Thomas FleinerFederalism

As an approach to Conflict Resolution

World Peace AcademyBasel June 16 2010

The example of the Swiss DiversityWith regard to

LanguagesReligion andMunicipalities

French

Italien

German

Austria

Romonsh

Protestant (Dark) 40%

Catholic white 46%

Religion

14 Constitutional to managePeacefully ethnic conflicts and

to hold diversities together

Legitimacy Rule 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 ConfederationThe 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 rightsversus 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 rightsversus the right to be equal

6. Four Dimension of Freedom:From, By, To, Within, the State

7. Liberty and Peace

Article 4 National LanguagesThe National Languages are German,

French, Italian, and Romansh.

Article 18 Freedom of LanguageThe freedom of language is guaranteed.

Art. 70 Par.2In 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 GroupsIn 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 ethnificationof politics

10. Autonomy

11. Enhancing diversity to overcome ethnificationof politics

Article 3 CantonsThe Cantons are sovereign insofar as their sove-reignty is not limited by the Federal Constitution;

Article 2(2) It (Confederation) shall promote…., the internalcohesion and the cultural diversity of the country.

Democracy

12. Self-determination of individualsas aim of democracy

13. Value of compromise as alternative to thewinner takes all democracy

14. Conflict management

12. Self-determination of individualsas aim of democracy

13. Value of compromise as alternative to thewinner 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.

PreambleResolved to renew their alliance so as to strengthen liberty, de-mocracy, independence and peace in a spirit of solidarity and openness towards the world