Only two years after its last revision, the Swiss Asylum Act is about to be 'reformed' again. The changes include a gag order on political activism for asylum-seekers and a modification of the concept of a refugee.
By Ray Smith
Ever since Switzerland adopted the Asylum Act in 
1981, it has constantly 
been tightened, largely at the expense of the refugees, as in most 
European 
countries.
In 2007 and 2008, Switzerland implemented a harshly criticised reform of
 the 
Asylum Act. Soon after, in spring 2008, Justice Minister Eveline Widmer-
Schlumpf announced new measures to "reduce the attractiveness of 
Switzerland as a target country for asylum-seekers."
The latest reform proposals have now passed the consultation procedures 
and 
have been submitted to parliament for approval.
During the consultation procedure, 45 non-governmental organisations 
responded with a detailed statement slamming the proposed law revision 
as 
"unnecessary" and "baseless". Denise Graf, refugee coordinator of 
Amnesty 
International (AI), says the reform is unnecessary. "The annual number 
of 
asylum requests has in the last three years constantly been between 
10,000 
and 16,000. We're far from the record highs in the end of the nineties, 
when 
more than 40,000 applications per year were filed."
A highly controversial part of the revision is the plan to punish 
"abusive 
political activism" by asylum-seekers. The Federal Council argues that a
 
number of asylum-seekers engage in exile politics only for the purpose 
of 
fabricating new reasons to be granted asylum.
Graf says the offence is insufficiently defined. Balthasar Glättli, 
secretary-
general of the migrants' rights organisation Solidarité sans frontières 
(Sosf) 
says the provisions are "elastic", as it is up to the court to judge in 
particular 
cases. Adrian Hauser, spokesperson for the Swiss Refugee Council (SFH), 
says 
authorities would face serious difficulties proving that someone's 
political 
activities in exile are motivated by abusive motives.
Amnesty International's refugee coordinator points out that in their 
home 
countries, refugees often operate underground, as their activism is 
considered 
illegal. "Once in Switzerland," Graf says, "many asylum-seekers keep up 
opposition politics, but undercover. After a while, an exiled refugee 
may start 
to uncover his political activities, which could then be seen by the 
authorities 
as 'abusive'."
All three organisations regard the proposed measure as an attack on 
freedom 
of speech. "It's a totally unacceptable attempt to silence 
asylum-seekers," 
says Glättli. SFH's Hauser stresses that the European Convention on 
Human 
Rights only allows for restrictions of fundamental rights if national 
security, 
territorial integrity or public safety are in danger or to prevent 
disorder or 
crime. "Here and now, this is not the case."
Berhanu for instance had his asylum request rejected a few years ago. 
Having 
studied agricultural economics and development sciences, he once worked 
as 
an official in a regional administration in his home country Ethiopia. 
On a 
study visit to Europe in 1989 he learnt about ethnic unrest in his home 
region, 
and was warned that he'd be arrested if he were to return.
Berhanu, now staying illegally in an emergency centre near Zurich, says 
his 
political work ultimately aims at improving conditions in Ethiopia, that
 could 
enable him to return. His party, the Ginbot 7 Movement for Peace and 
Justice, 
opposes the authoritarian regime of the People's Revolutionary 
Democratic 
Front. 
"Exile politics is about trying to voice out the situation and human 
rights 
abuses in our country to the rest of the world," says Berhanu. "At the 
same 
time, it's also a transfer of ideas and procedures aiming at the 
democratisation of Ethiopia and an attempt to strengthen home-grown 
opposition parties."
At a demonstration for the liberation of an imprisoned opposition leader
 in 
Geneva, Berhanu learnt about Switzerland's plans to sanction political 
activism 
of asylum-seekers. The gag order is "a law aligning with dictatorial 
regimes," 
he says. Even though open protest activities in the future may not be 
possible 
any more, Berhanu is optimistic that the Internet will allow him and his
 fellows 
to continuously mobilise to reach their objectives.
Switzerland is trying to modify the concept of a refugee. Until now, the
 
country's asylum law has mostly targeted "untrue refugees", a 
distinction 
made to define people who migrate mainly for economic reasons. Under the
 
new law proposal, people so far considered "true refugees" are being 
targeted, too.
This revision is a reaction to a decision by the former Asylum Recourse 
Commission (now the Federal Administrative Court) in 2005. The 
Commission 
had decided then that conscientious objectors and deserters from Eritrea
 
would be granted asylum because their potential punishment in their home
 
country would be politically motivated.
Fearing a rising number of asylum-seekers from Eritrea, the former 
right-
wing justice minister Christoph Blocher and his successor Eveline 
Widmer-
Schlumpf worked on measures to prevent the influx of Eritrean refugees. 
The 
number of asylum-seekers now seems to have become the decisive criteria.
Ray Smith is a freelance journalist and activist with the anarchist media collective 'a-films', which has documented asylum issues in Switzerland for the past year.
