A/HRC/21/59
illegal and xenophobic; therefore, it was suggesting an amendment to the constitution,
looking at the barriers which might be xenophobic in nature, and having an impact on
redress for victims. He noted that international instruments have a very direct impact in
Mexico as they had immediate application and constitutional effect upon ratification. He
invited delegates to continue this process to consider which additional standards are needed
to combat discrimination, emphasizing that the work of the Ad Hoc Committee was
essential for combating racism, racial discrimination, xenophobia and related intolerance.
134. The Chairperson-Rapporteur opened the 12th meeting of the session that afternoon,
and invited Mr. Andre Castella, Director of the Office for the Integration of Foreigners of
the Canton of Geneva to address participants. Mr. Castella commenced by stating that
racism was not an opinion but an offence which was unacceptable and reprehensible under
Swiss law.
135. In 2010 the Federal Office for Migration created a new mandate in that as of 2014,
all 26 cantons would be required to demonstrate what activities they were undertaking at
the local level to combat discrimination. He explained that in terms of legislation, Article 8
of the Swiss Constitution prohibits discrimination and that Article 261 of the Penal Code
prohibits racism.
136. He underlined the federal nature of Switzerland noting that anti-discrimination
policy and action followed a local model specific to the Canton of Geneva. He generally
highlighted the situation of discrimination in Switzerland following the examination by
international mechanisms such as CERD and European Commission against Racism and
Intolerance (ECRI), the United Nations Special Rapporteur against all forms of racism and
the Council of Europe. They generally concluded that there were acts of racism, antiSemitism and discrimination in Switzerland and that it was necessary to take actions
(preventative, penal etc.) to address them. In response, the Canton had taken three principal
actions: (i) creation of an advice centre to aid victims of racism (orientation, assistance and
defence assistance to help people lodge complaints and navigate the court process, if
necessary); (ii) awareness-raising of the population (campaigns, debates, exhibitions and
education); and, (iii) training of public officials, cantonal authorities and administrators in
order to ensure universal access to public services (education, medical assistance and
education).
137. In the Canton of Geneva, the advice centre was an independent government body
established to ―hear, help and accompany victims of racism‖ and was staffed by a lawyer
and social assistant. It was a neutral body dealing with all forms of discrimination brought
to its attention. Mr. Castella highlighted the inaugural ―Week of actions against racism‖
which for the first time issued a simultaneous media publicity campaign in all francophone
and italophone cantons. Sensitizing the population was fundamental to educating different
cultures and religions about each other. He noted that it was reassuring that Geneva Canton
had rejected the federal initiative some years ago on banning minarets (which was
ultimately successful) and that their efforts were now focussed on education of school
children and training of law enforcement officials and police. In the future his Office hoped
to considerably increase its efforts because discrimination and racism were scourges and it
was the fundamental role of government to combat it.
138. Senegal on behalf of the African Group, in reference to Article 261 of the Penal
Code of Switzerland, asked how xenophobia was tackled in the Canton of Geneva. He also
inquired about a recent initiative whereby people of North African descent were offered
four thousand francs to voluntarily repatriate.
139. On behalf of the Organisation of Islamic Cooperation, Pakistan agreed that racism
was a scourge and welcomed Mr. Castella‘s ongoing efforts in this regard. He asked how in
the future efforts will be better coordinated to defeat federal initiatives such as that banning
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