Professional Training Programme for Officials from Afghanistan Federalism: Lessons to learn from Switzerland Thomas Fleiner Thursday November 17th Fribourg Afternoon Session

Swiss Diversity With regard to Languages

Protestant 40% Religion Catholic 46%

2888 Gemeinden Art. 50 CO Communal autonomy is guaranteed within the limits fixed by cantonal law.

The fourteen constitutional principles Which hold the Country together

Legitimacy Rule of Law Shared Rule Self-Rule Democracy

1. Take cultural diversity seriously Legitimacy 1. Take cultural diversity seriously 2. Fatherland for minorities Preamble of the Constitution: Determined to live together with their diversities respecting each other and in equity, 3. Composed Nation Article 37 Nationality and Citizenships Everyone who holds citizenship of a Commune, and of the Canton to which it belongs, has Swiss citizenship. Article 1 The Swiss Confederation The People and the Cantons of Zurich, Berne, Lucerne, …. and Jura form the Swiss Confederation. 4. Multiple loyalty

1. Take cultural diversity seriously Legitimacy 1. Take cultural diversity seriously 2. Fatherland for minorities 3. Composed Nation 4. Multiple loyalty

5. The Right to be unequal, or: equal rights Rule of Law Article 18 Freedom of Language The freedom of language is guaranteed. Art. 70 Par.2 In order to preserve harmony between linguistic com- munities, the cantons shall respect the traditional territorial distribution of languages, and shall take indigenous linguistic minorities into account. 5. The Right to be unequal, or: equal rights versus the right to be equal Article 4 National Languages The National Languages are German, French, Italian, and Romansh. 6. Four Dimension of Freedom: From, By, To, Within, the State 7. Liberty and Peace

5. The Right to be unequal, or: equal rights Rule of Law 5. The Right to be unequal, or: equal rights versus the right to be equal 6. Four Dimension of Freedom: From, By, To, Within, the State 7. Liberty and Peace

8. Participation of ethnic Groups In Constitution making Article 45 Participation in Federal Decision Making In the cases specified by the Federal Constitution, the Cantons shall participate in the decision-making process at the federal level, in particular in formulating federal legislation. (2) The Confederation shall inform the Cantons of its plans, fully and in good time; it shall consult them if their interests are likely to be affected. Shared Rule 8. Participation of ethnic Groups In Constitution making Art. 53 (2) All alterations to the number of the Cantons, or to their status, are subject to the assent of the relevant electorate and of the Cantons concerned, and also of a double vote of the People and the Cantons. (3) All changes to the territory of a Canton are subject to the approval of the electorate of the Cantons concerned, and to the assent of the Federal Assembly in the form of a federal decree. 9. Power sharing of cultural communities

8. Participation of ethnic Groups In Constitution making Shared Rule 8. Participation of ethnic Groups In Constitution making 9. Power sharing of cultural communities

11. Enhancing diversity to overcome ethnification of politics Self Rule 10. Autonomy Article 3 Cantons The Cantons are sovereign insofar as their sove- reignty is not limited by the Federal Constitution; 11. Enhancing diversity to overcome ethnification of politics Article 2 (2) It (Confederation) shall promote…., the internal cohesion and the cultural diversity of the country.

11. Enhancing diversity to overcome ethnification Self Rule 10. Autonomy 11. Enhancing diversity to overcome ethnification of politics

12. Self-determination of individuals as aim of democracy Preamble Resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world 13. Value of compromise as alternative to the winner takes all democracy Art. 175 (4) The various regions and language communities must be equitably represented in the Federal Council. 14. Conflict management Article 147 Consultation Procedure Cantons, political parties and interested circles shall be invited to comment, during preparatory phases, on important legislative bills, on other projects with major implications and also on important international treaties.

12. Self-determination of individuals as aim of democracy 13. Value of compromise as alternative to the winner takes all democracy 14. Conflict management

Neutrality Vienna Congress 1815

MULTICULTURAL AND PEACEFUL MULTICULTURAL BUT PEACEFUL