take ted a constitutional amendment to the vote, that initiative to vote in the old part of the over the Construction and Railway Depart- which was to fix in Articles 1 and 2 of the canton on the question whether one would ment with the approval of the overall Gov- Constitution that the State covered “the peo- allow the Jura to leave. 23,336 signatures ernment Council after the death of a col- ple of the old part of the canton and the part for the initiative were collected in the en- league. The Grand Council (Parliament) of of Jura” and that the state power was based tire canton, of which about 20,600 were the Canton of Berne, however, preferred a “on the entirety of the people in the old part collected in the Jura. The Bernese Gov- party colleague of Moeckli from Grindel- of the canton and the Jura”. This wording ernment requested, to declare the initiative wald, who was German. Then there was a explicitly recognized the existence of a sep- as valid and present it to the people with- protest march with more than 2,000 partic- arate Jurassic people. On 29 October 1950 out a counter-proposal, the Grand Council ipants in Délémont, on whose occasion the the Bernese welcomed this so-called Jura of the canton agreed without an opposing creation of a Canton of Jura was requested. Statute with the overwhelming majority of vote. Here again, we see the willingness In this delicate situation, it became ob- 69,089 positive votes to 7,289 no-votes in all of the Bernese authorities to concede to vious that the Swiss were sensitive con- administrative districts, even more clearly the Jurassian. On 5 July 1959, the initia- cerning the issue of equal rights for ethnic in those of the Jura than in the old Bernese tive was clearly rejected with 80,141 votes groups of different languages and cultures. area. In 1951, the Government agreed with against and 23,130 votes in favor – with- In the course of their long history the con- the creation of a separate Jura flag. in the entire canton. In the seven Jurassic federates had to overcome these and similar administrative districts with a total 16,352 conflicts over and again – sometimes they Popular initiative in 1959 votes against and 15,159 votes in favor it did so with more and sometimes with less But the desire of many Jurassiens to sepa- was as well clearly rejected. Already at tact. The affair Moeckli was a mischance rate themselves from the Canton of Berne that time it showed that not all Jurassiens wanted an own canton: the three districts “In an era of growing omnipotence of al frictions could of course not be avoid- of Franches Montagnes, Delémont and the state the political affiliation of a ed. As the Jurassians represented quite Porrentruy – the same which approved French-speaking region set a difficult a small minority in their state – a mere the foundation of a Canton of Jura in their but at the same time nice task for the sixth of the total population, in 1880 a vote in the seventies – were in favor of the German-speaking canton of Bern. Above fifth, currently hardly a seventh – it was possibility of a plebiscite on the separation all, it fell to the canton to prove that it difficult even at the widest concession from the Canton of Berne, whilst Cour- was able to build a bridge between the to take away the fatal feeling that they telary, Laufental, Moutier and La Neu- Alemannic–speaking and the French- could be outvoted in case of conflict at veville voted against the draft. The partic- speaking Switzerland – following the ex- any time.” (P. 11) ipation in voting was at 85% in the Jura. ample of the other multilingual cantons Source: Adolf Gasser. Der Jura und der Fribourg, Valais and the Grisons. On the Kanton Bern. Reprinted from the com- Which way – violence or democracy? whole, Berne whose capital had strong- memorative volume “150 Jahre Bern- ly been impregnated by the French cul- er Jura 1815 – 1965”, with an addendum After the request for a referendum to ture for centuries, mastered the inflicted 1965 – 1977, Laufen 1977 found a Canton of Jura was on the table task not without some success. Occasion- (Translation Current Concerns) in 3 of the 7 districts of Jura, the situation remained unsettled. In various elections of cantonal councillors or other high-lev- Concerning the incident Georges Moeckli: el politicians tensions arose, if candidates “In close contact with the members of “Even concerning the issue of na- from the Jura suffered a rebuff, which the Jura Grand Council the Bernese can- tional emblems the Bernese govern- again resulted in the population’s resent- tonal authorities tried – after an initially ment was generous and in September ment. There was a further escalation when disheartening upsurge – conscientiously 1951 it ordered to hoist the newly cre- the Federal Military Department planned and loyally to appease the incurred ma- ated Jura coat of arms, which for sepa- a training ground for tanks in the Juras- laise and to meet the justified desires of ratists was the symbol of a future 23rd sic Franches Montagnes in the 1950s. The the Jura. Initially in 1949 the government Swiss canton, next to the national coat resistance of a part of the population led formally declared that the existence of a of arms from then on.” (P. 34) to a stop in the negotiations between pri- strong Canton of Jura, which was con- Source: Adolf Gasser. Der Jura und der vate landowners and the Federal Govern- scious of its own cultural and political Kanton Bern. Reprinted from the com- distinction and its independence and memorative volume “150 Jahre Bern- ment and the planned project was carried which safeguarded these values with all er Jura 1815 – 1965”, with an addendum out outside of Jura. Finally the Canton clarity and consistency, was of vital inter- 1965 – 1977, Laufen 1977 of Berne bought the place and sold it to est to the canton of Berne.” [...] (Translation Current Concerns) continued on page 15 No 41 1 October 2012 Current Concerns Page 15

”How to peacefully solve …” resolve the question of Jura. This “Commis- In general, the result was narrow, but continued from page 14 sion of 24” consisted of 12 senior Bernese with a turnout of 90% the separatists won and Jurassiens of various parties and po- with 36,802 yes-votes against 34,057 no- litical directions. The Rassemblement Ju- votes. Of the seven administrative dis- the Federal Administration, which want- rassien – which the Governing Council had tricts, three decided with much more pre- ed to establish a military equestrian cent- not accepted as partner in the talks – was dominance for a separation: Delémont, er there in 1962. A group of Jurassiens, also invited into this working group, but re- Franche Montagnes and Porrentruy. Three inspired by foreign resistance movements fused to cooperate. Especially Governing districts voted against: Courtelary and La in South Tyrol or Algeria, used the ques- Councilor Ernst Jaberg took the lead with Neuveville with a clear majority, Mouti- tion of the military training ground, to his democratic cast of mind and claimed er relatively narrow (7,069 yes, 9,330 no). proclaim their resistance against “Berne” that if the Jurassiens wanted a vote on an Moreover, the German speaking Laufen- – canton or federal capital – where they own canton, one should let them vote on it. tal voted against a separation. Thus, each partially left the democratic and constitu- 1968 the Cantonal Government con- district had voted in the same way as in tional way. sented in agreement with the Federal 1959. The militant youth organization “groupe Council, to employ four “Wise Men” a bélier” (French for “aries”, “battering ram”) “Commission of good offices”. It includ- 3) Referendum in South Jura was founded in 1962. The Béliers attracted ed the former Federal Councilor Max Pe- some attention in the Swiss population with titpierre and Friedrich Traugott Wahlen, The next step was that the opposing re- provocative actions in the 1960s and 1970s. the Vaud Cantonal Councillor (and later gions confirmed that they wanted to They sprayed large Jurassic flags on the federal) Pierre Graber and the Communal stay in the Canton of Berne. The cor- rocks, they caused a surprise by bricking Governor Raymond Broger from Appen- responding referendum was signed by up the door of the Bernese Town Hall and zell-Innerrhoden. The Commission should more than half of the citizens of the they noisily broke into the National Coun- mediate between the parties, without judg- South Jura (instead of the required 20%). cil Chamber in the middle of a session with ing the content of the reform proposals. Therefore, on 16 March 1975 they voted the Jura flag, which earned them a crim- Working out a procedure for establishing on the question “Do you want to remain in inal trial in the Federal Court. The ques- a new canton – the very first time for Swit- the Canton of Berne?”. At an even slight- tion of Jura had become a topic of discus- zerland – which should serve all those in- ly higher turnout than in June 1974, the sion in the whole of Switzerland – which volved as much as possible, was then rapid- results were similar as in 1959: The dis- was well- intended. While the Béliers were ly promoted and conducted within ten years. tricts of Courtelary and La Neuveville bordering more or less the illegal and thus voted for staying in the Canton of Berne were very popular, there unfortunately The foundation with a clear majority, as well as Moutier was also a second organization which car- of the Canton of Jura – a model although rather narrow. ried out clearly criminal actions: the un- derground organization “Front de Libé- 1) Creation of a legal basis in the 4) Referenda in border communes ration Jurassien” set fire and performed Bernese cantonal constitution bomb attacks on military barracks, but also In September 1975, 13 communes situated against buildings of prominent anti-separa- First, a new constitutional provision was on the new cantonal border were allowed tists. Some of the offenders were identified necessary to permit a referendum in the to decide on their cantonal affiliation. and punished by lengthy prison sentences. Jura on the issue of their separation from Moutier (quite narrow), Grandval, Perre- Such “resistance” encountered rightly lit- the canton: The entire population of the fitte, Rebévelier and the German-speaking tle understanding in the whole of the coun- canton had to decide on this fundamen- Schelten – all communes with a majori- try, but also in the Jura itself. What was still tal question. On 10 December 1969, the ty of Protestant inhabitants – remained in common in the struggle between state and Great Council adopted an “addendum to Berne; Genevez, Lajoux, Châtillon, Cour- church in the 19th century could no long- the constitution of the Canton of Berne re- rendlin, Rossemaison, Courchapoix, Cor- er pass in the second half of the 20th cen- garding the Jurassic part of the country” ban and Mervelier – all with a majority tury – particularly in Switzerland, where without dissent, which regulated a multi- of Catholic inhabitants – joined the Can- direct democracy offers non-violent ways. phase procedure for this project. ton of Jura. The will to separate by the people of the The referendum was held on 1 March Jura remained unrelinquished, as expressed 1970. The issue was approved with 5) Federal referendum in a “celebration of the Jurassic people” in 90,000 yes against 14,000 no votes, Delémont in 1964: over 35,000 people as- namely in all administrative districts of This change in the number of cantons re- sembled and bore witness to their connect- the Canton of Berne; in the Jura even at quired a change in the Swiss Federal Con- edness with the Jura and with each other. a ratio of 10:1. stitution. Thus, the addition of the new With this act, the population of the canton had to be approved by the peo- The democratic way prevails Canton of Berne had opened the path to ple and cantons so that in Article 1 of the The Bernese Government finally took the self-determination over the territorial affil- Federal Constitution the list of cantons courageous step towards a satisfactory solu- iation for the people living in the Jura. The could be supplemented with the Canton tion of the problem of the Jura. In a Govern- clear voice of the citizens – and the par- of Jura. The federal referendum was held ing Council report in 1963, it had rejected liament beforehand – is evidence of their on 24 September 1978. It was self-evident any talks with other representatives of the generosity and democratic convictions. for the Swiss population to respect the Jura except the Councillors (members of democratic settlement of the Jura prob- the cantonal parliament) yet. It had reject- 2) Referendum in the Jurassic part lem by the conflicting parties: With an ed as well any mediation from outside as an of the canton overwhelming majority of 1,300,000 yes interference into the internal affairs of the against 280,000 no-votes, and the approv- canton. But the insight finally prevailed that On 23 June 1974 the vote was held in the al of all states, the new canton was wel- something had to be done. In June 1967, the Jurassic districts. The poll question was comed to the Swiss Confederation. Bernese Government appointed a working short and clear:” Do you wish to form a group which should work out proposals to new canton?” continued on page 16 No 41 1 October 2012 Current Concerns Page 16

”How to peacefully solve …” territory. In the federal referendum on 10 representing all interested parties, ap- continued from page 15 March 1996, the accession of Vellerats to pointed by the Swiss Federation. Since the Canton of Jura was approved with a 2004 it has been preparing a new series 6) Some unresolved questions large popular majority and all votes of the of votes, in which everyone in the Jura stands. can once again decide whether they want Despite the elaborate process some open Since the total revision of the Federal to join to form a common Canton of Jura. problems remained. The Bernese consti- Constitution of 1999 a federal referendum For all peoples and ethnic groups it is to tutional amendment of 1970 did not allow is no longer provided when individual hope that politicians and citizens in their another shift of territory. Therefore the communes want to change their canton- states take the time to study the history of cantonal affiliation of some individual al affiliation or parts of it, but this can be the Canton of Jura. What could be done areas remained unsatisfactory, which was regulated by the concerned communes and here is possible anywhere in the world. not settled in accordance with the wishes cantons themselves. (BV Article 53) However, the will to separation may not of the people until much later. In 1974, the German-speaking commu- be imposed on a people by foreign intel- The Laufental, which has a Catholic nity Ederswiler decided against the crea- ligence agencies, but must be a bottom up majority but is German-speaking, voted tion of the Canton of Jura. However, due process and truly origin from the popula- in a popular vote of 14 September 1975 to its geographical location Ederswiler tion. The citizens will thank their govern- to remain in the Canton of Berne. Since was inevitably affiliated to the Canton of ment if they can choose their nationality the district was territorially separated from Jura. When the Laufental decided to join themselves: Because democratic self-de- Berne by the founding of the Canton of Basel-Land, Ederswiler did not have any termination contributes to the satisfaction Jura, the Berne constitutional amendment more common borders with other Bernese of the people and opens their way to be- of 1970 gave the Laufental the option to communes. The return of Ederswiler to come active citizens who endorse their join a third state later on. After a lengthy the Canton of Berne is therefore no longer communities and their nation-state de- procedure, the Laufental chose to join the up for discussion. sign. • Canton of Basel-Land in 1994. Despite the exemplary democrat- Sources: Canton of Jura, Wikipedia, http:// The small commune Vellerat with ic approach, there are still a few dis- en.wikipedia.org/wiki/Canton_of_Jura around 70 inhabitants belonged to the dis- satisfied people in the Canton of Jura Geschichte des Kantons Berne seit 1978. (Histo- trict Moutier, and therefore could not de- and the Bernese Jura, who insist on the ry of the Canton of Berne since 1798). Published termine their own cantonal affiliation in “unity of the entire Jurassic people.” by Historischer Verein des Kantons Bern (His- 1975. Since then the population strived to In true Swiss manner they have not re- torical Society of the Canton of Berne). Online join the Canton of Jura. Only after years mained unheard: In 1994, the Inter- edition 07/1998, www.digibern.ch/GKB1789/in- of negotiations, the Canton of Berne was Jurassic Assembly (Assemblée inter- dex3t4.html willing to agree to a further transfer of jurassienne) was formed – a commission Homepage of Groupe Bélier, www.groupebelier.ch

On the appeal of 113 parliamentarians for the Day of Prayer Thoughts of a secular non-parliamentarian Last week Current Concerns promi- zerland peace and prosperity for almost “That we attend to the disadvantaged nently reprinted the appeal for the Day two centuries. and weak people in Switzerland and in of Prayer of 113 parliamentarians on the “To thank for the freedom in which the world” – this would probably be the subject of gratitude and modesty. As sec- we live” means nothing else than being adequate response to our neutrality by ular non-parliamentarian I could have aware of the historical development and offering mediation as we did in Evian, signed spontaneously this appeal, con- the achievements of our ancestors. In our where in 1964 – with Switzerland’s help vinced and without anxieties, even if it current complacent modesty – represent- – the murderous Algeria war could be is formulated from a religious perspec- ing nothing more than convenient lack of declared over. A withdrawal from PfP tive. Why? interest and lack of historical knowledge (Partnership for Peace), a partner organ- In short: Nowadays, gratitude and mod- – we are in danger of taking our standard isation of NATO, would also be appro- esty are alternative concepts to the devas- of living, all the achievements of civiliza- priate, since NATO only serves imperi- tating globalization with its greed, unscru- tional development for granted. We rarely al greed. pulous profit thinking and striving for the wonder where they come from and under In short, gratitude and modesty are unlimited power. what hardships and conditions they have not just Christian values, they are found What do our parliamentarians appeal been created. in many religions. Indigenous peoples for? “To pray for wisdom and fair action for worldwide are still living these values It is first an appeal to the awareness all those who are responsible in govern- today in an impressive way. So there are “that we require a constant search for ment, business, churches and civil soci- reasons enough to pay heed to this touch- balance among the many linguistic, po- ety” – I would personally like to add to ing appeal. litical, and religious minorities in our this part of the appeal the serious request country”. In doing so, we all require and the uncompromising hint on the tasks Roland Güttinger modesty in terms of generosity, restraint, imposed on us by the Constitution which care and the knowledge that it was ex- every politician swore on. Our Constitu- actly this balance that has brought Swit- tion is a model for everyone in our society. (Translation Current Concerns)