Switzerland rejects ban on Nazi symbols and salutes

Switzerland’s Federal Council said on Wednesday that it would not act on a growing campaign to ban Nazi symbols and salutes. 

While acknowledging that the symbols can be “shocking and stressful” to some, the focus should be on preventing people using those symbols rather than criminalising their use. 

The Federal Council also reaffirmed the position of the Swiss Supreme Court, which held that objectionable and difficult views were protected by free speech, even if they were untenable for some people. 

In a statement, the Federal Council said “the public use of racist symbols without propaganda purposes can only indirectly affect human dignity and public peace" and therefore did not warrant a ban.

What is the legal position in Switzerland? 

Unlike in many other parts of Europe, the use of Nazi symbols such as swastikas and salutes, is not banned in Switzerland. 

Such actions are banned in Poland - where such symbols and salutes are deemed to be “spreading Nazi propaganda” - and much of Europe, including Germany and Austria. 

In Switzerland however such actions only receive legal sanction if they are deemed to be publicly promoting racist ideology.

What are people saying about the decision? 

Jewish groups have been critical of the decision, saying it was an opportunity for Switzerland to combat what they see as rising antisemitism and extremism here and abroad. 

Swiss Federation of Israelite Communities (SIG) said while the misuse of Nazi symbolism has been a consistent issue, the situation has become comparatively urgent in recent times. 

"Recently, however, especially in connection with Holocaust comparisons and the corona pandemic, we have reached a new peak,” a spokesperson told 20 Minutes. 

“We cannot understand why the Federal Council wants to be on the outside here”

Opponents to Covid measures have frequently made direct comparisons between the treatment of Jews and other minorities during the holocaust and restrictions such as the Covid certificate and other restrictions targeted at reducing the spread of the virus.

The SIG also said a focus on prevention was unlikely to be effective against extremists. 

"It would be naïve to believe that awareness training would help here."

What happens now? 

While the Federal Council’s decision will stand for now, one avenue for advocates of a ban is to push for change via Swiss parliament. 

The SIG said the measure would win widespread support in Swiss parliament.

National Councilor Thomas Burgherr, from the right-wing Swiss People’s Party, agrees. 

"There is zero tolerance for swastikas and such symbols - such tendencies must be nipped in the bud."

Marianne Binder-Keller, from centrist party Die Mitte, also supported the move. 

Swiss parliament will next convene in spring at the earliest.