Food Security in Swiss Constitutional Law

Article 104 of the Federal Constitution is often invoked to justify restrictive measures, in particular in support of food security. The provision is rarely discussed in the overall context of Swiss economic policy, foreign trade and development goals. Our hypothesis is that in a context of globalisation, climate change and other structural causes of food insecurity, more open borders might better respond to these constitutional objectives as a whole, and at the same time enhance national and global food security. Economic freedoms and less market-distorting agricultural policies could better serve the objective of a secure food supply than extensive subsidisation of products which not economically viable and at the same time displace more efficient farming. As for the constitutional development objectives, although Switzerland is a small market, its agricultural policies potentially impair export-financed food security in developing countries.

More coherence is needed in Swiss agricultural, trade and development policies. We try to show that the axiom of constitutional coherence can be upheld despite the resulting conflicts at the policy level. The present implementation policies lead to a suboptimal food security situation in Switzerland – particularly in the context of the present slow-down. Domestic and foreign policy must therefore be re-linked so as to re-establish a higher degree of constitutional conformity, and of food security. Political arbitrage will still be necessary in some instances, but ‘food sovereignty’ and self-sufficiency claims appear the wrong recipes for more coherence in objectives and policies.