A law that has shaped everyday life for the “Fifth Switzerland” for ten years

Switzerland and the Swiss... Abroad

Until the end of the 19th century, Switzerland was a country of emigration. Net migration was negative, and there were multiple reasons for this. Poverty and the harshness of rural life drove numerous Swiss people to seek their fortunes abroad. Around the 1850s, emigration agencies were booming and promised to organise travel for potential emigrants, often exploiting their unfamiliarity with the situation. The business was lucrative, and there were over 300 such agencies across the Swiss Confederation at that time. A Federal Emigration Office was established in 1888 to keep an eye on these agencies.

For a long time, Swiss emigrants were seen as a burden by the authorities and received only meagre support. It was not until 1966 that the Swiss Abroad were explicitly mentioned in Article 45bis of the Federal Constitution, which improved their status by legally recognising them. In 1999, when the Federal Constitution was revised in its entirety, Article 45bis was replaced by Article 40, which provided that the Confederation would contribute towards reinforcing the ties that bound the Swiss Abroad to each other and to Switzerland. It also stipulated that the Confederation would legislate on the rights and duties of the Swiss Abroad, particularly with regard to the exercise of their political rights at a federal level, the performance of their military and civilian service, assistance to persons in need and social insurance.

The “Fifth Switzerland” as a resource

At the beginning of the 21st century, the image of Swiss people living abroad improved considerably and, according to Filippo Lombardi, the “Fifth Switzerland” began to be seen as a resource. Politics finally recognised the importance of this long-neglected population abroad. The Swiss Abroad Act (SAA) came from a parliamentary initiative from Ticino member of the Council of States Filippo Lombardi, and the dedication of Rudolf Wyder, OSA director at the time.

Prior to the SAA, the statutory provisions governing the Swiss Abroad were scattered across a wide range of laws, ordinances and regulations. So what message did the passing of the SAA send?

Filippo Lombardi thinks it “lent dignity to this constitutional mandate”. The Act condensed and structured the rights and obligations of the expatriate population. It established individual responsibility as the fundamental principle behind the relations between the Confederation and individuals, to whom it guaranteed certain rights, whilst simultaneously defining the scope of the support available. It furthermore listed the various services that Switzerland can provide for its citizens residing abroad, whether temporarily or permanently.

What does the Swiss Abroad Act (SAA) contain, broadly speaking?

Being entered on the register of the Swiss Abroad
The SAA defines the Swiss Abroad as anyone who has reported to the competent representation and has thus been entered in the register of Swiss Abroad. This registration is compulsory. You must be entered in the register of the Swiss Abroad to benefit from consular services and exercise your political rights.

Obligation to register
When a child obtains Swiss nationality through parentage or adoption, that child must be registered with the competent representation by submitting the relevant official documents. They will then be entered in the register of the Swiss Abroad.

Administrative services
The Act sets out the consular services that can be provided in various areas such as civil status, naturalisation, military matters and issuing identity documents.

Exercising of political rights
Swiss citizens of legal age may exercise their political rights wherever they live, whether in a Swiss municipality or abroad. The SAA governs the principles and methods by which the Swiss Abroad can exercise their voting rights. The provisions of the Federal Act on Political Rights apply subsidiarily. Swiss Abroad who hold the right to vote must nonetheless inform the competent consulate of their intention to exercise that right.

Social assistance
Swiss Abroad encountering hardship can apply for social assistance, and their applications will be examined on an individual basis. If they are successful, the Confederation will provide social assistance abroad or help the persons concerned return to Switzerland.

Consular protection
The SAA covers how consular protection is granted to Swiss nationals abroad, including providing assistance in the event of a crisis or catastrophe. Since individual responsibility prevails, there is no right to consular protection that applies subsidiarily.

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Celebrating the Act’s tenth anniversary...what has it changed in practice?

For Filippo Lombardi, the change has been very positive. The Act continues to be highly appreciated and serves those it concerns well. It is an instrument of democracy that, over the course of ten years, has proven its worth and shown it is still relevant today. No amendments to the Act have proven necessary so far, which illustrates its effectiveness perfectly. His only regret is that Swiss schools are not covered by the law, meaning they are less protected.

Overall, this concentration into a single law has reinforced and promoted the defence of the interests of the Swiss Abroad. The camp of the Swiss Abroad still needs defending, however, in a world that has become more complex, and in a Switzerland that has become more complex, as we all face an uncertain future.