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In Switzerland, the federal popular initiative "against mass immigration" (, , ) was a referendum that aimed to limit immigration through quotas, Initiative populaire fédérale « contre l'immigration de masse », admin.ch (page visited on 9 February 2014). as it had been prior to the bilateral treaties between Switzerland and the European Union (EU) launched in 2002.
The popular initiative was launched by the national conservative Swiss People's Party and was accepted by a majority of the electorate (50.3%, a difference of 19,526 votes) and a majority of the cantons (14.5 out of 23; 12 of 20 full cantons plus five of six half cantons) on 9 February 2014. This initiative was mostly backed by rural parts (57.6% approvals) of Switzerland as well as by a strong majority (69.2% approvals) in the Italian-speaking canton of Ticino, while metropolitan centres (58.5% rejection) and the French-speaking part (58.5% rejection) of Switzerland rejected it.
Swiss-EU bilateral treaties on single market participation are all co-dependent; if one is terminated, then all are terminated. Consequently, should Switzerland choose unilaterally to cancel the free movement agreement, then all its single market agreements with the EU will lapse unless a compromise is found.EU tells Swiss no single market access if no free movement of citizens The Guardian, 3 July 2016 On 22 December 2016, Switzerland and the EU concluded an agreement that a new Swiss law (in response to the referendum) may require Swiss employers to give priority to Swiss-based job seekers (Swiss nationals and foreigners registered in Swiss job agencies) but does not limit the free movement of EU workers to Switzerland.EU and Switzerland agree on free movementeuobserver, 22 December 2016
Context
As of 2014, 23.4% of Switzerland's population were foreigners (9% in Germany). The net immigration was 80,000 people per year, 1% of the total population (three times more than e.g. in Germany, four times more than in the United States). Every year 30,000 to 40,000 received Swiss nationality (this represented a per capita rate of about three times that of both Germany and the United States).Acquisition of Swiss citizenship , last 5 years, Swiss Federal Statistics Office. Retrieved 14 February 2014.Schweizer gegen Zuwanderung: Europas mutigste Demokraten, Der Spiegel, 11 February 2014.Naturalization Fact Sheet, United States Citizenship and Immigration Services, 2012-10-24. According to the European Commission about 1 million EU citizens lived in Switzerland and another 230,000 crossed the border daily for work, while 430,000 Swiss lived in the EU.
Immigrant workers made up a large part of the Swiss workforce in several industries. Scienceindustries, the Swiss association of chemical, pharma, and biotech businesses, emphasized that they relied on highly qualified workers from outside Switzerland to keep an edge over their competitors, and that 45% out of 67,000 people that its member companies employed in Switzerland were from abroad.
In 2002, the Swiss People's Party launched a federal popular initiative "against asylum abuse" that was rejected by 50.1% of voters (with a difference of 4,208 votes). "Un résultat plus serré qu'en 1992 pour l'EEE", Le Temps, p. 4, Monday 10 February 2014. In 2009, the referendum on biometric passports required by the Schengen Agreement was also accepted by 50.1% of voters (with a difference of 5,680 votes).
More recently, the Swiss People's Party had successfully launched federal popular initiatives "against the construction of minarets" (2009, 57.5%) and "for the expulsion of criminal foreigners" (2010, 52.3%).
Proposal The initiative "against mass immigration" proposed the following changes, under article 121a of the Swiss Federal Constitution:
Switzerland independently controls the immigration of foreigners. The number of residence permits for foreigners in Switzerland shall be limited by annual maximums and quotas. The maximums apply to all permits of immigration law including the asylum system. Claims to permanent residence, family reunification, and social benefits can be restricted. The annual maximums and quotas for employed foreigners shall be set according to the overall economic interests of Switzerland with priority for Swiss nationals; cross-border commuters shall be included. The deciding factors for the granting of residence permits shall especially be the request of an employer, the ability to integration, and a sufficient, independent livelihood. No international treaties that infringe on this article may be concluded. The law shall regulate the details. In addition, the initiative added the following transition provisions under article 197 number 11 of the Federal Constitution:
International treaties that contradict article 121a shall be renegotiated and adjusted within three years of their adoption by the people and the cantons. If the legislation to implement article 121a has not entered into force three years after its adoption by the people and the cantons, the Federal Council shall at that point issue ordinances for temporary implementation.
The Federal Assembly recommended against the adoption of the initiative on 27 September, 2013.
Results
+ Detailed results of the vote on the federal popular initiative "against mass immigration" on 9 February 2014 Tableau récapitulatif de la votation numéro 580 du 9 février 2014, Federal Chancellery of Switzerland (page visited on 14 February 2015). Category Absolute number Proportion of total Proportion of received Proportion of valid and blank Proportion of valid Voters 5,211,426 100% - - - Ballot papers received 2,948,156 56.57% 100% - - Invalid 8,656 0.17% 0.29% - - Blank votes 31,094 0.60% 1.05% 1.06% - Valid votes 2,908,406 55.81% (yes and no) 98.65% (yes and no) 98.94% (yes and no) 100% Yes 1,463,854 28.09% 49.65% 49.80% 50.33% No 1,444,552 27.72% 49.00% 49.14% 49.67%
Reception
National reactions After the acceptance of the federal popular initiative "against mass immigration", views varied widely as to why the initiative was successful at the polls, and how it might actually be implemented.“Comments on Feb 9 Immigration Initiative: A sampling of excerpted reactions and analyses,” Migration as a travel business To some observers, the situation was reminiscent of the referendum held on 6 December 1992, when 50.3% of the Swiss people voted against joining the European Economic Area. Un nouveau dimanche noir, www.letemps.ch, 9 February 2014 (page visited on 9 February 2014).
The Swiss People's Party, which was the main proponent of the initiative, celebrated the referendum outcome as a major victory. The party's head Toni Brunner stated: "This is a sea change in Switzerland's migration policy. It is clear that immigration will have to be massively restricted.""Swiss voters narrowly back referendum curbing immigration", Deutsche Welle, 9 February 2014 (page visited on 10 February 2014).
Some commentators fear a slowdown in economic activity due to the enforcement of the initiative. Business and industry groups were opposed to the initiative during the campaign and expressed concern about the measure's impact on their ability to attract and retain top talent from abroad.Swiss Vote to Curb Immigration in Referendum, Bloomberg L.P., 9 February 2014 (page visited on 9 February 2014). The Swiss Bankers Association expressed disappointment and concern at the result, saying: "We urgently need to hold constructive talks with the EU to explain our position"."Swiss voters back limit on immigration", The Washington Post, 9 February 2014 (page visited on 9 February 2014).
Although all governing parties except the Swiss People's Party opposed the initiative, the Federal Council (the Swiss government) announced that it would promptly start implementing the new constitutional provisions and would set to work on re-introducing immigration quotas "without delay"."Swiss agree to curb immigration and rethink EU deal" , Swissinfo.ch, 9 February 2014 (page visited on 9 February 2014). The acceptance of the initiative binds the Swiss government to renegotiate the entire EU labor market agreements with the EU within three years; the current treaties stay in force in the meantime.
European Union reactions The European Commission issued a statement saying that it was "disappointed" in the Swiss referendum on immigration restriction result but would wait to study how exactly the outcome of the referendum affects the relations between Switzerland and the European Union.Swiss Voters Narrowly Approve Curbs on Immigration, The New York Times, 9 February 2014. Retrieved 9 February 2014. European Commission vice-president Viviane Reding stated that the result of the referendum could jeopardise Switzerland's access to the European single market, saying "The single market is not Swiss cheese."Swiss access to EU market under threat after immigration vote, Financial Times, 9 February 2014 (page visited on 12 February 2014).
, negotiations had not led to any change in the EU's position that access to the European Single Market is inextricably linked to the principle of free movement of people.
Consequences Following protracted discussions between Switzerland and the EU, the Swiss government largely climbed down from the initial referendum proposals, adopting instead a "light national preference" to implement the referendum.Immigration: the unfinished cacophony, Le Temps, 21 September 2016 This outcome was decried as a failure to properly implement the referendum by the Swiss SVP party (which had promoted the referendum) as it fails to put any curbs on immigration. Its leaders are considering a new referendum. Martullo-Blocher threatens with referendum against MEI implementation, Tages Anzeiger, 27 November 2016
Their climbdown was largely due to the EU's unwavering negotiating tactic, as it was prepared to put at stake all existing collaborations between Switzerland and the European Union, such as:«Ich sehe ein weiteres Abkommen gefährdet», Tages Anzeiger, 11 February 2014. Registration, Evaluation, Authorisation and Restriction of Chemicals participation in education programs (e.g. Lifelong Learning Programme 2007–2013) participation in research programs (e.g. Framework Programmes for Research and Technological Development)
Education and research In a statement to HINA, EU Commission spokesperson Joe Hennon said that the vote would influence the next round of talks for Swiss inclusion in Horizon 2020 and Erasmus+. The talks were about programmes which could be applied for in 2014. For the academic year 2011/2012, 2,612 Swiss students went abroad, at the same time 2,673 foreign students came to Switzerland with the Erasmus program. Erasmus ade?, 2014-02-11. Under the Seventh Framework Programme, the predecessor to Horizon 2020, more than one in four Swiss research proposals were funded in a total of 3,000 projects, which was the fourth highest success rate on average. Swiss researchers secured €1.27 billion in EU funding between 2007 and 2012, including about €356 million in coveted basic research grants from the European Research Council. According to the "Innovation Union Scoreboard 2013" Switzerland was the overall innovation leader before Sweden, Germany, Denmark and Finland. It continuously outperformed the EU27 countries.Innovation Union Scoreboard 2013, European Commission. By 26 February 2014, the EU announced that, at least for 2014, Switzerland's status in Horizon2020 would be downgraded from an associated to third-country and that Swiss-based scientists could not apply for ERC grants.
The referendum did not impact CERN's recruitment as it is an international organisation and does not need Swiss work permits.
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