61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

the decisions made. As far as refugee policy was concerned, the Federal Council’s
decisions were in fact never rejected; on the contrary, the parliamentary
committees which assisted the government by emergency plenary powers were
consulted in advance on important issues – for example the Federal Council’s
Decree of 12 March 1943 concerning accommodation for refugees – in order to
avoid the Federal Council’s being compromised at a later stage. The Swiss
parliament therefore not only approved the basic elements of the Federal
Council’s policy on refugees but in fact helped to shape it.
The cantonal authorities
Under the strongly federalist administrative system prevailing in Switzerland,
the cantons enjoyed a good deal of authority in matters of policy on refugees up
until 1938 in that they issued tolerance permits; between 1938 and 1942 these
powers were gradually ceded to the Federal authorities. At the same time they
had considerable room to manoeuvre in the way in which they implemented
Federal policy. To a certain extent it was the cantonal police authorities who
decided whether refugees should be admitted or turned back at the border, and
they were also responsible for actually deporting refugees. In addition the
cantonal authorities were empowered to issue their own regulations concerning
the stay of refugees in Switzerland. The reduction of the cantonal authorities’
powers was only partly due to Federal measures aimed at centralisation; it also
resulted from the fact that the cantons were unable to agree on a common policy.
This is illustrated by the fact that some cantons which adopted a particularly
restrictive policy after the annexation of Austria, systematically expelled their
refugees to other cantons. Finally in 1942, the majority refused to take in a
greater number of refugees and reluctance to divide the financial burden fairly
among the cantons as well as between the Federal and cantonal authorities was
so strong, that the Federal Council withdrew its proposals in this respect and
decided in March 1942 on the one hand to centralise all powers and, on the
other, to relieve the cantons of all financial obligations.
To what extent did the cantonal authorities share joint responsibility for
national policy on refugees? The minutes of the Conference of the Cantonal
Police Directors provide a clear picture of the varying attitudes among the
cantonal authorities and of the pressure exerted by the majority of them on the
EJPD regarding a restrictive policy. It is true to say that the cantons often
adopted a position only after decisions had been taken in Bern; but they almost
always confirmed the policy adopted by the Federal authorities, which in turn
had an influence on further Federal measures. For example, the cantons
indicated their approval of the decision to close the borders taken on 18 August
1938; after all borders were closed on 13 August 1942, the cantons declared
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