10 January 2018 No 1 ISSN 1664-7963

Current Concerns PO Box CH-8044 Zurich Current Concerns 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

“There is a great aspiration for peace and justice” The Independent Expert of the United Nations visited Venezuela by Prof Dr iur. et phil. Alfred-Maurice de Zayas* As the first Inde- eral Assembly, all covering issues of in- Tasks and work pendent Expert on ternational order including tax havens, of the Independent Expert the promotion of a investor-state-dispute settlement, bilateral The function of rapporteurs and independ- democratic and eq- investment treaties, free trade agreements, ent experts is to ask questions, listen to all uitable internation- World Bank projects, the International stakeholders, evaluate documents, and al order, I have had Monetary Fund and its loan conditional- issue constructive recommendations to the opportunity of ities, disarmament for development, the States. We come in order to help popula- defining the man- self-determination of peoples and the re- tions better realize their human rights. In date and the meth- form of the Security Council. The object order to do so, we try to convince govern- odology. I have pro- and purpose of my mandate is laid down ments that it is in their own interest to co- Alfred-Maurice duced six reports for in Resolution 18/6 of the Human Rights operate with the United Nations, and we de Zayas the Human Rights Council, and the parameters of my visit offer them our advisory services and tech- (picture ma) Council and six re- are described in a media statement issued nical assistance. Our function cannot be ports for the Gen- on 27 November 20171. reduced to condemning governments. As one of the few Special Procedures * Alfred-Maurice de Zayas (United States of America/Switzerland) was appointed as the first Independent given access to Venezuela and Ecuador, Expert on the promotion of a democratic and equitable international order by the Human Rights Coun- expectations for my visit were high. While cil, effective May 2012. He is currently professor of international law at the Geneva School of Diplomacy. Learn more, log on to: www.ohchr.org/EN/Issues/IntOrder/Pages/IEInternationalorderIndex.aspx. The I could not fulfil the expectations of some Independent Experts are part of what is known as the Special Procedures of the Human Rights Council. sectors of civil society and remain within Special Procedures, the largest body of independent experts in the UN Human Rights system, is the gen- the parameters of my mandate, I did as- eral name of the Council’s independent fact-finding and monitoring mechanisms that address either spe- sure my interlocutors that I would trans- cific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. continued on page 2 Make 2018 a year of international understanding by Karl Müller 2018 will be the centenary of the end of the pieces of the puzzle can be put togeth- ble for the war lords and ladies. “The first World War I. But even 100 years after er only years after the end of a war. But casualty when war comes is truth”. We the end of this slaughter which killed historians and other interested persons have all heard this 1914 quote from US millions of people it might seem that not concerned about peace are researching Senator Hiram Johnson. Of course, it is many of those in power today, in politics, the causes of wars also hoping that people also valid in the years preceding a war. state, economy and society, are aware of might be able to act preventively in future. what war really means. So there are still Are there any insights providing an impor- Indeed: enemy stereotypes en masse … enough occasions and reasons to think tant role for the citizens? We are witnessing this again today. about war and peace and to ask the ques- Enemy stereotypes en masse. To start in tion: What can citizens do for peace and What can citizens do our own house: Just read the new US se- against war? regarding war and peace? curity strategy, the declarations of the EU It does not take a lot of knowledge for one states regarding questions of security pol- Also before World War I there were warn- insight: No war can be led if no citizen con- icy or speeches of German politicians re- ings of a great war. Bertha von Suttner tributes to it. But this assumption is some- garding Germany’s global role. Read the who received the Nobel Prize for Peace what utopian. In addition, there are now mainstream media. There are not many for her efforts is only one prominent name weapon systems which allow waging a war honest statements, oral or in writing. It is among many. Similarly before World War with less and less active soldiers. The times hard to bear how biased and distorted is- II. And in our times? Many will remem- of mass armies are over. A few thousand of sues are presented, how important facts ber the protests of millions against the im- mercenaries are sufficient to cause devas- are omitted. Each war has an ideological minent Iraq War in March 2003. But even tating damage and to put our planet on fire. side. these protests have been unable to prevent But: War lords and ladies of all times The insight is not a new one. The pre- the war. Is there nothing we can do? have attempted to justify their wars. They amble of the UNESCO Constitution, the Wars have many causes. Sometimes were searching approval for their wars. Constitution of the United Nations Organ- it takes decades of research to get a clear This is called war propaganda. War lies isation for Culture and Education states: picture – important sources are kept se- might be a more appropriate term. At least cret for a long time; it may happen that in their own country they are indispensa- continued on page 4 No 1 10 January 2018 Current Concerns Page 2

graphic Current Concerns

”‘There is a great aspiration for …’” tries, ambassadors, diplomats, church lead- national organizations, particularly the continued from page 1 ers, academics, economists, professors, stu- United Nations system, which can offer dents, civil society organizations, individual advisory services and technical assistance mit their concerns to the pertinent rappor- victims, who told heart-rending stories, to States to ensure that social progress is teurs. In particular, issues have been raised with relatives of persons in detention, who not achieved at the expense of civil lib- which could be examined in more depth by delivered petitions for transmittal to perti- erties. I looked at progress in the field of the rapporteurs on freedom of expression, nent actors. I have made an effort to balance the elimination of illiteracy, free educa- on the right of peaceful assembly and asso- my meetings between different groups and tion from primary schools to university, ciation, on the independence of judges and was not only passive in receiving informa- programmes to reduce extreme poverty, lawyers, on food, health and on arbitrary tion but proactive in the search of truth and provide housing to the homeless and vul- detention. I also endeavoured to incorpo- demanding targeted information. nerable, phase-out privilege and discrim- rate some of the concerns mentioned into ination, expand medical care for all, in- the narrative of my preliminary recommen- Examining joint efforts cluding the very young and the elderly. dations to the States. Where relevant, I will to promote social progress reflect their input in the final report to the The mission has focused on examining … and coercive measures submitted to the Council in 2018. joint efforts to promote social progress and by other states better standards of living consistent with Among the obstacles to the enjoyment of Not “publicly denounce”, the provisions of the International Cov- human rights I inquired about the adverse but listen and offer suggestions enant on Economic, Social and Cultural economic measures adopted by several I have listened to hundreds of stakeholders Rights, the International Covenant on Civil states aimed at directly and indirectly af- and received a wealth of information from and Political Rights, and the agendas of the fecting the good functioning of the target- them, which I still must study and digest world social forums since Porto Alegre. ed State or restricting its regulatory space. before I give final form to the reports. One It bears repeating that the World Sum- The United Nations has condemned uni- thing should be clear, my approach has al- mit in September 2005 reaffirmed that lateral coercive measures since decades, ways been, and will be, to listen and offer “democracy is a universal value based on notably since the landmark study of the constructive suggestions about how to re- the freely expressed will of people to de- Sub-commission on Promotion and Pro- form legislation, regulations and practices termine their political, economic, social tection of Human Rights in the year 2000. that result in violations of human rights. and cultural systems and their full partic- Currency speculation has been one of ipation in all aspects of their lives.” The the preferred tools to destabilize targeted A new look at the realities Summit Outcome Document also stressed economies, so too the activities of credit of Venezuela and Ecuador that “democracy, development and respect rating organizations, which, although they I have endeavoured to give a fresh look for human rights and fundamental free- have no democratic legitimacy, do severe- at the realities of Venezuela and Ecuador, doms are interdependent and mutually re- ly impact the financial ability of States to aware of problems of poverty, corruption, inforcing,” and pointed out that “while de- issue bonds and obtain financing. scarcity of certain food items and medi- mocracies share common features, there is cines, failure to ensure free, prior and in- no single model of democracy.” Accord- Many problems: from capital flight formed consent in the extractive field, in- ingly, the Venezuelan and Ecuadorian in tax havens to “terrorism” flation, inefficient distribution, inaction by models deserve attention. The escape of national funds into tax ha- government, repression of dissent. There vens has negatively impacted the ability of are many diagnoses of the problems and Literacy, free education, States to meet their financial obligations, many causes. My intention is to recom- poverty reduction … and international cooperation is neces- mend viable solutions, within the limits of The impacts of social models prevalent sary to ensure the repatriation of funds my mandate, and my approach has always in both countries, as well as in Bolivia, that were illicitly taken out of the respec- been result-oriented. Nicaragua and Cuba, on the international tive countries. It also appears that interna- This visit included a very high number order reveal possibilities of greater region- of meetings with ministers of both coun- al integration and cooperation with inter- continued on page 3 No 1 10 January 2018 Current Concerns Page 3

”‘There is a great aspiration for …’” in connection with the scarcity of medi- duced inflation, and contraband in food and continued from page 2 cines. medicines. tional criminal groups are responsible for But also polemic against International solidarity is required, theft of public resources, food items and the Independent Expert no isolation and no boycott medicines, which have found their way Regrettably, it appears that a campaign Countries must not be isolated and boy- into neighbouring countries, affecting the was launched against my mission weeks cotted. What is crucial is to demonstrate enjoyment of human rights by populations before my arrival in Caracas and some a level of international solidarity through for whom these resources were original- even called the mission a “fake investi- measures of inclusion and a concerted ef- ly intended. The UN Office on Drug and gation”. Similarly, in the social media the fort through international organizations Crime can help states tackle some of these credibility of my person was put into ques- like UNDP, UNICEF, FAO, UNAIDS, etc. problems. In Venezuela there has been tion and I was subjected to ad hominem to help. I specifically requested Venezue- widespread sabotage of public property, attacks, including insults and all sorts of la to seek advisory services and technical arson against public buildings, hospitals accusations, even before I had spoken to a assistance from the United Nations, and it and other institutions, destruction of elec- single journalist or given a press confer- appears that this call has been listened to2. tricity and telephone lines, etc., sometimes ence. This reflects a high level of polari- I also recommended that seven other rap- associated with electoral campaigns. I am zation and refusal to accept that an inde- porteurs be invited. concerned about reports I have received pendent expert is independent, and that he UN Rapporteurs can highlight good about these acts of sabotage, which could comes to listen and evaluate, not to grand- initiatives and recognize lessons learned. even be considered under the rubric “ter- stand and condemn. In the case of Venezuela, I think that the rorism”. There is a worrying media campaign to Venezuelan program of building low-cost While the Venezuelan government force observers into a preconceived view, housing has proven a good thing and have tends to blame outside causes like sanc- e.g. that there is a “humanitarian crisis” in saved millions of persons from poverty tions and the drop in the price of petro- Venezuela. We should be wary of hyper- and homelessness. In Ecuador I admire leum, it is also important to understand bole and exaggeration, bearing in mind that the Plan Nacional de Desarrollo 2017– the multiple errors made by government “humanitarian crisis” is a terminus techni- 2021 and the initiatives to adopt a Unit- in trying to tackle these problems. Many cus and could be misused as a pretext for ed Nations Treaty on the Social Responsi- observers have pointed out that there are military intervention and regime change. bility of Transnational Corporations, and too many ideologues and too few techno- the creation of a United Nations Tax body crats in public administration. Some are No “humaitarian crisis” that would coordinate tax policies with a worried about the weight of the military. Of course, there should be free flow of view to phase out tax competition, tax ha- The lack of regular, publicly available data food and medicines into Venezuela in vens and tax evasion. The initiative for a on nutritional status, epidemiology, infla- order to alleviate the current scarcity of financial transactions tax deserves univer- tion and the budget has complicated ef- food and medicines. But such help should sal support. forts to provide humanitarian support and be truly humanitarian and should not have I also recognize that both countries are increased negative speculation about the ulterior political purposes. The Interna- making a considerable effort to achieve state of the overall economy and about tional Committee of the Red Cross, Car- the 17 Sustainable Development Goals food and health sectors. itas and other organizations could surely ahead of the 2030 deadline, and both de- The government could also exercise help in coordinating the importation and vote a considerable percentage of national more flexibility with monetary policies distributions of aid. budgets to social services. and provide incentives to the private sec- The situation in Venezuela definite- tor – as has been done in other countries ly does not reach the threshold of human- Most important is to ensure that have maintained social models while itarian crisis, even though there is suffer- that social peace is maintained easing exchange and loosening price con- ing caused by internal and external reasons. Most important is to ensure that social trols – in order to ensure that entrepre- Any observer will recognize that there is peace is maintained. To promote dia- neurs are not driven out of business by scarcity in some sectors, malnutrition, in- logue among all sectors of the popula- high replacement costs and feelings of in- security, anguish. When in Venezuela, I in- tion, to reach out to the private sector and security. I also hope that, in both coun- quired from many stakeholders about the listen to their proposals. In both Vene- tries, government will engage more with reasons and I also learned of the measures zuela and Ecuador, there is a great as- a diverse group of non-governmental ac- taken by the government to address these piration for peace and justice, what the tors, and work together to resolve social problems, making relevant recommenda- Ecuadorians call buen vivir. This was re- and political problems. tions to the government how to improve on flected in the Interparliamentary Union’s those measures. I have also recommended 2014 Quito Declaration, which I wish Willing cooperation from the that the government intensify its coopera- to fully endorse, as I also endorse the governments of Venezuela and Ecuador tion and seek additional assistance from in- CELAC 2014 resolution declaring Latin I must express my appreciation to the Ven- ternational and regional organizations, and America and the Caribbean a “zone of ezuelan and Ecuadorian governments, that it welcome the advisory services of in- peace”. These are good practices to fol- which made every effort to answer my ternational economists and other experts low. Pax optima rerum3. • questions and provided documentation who could provide advice on how to solve and statistics, including through power- persistent economic problems, including 1 http://www.ohchr.org/en/News- point presentations, which I am in the pro- inflation. It is unhelpful simply to repeat Events/Pages/DisplayNews. cess to evaluate and compare with other that there is an unacceptable level of suf- aspx?NewsID=22457&LangID=E from 11 De- sources of information. fering in some sectors. What is crucial is cember 2017 Civil society organizations also pro- to make constructive proposals. In order to 2 http://www.redpres.com/t26946-venezuela-am- pliara-cooperacion-con-la-onu-para-fortalecer- vided very useful documentation, and I formulate such proposals, it is important to abastecimiento-de-medicamentos#sthash.DYaKh- met with NGOs, indigenous persons, in- study the many causes of the problems. It 5wI.dpbs dividuals and families of persons in de- is important to know the impact of sabo- 3 Peace is the highest good. Motto of the Peace of tention and persons whose relatives died tage, hoarding, black market activities, in- Westphalia, 1648. No 1 10 January 2018 Current Concerns Page 4

”Make 2018 a year of …” cal nonsense “the war to end all wars”. We This insight is also a chance: There is no continued from page 1 know what became out of it. longer a need to brood about what to do with the “evil” others. The crucial step is “Since wars are created in the minds of The myth of the wrong to keep your own country in order. people, also peace has to be rooted in the “appeasement policy” minds of people.” There are good reasons Again and again we are served up with a International understanding – for this. very big lie: The myth of the wrong “ap- a delightful matter peasement policy” by France and Great How can we succeed? The direct path is … but also a global desire for peace Britain before World War II. This is why currently closed. The NATO states’ par- The world has changed since 1918 (or we hear now: If the other has “evil” plans, liamentary system does not provide suffi- since the years preceding 1914). The Unit- we may not concede anything. And surely cient means for direct influence. But there ed Nations have banned war. The word- we should all believe that Putin is a “new is also an indirect way: to support and to ing at the beginning of the Charter of Hitler” (Hillary Clinton). “Trump is kick- strengthen all those who want peace – and the United Nations of 26 June 1945 can- ing in Putin’s shin” we can read on page 1 to thwart enemy stereotypes. International not be cited too often: “We the peoples of the “Neue Zürcher Zeitung” of 27 De- understanding has many devices: reading of the United Nations determined to save cember 2017. The US government has de- good books about our and other countries succeeding generations from the scourge cided to deliver anti-tank missiles to the and peoples, personal encounters in trav- of war, which twice in our lifetime has Ukrainian government. The newspaper el, visits and invitations, building up equal brought untold sorrow to mankind...” The stated that for Ukraine “the restitution of partnerships, between persons, clubs, in- world could take up Bertha von Suttner’s its sovereignty and territorial integrity” stitutions, communes, cities and so on. works and those of the many personalities were at stake – and the forcible suppres- In the beginning we have the will: Yes, who have taken a stand for peace, with- sion of the other in Eastern Ukraine … I will make 2018 the year of internation- out success in their times but giving ori- and the advance of NATO towards the al understanding. It should be a matter of entation for later generations. The global Russian border. But of course this is not course. Today it is a big matter, a matter protest against the United States’ Vietnam stated. Just like it is not stated that the that has a meaning – and also a delightful War was not without consequences. The British policy before World War II had no matter. • protests against the Iraq War and the po- real interest in peace but instead was aim- litical ignorance of the US and their “coa- ing towards a mutual destructive war of lition of the willing” have documented for National-Socialist Hitler-Germany versus the world that injustice is under way. The the Communist Soviet Union, thus going former “Western leading power” has lost any length to pull off the “Hitler project”. Current Concerns its reputation. Word is around that the US Personalities looking for means The international journal for independent and the other NATO states are leading il- thought, ethical standards, moral legal wars. The ugly face of war has be- to relieve the increasing tension responsibility, come obvious. Personalities like Matthias Platzeck or and for the promotion and respect Sure, the education for peace in our Gabriele Krone-Schmalz are among the of public international law, human rights schools has lost substance. In the past people looking for means to stop the in- and humanitarian law years, peace in our own country has be- creasing tension and the imminent esca- Publisher: Zeit-Fragen Cooperative come natural. The many wars elsewhere lation. This is why they try to put them- Editor: Erika Vögeli seemed to be far away. To take a stand for selves into the shoes of the “others” in Address: Current Concerns, peace seemed to be a job for hardened ide- order to understand their positions (cf. P.O. Box, CH-8044 Zurich alists, for unworldly dreamers. There were Current Concerns No 32, 31 Decem- Phone: +41 (0)44 350 65 50 more important things to do. But still: The ber 2017). And they arrive at interest- Fax: +41 (0)44 350 65 51 majority of citizens did not and still does ing conclusions: indeed, Hitler did have E-Mail: [email protected] not want war. It was never possible to “evil” designs – which could be used. Subscription details: cover up the misery of war. But Vladimir Putin and Russia (and also published regularly electronically as PDF file China) do not have “evil” plans. On the Annual subscription rate of Politicians always say: contrary! In spite of all weaknesses and SFr. 40,-, € 30,-, £ 25,-, $ 40,- We do not want war! for the following countries: flaws: Russia and also China are seek- Australia, Austria, Belgium, Brunei, Canada, This is why politicians and media never ing a global order based on equality and Cyprus, , Denmark, Finland, France, Germany, say: We want war! Instead they say: We Greece, Hongkong, Iceland, Ireland, Israel, Italy, international law. They are open-mind- Japan, Kuwait, Liechtenstein, Luxembourg, need to deter, we have to show strength, ed, looking for agreements which could Netherlands, New Zealand, Norway, Qatar, we must be prepared. be advantageous for all parties. And: Singapore, Spain, Sweden, Switzerland, United German politicians prefer the phrase: Putin for example is representing a peo- Arab ­Emirates, United Kingdom, USA We need to take more global responsibil- ple which wants to live in peace … but in Annual subscription rate of SFr. 20,-, € 15,-, £ 12,50, $ 20,- ity. its own style: respected in its dignity and for all other countries. But the problem should always be the self-determinination. Account: Postscheck-Konto: PC 87-644472-4 others. Moreover: If there are aggressive, The editors reserve the right to shorten letters to Or they twist logic: We have to wage “evil” designs to expose, then in our the editor. Letters to the editor do not necessa- war for peace. We need to protect human own camp. This has been proven again rily reflect the views and opinions of Current rights with mass murder. We introduce and again, for example by Gabriele Kro- Concerns. democracy with a coup d’état. US Presi- ne-Schmalz. Indeed: The greatest contri- © 2013. All rights reserved. No reproduction, copy or dent Woodrow Wilson justified his coun- bution for peace would be a democratic transmission of this publication may be made without written permission. try’s entry into World War I with the logi- change in our own countries. No 1 10 January 2018 Current Concerns Page 5 Switzerland – EU: A relation of equals? Legal certainty in good faith looks somewhat different by Dr iur Marianne Wüthrich

A contract is usually concluded when ited Switzerland. In the publicly accessi- speak: “We also intend to discuss the rec- both parties are convinced that it will ble fragments of the media conference2, ognition of the equivalence of the Swiss benefit them and longer-term contracts the President of the Swiss Confedera- stock market regulation in the Commis- are maintained as long as the partners tion Doris Leuthard and the President of sion in December. Switzerland needs this want to continue. In principle, this ap- the European Commission Jean-Claude declaration in order to be able to do se- plies to agreements between sovereign Juncker made brief statements focusing curities trading throughout Europe. That’s states, and it also applied to relations on two main areas: the omnipresent in- what we do during the month of Decem- between Switzerland and the Europe- stitutional framework agreement and the ber.” (SRF News from 23.11.2017) an Community for a long time. In 1972, payment of 1.3 billion Swiss francs into These words were probably rather for example, Switzerland, together with the European Cohesion Fund, which the hasty: on 20 December it became known the other EFTA states, concluded a free Federal Council has generously pledged, that the EU Commission and the European trade agreement with the EEC (excluding even though it is not the ultimate author- Council only wish to grant the Swiss stock agricultural products1), an agreement of ity (see below). No wonder, Mr Juncker exchange access to EU securities trading equals, which is still in force today. was in the best of moods when he stated on a provisional basis, until the end of However, on 7 February 1992, with in front of the media:” I am glad that we 2018. This is in contrast to other countries, the treaty on the European Union (Trea- have succeeded in finding on the side of such as the USA, whose access to EU se- ty of Maastricht), the EC took a course to- Switzerland a solution to the issue of the curities trading is not subject to any con- wards the “ever closer union”, which was free movement of persons, which is such ditions. (see daily press from 20/21 De- intended from the outset, and subsequent- that we find it sympathetic […]”. cember) A pure harassment, creating also ly developed its legal structure and its ad- A masterful formulation: We – that is additional cost, because Swiss securities ministration towards a monstrous cen- to say, the EU leaders – have succeeded traders would have to involve an interme- tralised bureaucracy. Accordingly, the in getting the Federal Council and the ma- diary, such as a bank in an EU country. two-pronged EU Commission and the Eu- jority of the parliament to vote for the EU- However, as has already been publicised, ropean Court of Justice increasingly be- compatible “priority for nationals light”. the lack of recognition of the Swiss stock haved as absolute rulers. Also Switzerland And if the Swiss continue to adhere to exchange rules would also harm traders has felt the same effect since the sovereign the Brussels guidelines in the future – but in the EU – they also want uncomplicat- said ‘no’ to its accession to the EEA, over only then – Juncker & Co will continue to ed stock exchange transactions with Swit- 25 years ago, on 6 December 1992. In any find them sympathetic. zerland. case, what the EU sometimes expects us to In order to increase pressure, the EU accept is more like a power relation than a … and how quickly also put the Swiss financial centre on a contractual relationship. And, I am sorry the “friendship” can be over grey list since 5 December, as a late reac- to add, our Federal Councillors involved Jean-Claude Juncker at the press confer- tion to the Swiss voters ‘no’ on 12 Febru- don’t seem to mind this, as long as they are ence on 23 November 2017: “We talked ary 2017 on corporate tax reform III. At all smiling in front of the cameras jointly about the framework agreement – actually that time, they said ‘no’ to the levelling with the masteries. a terrible non-word, de facto it’s rather a of cantonal tax rates, whose federalist di- But if, as is currently the case, there are kind of friendship treaty – between Swit- versity had branded Brussels as a distor- harsher sounds coming out of Brussels, zerland and the European Union” [em- tion of competition. Also here: No sign of they are indignant – even though every ex- phasis mw]. As long as the negotiations legal certainty. The EU power structure perienced Swiss politician or negotiator continue, he could not provide any further and Switzerland, with its direct democrat- knows very well how the EU head office information on the progress made, but “all ic and federalist structure, are as different works. And also knows that the Swiss peo- this is moving in the right direction”. (SRF as fire and water. ple, with their strong desire for independ- News from 23.11.2017) ence and their commitment to direct democ- Well, the newly evoked friendship last- The Federal Council pledges 1.3 billion racy, especially in matters of foreign policy, ed only a few weeks: Since mid-Decem- to the cohesion fund to the EU without cannot be integrated into the EU structure. ber 2017, all the sudden the EU’s lead- anything in return – not really! ers – after years of negotiations – do not At the media conference from 23.11.2017, At present, we are talking about new cohe- see sufficiently fast progress in the ne- the Federal Council announced that Swit- sion billions and the institutional framework gotiations on the framework agreement. zerland was to pay another 1.3 billion agreement – and again and again about mas- Do Brussels’ troubles with the Brexit Swiss francs in cohesion money to the EU, sive pressure attempts on the part of the EU, play a role? Doris Leuthard, who want- 200 million Swiss francs for migration and sanctions in breach of contract and breach of ed to crown her presidential year with the the “rest” (after all, 1.1 billion Swiss francs promises, as it is not the custom among re- Juncker visit, had certainly not expect- of our taxpayers’ money) for vocational liable contractual partners. The more com- ed such a rapid change “from thaw to ice training and against youth unemployment pliant Switzerland is, the more arbitrary the age” (“Blick” from 23.12.2017). in the Eastern European EU states. Doris “measures” of the hegemon in Brussels. Not This time, Brussels took a means of Leuthard: “Not in the light of political in- any sign of legal certainty. pressure out of the drawer to hurt the terests but in the light of all the good re- Swiss financial centre. Although, in his lations and because the situation has now Juncker’s visit to Berne: media statement of 23 November, Jean- effectively stabilised and developed pos- How Switzerland can curry Claude Juncker made a verbatim promise itively this year, the Federal Council acts Brussels’ sympathy … in return for Switzerland’s good conduct this way.” (SRF News from 23.11.2017) On 23 November 2017, EU Commis- and the cohesion billions promised by sion President Jean-Claude Juncker vis- the Federal Council as an advance, so to continued on page 6 No 1 10 January 2018 Current Concerns Page 6

”Switzerland – EU: A relation of …” tent of this ominous agreement has not First of all, it is not true that the econ- continued from page 5 been disclosed to date, some of the most omies of the member states that are important cornerstones have long been fully surrendering themselves to the EU That can’t be true: giving billions of known (see box below). It is considered are doing better. On the contrary, many euros of tax money to a tough opponent of certain that the agreement, which would countries are getting worse today, after the treaty without claiming anything in re- reduce the direct democratic rights of the they formerly used to have their own cur- turn? For a patronising – and not very sus- Swiss to a small percentage, would be rency and the freedom to trade and make tainable – pat on the back by Mr Juncker, rejected by the people at the ballot box. agreements with whomever they wanted. “in the light of all the good relations”? Are That’s why our federal councillors are And the more prosperous states will be our Federal Councillors that naive? rather walking on egg shells, like Doris milked, because the whole bureaucratic Now that the EU has moved away Leuthard during the visit of Junckers structure and the high wages and sala- from its velvety course in lightning speed on 23 November: “In two or three areas ries of civil servants, judges and parlia- and has shown its claws, various Feder- there are still differences [without reveal- mentarians and so on must be paid. Not al Councillors are hurrying to put their ing in which areas, mw], but today’s dis- to mention feeding the bottomless fund- promise into perspective. On a positive cussion has shown” that both sides do ing programmes, the interest rates on the note, the new Head of the FDFA, Igna- want this framework agreement [...]”. huge debts and many other programmes zio Cassis, on his inaugural visit to Paris, (SRF News from 23.11.2017) - well know- costing billions of dollars. rejected the combination of the frame- ing that one side, namely the Swiss vot- We Swiss, on the other hand, in spite work agreement and the recognition of the ers, most likely just do not want it... of many adversities, have still retained Swiss stock exchange regulation, as well Once the framework agreement has been some freedom to shape our country and as Switzerland’s placement on a grey EU signed by the Federal Council, it would our economy as we like. This is main- list and questioned the cohesion payment. take several years to reach a final deci- ly due to our federalism and the direct Members of parliament from various po- sion: starting with the Federal Council’s democratic rights of citizens. Not only litical groups, including the SP, also ex- message to the parliament, through the our freedom, but also our prosperity pressed their views in the same spirit.3 parliamentary commissions to the par- are closely linked to these indispensa- It is not that we are opposed to help- liamentary debates, alternately in the Na- ble foundations of Switzerland. EU sup- ing the young people in Eastern Europe so tional Council and Council of States, and porters like to state that our prosperity is that they can do an apprenticeship. But we finally through the 100-day referendum above all the result of the bilateral trea- are resolutely resisting the fact that we are period to the plebiscite. ties. Answering to this, it must be said being driven further and further into the that Switzerland, as a landlocked coun- EU’s centralist and undemocratic colossus Freedom or prosperity – a contrast? try with few natural resources, natural- – and on top of that, we should hand over We Swiss people would have to decide ly needs trade and cultural exchange our good money? whether we wanted freedom or prosper- with the other countries of Europe and ity, according to a newspaper commen- the world. Switzerland has always been a Direct democracy needs time, tary these days. Either we keep our in- cosmopolitan country. But as a sovereign and the final outcome is open dependence and pay the price of limited state, we expect our contractual partners The executives have little power in the market access to the European Union. Or to treat us with integrity and to abide by Swiss state model at all three levels of we are fully involved in the EU’s inter- good faith.5 government, a constant nuisance for the nal market, accepting the dictates of the The fact is that we are doing so well EU proponents in the federal administra- EU’s legal system and the supervision by in economic terms, above all because the tion. In fact, the Federal Council is not the European Court of Justice. A difficult people of the Confederation, the cantons formally entitled to commit to either a co- choice for us who want to have both, free- and the communes determine their own hesion billion or a framework agreement. dom and prosperity. fate. Switzerland is one of the few Eu- This is probably difficult to understand There are several objections to this ar- ropean countries that complies with the for the EU-bodies, unfamiliar with Swiss gumentation. democratic rules. The Federal Council’s continued on page 7 task would be to make the direct demo- cratic Swiss model clear in Brussels and To the content of the institutional framework agreement to appoint negotiators who are fully sup- porting it. mw. According to the homepage of the comply with EU law on one point, they Federal Department of Foreign Affairs would appeal to the European Court of • Whether and how much Switzer- 1 land wants to pay into the EU Cohe- (FDFA), what is known today: Firstly, the Justice (ECJ), whose interpretation of framework agreement includes Switzer- EU law is thirdly, binding and fourth- sion Fund is up to the National Council land’s obligation to take over the entire ly, would ultimately decide. This means and the Council of States. According EU legal development in all areas gov- that EU law would be above Swiss law. to Article 10 of the Law on Assistance erned by more than 100 bilateral trea- The so-called EFTA Court, the “little to Eastern Europe, the parliament may ties. If we consider the two momentous brother of the ECJ” set up by the EU, is decide to finance support measures for electrical power agreements and agri- also sometimes discussed to ensure the Eastern European states without the cultural agreements (agriculture, food parallel application of the EU-Acquis to possibility of a referendum.4 safety, product safety, public health) the EEA countries Norway, Iceland and • The parliament also decides on the con- pre-tracked by the Federal Council, as Liechtenstein. It does not really matter clusion of bilateral agreements with the well as the already existing integration whether a Swiss judge is sitting there: of neutral Switzerland into the Europe- Judges judging Switzerland on the basis European Union. Voters, on the other an Security and Defense Policy, almost of foreign law, remain foreign judges. hand, can vote on it in an optional refer- all important legal areas would be af- To be continued as soon as the con- endum, which will certainly be the case fected. Second point is the monitoring tract contents are on the table. with the framework agreement. This is of application of the agreements by EU 1FDFA, Switzerland’s European policy, also the reason why the negotiating teams bodies (especially the Commission). If negotiations and open issues from Berne and Brussels do not get on they believe that Switzerland would not (as of May 2016) for years, more or less. Although the con- No 1 10 January 2018 Current Concerns Page 7 Syrian city of Raqqa on brink of epidemic

“We cannot fail to mention that the city The reason for the upcoming epi- “This requires a very vigorous effort on actually is destroyed and on the brink of demic was the numerous bodies lying the part of the international community. In an epidemic. I am sure you have been in- under the rubble of the buildings in any case, what Russia is doing today, by formed of this”, Russian Defense Minis- Rakka. According to the Minister of demining and preparing Syrian pioneers, ter Sergey Shoigu said on 21 December at Defense, the city is also almost com- requires serious support, and we also ex- a trilateral meeting with Russian Foreign pletely mined. In addition to the mines pect it from the UN structures”, Shoigu Minister Sergey Lavrov and United Na- that were “laid when the bandits with- continued. • tions Special Envoy for Syria Staffan de drew, there are also unexploded ord- Source: Sputniknews from 21.12.2017 Mistura. “We would like to discuss with nance”, which is why people could not you vigorous steps to improve this situation”. enter their homes. (Translation Current Concerns)

US government does not allow Serbian ”Switzerland – EU: A relation of …” experts de-mining in Syria continued from page 6 Recently, Serbian media reported that Repentance, insight, feeling of guilt, Maastricht rules (without having to). the US government did not allow Serbi- mercy, mourning, compassion – this is Like our political system, our curren- an de-mining experts to be used in Syria. not known to the US war machine. Only cy is one of the most stable and secure, Serbia wanted to make the relief forces killing, tormenting and destroying – we which is why smaller or larger savings trained after the Kosovo war available to are waiting for the implementation of a from abroad continue to flow into Swiss maltreated Syria, so that the population Christian commitment of the “new” pres- banks, despite the fact that we have been there could return to everyday life more ident. Probably the world is waiting in forced to abolish our bank secrecy. De- or less without further sacrifices. But the vain ... spite the strong Swiss franc, Swiss com- cruel war power USA forbids it. Finally, panies are doing even better today than the training of the Serbian de-mining ex- Dr Barbara Hug they did a few years ago, and despite the perts was paid for, so that Serbia/Koso- high level of immigration from the EU vo etc. would be free of explosive devic- member states, youth unemployment is es, and not Syria. (Translation Current Concerns) still record low, primarily because of the deep anchoring of dual vocational train- ing in companies and among citizens. Catalonia –now only Finally, many citizens in EU mem- ber states also have urgent questions that a genuine dialogue remains! need to be taken seriously: How can it be by Dr phil René Roca, “Forschungsinstitut direkte Demokratie” (Research Institute that such an important project as the Eu- Direct Democracy) ropean Union – which, as we all know, aims at peaceful coexistence of peoples After the regional elections on 21 Decem- stitutional Court. In addition, the current – incapacitates its own members to such ber 2017, the political situation in Cata- Spanish Constitution would require a re- an extent that they can no longer regu- lonia has virtually not changed. The sep- vision; it breathes the spirit of transition late their own affairs themselves? How aratist parties have again achieved the from dictatorship to democracy. The con- can it be that the parliaments of the mem- absolute majority of seats in the regional stitution can be changed by the national ber states have little more to do, because parliament. They should also provide the parliament and the population; this usu- more and more law is being set in Brus- next regional government. ally gives a country the necessary legal sels? What kind of group of nations is it Whoever becomes head of govern- basis and legal certainty in a positivist that takes such a grasp on a state that is ment, the central government in Ma- manner. The Spanish constitution should willing to leave, so that no one else has drid under Prime Minister Rajoy urgent- reflect more closely the culture and his- the idea of doing the same? Freedom or ly needs to jump over its own shadow tory of the diverse country and thus come prosperity? Do the EU member states and offer hand for talks. Rajoy’s strate- closer to an understanding based on nat- have a choice? • gy did not work out, but that was fore- ural law. In this way, one could also win seeable. Police violence and criminalisa- the young generation to overcome re- 1 Agreement between the European Economic tion are no adequate democratic means. gionalist trenches in the future and to de- Community and the Swiss Confederation of 22 July 1972, entered into force on 1 January 1973. Such a procedure reminded many Cata- velop the state democratically in a feder- 2 Swiss-EU relations. Live ticker on the Junck- lans of gloomy Franco times. Despite all alist sense. er and Federal Councils meeting. SRF News from prophecies of doom, the Catalan people Another stubborn refusing of Madrid 23.11.2017 3 “Cassis speaks plain text in Paris”, sda-message kept exemplary calm, even though sepa- to talk would only exacerbate the political from 20.12.2017 ratist politicians went to prison under the and economic situation. Now is the time 4 Federal Law on Assistance with the States of East- charge of “rebellion.” to pick up the line of conversation, if not ern Europe of 24 March 2006, adopted by the peo- ples vote on 26.11.2006 as a basis for the payment Both sides must now approach each in Madrid or Barcelona, then in Geneva; of the first cohesion billion over a period of ten other. First, the autonomy of Catalonia certainly not in Brussels, whose EU-appa- years. On 30.9.2016 it was extended by the parlia- must be restored; preferably with the op- ratus has already switched the operation to ment without the referendum being taken. tion of recovering the 2006 democrati- Christmas holidays the day after the elec- 5 Incidentally, our positive external trade balance is mainly based on trade with non-EU countries, be- cally ratified Statute of Autonomy, which tions in Catalonia, in order not to have to cause we import far more goods and services from was badly ripped up by the Spanish Con- answer unpleasant questions. • EU countries than we export to them. No 1 10 January 2018 Current Concerns Page 8 Basque Country makes proposal for mediation gl. The development in Catalonia is being Spanish government and sent messages to mous communities of Spain, the Basque watched very closely in the Basque Coun- Brussels. His main aim was definitely to tax authorities collect all taxes themselves try. The Basque Head of Government avoid the unprecedented intervention of and manage their own budget indepen- Iñigo Urkullu of the Basque Nationalist the central government in the autonomy dently. The Basque country pays the Ma- Party (EAJ-PNV) is rooted in the Catho- of the regions. drid government an annual amount equal lic base communities of the Basque Coun- In an interview with Radio Euskadi, to its share of Spanish GDP (6.24%) to fi- try and had already tried to mediate in re- Urkullu argued that Madrid should rec- nance the central government’s tasks. The cent months through the Archbishop of ognise the election results of 21 Decem- Catalan Government had refrained from Barcelona and the abbots of the Cata- ber and offer political solutions instead of such a regulation of extensive taxing au- lan monasteries of Montserrat and Pob- criminal law measures. He was in favour thority in 1980 when negotiating the first let. On 27 September, before the vote on of restoring the situation before last 6 Sep- Statute of Autonomy. Today, Uriarte sees 1 October, a declaration on Catalonia was tember. On 6 September, the Catalan Par- this as a big mistake, because although the adopted by the Standing Committee of the liament approved the law on the imple- Basque country has gone a hard and risky Spanish Bishops Conference, in favour of mentation of the plebiscite of 1 October. way with the introduction of tax autono- an honest dialogue and the rights of the In an interview with the Catalan news- my in an extremely difficult economic sit- peoples of Spain, to the annoyance of the paper “La Vanguardia”, former Basque Fi- uation, but is in good shape today. On the Madrid government and almost the entire nance Minister Pedro Luis Uriarte, who is other hand, the Catalan government is in Spanish press. considered the father of Basque tax law, debt today. • Urkullu also repeatedly advised Cat- suggested granting Catalonia the same alan President Puigdemont not to create taxing authority as the Basque country al- Sources: La Vanguardia from 26.11.2017 and a hopeless situation. He spoke with the ready has today. Unlike the other autono- 28.12.2017; Noticias de Gipúzkoa from 30.12.2017

German government should set new course km. Peter Gauweiler, former Bavarian itly stated in its judgment on the Lisbon is not good. I also think that the threads Minister of the Environment and Depu- Treaty: When it comes to fundamental is- of military intervention is not good. […] ty CSU Chairman, spoke in an interview sues of sovereignty, the people must be Everyone is showing off, without realiz- with the Russian news portal Sputnik called to vote.” ing where this could end. One enters a (23 December 2017) regarding current Gauweiler showed disappointment at state of disaster in a trance and to this one issues in German and international poli- the policy of the new US president: “In can only say: wake up! Of course, Russia tics as well as on the tasks of a new Ger- fact, despite all the controversy, I credited has to be integrated into European struc- man government: “We have four deci- Trump for his election campaign promise, tures. Of course, the sanctions imposed sive points. One of them is the question that the Americans would step back from against Russia were stupid and urgently of open borders and how to deal with their role as the policeman of the world. need to be removed. And of course, there those who have already come to us in the Accordingly, I am a bit disappointed that must be a close cooperation between the last year and a half, in the context of the he is doing the opposite of many of his US and Russia.” so-called wave of refugees. The other is- campaign promises.” He also defined Germany’s role in sues are include the saving of the Euro, As in previous years, Gauweiler rates this conflict differently from the current the participation in military missions Russia’s role in world politics and de- German policy: “Germany has a media- abroad for – I put it in quotation marks velopment in that country different- tor function because of our position. The – ‘our values’ and the matter of sanc- ly than the mainstream policy has up centre between the Atlantic and the Urals tions against Russia. In all of these four to now. He considers the constant at- lies between Berlin and Warsaw. We al- points, the new government must set new tacks on the country counterproductive: ways have to be careful that the boat does course.” “I believe that Russia plays an important not tip over to the wrong side. We can Gauweiler, who sued the German Fed- role. And we must not psychologically not relax here. Someone like me, born in eral Constitutional Court against the Euro treat the Russians any worse now than in 1949, never dared to hope that the Iron rescue policy, referred to a recent judg- the days of Brezhnev. Russia has expe- Curtain would fall, that the Red Army ment of the highest German court: “I may rienced quite a boom. Anyone traveling would withdraw so peacefully from Ger- remind you that the Federal Constitution- to Moscow today sees a great, prosper- many, would never have thought that the al Court in August this year judged in a ous, fantastic city.” In view of the some- German economy had such great oppor- sensational decision the so-called ‘Quan- times very sharp verbal attacks, he added: tunities in Russia – and vice versa – and titative Easing Program’ of the European “I think this verbal escalation, although that we in Bavaria would enjoy seeing Central Bank, as not compatible with the I am myself a friend of clear language, Russian guests shopping over here.” • separation of powers and the principle of democracy of the Basic Law. According to this program, bond purchases for 60 bil- “I think this verbal escalation, although I am myself a lion Euros and larger were made month- ly – meanwhile the total amount exceeds friend of clear language, is not good. I also think that the 2 trillion Euros.” threads of military intervention is not good. [...] Everyone Asked whether direct democracy and referendums are just for “populists”, he is showing off, without realizing where this could end. One replied clearly: “Referendums are not a populist question. […] In the end, the enters a state of disaster in a trance and to this one can only sovereign must always decide. And the say: wake up!” (Peter Gauweiler) Federal Constitutional Court has explic- No 1 10 January 2018 Current Concerns Page 9 How can democracy in Germany become more direct? by Christian Fischer

After the general election, we have a more colourful parliament in Germany and are experiencing great difficulties in form- ing a government. However, many citi- zens do not see this as the expression of an increased diversity of opinion and of irreconcilable contradictions – too much do most parties argue about points which are not really fundamental, and too much are their differences recognisable rath- er as tactical games in the party poker than as sound arguments. In the citizen- ry, therefore, voices against a facade de- mocracy and for more direct democracy are becoming louder. That is why the re- lationship between direct and represent- ative democracy shall for once be exam- ined in more detail here.

First, the term “representative”, by which our democracy in Germany is often char- acterised, must itself be examined criti- cally. It does not appear in German Basic Law. Karl Albrecht Schachtschneider points out1 that the term was introduced by Carl Schmitt in 1928, in order to polit- ically legitimise an ostensibly democratic system – or better said: to deprive the peo- ple of their right of decision. In the teach- ing of the Schmitt student Gerhard Leib- holz, who unfortunately determined the jurisprudence of the Federal Constitution- al Court over 20 years, the concept of rep- resentation served to establish the domin- ion by “representative” parties over a no longer sovereign citizenship. The political system of Germany would, on the contra- ry, be correctly described by the concept of (parliamentary) “substitution”. In this term, the constitutionally desired sover- eignty of citizens is not lost. “Vote today!” Why not also in Germany? (picture ma) Direct or via substitution – a contrast? ereignty of the people. And that is as it parliament and the sovereign, and that the Even in Switzerland in which directl de- should be. people as sovereign can make themselves mocracy is further developed, and which If you think of a democracy as a po- known politically almost exclusively via must be mentioned as a point of reference litical cooperative (Switzerland is a “con- party activity – as if just being a citizen on this subject, there are parliamentary federation”) in which the associates (“cit- were not enough for “maturity”. In Ger- representatives who draft laws, laws of izens”) have equal voting rights, then you many this is also a consequence of the which not less than 90% are not “present- see that there must also be membership jurisprudence of the Federal Constitu- ed to the people”. Of course here every meetings (“elections”) in which commit- tional Court, which was shaped by Carl law can be put to a nationwide vote if tees capable of acting are chosen. In the Schmitt’s doctrine,2 whereby to all intents 50,000 signatures demand this. The peo- big “democracy cooperative”, these are a and purposes, the parties were established ple can also initiate constitutional chang- parliament as a legislative and a govern- as representatives of the people. es themselves, if they collect 100,000 sig- ment as an executive branch, and a num- natures calling for this. At the federal ber of other sovereign institutions. In each Fair and just elections level, laws passed by parliament and hav- cooperative, the committees are left alone In Germany, unlike in many other democ- ing constitutional status must be brought with their work for a while; they can and racies, a double electoral system has been “before the people”. But all of this is no must act independently. With a complex set up for national elections, where one substitute for an at least semi-profession- cooperative like a state, day-to-day busi- citizen per constituency is directly elect- al legislature. And certainly not for other ness is far more extensive than, say, with a ed with a first vote and one party with a genuine representation tasks of the state. cooperative of winegrowers. second vote. In this way the personality of Every court verdict is pronounced “in the Unfortunately, in our state the parties a representative is to the fore on the one name of the people”. Every “minister” and have become more powerful and ensure every policeman acts on behalf of the sov- that there is less and less contact between continued on page 10 No 1 10 January 2018 Current Concerns Page 10

”How can democracy in Germany …” vote. This provides for a broader represen- But on which topics might there be continued from page 9 tation of the different popular wills (plu- plebiscites at federal level? Article 73 of ral) than can be obtained by an exclusive- the Basic Law provides information: For- hand, and on the other hand, the propor- ly majority voting. The current criticism eign and foreign trade policy, nationwide tionality of the second vote prevents a ma- of the many overhang mandates would be infrastructure tasks, defense and monetary jority of the votes (for all defeated candi- pointless. The faction formation could, for policy, some other topics. Yes, these are dates) from being virtually ignored – as is example, be restricted to the party repre- important issues, but many important po- the case with the majority voting system. sentatives of the second vote. Half of the litical issues are matters of the states or the That is a good idea. However, the candi- deputies (first vote) would remain non-at- subject of “concurrent” legislation of the dates for direct election are almost always tached; of course they would be allowed to federation and the states (Article 74 of the party representatives at the same time, vote with a political group if they so want- Basic Law), i.e. between the “Bundestag” and many of them are placed on the party ed. Perhaps many party politicians would and the “Bundesrat”. That is also good, list for the second vote in such a way that not get involved in the first-vote experi- because the more decentralised and fed- they are secure of their mandate even as ment, and the chance for non-party or par- eral the organisation of the state, the more runner-up or third place finisher. So this in ty-politically non-career-minded, mat- democratic it is. turn almost reduces the idea to absurdity. ter-of-fact citizens to be elected into the Speaking of federalism, our “Bun- There are exceptions. In the last feder- “Bundestag” would be greater. The vote desrat” (federal council) can also be taken al election in 2017, there were 28 non-par- cast for a candidate rather than a party into consideration when considering direct ty direct candidates, of which one reached which is actually intended by the two- democracy. The citizens are not very con- 9% of the votes in his constituency; the vote system would be largely freed from scious of it as the council representing the others remained more or less clearly in the the parties’ grip, and by its party propor- states. There is a reason for this: It is not per mille region.3 Concerning party pro- tionality, the second vote would even have elected by the citizens. It is an assembly portionality, a 5% clause has also been in- largely mitigated the injustices of pure of the state governments, i.e. their execu- troduced – without any constitutional ob- majority voting. tives, which have 3–6 votes depending on ligation – so that only fairly stable (and This is meant only as a contribution to the federal state. Why not elect the “Bun- always sponsored!) parties make the final a discussion about how party power might desrat” (federal council) by direct vote leap into parliament. Parties with fewer be limited. Measured against the mere after an according constitutional amend- than about 2.8 million votes do not achieve “participation in the formation of wills” ment of Art. 51? And let it have its own a seat in the “Bundestag”. Even this arbi- stipulated by German Basic Law, the par- personnel? One could still go with several trary rule might be questioned some time! ties would be very well served, because representatives per federal state and fash- Nevertheless, with the two votes, the they would still have a higher degree of ion this election according to a system in elections of our representatives are clear- political decision-making power than can which a vote is cast for a candidate rather ly “fairer” than would be the case with an be read out of this sentence in the consti- than a party, with one vote per citizen. Of exclusive majority vote. But regardless of tution. course, the candidates can be party mem- which direct candidates are elected, parlia- bers. But then not only first place finish- ment will always reflect the second vote of Plebiscites in the federation, ers, but also second, third and so on plac- the parties by means of the overhang seats. the states and the municipalities ers could join the state representation. German Basic Law did not want that: “Po- This also states: “All state authority […] But let us return to the plebiscite. Ref- litical parties shall participate in the for- shall be exercised by the people through erendum regulations were already includ- mation of the political will of the people.” elections and other votes and through spe- ed in the state constitutions of some fed- (Article 21) That and nothing else is the cific legislative, executive, and judicial eral states between 1946 and 1950, in the function which the German Basic Law as- bodies.” (Article 20, emphasis cf.). How- other states between 1974 and 1996. There signs to the political parties, and it does ever, there are still no plebiscites as the are also such regulations at municipal not say that the representation of the par- exercise of popular power at the federal level. The rules are very different, and not ties in proportion to each other should be level today. infrequently the necessary quorums are so practically the only possible form of ex- Once in 2002, there was an attempt high, that they discourage interested citi- pression for the will of the electorate – supported by 348 of 549 delegates in zens from the outset from taking on such which would then really be only repre- the German “Bundestag”, i.e. by 63.3%. hardships with so little hope of success. sentative. Or that the parliamentarians 66.7% would have been needed. It was For example, this led to more than 1,500 would then even be under the obligation to to introduce a constitutional amendment referendums having been held in Bavar- vote in accordance with party policy, con- that would allow the people to introduce ia by 2013, but not a single one in Saar- trary to Art. 38 of the Basic Law (“Mem- legislative popular initiatives into the leg- land after this joined the Federal Republic. bers of the German ‘Bundestag’ […] shall islature by means of a three-stage voting Nationwide, more than 7,000 referendums be representatives of the whole people, not procedure. (This requires the amendment were counted.6 An example of a plebiscite bound by orders or instructions, and re- of Art. 76 of the Basic Law, because this which failed because of the quorum was sponsible only to their conscience”). So does not yet provide for the plebiscite as a an initiative in Rielasingen, Baden-Wuert- this pressure to vote in accordance with source of legislation.) temberg, which demanded that a well- party policy is illegal. Also in 2006, 2010, and 2013, there run secondary school be continued. Even Perhaps it would be more correct if were attempts at parliamentary level and though a large majority of the voters were the parties’ participation were limited to in coalition negotiations, but these failed in favour, the necessary quorum was not the second vote in each constituency: the mainly because of the CDU/CSU, and part- achieved. first vote is for a direct candidate who, ly because of other parties.4 The associa- Plebiscites led to the reestablishment of course, belongs to a party but should tion “Mehr Demokratie (more democracy) of the state of Baden-Wuerttemberg in not be allowed to be on a party list at the e.V.” has for many years been campaigning 1952, and to the admission of the Saar- same time. The first vote would therefore for the implementation of this Basic Law land into the Federal Republic in 1955– be true majority voting. The constitution- instruction,5 and also did so currently after 1957. In 1996, the merger of Berlin and ally intended “participation of the political the last “Bundestag” election, and parallel parties” is sufficiently given by the second to the coalition negotiations. continued on page 11 No 1 10 January 2018 Current Concerns Page 11

Cold War and transatlantic networks – yesterday and today On the exhibition “Parapolitics: Cultural Freedom and Cold war” by Urs Knoblauch, Cultural Publicist, Fruthwilen Only until 8 January 2018 the Berlin She worked for the American State De- Museum “Haus der Kulturen der Welt” partment in Berlin, as Paul Jandl states (House of Cultures of the World, HKW) in his article “Der Geheimdienst fördert attends to the reappraisal of propagan- die Kunst (The Secret Service promotes distic cultural policy during the Cold War art)” in the “Neue Zürcher Zeitung” from from the 1950s onwards in a large exhibi- 30 November 2017. Jandl continues writ- tion and events. But also beyond this date, ing that there were many members of the the topic remains relevant. Dulles family who “made their career in the ideological shade of America, namely A thorough clarification of this important inside the CIA”*. historical period is needed. For sure not incidentally the Berlin “Haus der Kulturen The Congress for Cultural Freedom der Welt” was chosen for the exhibition, as After the Second World War, the battle this house was at the centre of the cultur- of political systems was fought in Europe al-political activities outlined here. It was and especially in Germany and France, but built on the initiative of Eleanor Dulles, also in Austria and Italy on a large scale the wife of the political hardliner and Secretary of State John Forster Dulles. continued on page 12 ISBN 978-3-515-08422-3

”How can democracy in Germany …” criteria. Marianne Wüthrich demonstrates the selection of their representatives. Yes, continued from page 10 how this process can in the meantime also lobbying, party power and the peculiar start to unravel in Switzerland.9 laws of the profession of politicians are Brandenburg was rejected by referendum posing major obstacles precisely at this of the population. Other random exam- What should be done in Germany? point. Therefore, in addition to the plea ples are the non-smokers’ protection in Plebiscites on factual issues must be an- for better voting rules, let me introduce Bavaria or the school reform in Hamburg chored institutionally, not only at the state the proposal into the debate here that can- (both 2010), the partial privatisation of the and community levels, but also at the fed- didates for the first, the direct vote should Berlin water works or the project “Stutt- eral level. This is what German Basic not be allowed to protect themselves via gart 21” (both 2011), the rejection of a Law has been aiming at since 1949. For second vote on the party lists at the same huge outlet center on the former freight this purpose, Art. 76 (1) must be amend- time. This question might be the subject yard (and Loveparade-) area in Duisburg, ed so that bills can also be introduced into of a direct legislative initiative at the fed- or the approval for the continued operation the “Bundestag” directly by referenda or, eral level, too – if that were finally possi- of Tegel Airport in Berlin (both 2017). depending on the outcome, can gain legal ble. Lastly, federalism can be strengthened So despite the lack of coordination at force immediately. by transforming the Federal Council from the federal level, direct democracy is by no At the same time, plebiscites at the a body of state governments into a body means a foreign body in the political life of state and local level must be further de- of directly elected representatives of the our country. Voting must be possible on all veloped and put to practical use; democ- states, thereby enhancing its value. issues of public concern, and, incidentally, racy thrives on decentralised federalism, We may not give up our democracy; also on questions of tax collection! and many important topics are constitu- we must make it more direct – also in the Werner Wüthrich gives a detailed ac- tionally no federal topics. The quorums sense of our Basic Law. • count of Switzerland’s positive experi- must be made low-threshold or even com- ence of tax settlements by the sovereign7 pletely abolished everywhere. What is the 1 Schachtschneider, Karl Albrecht. Die nationale and summarises this as follows: “The ob- democratic meaning of these quorums if Option (the national option). Rottenburg 2017, jection that such a thing works only on a approved ballots are sufficiently official- p. 72 f. 2 ibid small scale, like in municipalities or in ly published? 3 http://buergerkandidaten.de/ and http://buerger- small cantons, has proved to be a mistake. Voting must be possible on all issues, kandidaten.de/bewerbungen/472 The referendums have repeatedly led to unless they pursue goals that violate the 4 https://de.wikipedia.org/wiki/Volksentscheid 5 https://www.mehr-demokratie.de/ and https:// amazing results that stand the test – per- “eternal” Articles 1 and 20 of the Basic www.volksentscheid.de/ haps precisely because the voters are not Law. This is especially true for topics of 6 https://www.mehr-demokratie.de/ and https:// financial and economic experts.” In Swit- tax collection. On this point, the previous www.volksentscheid.de/ zerland, this works above all through the regulations at the state and local level have 7 Wüthrich, Werner. https://www.zeit-fragen.ch/en/ numbers/2017/no-27-14-november-2017/taxes- interplay between parliamentary work and to be corrected. There is no constitutional and-finances-in-switzerland-determined-by-the- direct initiatives from the people. This suc- justification for this restriction. people.html cessful interplay can also be followed over Finally the direct right of the sovereign 8 Wüthrich, Werner. https://www.zeit-fragen.ch/en/ 8 numbers/2017/no-2223-23-september-2017/agri- decades using the example of agriculture. to vote on matters in the legislative pro- culture-and-direct-democracy-part-4.html It is indeed easier to reconcile individu- cess requires the awareness among poli- 9 Wüthrich, Marianne. https://www.zeit-fragen.ch/ al initiatives with an overall popular will ticians that this is part of the self-evident en/numbers/2017/no-27-14-november-2017/direct- democracy-is-based-on-honesty-mutual-respect- with the help of parliamentary mediation political practice in a democracy. The peo- and-mutual-trust.html and proposals, which perhaps also take ple have at least a certain influence on the into account more, and more far-reaching cooperation of their chosen politicians, in (Translation Current Concerns) No 1 10 January 2018 Current Concerns Page 12

”Cold War and transatlantic …” with huge funding with millions of dol- hegemonic power within the Western al- continued from page 11 lars besides the official and semi-official liance” took place. institutions. In music the avant-garde The literary scientist, film producer and funding art, culture, media and education was promoted, in fine arts the modern, cultural publicist Frances Stonor Saunders with millions of dollars. “This is exem- abstract painters were promoted above had already opened many artist’s eyes with plified by the Congress for Cultural Free- all. “Jackson Pollock’s pictures and the her book “Wer die Zeche zahlt (Who final- dom (CCF)” according to the HKW’s lead- abstract Expressionism favoured by the ly pays) – the CIA and the culture in the in to the exhibition. In the “Cold Cultural Congress for Cultural Freedom were the Cold War” (New York 2000; Berlin 2001). War”, so the informative article about the epitome of formal freedom in absence The book’s reviewer at the time, Norbert exhibition in the “Süddeutsche Zeitung” of direct political messages”, according Seitz, described how “prominent Western (18/19 November 2017), cultural hegemo- to the informative article in the “Neue intellectuals intendedly or unintentionally ny and “modernity” were promoted in all Zürcher Zeitung”. This was not about became tools of the American secret ser- cultural areas of the West. From 1950 on- the historical “modernity” in art and ar- vice”. (Süddeutsche Zeitung 18.4.2001) wards, the CCF organised numerous con- chitecture of the early 20th century, but ferences, cultural events with famous per- about an abstraction without fundamen- Effects to date sonalities to spread American values and tal values, about an arbitrariness in terms The cultural strategy of the Cold War political concerns in Europe against the of content and, in particular, about a de- has a major impact to this day. Paul Jandl influence of communism and socialism, valuation of the valuable European tra- rightly writes in the “Neue Zürcher Zei- which had many followers among the in- dition of realistic and value-oriented art tung”: “One should not be fooled. When tellectuals. “Starting from its headquarters and culture, which was since then hardly it matters, it [the art, uk] is still degraded in Paris, the CCF supported numerous cul- promoted any more. to become a servant of politics. When it tural programmes in Latin America, Af- In the Berlin exhibition, modern paint- became clear in 2003 that the USA would rica and Southeast Asia and supported a ings by numerous well-known artists can declare war on Iraq, the United Nations in network of journals, conferences and exhi- be seen. The spectrum is shown from the New York‘s headquarters quickly covered bitions to promote the ‘universal’ language propagated radical abstraction (un-repre- the tapestry showing Picasso‘s ‘Guernica’. of modernity in literature, art and music.” sentationalism) to the devalued figurative President Bush’s so-called campaign of The CCF intervened more and more in art (realism). The large-format Guernica the good and foreign minister Colin Pow- the intellectual debate by supporting art- painting by Picasso can be seen, refash- ell in front of Picasso’s anti-war picture: ists and media. Not only “Heinrich Böll ioned by the Art&Language group of art- That won’t look good.” and Sigfried Lenz are said to have bene- ists in Jackson Pollock’s “action paint- The topic of the Cultural Wars, which fited from the activities of the CIA treas- ing style” in the 1980s. The pictures were is briefly presented here, deserves further urer”, but also “journals were founded compiled by the curators under the open deepening, especially with regard to the which developed into important instru- term “Parapolitics”, which characteris- behavioural research and educational pol- ments of exchange. In Germany it was the es the global dimension of cultural policy icy that America “promoted” centrally in ‘Monat’ (Month) created by the American in the Cold War, the instrumentalisation, connection with the “Cold Cultural War”. journalist Melvin Lasky, with articles of its influences and the “changing mean- Similarly, today’s elaborate political prop- André Gide and Arthur Koestler, but also ings and goals” of modernism and post- aganda and manipulation methods based Theodor W. Adorno and Hannah Arendt”. modernism. on Edward Bernays, as well as the effects “1967 it turned out that the CCF had of theories and practice of “cultural he- been secretly financed by the CIA to pro- A book by Volker Berghahn gemony” by Trotsky and Gramsci should mote the anti-communist consensus and The basic work “Transatlantic Cultural be included. thus the hegemonic interests of the USA Wars – Shepard Stone, the Ford Founda- Studying the programmes and activities in a Cold War of Cultures. The unveiling tion and European Anti-Americanism” for education at the “Haus der Kulturen of the CIA scandal ruined the CCF’s repu- (Stuttgart 2004) by the German histori- der Welt” in Berlin, one can realise the ac- tation. The ideological contradictions and an Volker Berghahn, who taught at Co- tuality of the exhibition. It highlights the the morally dubious defence of freedom lumbia University in New York, is worth need not to misuse concepts such as “cul- and transparency by means which, in turn, reading and particularly informative on ture” and “freedom” and to define them evaded democratic accountability were too the complex problems that the exhibi- more precisely. In this way, exhibitions obvious” (HKW). 44 West German news- tion deals with. Using the example of a and books can open our eyes and encour- papers, including the “Süddeutsche Zei- key person such as Shepard Stone (1908- age us to reflect, including on the need for tung” and important newspapers from 1990), staff member of the “Ford Foun- cultural ethics, to contribute in an honest, neighbouring countries, such as for ex- dation”, special advisor to the US in the humane way and to take more care of the ample, the “Neue Zürcher Zeitung”, were “Cold Cultural War”, and head of the great wealth of European cultural tradi- “subsidised” with large amounts of money. influential Berlin Aspen Institute from tion. • 1974 to 1988, the reader gets a detailed The road to postmodernity A publication on the exhibition will be published insight into the historical source-materi- in English in spring 2018 at: www.hkw.de More than two dozen American founda- al documenting how, from 1945 onwards, tions supported the “Cold Cultural War” at various cultural fronts a battle for “the * Translation of all quotes Current Concerns No 1 10 January 2018 Current Concerns Page 13 The Sonderbund War – the last armed conflict on Swiss soil by Dr phil. René Roca, Research Institute for Direct Democracy (www.fidd.ch)

Exactly 170 years ago, the last armed conflict on Swiss territory occurred. Swit- zerland experienced turbulent times with the French occupation in 1798, the sub- sequent mediation and restauration (as of 1815). Roughly spoken, as of 1830, the Liberals and the Conservatives blew up various conflicts to a dangerous de- gree. In 1847, civil war could no long- er be avoided, but thanks to far-sighted personalities it was merely a “fraternal conflict”. In 1848, the Sonderbund (sepa- rate alliance) War resulted in the modern Swiss federal state.

As of 1830, regeneration marked an im- portant phase of renewal for Switzerland. In eleven cantons (at that time half of all cantons!) fundamental transformations took place. In these cantons these result- Memorial on the entry into force of the Swiss Federal Constitution ed in the adoption of a liberal-represent- on 12 September 1848. (picture ma) ative constitution and that they thus were ready to give an answer to the evolving in- radicals strove even more intensively for with the unanimity of the cantons. The dustrialisation. The a majority in the “” (Federal Sonderbund conducted its search for for- at that time were basically divided into lib- Diet), a kind of “parliament” in the Con- eign aid quite openly. But it flinched from eral and conservative ones. Both wanted federation at that time. In Geneva in Octo- the demand for direct military intervention to protect their achievements or traditions ber 1846, the Liberal radicals under James by foreign powers. Most of the leaders of and therefore forged alliances. This stirred Fazy took power by force. The elections the Sonderbund were aware of the conse- up mutual distrust. When subsequently, in in St. Gallen in May 1847 were now deci- quence of a foreign occupation with un- the canton of in the wake of the sive and became actual “fateful elections”. foreseeable impacts. Many remembered monastary dispute (1841–1843), the mon- The result was narrowly in favour of the the chaotic Helvetic period. The major asteries were closed, the Catholic Conserv- Liberal radicals, who now gained majori- European powers such as Prussia, Austria atives had enough, and they decided coun- ty they longed-for at the Federal Diet. The and France were concerned that a victory termeasures. In the , the “Tagsatzung” decided to make the expul- of the liberal radicals in Switzerland could new Conservative government engaged the sion of the Jesuits and the dissolution of also have consequences in their countries. Jesuits for the secondary schools, which led the Sonderbund a Federal issue. They were therefore prepared to provide to two unsuccessful liberal-radical volun- The Berne summer meeting of 1847 the Sonderbund with weapons and money. teer wars against Lucerne. These develop- brought the decision. The prospect of an ments further fuelled the conflict. understanding was low from the start. The The Sonderbund War With the foundation of the “Schutzver- liberal-radical ambassadors were able to On 25 October 1847, the Geneva Protes- einigung” (Protection Alliance) on 11 De- quickly agree on a motion for dissolv- tant Guillaume Henri Dufour, who was cember 1845 by seven Catholic-conservative ing the Sonderbund. A majority of twelve considered a moderate conservative, was cantons, namely Uri, Schwyz, Obwalden votes in her eyes was sufficient to estab- appointed general of the troops of the and , Lucerne, Zug, Freiburg and lish the unlawfulness of the Sonderbund. “Tagsatzung” (Swiss confederate legis- Valais, the crisis of regeneration reached its In doing so, they relied on various articles lative assembly). Both parties had now peak. Above all, the supporters of this alli- of the Federal Treaty, which they inter- mobilised. Although some envoys of the ance wanted to “protect” the Catholic reli- preted in their favour. The Federal Diet fi- Sonderbund advised to strike out im- gion and the cantonal sovereignty against nally decided to dissolve the Sonderbund mediately, the commander-in-chief of encroachment. The liberal opponents only and to prohibit the Jesuit order in Switzer- the Sonderbund, Johann Ulrich von Sa- spoke of the illegal Sonderbund. land; if necessary, they wanted to enforce lis-Soglio hesitated. The General of the Although the Sonderbund had a de- these decisions by force of arms. In a pro- Sonderbund, a conservative Protestant fensive character, it, however, impinged test note, the Catholic conservative can- from Grisons, was decisively opposed to on the then applicable Federal Treaty of tons repudiated it. Then the Sonderbund an offensive. 1815 by the extraordinary powers of its war council mobilised its militias, and also However, the seven-pronged war coun- war council. For “safeguarding the Cath- the majority of the Federal Diet now pre- cil then decided to take action against Ti- olic-conservative interests”, the Sonder- pared for war. cino and opened hostilities on 3 Novem- bund even began negotiations with for- In the European context, the political ber. The aim of the offensive was to defeat eign countries. situation in Switzerland was analysed in the radicals in Ticino and to keep the sup- detail. The major European powers felt ply lines for food and military equipment The way to civil war themselves to be guarantors of the Swiss from the Austrian Northern Italy open. After the existence of the Sonderbund had federal treaty of 1815 and, like the Sonder- become known in June 1846, the Liberal bund, wanted to permit an revision only continued on page 14 No 1 10 January 2018 Current Concerns Page 14

”The Sonderbund War – the last …” height of Mount Rooterberg didn’t give up were 60 dead and 386 wounded in the continued from page 13 until Ziegler with his tambour at the head troops of the “Tagsatzung”, compared to of his unit marched against them. The bri- 33 dead and 124 wounded of the Sonder- The advance to Ticino, which discredited gades attacking in Gisikon had to place bund, which means a total of 93 fallen the reputation of the Sonderbund as a de- their cannons very close to the bridge be- and 510 wounded soldiers of 25 days fence alliance, brought initial successes, cause of a maximum range of 1000 me- duration of the war. This was the high- but soon collapsed again. ters. For the time being, Lucerne was able est human losses that a political-mili- On 4 November, the majority of the to repel the attackers. After a two-hour tary event in Switzerland had caused in “Tagsatzung” passed a resolution to force- cannonade, during which Salis-Soglio, the 19th and 20th century, although there fully dissolve the Sonderbund. Dufour the general of the Sonderbund, was hit by were few casualties as a result of the war. was anxious to prevent feelings of hatred a shrapnel at the temple, Lucerne’s troops In February 1848, a Revision Commis- against the Sonderbund wherever they had to retreat to Ebikon. Gisikon had to sion of the “Tagsatzung” began to imple- arose. His primary objective was to pre- be abandoned by the Sonderbund troops. ment the liberal-radical program of a fed- serve the cohesion of the cantons. He pur- With the fall of the “key site” of Gisikon eral revision. A majority of the cantons sued a strategy characterised by rapidity and then Meierskappel, the road to Lucerne adopted the new federal constitution by of action and avoiding victims. The mere was clear. The fate of the Sonderbund gov- referendums (July/August), being suffi- presence of a large army should serve to ernment in Lucerne was thus sealed. cient, in the eyes of the “Tagsatzungs”’s make the enemy unmaneuverable. Dufour Already in the early morning of 23 majority, to suspend the federal treaty of first wanted to strike a blow against the November, when the enemy was already 1815. Since the federal treaty did not in- isolated city of Freiburg, secondly to force very close to Lucerne, the council of the clude a revision clause – so an amendment the decision against Lucerne and thirdly, Sonderbund army and the Lucerne gov- would have required unanimity – this step if necessary, to persuade the Valais to sur- ernment decided to retreat to the canton must be described as revolutionary. render. of Uri. On 23 November, in his order of After the advance to Ticino had not the day, Dufour demanded mercy toward brought the hoped-for success, the Sonder- the defeated troops, the civilian popula- bund planned an attack against Freiamt in tion and the churches and banned loot- Argovia (Aargau). But the offensive failed ing. Colonel Eduard Ziegler, appointed due to poor coordination. However, Du- commander in Lucerne, succeeded in en- four’s strategy proved its worth. The first forcing the order of Dufours. As a token offensive against Freiburg was success- of gratitude, the Zurich resident received ful. Freiburg surrendered on 14 Novem- the helmet stolen from Kappel and Ulrich ber. On 21 November, envoys of the Can- Zwingli’s sword (both objects are now in ton of Zug signed a capitulation document the National Museum in Zurich, but the without even having seen an army. authenticity is not proven beyond doubt). With a second offensive, the troops of the “Tagsatzung” directed their attention Consequences to Lucerne. It was planned to enclose the On 26 November 1847, the Sonder- city as quickly as possible in order to per- bund’s council of war was hastily dis- suade it to surrender as Freiburg did. The banded without any formal vote in Flüe- battles of Meierskappel and Gisikon final- len (UR). From 25 to 29 November the ly brought the decision in favour of the subjugation of the Waldstätte and the troops of the “Tagsatzung”. Valais took place without a fight and General Dufour strived to prevent hatred this was the end of the Sonderbund. On against the “Sonderbund” wherever they The decisive battle at Gisikon the whole, the Sonderbund troops large- occured. His ultimate goal was topreserve The bridgehead in Gisikon was militar- ly lacked discipline and a serious prepa- the solidarity of the cantons. (picture ma) ily significant. As early as 1653, during ration for war. The people’s enthusiasm the Peasants’ War and the following Vill­ was about the defense of faith and the However, the new state was a com- merger Wars, Gisikon Bridge was the scene cantonal sovereignty and not about of- promise solution. The victorious majori- of important battles in Swiss history. One fensive warfare. In addition, the arma- ty took into consideration the concerns of last time this was the case in the Sonder- ment was insufficient, which could not the losers, especially their desire for sov- bund War. The Sonderbund troops had for- be compensated by the foreign support. ereignty of the cantons, also being wide- tified the bridge entrances. North of the On 18 January 1848, Austria, France, spread in the moderate liberal camp. The customs house (today Hotel Tell) above the Prussia and Russia were able to agree on prohibition of the Jesuits must not obscure country road there were two artillery en- a note that threatened with intervention. the fact that the Federal State set clear fed- trenchments, south of it there was one. Four The European major powers demanded eralist accents with the determination of divisions of the “Tagsatzungstruppen” (leg- that the “Tagsatzung” should come back cantonal sovereignty of school and church islative assembly’s troops) marched against to the Sonderbund and Jesuit questions. as well as the introduction of the Coun- it under the command of General Dufour. On 15 February 1848, the victorious cil of States and the Council of Cantons. The Ziegler Division attacked in the “Tagsatzung”’s majority responded with In the following decades, the focus was morning of 23 November. A brigade moved great self-confidence and rose objections on the losers’ equalization and integra- forward on the left side along the river against any attack on their sovereignty. tion and not on winner’s dictate and ex- Reuss for a frontal attack on Gisikon, the Further action against Switzerland was clusion. • others moved to the right bank via the pon- prevented by the outbreak of the Febru- Source: http://blog.nationalmuseum.ch/ toon bridge in Sins and a second one, built ary revolution (1848) in France and its at night. The Honau area was taken almost consequences, especially for Austria. On the blog of the Swiss National Museum you will find exciting articles about historical events, without a fight. The gun crews withdrew to Fortunately, the short Sonderbund War objects from the past or news in a historical con- Gisikon after a short duel, only the snip- had cost only a few casualties. The most text. In addition to the employees of the museum ers from Obwalden and Nidwalden at the recent investigations assume that there renowned guests get a chance to speak. No 1 10 January 2018 Current Concerns Page 15 Willy Randin honoured with the Albert-Schweitzer-Prize 2017 Schweitzer’s works and ideas have strongly influenced his life by Fritz von Gunten, president SHV Willy Randin had been awarded and was ever. The main idea of Schweitzer’s “Rev- was used for cooking and therefore the honoured with the Albert-Schweitzer- enue for life” means that “Today’s people trees were cut down. Prize 2017 due to his efforts to promote should be even more aware, because they But he also found that the tanning in the continuation of the work of Albert are provided with technology in such a di- this region is three times stronger than in Schweitzer. He is the president of the mension that the intrinsic values of life are southern France. Willy Randin therefore “Swiss Romande Section” and member no longer perceived. This maxim contains thought of using solar energy instead of of the “Albert ­Schweitzer Hospital Swiss three parts: the respect for humans, for an- wood. He asked Maurice Lack, the archi- Fellowship”(SHV). imals and for nature which means for the tect of the new hospital in Lambarene, for environment.” advice, and they set themselves the goal – to set up an environmental protec- Organisation “Nouvelle Planète” tion studio “Centre Ecologique Albert Willy Randin was guided by these prin- ­Schweitzer” in Ouagadougou (Burkina ciples when founding the Organisation Faso) to use solar sensors, to produce for Development Cooperation “Nouvelle solar ovens, solar water heaters and Planète/New Planet” as well as “Youth solar refrigerators; without borders”, “Women without Bor- – to train local craftsmen to make and ders”, of the “Albert-Schweitzer-Environ- maintain the solar devices and to produce mental Organisation” etc. Also diverse other utensils necessary for the careful partnerships among professional groups, handling of wood (manual pumps, lattice communes and other entities come from enclosures). the desire for more solidarity. Today, 37 years later, there are al- The honoured has primarily tried to ready 64 ATESTA workshops (Ateliers motivate young people through volun- d’Energie Solaire and Technologies Ap- teer work with African, Asian, and Latin propriées) in 10 African countries. They American teenagers by mastering pro- all are self-sustaining and provide a safe jects. The goal was the bridging of the livelihood for 4,000 local craftspeople borders and obstacles, the contact with who are useful to their country and their Willy Randin, speech at the prize award- others, just as he is, what he knows, what people. ceremony (picture www.königsfeld.de) he can and will do. 32 years after these Of course, it is not enough only to initiatives, 10,000 young Europeans and save wood. You also have to reforest. A Life dedicated just as many people from the Southern Thanks to Willy Randin‘s initiative, to the work of Albert Schweitzer part of the earth have enriched their lives villagers have been shown from the with a positive experience which will beginning how to make compost, grow “Schweitzer’s works and ideas have actu- continue and grow. seedlings and plant trees. ally strongly influenced my life. Not only – The women immediately accepted the did I have the privilege of being the di- Director in Lambarene production of compost and crops. rector of the Albert-Schweitzer-Hospi- from 1970–1971 – The population immediately real- tal in Lambarene and to visit the Albert- After having led the Albert-Schweitzer- ised that by winning new cultural soil, Schweitzer-Hospitals in Haiti, Peru and Hospital in Lambarene, he visited coun- the progression of the desert could be India, as well as bringing to life many or- tries in the Sahel, where he noted the stopped. After only five years, a fertile ganisations which meet the goal and pur- major damage caused by the drought. soil is once again created where crops pose of the same intention” maintained The residents had to leave their villag- and vegetables thrive. the honoured person with modesty. Af- es without knowing where to go. Around – The women produced dried fruits terwords came the briefly named “build- the hospital built by Dr Ken Elliott in and vegetables and were encouraged ing blocks” of the life achievements of Djibo (Bukina Faso) in the sense of Albert in their suggestions to pass on their Willy Randin, which despite – or perhaps ­Schweitzer, Willy Randin found hundreds knowledge to apprenticeships, where because of – his age of 81 years is not of people suffering from hunger. Dr Ken girls have the same training opportuni- yet over. Elliott told him that all he could give them ties as the boys. was a bowl of millet with some sauce, and – The most gratifying achievements have In the service of the Red Cross that only every two days. This food con- been in the construction of primary Randin directed two Red Cross hospi- tains no vitamins and the children were at schools in those villages where women tals in Yemen (1965) and Vietnam (1966– risk of blindness. have campaigned. Girls’ education has 1968), both countries at this time were increased from 20 to 45 per cent in sev- affected with war. In Vietnam, he was a “Centre Ecologique eral countries. head of delegations and assigned to the Albert Schweitzer” – Finally, family planning programmes construction of a children’s hospital. Fur- He felt compelled to act because of the have been initiated – also at the request thermore he was responsible for helping peasants’ requests in the dry Sahel zone of the women – as only every second the 250,000 persons needing to evacuate and in memory of Schweitzer‘s words on child is desired. their homes. ethics of responsibility. He found that the The example which Albert Schweitzer lack of rain was a consequence of the re- has given him, he considers as current as duced tree population because the wood continued on page 16 No 1 10 January 2018 Current Concerns Page 16

”Willy Randin honoured with …” Outlook and thanks continued from page 15 Schweitzer’s work today certainly has di- mensions that the Alsatian pioneer would We also feel our responsibility in view not have dreamed of. For example, in ad- of the massive flows of migrants and ref- dition to the listed organisations, there is ugees across the Mediterranean, which also a Philippine Association for the res- mean enormous risks. cue of street children and in Burkina Faso an Association for animal protection and Bookpublications and films reverence for life. These are just a few ex- In addition to many concrete aid projects, amples of how Willy Randin and his team Willy Randin has kept his wealth of experi- show the way for a future in the sense of ence in numerous books in French since 1981 their role model Albert Schweitzer: In a and left as a stimulus for reflection. There are future, which the 81 year-old honore will titles (translated) such as: “Hopeful signs”; continue to help shape. “Albert Schweitzer, a model today”; “Effec- As the president of the Albert tive cooperation”; “Development – future of ­Schweitzer Hospital Swiss Fellowship, the woman”; “Mountain dwellers in Vietnam I can only say: Congratulations on your – consecrated lifeline”; “From enthusianism deserved honor. Great respect, thanks – to action”; “Women, sources of progress”; Willy. Good health for your tireless zest. “Fight for a more humane earth”. Togeth- You are a great role model for us all. • er with his wife Henriette numerous films Source: Berichte aus Lambarene und über das were produced, altogether 25 contributions Gedankengut Albert Schweitzers, Nr. 124, Oktober from his diverse work! (If you are interest- 2017 (Reports from Lambarene and the thoughts of ed in books/film documents, please contact: Albert Schweitzer, No 124, October 2017) [email protected]) (Translation Current Concerns) ISBN 978-2-8289-1108-9

Reverence for life “I call mankind to in the midst of life that wants to live.‘ that are beyond all power. The world the ethics of the This general affirmation of life is a spir- will belong to them when only enough reverence for life. itual act in which man ceases to just sim- people think and live pure and steadily This ethic makes ply exist, in which he begins rather to enough the thoughts of love and truth, no distinction be- dedicate himself to honouring his life gentleness and peacefulness. tween more valu- and to according it its true value. At the All ordinary violence in this world able and less val- same time, the man who thinks like this, creates a limit for itself, for it creates a uable, higher and experiences the necessity of showing the counter-force that sooner or later will be lower life. It re- same reverence for life to all will to live equal or superior to it. But goodness is jects such a dis- as he does to his own. So he experienc- simple and continuous. It does not cre- tinction. Because es the other life in his own. He then con- ate any tension that neutralises itself, the assumption siders as good the preserving and pro- but instead relieves the existing ten- Albert Schweitzer of universally moting of life, the bringing developable sion. It eliminates mistrust and misun- (picture valid differences life to its highest value – as evil he now derstandings. By awakening kindness, wikipedia) in value between sees: to harm or destroy life, to hinder it strengthens itself. That is why it is living things basi- developable life in development. This the most appropriate and most intense cally amounts to judging them accord- is the absolute and necessary principle power. What kindness a person gives to ing to whether we humans feel them to of morality. Through the ethics of rever- the world, will work on the hearts of be closer or less close to us. But this is a ence for life, we enter into a spiritual re- people and their thinking. Our foolish very subjective criterion. Who among us lationship with the world. guilt is that we do not dare to be seri- knows what significance the other living In my life, I have always tried to re- ous about kindness. We always want to being has in itself and for the world as a main youthful in my thinking and feel- pass on the big burden, and we do not whole? The consequence of this distinc- ing and have struggled ever anew with use this lever, which can increase our tion is then the view that there is worth- the facts and with my experience, for strength a hundredfold.” less life the destruction or impairment of the belief in the good and the true. In which is permitted. Depending on the cir- this day and age, when violence hides From: Albert Schweitzer. “Mein Wort an cumstances, we then understand insects behind lies and rules the world more die Menschen (My word to the people)”, or primitive peoples as worthless life. sinisterly than ever before, I remain con- Lambarene 1964 Man is directly conscious of the fol- vinced that truth, peacefulness and love, lowing fact: ’I am life that wants to live, gentleness and kindness are the powers (Translation Current Concerns)