The Justice Director, Jacqueline Fehr (SP), abruptly revoked the permit for the Alba Festival for questionable reasons.
The Alba Festival, here in 2022, is attended by around 20,000 visitors each year.
It seems very outdated to attribute the spread of an infectious disease to a specific ethnic group based on their origins. However, this is precisely what the then President of the Zurich government, Jacqueline Fehr (SP), did with the Albanians through a presidential decree during the Covid-19 pandemic.
On September 2, 2021, Fehr prohibited a large Albanian outdoor festival, expected to attract around 20,000 visitors, just two days before it was scheduled to start. This occurred despite the fact that the festival organizers had submitted a comprehensive safety plan and received approval from the canton at the end of July.
The Justice Department justified this drastic action by claiming that holidaymakers returning from the Balkans were statistically more likely to be infected with Covid-19. Additionally, the vaccination rate among Albanians was deemed too low to justify such a large event. At that time, the government stated there was “an increased risk of infection in this population group.”
However, other events scheduled for the weekend of September 4 and 5, 2021, were not cancelled. For instance, Zurich Pride, a parade organized by the LGBT community, proceeded without any specific restrictions, even though over 20,000 people attended and celebrated together.
In Richterswil, a town on Lake Zurich, 5,000 music enthusiasts were allowed to gather for an outdoor event. Additionally, the local derby match between FC Zurich and GC on August 21 and the Weltklasse Zürich athletics meeting on September 9 were also permitted to proceed.
Only the Albanians were prohibited from celebrating.
The Zurich Administrative Court has now ruled that this was a blatant violation of the prohibition of discrimination under the European Convention on Human Rights.
As early as 2022, the Federal Commission against Racism had admonished Jacqueline Fehr for cancelling the Alba Festival.
What is particularly striking about the recent court ruling is the comparison with Pride. The government justified its approval of the LGBT parade by noting that it was a political event, which is especially protected under freedom of expression and assembly, even during the pandemic. Furthermore, the mix of participants at a parade was considered less risky than at a music festival.
However, from the court’s perspective, this differentiation is not permissible. The court referenced a ruling from the Federal Court, stating that gatherings with comparable infection risks should be treated equally from a purely epidemiological point of view. Therefore, Pride was indeed comparable to the Alba Festival, irrespective of its political nature.
The government must also explain why it permitted football matches and the athletics meeting. The government stated that spectators were seated, which would reduce the risk of infection. However, the administrative court noted that this was only partially accurate, as the standing areas in the Letzigrund Stadium’s south curve were crowded with thousands of fans.
Statistical data were missing
The court indicated in its ruling that potential discrimination might be justified if there are objective and reasonable grounds for it, specifically if it can be shown that a certain group poses a particularly heightened risk of infection.
However, there was no evidence supporting this claim. The government presumed that the vaccination rate in Kosovo and North Macedonia, the traditional countries of origin and vacation spots for the Albanian community in Switzerland, was low. However, the canton of Zurich lacked relevant data, as the court pointed out. The low vaccination rate was purely speculative.
At this point, when a state begins to discriminate against a specific population group based on assumptions, it becomes perilous, according to the court.
There exists a danger “that a group of individuals could be subjected to systematic discrimination or even become scapegoats for an issue despite weak evidence.”
The Zurich Justice Department largely relied on anecdotes, conjectures, and assumptions. It is entirely possible that the audience at the other events had a higher infection rate and a lower vaccination rate than those attending the Alba Festival.
According to the court, this particularly applies to Pride. There was no safety plan in place, and unvaccinated, recovered, or tested individuals were also allowed to participate.
Fehr: “I am happy about the verdict”
Jacqueline Fehr describes herself as “significantly responsible” for the discrimination.
Fehr herself posted on LinkedIn on Monday regarding the decision of the Zurich Administrative Court, stating that she accepted a significant portion of the responsibility for the government council’s decision at the time since she had issued a presidential decree as the government president.
Nevertheless, she expressed satisfaction with the verdict. It is reassuring to know that the administrative court applies stringent standards concerning discrimination issues.
When asked, festival organizer Adem Morina stated that he received the ruling with great satisfaction. Përparim Avdili, the president of the FDP in Zurich and a member of the city parliament, echoed similar sentiments. What was already evident has now been legally confirmed: that Jacqueline Fehr discriminated against the Albanian community.
“Her behavior was very questionable,” remarked Avdili, who immigrated to Switzerland as a child from what is now North Macedonia. “And this is from a SP politician who has dedicated herself to considering all minorities.”
To this day, Fehr has never issued a genuine apology or made any attempts to rectify the harm done.
Qëndresa Sadriu-Hoxha, a cantonal councillor and an SP party colleague of Jacqueline Fehr, stated, “This verdict was anticipated.” She acknowledged that mistakes were made during that time, and decisions were made too hastily. The crucial task now is to learn from those errors to prevent a recurrence.
Sadriu-Hoxha rejected the accusations against Jacqueline Fehr for not apologizing to the Albanian community. “Following the dismissal, she sought dialogue immediately, and she explained her position in detail in an interview with the Albanian-Swiss online newspaper Albinfo. Position taken.
Fehr must take a stand in the Cantonal Council
The administrative court has imposed costs of 6,780 francs on the canton of Zurich. Furthermore, the cantonal treasury must pay party compensation of 4,000 francs.
The cancellation of the Alba Festival has once again become a political issue: On Monday, a request was submitted to the cantonal parliament, seeking information from the government regarding the consequences it plans to take following the ruling—and whether any additional financial damage has been incurred besides the court costs.
The Director of Justice, Jacqueline Fehr (SP), had withdrawn the Alba Festival’s permit at very short notice for dubious reasons.
The Alba Festival, here in 2022, is attended by around 20,000 visitors each year.
It seems very medieval to blame a certain ethnic group for the spread of an infectious disease based on their origins. But that is exactly what the then President of the Zurich government, Jacqueline Fehr (SP), did with the Albanians by presidential decree during the Corona pandemic.
On September 2, 2021, Fehr banned a large Albanian open-air festival with around 20,000 visitors just two days before it was due to begin. This despite the fact that the organizers of the Alba Festival had presented a comprehensive security concept and had received approval from the canton at the end of July.
The Justice Directorate justified the drastic measure by stating that holidaymakers returning from the Balkans were statistically more likely to be infected with corona than average. Additionally, it claimed the vaccination rate among Albanians was too low to justify a large-scale event. There was “an increased risk of infection in this population group,” the government wrote at the time.
However, other events, such as the Alba Festival, which were scheduled for the weekend of September 4 and 5, 2021, were not cancelled. For example, Zurich Pride, a parade of the LGBT community, was allowed to take place without special restrictions, even though over 20,000 people celebrated there, crowded shoulder to shoulder.
In Richterswil, a community on Lake Zurich, 5,000 music lovers gathered for an open-air event. Other events, including a local derby between FC Zurich and GC on August 21 and the Weltklasse Zürich athletics meeting on September 9, also went ahead unfettered.
Only the Albanian community was prohibited from celebrating.
The Zurich Administrative Court has now ruled that this decision was a clear violation of the prohibition of discrimination in the European Convention on Human Rights.
As early as 2022, the Federal Commission against Racism had reprimanded Jacqueline Fehr for canceling the Alba Festival.
Disparate Treatment Under Review
What is particularly interesting about the current court ruling is the contrast drawn with Pride. The government council justified the approval for the LGBT parade by stating that it was a political event—an assertion that warranted special protection under freedom of expression and assembly, even during the pandemic. Furthermore, the government contended that the mix of participants in a parade was less substantial than that of a music festival.
However, the court found this differentiation unacceptable. Relying on a ruling by the Federal Court, it argued that, from an epidemiological point of view, gatherings of people with comparable risks of infection should be treated equitably. Hence, Pride was indeed comparable to the Alba Festival, irrespective of it being a political gathering.
The government must also confront the rationale behind permitting football matches and the athletics meeting, with the justification that seated spectators posed lower infection risks. The court countered this assertion, stating that in the Letzigrund Stadium’s south curve, thousands of spectators were standing closely packed.
Statistical Evidence Lacking
The court noted that potential discrimination against a group could only be justified with objective and reasonable evidence showing that they pose a significantly higher risk of infection.
However, the government’s claims were not substantiated. It speculated on a low vaccination rate in Kosovo and North Macedonia, traditional origins for the Albanian community in Switzerland, but the canton of Zurich lacked data to back these assumptions, as the ruling stated. The conclusion that a low vaccination rate existed was purely speculative.
When a state begins to discriminate against a population group based on assumptions, it enters a dangerous territory, according to the court.
Such practices may lead to systematic discrimination or the scapegoating of groups with insufficient evidence.
The Zurich Justice Department based its stance largely on anecdotes, conjectures, and assumptions. It is conceivable that the audience at other events may have exhibited higher infection rates and lower vaccination numbers compared to attendees of the Alba Festival.
This concern is especially true for Pride, where no protection measures were implemented and individuals lacking vaccination or recovery certificates could participate.
Public Reactions to the Verdict
Jacqueline Fehr describes herself as “significantly responsible” for the discrimination.
Jacqueline Fehr herself commented on the Zurich Administrative Court’s decision on LinkedIn, acknowledging her significant role in the council’s prior decision and describing regret for her involvement in the presidential decree.
She expressed satisfaction with the verdict, stating that it is reassuring to see the administrative court uphold rigorous standards relating to anti-discrimination issues.
Festival organizer Adem Morina echoed Fehr’s sentiments, expressing his satisfaction with the ruling. Similarly, Përparim Avdili, president of the FDP in Zurich and a city parliament member, highlighted the legal affirmation of the discrimination suffered by the Albanian community as a confirmation of their prior beliefs.
Avdili criticized Fehr’s actions, observing, “Her behavior was very questionable,” especially for a Social Democrat who prioritizes minority rights.
Despite the renewed discussions surrounding the incident, Fehr has yet to clearly apologize or make amends for her past actions.
Cantonal councillor Qëndresa Sadriu-Hoxha, a colleague of Fehr within the SP, stated that while the verdict was anticipated, it underscores the necessity of learning from past mistakes. “The decision was made far too quickly,” she remarked.
Sadriu-Hoxha defended Fehr, stating that following the festival’s cancellation, she sought a dialogue and provided a position on the issue in an interview with the Albanian-Swiss online newspaper Albinfo.
Political Repercussions
The court has imposed costs of 6,780 francs on the canton of Zurich, coupled with a party compensation of 4,000 francs to be covered by the cantonal treasury.
The cancellation of the Alba Festival has resurfaced as a political matter. On Monday, a formal request inscribed in the cantonal parliament aimed to elicit details from the government regarding the lessons learned from the court ruling and whether secondary financial repercussions existed beyond the stipulated court fees.
| Event Type | Allowed Status During Pandemic | Attendance | Government’s Justification |
|---|---|---|---|
| Alba Festival | Cancelled | ~20,000 | Increased risk of infection among individuals returning from Balkans |
| Zurich Pride | Allowed | ~20,000 | Political expression and assembly |
| Local Derby (Football) | Allowed | ~30,000 | Seated spectators reduced risk |
| Weltklasse Zürich (Athletics) | Allowed | ~10,000 | Seated spectators reduced risk |
This recent judicial declaration signifies a pivotal moment in discourse regarding discrimination, public health policies, and the interplay between minority rights and governmental decisions. The fallout may potentially reinforce the importance of evidential backing in government decisions that impact community events.
