Minaret controversy in Switzerland - AbsoluteAstronomy.com

The minaret controversy in Switzerland refers to construction of minaret

Minaret

A minaret مناره , sometimes مئذنه) is a distinctive architectural feature of Islamic mosques, generally a tall spire with an onion-shaped or conical crown, usually either free standing or taller than any associated support structure. The basic form of a minaret includes a base, shaft, and gallery....

s, which has been subject to legal and political controversy in Switzerland

Switzerland

Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

during the 2000s and a Swiss referendum regarding this issue. In a November 2009 referendum

Swiss referendum, November 2009

On 29 November 2009, the citizens of Switzerland voted on a referendum to decide on three proposals on the federal level:* a ban on the construction of new minarets , passed with 57% in favour; The referendum took place following a campaign to ban minarets in the country.* a ban on exporting...

, a constitutional amendment banning the construction of new minarets was approved by 57.5% of the participating voters. Only four of the 26 Swiss cantons, mostly in the French-speaking part of Switzerland, opposed the initiative.

This referendum originates from action on 1 May 2007, when a group of right of centre politicians mainly from the Swiss People's Party

Swiss People's Party

The Swiss People's Party , also known as the Democratic Union of the Centre , is a conservative political party in Switzerland. Chaired by Toni Brunner, but spearheaded by Christoph Blocher, the party is the largest party in the Federal Assembly, with 58 members of the National Council and 6 of...

and the Federal Democratic Union, the Egerkinger Komittee ("Egerkingen

Egerkingen

Egerkingen is a municipality in the district of Gäu in the canton of Solothurn in Switzerland.-History:Egerkingen is first mentioned in 1201 as in Egrichen. In 1212 it was mentioned as in Egerchingen.-Geography:...

Committee") launched a federal popular initiative that sought a constitutional ban on minarets. The Swiss government recommended that the proposed amendment be rejected as inconsistent with basic principles of the constitution. The minaret at the mosque of the local Turkish cultural association in Wangen bei Olten is the initial motivation for the initiative.

As of the date of the 2009 vote, there were four minarets in Switzerland, attached to mosques in Zürich

Zürich

Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...

, Geneva

Geneva

Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...

, Winterthur

Winterthur

Winterthur is a city in the canton of Zurich in northern Switzerland. It has the country's sixth largest population with an estimate of more than 100,000 people. In the local dialect and by its inhabitants, it is usually abbreviated to Winti...

and Wangen bei Olten

Wangen bei Olten

Wangen bei Olten is a municipality in the district of Olten in the canton of Solothurn in Switzerland.-Minaret controversy:The construction of a high minaret in Wangen in 2005 led to a constitutional ban on their construction on 29 November 2009....

. These existing minarets are not affected by the ban.

Legal dispute

The Swiss minaret controversy began in a small municipality

Municipalities of Switzerland

Communes , also known as municipalities, are the smallest government division in Switzerland, numbering 2,596 . While many have a population of a few hundred citizens, the largest cities such as Zürich or Geneva also have the legal status of municipalities...

in the northern part of Switzerland in 2005. The contention involved the Turkish

Turks in Switzerland

Turks in Switzerland are Swiss citizens of Turkish origin. Over the last two decades, there has been a significant increase in the diversity of culture, language and customs in the Swiss population...

cultural association in Wangen bei Olten

Wangen bei Olten

, which applied for a construction permit to erect a 6-metre-high minaret on the roof of its Islamic community centre. The project faced opposition from surrounding residents, who had formed a group to prevent the tower's erection. The Turkish association claimed that the building authorities improperly and arbitrarily delayed its building application. They also believed that the members of the local opposition group were motivated by religious bias. The Communal Building and Planning Commission rejected the association's application. The applicants appealed to the Building and Justice Department, which reverted the decision and remanded. As a consequence of that decision, local residents (who were members of the group mentioned) and the commune of Wangen brought the case before the Administrative Court of the Canton of Solothurn

Canton of Solothurn

Solothurn is a canton of Switzerland. It is located in the northwest of Switzerland. The capital is Solothurn.-History:The territory of the canton comprises land acquired by the capital...

, but failed with their claims. On appeal the Federal Supreme Court affirmed the decision of the lower court. The 6 metres (19.7 ft)-high minaret was eventually erected in July 2009.

Political dispute

From 2006 until 2008, members of the Swiss People's Party

Swiss People's Party

and the Federal Democratic Union launched several canton

Cantons of Switzerland

The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...

al initiatives against the erection of minarets. The citizens of the cantons never had the opportunity to vote on them, because all cantonal parliaments held the initiatives unconstitutional and therefore void

Void (law)

In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....

Referendum

In 2007, in response to the political defeats described above, the Egerkinger committee launched a federal popular initiative against minarets. The committee's proposed amendment to article 72 of the Swiss Federal Constitution

Swiss Federal Constitution

The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...

read: "The building of minarets is prohibited."

In Switzerland, federal popular initiatives are not subject to judicial review, as they amend the federal constitution (whereas cantonal initiatives can be challenged in court for violating federal law). Promoters of popular initiatives have 18 months to collect at least 100,000 signatures. If they succeed, the initiative is put before the Swiss citizenry in a national vote. Both federal and cantonal initiatives are common in Switzerland, resulting in many referendum votes each year.

Egerkinger committee

The Egerkinger committee is made up of members of the Swiss People's Party

Swiss People's Party

and the Federal Democratic Union. The committee opines that the interests of residents, who are disturbed by specific kinds of religious land uses, are to be taken seriously. Moreover, it argues that Swiss residents should be able to block unwanted and unusual projects such as the erection of Islamic minarets. The committee alleges, inter alia

Inter Alia

-Track listing:# Inter Alia# Outfox'd # Righteous Badass # The Altogether feat. Bix, Apt, UNIVERSE ARM and Cal# The Day-to-Daily# Trouble Brewing # The Prestidigitator# The Force...

, that "the construction of a minaret has no religious meaning. Neither in the Qur'an

Qur'an

The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...

, nor in any other holy scripture of Islam

Islam

Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

is the minaret expressly mentioned at any rate. The minaret is far more a symbol of religious-political power claim [...]." The initiators justified their point of view by quoting parts of a 1997 speech by Recep Tayyip Erdoğan

Recep Tayyip Erdogan

Recep Tayyip Erdoğan has been Prime Minister of Turkey since 2003 and is chairman of the ruling Justice and Development Party , which holds a majority of the seats in the Grand National Assembly of Turkey. Erdoğan served as Mayor of Istanbul from 1994 to 1998. He graduated in 1981 from Marmara...

(later Prime Minister of Turkey), which stated: "Mosques are our barracks, domes our helmets, minarets our bayonets, believers our soldiers. This holy army guards my religion." Ulrich Schluer

Ulrich Schlüer

Ulrich Schlüer is a right wing Swiss politician, member of the Swiss People's Party of the canton of Zürich. Schlüer studied History and German language at the University of Zürich, receiving a PhD in 1978...

, who is one of the Egerkinger committee’s most prominent exponents, states in this respect: "A minaret has nothing to do with religion: It just symbolises a place where Islamic law is established."
The members of the Egerkinger committee included, among others, Ulrich Schluer

Ulrich Schlüer

; Christian Waber

Christian Waber

Christian Waber Christian Waber Christian Waber (b. 7 May 1948 in Waldkirch is a Swiss politician, member of the Federal Democratic Union of Switzerland.- Biography :Waber has been communal councellor at Wasen, in the Sumiswald commune of Emmental, from 1984 to 1992...

; Walter Wobmann

Walter Wobmann

Walter Wobmann is a Swiss politician of the Swiss People's Party.- Biography :Wobmann has held an MP position at the National Council of Switzerland since 2003.- Notes and references :*...

; Jasmin Hutter

Jasmin Hutter

Jasmin Hutter is a Swiss politician of the Swiss People's Party, of which she is vice-president.She holds an MP position at the National Council of Switzerland as a representative from Saint-Gall, and is a member of the Political Institutions commission.- Notes and references :...

; Oskar Freysinger

Oskar Freysinger

Oskar Freysinger is a Swiss politician of the Swiss People's Party.- Biography :Freysinger studied at a German-speaking school in Sion, and later studied German literature and philosophy, and French literature, obtaining a teaching degree in 1985.Freysinger has taught at the Lycée-Collège de la...

; Eric Bonjour

Eric Bonjour

Eric Bonjour is a Swiss politician of the Swiss People's Party.He has held an MP position at the Cantonal Council of Vaud since 11 March 2007.- Notes and references :...

; Sylvia Flückiger; Lukas Reimann; Natalie Rickli

Natalie Rickli

Natalie Simone Rickli is a Swiss politician of the Swiss People's Party.She has held an MP position at the National Council of Switzerland since 2007.-External links:*...

Poster campaign

The committee's campaign featured posters featuring a drawing of a Muslim woman in an abaya

Abaya

The abaya "cloak" , sometimes also called an aba, is a simple, loose over-garment, essentially a robe-like dress, worn by some women in parts of the Islamic world including in Turkey, North Africa and the Arabian Peninsula....

and niqab

Niqab

A niqab is a cloth which covers the face, worn by some Muslim women as a part of sartorial hijāb...

, next to a number of minarets on a Swiss flag pictured in a way "reminiscent of missiles". The Swiss People's Party

Swiss People's Party

also published a similar poster with the minarets protruding through a Swiss flag. A few days before the election, campaigners drove a vehicle near Geneva Mosque in the Le Petit-Saconnex imitating call to prayer using loudspeakers. Its neighbourhood voted by 1,942 votes to 1,240 to reject the ban.

Feminists

The British newspaper The Times

The Times

The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...

cited support of the minaret ban by "radical feminists

Radical feminism

Radical feminism is a current theoretical perspective within feminism that focuses on the theory of patriarchy as a system of power that organizes society into a complex of relationships based on an assumption that "male supremacy" oppresses women...

" who oppose the oppression of women in Islamic societies. Among these were noted Dutch

Dutch people

The Dutch people are an ethnic group native to the Netherlands. They share a common culture and speak the Dutch language. Dutch people and their descendants are found in migrant communities worldwide, notably in Suriname, Chile, Brazil, Canada, Australia, South Africa, New Zealand, and the United...

feminist and former politician Ayaan Hirsi Ali

Ayaan Hirsi Ali

Ayaan Hirsi Magan Ali is a Somali-Dutch feminist and atheist activist, writer, politician who strongly opposes circumcision and female genital cutting. She is the daughter of the Somali politician and opposition leader Hirsi Magan Isse and is a founder of the women's rights organisation the AHA...

who in December gave her support for the ban with the article titled "Swiss ban on minarets was a vote for tolerance and inclusion". The Times further reported that Swiss women supported the ban, in pre-election polling, by a greater percentage than did Swiss men.

Society of St Pius X

The traditionalist Society of St Pius X (SSPX), which has its headquarters at Ecône in Switzerland, supported the ban on minarets, denouncing opposition to the ban by some Catholic bishops:

and explaining its support of the ban:

Writing in The Tablet

The Tablet

The Tablet is a Catholic international weekly review published in London. Contributors to its pages have included Evelyn Waugh, Graham Greene, Pope Benedict XVI and Pope Paul VI ....

, Christa Pongratz-Lippitt and Robert Mickens supported the Swiss bishops' opposition to the ban and characterized the Society of St Pius X as being "overjoyed" at the outcome of the vote.

Opposition

The Swiss Government

The Swiss Federal Council

Swiss Federal Council

The Federal Council is the seven-member executive council which constitutes the federal government of Switzerland and serves as the Swiss collective head of state....

opposes a building ban on minarets. It says that popular initiative against the construction of minarets has been submitted in accordance with the applicable regulations, but infringes guaranteed international human rights and contradicts the core values of the Swiss Federal Constitution. It believes a ban would endanger peace between religions and would not help to prevent the spread of fundamentalist Islamic beliefs. In its opinion the Federal Council therefore recommends that the Swiss people reject the initiative. The Federal Commission against Racism criticised the people's initiative. It claims that the initiative defames Muslims and violates religious freedom, which is protected by fundamental and human rights and the ban on discrimination.

Parliament

The Federal Assembly recommended (by 132 to 51 votes and 11 abstentions) in spring of 2009 that the Swiss people reject the minaret ban initiative.

Non-governmental organisations

The Society for Minorities in Switzerland calls for freedom and equality. It started an internet-based campaign in order to gather as many symbolic signatures as possible against a possible minaret ban. Amnesty International

Amnesty International

Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

warned the minaret ban aims to exploit fears of Muslims and encourage xenophobia

Xenophobia

Xenophobia is defined as "an unreasonable fear of foreigners or strangers or of that which is foreign or strange". It comes from the Greek words ξένος , meaning "stranger," "foreigner" and φόβος , meaning "fear."...

for political gains. "This initiative claims to be a defense against rampant Islamification of Switzerland," Daniel Bolomey, the head of Amnesty’s Swiss office, said in a statement cited by Agence France-Presse

Agence France-Presse

Agence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...

(AFP). "But it seeks to discredit Muslims and defames them, pure and simple." Economiesuisse

Economiesuisse

Économiesuisse is a Swiss corporate union, made of the fusion of the Union suisse du commerce et de l'industrie or Vorort, and of the Société pour le développement de l'économie suisse .- History :The USCI was founded in 1870, following a string of workers' strikes and...

finds an absolute construction ban would hit Swiss foreign interests negatively. It points to the fact that only the launch of the initiative caused turmoil in the Islamic world. The Swiss-based "Unser Recht" association publishes a number of articles against a minaret ban.
In autumn 2009, the Swiss Journal of Religious Freedom launched a public campaign for religious harmony, security, and justice in Switzerland. It distributed several thousand stickers in the streets of Zürich for the right to religious freedom.

Religious organisations

Catholic bishops

Roman Catholicism in Switzerland

Roman Catholicism in Switzerland, organised in the six dioceses and two territorial abbeys, comprises approximately 3 million Catholics, about 42% of the Swiss population.The dioceses are the bishoprics of*Basel, currently headed by Bishop Felix Gmür...

oppose a minaret ban. A statement from the Swiss Bishops Conference said that a ban would hinder interreligious dialogue

Dialogue

Dialogue is a literary and theatrical form consisting of a written or spoken conversational exchange between two or more people....

and added that the construction and operation of minarets were already regulated by Swiss building codes. The statement requested that "the initiative to be rejected is based on our Christian values

Christian values

The term Christian values historically refers to the values found in the teachings of Jesus.The biblical teachings of Jesus include:* love of God: "You shall love the Lord your God with all of your heart, and with all your soul, and with all your mind" ,...

and the democratic principles in our country." The official journal of the Catholic Church in Switzerland published a series of articles on the minaret controversy.
The Federation of Swiss Protestant Churches

Federation of Swiss Protestant Churches

The Federation of Swiss Protestant Churches is a federation of 26 member churches — 24 cantonal churches and two free churches . The SEK-FEPS is not a church in a theological understanding, because every member is independent with their own theological and formal organisation...

holds that the popular initiative is not about minarets, but is rather an expression of the initiators’ concern and fear of Islam. It views a minaret ban as a wrong approach to express such objections.
The Swiss Federation of Jewish Communities are also against any ban on building minarets. Says Dr Herbert Winter, the president of the Federation: “As Jews we have our own experience. For centuries we were excluded: we were not allowed to construct synagogues or cupola roofs. We do not want that kind of exclusion repeated.”. Many other religious organisations find the idea of a complete minaret ban as lamentable. These are: the Association of Evangelical Free Churches and Communities in Switzerland; the Swiss Evangelical Alliance; the Old Catholic Church

Old Catholic Church

The term Old Catholic Church is commonly used to describe a number of Ultrajectine Christian churches that originated with groups that split from the Roman Catholic Church over certain doctrines, most importantly that of Papal Infallibility...

in Switzerland; the Covenant of
Swiss Baptists; the Salvation Army

Salvation Army

The Salvation Army is a Protestant Christian church known for its thrift stores and charity work. It is an international movement that currently works in over a hundred countries....

; the Federation of Evangelical Lutheran Churches in Switzerland; the Orthodox Diocese the Ecumenical Patriarchate of Constantinople; the Serbian Orthodox Church

Serbian Orthodox Church

The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...

in Switzerland; and the Anglican Church in Switzerland.

Individual legal experts

Marcel Stüssi argues that any ban would be incompatible with articles of international law

International law

Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

to which Switzerland is a signatory. In any case, cantonal zoning laws already prohibit the construction of buildings that do not match their surroundings. "Right-wing initiatives like the minaret one can misuse the system," says Stüssi. He calls the initiative "obsolete and unnecessary" but adds that the public discourse on the issue could put Switzerland in a positive light, at least for the majority who at this point oppose a ban. In July 2008, before the popular initiative, he argued that "crisis always creates an opportunity. A popular vote against a proposed ban would be the highest declaration for the recognition of the Swiss Muslim community." "It would also be an expressed statement that anybody is equally subject to the law and to the political process," Stüssi said in an interview with World Radio Switzerland.
Heinrich Koller, states that "Switzerland must abide by international law because both systems together form a unity." Giusep Nay

Giusep Nay

Giusep Nay was the president of the Federal Supreme Court of Switzerland for the years 2005 and 2006. He was elected to the Supreme Court in 1988 after being nominated by the Christian Democratic People's Party of Switzerland.Nay resigned his office in 2006...

states that from an objective viewpoint jus cogens is to be read and given effect in association with fundamental norms of international law. According to Nay, this interpretation means that any state action must be in accordance with fundamental material justice, and applies not only to interpretations of applicable law, but also to new law. Erwin Tanner sees the initiative as breaching not only the constitutionally entrenched right to religious freedom, but also the right to freedom of expression, enjoyment of property, and equality. The editorial board of the Revue de Droit Suisse called for invalidation of the initiative as "it appears that the material content of popular initiatives is subject to ill-considered draftsmanship because the drafters are affected by particular emotions that merely last for snatches."

Result

In a referendum on 29 November 2009

Swiss referendum, November 2009

, the amendment, which needed a double majority to pass, was approved by 57.5% (1 534 054 citizens) of the voters and by 19½ cantons

Cantons of Switzerland

out of 23. Geneva

Canton of Geneva

The Republic and Canton of Geneva is the French speaking westernmost canton or state of Switzerland, surrounded on almost all sides by France. As is the case in several other Swiss cantons The Republic and Canton of Geneva is the French speaking westernmost canton or state of Switzerland,...

, Vaud

Vaud

Vaud is one of the 26 cantons of Switzerland and is located in Romandy, the French-speaking southwestern part of the country. The capital is Lausanne. The name of the Canton in Switzerland's other languages are Vaud in Italian , Waadt in German , and Vad in Romansh.-History:Along the lakes,...

and Neuchâtel

Canton of Neuchâtel

Neuchâtel is a canton of French speaking western Switzerland. In 2007, its population was 169,782 of which 39,654 were foreigners. The capital is Neuchâtel.-History:...

, all of which are French speaking cantons, voted against the ban (59.7%, 53.1% and 50.9% respectively). The canton of Basel-City

Basel-City

Basel-Stadt is one of the 26 cantons of Switzerland. The city of Basel and the municipalities of Bettingen and Riehen form its territory.-History:...

, which has half a cantonal vote and the largest Muslim community of Switzerland

Islam in Switzerland

According to the Confederate census of 2001, a total number of 310,807 Muslims were living in Switzerland which made up 4.26% of the total population. In 2009 there were an estimated 400,000 Muslims in Switzerland, accounting to around 5% of the total population....

, also rejected the ban by 51.6%. The voter turnout was 53.4%.

At the district

Districts of Switzerland

In contrast to centrally organised states, in the federally constituted Switzerland each canton iscompletely free to decide its own internal organisation. Therefore there exists a variety of structures and terminology for the subnational entities between canton and municipality, loosely termed...

level, the initiative failed to find a majority in 16 districts (not including Basel-City and Geneva which are not divided into districts):
canton of Vaud: Lausanne

Lausanne

Lausanne is a city in Romandy, the French-speaking part of Switzerland, and is the capital of the canton of Vaud. The seat of the district of Lausanne, the city is situated on the shores of Lake Geneva . It faces the French town of Évian-les-Bains, with the Jura mountains to its north-west...

, Ouest lausannois

Ouest lausannois (district)

Ouest Lausannois District is a district in the canton of Vaud, Switzerland. The seat of the district is Renens.-Geography:Ouest Lausannois has an area, , of . Of this area, or 24.5% is used for agricultural purposes, while or 13.6% is forested...

, Lavaux-Oron

Lavaux-Oron (district)

-Geography:Lavaux-Oron has an area, , of . Of this area, or 59.4% is used for agricultural purposes, while or 23.5% is forested. Of the rest of the land, or 16.3% is settled and or 0.9% is unproductive land.-Demographics:...

, Nyon

Nyon

Nyon is a municipality in the district of Nyon in the canton of Vaud in Switzerland. It is located some 25 kilometers north east of Geneva's city centre, and since the 1970s it has become part of the Geneva metropolitan area. It lies on the shores of Lake Geneva, and is the seat of the district of...

, Morges

Morges

Morges is a municipality in the Swiss canton of Vaud, located in the district of Morges and is also the seat of the district.-History:...

, Riviera-Pays-d'Enhaut

Riviera-Pays-d'Enhaut (district)

-Geography:Riviera-Pays-d'Enhaut has an area, , of . Of this area, or 39.9% is used for agricultural purposes, while or 39.6% is forested. Of the rest of the land, or 9.3% is settled and or 11.1% is unproductive land.-Demographics:...

;
canton of Neuchâtel

Canton of Neuchâtel

Neuchâtel is a canton of French speaking western Switzerland. In 2007, its population was 169,782 of which 39,654 were foreigners. The capital is Neuchâtel.-History:...

: Neuchâtel, Boudry

Boudry (district)

Boudry District is one of the six districts of the canton of Neuchâtel, Switzerland. It has a population of . The district capital is the town of Boudry.-Municipalities:The district consists of the following municipalities:...

, La Chaux-de-Fonds

La Chaux-de-Fonds

La Chaux-de-Fonds is a Swiss city of the district of La Chaux-de-Fonds in the canton of Neuchâtel. It is located in the Jura mountains at an altitude of 1000 m, a few kilometres from the French border. After Geneva and Lausanne, it is the third largest city of Romandie, the French-speaking part of...

;
canton of Fribourg

Canton of Fribourg

The Canton of Fribourg is a canton of Switzerland. It is located in the west of the country. The capital of the canton is Fribourg. The name Fribourg is French, whereas is the German name for both the canton and the town.-History:...

: Sarine

Sarine (district)

Sarine District is one of the seven districts of the canton of Fribourg in Switzerland. It is largely French-speaking, with a German-speaking minority. Its territory is drained by the Sarine river , and by its tributary, the Glâne...

;
canton of Jura

Canton of Jura

The Republic and Canton of the Jura , also known as the Canton of Jura or Canton Jura, is one of the cantons of Switzerland. It is the newest of the 26 Swiss cantons, located in the northwestern part of Switzerland. The capital is Delémont...

: Delémont

Delémont

Delémont is the capital of the Swiss canton of Jura. The city has approximately 11,000 inhabitants as of 2007.-Geography:Delémont lies southwest of Basel, about halfway between Basel and Bienne...

, Franches-Montagnes;
canton of Zurich

Canton of Zürich

The Canton of Zurich has a population of . The canton is located in the northeast of Switzerland and the city of Zurich is its capital. The official language is German, but people speak the local Swiss German dialect called Züritüütsch...

: Zurich

Zürich

Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...

, Meilen

Meilen (district)

Meilen District is one of the twelve districts of the German-speaking canton of Zurich, Switzerland. It lies to the south of the canton in the Pfannenstiel region, forming much of the northern shore of Lake Zurich. The district capital is the town of Meilen....

;
canton of Berne

Canton of Berne

The Canton of Bern is the second largest of the 26 Swiss cantons by both surface area and population. Located in west-central Switzerland, it borders the Canton of Jura and the Canton of Solothurn to the north. To the west lie the Canton of Neuchâtel, the Canton of Fribourg and Vaud. To the south...

: Berne

Berne

The city of Bern or Berne is the Bundesstadt of Switzerland, and, with a population of , the fourth most populous city in Switzerland. The Bern agglomeration, which includes 43 municipalities, has a population of 349,000. The metropolitan area had a population of 660,000 in 2000...

;
canton of Solothurn

Canton of Solothurn

Solothurn is a canton of Switzerland. It is located in the northwest of Switzerland. The capital is Solothurn.-History:The territory of the canton comprises land acquired by the capital...

: Solothurn

Solothurn

The city of Solothurn is the capital of the Canton of Solothurn in Switzerland. The city also comprises the only municipality of the district of the same name.-Pre-roman settlement:...

.

The cities of Zurich

Zürich

Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...

and Berne

Berne

along with Geneva

Geneva

and Basel

Basel

Basel or Basle In the national languages of Switzerland the city is also known as Bâle , Basilea and Basilea is Switzerland's third most populous city with about 166,000 inhabitants. Located where the Swiss, French and German borders meet, Basel also has suburbs in France and Germany...

also showed a slight majority opposed to the ban. The canton of Zurich

Canton of Zürich

as a whole, however, voted 52% yes. The highest percentage of votes in favour of the ban were counted in Appenzell Innerrhoden

Appenzell Innerrhoden

Appenzell Innerrhoden is the smallest canton of Switzerland by population and the second smallest by area, Basel-City having less area.-Foundation:...

(71%) followed by Glarus

Canton of Glarus

The Canton of Glarus is a canton in east central Switzerland. The capital is Glarus.The population speaks a variety of Alemannic German.The majority of the population identifies as Christian, about evenly split between the Protestant and Catholic confessions.-History:According to legend, the...

(69%), Ticino

Ticino

Canton Ticino or Ticino is the southernmost canton of Switzerland. Named after the Ticino river, it is the only canton in which Italian is the sole official language...

(68%) and Thurgau

Thurgau

Thurgau is a northeast canton of Switzerland. The population, , is . In 2007, there were a total of 47,390 who were resident foreigners. The capital is Frauenfeld.-History:...

(68%).

An independent study done by the political scientists Markus Freitag (University of Konstanz

University of Konstanz

The University of Konstanz is a university in the city of Konstanz in Baden-Württemberg, Germany. It was founded in 1966, and the main campus on the Gießberg was opened in 1972. As one of nine German Excellence Universities today University of Konstanz is counted among Germany's most prestigious...

), Thomas Milic and Adrian Vatter (University of Bern) noted a good level of knowledge among voters. Contrary to what had been thought, the surveys before the referendum didn't influence the voters as it is hard to do so with people accustomed to them. The people who voted did it according to their political convictions and by taking into account the different arguments. It also attributes the result to the fact that supporters of the ban massively took part in the referendum.

Aftermath of the referendum and implementation of the ban

The ban on new minarets may be put to the test in the case of a pending project of building a minaret for a mosque in Langenthal

Langenthal, Switzerland

Langenthal is a municipality in the district of Oberaargau in the canton of Bern in Switzerland. On 1 January 2010 the municipality of Untersteckholz merged into the Langenthal....

, canton of Berne

Canton of Berne

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The Islamic community of Langenthal has announced their intention of taking their case to the Federal Supreme Court of Switzerland

Federal Supreme Court of Switzerland

The Federal Supreme Court of Switzerland is the supreme court of Switzerland. It is located in Lausanne.According to the Constitution of Switzerland, the court has jurisdiction over violations of:*federal law;*public international law;*intercantonal law;...

and if necessary further to the European Court of Human Rights

European Court of Human Rights

The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

in Strasbourg

Strasbourg

Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...

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The attorney of the community has also announced doubts on whether the ban can be taken to affect the Langenthal project because the application for planning permission had been handed to the authorities in 2006, it may be argued that the ban cannot be taken to apply to this project ex post facto. On the other hand, Bernese officials and Rainer Schweizer, law professor at St. Gallen University, have expressed their opinion that the ban renders the Langenthal project obsolete.

Whether the Langenthal mosque is affected may depend on the details of the eventual implementation. According to Alexander Ruch, professor of building law at ETH Zurich

ETH Zurich

The Swiss Federal Institute of Technology Zurich or ETH Zürich is an engineering, science, technology, mathematics and management university in the City of Zurich, Switzerland....

, there is so far no official definition of minarets, leaving open the handling of hypothetical cases such as the chimney of a factory building that is converted into a mosque. In the case of Langenthal it has even been argued that the planned structure is a minaret-like tower rather than a minaret. In fact, calls to prayer have been a frequent argument against minarets, and the planned tower in Langenthal cannot be used for that purpose.
In the case of the Islamic center in Frauenfeld

Frauenfeld

Frauenfeld is the capital of the canton of Thurgau in Switzerland.-Early history:The earliest trace of human settlement are several La Tène era graves to the east of Langdorf. The Roman road from Oberwinterthur to Pfyn ran through what is now the Allmend in Frauenfeld. Two Roman villas were...

, canton of Thurgau, there is a ventilation shaft that was adorned with a sheet metal cone topped with a crescent moon. The Frauenfeld city council has declined treating the structure as a "minaret", saying that it had been officially declared a ventilation shaft, and that the added crescent moon had not been giving cause for comment during the six years since its installation.

The Swiss Green Party have declared that in their opinion, the ban introduces a contradiction into the Swiss constitution, which also contains a paragraph which guarantees freedom of religion

Freedom of religion

Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

and they have announced their intention to appeal to the European Court on Human Rights on the matter.

Several applications to ECtHR were rejected in 2011 on grounds of applicants not being victims (not intending to build a minaret).

International reactions

The ban sparked reactions from international political parties throughout of the world.

Positive

The Swiss referendum was welcomed by most of the European far Right parties. Polls in several European countries showed that there would be majorities for similar bans in much of western Europe if the population were allowed to vote on the question directly.
- The Alliance for the Future of Austria

Alliance for the Future of Austria

The Alliance for the Future of Austria , abbreviated to BZÖ, is a conservative liberal political party in Austria. The party has sixteen seats in the National Council....

stated that "as long as fanatic Islamists describe their mosques as army barracks ... we will prevent building such installations to protect our democracy, human rights and freedom". The Freedom Party of Austria

Freedom Party of Austria

The Freedom Party of Austria is a political party in Austria. Ideologically, the party is a direct descendant of the German national liberal camp, which dates back to the 1848 revolutions. The FPÖ itself was founded in 1956 as the successor to the short-lived Federation of Independents , which had...

also proposed for a similar ban on minarets in Austria. - Filip Dewinter

Filip Dewinter

Philip Michel Frans "Filip" Dewinter is a Flemish politician in Belgium. He is one of the leading members of Vlaams Belang, a right-wing Flemish nationalist and secessionist political party...

of the Vlaams Belang

Vlaams Belang

Vlaams Belang is a Belgian far-right political party in the Flemish Region and Brussels that advocates the independence of Flanders and strict limits on immigration, whereby immigrants would be obliged to adopt Flemish culture and language...

stated that it "is a signal that they have to adapt to our way of life and not the other way around". - The Danish People's Party

Danish People's Party

The Danish People's Party is a political party in Denmark which is frequently described as right-wing populist by political scientists and commentators. The party is led by Pia Kjærsgaard...

expressed support for a similar referendum on a ban on building of minarets as well as on large Mosques in Denmark. - President Nicolas Sarkozy

Nicolas Sarkozy

Nicolas Sarkozy is the 23rd and current President of the French Republic and ex officio Co-Prince of Andorra. He assumed the office on 16 May 2007 after defeating the Socialist Party candidate Ségolène Royal 10 days earlier....

said the referendum results should be respected as it had nothing to do with religious freedom. Marine Le Pen

Marine Le Pen

Marine Le Pen is a French politician, a lawyer by profession and the president of the Front National since 16 January 2011...

of the French Front National

Front National (France)

The National Front is a political party in France. The party was founded in 1972, seeking to unify a variety of French far-right currents of the time. Jean-Marie Le Pen was the party's first leader and the undisputed centre of the party from its start until his resignation in 2011...

said that "elites should stop denying the aspirations and fears of the European people, who, without opposing religious freedom, reject ostentatious signs that political-religious Muslim groups want to impose". - Geert Wilders

Geert Wilders

Geert Wilders is a Dutch right-wing politician and leader of the Party for Freedom , the third-largest political party in the Netherlands. He is the Parliamentary group leader of his party in the Dutch House of Representatives...

, head of the Dutch Party for Freedom

Party for Freedom

The Party for Freedom is a Dutch right-wing political party. Founded in 2005 as the successor to Geert Wilders' one-man party in the House of Representatives, it won nine seats in the 2006 general election, making it the fifth largest party in parliament, and third largest opposition party. It...

stated he is now aiming at making a similar referendum possible in the Netherlands. - Mario Borghezio

Mario Borghezio

Mario Borghezio is an Italian politician from the Northern League. He is a Member of the European Parliament, and sits with the eurosceptic Europe of Freedom and Democracy group. He is a member of the Committee on Civil Liberties, Justice and Home Affairsand of the Committee on Petitions...

of the Lega Nord declared that "the flag of a courageous Switzerland which wants to remain Christian is flying over a near-Islamised Europe". Roberto Calderoli

Roberto Calderoli

Roberto Calderoli is an Italian politician and a member of the Senate of Italy. He is currently a Minister without portfolio for Legislative Simplification in the Berlusconi IV Cabinet....

of the same party further stated that "Switzerland is sending us a clear signal: yes to bell towers, no to minarets".

Negative

- Foreign Minister Bernard Kouchner

Bernard Kouchner

Bernard Kouchner is a French politician, diplomat, and doctor. He is co-founder of Médecins Sans Frontières and Médecins du Monde...

condemned the ban calling it "an expression of intolerance", and said it amounted to "religious oppression", hoping Switzerland will reverse its decision. - A senior member of Chancellor Angela Merkel

Angela Merkel

Angela Dorothea Merkel is the current Chancellor of Germany . Merkel, elected to the Bundestag from Mecklenburg-Vorpommern, has been the chairwoman of the Christian Democratic Union since 2000, and chairwoman of the CDU-CSU parliamentary coalition from 2002 to 2005.From 2005 to 2009 she led a...

's conservative Christian Democratic Union (CDU), Member Wolfgang Bosbach

Wolfgang Bosbach

Wolfgang Bosbach is a German politician and member of the conservative party, the Christian Democratic Union , which he joined in 1972. A lawyer by profession, Bosbach is a partner at Winter, Jansen & Lamsfuß in Bergisch Gladbach...

stated that criticism of the ban would be "counterproductive", and that the ban reflected a fear of growing Islamization, a fear which "must be taken seriously". - Sweden condemned the ban, and foreign minister Carl Bildt

Carl Bildt

, Honorary KCMG is a Swedish politician, diplomat and nobleman. Formerly Prime Minister of Sweden from 1991 to 1994 and leader of the liberal conservative Moderate Party from 1986 to 1999, Bildt has served as Swedish Minister for Foreign Affairs since 6 October 2006...

stated that "It's an expression of quite a bit of prejudice and maybe even fear, but it is clear that it is a negative signal in every way, there's no doubt about it". He also stated that "Normally Sweden and other countries have city planners that decide this kind of issue. To decide this kind of issue in a referendum seems very strange to me". - Libyan leader Muammar al-Gaddafi

Muammar al-Gaddafi

Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...

cited the minaret ban as grounds for his call for a Jihad against Switzerland in a speech held in Benghazi

Benghazi

Benghazi is the second largest city in Libya, the main city of the Cyrenaica region , and the former provisional capital of the National Transitional Council. The wider metropolitan area is also a district of Libya...

on the occasion of Mawlid

Mawlid

Mawlid or sometimes ميلاد , mīlād is a term used to refer to the observance of the birthday of the Islamic prophet Muhammad which occurs in Rabi' al-awwal,...

, four months after the vote. Gaddafi also called on Muslims around the world to boycott Switzerland, and stated that "any Muslim in any part of the world that works with Switzerland is an apostate, is against Muhammad, Allah, and the Koran". Gaddafi called Switzerland an "infidel, obscene state which is destroying mosques". Libyan government spokesperson Mohammed Baayou announced that Libya had imposed an embargo on all economic and commercial exchanges with Switzerland. - Pakistani Member of Parliament and deputy leader of the Jamaat-e-Islami

Jamaat-e-Islami

This article is about Jamaat-e-Islami Pakistan. For other organizations of similar name see Jamaat-e-Islami The Jamaat-e-Islami , is a Pro-Muslim political party in Pakistan...

party Khurshid Ahmad stated that "this development reflects extreme Islamophobia among people in the west". Pakistani newspaper The Nation on 30 January 2010 carried a fabricated story according to which "the first man who had launched a drive for imposition of ban on mosques minarets", had seen the error of his "evil ways" and had converted to Islam, which had supposedly "created furore in Swiss politics", claiming that Streich "is ashamed of his doings now and desires to construct the most beautiful mosque of Europe in Switzerland." Tikkun Daily on 5 February debunked The Nations story as a distorted version of a report on Daniel Streich

Daniel Streich

Daniel Streich is a Swiss military instructor, community council member and a former member of Swiss People’s Party....

, a Swiss Muslim who left the Swiss People's Party because he was outraged with their campaign. - Iranian Foreign Minister Manouchehr Mottaki

Manouchehr Mottaki

Manouchehr Mottaki is an Iranian politician and diplomat. He was the Iranian Minister of Foreign Affairs. Whilst technically appointed by Mahmoud Ahmadinejad, he is considered to be closer to more pragmatic conservative factions and during the 2005 presidential election, he was the campaign...

phoned his Swiss counterpart, and stated that the ban went "against the prestige of a country which claims to be an advocate of democracy and human rights", and that it would "damage Switzerland's image as a pioneer of respecting human rights among the Muslims' public opinion". He also claimed that "values such as tolerance, dialogue, and respecting others' religions should never be put to referendum", and warned Switzerland of the "consequenses of anti-Islamic acts", and expressed hopes that the Swiss government would "take necessary steps and find a constitutional way to prevent the imposition of this ban". Switzerland's ambassador to Iran was summoned before the Foreign Ministry, which protested against the ban. - Turkish President Abdullah Gül

Abdullah Gül

Dr. Abdullah Gül, GCB is the 11th and current President of the Republic of Turkey, serving in that office since 28 August 2007. He previously served for four months as Prime Minister from 2002-03, and as Minister of Foreign Affairs from 2003-07....

called the ban "shameful". Turkish State Minister Egemen Bağış

Egemen Bagis

Egemen Bağış is a Turkish politician, member of Turkish parliament since November 2002, current minister for EU Affairs and chief negotiator of Turkey in accession talks with the European Union...

called on Muslims to withdraw their money from Swiss banks, stating that "I hope this decision will prompt our Muslim brothers who keep their money and investments in Swiss banks to review their decision. The doors of the Turkish banking sector are always open to them." - *The Geneva-based UN Human Rights Council in March 2010 narrowly passed a resolution condemning "defamation of religion", which included reference to "Islamophobic" bans on building new minarets on mosques. The resolution was proposed by the Organisation of the Islamic Conference

Organisation of the Islamic Conference

The Organisation of Islamic Cooperation Upon the groups's renaming, some sources provided the English-language translation "Organisation of the Islamic Cooperation", but and have since indicated the preferred English translation omits the "the". is an international organisation consisting of 57...

(OIC). OIC representative Babacar Ba said that the resolution was a "way to reaffirm once again our condemnation of the decision to ban construction of minarets in Switzerland." The resolution was opposed mostly by western nations, while it gained majority due to the votes of Muslim nations, besides the support of Cuba

Cuba

The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

and China

China

Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

. Eight states abstained. US ambassador Eileen Donahoe criticised the resolution as an "instrument of division" and an "ineffective way to address" concerns about discrimination.

External links

Egerkinger Initiative Committee (French, German, Italian)
Society for Minorities in Switzerland (French, German, Italian)
The Swiss Journal of Religious Freedom (German, English, French, and Italian)

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Legal dispute

Political dispute

Referendum

Egerkinger committee

Poster campaign

Feminists

Society of St Pius X

Opposition

The Swiss Government

Parliament

Non-governmental organisations

Religious organisations

Individual legal experts

Result

Aftermath of the referendum and implementation of the ban

International reactions

Positive

Negative

See also

Further reading

External links