Minority(s) representation and recognition through intensive participation in a Direct Democracy A presentation to the JEF&YES’ European Seminar “Majorities for Minorities” Berne, March 23, 2008 by Andreas Gross (Switzerland) Political scientist, Director of the Atelier for Direct Democracy in St.Ursanne, University lecturer and Swiss MP & Leader of the Socialdemocratic group of Parl. Assembly of Council of Europe

Some Swiss particularities which have to make us a little bit modest:   In CH we don’t have a majority - we only have many different minorities: Everybody belongs to a kind of minority; nobody may act as he or she would always belong to a majority   Every minority belongs sometimes and somewhere also to a majority (Federalism, Cantons/Communes)   In a Direct Democracy (DD) every important question finds it’s own majority

When we speak now about minorities we think about the “traditional” minorities, not the new ones ! The traditional Swiss minority-cleavages are:   linguistic/cultural (Germ/French/Ital/Rom)   religious (Prot/Cathol/- Jew.)   urban/country/mountainous   professional (Employ/Indep/Farm/Worker)   political (Liberal, radical, conservative, socialdemocratic)

Specific factors which helped to integrate all these minorities in Switzerland: The Integration process (accomodation) started early, smoothly and based on a structure (old cantons) where each minority was majoritarian in his own small “state”(Old Confederation) The Integration process (since 1848) was supported by the crosscut structure of the minority landscape You have a multidimensional minority structure (No monodimensional, no 65/35-relation)

Examples for the “crosscut structure” of the Swiss minority landscape which supports the integration process: A Geneva (liberal) Protestant is majoritarian at home, but in CH as minoritarian as a liberal protestant from Basel A conservative catholic farmer from the Ticino belongs to a small ling.min., but may feel close to the cathol.farmer-collegues in the center or eastern part of CH

The Swiss Federal State was 1848 designed by the people and the Cantons in order to respect and to integrate the minorities: Representation is more then mathem.proportionality - more than institutional rights - a culture, a way of thinking and acting Double Const. Ref. Majority Double Chamber Decentralisation of power Communal based political power Education/relig/cult issues are cantonal based

Modern DD was not made in CH - it was only most practised in CH Assembly selfruling traditions in New England States 17. century Modern Referendum is a innovation of the French Revolution 1793 Citizens Initiative: An innovation of french and german Radical Democrats 1793 &1830ff

Modern DD was in CH and US an opposition product : Modern DD was in CH and US an opposition product : By the people for the people Liberal founders of modern CH from 1848 were elitists - as many in many countries today again Many people (farmers, artisans, working class) saw themselves not representated by their parliament They created broad peoples movements who asked for the “last word”

(Constitut. or legislat. changes) Direct Democracy is about people voting on issues (Constitut. or legislat. changes) The Right to Vote on important issues creates a particular culture of democracy and changes the political and the communicative culture of a country ( More substance, more alternatives, more differentiation, more deepness, more knowledge)

The experience of a horizontally shared power (Federalism) helped Direct Democracy as a polity of vertically shared power If all important constitutional (Double vote) and legislative decisions are made by a popular vote every minority always gets a opportunity to belong to the majority:   Each issue has to find a own majority - There is no fixed majority at the beginning of the decision   Every minority has to be respected   All minorities can ask for a Referendum if they dont feel respected in there interest

DD maximalizes the participative potential of a democratic polity: Integration is also an ongoing process: You never have it for ever, you always have to find it again By taking part in every important decision you learn to feel as a part of the society and if you feel respected from the others you may identify with all, you integrate yourself !

Direct Democracy makes politics more communicative Citizens will try to convince each other In order to be convincing they have to listen and to speak with each other Public Discourses get more substance People see, hear and learn more A learning society may solve problems quicker and more in the interest of the people.

Representative democracy is an essential part of Democracy. But it should not have the monopole of D. Indirect Democracy enables you to vote your representatives; Direct Democracy enables you to vote on important issues you don’t want to leave to your Representatives DD makes democracy more representative !

DD is a set of participatorial citizens rights - much more than just a referendum DD is a set of participatorial citizens rights - much more than just a referendum Const.Referendum (1848) Optional legislat. Referendum (1874) Const.pop.Initiative (1891) Threaty Referendum (1921/77/03) legislat. Initiative Konstruct.Referendum

The big challenge for the Swiss society are the “new minorities” who are politically excluded   Political participation is by the majority not seen anymore as a integration tool   Integration is seen as a condition for political participation: - High stakes for citizenship - - Only exceptional foreigner pol.rights   Less developed non political integration mechanisms

DD on local and regional level is a way to restore confidence in democracy in order to constitute DD on the national, the European and global level DD reduces apathy and cynicism DD restores trust in yourself and others DD reduces the personalization of politics and opens the public sphere to the essential and hidden questions of the society and our times

The quality of the design of the process determines the quality of DD, the outcome and the quality of the side - effects   The design of the process is essential for the « usefulness » of DD for any community.   Each level (local, regional,national, transnational) requires a special design   DD help minorities if other institutional elements are established too (Const.Court/Decentral/Double Maj’s)