Government Policy and the Nonprofit Sector: Switzerland - VMI

More documents

Recommendations

Info

Nollert and Budowski Government Policy and the Nonprofit Sector: Switzerland The Swiss Parliament itself may also recommend an administrative consultation 35 . In this case it is either the government department or the parliamentary commission responsible for the issue that is in charge of seeing the process through to its conclusion. If accuracy regarding contents, possibility of successful implementation and social acceptance on a rather unimportant issue need to be verified, a hearing takes place. A government department, office or administrative commission is the party responsible for opening the consultation procedure. If the consequences of such an issue are considered minor, fewer people are addressed and the procedural formalities are more limited. A further peculiarity of the Swiss political system is the so‐called Federation Complaint Right, which was incorporated into Federal Nature and Homeland Protection Law 36 in 1966, into the Environmental Protection Law 37 of 1983, and into the Federal Law on Walking and Hiking Trails Act 38 of 1985. The law allows national environmental associations that are at least ten years old to instigate investigations by the authorities into projects that have an environmental impact, such as applications for deforestation or for construction outside zoned areas, for rural land improvements, as well as other governmental tasks. Despite the weight of direct democratic devices in the Swiss political agenda, it is worth noting that these devices, particularly the initiative, have little chance of success at popular vote. So far, both Swiss citizens and cantons have voted against nine out of ten Swiss citizens’ initiatives. In short, since the initiative has existed (as a device in the constitution since 1891), only 15 out of 162 have been accepted. Referenda by contrast are much more successful. Of the 161 facultative referenda to date, 88 have been accepted. The poor success rate of initiatives is often due to settlement between the legislator and the originator or even the result of a counter‐ proposal. In addition, it is much more costly to create a legislation requiring 100,000 signatures than to organize 50,000 signatures rejecting the introduction of new law. Hence, affluent NPOs or even entrepreneurs launch initiatives most often. In contrast, even small NPOs can realize a successful referendum. Since 1987, the possibility of a “double yes” vote exists; this means that there can be a vote for both the initiative and the counter‐proposal. In such cases a tie‐break question is used to decide which of the two texts will go forward. In the past ten years only the following five “public initiatives” 39 have been accepted: • Initiative for “genetically modified free crops” 40 Effective on 27/11/2005 • Initiative for “lifelong incarceration of untreatable and extremely dangerous sexual and violent criminals” 41 Effective on 8/2/2004 • Initiative for “membership of Switzerland in the United Nations (UN)” 42 Effective on 3/3/2002 35 Vernehmlassung 36 Bundesgesetz über den Natur‐ und Heimatschutz 37 Umweltschutzgesetz 38 Bundesgesetz über Fuss‐ und Wanderwege 39 Volksinitiative 40 Initiative für Nahrungsmittel aus gentechnikfreier Landwirtschaft 41 Initiative für die lebenslange Verwahrung für nicht therapierbare, extrem gefährliche Sexual‐ und Gewaltstraftäter 42 Initiative für den Beitritt der Schweiz zur Organisation der Vereinten Nationen (UNO) 16
Nollert and Budowski Government Policy and the Nonprofit Sector: Switzerland • Initiative for a “work‐free Federal holiday (August 1st Initiative)” 43 Effective on 1/7/1994 • Initiative for the “protection of the Alps against transit traffic” 44 Effective on 20/04/1994 b) The Role of Umbrella Groups on Policy Issues There is no single nonprofit umbrella organization that is trans‐sectoral in Switzerland. However, most NPOs belong to one of many umbrella organizations. Apart from national political parties that are predominantly involved with parliamentary issues and voting campaigns, other professional bodies such as the umbrella organizations of employers and employees (which is sector specific and trans‐sectoral) as in other Western countries play important roles; however, this is so to a much lesser degree than in Scandinavia. In the social sector, the ZEWO Foundation (Schweizerische Fachstelle für gemeinnützige, Spenden sammelnde Organisationen), originally created in 1934 as an information office, now has approx. 500 organizations that it inspects and certifies regarding reception and use of donations. The large relief organizations have arranged themselves into politically influential umbrella organizations, such as the development‐oriented Alliance Sud (Swiss Alliance of Development Organizations), as well as the informal Swiss Relief Organizations Presidents’ Conference 45 . Noteworthy among umbrella organizations are the foundations proFonds and SwissFoundations. The Swiss umbrella organization proFonds (formerly the Working Group for Foundations for Common Welfare 46 with approximately 300 members) considers itself to represent the interests of all the Swiss foundations; in particular, it supported the creation of a Swiss NPO Code (Swiss NPO Code 2006). SwissFoundations was founded in 2001 as a union of eleven existing foundations (for sponsoring). In 2005, SwissFoundations published the first European Good Governance Code for Foundations (for sponsoring). This Code is based upon three main principles: (i) effective implementation of the foundation’s goals, (ii) a balance of management and supervision and, (iii) high transparency of goals, activities, and structure. These are spelt out in 22 recommendations concerning education, management, development, and finances. Another important organization is the Swiss Society of Public Utility (SGG) 47 founded in 1810. It follows the liberal principle that common welfare 48 is necessary when fellow citizens find themselves in difficulty. The Swiss Society of Public Utility is involved in cantonal, regional, and local associations and has played an active role in establishing the Swiss Women’s Association for Purposes of Common Welfare (SGF) 49 that to‐date has over 300 43 Initiative für einen arbeitsfreien Bundesfeiertag (1. August‐Initiative) 44 Initiative zum Schutze des Alpengebietes vor dem Transitverkehr 45 Konferenz der Präsidentinnen und Präsidenten der grossen Hilfswerke der Schweiz (KPGH) 46 Arbeitsgemeinschaft für gemeinnützige Stiftungen 47 Schweizerische Gemeinnützige Gesellschaft (SGG) 48 Gemeinnutz 49 Dachverband Schweizerischer Gemeinnütziger Frauen (SGF) 17
Page 1 and 2: Ce n t e r f o r Civil So C i e t y
Page 3 and 4: The CNP Project in Switzerland Rese
Page 5 and 6: Institute for Policy Studies Wyman
Page 7 and 8: I. INTRODUCTION Government Policy a
Page 9 and 10: Nollert and Budowski Government Pol
Page 21: Nollert and Budowski Government Pol
Page 37: The Johns Hopkins Comparative Nonpr

Government Policy and the Nonprofit Sector: Switzerland - VMI

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?