HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF FRANCE

Human Rights Committee
10 July 2008


The Human Rights Committee has considered the fourth periodic report of France on how that State party is fulfilling its obligations under the International Covenant on Civil and Political Rights.

Edwige Belliard, Director of Judicial Affairs at the Ministry of Foreign Affairs of France, introducing the report, underscored the importance France attached to the International Covenant on Civil and Political Rights, which was used as a reference text and guideline in developing national legislation. Notable advances had been made by France in a number of areas touching on civil and political rights, foremost among them efforts to promote respect for diversity. In that regard, the newly created Academic Council for Regional Languages ensured the status and promoted the use of regional languages, and the legislation was being extended to include certain cultural practices. A number of efforts had also been deployed with a view to ensuring equality between women and men, and promotion of equality and the end of discrimination had been enshrined in law on 30 December 2004, with the establishment of a new monitoring mechanism, the High Authority to Fight Discrimination and to Promote Equality. Legislation on requests for asylum had also been simplified and improved by the law of 10 December 2003, which recognized threats and persecution by non-State actors. In addition, a single body, the Office for the Protection of Refugees and Stateless Persons, now had sole jurisdiction in asylum matters.

In preliminary concluding remarks, Rafael Rivas Posada, the Committee Chairperson, highlighted a number of ongoing concerns for the Committee with regard to France, including its reservations to the Covenant, and a lack of movement towards eliminating them; the provision which allowed for pre-charge detentions to be extended as long as four years; and the matter of security retentions. The latter were of concern as they security retentions were discretionary in nature and in practice represented additional sanctions and sentences for perpetrators who had already served their sentences. Another continuing subject of concern for the Committee was the lack of statistics on cases of racist violence perpetrated by Police officers.

Among concerns raised by Committee Experts were the length of the period of pre-trial detentions and timely access to lawyers following detention; the lack of statistics on acts of hatred and racism; deportation policies, including follow up monitoring; family reunification policies, in particular proposals to use DNA testing in that context; cases involving security retentions; and complaint mechanisms for prisoners.

The Committee reviewed the report of France over two meetings and will issue its concluding observations and recommendations at the end of the session on 25 July.

France is one of the 161 States parties to the International Covenant on Civil and Political Rights and is obligated to submit periodic reports on implementation of the provisions of the Covenant. It is also one of the 111 States parties of the Optional Protocol to the Covenant, which provides for confidential consideration of communications from individuals who claim to be victims of violations of any rights proclaimed by the Covenant and it is one of the 66 State parties of the Second Optional Protocol, which is aimed at the abolition of the death penalty.

France’s delegation also included representatives from the Ministry of Foreign and European Affairs; the Permanent Mission of France to the United Nations Office at Geneva; Magistrates; the National Human Rights Commission; the Ministry of Justice; the State Council; and the Ministry of the Interior.

The Committee will reconvene in public at 10 a.m. on Friday, 11 July, when it is scheduled to begin its consideration of the second periodic report of San Marino (CCPR/C/SMR/2).

Report of France

In the context of efforts to eliminate discrimination against women, the fourth periodic report of France (CCPR/C/FRA/4) outlines steps taken by France to raise awareness among women living in overseas departments, regions and territorial communities, including adding a number of new provisions on protection of women to local employment codes. In addition, it looks at the measures put into effect in the civil service to promote gender equality and to get more women into executive posts. The proportion of women designated by the administration to sit on joint administrative boards was 38.4 per cent in 2002, while women accounted for 30 per cent of the membership of joint technical committees and 38 per cent of members of panels. The long-term plans to improve women’s access to executive jobs and posts in the State civil service are being updated. As for eliminating the gender wage gaps, the Equal Pay Act was adopted on 23 March 2006. Developed at the President’s request, its purpose is to consolidate, within Europe, the French social model built on a high rate of female employment and a high birth rate. The Act reconciles the aim of growth and employment with the need for justice and social harmony, helping to modernize French society.

On the issue of disciplinary measures taken against law enforcement officials, the report notes that when complaints are made against law enforcement officials, the public prosecutor can ask the Office of the Inspector General of the National Police to conduct an investigation. Such investigations involve all appropriate checks, interviews, the collection of witness statements and visits to relevant locations. In 2005, out of 2,936 disciplinary measures taken against police officers, 96 were for proven acts of violence and 16 resulted in the dismissal of the officers concerned. Aside from investigations carried out at the request of the judicial authorities, the Office of the Inspector General can, directly or indirectly, initiate an investigation into allegations of violence and, if the allegations are substantiated, the Office reports the matter to the judicial authorities. In 2005 the Office examined 1,535 case files, including 663 allegations of violence, 565 of them involving minor assault. These 663 complaints should be viewed in relation to the number of persons against whom proceedings were brought by the national police in 2005 (750,473 – a ratio of 0.088 per cent and down by more than one eighth compared to the figure of 0.101 per cent for 2004), and the number taken into police custody (404,085 – a ratio of 0.164 per cent, also down by more than one eighth on the 2004 rate of 0.188 per cent). These figures are evidence of a positive trend, since they point to a significant drop in the number of complaints of violence, as well as in the severity of alleged acts of violence (a higher proportion of minor assaults), notwithstanding the marked increase in the number of prosecutions brought and of persons on remand (up by 4.57 per cent and 5.15 per cent, respectively).

Presentation of Report

EDWIGE BELLIARD, Director of Judicial Affairs at the Ministry of Foreign Affairs of France, introducing the report, underscored the importance France attached to the International Covenant on Civil and Political Rights, which was used as a reference text and guideline in developing national legislation. The Government’s commitment in that regard had been demonstrated by its recent ratification of the Council of Europe Convention on Action against Trafficking in Human Beings, and the its efforts in helping to elaborate the European Council’s Convention on the Protection of Children against Exploitation and Sexual Abuse.

Ms. Belliard underscored that notable advances had been made by France in a number of areas touching on civil and political rights. Foremost among them had been efforts to promote respect for diversity. In that regard, the newly created Academic Council for Regional Languages ensured the status and promoted the use of regional languages, and the legislation was being extended to include certain cultural practices.

A number of efforts had also been deployed with a view to ensuring equality between women and men, Ms. Belliard continued. In particular, the Legislature had intervened to ensure that certain laws in the Overseas Territories that were incompatible with the principle of equality between men and women were abolished. Moreover, in April 2006, the Government had brought into effect the alignment of the legal age for marriage of women with that of men, and the law of 23 March 2006, on equal pay for men and women, had led to reform of the Constitution. In a cross-cutting way, the fight for and promotion of equality and the end of discrimination had been enshrined in law on 30 December 2004, with the establishment of a new monitoring mechanism, the High Authority to Fight Discrimination and to Promote Equality.

France had also undertaken measures to improve safeguards for individual’s rights in areas where the State had the greatest powers, Ms. Belliard noted. In that respect, efforts had been made to improve conditions for asylum-seekers. Legislation on requests for asylum had been simplified and improved by the law of 10 December 2003, which recognized threats and persecution by non-State actors. In addition, a single body, the Office for the Protection of Refugees and Stateless Persons, now had sole jurisdiction in asylum matters. Then, in November 2007, suspensive orders had been introduced to provide a recourse for asylum-seekers who had been denied entry at the border. The situation of foreign detainees had also been the subject of scrutiny, and monitoring mechanisms set up, such as the National Commission for the Monitoring of Holding Centres and Facilities and Waiting Areas, established in November 2003, to ensure respect for the rights of foreigners held there and respect for the rules governing hygiene, sanitation, amenities and equipment in such holding centres.

In conclusion, Ms. Belliard underscore that the report submitted had been completed with consultations offering all ministries and branches of government input into the process. The central coordination role in that process had been played by the National Human Rights Advisory Commission, which included a number of civil society groups. That demonstrated France’s desire to work ever more closely with its independent partners and civil society in ensuring the necessary vigilance and oversight of human rights guarantees in the country.

Replies by the Delegation to Written Questions by Experts

Counter-Terrorism Measures And Respect For Rights Guaranteed In The Covenant

Responding on the issue of anti-terrorism legislation, the delegation said the definition of terrorism and terrorist acts under French Law included two elements, the commission of a crime as defined in the Criminal Code and the intention to terrorize. Such crimes were adjudicated by a special court made up of special magistrates. Regarding detention for terrorist suspects, the maximum time of detention could be extended in special circumstances, such as circumstance where imminent threat was found, to extend the six-day period. However, the national legislation in this area was fully compatible with the Covenant.

Placement in pre-trial detention was only possible for specific cases, to avoid pressure being put on witnesses and if there was a risk of the crimes being renewed, the delegation said. The period of detention could be extended to four years in the case of terrorist crimes. Individuals had been able to appeal. A request to be released could be made and a judge had to respond within four days. Those rights were enshrined in article 14 of the Covenant.

Equality Between Men And Women, And Principle Of Non-Discrimination

The delegation noted that there were multi-year plans to promote women’s access to executive jobs and posts in the Civil Service, which had been signed off on by all ministries as from 2000. Different proposals were under way to assist families in family planning and childcare, to help balance work life and family life.

On harassment, the Criminal Code penalized harassment aimed at obtaining sexual favours. The penalties were one-year imprisonment and a fine of 15,000 euros. Act number 2002-73 of 17 January 2002 eliminated the conditions whereby a relationship of authority had to exist between the perpetrator and the victim. The offence of harassment might be reported when one was not the other’s subordinate, for example where the teacher was the victim of harassment by a student. Data on instances of violence against women had been collected by various bodies, and was regularly the subject of studies. For example, according to a 2006 study by the Ministry of the Interior, 137 women had been killed as a result of spousal abuse.

Regarding protection and rehabilitation for victims of sexual violence, women and victims of abuse had been given priority for housing; and 115 shelters had been set up to provide support for such victims. Public awareness campaigns had also been conducted, and were included in the three-year comprehensive plan of 2008-2010 in this area.

Right to Life, Prohibition of Torture, Treatment of Prisoners And Other Detainees, Prohibition of Discrimination

The delegation said that the members of the Gendarmerie were trained and instructed to respect and ensure that others respected French legal norms and the fundamental principles embodied therein, particularly during the pre-trial phase in criminal proceedings, beginning with remand in custody. The initial training of Gendarmerie officers and non-commissioned officers included a total of 25 hours devoted to professional and personal ethics. The signing, in December 2007, of a protocol between the High Authority to Combat Discrimination and Promote Equality and the National Gendarmerie, together with the distribution to all members of the Gendarmerie of a document entitled “Punishing discrimination”, testified to the Government’s determination to combat the phenomenon.

The most recent in-depth studies on prisons were the parliamentary inquiries of 2000, the delegation said. In addition, a non-governmental organization, with assistance from the Office of the Ombudsman of the Republic, had sent out a questionnaire to all prisoners in 2006. Out of 61,000 recipients, a total of 15,000 responded. The Committee for the Prevention of Torture of the Council of Europe, following a visit in 2006, had also made a number of recommendations on the subject.

With regard to overcrowding in prisons, as of 1 May 2008, there were 50,746 places for 63,645 prisoners, the delegation reported. Major efforts have been made to renovate prisons and increase the number of spaces. The number of places had risen from 34,200 in 1987 to 50,500 in 2007.

Concerning prison monitoring, in 2006, the National Committee on Security and Ethics had noted that, since its establishment, it had recorded 71 cases concerning prison administration, and that, every year the number of cases has increased – from 3 in 2001 to 22 in 2006. It was noted that an increase of inter-prisoner violence and suicide had risen in the prison system.

Prohibition of Slavery

The delegation said that the Government was resolutely pursuing a policy of combating all forms of trafficking in persons and supported the activities undertaken in this area by international organizations. The Government considered implementing an abolitionist policy, in conformity with the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, approved by the United Nations on 2 December 1949 to combat prostitution. Provisions in the Criminal Code had been used to punish persons who benefited from the services of the victims of acts relating to trafficking in persons, notably for purposes of sexual exploitation.

In the case of the prostitution of minors, an Act of 4 March 2002 criminalized procuring committed with respect to a minor and established a penalty of 15 years’ imprisonment. In parallel with these activities, the public authorities had resolutely pursued action to combat child pornography and cybercrime, the delegation added.

Expulsion of Aliens

The delegation said that, in French law, in conformity with the principles established by the international conventions in this area, the deportation of a foreigner, regardless of the reasons, could be ordered only after an individual examination of the situation. Each case was subject to an individual and specific examination by officials in the immigration offices of the various prefectures, pursuant to the regulations in force and with due respect for the provisions of the relevant conventions. A distinction was made between deportation orders issued on the ground of unlawful residence and expulsion orders issued for reasons of public order.

Expulsion orders and escort-to-the-frontier orders for unlawful residence could be ordered only for reasons established by law and could not be issued with respect to so-called “protected” persons, such as under-age children, persons who could prove lengthy residence in France or clear French family links, or those who were in specific situations, such as the disabled or sick. It was noted that, asylum-seekers might not be deported until the Office for the Protection of Refugees and Stateless Persons, and the National Court on the Right of Asylum, had reached a decision on their refugee status. A foreigner who was subject to such an order had been given the possibility of appealing to the administrative tribunal for its annulment.

Oral Questions by Committee Experts

An Expert asked the delegation why it was necessary to maintain the reservations on the large cut-out powers granted to the President and the reservations made in the area of military justice. A serious concern was the ability to impose a pre-charge and lawyer-less detention for a period of 72 hours. That time period was too long and as such should be changed to meet international standards on periods of detention without representation or conviction. In that regard, France was asked to provide statistics on how many detainees were acquitted if charged, how many were not charged, how long after detention they were released if not charged and what were the types of charges detainees faced.

A request was made for anecdotes of cases in which the provisions of the Covenant had been invoked before and by the courts, and to what effect.

Other questions were raised by Experts on the issue of tightening controls and punishments for law enforcement officials who had committed offences against foreign citizens; on measures for increasing posts for women; how the Government promoted gender equality for immigrant women; measures to deal with the customary law prevalent in the Overseas Territories; the creation of an underground prison in Marseille; the rise in domestic abuse; and the possibility of retaining persons in custody who had already served their time.

Responses by the Delegation to Oral Questions

Responding to the questions just put by Experts, the delegation said that the reservation made on the powers granted to the President were in harmony with article 16 of the Constitution, which could only be triggered in extreme cases where for example there was an immediate threat to the nation.

Concerning professional equality between men and women, the feminization of jobs in France was a priority, the delegation said. Although women represented half the population of the country, only 36 percent of professionals were women and they were overreprepresented in the sector of part-time work. Salary equality between men and women had been addressed at the Tripartite Conference, which had brought together trade union representatives and community members in an effort to continue to decrease the gap between salaries. The Government had set December 2009 as the deadline to eliminate the gap between men and women’s salaries, and if a company did not comply, financial penalties applied starting in 2010.

As far as women from immigrant families were concerned, since 2002 the Government had implemented a reform policy, which included the drafting of legal guides and guidelines to help those women understand their rights and how they could get their rights realized. In order to facilitate access to jobs, steps had been taken to assist women in overcoming challenges of dual discrimination. The delegation noted that a study was already under way which included consultations with women affected, to establish recommendations.

Statistics had confirmed the strong need for the Government to remain committed to establishing policy to combat violence against women, the delegation continued. A number of women had already reported their cases through a new telephone hotline. In addition, a new awareness campaign had been launched in Fall 2008 to raise awareness on this ongoing issue.

The delegation said that the Covenant had been specifically evoked in a number of cases in France, and the types of cases had been quite varied.

Concerning measures to prevent abuses by the police, there were a number of training programmes and exercises completed by the Police. With regard to cases of abuse of power, between the years 2005 and 2007 there had been an increase of 59.5 percent of such cases brought. However, an analysis of the data had shown that that increase was owing to increased vigilance on the part of the police to punish all proven of wrongdoing. The police had taken these cases seriously.

The delegation said that in the cases of the removal of foreign residents who were under threat, French authorities had taken into account the situation of particular groups of people before they were expelled from the country to be sent to their country of origin. The authorities first investigated the situation of the individual, their activities, their relation with the authorities and they were only removed when such removal did not pose a serious threat to the well-being of that individual. There were controls granted to the judge presiding over these cases, and the judge exercised an integral and in-depth control which took into account all the allegations relating to the person.

With regard to custody and pre-trial detention, the delegation noted that in France lawyers were never present during the interrogations during the custody phase. The decision on whether to impose a prolonged detention was issued by a judge, on the basis of reasonable suspicion. It was also the judge of first instance who decided on pre-trial detentions. The detainee could appeal such decisions. While it was true that the pre-trial period was long, it was monitored very carefully, and statistically such detention periods were shorter and shorter. However, when the cases involved complicated terrorist networks, the process had been much longer. A commission had been set-up in the country where the individuals who had been detained were able to appeal the decision to detain them.

With regard to blindfolding individuals during interrogation, the delegation affirmed that that did not take place in France. That was not a known practice. The delegation was greatly concerned to hear that such a case had been reported to the Committee, and requested further facts and details.

With regard to the retention of individuals for security purposes after they had served their sentences, there was a psychiatric and multidisciplinary commission that ruled on such cases. Expert opinions were sought to assess the level of danger of the individual. Subsequently, judicial officials, the experts, and the counsel were all involved in consultations on whether the individual should be retained. The delegation said that those measures were reviewed after two years and after the sentence had been served, if their was a request for retention of an individual.

With regard to the prison system, an enormous effort had gone into the refurbishing of the prison system and the management of the systems with the introduction of electronic tags and the extension of probation, the delegation emphasized. Further, there were numerous provisions within French law for detainees to make complaints or offer suggestions, and request for pardon at anytime. Detainees could also address complaints to the judicial authorities in the form of visits or private letters, in which no prison authority was privy to read or to be aware of such information.

With regard to police violence, the National Commission on Security Ethics was an additional mechanism to report on wrongdoing by the Police. Complaints could be lodged with the Public Prosecutor, and in the case where the Public Prosecutor did not act appropriately, a complaint could be lodged directly before a magistrate. The National Commission on Security Ethics had been created to avoid one body being inundated with complaints.

Further Responses by Delegation to Written Questions by Experts

Right to A Fair Trial

One of the aims of the ongoing reform of the Supreme Council of Justice was to ensure the independence of the judiciary, the delegation observed. Under the reforms, the President of the Republic and the Minister of Justice were no longer ex officio members of the Supreme Council; the composition of the Council was more open to society; and its powers of appointment had been broadened. The reform had made it possible for a better guarantee of the rights of person who had been subject to trial to refer disciplinary matters to the Council when they had considered themselves victims of a judge’s negligence or misconduct. Further. on 22 February 2008, the Minister of Justice had launched the reform of the National College of Magistrates. The purpose of that reform was to modernize the training of magistrates and to diversify recruitment methods. These were just a few examples of the reforms that had been implemented in this area.

Right To Privacy, Right To Freedom Of Religion, Opinion And Expression, Protection Of The Family

The acts adopted in 2003 and 2006, supplemented by Act No. 2007-1631 of 209 November 2007, had made it possible to improve the procedure for family reunification, in observance of the constitutional and treaty-based right to lead a normal family life and for the European directive on family reunification, the delegation said. For example, the law required that aliens prove that they had suitable accommodation and sufficient personal resources, which should be at least equivalent to the minimum wage. The Act of 20 November 2007, moreover, introduced a condition concerning resources that took into account the size of the family. With the creation of a welcome and integration contract, which had been compulsory since the adoption of the Act of 26 July 2006, persons who settled in France had the tool which enabled them to learn French and receive a civic education on the values of the Republic.

As a secular republic, France respected all beliefs, whatever they might be, in accordance with its constitutional principles and its international commitments. No one could be harassed because of his or her opinions, particularly religious opinions. For example, a child custody measure could not be taken on the basis of the parents’ religious convictions, but had to be based solely on the best interest of the child.

The actions taken by the Government were dictated by a concern to reconcile the activities of certain groups that exploited the subjection, physical or psychological, of their members, with respect for public freedoms and the principle of secularism. It was left to the State to maintain particular vigilance concerning any organization that could have a dangerous hold on the individual freedom of its members, in order to be prepared to identify any action that might be classified as criminal or, more generally, that appeared to be contrary to laws and regulations. In accordance with the provisions of the Covenant, restrictions on freedom could be contemplated only when acts or behaviour caused serious harm to human dignity or public safety.

Further, there had been the adoption of numerous legislative innovations to strengthen the suppression of all forms of racism and anti-Semitism, particularly Act No. 2003-88 of 3 February 2003 on the toughening of punishment for racist, anti-Semitic or xenophobic offences, the delegation pointed out. The inclusion in training programmes for judicial officers and the involvement of the police and national gendarmerie services were other such examples. It was noteworthy that there had been a notable decline in the total number of racist, xenophobic and anti-Semitic acts in 2007. In 2007, 707 racist, xenophobic or anti-Semitic incidents had been recorded, as compared with 923 in 2006, representing a decline of 23.5 percent.

Right To Take Part In Public Affairs, Non-Discrimination, Protection Of Minorities

The delegation said that France did not recognize the existence of national minorities which had legal status as such, and considered that the application of human rights to all the nationals of a State, in a spirit of equality and non-discrimination, normally gave them, whatever their situation, the full and comprehensive protection which they might expect. The practical effect of that concept was that the affirmation of an identity was the result of a personal choice, not of applicable criteria defining one group or another priori.

The fact that the legal status of minorities was not recognized did not prevent the application of many policies designed to assert France’s cultural diversity and supported individual choices in the field, the delegation continued. In the field of education, for example, while mastery of the French language, which was considered as a prime tool to ensure equal opportunities, constituted a priority challenge, various measures had been adopted to take linguistic diversity into account. The teaching of original languages and cultures was organized in schools, where classes were taught either during the school day or outside it. Further, the teaching of regional languages enjoyed the status of a specific subject.

The delegation said that the French law allowed effective prevention in cases of statelessness. In the cases of a child born in France of unknown parents, a child born in France of stateless parents, or a child born of foreign parents who could not transmit their nationality to the child, all of those children were considered French

The delegation said that the Government has assigned priority to efforts to combat discrimination and promote diversity in the private sector. In 2006, the National Agency for Social Cohesion and Equal Opportunities had been set up. The task of that public institution was to apply Government guidelines in relation to urban policy, integration, and efforts to combat discrimination and promote equal opportunity. It also urged social partners to negotiate on diversity and pursued a programme of action and partnership with enterprises and institutions in the economic world. Over 2,000 corporations had signed the Diversity Charter, an awareness-promoting tool which enabled businesses to demonstrate their commitment to diversity and against discrimination.

The delegation said that it was not constitutionally possible to undertake a statistical study based on the origin of beliefs of the various elected officials. The French Republic, which was one and indivisible left universal suffrage that task of determining which citizens were called on to take a seat in the National Assembly. Racist attitudes which had appeared in political speeches or in the press were subject of prosecutions on the basis of the following offences: Public abuse or a racial nature; public slander of a racial nature; public provocation of racial or religious hatred or violence and denial of crimes against humanity.

Further Oral Questions from Committee Experts

In a second round of questions, Experts asked for more information relating to the family reunification policies for immigrants and on proposals that DNA testing be undertaken to determine family status. Regarding religious freedom, Experts noted that there was extreme pressure placed on the individual’s choice to wear religious attire and it was asked if the State party would further address the strategies in place to deal with the issue. One problem posed was that there was very little data, because there were no minorities in the context of French traditions and as such there was no data to show what was the reality on the ground. Experts asked if someone could easily gain access to his or her file with respect to the DNA databases established by the State. Also, given links between databases, what guarantees, steps or measures could be taken by innocent individuals from having their DNA information shared?

It would be helpful for France to reconsider a number of laws, including the one that prevented such statistics from being gathered, since the state of affairs in the county had changed significantly since 1789. To get beyond race there needed to be recognition of race. If there was an interest in real equality, France had to consider the recognition of all members of society for their individual identities.

Further questions included a request for information on the composition of the Supreme Council of Judiciaries; what were the penalties for judicial misconduct; the number of times judges had been disciplined; whether the National Commission on Human Rights carried out education on human rights or other awareness-raising activities for the public; and what steps had been taken by the Commission in promoting human rights.

Further Responses to Oral Questions by the Delegation

Responding to these questions and others, the delegation said regarding family reunification using DNA, that that procedure was only used with the consent of the individuals concerned. It was a pilot project and had not been implemented yet. These were tests, not a database of genetic material. There was no interconnection or link used between criminal databases and DNA testing.

Regarding the situation in the banlieue, the Hope Neighbourhood initiative was aimed at urban renewal: to better integrate shops, services and housing, and to favour the diversity of people living in those areas. A number of incentives have been established for children to access better forms of education. The autonomy contract had been set up to help young entrepreneurs to pursue their ventures with interest-free loans, and looked to promote positive engagement and activity within the community.

With respect to the law of 2004 regarding the wearing of the veil, the delegation said it did not apply to universities. It was aimed at protecting individuals starting at the primary school level up to the level of the baccalaureate. It was noted that the concept of the protection of individuals’ identity was a very deeply rooted principle in France. The law was intended to protect these individuals who were at an age where they were viewed as being particularly vulnerable. Wearing a veil was not forbidden on the streets of Paris or any other streets in France.

The question of racism and combating racism was the subject of more and more contention, the delegation observed. It was noted as being present within the school system and in the minds of all nationals on a daily basis.

Protection of personal data was a sensitive issue. Such data could not be kept for a period longer than that for which it was needed and had been extracted for specific needs. Everyone had the right to know what information was present in the database and could request such information. The data could not be of an excessive nature and had to be used for the purpose in which was intended, the delegation underscored.

Concluding Remarks

RAFAEL RIVAS POSADA, Chairperson of the Human Rights Committee, said that among the ongoing concerns for the Committee were France’s reservations to the Covenant. France had not shown any movement towards eliminating those reservations, and there was a need to continue to address the reservations with an aim to reducing them.

France should also consider lifting the provision for which allowed for pre-charge detentions to be extended as long as four years, Mr. Rivas Posada said. The Committee required a more convincing response regarding the measures than that they were needed in combating terrorism. The matter of security retentions were also at issue, as that measure was discretionary in nature and in practice represented additional sanctions and sentences for perpetrators who had already served their sentences.

Another continuing subject of concern for the Committee was the lack of statistics on cases of racist violence perpetrated by Police officers. With regard to the incitement of hate and racism, the current law, which dated back to 1881, was not able to handle the challenges faced in the country today. Mr. Posada concluded by thanking the delegation for its cooperation, its detailed answers and the constructive dialogue they had had today.

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