A/HRC/8/41
Page 3
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance with
Human Rights Council resolution 5/1 of 18 June 2007, held its second session from 5 to 19 May
2008. The review of Switzerland was held at the 7th meeting on 8 May 2008. The delegation of
Switzerland was headed by H.E. Ms. Micheline Calmy-Rey, Federal Councilor and Head of the
Swiss Federal Department of Foreign Affairs. For the composition of the delegation, composed of
22 members, see annex below. At its 11th meeting held on 13 May 2008, the Working Group
adopted the present report on Switzerland.
2.
On 28 February 2008, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Switzerland: Uruguay, Pakistan and South Africa.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of Switzerland:
(a)
A national report submitted in accordance with paragraph 15 (a)
(A/HRC/WG.6/2/CHE/1);
(b)
A compilation prepared by the Office of the High Commissioner for Human Rights
(OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/2/CHE/2);
(c)
A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/2/CHE/3).
4.
A list of questions prepared in advance by Denmark, Sweden and the United Kingdom of
Great Britain and Northern Ireland was transmitted to Switzerland through the troika. These
questions are available on the extranet of the Universal Periodic Review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 7th meeting, on 8 May 2008, H.E. Ms. Micheline Calmy-Rey, Federal Councilor and
Head of the Swiss Federal Department of Foreign Affairs, representative of Switzerland, introduced
the national report. The representative affirmed that her country was pleased to be one of the first
countries to be reviewed and that it had volunteered for this. Switzerland was convinced that the
Universal Periodic Review had the potential to improve the human rights situations around the
world and affirmed that the Universal Periodic Review was an important innovation of the Human
Rights Council, added to a large number of mechanisms dealing with the implementation of human
rights, and that it will not be able to have full effect unless it takes place on the basis of dialogue
and a spirit of openness. The effectiveness of the review will depend on the visible and concrete
improvement of human rights situation in countries. The Declaration and Plan of Action of Vienna
stated that “All human rights are universal, indivisible, interdependent and interlinked”. For that
reason, Switzerland in elaborating its report has followed the structure of the Universal Declaration
on Human Rights. This approach allows to cover all rights. However, the fact that human rights are
indivisible and interlinked does not mean that they are all the same kind.
6.
More than a simple constitutional structure, Switzerland affirmed that its federal system is a
fundamental political culture. Federalism, democratic consultations, protection of minorities, and
the quest for compromise are indispensable instruments in the construction of Switzerland.
According to the Federal Constitution, it is only those competencies attributed to the Confederation
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