In the November referendums Swiss voters rejected initiatives aiming at a legalisation of cannabis, at a flexibilisation of the pension age and at restricting the right of appeal of associations against construction projects. They accepted the revision of the federal statute on narcotics and, as a surprise result, the elimination of the statute of limitations with respect to pornographic crimes against children.
Elimination of the statute of limitations with respect to pornographic crimes against children The initiative "for the elimination of the statute of limitations with respect to pornographic crimes against children" (, ) provided for an amendment to the
Swiss Federal Constitution, introducing a new article 123b stating that "the prosecution of sexual or pornographic infractions against prepubescent children, as well as the penalty for such infractions, are not subject to the
statute of limitations". The initiative was submitted on 1 March 2006 by "
Marche Blanche", an association of victims of
child sexual abuse and their relatives, with 119,375 valid signatures. The proponents of the initiative argued that victims of
pedophilia often take a long time to become old enough and muster the courage to bring the perpetrators, who are often members of their immediate family, to justice. Therefore, according to the proponents, the statute of limitations often has the effect of preventing the effective prosecution of child sexual abuse. The
Swiss Federal Council and the
Swiss Federal Assembly recommended that the initiative be rejected. The
National Council opposed the initiative with 163 against 19 votes, the
Council of States unanimously. All
political parties in Switzerland with the exception of the
Swiss People's Party and the
Federal Democratic Union also opposed the initiative. The federal authorities argued that the initiative was vaguely phrased, making reference to the
puberty of children, a developmental phase often difficult to exactly pinpoint in time and varying among children. They noted that the statute of limitations was necessary to prevent useless prosecutions, because after dozens of years the testimony of witnesses was often not reliable enough to secure a conviction. In the opinion of the federal authorities, imprescriptibility should remain reserved for crimes of exceptional gravity such as
genocide and
terrorist acts. Finally, the federal authorities argued that a previous change in law had already accomplished much of what the proponents desired, fixing the period of prescription at 15 years starting with the 18th birthday of the victim.
Legalisation of the personal consumption and production of cannabis The initiative "for a sensible
cannabis policy with effective protection of the youth" (, ) provided for an amendment to the Federal Constitution. It would have introduced a new article 105b declaring the consumption, purchase and production of cannabis for personal use to be legal, while charging the federal authorities with ensuring an adequate protection of the Swiss youth. The initiative was submitted on 13 January 2006 by a committee of left-wing and liberal politicians with 105,994 valid signatures. The proponents of the initiative argued that the prohibition of cannabis was ineffective, as attested by some 600,000 consumers of the drug in Switzerland, and should be lifted. The
Swiss Federal Council and the
Swiss Federal Assembly recommended that the initiative be rejected. The
National Council opposed the initiative with 111 against 73 votes, the
Council of States with 19 against 18. Among the political parties in Switzerland, only the liberal and left-wing parties and the youth wing of the
Free Democratic Party of Switzerland supported the initiative.
Revision of the federal statute on narcotics : prevention, treatment,
harm reduction and repression. The revision of the federal statute on narcotics (, ) was adopted on 20 March 2008 by the
Swiss Federal Assembly, with the National Council passing the law by 114 to 68 votes and the Council of States unanimously.
Restriction of the right of associations to appeal against building projects The initiative for the restriction of the right of associations to appeal against building projects (, ) provided for an amendment to the Federal Constitution. It would have introduced a new article 30a, which would have removed the
standing of environmental organizations to take legal action against construction projects approved by popular vote or by a federal, cantonal or municipal legislature.
Flexible state pension age The initiative "for a flexible state pension age" (, ) provided for an amendment to the Federal Constitution. It would have introduced a new article art. 112 par. 2 littera e, which would have allowed most people to retire without the loss of state benefits at the age of 62 instead of at the age of 65 for men or 64 for women. ==References==