January 2012
Discussions in the Security Policy Committees currently focus on the Dispatch on the Ratification of the Convention on Cluster Munitions and an Amendment to the War Material Act, on military-issue weapons and the acquisition of new fighter jets.
The Convention on Cluster Munitions stipulates a comprehensive ban on the use, development, production, acquisition, transfer and storage of cluster munitions. Switzerland also possesses artillery munitions which would fall under this ban. If the Convention is ratified, Switzerland will have to commit to destroying its stocks of these munitions within eight years and the War Material Act will also need to be revised.
The Council of States unanimously approved these two motions in the 2011 autumn session. The National Council – contrary to the recommendation of the majority of its Security Policy Committee (SPC-N) – approved the motions in the 2011 winter session by 143 votes to 37. A proposal for referral was rejected by 128 votes to 56.
In January 2012 the SPC-N considered in detail the Federal Council decision on the Ratification of the Convention on Cluster Munitions and accepted it by 20 votes to 0 with 5 abstentions. It was convinced by the Federal Council representative’s argument that the future of the artillery will not be jeopardised if the agreement on cluster munitions is approved. The following points in particular speak in favour of the agreement: Firstly, cluster munitions have a high failure rate, which creates a serious humanitarian problem in war zones. Unexploded ordnance can also cause considerable devastation for years after the end of a conflict, particularly among the civilian population, therefore hindering reconstruction attempts in the countries affected. Secondly, destroying these munitions stocks can be justified in view of the changed security situation. Furthermore, the use of cluster munitions in this densely populated country would pose a serious threat to the Swiss population.
In the vote on the entire text, the SPC-N also unanimously approved the amendment to the Federal Act on War Material by 24 votes to 0 with no abstentions. The main point of discussion centred on the ban on financing. The SPC-N decided by 17 votes to 8 with no abstentions to approve the Council of States’ version of art. 8b (new) on a ban on financing. The SPC-N also decided by 16 votes to 9 with no abstentions not to make dolus eventualis in contravening the ban on financing a punishable offence. It therefore supports the Federal Council’s and Council of State’s version of art. 35b (new) paragraphs 2 respectively 3. The SPC-N is in favour of a similar solution to the ban on the financing of terrorism.
The Security Policy Committees are regularly informed by the DDPS about the measures the military has taken since summer 2010 to minimise the risk of misuse of
military-issue weapons. The committees unanimously agreed that everything must be done to prevent the misuse of weapons.
Against this background, the SPC-S submitted a committee motion (11.4047) calling on the Federal Council to work with the Conference of Cantonal Justice and Police Directors (CCJPD) to immediately introduce the necessary measures and, if necessary, legislation allowing the police and prosecution authorities to seize civilian and military weapons in cases involving threats or violence. Cooperation at federal and cantonal level between the military, civilian and judicial authorities should also be improved.
On 23 and 24 January 2012 the SPC-N heard cantonal representatives and the Federal Data Protection and Information Commissioner on this issue. Following a vote in which the result was tied 12 votes to 12 and the president’s casting vote was required, the SPC-N submitted a motion (12.3007) calling on the Federal Council to amend the legislation or take necessary measures so that the armed forces can be promptly and automatically informed about any pending criminal proceedings. This will allow them to assess what needs to be done in good time and to act immediately if required.
The SPC-N also submitted a committee postulate (12.3006), approved by 14 votes to 11, requesting the Federal Council to investigate and report on the following points within six months: 1. How is the information flow on security issues ensured between the prosecution authorities and the armed forces? 2. How can the necessary data exchange be achieved? 3. Are the current legal bases sufficient? 4. How quickly can the cantonal databases be linked? 5. How can an additional penalty (weapons ban) be incorporated into criminal law? With this postulate the committee is requesting the various relevant authorities to explain the processes involved and improve and accelerate them where necessary, so that information can be exchanged more promptly and efficiently.
In the recent autumn session, parliament set out how the armed forces are to develop in the future. It decided to increase military spending to CHF 5 billion from 2014 in order to finance a 100,000-strong armed forces, stock up on necessary military equipment and renovate military property. At the same time, parliament requested the Federal Council to take initial steps towards acquiring new fighter jets. On 30 November 2011 the Federal Council therefore decided to purchase 22 Saab Gripen fighter jets to replace the outdated F-5 Tiger planes. This will be put before parliament as part of the 2012 armament programme. The SPC will discuss the Federal Council dispatches in the third and fourth quarters of 2012.