Thomas Fleiner Federalism As an approach to Conflict Resolution World Peace Academy Basel June

The example of the Swiss Diversity With regard to Languages Religion and Municipalities

French Italien German Austria Romonsh

Protestant (Dark) 40% Catholic white 46% Religion

14 Constitutional to manage Peacefully ethnic conflicts and to hold diversities together

LegitimacyRule of Law Shared Rule Self-Rule Democracy

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

1. Take cultural diversity seriously 2. Fatherland for minorities 3. Composed Nation 4. Multiple loyalty multiple Citizenship Preamble of the Constitution: Determined to live together with their diversities respecting each other and in equity, 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.

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

5. The Right to be different, or: equal rights versus the right to be equal 6. Four Dimension of Freedom: From, By, To, Within, the State 7. Liberty and Peace Article 4 National Languages The National Languages are German, French, Italian, and Romansh. 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.

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

Art. 53 (2) All alterations to the number of the Cantons, or to their status, are subject to the assent of the rele- vant 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 con- cerned, and to the assent of the Federal Assembly in the form of a federal decree. Article 45 Participation in Federal Decision Making (1)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.

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

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

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

12. Self-determination of individuals as aim of democracy 13. Value of compromise as alternative to the winner takes all democracy 14. Conflict management 44: 1 The Confederation and the Cantons shall support each other in the fulfilment of their duties and shall generally cooperate with each other. 2 They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance. 3 Disputes between Cantons or between Cantons and the Confederation shall wherever possible be resolved by negotiation or mediation. Art. 175 The various regions and language communities must be equitably represented in the Federal Council. Preamble Resolved to renew their alliance so as to strengthen liberty, de- mocracy, independence and peace in a spirit of solidarity and openness towards the world