Switzerland Parliamentary Initiative: sustainable development as a state aim in the constitution

Summary

In 1994, Marguerite Misteli’s ecocentric parliamentary initiative paved the way for Switzerland to enshrine sustainable development in its federal constitution. The parliamentary initiative’s supplementary remarks explain envisioning the principle of sustainability as recognizing nature’s intrinsic right to exist, as well as human rights and respecting the dignity of living beings.

“Being a female politician isn’t just holding office – it only makes sense if you gain firsthand experience of how political decisions affect individuals and engage actively in civil society.” – Marguerite Misteli’s maxim for her political career

Background
Marguerite Misteli was born in 1945 in Solothurn, Switzerland. Over 25 years later, women were finally granted the right to vote and stand for election at the federal level through a landmark referendum in Switzerland in 1971. The subsequent amendment of Article 74 of the Swiss Federal Constitution paved the way for Marguerite Misteli to be elected to the National Council in 1991, becoming the first women from the Canton of Solothurn to represent the Green Party at the federal level.

On 5 December 1994, Marguerite Misteli, now a female National Councillor, filed parliamentary initiative 94.432 entitled “Sustainable Development as a State Aim in the Federal Constitution” seeking to shape the new Swiss Federal Constitution.

Jurisprudential Framing
The parliamentary initiative requests the principle of sustainable development be enshrined as the primary goal in the constitution, so that all policies of the Swiss Confederation are governed by it. The text states: A development can be regarded as sustainable provided that it a. meets the ecological, social, cultural, and economic needs of all people, living today and in the future, in a fair manner; and b. preserves the global ecological balance of the living world and its biodiversity – including animals and plants – and protects and restores their habitats.

In the submitted rationale, Marguerite Misteli warned of the ecological crisis humanity would face without implementing the principle of sustainability. She emphasized that affirming human rights, respecting the dignity of all living beings, and recognizing nature as a rights-holder with an intrinsic right to exist were essential tools for addressing these challenges:

“The final years of this century have been marked by the realization that, without the rigorous implementation of the principle of sustainability in all our actions, there will be no secure future on planet Earth for the living world, for humanity as well as other animal and plant life. Sustainable development therefore aims to ensure that the ecological, social, cultural and economic needs of all people living today and in the future – in Switzerland as well as throughout the world – are met in a fair manner. Sustainable action affirms human rights, respects the dignity of living beings, and recognizes that nature, as well as the diversity it sustains, has an intrinsic right to exist.”

Legal Process: Parliamentary initiative
Stage 1: State Political Commission
In November 1995, the State Political Commission examined the parliamentary initiative in accordance with the Parliamentary Procedures Act. The Commission noted that Misteli had submitted her initiative in December 1994, before a draft for a total revision of the Federal Constitution was even in sight. In the meantime, the Federal Council’s preliminary draft had completed its consultation phase, and the final version was expected later that year. Importantly, the draft already addressed the core concerns of Misteli’s initiative, proposing an extension to Article 2 of the Federal Constitution: “The Swiss Confederation is committed to the preservation of natural resources.”

The Commission noted that Misteli’s initiative could therefore be considered and discussed within the broader framework of the total revision. The Commission also emphasized its desire to maintain a consistent approach: in two previous cases, it had decided not to take action on initiatives when the issues raised were already addressed in the new constitutional draft. Consequently, by 13 to 8 votes, the majority recommended not to take action on Misteli’s initiative at this point in time, stressing the need to avoid duplicating parliamentary work.

Stage 2: National Council
The arguments of the majority of the State Political Commission were convincing. During the National Council debate on 11 March 1996, the Council followed suit, with 47 votes in favor and 63 against taking action on the parliamentary initiative. However, during the Council debate, members still emphasized the importance of advancing environmental protection, with Cécile Bühlmann, spokesperson for the minority, stressing the relevance of Misteli’s ecocentric proposal, and highlighting that sustainable development is a guiding principle for the coming century.

Stage 3: Federal Council
While the National Council chose not to act on Misteli’s initiative, the Federal Council expressly referred to the parliamentary initiative in its November 1996 message concerning a new Federal Constitution. Taking into account Misteli’s parliamentary initiative and additional feedback received during the consultation procedure, the Federal Council opted to include the commitment to environmental protection, the promotion of sustainable development and the responsibility towards future generations in the preamble and Article 2 Aims of the Federal Constitution of the Swiss Confederation. Furthermore, Article 73 Sustainable development states: The Confederation and the Cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population