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The problems with direct democracy

December 1st, 2009, Discussion

There has been much discussion on the recent decision by the Swiss people to ban the construction of new minarets. The principal concern to me is that this was done in the name of The Swiss People who, against the Federal Council’s wishes, used the direct democracy system to rewrite their own constitution.

For those unfamiliar with the Swiss system: any citizen may put forward a “people’s initiative” for universal referendum if they gain over 100,000 supporting signatures in an 18-month period. Most other nationalities buckle in disbelief on hearing this and it certainly does seem like a utopian dream where true people-power is possible. Surely this form of democracy in its truest sense can only be a force for good?

Sadly, to believe this you also have to believe that people are always unemotional, rational, strong-willed and deeply educated in a wide range of abstract topics.

The first weakness is that politically-charged issues are vulnerable to highjacking by extremist groups. It only takes a cleverly-targeted propaganda campaign to quite literally bypass government and international treaties, and access the constitution.

The second weakness, hopefully the one that can be addressed first, is that some Swiss appear to dogmatically cling to their current system of direct democracy as an immutable, unquestionable, force for good—”it’s better to have it sometimes produce results like this, than not to have it at all.”

Being appalled by the minaret result, but not questioning and challenging the system is unfair. It’s time to admit that a) populations can be brainwashed by extremist propaganda, b) despite its noble intentions, direct democracy is very vulnerable to being exploited by extremist groups and c) steps need to be taken now to stop this from happening again.

If you’re still questioning why the system is so vulnerable and unjust, just consider how flawed the logic is that allows an open vote on whether a majority should take away a minority’s human right. In a historically peaceful country like Switzerland—supposedly full of neutral and thoughtful people—this shouldn’t be a problem, right? A reliance on shared cultural beliefs is toxic. When a cultural shift happens, usually via exploitation and propaganda by an extremist organisation, the system collapses.

While the wording of the minaret initiative focused only on the construction of specific architectural towers, the surrounding far-right campaign pitched it as a chance to clamp down on the encroachment of political Islam in Switzerland, which was neither the subject of the vote nor a concern backed up by fact.

So here we have a 95% non-Muslim majority voting on an issue that takes away a fundamental right of a 5% minority—all based on ugly, warped logic.

The Swiss People’s Party—the largest political party in the country—directly stated voting “no” on the minaret ban could eventually lead to the Islamification of Switzerland with all women being forced to wear burkas on the street and endure genital mutilation. Of course the illogical misuse of women’s rights here is made all the more unnerving by the fact that Switzerland only gave women universal suffrage in 1990—another catastrophic example of a majority sytematically suppressing a minority.

In a court-of-law great lengths are taken to stop the decisive jury from being exposed to this sort of scaremongering and bias. But it’s somehow possible to have a nationwide court of 7,400,000 decide the fate of 400,000 people, while their fears are built and played upon with non-factual evidence. I saw many people being interviewed who believed that minarets were allowed to broadcast the call to prayer in Switzerland (they’re not) or had no idea about the size of the perceived ‘threat to their country’ (the majority of Muslims living in Switzerland are from the former Yugoslavia and Turkey, are secular, well integrated into society and do not practise any of the “faith characteristics” the far-right’s campaign was built on.)

As with most things, the integration of different peoples and cultures is a very complicated task, but leaving it up to what is essentially misguided mob rule is a shocking, shocking tragedy. Just as the initiative for building regulations was symbolic for a whole lot more, Switzerland cannot expect their decision to be viewed as an architectural preference alone. They have sent out a clear message that even the well-integrated Muslims in their country are being treated with suspicion and, far more worryingly, they have helped to legitimise the mobilisation of other far-right campaigns in countries like the Netherlands, Denmark and the UK.

57% of the 53% that voted, plus the 47% who didn’t vote at all (I’m sorry, but non-participation when given a vote on human rights issues is deplorable) have set the scene for a nasty turn in European politics.

A population can easily be manipulated into suppressing minorities when given a legal framework to do so, and it’s time to admit that direct democracy on this scale is a prime target for such exploitation. There’s a reason right-wing groups in other countries haven’t had the same success yet on similar initiatives.

There are, of course, still many differences between this situation and the legally legitimate rise of the National Socialist Party that formed Nazi Germany, but a country even putting one foot on that ladder is something that needs to be battled against and quickly stamped out.

The emboldened Swiss People’s Party is now proposing that the country withdraws from its European Human Rights obligations, while they try to tighten the grip on other Muslim customs. I firmly believe that the Swiss people in general do not want this to happen, but refusing to examine how to make direct democracy more robust and immune from highjacking is only going to make things worse. An investigation into the failings of the system should be presented to the international community as quickly as possible.

22 Comments

    Beat Leiser says:

    Dear Blogwriter (Sorry, I don’t know your name)

    Thank you for this most interesting blog. Beeing a swiss and having read your Blog I must leave a comment to put some things right. First of all let me say that I voted against the initiative. So I agree with you that to ban the construction of new minarets by constitution is a step in the wrong direction.

    However there are some topics I strongly disagree with you. You describe the decision of the swiss sovereign (the swiss people) as a “mob rule” of a 8’800’000 Majority against a Minority of 400’000. This statement sadly proves that you have not yet grasped the great achievement of direct democracy. If you lived in a tiny country like switzerland, with four different languages and 3 heavily different cultures, having the same historical background like we swiss have, I am sure you would understand, why we swiss people cling so much onto that system.
    That you got the numbers wrong (the swiss population consists of 7.7 Million People INCLUDING the 400’000 Muslims) is only a detail. What I, as a swiss citizen, strongly oppose is your disrespectful description of the direct democracy, which in my opinion is the best possible political system.
    The swiss people has the last word on every subject the government is taking a decision on and can, as you described correctly, take it’s own initiative by collecting votes of fellow citizens. The law system (at least in Switzerland) is the mirror of the society. The law system is made by the swiss people for the swiss people, so I don’t really see anything wrong when a majority of the society is voting in favor of a new law. You always find a minority opposing on whatever the majority is deciding.
    You are right, when you are saying that people can be influenced by lobbying. But so can politicians. Do you really think whatever the politicians decide in your country is only for the good of yourself and the whole society? Well, I don’t want to take your believe away and I am happy if this works for you. But I, personally, prefer to delegate the daily tasks of law making and decision taking to our politicians but on the same time still having the last word on whatever these guys are deciding. With our system (direct democracy) you make sure that the decision the politicians are taking are for the good of the majority of the society. And again, I cannot see anything wrong in that.

    Then again it can be that the majority of the swiss people are wrong and decide something which is against international human rights. Therefore we have the public international law, which Switzerland accepts as a superior law to the national law. Should this late initiative be against public international law, we’ll have in a couple of years a ruling by an international court saying that Switzerland must change its practice on that matter and the world is in order again.
    That’s why modern society invented the separation of powers, which also, works in funny Switzerland.

    Voltaire (a French author, humanist, rationalist, & satirist of the 18th century) once said: “I disapprove of what you say, but I will defend to the death your right to say it.” This quote puts it quite perfectly and describes exactly how I feel about this decisions made by the swiss sovereign.

    Best regards,

    Beat Leiser

    Hey Beat,

    Thanks for the comments.

    Firstly, thank you for spotting my two mistakes: a) I did indeed mistype the population of Switzerland as being 8,800,000 instead of 7,800,000 (2009 figures according to Wikipedia) and b) yes, I forgot to subtract the Muslim population from that figure! I have updated the blog post now with the correct information.

    Secondly, it is very fair to proclaim the benefits of the Swiss political system as a whole. The democratisation of power is great. My point was never meant to be that the whole of direct democracy is flawed and should be scraped, just rather that it needs protecting against being exploited by fundamentalist groups. If even on this big issue only 53% of the population voted, then results are already skewed. The fact that public international law has to step in every now and again and reverse decisions can not be a good sign? Things that contravene international human rights should never reach the point when they become law for several years and garner the kind of international press that this case has.

    Of course it is also true that leaving everything up to the politicians except voting for a political party once every x number of years is also open to huge abuse. I am British and deeply ashamed of the mess that my country’s political system is in right now and the limited choice I’m going to have as a voter at the next general election.

    As for understanding the culture and history of Switzerland, I live in Zürich (although have no voting rights as I am not a Swiss citizen) and so I have a big interest in figuring out the mentality of the country.

    This is why I’m shocked by the result and am trying to figure out the rational reasons for why it happened. I don’t really believe that 57% of Swiss people would vote for adding a line to the Swiss constitution that directly contravenes itself and also international law, without being misled and duped into it. If I thought they did, I’d be leaving very quickly.

    I don’t blame the Swiss people in general, but therefore my conclusion has to be that the “people’s initiative” system, while also a great example of political engagement for the people, can in some situations be hijacked by groups with serious agendas. That seems to have been the case in this campaign.

    Fred says:

    As a Swiss who voted against said initiative, I’m nonetheless shocked about the negative intl. reaction to the results, that even question the superiority of direct democracy compared to any other form of political system. Let’s all cool down a bit and analyze things in half a year again. I bet people will be much more reasonable than now. Bregards Fred

    Amazing, thanks Fred. There’s nothing better than writing a blog post questioning why the Swiss won’t scrutinise their political system in light of the worldwide outrage over the minaret decision, only to receive a reply saying lets all shut our eyes, calm down and not question anything. Onwards! Upwards! Whose human rights can we marginalise next?

    Dan says:

    Winston Churchill once said “Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.”

    Anibal says:

    Totally agree with Russel.

    Is this one of those cases that “everybody” voted against but then suddenly it won? (irony here to say that most of the people that voted in favour won’t stand out publicly for their vote).

    47% of non-voters is outrageous on such a law. If there is such a law being voted either:
    1) these non-voters should make the referendum non-valid since constitutional changes should be made around the voice of the majority (not around the voice of the silent)
    2) or instead, everybody should vote (with whatever measure they can use to democratically assure that).

    Constitution in your parliament is changed with large majorities right? Why shit it to the voice of the people, if the voice of the people wont decide in majority?

    Disclaimer: I do think that allowing normal people to trigger referendums is awesome, and wish my country had that.

    Beat Leiser says:

    Dear Anibal

    Thanks for contradicting yourself. See, that’s exactly the point. There is no perfect system, but direct democracy comes quite close.

    Best regards,

    Beat

    Beat, It was never about ranking systems or saying that the Swiss one was terrible—it clearly isn’t—but rather that it’s hard to figure out ways to strengthen it when there are attitudes such as yours. Being an “almost perfect” system isn’t a reason not to have an open discussion about why abhorrent decisions such as the minaret one made it through. The way many Swiss cling to it without questioning how it can be improved is what I’m faced with every time I try and bring it up.

    Beat Leiser says:

    Russell, I am curious what improvements you have in mind.
    Tell’em, I’ll be reading.

    There are e.g. voices, demanding a commitee or something similar who decides on what subjects the people are allowed to vote on.
    If you believe that the mass of the people is easyier “to hijack” than politicians are prone to corruption, then this makes sense. I believe the opposite.

    Aha, OK, I guess that’s partly it. While I don’t think it makes sense comparing how easy it is to hijack a population’s opinion vs politicians being prone to corruption (they’re just two ways that things can go wrong), my view is that direct democracy is susceptible to the former.

    Secondly I believe that over controversial, emotional issues, strong marketing *can* easily sway over enough of a population to get something passed. When powerful lobbyists apply their pressure, money and propaganda than a nation is of course as susceptible as it is to MacDonald’s adverts or cheap credit.

    I would propose a good starting point is tighter control of advertising around political referendums, such that awareness that the referendum is happening is fine, but they must be politically neutral. In general political parties do a good job of offering differing views, which people may then choose to agree or disagree with, but it’s always easier to promote a radical view than it is to defend it.

    Arthur Probsthain says:

    Dear Sirs,
    On the same ballot, one was able to vote if Switzerland should completely divest itself of its weapons industry, ie to forbid by constitutional amendment the export (and, by inference, the manufacture) of swiss weapons systems (oerlikon, sig sauer etc) to other countries. I find it amazingly wonderful that a people should be allowed to vote on such issues.

    Sean says:

    Interesting post. I heard about this a while back but nothing from in inside perspective. Good reading the discussion in the comments.

    al loomis says:

    people who have an emotional or political aversion to democracy invariably argue that the electorate is unstable and uninformed, and so bad decisions are taken.

    they never seem to grasp that many more bad decisions are made by politicians acting in secret for their own career advancement, or for the people whose money supports their campaigns.

    the point is not that democracy is perfect, but rather merely that it is the best we humans can do.

    switzerland is a frail example, small and unique. still, they have a better record than any other country in just about any field you can name.

    > they have a better record than any other country in just about any field you can name.

    Can you start with these?

    * Women’s rights,
    * Fuelling racism with overblown propaganda,
    * Encroaching on religious freedoms,
    * Pandering to the rich,
    * Shielding tax avoiders.

    I’m not suggesting Switzerland is the worst in any of these categories, but your comment is kind of ridiculous.

    Also, are you even aware that the Swiss people just voted—via direct democracy—to kick criminal immigrants out of the country. Citizenship laws mean that second, even third-generation immigrants are still *not Swiss*, meaning they can be convicted, imprisoned in Switzerland and then kicked out to a country neither they nor their parents have even visited.

    The whole “yes” campaign was fuelled by ugly, racist propaganda with an extremely weak “no” campaign by an almost non-existant left/centre. People who I speak to don’t agree with the result, but just accept the situation as another incremental slide in Swiss politics. There is no real passionate opposition to this.

    My original post is as meaningful as ever. The Swiss people are being manipulated and scared into taking away human rights by powerful and rich politicians and it’s all being made “legitimate” because it’s going through the channel of Direct Democracy. And still, people refuse to question anything.

    Beat says:

    Hey Russel, please stop picturing again and again the swiss people as a mass of dumb alpine farmers only doing what some stupid adverts are telling them to do.
    The reason why the swiss people (sadly) accepted this late initiative was because our politicians have neglected for far too long to deal with the problem of alien criminality. The swiss have lost faith in their law system. That’s the main reason for the outcoming of last weeks vote.
    And then, let me ask you: what’s wrong with kicking out illegal immigrants? There is no such thing as a human right for staying in a given country, more so when you are not willing to follow the rules of the host society. Why wasting ressources on people who are willingly harming the same society who gives them a secure place to live, job opportunities, education, social security, you name it?

    May I remind you that this practice has not been invented by the swiss. It is already in place in France, Germany, Austria, Italy, Sweden, Holland, etc…

    So, the fact that the swiss constitution allows to deport foreigners who were ruled guilty of a majour fellony (not for a minour deed) is in line with most of EU countries. That’s not the problem here.
    The real problem is that there is no restriction of commensurability, meaning that for the decision to deport a person or not, the judge is not taking into account the personal situation of the convict. This is against the common practice of the swiss law system and any other modern rule of law.
    That’s the reason why I voted against the initiative and for the proposed solution of the swiss parliament, which would have allowed to deport a foreigner convicted for a crime (sentenced to more than 18 monts of prison) after having taken into account his personal situation and the situation of the place where he is deported.

    Sadly the swiss people decided otherwise. That’s sad but no reason to crap our political system. Let’s first see how the initiative is written into the consitution. I’m sure some changes will be made taking into account the bilateral treaties Switzerland has with the EU. If not there is still the possibility to go to the european court of human rights in Strassbourg. If the court finds that this late decision by the swiss souvereing is against the ECHR, Switzerland will be forced to change its constitution.
    Again, that’s why we have the separation of powers.

    Best regards,

    Beat

    Beat says:

    Forgot something: Russel, foll0wing your line of argumentation, he abolition of the direct democracy and the implementing of an indirect one would just make things worse. You wrote: “The Swiss people are being manipulated and scared into taking away human rights by powerful and rich politicians().” So imagine a indirect democracy. Wouldn’t then the same powerful and rich politicans sit in the parliament and decide whatever they want, now just without asking the people?
    Give it a thought.

    Last thing: I totally gree with al loomis. The number of bad decision by politicans exeed by far the number of bad decisions by the people. Saying that, I’m happy to live in a country where the people have the last saying on whatever the politicians decide. Even when they sometimes get it wrong.

    Hey Beat,

    > Please stop picturing again and again the swiss people as a mass of dumb alpine farmers only doing what some stupid adverts are telling them to do.

    That’s not how I view the Swiss at all, Beat. But propaganda/advertising-in-general works by mass manipulation of people. If there are blanket, money-driven campaigns telling you that smoking is great, with no real counter argument, then that’s what everyone ends up thinking.

    > Why wasting ressources on people who are willingly harming the same society who gives them a secure place to live, job opportunities, education, social security, you name it?

    From various videos I saw of people being interviewed on the street, they also made the same argument. Specifically, many of them stated that Switzerland shouldn’t have to pay for their prison time, but the people are deported *after* they have served time in a Swiss prison, right?

    > There is no such thing as a human right for staying in a given country,

    The problems are with successive-generations of immigrants, because they are not given citizenship, no? You later say that the European Court of Human Rights may overturn it, which is one definition of “human rights.”

    > Ruled guilty of a majour fellony (not for a minour deed)

    The US passed the same law too (although tempered somewhat by the automatic citizenship of anyone born in the US) and it originally started off with “major” crimes, but that benchmark is being lowered all of the time. Gradual creep is adding more and more crimes to the list.

    The real problem is not with this one initiative, but with the SVP’s whole agenda. The result of this recent campaign is that people have had their beliefs that immigrants are criminals reinforced, they’ve had their beliefs of what a real Swiss person is reinforced (Ivan, no matter how long he and his family have been here will never _really_ be one of us), etc. This is all building for the next SVP-driven initiative, which I believe they are already drawing up.

    The whole point of my original post was not to say that Switzerland is terrible, nor that direct democracy is terrible, but to lament the fact that it seems to be outside of the question to ever question the system—that even amongst people who are disgusted by these recent outcomes, there is a dogmatic love of the system.

    It’s true that there has been a recent rise of the far-right across the whole of Europe, but at least there is also a response from the left/centre who are angry with the political system of their country. Switzerland seems to accept everything because they believe that the decision has been reached in the best way possible, and I’m saying that this belief is what opens it up to exploitation.

    Let’s look at this example:

    A group of people are kept in a room and told that red things are the best, because red things mean love and warmth. They are aggressively told this with proven advertising-industry-methods and political spin. Later they are asked to eliminate one colour from their worlds: red or green, and that their choice, as the people, will be upheld. The people have been misled (let’s say that red and green really have the same properties,) but because they believe they all had a free choice, the losers in the argument are less likely to complain. They may not believe in the result, but they believe the decision was reached fairly and are willing to respect the verdict without fuss.

    In a system, where a third-party takes responsibility for that enforcing that decision and doesn’t tell the people that it was their direct choice, the people who do not agree with it are more likely to stage a counter-campaign against it. A lot of how other forms of democracy work are two sides battling out their views, no?

    Direct democracy is, of course, far from being a terrible system. In most cases it seems really great, I’m sure it’s had a lot more positive effect than negative over history, but Switzerland seems to be an anomaly to me where people who do not agree with things their country are doing, are not furious at the system, because it is inherently built-in that they can’t be.

    The fact that it is perceived that the people have a free and completely educated choice over initiative issues *is* open to exploitation and I think it’s clear that SVP is exploiting that situation to validate their agenda. I just wish that it was possible to have a debate about that, without reactionary defending of direct democracy.

    This was never an attack specifically aimed at Switzerland because I think it’s the worst country in the world—that’s far, far from the truth—nor because I believe direct democracy is completely flawed—also not true—it was made because I lived in the country for two-and-a-half-years and I was shocked/amazed about lots of things and philosophically looking for reasons why this might be.

    This one blog post continues to get more and more traffic as time goes by—it seems to be the third hit on Google.com for ‘Direct Democracy’ now, which is just bizarre—and there has been a big visitor spike in the last week when the world’s press reported on the recent Swiss foreigner initiate, and the the comments have opened up once again.

    To be clear: this isn’t a big on-going agenda that I have against Switzerland. It was one post made, when I was stunned/shocked/upset at how the minaret initiative could pass in the country I was living in. It’s not based on any academic research or grounded in well-studied fact, it’s a philosophical, observational rambling on an outsider’s view of why it might have happened.

    Beat: I would be interested to hear your views on how to get a more balanced discussion around heated issues during people’s initiative campaigns. How would you try to reinvigorate the Swiss left?

    al loomis says:

    the swiss were slow to give women the vote, even slower than the usa. not their finest hour, but if we consider swiss record on women’s rights against jim crow, and america’s slavish submission to corporations, their recent token laws against minarets against the assassination of doctors providing abortions, their recent demand that convicted criminals be denied residence against america’s recent discovery of latino labor and attempts to deport people who have been useful residents for many years, i will re-iterate, the swiss are not perfect, but average better than others, notably the usa.

    Al,

    Firstly, there really is no use in comparing political high and low points of different countries in such an ad-hoc way (especially such radically different ones.) Secondly, being an apologist for something bad because worse things have happened is falling into a naive logic trap (“If we can’t build Christian churches in Islamic countries, then why should we let them…blah blah blah.”)

    Finally:

    The thing that I was attacking in this blog post is the fact that it’s hard to have a debate on Swiss political situations like the minaret referendum because people dogmatically believe the system is the best and always true. This opens the process up to exploitation by political groups, because people are less skeptical about it.

    It really doesn’t matter if Switzerland were the best country in the world at absolutely everything, it can still be better and the population should still scrutinise itself.

    Almost all of the comments on this thread just add weight to what I believe my original argument to be. Maybe I just wrote the post badly.

    Dolan says:

    Oh! people voted for something I disagree with! the system must be broken!… how arrogant. Democracy means the will of the majority wins out. The fact that some people fall to ‘brain-washing’ or ‘propaganda’ to vote one way or another is immaterial to the process of democracy, that kind of thing can only be dealt with by peoples own general wits and information. To assume that the population in general falls to brain-washing by a small group because the result of the vote is not what you personally agree with is ludicrous.

    Dolan,

    What you say is, of course, generally true, but this would seem to be a special case don’t you think? A case of a majority being given the chance to vote to take away a human right of a minority—it’s not your typical democratic fare. Many world leaders and human rights organisations also condemned the result and were puzzled by it. Yet, as far as I’m aware, there isn’t much interest in having a national discussion in Switzerland on the matter.

    Thomas Hammarberg, Council of Europe Commissioner for Human Rights, has only recently commented on how a recent developments in a few EU countries (and Switzerland) are helping to legitimise and mainstream Islamophobia. (http://www.todayszaman.com/news-235938-some-eu-governments-consent-helps-rise-of-islamophobia.html)

    To assume that democracy is infallible and therefore can never be discussed or scrutinised is really dangerous, as is to assume that democratic processes have never been abused by powerful and/or rich organisations. Do you really believe that propaganda is immaterial to democracy? When mass-media broadcasts factually wrong information and magazines (funded by the party who are behind the initiative) print tabloid-style hysteria about immigrants, while the underfunded opposing voice is confined to a few badly-designed posters.

    Whether direct democracy can work when 47% of the population do not vote is yet another matter.

    Anyway, the point of my post was that it’s impossible to have a conversation about the process because of dogmatic, reactionary beliefs. This comment thread has not changed my mind on that one bit.

    I am closing comments now. If anyone wants to continue the discussion, please email me (link at the top of this page.) Just try and read through everything first.