11 January 2019 No 1 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

France — Revolt of the common people jpv. Since mid-November there has been “Ronds-Points” have become the heart is scattered and far apart – and some- a lot of talk about the “yellow vests” (“gi- of a French revolt of the common people where in between the Rond-Point. The lets jaunes”) in France and the surround- from the rural regions, mostly from the metropolises in which the winners of ing countries. The term is derived from lower middle class, who is not represent- globalisation are thinking about ecolo- the yellow warning vests, which must be ed by any party, feels marginalized by the gy and the future of transport are often carried in every car, and which the pro- globalized economy and despised by the more than a hundred kilometers away. testers wear as identification marks. Parisian elites. There is also little left of rural agricul- The demonstrations, initially organ- On the first weekends – before violent ture. The local farmers have largely dis- ized nationwide via social media, began attacks by organised groups of thugs took appeared, as have the grocery stores as a protest against additional fuel lev- over – they also travelled to Paris to ex- and craftsmen, post offices and rail- ies planned by President Emmanuel Ma- press their “Raz-de-bol” to the govern- way stations, bakeries and cafés. With- cron to finance and implement the energy ment and especially to the president. out a car, neither the workplace nor the turnaround in France; prices had already Historically, the Ronds-Points are no shopping facilities nor the doctor can risen by 18% in the course of the year. accidental arena. They are an expres- be reached. New are the industrial ag- This was the drop that broke the camel‘s sion of an urban sprawl that has been riculture, the single-family house in the back. going on since the 1960s, with disas- countryside, the “Hypermarché” (giant For several weeks now, and still today, trous ecological and social consequenc- supermarket), which all result in a large people, many of whom have never voted es that the current malaise has helped land consumption. or demonstrated, have been gathering at to cause. The old village, the industri- The following two articles deal with countless roundabouts throughout France al estate, the social housing estate, the the future of the yellow vests and the need to draw attention to their situation. The owner-occupied housing estate, all this for re-industrialisation in France. Yellow Vests: Future scenario by Myret Zaki, editor-in-chief of the business magazine “Bilan” of French-speaking Switzerland After the violent The expectations of most motivated, Elysée. The real sanction against Macron clashes of the last young, less anxious people, dedicated to will take place at the ballot box: For the weekends, Emma- opposition and activism, go far beyond the European elections in May 2019, Ma- nuel Macron’s an- president’s concessions, which they call rine Le Pen leads the polls with 24% of nouncements and “peanuts”. But they too will hesitate to es- the votes, ahead of LREM/Modem [centre- the shooting in calate the conflict – for lack of resources right] with 18%. But the real counter-reac- Strasbourg – what and in view of the mass arrests that took tion will be felt when the invoice for Ma- does the future of place before the 4th weekend on December cron’s announced measures is delivered to the Yellow Vest 8th. The demonstrators from the regions, the French lower and middle classes, since Myret Zaki movement look like who are still prepared to occupy passag- Macron has not recognized the “social” (picture wikipedia) in the medium and es and roundabouts, also remain, because nature of the difficulties and the neces- long term? What President Macron has by no means “found sary rebalancing and he has not prepared are the political and economic options? the way back into their hearts”, as his press reserves at the expense of the richest for spokesman had hoped. But even these dem- this account. This 10 billion Euro account Who is currently the enemy of the French: onstrators know that their activities, already will therefore inevitably reappear in the Emmanuel Macron or Cherif Chekatt? demanding a lot from them, will only be form of savings in social benefits and the Macron’s concessions, Strasbourg assas- met with repression, since the government purchasing power of the workers. It will sination? Will these events weaken the has already agreed to everything it was pre- soon be clear to the public that what was yellow vest movement? Many of us sus- pared to accept. A more coordinated mo- given with one hand will be taken away pect that the Yellow Vest movement is in bilization to paralyse the country’s econo- by the other under the pretext of the 3% danger of scattering. Women, the elderly, my is currently highly unlikely, as it would Maastricht deficit rule. Then the anti-EU peaceful demonstrators – after the some- cost its initiators – at a time when the gen- mood in France will reach its peak, trans- times very harsh violence suffered by eral movement is weakening – too much in forming itself into an Italian-style scenar- some demonstrators and made visible by economic and human terms. Effective joint io that could well lead to a victory for the social networks – will be little inclined to action can only take place in a concerted “Rassemblement national” (party of Ma- jeopardise their physical integrity in the lightning fast action, otherwise it will be- rine Le Pen). face of increasingly harsh, armoured and come too expensive in the long run. In reality Marine Le Pen is by no means well-equipped security forces. Then, as The movement will undoubtedly con- inevitable. At the moment she seems to be the Christmas holidays approach, fathers tinue to remain vivid in the social net- the only one who can benefit at the ballot and mothers will hesitate to let their chil- works, as a permanent opposition. In this box from the yellow vest movement, but dren travel to Paris to demonstrate. respect, Facebook is an opponent of the continued on page 2 No 1 11 January 2019 Current Concerns Page 2

The industry of France in 1968 (map left) and 2008 (map right)– part of the active population in secondary branch (Industry and building trade) (maps ma) ”Yellow vests: Future scenario” social and economic dumping and that he has fallen sharply and is reflected in a re- continued from page 1 is willing to save wherever there is waste cord debt [2018: 2,300 billion euros, edi- (excessive state centralism, military spend- tor’s note]. In concrete terms a plutocratic that’s for lack of better things. Because it ing abroad). But would the electoral pro- system means that the financial elite gov- is said everywhere (whether by supporters cess allow this? This depends on the extent erns the country and that the preferences or opponents of the Yellow Vests) that one to which France has transformed itself into of the richest – whether in domestic or for- has little idea who could take over the presi- an oligarchic-plutocratic system. In 2008, eign policy or with regard to an elected dency after Macron. There would therefore the US republican political scientist Francis presidential candidate – clearly predomi- be no valid substitute because the demands Fukuyama showed that the USA had trans- nate. In this system, political decisions are of the Yellow Vests were so different. “They formed themselves into such a system. indeed a question of financial and person- have no programme”, they say. This trend also awaits the old Western nel support. In France, would a candidate That is completely wrong. The “pro- democracies: the inequality of riches is at – who, unlike Emmanuel Macron, does gramme” of the Yellow Vests is clear, the its highest level since the beginning of the not receive 14 million euros from inves- message is precise: the French want to pos- last century. And since the 1980s, pub- tors and bankers and could therefore ben- sess purchasing power. In which language lic assets have been massively transferred efit from little personal and financial sup- should this be expressed? A candidate would into the private sphere, mainly through port from the richest – also have a chance have every chance who would say today that privatizations. States are becoming poorer today? • he wants to support small and medium-sized and they have no longer sufficient resourc- Source: https://www.bilan.ch/opinions/myret-za- French workers, giving them back their pur- es to protect citizens at the lower end of ki/cette-fois-le-krach-est-social?fbclid=IwAR31W gbhKA3vRo2dRQjSLoL564xlq6IqHm637RjOYcVj chasing power and quality of life, protect- the scale. While France’s national wealth Az0Yhl4NeBpyCgo from 19.12.2018 ing them from excessive immigration and has increased considerably, public wealth (Translation: Current Concerns) Urgent search for an industrial policy! by Jacques Myard, political scientist, French politician, Mayor of Maisons-Laffitte, France The crisis of the within the framework of the single cur- Several recent cases recall this sad re- yellow vests move- rency. ality: ment is a deep cri- Wages, pensions, allowances, etc. are – Ford’s refusal to allow another com- sis, largely the re- limited in order to reduce public spend- pany to take over its plant in Blanque- sult of the country’s ing. In the social field, the consequences fort (F), because it prefers a social plan internal devaluation are dramatic, as the example of Greece has with permanent closure of the plant. policy. This had be- shown; and France is taking the same road! The icing on the cake: the managers of come necessary However, the crisis of the yellow vests Ford refuse to talk to French Minister in order to comply should not make us forget another im- Bruno Le Maire, whom they consider a with the notorious portant issue: the sharp competition poli- negligible figure. Jacques Myard 3% deficit limit im- cy of Brussels, introduced by the Europe- – The activism of the notorious [US] Elli- (picture wikipedia) posed by Brussels; an Treaties - in other words, the lack of a ott Fund, which “creeps in” to compa- it is impossible to genuine national and European industrial change external currency exchange rates, policy to protect our businesses. continued on page 3 No 1 11 January 2019 Current Concerns Page 3

“The Italians would like to decide for themselves how to live” Direct democracy of Switzerland is a landmark for the new Italy To the north of the Alps, the policy of the Becchi replies to the accusation that rope of Fatherlands” should be reverted new Italian government is almost always peace is endangered by a more nationally to. After 1990 it was believed that „with severely criticised. But there are also ex- oriented policy: “It wasn‘t the idea of the na- the fall of the Iron Curtain the ‘end of hi- ceptions. On 21 November 2018, for exam- tion that was to blame for the terrible wars story’ had been reached and the idea of ple, the “Basler Zeitung” gave the Genoese of the 20th century. Who has instigated these the nation state was over, and everything legal philosopher Paolo Becchi the chance wars, the nation states or the empires?” would dissolve in globalisation. But that to speak in a detailed interview (“The enemy Nationalism can indeed “increase in was a fallacy.“ is no longer in Rome, but in Brussels”; dangerous imperialism”. But souverai- Most people “need roots, a home and https://bazonline.ch/ausland/europa/Der- nism has nothing to do with nationalism a state that takes them seriously and Feind-sitzt-nicht-mehr-in-Rom-sondern-in- at the expense of other countries: “It does where they can have a say”. Switzerland, Bruessel/story/28267401). From 2006 to not mean an absolute, centralist state, but with its extensive autonomy of the can- 2017 Becchi taught philosophy of law in Lu- a self-determined country with a federalist tons and its citizens’ direct codetermina- cerne. With Italy’s new government he sees state structure from below – just as I got to tion, is a model for the sovereign state “an opportunity for more federalism in Eu- know it in Switzerland.” of the 21st century. The EU, on the other rope and a reform of the EU”. Becchi adds: “This genuine federalism, hand, is “an undemocratic, leviathanic coupled with direct democratic elements, entity”. km. The new government cannot be clas- is a model for the future Italy.” Switzerland shows how even difficult sified in a left-right scheme, as it is wide- Not just for Italy it is about “people times can be overcome: “with federalism ly tried. Instead, the election results show: needing an identity and a home in which and direct democratic co-determination”. “In southern Italy people are fed up with they are at home and where as citizens Democracy and federalism need the old parties that simply managed the de- they [can] help determine their fate.” “sovereignty of the country, independence cline. Moreover, in the north, citizens want- The Italians want a federal and direct- from transnational bodies that are always ed more autonomy, more federalism.” [all democratic state where power is shared, undemocratic”. quotes translated by Current Concerns] distributed and thus limited. This has The new government in Italy has the Paolo Becchi hopes that with the new nothing to do with the catastrophes of the potential to go down this road to more government Italy “can regain its nation- 20th century. sovereignty and federalism – “and Swit- al identity externally and reform itself in- zerland should support Italy in this”. ternally”. Becchi: “The new distinction is The euro – a disaster for Italy At the end of the interview Becchi talks between sovereignists and globalists. […] The euro, on the other hand, is a real dis- about the EU’s obvious crisis: “I believe The Italians want to decide for themselves aster for countries like Italy. With the the crisis can only be solved if the nation how to live. They defend themselves euro, the countries of the South are “taken states experience a renaissance. I am Gen- against foreign rule by the global finan- hostage economically”. It is a “visible sign oese first, then Italian, and I feel culturally cial markets and globalised politics, above of Italy’s foreign rule”. European. But Europe is not the EU. The all by the bureaucrats from Brussels – and With regard to the EU, Becchi said latter must respect national identities, tra- they defend themselves against their pro- that the idea of “United States of Eu- ditions and political cultures if it is to sur- consuls in Rome.” rope” should be abandoned and “a Eu- vive.” •

”Urgent search for …” financial world. But the French Govern- China and India) monitor their industrial continued from page 2 ment and the other European govern- enterprises to protect them, if necessary, ments are even more decisive, permeated by sovereign measures against foreign ny shareholders and then “blackmails” by a liberal ideology, that is anchored in threats aimed at eliminating or taking the managers to obtain immediate divi- the marble of the European Treaties and control of competitors. dend gains, which are often contrary to desperately defended by the powerful “Di- By the way, it is symptomatic that corporate development policies. rectorate-General for Competition” of the France has no industry minister! – The announcement of corruption law- European Commission! France must act independently, create suits of the US Department of Justice It should be pointed out that the Treaty sovereign means to defend our companies, (DOJ) against Airbus should not ob- on the Functioning of the European Union but also apply the principle of reciprocity scure the very purpose of this manoeu- glorifies competition in nine articles (Ar- in our trade relations without fear of re- vre. The aim is to destabilise a Euro- ticles 101 to 109) of Title VII and deals taliation. pean competitor of Boeing by applying with industry only in Title XVII in a sin- In order for this to take place, we extraterritorial sanctions. gle article, Article 173. It states that state must stop following the Brussels ideol- – US sanctions against Teheran, which measures for industry must be compatible ogy of “free competition”; it is a ques- force French and European companies with “a system of open and competitive tion of sovereignty and national inde- to cease all activities in Iran. markets”. pendence! • The fault is certainly also with the Ameri­ Only the European Union believes Source: www.voltaire.fr/recherche-durgence-poli- cans and the multinational corporations, that “free competition” is at the heart of tique-industrielle/?mc_cid=0bea85fe21&mc_ which operate unhindered in a complete- the international economic and financial eid=4edb9980d5 from 22 December 2018 ly deregulated economic and, above all, world, while all states (led by the US, (Translation: Current Concerns) No 1 11 January 2019 Current Concerns Page 4

The United States refuse to fight for the transnational financiers by Thierry Meyssan, Political consultant, President-founder of the Réseau Voltaire (Voltaire Network), Damascus The US withdrawal member the conditions and the aim of the particularly the S-300 missiles and ultra- from Syria and Af- collaboration between Trump and Mattis. sophisticated radars coordinated by the ghanistan, as well As soon as he entered the White House, automated command and control system as the resignation of Donald Trump was careful to surround him- Polyana D4M1, changed the balance of General Mattis, at- self with three senior military officers with forces4. From that moment on, US mili- test to the upheaval enough authority to reposition the armed tary presence became counter-productive that is shaking the forces. Michael Flynn, John Kelly and es- – any ground attack by pro-US mercenar- current world order. pecially James Mattis, have since left or are ies could no longer be supported by US The United States in the process of leaving. All three men are aviation without the risk of losing aircraft. Thierry Meyssan are no longer the great soldiers who together had opposed By withdrawing now, the Pentagon (picture leaders, either on the their hierarchy during Obama’s presiden- avoids the test of power and the humilia- voltairenet) economic or the mil- cy1. They did not accept the strategy im- tion of an inevitable defeat. Indeed, Russia itary stage. They refuse to keep fighting for plemented by ambassador John Negropon- has successively refused to give the United the sole interests of the transnational finan- te for the creation of terrorist groups tasked States and Israel the security codes for the ciers. The alliances that they used to lead with stirring up a civil war in Iraq2. All three missiles delivered to Syria. This means that will begin to unravel, but without their erst- stood with President Trump to annul Wash- after years of Western arrogance, Moscow while allies admitting the powerful ascen- ington’s support for the jihadists. Nonethe- has declined the sharing of control of Syria sion of Russia and China. less, each of them had his own vision of the that it had accepted during the first Geneva On 19 December 2018, the announce- role of the United States in the world, and Conference in 2012, and that Washington ment of the partial withdrawal of US troops ended up clashing with the President. had violated a few weeks later. from Afghanistan and the total withdrawal The storm whipped up by the mid-term Apart from this, Moscow recognised from Syria sounded like a thunderclap. It elections has arrived3. The time has come a long time ago that US presence is ille- was followed the next day by the resigna- to rethink international relations. gal in terms of International Law, and that tion of Secretary for Defense, James Mat- Syria can legitimately act in self-defence. tis. Contrary to the affirmation of President Syria Trump’s opposition, the two men hold one When in April, as he had promised, Don- The consequences another in high esteem, and their differ- ald Trump mentioned US withdrawal from The decision to withdraw from Syria is ence of opinion has nothing to do with the Syria, the Pentagon persuaded him to stay. loaded with consequences. withdrawals, but with the manner in which Not that a few thousand men could turn the consequences should be managed. The the tide of war, but because their presence 1. Pseudo-Kurdistan United States are facing a choice which will acted as a counterweight to the Russian The Western project for the creation of a mark a separation and transform the world. influence and a backup for Israel. colonial state in the North-East of Syria Before anything else, in order to avoid However, the transfer of Russian weap- barking up the wrong tree, we should re- ons of defence to the Syrian Arab Army, continued on page 5 The purchase decision How Macron became president … or why to prefer a reading lamp rt. The use of PR campaigns that link mes- Libero, who told us that it was good for oth- While you can bring back or exchange sages with unconscious feelings in millisec- ers to determine our very own concerns. the hair dryer, which you have admired so onds has been perfected over the past ninety Or think of the meteoric rise of the so- much in the advertisement and acquired years. Based on the US American and neph- called movement En Marche by the youth- in a touch of buying frenzy, the damage ew of Sigmund Freud, Edward Bernays1, ful newcomer Emmanuel Macron. He caused in politics may be immense. A type the PR industry has developed increasing- surrounded himself with the aura that an- of product testing or liability, the right to ly sophisticated methods of influencing with ything would be possible with him. A PR return or exchange could perhaps be desir- the help of social sciences. It has become an campaign had succeeded in selling him as able and considerable in politics as well. everyday business to influence an addressee a savior, although his track record was not It is even better to postpone your own to certain behaviors far away from rational elaborate and his background was modest decision to buy the hair dryer for a short considerations. For example, positive feel- and his program promised nothing new. time, to think it over again or discuss it ings are awakened, but aversions can also His campaign was actively supported by with your spouse. Maybe buying a reading be generated. Products are linked to these financial circles on the other side of the lamp would be more sensible after all? • emotions. Sales figures show success: “Who Atlantic,3 as it often is the case. 1 compare Bernays, Edward. Propaganda. Die bought another hair dryer even though he After only a few months, the disil- Kunst der Public Relations. Berlin 2013 (Er- still has one at home?” lusionment began. Reality returned to stausgabe USA 1928) These techniques are used not only in the France. As if after an intoxication, one 2 compare Becker, Jörg. Krieg an der Propaganda- consumer sector, but also in the political and rubbed one’s eyes in amazement. How front: Wie PR-Agenturen und Medien die Öffentli- pre-political area PR agencies are hired.2 could that happen? Once again it had been chkeit entmündigen, in: Mies, Ullrich; Wernicke, Jens. Fassadendemokratie und tiefer Staat. Auf Not only products are sold, but also atti- hoped that everything would change with dem Weg in ein autoritäres Zeitalter. Wien 2017 tudes or political preferences. Think of the the next president, chancellor, king, mem- 3 compare. Meyssan, Thierry. “Who does Emmanuel short and networked presence of that young, ber of parliament, senator, and so on. At Macron owe?”, in: Current Concerns Nr. 29/30 dynamic and sympathetic troop Operation least a bit. Perhaps. As so often … from 7 January 2019 No 1 11 January 2019 Current Concerns Page 5

”The United Staes refuse …” sponsibility for this war. They were the It is in this context that General Mat- continued from page 4 ones who planned it and realised it within tis asked a fundamental question in his let- the framework of a unipolar world. On the ter of resignation11. He writes: “[…] One which would be attributed to the Kurds other hand, as a candidate, Donald Trump core belief I have always held is that our will not happen. Indeed, fewer and fewer accused these administrations of having strength as a nation is inextricably linked Kurds give it their support, considering failed to protect US citizens, but instead to the strength of our unique and compre- that this conquest would be comparable having served the interests of transnational hensive system of alliances and partner- to the unilateral proclamation of a state finance. As soon as he became President, ships. While the US remains the indispen- Israel by Jewish militia, in 1948. Mr Trump persistently cut his country’s sable nation in the free world, we cannot As we have often explained, Kurdistan support for the jihadists and withdrew his protect our interests or serve that role ef- would only be legitimate within the bound- men from the Greater Middle East. He fectively without maintaining strong alli- aries which were recognised by the Confé- must therefore be considered as one of ances and showing respect to those allies. rence de Sèvres in 1920, in other words, in the victors of this war, and could there- Like you, I have said from the beginning what is now Turkey, and nowhere else5. Yet fore logically avoid the US obligation to that the armed forces of the United States only a few weeks ago, the United States and pay for war damage caused by the transna- should not be the policeman of the world. France were still considering the possibil- tional companies implicated9. For him, it Instead, we must use all tools of American ity of creating a pseudo-Kurdistan on Arab is now a question of reorienting the armed power to provide for the common defense, land, and having it administered under a forces towards the defence of US territo- including providing effective leadership to UN mandate by the French ex-Minister for ry, ending the whole imperial system, and our alliances. 29 democracies demonstrated Foreign Affairs, Bernard Kouchner6. developing the US economy. that strength in their commitment to fight- ing alongside us following the 9-11 attack 2. The Cebrowski strategy Afghanistan on America. The Defeat-ISIS coalition of The Pentagon project for the last seventeen For the last few months, the United States 74 nations is further proof. […]” years in the “Greater Middle East” will not have been discreetly negotiating with the In other words, James Mattis does not happen. Conceived by Admiral Arthur Ce- Taliban for the conditions of their with- contest the logic of the withdrawal of US browski, it was aimed at destroying all the drawal from Afghanistan. A first round troops from Afghanistan and Syria, but state structures in the region, with the ex- of contact with ambassador Zalmay Khal- what will probably follow – the disloca- ception of Israel, Jordan and Lebanon7. This ilzad took place in Qatar. A second round tion of the alliances around the United plan, which began in Afghanistan, spread has just begun in the United Arab Emirates. States and finally, the possible disman- as far as Libya, and is still under way, will Apart from the two US and Taliban delega- tling of NATO. For the Secretary for De- come to an end on Syrian territory. tions, Saudi Arabia, the United Arab Emir- fense, the United States must reassure It is no longer acceptable that US ar- ates and Pakistan are also participating. A their allies by giving them the impres- mies fight with taxpayers’ funds for the delegation from the Afghan government has sion that they know what they are doing sole financial interests of global financi- also arrived, in the hope of joining in. and that they are the strongest. It matters ers, even if they are US citizens. It has been seventeen years since the little whether this is true or not, the point United States and the United Kingdom in- is to maintain the cohesion between the 3. US military supremacy vaded Afghanistan, officially in retaliation allies, whatever the cost. However, for The post-Soviet world order based on US for the attacks of 9/11. However, this war the President, there is a clear and present military supremacy is now dead. This followed the 2001 negotiations in Berlin danger. The United States have already may be difficult to accept, but that chang- and Geneva. The invasion was not aimed at lost their first economic status to China, es nothing. The Russian Federation is now stabilising this country in order to exploit it and now their first military place to Rus- more powerful, both in terms of conven- economically, but to destroy any form of a sia. It is necessary to cease being the one- tional weaponry (since 2015) and nuclear state in order to control its exploitation. So eyed man leading the blind, but first to weaponry (since 20188). The fact that the far, this has worked, since every day the sit- look after ones own. Russian armies are one third less numerous uation is worse than the day before. In this affair, James Mattis is acting like than those of the US, and have only isolat- Let’s note that Afghanistan’s misery a military man. He knows that a nation ed troop presence overseas, cancels out the began during the Carter presidency. Na- without allies is lost from the start. Don- hypothesis of Russian imperialism. tional Security Advisor, Zbigniew Brzezin- ald Trump thinks like the CEO of a com- ski, called on the Muslim Brotherhood and pany. He must first clean up the deficient The victors and the vanquished Israel to launch a campaign of terrorism affiliates which are threatening to sink his The war against Syria will end in the moths against the Communist government10. Ter- enterprise. • to come for lack of mercenaries. The deliv- rified, the government appealed to the Sovi- Source: Voltaire Network from 25 December 2018 ery of weapons by certain states, coordinat- ets to maintain order. The result was a four- ed by KKR funds, may drag the crime on teen-year war, followed by a civil war, and (Translation Pete Kimberley) for a short time, but does not offer the hope then followed by the Anglo-US invasion. of changing the course of events. After forty years of uninterrupted de- 1] Cobra II: The Inside Story of the Invasion and Occupation of Iraq, Michael Gordon & Bernard Without any possible doubt, the vic- struction, President Trump states that US Trainor, Atlantic Book, 2006. tors of this war are Syria, Russia and Iran, military presence is not the solution for 2 ISIS is US: The Shocking Truth Behind the Army of while the vanquished are the 114 states Afghanistan, it’s the problem. Terror, George Washington’s Blog, Wayne Madsen, which joined the “Friends of Syria”. Some Webster Griffin Tarpley, Syrian Girl Partisan, Pro- of these have not awaited defeat to cor- The place of the United States gressive Press, 2016. 3 “International relations: the calm before the rect their foreign policy. Indeed, the Unit- in today’s world storm?”, by Thierry Meyssan, Translation Pete ed Arab Emirates have just announced the By withdrawing half of the US troops le- Kimberley, Voltaire Network, 9 October 2018. forthcoming reopening of their embassy in gally stationed in Afghanistan and all of 4 “Why is the United States suddenly withdrawing Damascus. those illegally occupying Syria, Presi- from Syria?”, by Valentin Vasilescu, Translation Anoosha Boralessa, Voltaire Network, 21 Decem- However, the case of the United States dent Trump is keeping one of his elector- ber 2018. is more complex. The Bush Jr. and Obama al promises. He still has to withdraw the administrations shoulder the entire re- 7,000 men and women who remain. continued on page 6 No 1 11 January 2019 Current Concerns Page 6 Time to get out of Syria by Eric Margolis* President Trump er-ending wars abroad for arms production US in Abu Dhabi, may agreed to a 50% has done the right and promotions. western troops cut in order to begin peace thing with regard Trump’s abrupt pullout from Syria has talks. to America’s troop shocked and mortified Washington’s war The Afghan War has cost the US $1 tril- deployment in party and neocon fifth column. They were lion. Occupying parts of Iraq and Syria has Syria. Trump or- hoping reinforced US forces would go on cost a similar amount. Resistance against dered the 2,000 to attack Damascus and move against Ira- US rule continues in both nations. Mattis US troops based nian forces. It was amusing to watch the and his fellow generals really like these in Syria to get out anguish of such noted warlike chicken- wars, but civilian Trump does not. As a and come home. hawks as Sen. Lindsay Graham and the candidate he vowed to end these ‘stupid’ Eric Margolis fanatical national security advisor John wars. Let’s hope he succeeds over the bit- Neocons and the (picture Bolton as their hopes for a US war against ter objections of the Republican war party, US war party are ericmargolis.com) Syria diminished. Israel was equally dis- neocons, and military industrial complex. having apoplexy mayed: its strategic plan has long been to Syria is an ugly little sideshow. By con- even though there are some 50,000 US fragment Syria and gobble up the pieces. trast, Afghanistan is a dark blot on Ameri- troops spread across the rest of the Mid- The venerable imperial general and de- ca’s national honor. We watch with revul- east. fense secretary, Jim Mattis, couldn’t take sion and dismay as the US deploys B-52 The US troops parked in the Syrian this de-escalation. He resigned. Marine and B-1 heavy bombers to flatten Afghan Desert were doing next to nothing. Their General Mattis was one of the few honor- villages. We watch with disgust as the US avowed role was to fight the remnants of able and respected members of the Trump coddles the opium-dealing Afghan war- the ISIS movement and block any advanc- administration and a restraint on the pres- lords and their Communist allies – all in es by Iranian forces. As a unified fighting ident’s impulses. To his credit, he opposed the spurious name of ‘democracy.’ force, ISIS barely exists, if it ever did. the reintroduction of torture by US forces, If Trump wants to make America Cobbled together, armed and financed by a crime promoted by Trump, Bolton and great, he can start by ending the squalid the US, the Saudis and Gulf Emirates to Chicago enforcer Mike Pompeo. Syrian misadventure and the butchery in overthrow Syria’s regime, ISIS ran out of What really mattered was not a chunk Afghanistan. • control and became a menace to everyone. of the Syrian Desert. Matis’s resigna- Copyright Eric S. Margolis 2018 In fact, what the US was really doing tion may have been much more about Af- Source: www.ericmargolis.com was putting down a marker for a possible ghanistan, America’s longest war. The US from 22 December 2018 US future occupation of war-torn Syria has been defeated in Afghanistan, right- that risked constant clashes with Russian ly known as the ‘Graveyard of Empires.’ forces there. Yet no one in Washington can admit this We will breathe a big sigh of relief if defeat or order a retreat after wasting 17 Current Concerns the US deployment actually goes ahead: it years, a trillion dollars and thousands of The international journal for independent will remove a major risk of war with nu- Americans killed or wounded. Least of all, thought, ethical standards, moral responsibility, clear-armed Russia, whose forces are in Gen. Mattis, Bolton or Pompeo who bit- and for the promotion and respect of public international law, human rights Syria at the invitation of the recognized terly opposed any peace deal with the Tal- and humanitarian law government in Damascus. The US has no iban nationalist movement. strategic interest in Syria and no business According to unconfirmed media re- Publisher: Zeit-Fragen Cooperative at all being militarily involved there. Ex- ports, the US has already thinned out its Editor: Erika Vögeli cept perhaps that the war party wants nev- Afghan garrison of 14,000 plus soldiers. Address: Current Concerns, These soldiers’ main function is to guard P.O. Box, CH-8044 Zurich Phone: +41 (0)44 350 65 50 * the corrupt, drug-dealing Afghan puppet Eric S. Margolis is an award-winning, interna- Fax: +41 (0)44 350 65 51 tionally syndicated columnist. His articles have government in Kabul and fix Taliban forc- E-Mail: [email protected] appeared in the “New York Times”, the “Inter- es so they can be attacked by US airpower. national Herald Tribune”, the “Los Angeles Taliban insists it won’t begin serious Subscription details: Times”, “Times of London”, the “Gulf Times”, published regularly electronically as PDF file the “Khaleej Times”, “Nation” – Pakistan, negotiations until all US and 8,000 for- eign troops are withdrawn. In fact, Tali- Annual subscription rate of “Hurriyet”, – Turkey, “Sun Times” Malaysia SFr. 40,-, € 30,-, £ 25,-, $ 40,- and other news sites in Asia. ban, which has been quietly talking to the for the following countries: Australia, Austria, Belgium, Brunei, Canada, ”The United Staes refuse …” restores world bipolarity”, by Thierry Meyssan, Cyprus, , Denmark, Finland, France, Germany, Greece, Hongkong, Iceland, Ireland, Israel, Italy, continued from page 5 Translation Pete Kimberley, Voltaire Network, 6 March 2018. “Les moyens russes de Défense hy- Japan, Kuwait, Liechtenstein, Luxembourg, Nether- 5 “The Kurdistan projects”, by Thierry Meyssan, personique”, par Valentin Vasilescu, Traduction lands, New Zealand, Norway, Qatar, Singapore, Translation Pete Kimberley, Voltaire Network, Avic, Réseau Voltaire, 28 mai 2016. Spain, Sweden, Switzerland, United Arab ­Emirates, 5 September 2016. 9 “Seize the transnational corporations to rebuild United Kingdom, USA 6 “Bernard Kouchner enters Syria illegally”, Transla- Syria?”, by Thierry Meyssan, Translation Pete Annual subscription rate of tion Anoosha Boralessa, Voltaire Network, 14 De- Kimberley, Voltaire Network, 14 August 2018. SFr. 20,-, € 15,-, £ 12,50, $ 20,- cember 2018. 10 “Brzezinski: ‘Oui, la CIA est entrée en Afghani- for all other countries. 7 The Pentagon’s New Map, Thomas P. M. Barnett, stan avant les Russes …’”, par Zbigniew Brzezin- Account: Postscheck-Konto: PC 87-644472-4 Putnam Publishing Group, 2004. “The US military ski, Le Nouvel Observateur (France) , Réseau Vol- project for the world”, by Thierry Meyssan, Trans- taire, 15 janvier 1998. Charlie Wilson’s War: The The editors reserve the right to shorten letters to lation Pete Kimberley, Voltaire Network, 22 August Extraordinary Story of the Largest Covert Opera- the editor. Letters to the editor do not necessarily 2017. tion in History, George Crile III, Atlantic Monthly reflect the views and opinions of Current Concerns. Press, 2003. 8 Vladimir Putin Address to the Russian Federal As- © 2013. All rights reserved. No reproduction, copy or sembly, by Vladimir Putin, Voltaire Network, 11 “Resignation letter from James Mattis”, by James transmission of this publication may be made without written 1 March 2018. “The new Russian nuclear arsenal Mattis, Voltaire Network, 20 December 2018. permission. No 1 11 January 2019 Current Concerns Page 7

US President wants to pull out troops … … but Germany, France and Great Britain insist on continuing the war effort by Karl Müller It should not come as a surprise that the responsible German, French and British US withdrawal from Syria is overdue politicians are vigorously criticising the decision of the US government to with- “The withdrawal of US troops from Syria its geopolitical and geo-economic inter- is right and necessary. The anti-IS oper- ests – sometimes more and sometimes draw its troops from Syria and to cut the ation led by the USA with the participa- less. The IS is the result of the USA’s il- US troop contingent in Afghanistan by tion of the German armed forces (Bun- legal war of aggression against Iraq in half. They are not yet focused on peace deswehr) is in Syria, whether in Syrian 2003 for the purpose of overthrowing – do they still believe in a final victory? airspace or on Syrian soil, contrary to in- the government. The fact that the IS ternational law. This is also the opinion could also spill over into Syria also has On 18 December 2018 the German Nach- of the Scientific Service of the German to do with the regime change fanta- denkseiten (https://www.nachdenkseiten. Bundestag in a report commissioned by sies of the West. To this day, there is a de/?p=47919) again called attention to me, among others. But the withdrawal strong desire in the western capitals to the source of final victory fantasies by is not only to be welcomed from a legal install a pro-Western regime in Syria. publishing extracts of two speeches by US perspective, but also from a political The Western ‘engagement’ in Syria was Americans in German translation: one by point of view”, said Alexander Neu, for never problem-solving but aggravated the parliamentary group Die Linke, cair- the conflict and was carried out on the the former US general Wesley Clark (com- man in the Defence Committee. backs of the people of Syria. […]” mander-in-chief for the NATO troops dur- Neu continues: “Anyone who regrets Source: Extract from a press release by ing the Kosovo War in 1999), given on 3 the USA’s withdrawal from Syria or re- Alexander S. Neu, 21.12.2018; https:// October 2007 in San Francisco, the other gards it as a mistake overlooks the fact www.linksfraktion.de/presse/pressemit- by George Friedman (former head of the that the chaos in the Middle East re- teilungen/detail/us-abzug-aus-syrien-ist- private news agency Stratfor), given on 4 gion was essentially created by the USA ueberfaellig/ February 2015 in Chicago. Both speech- and its allies. The USA openly pursues (Translation Current Concerns) es have been well known for a long time – but we tend to forget so fast. Here we will only refer to the former lise the Middle East, turn it upside down, the now planned withdrawal are debata- US general’s speech. More than ten years and make it under our control.” ble. But it is a fact: The US government’s ago, Wesley Clark spoke about his expe- decision to withdraw US troops from the riences when visiting the Pentagon while The war in Syria country is not only a logical consequence he was still an active US general. Clark Many are aware that the US have fostered from a military defeat but also a first step explained that after 11 September 2001 the war against the Syrian government and towards restoring law. We can agree with there had been a “policy coup”: “Some the Syrian state from the beginning, that the reaction of the Russian Foreign Min- hard-nosed people took over the direc- is since 2011, with various means and that ister Lavrov who reservedly welcomed tion of American policy […]” He illus- troops have officially been stationed in the US American announcement: “Any trated this statement with the example of Syria for a while now. But the official nar- withdrawal of troops illegally present in the war plans contrived 2001 in the Pen- rative about the war of an international co- a country is a step in the right direction.” tagon, citing an officer working there he alition against the IS is, if at all, only re- It remains to be seen if the US Ameri- had talked to: “I just got this memo from flects a small part of the truth. More than can handing over the baton to Turkey will the Secretary of Defence’s office and it ten years ago Wesley Clark spoke about find a legally permissible route. The min- says we’re going to attack and destroy the the real plans. Today it is necessary to add: imum prerequisite would be an agreement governments in seven countries within Unfortunately, the US American war party between the Turkish and Syrian govern- five years. We’re going to start with Iraq has extended beyond the Neo-Conserv- ments. The responsible persons, who are and then we’ll move on to Syria, Leba- atives. The narrative of the “War on Ter- resigning and protesting loudly, however, non, Libya, Somalia, Sudan and Iran.” rorism” was meant to conceal the fact that have to explain their position in all this. operation of all military and non-military The parting US Secretary of Defence Paul Wolfowitz: forces in Syria, which had been active there Mattis has already done so. For him the “The Soviets won’t stop us” without an invitation by the Syrian govern- US withdrawal is a setback relative to Clark realised that these plans had a long ment, violated and still violate valid inter- “countries whose strategic interests are in- lead time. He remembered talking to national law so that the withdrawal of all creasingly in tension with ours.” (Source: Paul Wolfowitz in 1991 after the Second these foreign forces is nothing but a legal New York Times, 21 December 2018), ex- Gulf War. Wolfowitz was disappointed matter of course – not to mention the legal plicitly mentioning China and Russia. In- that Saddam Hussein had not been over- prosecution of these acts and the justified terestingly the exact same tenor is coming thrown. Still he was satisfied with the re- claims for compensation. After all, as a from Germany. Is it concern for the wel- sult of the war: “We have learned that we consequence of this foreign intervention, fare of Syria and the Syrians? Hardly! can use our military in the Middle East never approved by the Syrian government, region and the Soviets won’t stop us.” the war in Syria has claimed the lives of Germany, France and Great Britain And then Clark summed up, putting it hundreds of thousands of people. present themselves as a war party straight: “This country was taken over by Yes, the official reactions from Germany, a group of people with a policy coup. Wol- The US plan has not worked out France and Great Britain have put transat- fowitz and Cheney and Rumsfeld and you But the US plan has not worked out. Rus- lantic relations upside down. In face of an could name a half dozen other collabora- sian and Iranian support for the Syrian ongoing breach of international law, what tors from the ‘Project for a New Ameri- government and for Syria has thwarted can Century’. They wanted us to destabi- it. The US President’s attempts to explain continued on page 8 No 1 11 January 2019 Current Concerns Page 8

Right to self-determination, sovereignty, Lisbon treaty by Professor Dr iur. et phil. Alfred de Zayas, Geneva School of Diplomacy “The right to one’s homeland is not only the most important collective human right “Democracy entails the self-determination of peoples to but creates the preconditions to the enjoy- ment of many individual human rights.” decide about their status as independent, federal, associ- ated social entity, it means free choice of the form of gov- Prof. Otto Kimminich, Das Recht auf die Heimat, 1989, S. 201 ernment and societal order the people want to adopt for themselves.” “There is a right to one’s homeland and it is a human right.” are opinion polls, people’s initiatives, ref- love of truth and reliability is an ethical Prof. Robert Redslob, Académie de erendums and elections. issue and obligation. When discussing the Droit Internationale, The Hague, 1931 right to self-determination in our times, Democracy means free we should go beyond the historical per- Ladies and Gen- self-determination of the people spective of Woodrow Wilson’s 14 Points, tlemen, Democracy entails the self-determination his ideas about autonomy and secession. Democracy means of peoples to decide about their status as Basically, the right to self-determination sovereignty of the independent, federal, associated social en- is already laid down in natural law, in the people. For its ful- tity, it means free choice of the form of thoughts of Greek and Roman philoso- filment education government and societal order the people phers, in the treatises of Cicero and Sen- and comprehensive want to adopt for themselves. eca, in the writing of Francisco de Vito- information are re- Democracy is dynamic and needs to be ria in the 16th century, Hugo Grotius in the quired, truthful re- exercised and brought to life daily. It will 17th century, John Locke and Jean-Jacques porting and free- not just happen like a “big bang”. Self-de- Rousseau in the 18th century. Our convic- dom of opinion and termination is no singular event either but tion that peoples’ sovereignty is insepara- Alfred de Zayas expression among needs to be consciously practised and stay ble from ethics is relevant for us in the 21st (picture ma) other things. Sov- flexible so that people may shape their fu- century. We need to take the human rights ereignty of the people is founded on histo- ture themselves, so that they have real op- seriously as they were defined in the UN ry, culture, language, identity and the idea tions to choose from, so that politicians Covenants, in the European Convention of one’s homeland. Its ways of expression act transparently and are held accountable. on human rights and in several other trea- Obviously, free self-determination ap- ties and resolutions so that we can demand * Professor Alfred de Zayas was UN-Special Cor- plies, first of all, to the current generation from governments and institutions, includ- respondent for the promotion of a democratic and fair international order from 2012–2018. He pre- which exercises this right, but it does not ing the European Commission and the Eu- sented the text printed here at the conference of restrict the right of future generations to ropean Parliament, to proactively promote the Desidenias Erasmus Foundation in Berlin on modify its model and define themselves all human rights including the peoples´ 10 November 2018. The theme of the conference differently. Indeed, the right to self-de- rights to self-determination and to their was: “100 years after the end of World War one: The European peace order since 1918 and the termination is so fundamental in its in- homelands instead of merely paying lip right of self-determination of people”. dividual and collective dimensions that service to democracy and rule of law. it is indispensable – like the right to life – because it belongs to the ontology of Demophobia – the undemocratic ”US President wants to pull …” attitude of Brussels continued from page 7 humankind. A people’s future is based on their origin, homeland, identity, cul- The European Union laid down the prin- kind of “argument” is French President ture and continuity. Human beings shape ciples of freedom, democracy, human Macron’s criticism of the US withdraw- their own future in free solidarity and mu- rights and fundamental freedoms as well al: “An ally must be reliable.”? In light tual respect with their fellow human be- as the rule of law in the Maastricht trea- Macron demands nothing other than “the ings. This is neither mere phraseology nor ty of the EU in February 1992. Moreover, honor between crooks”. On 21 December “populism”, but human dignity. Europe according to article 2 of the Lisbon trea- the “Neue Zürcher Zeitung” ran the head- has experienced several blends of totali- ty of 2009 the European Union is bound line “Paris and London want to continue tarianism including several that actually to actively promote these values. However, the fight in Syria”. How is this different call themselves “democratic”. Pseudo- we witness a growing threat by an undem- from the “return of the gamblers”? The facts, pseudo-history, pseudo-justice and ocratic spirit taking hold of the Brussels German parties in the Bundestag – with pseudo-diplomacy, will, however, corrupt bureaucracy which can be described as the exception of Die Linke and the AfD democracy in the long run. Therefore, demophobia – fear of the people and ref- – have formed a grand coalition of “let’s we are called to remember the essentials erendums. This totalitarian attitude chal- move on”, targeting Donald Trump in par- and join in with Immanuel Kant, saying: lenges the sovereignty of their own mem- ticular. But obviously the opponent is not Sapere aude! We should be courageous ber states and the rights of all European just a person but a policy rejecting the cur- enough to live our convictions and prove citizens. rent globalisation-imperialism. this courage in daily routine, stand up for Where, I am wondering and appalled, open debate and the establishment of dem- The treaties of Versailles is the German contribution to law and ocratic institutions, for the freedom of in- and St. Germain peace? Where is respect for the Grundge- formation and opinion, for open debate Let us go back to the armistice of 11 No- setz? – And once again the German speak- without a priori. Far from being merely a vember 1918, for a moment, to the negoti- ing mainstream media are seconding like question of law and order, upholding val- puppets. • ues like decency, honour, sense of justice, continued on page 9 No 1 11 January 2019 Current Concerns Page 9

”Right to self-determination, …” the Germans and Austrians to hold peo- world war. For-instance the Sudeten ques- continued from page 8 ples’ referendums about a unification and tion. In their report of March 10th 1919 the establish it if a majority had voted in fa- American expert commission under Har- ations in Paris 1919, to the treaties of Ver- vour? However, this was exactly what the vard Professor Archibald Cary Coolidge sailles, Saint Germain and Trianon and “Principal Allied and Associated Powers” had warned that the Germans would prove the violation of the right to self-determi- did not want to happen, because their goal “hard to swallow” and should not be put nation by the dictates of the “Principal Al- was to weaken Germany and Austria and under foreign rule: “Assigning the whole lied and Associated Powers”. The right to remove them as economic and commer- territory which they claim to the Czech- self-determination of 3,5 million German cial competitors. oslovaks would not only mean injustice Austrians from Bohemia, Moravia, Sile- for millions of people who don’t want to sia and Slovakia, their right to live within Right to self-determination be put under Czech rule but it might also German or Austrian borders was denied ignored by the Victors be dangerous or even fateful for the future and they were forcefully made citizens of On the eve before the treaty of St. Ger- of the new state. […].” Coolidge there- Czechoslovakia, without the opportuni- main was signed the Austrian parliament fore suggested to unite some of the Ger- ty to hold a plebiscite. Two hundred thou- passed the following declaration: “The man territories with Germany and some sand German Austrians from South Tirol National assembly solemnly declares its with Austria. When the German-Bohemi- were treated similarly, forced under Ital- protest to the world against the peace trea- ans and German-Moravians demonstrated peacefully for their right to self-determi- nation throughout Czechoslovakia 54 of them were killed. Afterwards Professor “Indeed, too many wars have been started because of violations to Coolidge wrote: “The blood that was shed the right to self-determination. Therefore, the exercise of the right on March 4th when Czech soldiers opened fire in several cities on the German crowds to self-determination should be understood as politics to promote or was shed in a way which will be hard to maintain peace. It also serves as a preventive strategy to avoid armed forgive […].” conflicts.” Theory and practice of the right to self-determination ian rule, despite point 9 of Wilson’s 14 ty of St. Germain which denies the Ger- Allow me to proceed now to theory and Points which stipulated: “A readjustment man-Austrian people their right to self- practice of the right to self-determination. of the frontiers of Italy should be effected determination […] under the pretext of This had been the topic of my report to along clearly recognisable lines of nation- protecting the independence of German- the UN General assembly in October 2014 ality.” (joint session of Congress on Janu- Austria. […] The National assembly testi- in which I defined clear rules for its exer- ary 8, 1918). The way the borders of Po- fies to their hope that the league of nations cise. (UN Doc. A/69/272). As we know, land were drawn left another two million will no longer deny the same right to unity international law is dynamic. We witness Germans on the territory of the newly es- and freedom to the German people which the right to self-determination constantly tablished Polish state where they, too, is granted to all other nations, once peace developing further, from the early ideals were basically unwanted and discriminat- will have overcome the spirit of national of Woodrow Wilson via the Estonian dec- ed against. Sure enough, Germany, Aus- hatred and hostility created by the war.” laration of independence 1918, the com- tria, Poland, Czechoslovakia and Italy Ten years later the German and Austrian muniques of the League of Nations, the were all bound by the League of Nations governments decided to form a customs minority protection treaties, article 3 of minority protection treaty. But thousands union which was certainly a legitimate the Atlantic charter 1941, article 1(2) of of petitions in the archives of the League idea during the world economic crisis and the UN charter, chapters XI and XII of at Geneva testify that minority protection expression of the right to self-determina- the Charter, resolution 1514 of the Gen- did not really work. Both as historian and tion of the Germans and Austrians. Even eral Assembly regarding decolonisation as expert on international law, I am con- Winston Churchill thought so, who en- (1960), the decolonisation process in in vinced that the systematic injustice in the dorsed the project as a means of strength- Africa and Asia, the failed struggle of the legal framework of Versailles and St. Ger- ening the democratic German government Igbos of Biafra for their self-determina- main considerably contributed to the ten- of Heinrich Brüning. The British Foreign tion and independence from Nigeria 1967– sions leading to the outbreak of the Sec- Office on the other hand voiced their con- 1970, resolutions 2625 of 1970 and 3314 of ond World War, together, of course, with cern about tensions resulting from the op- 1974, the declaration of independence of other geopolitical and economic factors. position to the customs union by the gov- Bangladesh in 1971 and the Indian-Paki- Allow me now to explain this in more ernments of France and Czechoslovakia . stani war, the Advisory Opinion of the In- detail: We all know that the peoples’ right Noteworthy though, Britain did not doubt ternational Court of Justice on West Sa- to self-determination includes not only the the political-legal legitimacy of the cus- hara in 1975, the implementation of the rights to autonomy and secession but also toms union. French prime minister Pierre International Covenant on Civil and Po- the right to unification or reunification. Laval’s rejuection of the German-Austri- litical Rights and the International Cov- Article 80 of the Versailles treaty read: an customs union was formulated on the enant on Economic, Social and Cultural “Germany acknowledges and will re- basis of the treaties of Versailles and St. Rights (both in 1976), the joint article 1 spect strictly the independence of Austria Germain. The ensuing diplomatic deba- of which lays down the right to self-deter- […]”Article 88 of the treaty of St. Ger- cle considerably weakened the democrat- mination of peoples, the Vienna Declara- main read: “The independence of Austria ic government of Heinrich Brüning and tion and Programme of Action of 1993, is inalienable[…]. Consequently Austria eventually contributed to its downfall in the referendum on independence of Que- undertakes […] to abstain from any act May 1932. Barely 8 months later Adolf bec in 1995, the referendum on independ- which might directly or indirectly or by Hitler seized power. ence and secession of Nagorny Karabach any means whatever compromise her in- The unjust regulations of the Versailles in 1988 and the resulting wars against dependence.” Would the spirit of Wilson’s and St. Germain treaties also lead to con- 14 Points not have suggested to leave it to flicts which later culminated in the second continued on page 10 No 1 11 January 2019 Current Concerns Page 10

”Right to self-determination, …” is universal per definition and cannot be Organization of American states, the Af- continued from page 9 applied selectively. While Kosovo is no rican Union, the OSCE and other interna- member of the UN, it still is a factual state tional organizations should develop alert- Azerbaijan 1992–1994 including the today. Although international recognition ing mechanisms and offer mediation and OSCE mediation efforts, the dissolution of states is only declaratory and no defin- good services to solve self-determination of the Soviet Union into 15 republics and ing attribute of statehood, it is in the inter- issues before they grow into violent con- the resulting wars 1991–1992, the unilat- est of the international community to inte- frontations. eral declarations of independence of Ab- grate factual states into the UN as soon as khazia and Southern Ossetia, the unilat- possible to enable them to sign the Cov- Even after decolonisation the right to eral declarations of independence of the enants of the United Nations, especially self-determination remains valid separatist regions of Yugoslavia and the those concerning the human rights. With the completion of decolonisation resulting wars, the separation in mutual the right to self-determination has by no agreement of the Czech and Slovak Re- Self-determination – means become superfluous. The right is publics in 1993, the Eritrean referendum binding international law more vivid and necessary today than ever of 1993, the NATO bombardment of Ser- In the hierarchy of international law the before. Allow me now to briefly allude to bia in 1999 and the subsequent dissolu- right to self-determination is considered the UN Covenant on Civil and Political tion of its territorial integrity, the refer- as binding (ius cogens). Still the execution Rights. Its article 1, paragraph 1 rules: endum if independence of East Timor in of this right is not always easy. In other “All peoples have the right of self-de- 1999, the failed war of independence of words, it is not self-executing. Just like termination. By virtue of that right they the Tamils in Sri Lanka 1983 to 2009, the the illegal bombardment of Yugoslavia freely determine their political status and unilateral declaration of independence of 1999 and the invasion and bombardment freely pursue their economic, social and Kosovo in 2008 and the Advisory Opin- of Iraq 2003 violated the prohibition of cultural development.” That means the ion of the International Court of Justice in use of force, another norm of ius cogens subjects of this law are the peoples – all 2010, the referendum of South Sudan in (article 2/4 of the UN Charter), as Gener- peoples, that is, not only the former co- 2011, the referendum of Crimea in 2014 al secretary Kofi Annan pointed out when lonialised ones. The Vienna Conventi- and its reunification with Russia, the fac- he referred to Iraq as an “illegal war”, vi- on on the Law of Treaties does not allow tual separation of the Donetsk and Lugan- olations of the right to self-determination another interpretation. Paragraph 3 rules: sk regions from Ukraine in 2014, the Scot- have occurred many times without reper- “The States Parties to the present Cove- tish referendum of 2014, the referendum in cussions against the violators. Yet, it is im- nant […] shall promote the realization Iraqi Kurdistan in 2017, to the referendum portant to recognise that violations of the of the right of self-determination […].” in Catalonia 2017 and in New Caledonia right to self-determination or the prohibi- This means that all states parties need to 2018 and so on. tion of use of force do not nullify or re- take positive measures to enable people Obviously, there are different ways to duce the continued legal validity of these to exercise their right to self-determina- exercise the right to self-determination. international norms. They just testify yet tion. This means not only refraining from Internal self-determination may be exer- again to the lack of implementation mech- creating obstacles to self-determination, cised as autonomy or federalism. Exter- anisms in the UN system as well as to the but an obligation to actively help the peo- nal self-determination is exercised by se- fact that all too often there are no enforce- ples to implement their rights. However, cession or unification with another state. able penalties for war crimes and crimes even though as ius cogens the right goes According to the Advisory Opinion of the against humanity. beyond “hard law”, we see it all the time International Court of Justice on Koso- that the right to self-determination is in- vo (2010) a unilateral declaration of in- Too many wars because of violations of voked selectively – international law à la dependence does not violate international the right to self-determination carte, that is. For example, Slovenians, law. Perhaps the most important state- Territorial integrity is a central principle Croats and the Albanian population of ment in this Advisory Opinion of the In- of international law and international re- Kosovo gained independence from Yugo- ternational Court concerns the principle of lations and it is especially important when slavia. But the Serbs from the Krajina, the “territorial integrity” and stipulates that it strengthens peace and stability of the in- Republika Srpska, from Northern Mitro- it does not restrict the right to self-deter- ternational community. The same is true vica, Leposavic, Zvecan, Potok and Zubin mination or secession because all cases for the right to self-determination of the were not granted unification with Serbia where the principle of territorial integrity people. Indeed, too many wars have been which they were striving for. Year after has been defined in international law – be started because of violations to the right to year the Secretary General of the United it in Article 2(4) of the UN charter, in res- self-determination. Therefore, the exercise Nations presents his annual report about olution 2625 of the General Assembly, in of the right to self-determination should the implementation of the right to self-de- the declaration of Helsinki 1975 etc. – deal be understood as politics to promote or termination to the General Assembly. For with the protection of territorial integrity maintain peace. It also serves as a preven- many years, however, there have not been of a state from external use of force, or tive strategy to avoid armed conflicts. The many achievements to report. The issue is the prohibition of invasion or occupation best way to find out whether a group of not off the table though, and many non- of the territory of a state by another. No people want autonomy or independence is government organizations such as the Un- state can invoke it against its own people. to hold a plebiscite. The United Nations represented Nations and Peoples Organi- Never can the principle of territorial integ- organized such plebiscites in Ethiopia/ zation (UNPO) provide solid reports to rity invalidate the higher value of the right Eritrea, East Timor and in South Sudan, enhance the debates in the UN. to self-determination of the people. As but only after tens of thousands of peo- the court put it: “The scope of the princi- ple had lost their lives in preventable wars. On the topic of sovereignty ple of territorial integrity is confined to the It would have been better had the Unit- As we all know, in a democracy the sov- sphere of relations between States.” (par- ed Nations acted before the wars started, ereign in the state are the people. Heads agraph 80). Undoubtedly the secession with mediation and the organization of of state and parliaments may only refer to of Kosovo from Serbia has set an impor- plebiscites, with all necessary guarantees themselves as democrats so long as they tant precedent in international law which and monitoring mechanisms. In future the cannot be ignored since international law United Nations, the European Union the continued on page 11 No 1 11 January 2019 Current Concerns Page 11

”Right to self-determination, …”…” continued from page 10 “As for the European Union, the initial idea of economic co-opera- really represent the people. Therefore, the tion between the European states, abolition of customs etc. is excel- model of semi-direct democracy in Swit- lent for trade and may contribute to the common good. But this co- zerland may be the best one. In 2017 I be- came a Swiss citizen - and I value our operation must not be conducted to the detriment of the less wealthy democratic model which provides as much states or hamper the social rights, culture and identity of the Euro- participation of the people as possible. Just in the year 2018 alone I have already pean peoples.” voted in 5 elections or referenda and I like that, since the feeling of community and European Parliament or by the Eu- security depends to a certain degree on a with the sovereignty of the states, too, and ropean Commission, the Council, sense of being taken seriously, that poli- also with their obligation to honour their acting by a majority of four fifths of ticians are our servants and not the other human rights commitments and especial- its members after obtaining the con- way around. There are, nevertheless, ob- ly the economic, social and cultural rights. sent of the European Parliament, stacles to the execution of peoples´ sover- As for the European Union, the initial may determine that there is a clear eignty. Some international treaties hamper idea of economic co-operation between risk of a serious breach by a Mem- the execution of peoples´ sovereignty. So- the European states, abolition of customs ber State of the values referred to in called free-trade agreements imply grave etc. is excellent for trade and may contrib- Article 2. […].” dangers for the sovereignty of the States ute to the common good. But this co-op- parties. As I warned in my report to the eration must not be conducted to the detri- Paragraph 3 rules: Human Rights Council and to the Gener- ment of the less wealthy states or hamper “Where a determination under par- al Assembly, some parts of these treaties the social rights, culture and identity of agraph 2 has been made, the Coun- are “contra bonos mores”, against public the European peoples. I observe with cil, acting by a qualified majority, policy, because they corrupt crucial func- concern that the European Union inter- may decide to suspend certain of the tions of the state, as the United Nations feres more and more with the internal af- rights deriving from the application Conference on Trade and Development fairs of their member states, ignoring the of the Treaties to the Member State (UNCTAD) has pointed out several times. peoples’ will (and right!) to preserve their in question, including the voting Especially the so-called Investor-State- homelands and identities. That is the rea- rights of the representative of the Dispute-Settlement (ISDS) Mechanisms son why resistance is growing not only in government of that Member State in turn the rule of law upside down. For 200 England but also in Italy, Poland, Hunga- the Council. In doing so, the Coun- years Europeans have been developing ry, The Czech and Slovak republics etc. cil shall take into account the possi- and perfecting the model of rule of law ble consequences of such a suspen- characterised by public and independent Some remarks about the Lisbon treaty sion on the rights and obligations of courts, which need to be not only compe- The member states of the European Union natural and legal persons.» tent but also transparent and accountable. have been bound by the Lisbon treaty ac- This is seriously undermined by the crea- cording to international law since Decem- As pointed out in the beginning, all too tion of a parallel system which empowers ber 2009. often international law is implemented se- three arbiters to ignore national laws and Article 2 of the treaty reads: lectively and arbitrarily – for-instance by even the judgments of the highest state tri- the European Commission when they sue “The Union is founded on the val- ubunals. To make matters worse, there is Hungary and Poland under article 7 but not ues of respect for human dignity, no right to appeal against the decisions of Spain, despite severe violations of the right freedom, democracy, equality, the those arbiters. The ontology of the state to peaceful demonstration and the suppres- rule of law and respect for human is, however, to care for the common good, sion of self-determination by economic rights, including the rights of per- to create laws for the protection of the cit- and physical force, systematic violations of sons belonging to minorities. These izens and the environment and to regulate the rights to freedom of opinion and inde- values are common to the Member the activities of investors or corporations pendence of the courts, imprisonments of States in a society in which plural- and ensure that they do not violate state politicians simply for their endorsement of ism, non-discrimination, tolerance, rules and regulations. Now the investors the right to self-determination – expressed justice, solidarity and equality be- demand compensation if they make less tween women and men prevail.≫ exclusively in a peaceful and democratic profit from their investments than they ex- way. For sure, all this constitutes more se- pected. But the ontology of capitalism en- Should a EU member state violate the vere violations of the human rights as com- tails that investors need to take risks in human rights or the principles of the rule pared with Poland and Hungary. But Spain order to gain profits. The risk needs to of law penalties may be imposed under ar- is spared and Brussels keeps silent on po- stay with the investor instead of being ticle 7 of the Lisbon treaty. Article 7 reads litical prisoners who have been jailed for shifted on to the state. ISDS cannot be in paragraph 1: more than a year and harassed by what reformed but must be abolished. . Treaties we might refer to as “lawfare”. Just imag- “On a reasoned proposal by one such as CETA, TTIP and TiSA interfere ine how the EU would have reacted had third of the Member States, by the England persecuted Scottish separatists as criminals. There are good reasons to be- lieve that right now articles 3, 5, 6, 8, 9, 10, “The ontology of the state is, however, to care for the common 11, 13, 14 of the European convention on good, to create laws for the protection of the citizens and the envi- human rights and articles 1, 7, 9, 10, 12, 14, 19, 21, 22, 25, 26 and 27 of the internation- ronment and to regulate the activities of investors or corporations al Covenant on civil and political rights are and ensure that they do not violate state rules and regulations.” continued on page 12 No 1 11 January 2019 Current Concerns Page 12

”Right to self-determination, …” peoples in Europe, including the Basques, because the treaty amounted to a partial continued from page 11 the Catalans, the Bretons, the Corsicans, loss of state sovereignty. In my opinion being violated in Spain, but Brussels has the South Tyrolians, the Germans in East the ruling of the Bundesverfassungsgericht neither started an investigation nor an ar- European countries. Apart from its selec- was purely political and legally flawed. ticle 7 procedure. Such discrepancies are tive application there are of-course sever- Other significant threats to democracy in supposed to be politically investigated by al other concerns about the Lisbon treaty, our days are conformism, political cor- the European commission but should also for-instance the way it was set up. rectness, self-censorship and resignation. have legal consequences before the Euro- Some will remember that initially a Eu- Moreover, we must resist both govern- pean court on human rights in Strasbourg ropean constitution had been proposed and ment and private media sponsored manip- and the Court of the European Union in that in plebiscites in France and the Neth- ulation of public opinion, because democ- Luxembourg. Such impunity or indemni- erlands it was rejected. Then the politi- racy and self-determination will only work ty should not be suffered gladly with in- cians, notably Nicholas Sarkozy of France if we have access to truthful and compre- difference in Europe today. The ruling of proposed an un-democratic manoeuvre to hensive information in the right context in- the Luxembourg tribunal is interesting in impose a treaty similar to the European stead of being constantly lied to by politi- this regard, which confirmed in its sentence Constitution without submitting it to refer- cians and media. of 27 February 2018 in the case C-2767/16 endum but simply by forcing it through the In conclusion I would like to appeal that the right to self-determination of the Parliaments without participation of the to the European ordre public, because people is part of European legislation. European citizenry. This was the Lisbon the three main principles of the Europe- Therefore, the economic treaty between treaty – almost identical to the declined an Union remain valid. Even if its institu- the EU and Morocco must not be applied draft constitution – adopted by Europe- tions apply these basic principles arbitrar- in the occupied West Sahara because this an parliaments and bypassing the people. ily, even if there are many problems with would violate the right to self-determina- In this process, many parliaments violated the Union, it is up to us to find solutions, tion of the people who live there, the so- the will of the people they were supposed solutions which should secure a better fu- called Saharaouis. to represent. This sheds light on a crucial ture for all Europeans, solutions which Without any doubt the right to self-de- problem even in the initial phase of the should overcome the tragedies of the First termination of the peoples belongs to those treaty – its incompatibility with democra- and Second world wars and guarantee de- human rights which the European Union cy and the rule of law. This is reminiscent mocracy and self-determination for all of is obliged to positively promote. Measures of the Maastricht treaty which in a simi- us. After all, democracy is an expression should be taken, according to article 1 of lar manner had been ratified by the par- of self-determination, as self-determina- the UN Covenant on Civil and Political liaments without plebiscites. Rightfully, it tion is inseparable from democracy. Both Rights, to better protect the human rights was challenged before the German Consti- are our heritage and our ethics – not only the minority rights – of many tutional Court (Bundesverfassungsge­richt) Thank you for your attention. •

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Framework agreement Switzerland-EU Union Citizens’ Directive and ban on state aid as next heavy load by Dr iur. Marianne Wüthrich As soon as the institutional framework agreement – at least in its French version Framework agreement Switzerland-EU in consultation – – was on the table, the Federal Coun- only in one national language! cil could forget its consultation, which was only planned in a small circle (can- mw. The draft framework agreement, quest to the Directorate for European tons, parties, social partners). In Swit- which the Federal Council negotiat- Affairs DEA. Their answer: “All impor- ed with Brussels for four years behind tant information can be found on the zerland, citizens are accustomed to deal- closed doors, was published on 7 De- website of the Directorate for Euro- ing with draft laws or treaties, informing cember, 2018, but only in French. The pean Affairs (DEA)”, indicating the al- themselves about their contents and tak- Federal Chancellery is responsible for ready known links to the French draft ing part in the discussion. Most of them the timely translation of the texts: “The and the German short version of the cannot be dissuaded from doing so, even Federal Administration is in the service Federal Council. Closing remark by the in the face of rough headwinds. This ap- of a multilingual population and there- DEA: “The German translation of the plies in particular to documents such as fore provides its publications and the draft text of the institutional agree- the framework agreement, the effects of official texts in German, French and Ital- ment will probably be online in Janu- which would be serious in many respects: ian.” (Federal Chancellery homepage, ary 2019.” for the political rights of citizens, for the translation). “Probably” – although the French direct democratic and federal state sys- Since the Federal Council wants to version is already available since 23 No- tem, for the protection of employees, for provide information on the results vember 2018 – and in the Federal Par- of its “internal consultation” in the liament building legions of translators the public service carefully maintained by spring, I asked the Federal Chancellery romp about, but are presumably occu- the commune. One could almost get the about the German and Italian trans- pied, primarily, with the transferring impression that certain forces are inter- lations, with the comment: “After all, of EU right in “autonomous” assumed ested in lowering the high standard of liv- it is a document of great interest to Swiss decrees. ing, the right and responsibility of citizens the whole population, which should So we wait patiently for the German to participate in shaping the state and so- be read in all official languages.” The version – or put our time in the auton- ciety, the cultural and economic strengths Federal Chancellery forwarded my re- omous translation of the French text ... of multilingual and small-scale Switzer- land to a poor level that is not worthy of EU law, which is the point of the mat- the Union Citizens’ Directive was not even the other European peoples either. ter. And in these cases, the arbitral tri- up for discussion, later Federal Councillor Although the majority of the Swiss pop- bunal will also refer the questions to the Cassis declared that it was a “red line”, but ulation cannot even read the draft trea- ECJ so that the rules can be interpreted in the present draft the directive is not men- ty in their mother tongue for an indefinite in the same way.” The same applies to the tioned, so it is not a “red line”, at least not period of time (see box), numerous hard five previous agreements underlying the for the EU. The EU Citizens’ Directive is to digest lumps have already appeared framework agreement, said State Secre- part of the “dynamic development” of the in the public debate. And the trick: de- tary Roberto Balzaretti, Swiss negotia- free movement of persons. If, for example, spite all the Cassandra calls, Switzerland tor in Brussels, at the media conference the arbitral tribunal had to decide whether would probably do much better without on 7 December 2018. Moderator Philipp the social assistance of an EU citizen living a framework treaty – and would even re- Burkhardt summed up the matter in a here was appropriate or inappropriate or tain its sovereignty as an equal contract- nutshell: “To put it bluntly, in almost all whether a convicted offender may or may ing party to Brussels. More about this disputes the arbitral tribunal would not not be expelled, for example, the regulation clou in a later article. be much more than a pass-through with- in the Swiss Federal Constitution – decided out its own decision-making authority.”2 by the sovereign a few years ago – would Arbitration Court as no longer be decisive.4 Only recently, the EU law over Swiss law: Example “pass-through” of the ECJ Swiss Federal Supreme Court stated with Union Citizens Directive regard to the expulsion “that the legislator In Current Concerns of 7 January 2019 The Union Citizens Directive is a vivid ex- wanted to regulate exceptions to the oblig- it has already been clarified: The crea- ample of how EU law would marginalise atory expulsion restrictively and to restrict tion of an arbitral tribunal is only intend- Swiss law in many areas. It extends the the judicial discretion in individual cases as ed to conceal the fact that it would al- right of citizens of the EU member states far as possible”.5 ways have to comply with the case law and their family members to residence and However, the arbitral tribunal provid- of the European Court of Justice when social assistance far beyond the rules in the ed for in the framework agreement would it came to the interpretation or applica- Switzerland-EU Agreement on the Free not have to comply with the case law of tion of EU law – i.e. practically in any Movement of Persons: permanent right of the Swiss Federal Supreme Court in its case, since the incorporation of EU law residence after five years of residence for rulings, but would have to follow the case into Swiss law is precisely the purpose the Union citizen and his family members law of the European Court of Justice. In of the framework agreement.1 This close (Art. 16), right of residence for social assis- this way, for example, the Union Citizens connection of the arbitral tribunal to the tance recipients “as long as they do not un- Directive would suddenly become part of European Court of Justice was recently reasonably claim the social assistance ben- Swiss law without having been adopted by confirmed by experts in a radio contri- efits of the host member state” (Art. 14), the people, and our own law would be inef- bution. According to Professor Benedikt expulsion “only for serious reasons of pub- fective, at least vis-à-vis EU citizens. Pirker (University of Fribourg), future lic order or public security” (Art. 28).3 agreements, such as the electricity agree- At the beginning of the negotiations on ment, would “certainly be modelled on the framework agreement, it was stated that continued on page 14 No 1 11 January 2019 Current Concerns Page 14 State economic development would be jeopardised Interview by Oliver Washington with lawyer Simon Hirsbrunner (SRF 4 News of 13 December 2018)

The draft framework agreement with the EU has been known in detail since the be- Framework agreement between Switzerland and the EU: ginning of December. The Federal Coun- prohibition of state aid cil has made the draft public so that it can be widely discussed. And there is actually Article 8a, 2. (a) Any aid granted by Swit- tween the parties under the […] agree- a lot to discuss: the role of the European zerland or the Member States of the Eu- ments referred to above. ropean Union or through state resources (Agreement to facilitate bilateral re- Court of Justice, for example, or Switzer- in any form whatsoever which distorts or lations between the European Union land’s compliance with the accompanying threatens to distort competition by fa- and the Swiss Confederation in areas of measures, but also the rules as to when and vouring certain undertakings or the pro- the internal market in which the Euro- how the state may support companies; all duction of certain goods is incompatible pean Union participates, 23 November these topics will also have to be assessed. with the proper functioning of the inter- 2018 – final version) Together with an expert, Oliver Washington nal market in so far as it affects trade be- (Translation Current Concerns) has examined all these regulations on state aid. His assessment is not very positive. Yes, that would be mandatory under the an extremely wide scope of application. agreement. In the future, the free trade agreement is Oliver Washington: Simon Hirsbrunner is also to cover services, which could, for ex- Swiss and works as a lawyer at a law firm Of the existing agreements, only the air ample, lead to all promotion of economy in Brussels. During the negotiations on the transport agreement is to be subject to and trade at cantonal level being put to the framework agreement he advised the can- these rules. This is a success for Switzer­ test. I am not saying that this would no tons, and wrote an expert assessment of land. It is, however, no success that the EU longer be possible afterwards, but the cor- what consequences would accrue to them rules would apply to all future agreements, set that we would have to observe would for adopting the EU state aid rules. About for example a new electricity agreement, be much tighter. what is now laid down in this framework and: If Switzerland and the EU were also agreement, especially in the passages on to update the 1972 free trade agreement, You, Simon Hirsbrunner, are afraid state aid he personally says: as it has been announced, then the new that measures to promote economy and Simon Hirsbrunner: I’m surprised, and rules would also apply to these. trade at cantonal level in order to at- I’m also a bit disappointed. In the com- This would be an complete paradigm tract companies would practically no munication with the public, we’ve always shift. We currently have a very much more longer be possible – tax relief, for ex- heard that it’s all only about adopting cer- relaxed approach to the state’s economic ample, or the cheap transfer of build- tain guidelines. But in fact the basic EU development activities. ing land to companies. […] It will prin- rules have been adopted in a way that is cipally be up to the Federal Council to binding for Switzerland. In concrete terms, for example a can- present an analysis of the impact they ton wishing to support a certain compa- expect, so that we will be able to have States can support companies in various ny would have to report this to a new su- an open discussion. ways. They can subsidise them, they can pervisory authority. This authority would It is interesting to note that the Federal grant tax relief, they can accommodate then decide. The same applies to our par- Council has already presented a similar them regarding social security contribu- liament, if it wanted to create new subsi- analysis once, before the EEA referendum tions, and so on. This is generally prohib- dy regulations in the energy sector. Under in 1992. At that time, the Federal Council ited in the EU, although there are excep- certain circumstances, these would also saw no major problems between European tions, for instance in the case of companies have to be approved by a parallel author- law and Swiss practice. But this past analy- situated in regions where unemployment is ity. All this would have a massive impact, sis must be questioned. The EU has always particularly high. Strikingly, the European if also the free trade agreement would be justified its attack on Swiss corporate taxes rules have been incorporated almost ver- covered by the framework agreement […]. by stating their opinion that these were il- batim into the framework agreement, in- Industrial production would be affect- legal state aid. The consequences are well cluding bans and exceptions. ed because the free trade agreement has known. Switzerland is about to give in to the pressure. So it will be very interesting to see what effects the Federal Council will ”Framework Agreement of the EU” citizens of the Union and their family members to expect today in the case of Switzerland say- continued from page 13 move and reside freely within the territory of the ing yes to the framework agreement. • Member States [...]. 4 “Was genau steht im Rahmenabkommen? (What Article 121(3) of the Federal Constitution, adopt- exactly does the framework agreement involve?”, Those who have not yet understood ed in the referendum of 28 November 2010: “Ir- SRF 4 News of 13 December 2018. Interview with ought to see clear by now at the latest: respective of their status under the law on foreign That is why the EU turbos had to per- nationals, foreign nationals shall lose their right the lawyer Simon Hirsbrunner: Oliver Washington of residence and all other legal rights to remain in (Translation Current Concerns) suade the Swiss electorate to reject the Switzerland if they: self-determination initiative! If they had a. are convicted with legal binding effect of an of- said yes, the framework agreement would fence of intentional homicide, rape or any other se- have been off the table. rious sexual offence, any other violent offence such • as robbery, the offences of trafficking in human be- ings or in drugs, or a burglary offence; or 1 See “Terrain for EU Framework Agreement is b. have improperly claimed social insurance or so- levelled”, in: Current Concerns of 7 January cial assistance benefits.” 2019 5 Media release of the Federal Supreme Court of 20 2 “Controversial Framework Agreement”. Radio December 2018. Judgment of 23 November 2018 SRF, Echo der Zeit, 14 December 2018 (6B_209/2018). Criteria for hardship assessment in 3 Directive 2004/38/EC of the European Parliament the case of expulsion from the country and of the Council of 29 April 2004 on the right of No 1 11 January 2019 Current Concerns Page 15 Traditionally and generous Switzerland’s immigration policy – determined by the people Historical background by Dr rer. publ. Werner Wüthrich The UN migration pact, the free move- not aimed specifically at foreigners, but ed a withdrawal clause in the text. In par- ment of persons and the institutional were intended to cool the heated econo- liament, the initiative was almost unani- framework agreement with the EU (which my in general and prevent entrepreneurs mously rejected. A fierce and emotionally aims to further expand the free movement from making further investments and cre- charged voting battle began. From today’s of persons) are high on the political agen- ating more jobs. There were no more un- point of view, some will think: What is a da in Switzerland. The question of immi- employed. Those who lost their jobs found mere 10 per cent, today we have almost gration is central to all these issues. – A a new one within hours. Soon, however, a 25 per cent – and Switzerland has not per- brief historical review is worthwhile here. number of initiatives came from the popula- ished. But the conditions were quite differ- All so-called “Überfremdungsinitiativen” tion, which went down in history as “Über- ent back then. The unresolved problems of (popular initiatives against foreignisa- fremdungsinitiativen” (popular initiative the boom were great: About 30 per cent of tion) submitted since the 1960s have so against foreignisation) and demanded that the workforce came from abroad. Howev- far been rejected. the authorities directly limit immigration er, the entire infrastructure was massive- and reduce the total number of foreigners. ly overburdened not only by immigration, In the decades before the founding of the The Democratic Party of the Canton but above all by the heated economy: The federal state in 1848, Switzerland was rath- of Zurich successfully launched a feder- school buildings were too small, the cana- er a poor emigration country, where poor al popular initiative in 1965. It demand- lisation inadequate, modern refuse inciner- harvests often still led to famines. Many ed that foreign permanent residents and ator and wastewater treatment plants were of the young men had earned their living temporary residents be limited to one almost completely lacking. Water and en- abroad as soldiers until the 19th century. tenth of the resident population. Until vironmental pollution was alarming. It was We find traces of emigrants from mountain this population is reached, it should be no longer allowed to bathe in the lakes of cantons such as Glarus, Valais or Grisons reduced by 5 per cent each year (Hofer Lugano and Zurich. The road network was all over the world. The actual industrial- 2012, No. 89; Linder 2010, p. 303). The no longer sufficient, the motorways were isation had only just begun in 1848. The Federal Council and parliament rejected still under construction, residential con- country was still many years behind Great the initiative. struction was hopelessly in arrears and Britain, France and Germany, especially The fate of the first “Überfrem- rents and prices in general were rising. The in railway construction. But that changed. dungsinitiative” was unusual. The Feder- unemployment rate was 0.0 per cent and Already at the beginning of the 20th cen- al Council and individual parliamentari- economists no longer spoke of full employ- tury, Switzerland was a typical country of ans appealed to the initiators to withdraw ment but of overemployment. Wages were immigration and tourism and benefited in their initiative. The Federal Council had appropriate, but the constant overtime at many ways from the skilled newcomers taken a whole package of stabilisation the workplace was annoying. An atmos- who founded companies. These included measures, fixing a ceiling of the number phere arose that was not harmless. pioneers such as Henri Nestlé and the Brit- of employees in the companies and also Politicians had reacted late. Some poli- ish Charles Brown (BBC). limited the total number of foreign work- ticians still had in mind the images of the Before the First World War, the propor- ers. A referendum would only fuel the economic crisis of the 1930s – such as tion of foreigners in the population was a mood, lead to unpleasant disputes, cre- the oppressive unemployment, which was high 14.7 per cent – much higher than in ate tension in the companies and cause fought with numerous emergency meas- other European countries. Belgium ranked great damage to Switzerland’s reputation. ures. They were completely unaccustomed second in these statistics with 3 per cent. Federal Councillor Schaffner (FDP, liber- to the phenomena of the boom. Emergen- The borders were largely open. Everyone al party) invited the initiative committee cy law existed again – but this time quite could come, but had to look for himself. to a personal meeting – and was success- differently. In 1949, emergency law was In the interwar period, the number of ful. The initiative was withdrawn in 1968 democratised on the basis of a popular in- foreigners fell again – especially in the (Linder 2010, p. 303). itiative (Linder 2010, p. 217). In the 1960s 1930s (economic crisis). In 1945, only and 1970s, the people voted eleven times around five per cent of the population 1970s: the “Schwarzenbach-Initiative” individually on emergency laws, i.e. ur- were foreigners. However, this figure rose and other popular initiatives against gent federal decrees, which all had the aim sharply during the boom of the post-war foreignisation are refused of dampening the economy and solving or decades, reaching around 13 per cent at The “Nationale Aktion gegen Überfrem- alleviating the pressing problems – partic- the beginning of the 1960s and 15 per cent dung von Volk und Heimat” (National Ac- ularly in the monetary area. The sovereign in 1968. These statistics do not include tion against foreignisation) was against has always said yes and strengthened the seasonal workers that only worked for a this retreat. One of its representatives, Na- backs of the government and parliament few months and then returned home (sea- tional Councillor James Schwarzenbach, (Rhinow, R.; Schmid, G.; Biaggini, G.; sonal workers’ statute). therefore launched the second “Überfrem- Uhlmann, F. 2011, p. 36 f.). dungsinitiative” a little later and found- The “Schwarzenbach-Initiative” was 1960s: strong increase in ed his own party – the Republicans. It de- to become one of the most important immigration during the boom – manded a fixed ceiling of the number of post-war votes: Almost 75 per cent of attempts to contain it foreigners, which could not exceed 10 per those eligible to vote went to the polls on In the course of the 1960s, the parliament cent of the population. 17 cantons would 6 July 1970 – a figure that had not been repeatedly adopted measures to limit im- have had to reduce their residents with an- reached since 1947, when the revised migration by initially fixing a ceiling of nual permits by more than half. A with- economic articles and the AHV (old- the number of staff in the individual com- drawal was not possible this time because panies. These and other measures were the initiators had deliberately not includ- continued on page 16 No 1 11 January 2019 Current Concerns Page 16

”Traditionally and generous …” continued from page 15 A short history of parties age pension) were put to the vote. 54 per cent rejected the initiative – despite the ww. The Democratic Party of the Can- al bank and the promotion of coopera- ton of Zurich, which launched the first tives – a veritable democratic revolution pressing problems on the economic front of the so-called “Überfremdungsinitia- which took place without the firing of a – and to the great relief of the Federal tiven” (popular initiatives against for- single shot! This constitution would be- Council and the majority in parliament eignisation), can boast of a proud his- come the basis for hundreds of popu- who had fought for a no. But the yes vote tory. It arose out of the broadly based lar votes in the Canton of Zurich in the was high. Large cantons such as Berne and powerful democratic movement of decades that followed. The outcome is and Lucerne had also accepted the initi- the 1860s that opposed the liberal “Es- impressive. Zurich (and Switzerland at ative. The atmosphere was tense and re- cher system” and advocated people’s large) has become one of the most at- mained so because the next popular ini- rights. (Alfred ­Escher was an outstand- tractive locations worldwide. Not street tiative on immigration had already been ing business leader, founder of the Sch- protests and riots brought the “Escher submitted before 6 July 1970. This pri- weizerische Kreditanstalt (now Credit system” down, but peacefully held pop- marily demanded that the population of Suisse) and the Nordostbahn (North- ular rallies, the collecting of signatures, foreign residents be reduced to 12.5 per eastern-Railway). As a liberal politi- the election of a constitutional conven- cian, he dominated the Canton of Zu- tion and finally a popular vote on the cent of the Swiss population within 10 rich almost at discretion and defended new constitution. (Today’s “motley rev- years. Another popular initiative called its purely representative democracy. His olutionaries” could learn a great deal for a tightening of naturalisation practice statue now stands in front of Zurich’s from this.) In other cantons and nation- (Linder 2010, pp. 303, 331, 355). central station.) The year 1867, in which wide the Democrats likewise made an In 1977, both popular initiatives were popular rallies demanded a new consti- important contribution to the establish- voted on simultaneously. However, the tution ensuring direct-democratic peo- ment of today’s popular rights. When conditions were quite different this time: ple’s rights, were held in Winterthur, the Swiss Liberal Democratic Party (FDP) A large part of the homework had been Bülach, Zurich and Uster, is commonly was founded in 1894, Liberals and Dem- done. It was possible to swim again in seen as the founding year of the Demo- ocrats joined together (which is why the lakes of Zurich and Lugano. The con- cratic Party. Democratic parties, calling they called themselves “Freisinnig- struction industry had even built far too for people’s rights, also arose in other Demokraten”). In the Canton of Zurich many new flats, so that finding a flat was cantons. In the Canton of Zurich the ed- the Democrats to some extent main- itors of the Winterthur gazette “Land- tained their independence within the no longer a problem and rents fell again. bote” were the Democratic Party’s in- FDP and pursued their own agenda. In The economic upswing that had last- tellectual vanguard. In 1869 the party 1941 they seceded again and formed a ed since the Second World War came to won the vote on the new constitution party of their own, which in 1965 sub- an end in 1975, and many jobs were cut by a majority of 65 per cent and subse- mitted the first national popular initi- again in the ensuing recession. – The ref- quently also the elections. The new con- ative against foreignisation. The party erendum on immigration in 1977 did not stitution would last for 135 years – until failed to reach its former strength, how- cause much of a stir. Only 45 per cent it was revised in 2004. It guaranteed ever, and in 1971 rejoined the FDP. In the of those eligible to vote went to the bal- both the obligatory legislative and con- same year, the Grison and Glarus Demo- lot box – this time also female voters. (In stitutional referendums (including the crats combined with the “Bauern-, Gew- 1971 the Swiss men introduced the wom- finance and taxation referendums) and erbe- und Bürgerpartei – BGB (Swiss en’s right to vote.) The result was clear: A the constitutional and legislative initi- Farmers, Tradesmen and Citizens Party) large majority and all the cantons rejected atives. Moreover, it ensured communal to form the “Schweizerische Volkspar- autonomy in a broad sense and provid- tei SVP (Swiss people´s Party) – now the both initiatives. Switzerland had adjusted ed for innovative social policy measures largest party in Switzerland –, in whose itself somewhat to being a popular immi- and improvements in the protection of programme the people’s rights are still gration country, and it had also succeeded labour, the establishment of a canton- of central importance. in integrating many immigrants well – at that time mainly from countries such as Italy, Spain and Portugal. Modern Swit- be abolished. The Federal Council rec- of the voters and all cantons said no to nu- zerland could not have been built with- ommended to the ongoing revision of the merical limits. (Linder, 2010, p. 460). out the skilled craftsmen from the South. Swiss Federal Law on the Temporary and They had already made a major contribu- Permanent Residence of Foreign Nation- 1990s: inflow as consequence tion in the 19th century, for example in the als (ANAG) as indirect counter-proposal. of the Yugoslav wars construction of the Gotthard tunnel, other This new law would be more appropriate The per centage of foreigners in the pop- bold infrastructure projects and later also and would substantially improve the legal ulation still increased in the 90s. Coun- the many hydroelectric power stations and situation of foreigners. The people followed tries of origin were mainly Yugoslavia and dams in the mountains. 1981 the Federal Council and his represent- in recent times Germany. 1991 it added up atives in parliament and refused the popu- to 17,1 per cent, 1994 to 18.6 per cent and 1980s – more popular initiatives lar initiative clearly with more than 85 per anew a popular initiative was launched. As reaction to the so called “Überfrem- cent (Linder 2010, p. 400). The so called 18-per cent-initiative sur- dungsinitiativen” (popular initiatives In the 1980s the economic situation im- prisingly came from within the ranks of against foreignisation) the “Katholische proved again and the foreign residential the Swiss Free Democratic Party (FDP): Arbeiter- und Angestelltenbewegung” population increased again proportionally. member of the National Council Philipp (catholic worker- and staffers movement) Consequently the Nationale Aktion again Müller (later president of the FDP Swit- 1977 had launched the “Mitenand-Initia- launched a popular initiative which want- zerland) demanded that the per centage of tive” (Together-initiative) – with the aim to ed to lower the rate of foreign nationals. the foreign population may come to maxi- bring about a new, “human” national policy The number of immigrants allowed should mum 18 per cent of the entire population. on immigration. Social security and family be maximum two thirds of the emigrants Müller followed here the democratic line reunification should be regulated in a bet- during 15 years – as long as the population within the FDP which has a long tradition ter way and the statute for seasonal workers transcended 6.2 million (today 8.4 million). (work permit only for one season) should – 1988 another time more than 70 per cent continued on page 17 No 1 11 January 2019 Current Concerns Page 17

”Traditionally and generous …” different things before. – But this was not population and authorities ordinarily continued from page 16 reality. Times came with an immigration works even in delicate issues and contrib- of more than 100,000 per year – as many utes substantially to the political stabili- (see box). Federal Council and parliament as during the times of booming economy ty of the country. The free movement of refused the initiative – but in comparison of the sixties. persons demanded by Brussels and its fur- to former times much more relaxed. There 2014 the people agreed to the “Stop ther development, the political pressure of were problems with integration, indeed, but Mass immigration popular initiative”. a UN migration act and the institutional many of the problems of the sixties were In contrast to earlier popular initiatives framework agreement which wants to in- solved or defused. Also the integration of it didn’t demand to reduce the already corporate Switzerland even more into the the many southern Europeans had proceed- very high per centage of 25 per cent of EU, however, are not useful and only can ed faster than many thought – 64 per cent foreigners. It solely wanted to restore the cause trouble. of the voters and all cantons voted with no right of Switzerland to decide for itself Today 700,000 Swiss people live this time, too (Linder, 2010, p. 460, 593). about immigration – as it did since dec- abroad. Swiss enterprises have created ades repeatedly. But the authorities (Fed- about three million jobs abroad. The in- After 2000: eral Council and Parliament) hesitated land per centage of foreigners amounts Free movement of persons with the EU and at last refused under the pressure of to a record high of 25 per cent. With this After 2000 the situation was different Brussels to implement the verdict of the Switzerland is more cosmopolitan and again: 1999 the people had agreed to the people. Now we have a veritable national liberal than many other countries and Bilateral treaties I with the EU with a policy problem. – Another popular initia- still a popular country of immigration. relatively narrow majority. Thereto be- tive which definitively demands to termi- The repeatedly launched popular initia- longed the free movement of persons. nate the free movement of persons with tives which intend to regulate immigra- With this something new was added: the the EU is already submitted. (The high tion in one or the other way are more a Free movement of persons belongs to the amount of immigration probably is the reaction to this openness and sometimes core of EU Policy, which since the foun- main reason of the Brexit in Great Brit- an overpressure valve for conflicts and dation of the European Economic Com- ain, too.) issues which parliament doesn’t address munity (EEC) 1957 pursues the political Today the UN migration pact is on the – but under no circumstances a sign of goal to build a supranational union get- table which wants to make political pres- isolation or even of xenophobia which ting closer and closer with open borders sure to regulate the matters of immigration sometimes is suggested. • and a population gradually mixing up. internationally and top down. It contra- Sources: There was the risk that the Swiss people dicts as well to the time-proven tradition Hofer, Bruno. Volksinitiativen der Schweiz – would reject the whole package because of Switzerland to settle its affairs by its laufend aktualisiert. Dokumentation aller lanci- of the free movement of persons. There- own and in its own way. Switzerland has a erten Volksinitiativen auf Bundesebene von 1891 bis heute. Dietikon 2013 fore the Federal Council had beaten the lot of experience and success with its pol- Linder, Wolf; Bolliger, Christian; Rielle, Yvan. big drum and argued that not more than itics directly supported by the population Handbuch der eidgenössischen Volksabstimmun- 8,000 to 10,000 persons per year would – even in complex issues like immigra- gen1848–2007. Berne 2010 immigrate. This is no problem, many tion which happened altogether generous- Rhinow, R; Schmid, G; Biaggini, G; Uhlmann F. might have thought, we have seen quite ly and in dignity. The interplay between Öffentliches Wirtschaftsrecht. Basel 2011

It is not only about the “yellow vests” in France – Germany also faces a social question A few weeks ago, the Grand Coalition of or 2% annually until it will finally reach 1.7 trillion euros in 1992 to around 3.3 the German governing parties debated 100% in 2040. trillion euros in 2017. So I wonder where fiercely on the future of old-age security In plain language, this means that after this astonishingly large surplus has gone. through the statutory pension insurance the deduction of various lump sums, pen- It has by no means reached the work- for all workers and employees in Ger- sions are already taxed at a gross month- ing people or those who worked former- many who are subject to social insurance ly rate of 1,200 euros today. We owe this ly over many decades (pensioners). The contributions. Particularly Federal Min- to the red-green Schröder/Fischer gov- gross domestic product is also common- ister for Labour and Social Affairs, Hu- ernment, which introduced the Retire- ly called national income. It is probable bertus Heil, tried to score points for his ment Income Act in 2005. At this time, that this word has no longer anything to party, the SPD (Social Democrats). How- the share of taxation was already 50%. do with the reality of today. ever, the citizen was deceived here, and If we add to this the slow but steady rise Thus in the past decades more and more the actual facts were suppressed. in prices, which pension adjustments are goods and services have been produced Mr Heil talked about wanting to stabi- lagging behind, then we find that creep- with less and less labour. This trend will lise the pension level at 48% of the aver- ing inflation is an additional, namely se- continue by means of further automation age wage up to 2025 or even up to 2040. cret, tax. and digitisation (industry 4.0). Thanks to This is, however, a deceptive pack, since It is anachronistic that old-age provi- technological progress, which in turn has this per centage does not refer to the sion is still linked to the factor of work been driven by the spirit of research and amount paid out, but to the gross pension. and the demographic change that goes innovation of working people over gen- Missing are, on the one hand, the deduc- with it, and not to performance, name- erations, people should benefit equally tions for health and long-term care insur- ly the productivity of our economy. Our from this progress, both in active work- ance, which currently account to around economic output (gross domestic prod- ing life and in old age. There is clearly a 11%. Added to this is the steadily rising uct GDP) in Germany has almost dou- misdistribution. I think the debate should share of pension taxation, which already bled over the last 25 years in real terms stands at 76% today and is rising by 1% (adjusted for price changes), from around continued on page 18 No 1 11 January 2019 Current Concerns Page 18 Against confusion and “desertification” by Friedrich Romig In 1930, that is in the chaotic time that When browsing through his bookshelf, followed the collapse after the First World Michael Rieger wants to remind us of those War, the writer Fritz Eberling wrote an important benchmarks and counter-imag- essay containing the sentence “Wir gehen es. There he for instance finds “the crown durch die Gegenwart wie durch eine guards” (die Kronenwächter) (Achim von Wüste” (We go through the present as Arnim), who “preserved the eternally sacred through a desert). The renowned German patterns of true familiarity and ideals”. They scholar, philosopher, historian and polit- have always been there, at all the times when ical scientist Dr Michael Rieger derived spiritual devastation threatened. This already the title of his book from this sentence. celebrated its Saturnalia in the French Revo- lution, and it does so today under the brand Both the Weimar and the Austrian repub- of political correctness. lics spiritually resembled a dreary desert Quite rightly, in his introduction Rieger which was perceived as “largely as soul- already refers to Kleist, Droste-Hülshoff, less, culture-less and heartless”. This is to Peter Rosegger and, quite extensively, largely what we feel today. to Adalbert Stifter, who with his “gentle The “socialist levelling of all differenc- law” wants to reestablish custom and jus- es and the negation of our own human cul- tice. What this “gentle law” means, that ture” was, as Anabel Schunke aptly points was expressed prophetically and concise- out, turned into a raison d’être of the state. ly in four lines by no other than the also “Liberal thinking” in the form of relativism explicitly appreciated Reinhold Schneider, has strongly contributed to the emergence shortly before the assumption of power by of “the inner and outer desert”, which goes the National Socialists: hand in hand with destructive losses of tra- “For perpetrators never will force dition, community orientation and sense of heaven: ISBN 978-3-942605-17-5 responsibility. The “harassed modern peo- What they unite will turn to rubble. ple” (Franz Xaver Kroetz) have lost the What they renew, will overnight de- standards and counter-images that could predecessors such as Adam Müller, Frie- teriorate, put a stop to these destructive forces. drich Schlegel, Carl Ludwig von Haller And what they institute, bring mis- and many others. ery and trouble.” And last but not least, it is significant The poem in which these four lines ap- that writers of the rank of Peter Handke, ”It is not only about the …” pear bears the title: “Now only prayers continued from page 18 Martin Walser, Thomas Bernhard or Botho may still succeed ….” Schneider included Strauss are increasingly quenching their be approached from a completely differ- it in a meditation volume published under “thirst for truth” from the “spouting well” ent angle, based on these thought-provok- samizdat conditions in the middle of the that religion provides. ing ideas. I am sick of hearing all that talk Second World War, and many a soldier In his wanderings through tradi- about demographic development and re- carried this volume with him in his knap- tion, Rieger repeatedly refers to Othmar tirement at 70. sack, finding consolation in his inescapa- Spann. Also Armin Mohler, probably the To complete my argument, I would like ble fate, his expectation of death. best connoisseur of the conservative revo- to add: If an employee has ensured him- Rieger gives the title: “Catholicism lution, comes to the conclusion that Oth- or herself privately, for example by means versus Modernism” right to the first mar Spann “has supplied the conserva- of direct insurance, or receives a company chapter of his little anthology of con- tive revolution with the best-grounded pension, a double contribution (employer servative thought. He thus suggests the system”. In the seventies of the last cen- and employee contributions) of health in- theme that runs through the entire vol- tury, Spann’s comprehensive oeuvre was surance and long-term care insurance con- ume. This first chapter pays tribute to the summarised and reprinted in a 21-volume tributions is made when these two forms Brazilian Plinio Corrêa de Oliveira, who complete edition. To Michael Rieger’s de- are paid out. This reduces the amount paid is largely unknown to us. With his books light, Spanns’ teachings are being contin- out by about 20%. The contributions are “Revolution and Counterrevolution” and ued today by his pupils and their children, collected in instalments over 120 months. “Noblesse”, which have been translat- and are emphatically championed in sci- This has been the case since the introduc- ed into most of the world’s languages, ence and politics. tion of the law on the modernisation of the Plinio Corrêa de Oliveira has sparked a With his sketches and portraits, Rieg- health care system in 2004 under Health movement for “family, tradition and pri- er has not presented a scientific book, but Minister Ulla Schmidt (SPD). vate property” (TfP), which is even in- one that prepares the reader for a “healing By the way, according to the Feder- stitutionally anchored in many countries. bath” that is pleasant and beneficial and al Employment Agency the proportion of His thesis, that order in culture, civilisa- contributes to mental hygiene. • mini-jobbing pensioners has almost dou- tion and state “depends on the observance Rieger, Michael. “Wir gehen durch die Gegen- bled from 587,046 to 1,074,689 between of the teachings of the church” is now ac- wart wie durch eine Wüste“ – Auf den Spuren der 2003 and 2017. The over-65s represent the cepted by virtually all the more important Tradition in Philosophie und Literatur – Skiz- zen und Porträts. (“We walk through the present largest proportion of marginally employed conservative thinkers. After all, it is not as through a desert” – On the traces of tradition in persons. by chance that Ernst Jünger, Caspar von philosophy and literature – sketches and portraits.) Schrenck-Notzing and Russell Kirk con- 240 pages, paperback. Rückersdorf near Nurem- Werner Voss, Wiehl (DE) verted from Protestantism to the Roman berg, Lepanto-Press 2018 (Translation Current Concerns) Catholic Church, not to mention their (Translation Current Concerns) No 1 11 January 2019 Current Concerns Page 19 Pewter figures – filigree craftsmanship Oldest German tin dynasty with Swiss roots by Heini Hofmann There are not only health resorts and places of power, but also places of art. The Bavarian village Diessen at the Am- mersee (lake Ammersee), southwest of Munich, is such a place. The picturesque market town has always been home to painters, musicians, sculptors and writ- ers, but especially to craftsmen who have passed on their skills for generations. The most famous are the pewterers.

If you walk up from the lakeside road to the baroque cathedral Marienmünster, passing the old town hall one is lead into the Herrenstrasse with its colourful do- mestic houses. Two pretty buildings with façade paintings, a yellow-white and a blue one, are particularly striking be- cause they both show the same Swiss Older motifs such as the Swiss Guard and William Tell still remind us of the origins of pewter dynasty name on an artistic fig- the Swiss tin foundry dynasty. (Picture small tin foundry Babette Schweizer) urehead, namely House No. 7 (Pewter Figures Wilhelm Schweizer) and House When Adam Schweizer died in 1848, old workshop of the lower Schweizer at No. 17 (Small Pewterware Foundry Ba- his son Anton continued the flourishing Herrenstrasse 7 is now used as a museum, bette Schweizer). business. He optimised and rationalised while production takes place in the build- the production process. After his death ing behind it - in bright rooms, but still in The Tin Dynasty Schweizer in 1867, his widow Babette took over the traditional manner. The family can be traced back to the 15th the responsibility. Their son was again The upper Schweizer at Herrenstrasse century. And the family emblem in the named Adam (1855–1914) and he spent 17 is now managed by Adam Schweiz- façade painting of both houses shows a his years of wandering and learning with er’s grandson, the master pewterer Gun- Papal Swiss Guard on a silver-red shield. famous engravers in Munich and Leip- nar Schweizer and his wife Karin. In the The dynasty’s country of origin is said zig and used to created filigree pewter Tin-Café, integrated into the exhibition to be Switzerland. The first pewterer in Christmas tree decorations for the royal rooms, you can enjoy the diverse fabulous the family’s history was Adam Schweiz- household in Munich. After his death it world of pewterware over coffee and cake. er, born in 1774. The trained goldsmith was his widow Wilhelmine who, togeth- It should be noted that the founder of the founded the Small Pewterware Foundry er with her children Anny and Wilhelm, dynasty had already worked in this house in 1796. managed to preserve the business through called the upper Schweizer. Today, hardly In contrast to the large pewterware two world wars. a visitor leaves Diessen without a souve- foundry, where cups, mugs and plates are nir from one of the two Schweizer pewter produced, one has specialised in Dies- Upper and lower place foundries. And the filigree and precious sen in the small pewterware, i.e. flat fig- called “Schweizer” items are being sent all over the world. ure casting. Adam Schweizer produced fig- In 1972, as is so often the case in fam- ures of saints and devotional objects for ily businesses, there was a split. Daugh- Engraving and casting pilgrims, but also ecclesiastical toys for ter Anny continued her business under Pewter casting is one of those crafts that children “playing priest”, crosses, candle- the name “Babette Schweizer” at Herren- are still practiced today as they were over sticks and incense boats. Then later pro- strasse 17 (called upper Schweizer), while 200 years ago. These days, only the cast- fane pewterware was added: Rings and Wilhelm continued his business under his ing furnace operates electrically with buckles, but also token – motifs such as own name at Herrenstrasse 7 (called lower temperature control. But everything else Bavarian dragoons, Hungarian pandurs or Schweizer). Both companies together rep- is done manually. With a lot of creativi- a rococo hunt. resent today the oldest German pewter ty and dexterity, tin bars are turned into dynasty, notabene with Swiss roots (see small works of art that please the eye and box). heart. At the beginning of a tin figure When Wilhelm died in 1976, it was there is a pencil sketch. But the there is a Diessen at Lake Ammer again a woman, his widow Ottilie, who long way from the draft sketch to the fin- HH. The artists’ village on the western took care of the business until her daugh- ished bijou. shore of Lake Ammersee, in the dis- ter Annemarie and her husband Jordi Arau First, the sketched motif is worked out trict of Landsberg, can be found in the took over the company in 1981. Anne- by hand from a flat slate slab as a neg- so-called Pfaffenwinkel, where peo- marie Schweizer learned engraving, but ative mould using a graver and scraper. ple used to “live under the crosier”, as then passed on her knowledge to her hus- The front and back of the plate must fit can be seen from the many baroque band, because later she studied medicine perfectly, which is checked by means of churches, chapels and monasteries. Be- sides the art of tin casting, ceramics and works as a doctor now. Jordi Arau, a a test casting. The engraving is compara- and Faience also have a long tradition mechanical engineer and native Spaniard, ble with the work of the sculptor, but with here. (www.diessener-kunst.de). was enthusiastic about the small pewter art and continues it with artistic success. The continued on page 20 No 1 11 January 2019 Current Concerns Page 20

”Pewter figures – filigree craftsmanship” continued from page 19 “I’m a poor Swiss” HH. The oldest proof of the name chronicler also refers to an old carnival the difference that the mould is shaped as ­Schweizer from the 15th century refers verse by Peissenberg: “I bin a armer Sch- a negative. to a Hanns Sweytzer from Unter-Peissen- weizer / I bitt en um an Kreuzer.” (I am a The hot phase in the double sense dur- berg, whereby the spelling has changed poor Swiss / I ask for a kreuzer) ing the creation process is the casting over time to Schweytzer, Sweitzer, Sch- In addition to the Swiss mercenar- process. Using a casting spoon, the tin, weitzer – up to the present Schweizer ies in foreign military service - a relic heated to around 400 degrees, is poured (Swiss). A family branch has been docu- of which is the papal Swiss Guard in by hand into the double-sided slate mented in Diessen since the 17th centu- Rome - there were also cattle breeders, mould. The air can escape through en- ry. Swiss people also appeared earlier in cheese-makers and confectioners who graved fine channels. The heated metal Schongau, Peiting and Swabia. carried their skills to other countries. “Since 1450”, wrote Dr Bruno Sch- For example, the senior melker in the fills all cavities, cools and solidifies. Just weizer (the father of Gunnar Schwei­ Tsarist Empire was called “Oberschweiz- seconds after casting, the shiny silver zer, today‘s master of pewterer) in 1930, er” (senior Swiss). The jungle doctor Al- blank can be removed from the mould “a ‘Swiss’ was generally understood to bert Schweitzer also has his genealog- and freed from the thick sprue pins and mean a mercenary, a soldier. The old ical roots in Switzerland (the father of thin air trumpets. sod of their home floe forced many the writer researched his origins at his Swiss people to earn money in faraway request), except that he kept the old Tz Finishing and painting countries in this way.“ The same Diessen in his name. Each tin figure is then further processed in small batches. Possible misshapen castings, which happen rarely in this ly in a homework system. It goes without cast parts have to be soldered together and precision work, are returned to the cru- saying that women’s hands are better suit- the whole thing bent using a suitable tem- cible. The successful end products are ed for such miniature art. These are ladies plate. And finally, about one third of all grouped thematically for the finish, i.e. who have, for example, completed a train- articles are produced as blanks for self- they are deburred and polished. Then an- ing as a porcelain painter. painting and sold together with matching other highlight awaits the newborn fig- But there are also decorative objects paints and brushes. Because there are art- urines: Handpainting awakens a soul in that are not painted, such as door wreaths conscious customers, who still want to set them and each individual piece becomes and window pictures; these are given a their hand to the parts. unique. patina by blackening and brushing, which Painting these jewels requires patient gives them a more contrasting and three- Boom at Easter and Christmas precision work: the tin figures are painted dimensional appearance. Other objects re- The palette of pewter figures is immense individually with ultra-fine brushes, enam- quire special treatment. For example, with and varied; it includes ecclesiastical and el lacquer or oil and acrylic paints, usual- Advent wreaths in miniature form, the flat profane. The former is particularly pop- ular at Christmas and Easter, while the latter is popular all year round. In former times, when many children’s fathers were still soldiers, tin soldiers were very popu- lar; today they have gone out of fashion or have to come along peacefully, in his- torical uniforms or as Papal Swiss Guard (nomen est omen!). At Christmas, angels, Santa Claus- es, nativity scenes, Christmas trees and Christmas tree decorations are popular. At Easter, rabbits in all variations hob- ble through the window displays. Other motives are: Customs and family cele- brations, fairytale scenes, traditional cos- tumes and May poles, horse and sleigh teams, ships, sailing boats and railways, castles and churches, exotic and farm ani- mals, old and new professions, sports and much more. And one keeps up with the times: For the World Cup, a wall picture with a goal scene was created in which the players in the penalty area can be paint- ed in the desired national colours. The pewter figures can also be viewed on the Internet (www.schweizerzinn.de = upper Schweizer and www.zinnfiguren.de = lower Schweizer). In short: even if the profession of the pewterer was abolished by amending the list of crafts and it was The 400 degree hot tin is filled into the double-sided mould with the casting spoon, integrated into the profession of metal while the air escapes through fine channels in the model. designer: It lives on in Diessen at Lake (Picture pewter figures Wilhelm Schweizer) Ammer! •