A/HRC/21/59
minarets? He asked Mr. Castella how ―foreigners‖ and ―integration‖ were defined by the
Office for Integration of Foreigners. He inquired about the conceptual challenges to
fighting racism.
140. The United States of America in reference to the observatory, asked whether it could
be determined if policy measures were having an effect or not.
141. Mr. Castella replied that in Geneva there was evidence of tensions including antiborder xenophobia directed at frontaliers, representing the rejection of ―the other‖. He
noted that racism had many forms and that a proper evaluation of current actions against it
would be measurable only in the future. Regarding the voluntary repatriation, he explained
that it was a pragmatic Council of State solution featuring a ―readmission agreement‖ for
those North Africans without nationality and where there was no agreement with the
country of return. He stated that Government must tirelessly combat racism and that it even
had a duty to enter political processes and confront racist parties. In the past it had been too
reticent, but in his opinion, the issues must be addressed head on.
142. Germany asked about what experience or advice could be offered regarding
improving accessibility to public services and also how to reach groups which may have
challenges in accessing traditional media. The European Union queried which awarenessraising projects were most successful and why. Noting that, as Mr. Castella stated, Geneva
was comprised of about 40% foreigners, how could they be engaged in consultation and
awareness-raising?
143. Mr. Castella answered that Article 261 of the Penal Code was rarely invoked since
victims did not often receive satisfaction under it. The burden of proof made victims and
claimants hesitant. He reiterated that it was too early to comment on effectiveness, however
there were long term plans to replicate, expand programmes to other audiences and sectors.
He agreed that it was necessary to involve foreigners living long-term in Geneva in
initiatives against racism.
144. Indonesia remarked upon the historical openness of the city and Canton of Geneva
as the seat of international organizations and businesses. While some efforts were
appreciated, there was a higher expectation of a more integrated and coordinated approach
to combating racism.
145. The representative of the NGO Citizens of the World commented on the
observatory, highlighted specific cases of discrimination in the Canton and outlined a
number of issues and situations regarding foreigners in Switzerland. She asked what Mr.
Castella‘s office could do about family reunification.
146. Mr. Castella agreed that recent disturbing media campaigns were unworthy of
Geneva‘s historical reputation for openness and a threat to that very openness. He noted
that there were different histories of cantons in Switzerland and that there was much more
to do to combat racism throughout the country. He took good note of the issues and
comments raised by the NGO.
147. The United States of America shared an overview of interventions taken following 9
September 2001 to deal with ―discriminatory backlash‖ at the national level, noting the
success of these measures and mechanisms.
43
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