Punish criminals, not solidarity

«Providing shelter, a meal, or, as in this case, assistance with steps to obtain refugee status, should not be a crime!» The Jura Movement for Support of Undocumented Persons and Migrants (MJSSP), whose activist found herself in the dock, and the citizen movement Campax are calling for mobilization against the crime of solidarity.

The Jura Movement for the Support of Undocumented Immigrants and Migrants (MJSSP) has launched a petition to be sent to the Federal Parliament, requesting a change in Swiss legislation to stop criminalizing solidarity. One of its activists, Caroline Meijers, found herself in cantonal court for lending her mailbox to a young man who had left a federal center, doing so altruistically. The petitioners argue that this should not constitute a crime and call for the «abolition of the solidarity offense,» meaning Art. 116 of the Aliens and Integration ActLaw) who punishes the help provided by citizens.

This is not the first time civil society has mobilized to change this provision. In December 2019, a petition with 30,000 signatures was presented to the Federal Parliament.^[1]asile.ch, SOSF Solidarity is not a crime. Nearly 30,000 signatures submitted, 05.12.2019, without success. Nor is it the first time that a person has had to answer before Swiss justice for having provided assistance to an exiled person in distress: the Basel activist Anni Lanz and Pastor Norbert Valley know this well. A criminalization that is observed throughout Europe.

On February 22, 2024, the Council of Europe, guarantor of the European Convention on Human Rights, published a report titled: «Protecting Defenders: Ending the Crackdown on Human Rights Defenders Helping Refugees, Asylum Seekers, and Migrants in Europe». In the face of «a growing tendency to harass and intimidate, and to consider as offenders individuals and groups who assist refugees, asylum seekers and migrants (including those in an irregular situation),» the Council of Europe issued a long series of recommendations to member states, notably in line with the petition: «Ensure that laws on trafficking in human beings or facilitating irregular entry, transit or stay clearly prevent the criminalization of human rights defenders assisting refugees, asylum seekers and migrants, in particular by ensuring that the criterion of ’financial or material’ gain is central to any definition of a criminal offense.»

After Italy and the case of Mimmo Lucano in Riace, Greece is also standing out with «gag procedures» targeting humanitarians saving migrant people. With charges against 24 people for «migrant trafficking» only lifted in early 2026 after 7 years of grueling proceedings led by Athens, it is now the turn of Norwegian Tommy Olsen and Greek Panayote to be in the Greek government's crosshairs. The arrest of Tommy Olsen in Norway and the threat of his extradition were denounced by Amnesty International and Human Rights Watch on March 20, 2026.^[2]RFI, «Aid worker arrested, threatened with extradition: Greece crosses a new threshold in criminalizing aid to migrants»Romain Philipps, March 26, 2022.

How far can the criminalization of solidarity go? In July 2025, a rescue ship from the NGO SOS Méditerranée was fired upon by Libyan coast guards, raising questions about the European Union's responsibility in its collaboration with Tripoli. The Parliamentary Assembly of the Council of Europe then called on European states to reconsider their cooperation with Libyan authorities – including their financing, training, and provision of equipment.^[3]asile.ch, SOS Méditerranée Libyan coast guard fires on Ocean Viking, 26.08.25

A sign that it would also be time to change the narrative and amend the law.