A proposal to ban the construction of new minarets was approved by 57.5% of Swiss voters who voted in a referendum on 29 November. Only four of the twenty six Swiss cantons opposed the ban and the high turnout of 53% and result came as a surprise to commentators. The result of the referendum came despite strong opposition to the ban from numerous bodies. The Swiss national president, the mainstream political parties, government, the churches, newspapers and powerful business groups all opposed the proposed ban; arguing that it violates the right of freedom of religion and incites hostility towards Muslims.

This referendum was instigated by the Swiss People’s Party (SVP) and ultraconservative groups, and was set into motion when almost 115,000 citizens signed a people’s initiative in favour of the ban. This was handed to the Swiss parliament last year and was enough to force a federal initiative under the Swiss constitutional system. A government statement said ‘The federal council respects this decision’ and ‘the construction of new minarets in Switzerland is no longer permitted’. The article of the Swiss constitution regulating relations between the state and religion will be amended to include the statement: ‘The construction of minarets is forbidden’.

The campaign to ban minarets was described by the country’s justice minister as a “proxy war” for drumming up conflict between ethnic Swiss and Muslim immigrants. Although the Swiss Federal Council is bound by the outcome, it may be overturned by the Swiss Supreme Court or the Council of Europe’s European Court of Human Rights in Strasbourg. There is a likely test case for the ban; the pending planning permission for the construction of a minaret in Langenthal, a canton of Berne. The Muslim community in Langenthal intends to take their case to the Federal Supreme Court and, possibly, further to the Strasbourg Court.

Ulrich Schlüer, the SVP MP who led the ban campaign, pointed out that the European Court of Rights had recently ruled against permitting crucifixes in classrooms of Italian schools. “It now appears that Christian towns are not supposed to use Christian symbols,” he said. “But we’re supposed to have Muslim symbols.” The SVP has insisted that going to the Strasbourg court would breach the popular sovereignty that underpins the Swiss democratic model and tradition. The SVP has roundly dismissed arguments of freedom of religion, asserting that minarets are a political and not a religious symbol. It expressed concern that allowing the construction of new minarets would be the start of a process bringing Sharia law into Switzerland, with forced marriages, ‘honour’ killings, female genital mutilation and the oppression of women.

The result looks likely to cause tension, adversely affect Switzerland’s investment and trade with the Muslim world and damaging the country’s image abroad. According to Muslim and Berne University academic Farhad Afshar, Muslims are well-integrated into Swiss society and ‘The result is unworthy of Switzerland’s tradition and history’. The result of the referendum has already subjected the Swiss government to criticism from foreign governments and human rights organisations across the world. The Council of Europe has questioned whether the fundamental rights of individuals, protected by international treaties, should be subject to popular votes. The Swiss Green Party has already put forward a proposal making popular initiatives invalid if they violate fundamental rights. The verdict raises concerns about direct democracy, which is an almost sacred institution in Switzerland, a country in which both federal and cantonal initiatives are very common.