France[1]

 

IHF FOCUS: freedom of expression and the media; judicial system; police powers, detainees’ rights and the right to privacy; prison conditions; freedom of religion; intolerance and xenophobia; asylum seekers and immigrants.

 

The dominant human rights theme in France was the work and the report of the so-called Stasi Commission established by the president to reflect upon the application of the principle of laicité, or separation of state and church. The debate was triggered after several Muslim girls were expelled from schools for refusing to remove their headscarves. The commission recommended, among other things, the adoption of a law on laicism with a special provision banning the conspicuous wearing of religious symbols. President Chirac endorsed the proposals in his speech of 17 December, the National Asembly passed them in February 2004 and they went to the Senate.

 

Internal security remained a priority for the government in the context of the fight against terrorism. The newly adopted law on internal security raised criticism for expanding the powers of police excessively, relaxing the requirements necessary for searches, and for allowing retention of information about suspects.

 

The “Perben law” was also severely criticized by civil groups for undermining the fundamental principles of the judicial system. The new law was also considered a major setback in the rights of the media, particularly as concerned the confidentiality of journalists’ sources and the right of journalists not to reveal their sources.

 

During the year, the European Court on Human Rights (ECtHR) found France in violation of the European Convention on Human Rights (ECHR) in three cases with important ramifications as regards right to family life, prohibition of inhuman treatment, and prohibition of discrimination on grounds of religious beliefs.

 

A disturbing tendency was the rise of anti-Semitism in schools, described as a “true danger” by the education minister. The government stepped up its efforts to stem anti-Semitic violence and an interministerial committee on racism and anti-Semitism was established by decree.

 

Political discourse on the growing phenomenon of Islamophobia was also intense. On a positive note, the first elections for the French Council of the Muslim Faith (CFCM) were held on 13 April. About 4,000 appointed electors were authorized to vote for representatives from 995 of France’s mosques and places of worship.

 

Freedom of Expression and the Media

           

A generally respected 1881 law regulated the freedom of speech and of the press. However, the ECtHR has held France in violation of article 10 of the ECHR in several cases in recent years.[2]  In Recommendation 1589 (2003) “Freedom of expression in the media in Europe,” the Parliamentary Assembly of the Council of Europe (PACE) listed France as a country with outdated media legislation containing restrictive provisions which, although not applied in practice any longer, provided a suitable excuse for new democracies not willing to democratize their own media legislation.[3]

 

On 18 July, Reporters without Borders, called on the French government to repeal sections of the press laws that contravened the ECHR, namely article 2 of the 1931 law (publicizing civil parties involved in a court case), article 14 of the 1881 law (foreign publications) and article 36 of the same law (disrespect to foreign heads of states).

           

The “Perben Law” which planned to adapt the justice system to the development of crime was considered a major step backwards in the right of the press, particularly as it concerned confidentiality of journalists’ sources and the right of journalists not to reveal their sources of information. Under the new law, the submission of information was no longer constrained by an obligation to respect the notion of “professional secrecy.”

 

On 20 November, Reporters without Borders called on party leaders in the parliament to strike down an amendment to the press law, which would extend to a year the deadline for prosecuting journalists for defamation or insult. Article 16 of the “Perben II Law” (see Judicial System, below), which would amend article 65 of the 1881 law so that the automatic three-month extension (during which prosecution must begin) of the initial three-month deadline (during which suits must be filed) would be extended to a year. The new provisions were considered, “a frontal attack on the rights of journalists and a threat to investigative reporting.”[4]

 

·         On 23 October, a Paris criminal court convicted journalist Gilles Millet of receiving a document covered by judicial confidentiality while clearing him of receiving another document covered by professional confidentiality. Reporters without Borders criticized the ruling stating that convictions for receiving documents that violate professional or judicial confidentiality obstruct the work of the press and threaten the confidentiality of journalistic sources. The NGO also noted that the homes of journalists enjoy no protection as regards searches, unlike the premises of news organizations, which can only be searched in a judge’s presence.

 

On 24 July, senior defense official, Didier Lallemand, signed a decree classifying information about the nuclear industry as a national defense secret.[5] Journalists were especially targeted by the decree as they risked criminal penalties including prison sentences of up to five years if they reported on matters falling under the terms referenced by the decree. Reporters without Borders, Writer-Journalists for Nature and the Environment and the Association of Environmental Journalists (AJE) called on the government to rescind the decree.

 

 

Judicial System

 

Double Jeopardy

 

In 2003, the ECtHR held France in violation of Article 6 (right to a fair trial) of the European Convention of Human Rights in eight cases.[6]

           

On 26 November, the French National Assembly amended the 1945 Act relating to the conditions of entry and residence of aliens in France to abolish the “double jeopardy” provision. The new law came into force on 1 December.[7] Abrogation demands for deportation orders issued before the law was promulgated are to be submitted by 31 December 2004.

           

The “double jeopardy” provision was a sanction allowing the expulsion of a delinquent foreigner after he/she had served a term of imprisonment. At the initiative of Cimade (an NGO providing legal and administrative assistance to foreigners and asylum seekers), a large number of local and national organizations launched a national campaign against the “double jeopardy” provision at the end of 2001. The objective of the campaign was to abolish the existing discrepancy between punishment given French nationals and foreigners. Statistics showed that on average, six out of ten persons expelled had lived in France for more than ten years. The punishment of prohibiting further access to French territory was contrary to the principle of respect for equality before the law, in particular in the field of treatment of delinquents.

 

·         On 15 July, the ECtHR found France in violation of article 8 of the ECHR (right to respect for family life) in the enforcement of a deportation order. In 1992, Boubaker Mokrani, an Algerian national born in France in 1962, was sentenced to four years’ imprisonment, one of which was suspended, for heroin trafficking. In March 1995, the interior minister ordered his deportation. The court stated that excluding a person from a country in which his close family lived might constitute interference with his right to respect for family life and ruled that if the deportation order were to be enforced it would not be proportionate.[8]

 

·         The catalyst for political change was the case of Cherif Bouchelag, an Algerian father of six French children, who was arrested one week after his release from prison and was subjected to an expulsion order. Under pressure from several MPs, Interior Minister Sarkozy was forced to repeal the order. Then after announcing the repeal, Sarkozy called once more for deportation. Finally, on 14 September, the regional Commission of Deportation declared itself against the deportation of Bouchelag, stating that he was no longer regarded dangerous to French public order.

 

            The Bouchelag case triggered a political debate leading to the decision by the interior minister to create an inter-ministerial commission to prepare a report on the issue. In March, the government presented plans to abolish the “double jeopardy” provision. Sarkozy stated that the provision was “inhumane” and “detrimental to the general interest as it leads to the break-up of families.”[9] The law as amended, protects from expulsion foreigners who have resided in France for more than twenty years and foreigners who have been in France for more than ten years and have French children of minor age residing in France or who have been married to a French national for at least three years. The law specified, however, that expulsion can be ordered in cases of “absolute urgency” or danger to the security and public order of the country.

 

Justice System Law

 

            Discussions on the “Perben II Law” were controversial. The draft law was submitted by the justice minister to the Council of Ministers on 9 April with the stated purpose of “adapting the law to the development of crime.” The text was adopted on second reading by the National Assembly on 27 November[10] and by the Senate on first reading on 11 February 2004. The Constitutional Council issued its decision on 2 March 2004 and the law was promulgated on 9 March.[11]

 

            The law, which was to provide the judicial framework for the implementation of the internal security law, modified as many as 350 articles of the Code of Criminal Procedure and 70 articles of the Penal Code. Its main premise was to empower the justice system to combat organized crime by reinforcing the powers of police, making it easier, for example, to infiltrate mafia networks and to intercept telephone conversations and electronic mail. Civil society groups severely criticized the new provisions for undermining the fundamental principles of the judicial system, namely the independence of the judicial system, the presumption of innocence, and the existence of the right of protection for minors.[12]

           

The most controversial provisions were those undercutting the principle of presumption of innocence. The newly installed “pleading guilty” procedure allowed prosecutors to propose a sentence without a court hearing, on the basis of a preliminary acknowledgement of guilt. The former president of the Constitutional Council, Robert Badinter, stated that the procedure was “fraught with dangers” and “contravenes European principles.”[13] The chairman of the Texts Committee of the National Bar Council reaffirmed that the “necessary equilibrium between the power of accusation and the right to defense is upset.”[14] On 28 November, the president of the National Federation of Young Lawyers (FNUJA) addressed an open letter to the justice minister announcing the readiness of young lawyers to block the “pleading guilty” procedure. FNUJA found the definition of organized crime to be imprecise and warned against the risks of arbitrariness.[15]

 

 

Police Powers, Detainees’ Rights and Right to Privacy

 

Security Law

 

After the adoption of a  2000 bill which set the priorities in the field of internal security,[16] the government embarked on a fast track to install a new Internal Security Law (LSI).[17] A draft was submitted by the interior minister on 23 October 2002 and the final text was adopted on 18 March 2003.[18]

 

            The LSI’s legislative provisions centered on four main premises: upgrading the role of territorial units in the new institutional structure to ensure security; reinforcing the role of prefects in crime prevention; extending the list offences to include, for example, prostitution and the establishment of squatters’ camps; and reinforcing the powers of and the means available to the police. For example, it relaxed requirements for searches and for keeping information about suspects, eliminated the obligation to notify suspects to remain silent, and allowed for DNA fingerprinting for anyone on suspicion of committing an offense. The law targeted prostitution, making it a crime punishable by two months imprisonment and a 3,750-euro fine. Squatters were also threatened with six months in jail and a fine of €3,750.

 

Despite 400 amendments before it was adopted, the LSI was still considered a “threat to the republic” and an “attack on people’s liberties” by several MPs and senators of the opposition.[19]

           

The months preceding adoption of the LSI saw a mobilization of civil society groups against it. There were numerous demonstrations against it while it underwent examination in the parliaments. On 8 January, about thirty civil groups and opposition parties called for manifestations in all towns of the country to protest against the law. On 11 January, a big demonstration was convened in Paris.

 

In an appeal issued in January, civil society groups stated that the protection of security should “not subject citizens to the state’s discretionary powers.”[20] The National Confederation of Lawyers rendered its opinion on the law stating that the protection of security does not justify the use of the adopted proposed measures.[21]

 

 

Prisons

 

            The debate on prison conditions continued to be relevant throughout the year. The publication of the testimony Chief Doctor at the Santé Prison by Veronique Vasseur in 2000 had triggered a heated public debate on the deterioration of prison conditions. Two parliamentary reports, Prisons: Humiliation for the Republic and France Facing its Prisons, published in June 2000, had further condemned the malfunctioning of the French prison system.[22]

           

Overpopulation continued to be the primary factor for the deteriorating conditions. As of 1 July, there were 60,963 prisoners in the country, the highest number ever, while the capacity was officially 48,600. The amnesty of 14 July helped reduce the number to 59,169, which still represented an increase of 5.9% for the year. In an attempt to redress the problem, the government approved a prison reform bill in 2002. Under the plan, 30 new prisons with 13,200 more places are to be constructed by 2007.

           

Plans for the construction of new prisons, however, drew some criticism. The International Observatory of Prisons (OIP) commented that such plans “create the illusion of prisons as panacea for social problems.”[23] In its report, Conditions of Detentions in France, the OIP criticized the preference of the judicial system for imprisonment rather than for alternative punishments.[24] In April, Jean-Luc Warsman, a parliamentarian, submitted a report on alternatives to detention, modalities for serving sentences and the preparation of prisoners for their release as solicited by the interior minister in October 2002.[25] As alternative punishments, the report proposed the increase of places for semi-detention from 1,900 to 5,000, more frequent use of electronic surveillance to cover 3,000 prisoners compared to 200 in 2003, and the increase of labor options.

           

The OIP report drew attention to the poor state of affairs of the prison system by highlighting two issues: bad living conditions and mistreatment and violence among detainees.  These were considered the root causes of suicides in prison facilities, the number of which has steadily increased for the last 20 years. The number rose from 39 cases in 1980 to 104 in 2001, to 122 in 2002, and to 73 just during the first six months of 2003.  This was seven times higher than the number of cases outside of the French prison system and was one of the highest in Europe. On 11 December, psychiatrist Jean-Louis Terra submitted an official report to the justice minister proposing measures to reduce the cases of suicide by 20% over the next five years.

 

On 11-18 June, a delegation from the European Committee for the Prevention of Torture (CPT) visited the Loos Remand Prison, the Toulon Remand Prison, the Clairvaux Prison, and the reception and judicial investigation departments of the 9th and 16th districts of Paris in order to assess the prison system regarding overcrowding and the regimes offered to prisoners serving long sentences. The main issues discussed were the basic safeguards offered to persons in police custody and the implementation of the CPT’s recommendations concerning access to a lawyer from the outset of custody.

 

·         On 27 November, the ECtHR found France in violation of article 3 (prohibition of inhuman and degrading treatment) of the ECHR for attaching an ill prisoner to his hospital bed. In view of the age and state of health of the prisoner, Albert Hénaf, as well as the absence of any previous conduct giving rise to security concerns, the court considered the restrictions on his movement disproportionate to the security requirement. The judgment also invoked a recommendation from the CPT to the French government outlawing the practice of attaching prisoners to hospital beds for security reasons.[26]

 

Freedom of Religion

 

State and Religion

           

The management of religious issues in France was based on the principle of separation of state and church, or laicité, as enshrined in a 1905 law.

 

In 2003, the topic of laicité took on a new life after several Muslim girls were expelled from schools when they refused to remove their headscarves. The first such case to make headlines occurred in 1989 in Creil (Oise). There were as many as 1,123 cases in 1994 but over the years the number has dropped. In 2003, the most publicized case was that of the sisters, Lila and Alma, who were expelled from Henri-Wallon school in Aubervilliers in October.

 

On 3 July, president Chirac established a commission presided over by Bernard Stasi, “to reflect upon the application of the principle of laicité.” The commission recommended, among other things, drafting a law on laicism with a special provision banning the conspicuous wearing of religious symbols such as crosses, headscarves (hijab) and skullcaps in public places. President Chirac endorsed the proposals in a speech on 17 December.

 

The recommendation by the commission to ban the wearing of conspicuous religious symbols in public places triggered prompt opposition from three French Christian churches: the Catholic, Protestant, and Orthodox, as well as from the Muslim and Jewish communities. The French Council of the Muslim Faith (CFCM) stated that the Stasi report “stigmatized” Muslims in the country and addressed an open letter to president Chirac asking him not to endorse the recommendation. There were protests amongst France’s 7,000-strong Sikh community. Many civil groups protested also.[27]

 

On 10 February, the National Assembly passed the bill by a large majority.[28] It went to the Senate for approval. It is expected to come into effect for the new school year starting in September 2004 and will apply in France and its overseas territories. The bill contains a provision for review of the ban after being operation for one year. The chairman of the Law Committee, Pascal Clément, was entrusted with the task of writing a report on the contentious issues by the end of 2005.

 

Minority Religions

           

The About-Picard law, which came into force in May 2001, remained effective. It placed severe restrictions on the formation of associations, granting courts the power to dissolve a religious association if it or its representatives had been convicted of more than one criminal offence. A resolution 2002 by the PACE criticized the law and noted that it would be up to the ECtHR alone to determine whether this law was in violation of the ECHR.[29]

 

·         On 16 December, the ECtHR found France in violation of article 8 (right to respect for family life) and article 14 (prohibition of discrimination) of the ECHR in a case of child custody. Seraphine Palau-Martinez was deprived of the custody of her children on the basis that she belonged to the Jehovah’s Witnesses. The ECtHR decided that there was no practical, direct evidence that the mother’s religion had influenced the children’s upbringing or daily life.[30]

 

·         In March, Jean-Pierre Brard, rapporteur of the parliamentary commission on sects, decided to go to the Court of Cassation after his conviction on grounds of defamation against Jehovah’s Witnesses at the end of 2002. He wrote a report, which was published in September 2001 by the monthly magazine 15-25 ans COM, in which he accused the Jehovah’s Witnesses of using the same methods as international criminals. On 18 December 2002 the Court of Appeal of Versailles had sentenced Brard and the magazine to pay €1 in damages to Jehovah’s Witnesses, to publish a communiqué in a national daily paper, and to pay €4,000 to the Christian Federation of Jehovah’s Witnesses.

 

The Interministerial Mission of Fight against Sects (MILS), which had been established in 1998 to coordinate the monitoring of sects by the government, was widely criticized for its activities. In 2002, the government had acknowledged the criticism and set up a new body, the Interministerial Mission of Vigilance and Fight against Sectarian Deviation (MIVILUDES). Despite the change of name, laudable efforts to define the concept of “sectarian deviances,” less aggressive language and apparently different objectives, nothing changed in practice. According to the first annual report of the MIVILUDES, which was published in January 2004, the targets were no longer sects but sectarian deviation of solely new religious movements (NRM): “healing movements, pseudo-evangelical groups, and apocalyptic and eastern movements.” Jehovah’s Witnesses, the Church of Scientology, Raelians and groups of psychological well-being were also targeted.

 

Many congregations of Jehovah’s Witnesses won important cases in administrative courts and on those grounds, the Interior Ministry could grant them the status of association cultuelle, which is the most favourable status enjoyed by associations linked to historical religions. However, the MIVILUDES report did not mention those developments.

 

The NRM system of surveillance and denunciation put into place by the MILS was used by the MIVILUDES. Vigilance committees in 56 departements, under the authority of the prefect (Ministry of the Interior), various services of the Health Ministry, the Ministry of Justice, directors and teachers of public schools, the Ministries of Economy and Finances (tax department and customs department), the medical and pharmaceutical association, and others were charged with the task of tracking “sectarian deviances” in NRM.

 

Intolerance and Xenophobia

 

An important development in the combat against racism and xenophobia was the introduction of the Lellouche bill on 3 February. It made it possible to impose harsher penalties on racist, anti-Semitic and xenophobic acts. Acts of violence on the basis of race, religion or ethnic background became “aggravated acts.”[31]

 

Anti-Semitism

           

France is home to 600,000 Jews, making it the world’s third-largest concentration of Jewish people after Israel and the United States. The incidence of anti-Semitic attacks increased dramatically until late 2002 when they reached the record number of 193, six times the amount in 2001, then dropped in 2003.

 

The discourse on anti-Semitism was intense throughout the year. One of the most disturbing tendencies was the rise of anti-Semitism in schools, described as a “true danger” by the education minister. Some 455 racist and anti-Semitic incidents were recorded in French schools in the autumn term of the 2002-2003 academic year alone. Most of the incidents involved verbal attacks and offensive graffiti.

 

·         On 15 November, a fire broke out in the brand new building of the Merkaz Hatorah school in the Paris suburb of Gagny, in the Seine-Saint-Denis region, north of Paris. No one was hurt, but the fire destroyed some 3,000 m² of the school's second floor. The incident made headlines across Europe.

 

·         On 17 December, two high-school students were expelled from a prestigious school in Paris for “violence of anti-Semitic nature” against a fellow student. The school’s staff was accused by the child’s family of having underestimated the level of violence for a certain period of time and for not reacting quickly enough.

 

The situation was thoroughly analyzed by the sociologist, Emmanuel Brenner, who assembled a 200-page book, The Lost Territories of the Republic, recounting dozens of incidents in which students directed ethnic slurs at Jews and ridiculed lectures on the Holocaust.[32]

           

On 27 February, the education minister presented a ten-point program of action to combat anti-Semitism and racism in schools. It included special teams to identify and track incidents with the aid of mediators, tougher penalties and handbooks for teachers. On 19 December, an inter-ministerial meeting to find ways to combat acts of anti-Semitism in schools took place at the interior ministry. The objective of the meeting was to identify practical and efficient measures to better prevent and inhibit such acts and to alert people about them.

           

In the wake of the firebombing of the Jewish school in Gagny, the government stepped up its efforts to stem anti-Semitic violence. On 8 December, an inter-ministerial committee on racism and anti-Semitism was established by decree. The committee, chaired by the prime minister, is made up of the Ministries of Interior, Justice, Foreign Affairs, Social Affairs, Youth, Education, and Urban Affairs. It is to draw up an inter-ministerial plan of action and monitor its implementation.

           

In a memorandum of 21 March, the minister of justice asked public prosecutors to be vigilant regarding possible racist, anti-Semitic or xenophobic offences and requested such offences be prosecuted in the highest possible category of offence. In another memorandum, of 18 November, the minister of justice asked each Prosecutor’s Office to appoint a special magistrate to handle relations with associations involved in combating anti-Semitic or racist acts and to ensure that the response was coherent in the jurisdiction.

 

            The Ministry of Justice registered 37 judicial proceedings against anti-Semitic offences committed from January to November as compared with about 120 in 2002. According to information forwarded to the Department of Criminal Affairs, 19 individuals were detained for questioning regarding anti-Semitic offences during this period. Throughout the year, judicial investigations were undertaken in six cases against unknown persons, including four for offences which were aggravated by the introduction of anti-Semitic acts. Proceedings were discontinued in five cases because of the perpetrators could not be identified.

 

·         On 26 November, six youths were sentenced to immediate prison terms ranging from 18 months to three years by the Criminal Court in Strasbourg for anti-Semitic offences. In April 2002, they had tried to bomb the synagogue of Cronenbourg with a homemade explosive device.

 

·         On 6 November, the interior minister announced his plans to bring legal action against singers and rappers, and in particular, against the Sniper group, for using racist and anti-Semitic lyrics. Questioned in the National Assembly, he said that in future he would take legal action against lyrics that are racist or anti-Semitic.

 

Islamophobia

 

The Muslim community in France represents about 7% of the country’s 60 million people and is the largest Muslim community in Europe. There were several alarming incidents against Muslims, including harassment and vandalism.

 

Political discourse on the growing phenomenon of Islamophobia was intense. The National Consultative Commission on Human Rights (CNCDH), a body instituted by the prime minister and composed of governmental and non-governmental representatives, closely studied acts of anti-Muslim racism. In its initial conclusions, the report qualified the trends as “intolerance towards Islam” rather than as Islamophobia.[33] The Movement against Racism and for Friendship between People (MRAP) and the League for Human Rights criticized an earlier version of the report and its tendency to deny the phenomenon of Islamophobia. The report, though subsequently amended, recommended careful use of the term. For the first time in its work, the CNCDH brought to the forefront the issue of anti-Muslim racism and sought to define this disturbing development.  It also sought to define the negative impact and the confusion over the meaning of terms such as Muslim, Islamic, fundamentalist, Islamist, and terrorist.

           

The Interior Ministry did not have a special category for incidents against Muslims and it was difficult to compile a complete list. Three of the events registered in 2003 were the profanation of a cemetery in Haut-Rhin in July, the arson at a place of worship in Nancy in March, and the profanation of a Muslim religious site in la Meuse in March. The CNCDH report highlighted the existence of Internet sites that distribute racist propaganda with regard to Islam.

 

·         In November, Alexander Attali, the former webmaster of an anti-Muslim Internet site was sentenced to four years’ imprisonment and to pay a fine of €13,000 for inciting racism and hatred against Muslims and for issuing an appeal to denigrate 149 people who allegedly supported Palestine. In August 2002, the MRAP was alerted about the existence of the site, and initiated court proceedings against its webmaster. The site was closed down in the meantime.

 

In October, MRAP proposed the creation of an observation group to evaluate different manifestations and acts of Islamophobia, to analyze factors leading to such acts, to recommend policies, and to inform society.

 

            A positive development was witnessed when an agreement to create a single representative body for the country’s estimated five million Muslims was signed in December 2002 between French officials and Muslim leaders. Similar bodies already existed for Catholics, Protestants and Jews, enabling the government to address issues like education, work and administration of places of worship centrally. The first elections for the French Council of the Muslim Faith (CFCM) were held on 13 April. Some 4,000 appointed electors were authorized to vote for representatives from 995 of France’s mosques and places of worship. The leadership of the new council was divided between the three main Muslim bodies: the Paris Mosque, whose representative Dalil Boubakeur held the presidency, the Union of Islamic Organizations in France (UOIF) and the National Federation of Muslims in France (FNFM).

 

Racism

           

In March, CNCDH released its report on racism and anti-Semitism, and registered an increase in the number of racist attacks. The report admitted that the statistics for racially-motivated acts of violence were far from complete, and were based on three main indicators: cases filed with the Interior Ministry, court cases and public polls. The main obstacle to collecting information was the fact that many victims refrained from filing complaints for lack of refined and trustworthy mechanisms to deal with such cases.

 

·         On 3 April, the Court of Appeal at Rennes condemned a representative of the National Republican Movement (MNR) for “provocation towards discrimination and racial hatred.”

 

·         On 23 May, the court of Alpes-de-Haute-Provence sentenced Thierry Hameau to 16 years imprisonment for killing Ghuilhermino Dos Santos for the sole reason that he was Portuguese.

 

·         In May, MRAP initiated legal action against the former actress, Brigitte Bardot, accusing her of inciting racism in her latest book Un cri dans le Silence (A Scream in the Silence), which takes on issues such as the mixing of races, immigration, the role of women in politics, and Islam. Bardot has been previously convicted on charges of racism brought against her by MRAP.

 

Refugees and Immigrants

           

Asylum and immigration were outstanding issues for France in 2003. In September 2002, the government presented a plan for reform of the right of asylum, and the 1952 law concerning asylum was amended with the adoption of a new bill on 10 December 2003. The reform shortened the delays in the asylum procedure and speeded up deportation to countries of origin.

 

In addition to the conventional type of asylum, defined in the 1951 Geneva Convention relating to the Status of Refugees, for which the French authorities use a restrictive interpretation, France offered territorial asylum. The so-called “RESEDA” law of May 11, 1998 created the territorial asylum procedure, provided by the Interior Ministry. Unlike conventional asylum, persons applying for territorial asylum did not benefit from social aid and housing.

 

The 2003 reform established a single procedure for processing applications for conventional asylum and for territorial asylum. Territorial asylum, which had been previously dealt with by the Interior Ministry, came under the French Office for Protection of Refugees and Stateless Persons (OFPRA). OFPRA became the sole authority responsible for processing and deciding on asylum applications, while the Refugee Appeals Committee became the single monitoring jurisdiction.

           

After the adoption of the draft bill on its first reading on 5 June, the French Coordination Committee for the Right to Asylum (CFDA) voiced its concerns about the proposed reform. Its main concerns were that it was restrictive and detrimental to the concept of "protection."[34]

           

In December, the CPT released its report on the visit it had carried out at Roissy-Charles de Gaulle airport on 17- 21 June 2002.[35] The aim of the visit had been to examine the situation of foreign nationals held at the airport. The report brought forth cases of ill-treatment of foreign nationals (slaps, kicks, baton blows, tight handcuffing, threats and insults) by police officers during passport controls, requests for asylum as well as attempts to force detainees to board aircraft. The CPT recommended that certain aspects of the directives concerning the forcible removal of foreign nationals by air should be completed and updated with a special focus on those techniques that are to be prohibited in all circumstances.

 

Deaths during forced deportations gave rise to serious concerns.

 

·         On 16 January, after his application for asylum was rejected, 25-year-old Somalian national, Mariame Getu Hagos, an undocumented migrant, died after being taken when ill on board an aircraft waiting for departure to Johannesburg. Despite two previously reported occasions of illness, he was deemed fit to travel and was accompanied by three border police officers to the aircraft, where he collapsed. He was taken to a hospital, where he died two days later. The circumstances around his attempts to resist deportation are not clear.

 

On 6 October, Red Cross France and the Interior Ministry signed an agreement for a six-month humanitarian assistance mission to deal with foreigners held in transit centers while waiting for a decision on their status (zone d’attente). This concerned foreigners in transit who could not reach their country of destination, people who were not admitted to enter France for lack of documents, and asylum seekers at the border. The agreement conferred on Red Cross France the right of permanent access to foreigners in transit centers enabling the organization to extend humanitarian assistance as well as psychological and judicial support. Before the signing of the agreement, eight French organizations had had only limited access to the centers, totaling eight visits per year.

 

According to Interior Ministry statistics, the number of expatriated foreigners who had  irregular status upon receiving their court decision, increased by 16% during the year. In total, 35,000 foreigners were expatriated in 2003 either because they were refused access at the border or due to a court decision.

                                        

 

 

 

 

 

 

 

 

 

 

 

 

 



[1] As reported by Human Rights Without Frontiers (IHF Cooperation Committee), February 2004. 

[2] For the most recent court judgment of 25 June 2002, see IHF, Human Rights in the OSCE Region: the Balkans, the Caucasus, Europe, Central Asia and North America, Report 2003 (Events of 2002), at http://www.ihf-hr.org.

[4] See http://www.rsf.org/print.php3?id_article=8585.

[5] Arrêté relatif à la protection du secret de la défense nationale dans le domaine de la protection et du contrôle des matières nucléaires, 24 July 2003, at http://www.legifrance.gouv.fr.

[6] See Chamber Judgements on the following cases: Rachdad v. France (Application No. 71846/01); Coste v. France (Application No..50632/99); Benmeziane v. France (Application No. 51803/99); Mouesca v. France (Application No. 52189/99); Barrillot v. France (Application No. 49533/99); Loyen and Others v. France (Application No. 55926/00); Rablat v. France (Application  No. 49285/99); Yvon v. France (Application No. 44962/98).

[7] Law No. 2003-1119 of 26 November 2003 on Issues of Immigration, Foreigners’ Stay in France, and Nationality; published in Official Journal, No. 274, 27 November 2004, at http://www.legifrance.gouv.fr.

[8] Chamber of Judgement in the case of Mokrani v.France (Application No. 52206/99), 15 July 2003; published in Official Journal, No. 274, 27 November 2004, at http://www.legifrance.gouv.fr.

[9]Presentation of reform plans by Interior Minister, at http://www.ldh france.org/actu_derniereheure.cfm?idactu=657.

[10] Projet de loi portant adaptation de la justice aux évolutions de la criminalité, adopted with modifications No.208, at http://www.assemblee-nat.fr/12/dossiers/criminalite.asp.

[11] Loi portant adaptation de la justrice aux évolutions de la criminalité, 2004-204 of 9 March 2004, published in Offivical Journal, No. 59, 10 March, 2004.

[12] See the appeal by the League of Human Rights at http://www.ldh-france.org/actu_nationale.cfl?idactu=527.

[13] Le Monde, “ Libertés publiques, IVG: polémique après l’adoption de la loi Perben,” 28 November 2003.

[14] Ibid.

[15] Ibid.

[16] Loi d’orientation et de programmation pour la sécurité intérieure (LOPSI), Law No. 2002-1094, 29 August 2002, at http://www.legifrance.gouv.fr.

[17] Loi pour la sécurité intérieure, 18 March 2003, Official Journal, No. 66, 19 March 2004, at http://www.legifrance.gouv.fr

[18] Ibid.

[20] Appeal Against the poverty, not against the poor, at http://ldh.stgermain.free.fr/dossiers/sarko.html.

[23] See interview with Patrick Marest, OIP director for Radio France, at http://www.radiofrance.fr/chaines/france-info/dossiers/dpm/index.php.

[24] See http://www.oip.org/publications/rapport_presentation.htm.

[25] See http://www.justice.gouv.fr/publicat/synthese_rapport_warsmann.pdf.

[26] Chamber judgment in the case of Henaf v. France (Application No. 65436/01), 27 November 2003.

[27] See IHF statement of 17 December 2003, at http://www.ihf-hr.org

[28] “Projet de loi encadrant, en application du principe de laicité, le port de signes ou de tenues manifestant une appartenance religieuse dans les écoles, colleges et lycées mublics,” http://www.assemblee-nat.fr.

[29] Council of Europe, “Freedom of religion and religious minorities in France,” Resolution 1309/2002, at http://assembly.coe.int.

[30] Chamber judgment in the case of Palau-Martinez v. France, (Application No. 64927/01), 16 December 2003.

[31] Law No. 2003-88, 3 February 2003, to deal with harsher penalties on acts of racist, anti-Semitic and xenophobic nature, at http://www.legifrance.gouv.fr.

[32] Emmanuel Brenner, Les Territoires perdus de la République, Fayard-Mille et Une Nuit, 2002.

[33] Annual Report of the National Consultative Commission on Human Rights (CNCDH) is due to be released in March 2004, see Le Monde, “L’intolerance à l’égard de l’islam passée au crible par la CNCDH,” Sylvia Zappi, 9 January  2004.

[34] Projet de réforme de l’asile: commentaires et recommandations, Coordination française pour le droit d’asile (CFDA), 30 September 2003, at www.forumrefugies.org.