| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: FRANCE HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
FRANCE
France is a democratic republic with constitutional provisions
for human rights, freely functioning political parties, regular
elections, and universal suffrage.
The military and security apparatus consists of the three
traditional military services, a 91,000-strong gendarmerie
(national police/paramilitary force), and police forces in
major cities. These forces are under civilian control and
generally are highly professional.
France has a developed and diversified economy and a skilled
labor force. It has substantial agricultural resources and a
modern industrial system based on a mixture of public and
private enterprises.
The authorities generally respect human rights and civil
liberties, which are provided for by the 1958 Constitution.
Instances of individual wrongdoing by police or other officials
are generally investigated and dealt with according to law.
Responsibility for encouraging respect for human rights in
France and its overseas departments and territories is shared
among several senior officials, including the Minister of State
for Social and Urban Affairs; the Minister of Foreign Affairs;
and the Minister-Delegate for Humanitarian Action and Human
Rights.
The Government has consistently condemned and pursued
perpetrators of sporadic acts of violence against ethnic and
religious minorities and of discrimination against such groups.
In 1993 a lively debate arose over how best to control illegal
immigration while preserving fundamental human rights and civil
liberties. The final text of the constitutional amendment
(ratified in November) to accomplish this reform preserves the
basic right to political asylum. However, under its terms the
Government will no longer be obligated to review requests from
individuals whose applications have already been reviewed and
rejected by other European Community members that have signed
the intergovernmental Shengen Accord, aimed at promoting the
free movement of people among the signatory countries. Some
human rights groups, including the French chapter of Amnesty
International, criticized the removal of the obligation to
consider all requests for political asylum.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
French authorities do not engage in political killing. In
instances of extrajudicial killing from excessive use of force,
there are well-established means for legal redress. In April
there were three instances in which police officers apparently
used excessive force in the shootings of three minority
suspects, two of which resulted in fatalities. In these cases,
one policeman was charged with involuntary manslaughter, one
with voluntary manslaughter, and the other remains under
investigation. None of these three cases was concluded by
year's end.
b. Disappearance
French authorities do not engage in abduction or secret arrests.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture or cruel, inhuman, or degrading treatment or punishment
are forbidden by law and are generally prosecuted. In the
occasional instances of alleged police brutality,
administrative and judicial mechanisms exist for determining
guilt and punishing transgressors.
The Council of Europe Commission on the Prevention of Torture
released a report in January urging the Government to tighten
its procedures to protect those in custody. The study,
conducted in 1991 with the Government's cooperation, found that
suspects ran a "not inconsiderable risk of being mistreated"
while in police detention. According to the report,
mistreatment included such abuse as detainees being struck by
fists, subjected to psychological pressure, and denied food or
medicine. At the same time, the Commission said that it found
no indications of serious mistreatment or torture. The report
also criticized two prisons, at Nice and Baumettes, for being
overcrowded and lacking activity programs. It concluded that
prison conditions were inhuman and degrading. The Government
responded that, since the report's release, it had reduced
overcrowding at both prisons and had opened a new prison near
Nice.
d. Arbitrary Arrest, Detention, or Exile
French law provides for freedom from arbitrary arrest and
imprisonment. No direct equivalent of habeas corpus exists in
the legal system, but cases must be referred to a magistrate
for investigation within 4 days; 2 days for drug and terrorism
cases.
A Penal Code introduced in 1993 is intended to strengthen the
rights of the defendants. Under the Code, suspects are
required to be informed of their rights in a language they
understand. The Government published an explanatory brochure
in eight languages to be given to those in custody. The Code
guarantees a suspect the right of immediate access to a
physician and access to an attorney within 20 hours,
immediately in the case of those below the age of 16. Pretrial
confinement in the case of felonies is not limited. This
pretrial period can be lengthy, depending upon the seriousness
and complexity of the case. Evidence is gathered and assessed
by an independent examining judge. Defendants are free to
request and present evidence during this investigatory period.
The judiciary plays a determining role in the detention
process. French authorities are not reported to have detained
any person for political reasons. No provisions for exile
exists.
French judicial practice in narcotics cases commonly assesses a
"customs fine" in addition to a jail sentence. These fines are
based on estimates of the "value" of the contraband and tend to
exceed by far any financial assets of the convicted smuggler.
Upon conclusion of the mandated jail sentence, a prisoner is
not released unless he has paid the fine. Those who cannot pay
the fine--the bulk of those affected--are then kept in
detention under a legal stipulation that might reasonably be
considered arbitrary. The length of the detention is not
specific but depends on the whims of customs officials, who use
the threat of continued detention to extract the largest
possible partial settlement from the detained prisoner and his
or her family. The upper limit of such detention is 2 years.
e. Denial of Fair Public Trial
The right to fair public trial is provided by law and respected
in practice. The new Penal Code reinforced the presumption of
innocence by introducing several major innovations. The
concept of indictment, which in France was often incorrectly
viewed as synonymous with guilt, was abandoned. Further,
should the State determine that there is insufficient evidence
to bring charges, a suspect may demand publication of that
decision in newspapers or on television.
For misdemeanors, pretrial confinement--which is very rare--is
limited normally to 4 months, with extensions in special
circumstances of approximately 8 to 12 months. Although all
drug-related crimes are technically classified as misdemeanors,
those convicted of serious narcotics offenses are subject to
penalties otherwise reserved for felonies.
Those found guilty of some drug offenses may be sentenced to up
to 20 years' imprisonment. Trials are normally open and
public, but provisions exist for the defense to request a
closed proceeding. All felonies are tried before juries, and a
defendant does not have the right to refuse a jury trial. The
press has free access to records of court proceedings, although
the prosecutor may not disclose information about cases being
tried or investigated.
French law provides for the right of appeal for those convicted
of misdemeanors. Those convicted of felonies may appeal to the
Court of Cassation only on procedural grounds.
The 1992 Country Report cited a case in which the former
National Assembly President was accused of influence peddling
in his former capacity as Socialist Party treasurer. The
official subsequently filed suit against the judge, claiming
that the indictment was politically motivated. That case had
not been heard at year's end; the official was reelected to
public office.
France has no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
French law provides for freedom from invasion of privacy, and
this freedom is respected in practice. The search of a private
residence may be carried out by police if there is reason to
believe a crime is taking place within. The search may be
carried out only between 6 a.m. and 9 p.m., except in special
circumstances, such as in drug cases, when the search may be
undertaken at any time. Telephone conversations may be
monitored by authority of a court order in conjunction with
criminal proceedings. However, no court order is required in
national security cases.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are guaranteed by law and respected
in practice. Newspapers and magazines are free of government
control and present views ranging across the political
spectrum. Under French law, high government officials may seek
to sue media representatives for defamation. In practice, this
provision is rarely invoked and does not interfere with free
expression. There are three state-owned and three private
television networks, in addition to private cable channels.
Hundreds of private radio stations offer a wide array of
independent, uncensored programming in French and several other
languages. No censorship of books or other publications
occurs. Academic freedom of expression is respected in both
public and private academic institutions.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is widely
respected, although--except for a specific reference to trade
unions--it is not mentioned in the Constitution. Groups
wishing to organize public meetings, protest marches, or
demonstrations must declare their intent to do so to local
authorities. Normally these authorities raise no objection to
either political or nonpolitical gatherings. While the
decision to deny permission for a demonstration rests within
the discretion of local officials, a denial may be appealed to
the Council of State. Private associations, whether political
or apolitical, must register with the prefecture in the
department in which they are established, but they do not
require the prefecture's authorization to exist. Such
registration is considered routine in France. Informal
associations, such as those without officers, bylaws, or dues,
need not register.
c. Freedom of Religion
All religions are tolerated. Roman Catholics are by far the
largest religious group. Separation of church and state is
guaranteed by law, although both private and parochial schools
receive substantial subsidies from the Ministry of National
Education. In keeping with the secular nature of French public
school, it is forbidden to wear religious symbols. This law
conflicts with the desire of some Muslim girls to wear
headscarves, and four girls were denied entry to one school for
insisting on wearing the scarves. Some Muslim groups
consequently claimed that the girls were being denied the right
to practice their religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law provides for freedom of internal movement, foreign
travel, emigration, and repatriation. All lawful resident
aliens, including refugees, may undertake foreign travel and,
in most instances, return to France.
France has a long history as a haven for refugees and political
asylum seekers. Thus, there was considerable debate concerning
a proposed law designed to control illegal immigration. A key
element of the law would have permitted France to refuse asylum
requests from individuals whose cases had previously been
reviewed and found without merit by other European Community
signatories of the Schengen Accord. After the Constitutional
Court ruled in August that this measure was unconstitutional,
the Government decided to initiate a revision that will
preserve the basic right of political asylum while bringing the
Constitution in line with the Schengen Accord. The revision
was adopted by the French Government in November.
In another action reflecting France's growing concern about
illegal immigration and asylum abuse, the Government approved a
law in May amending France's nationality code. The measure
restricts the right of those born in France of non-French
parents to claim French citizenship. Previous law provided
that citizenship be immediately accorded to those born in
France when they turned 18. Under the new law, which applies
retroactively to those born before its enactment, applicants
will have to apply for citizenship when they are between 16 and
21 years of age. It is expected that the new provision will be
largely a bureaucratic formality, except for those applicants
who have been convicted of major crimes and could thereby be
ruled ineligible for citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
French citizens have the right and ability to change their
government by peaceful means, not only through the election of
the President, the National Assembly, and local officials, but
also through amendment of the Constitution by means of national
referendum.
While the French do not entirely accept the notion of
"indigenous" peoples, an attempt is made to take local
traditions into account within the administration of some
French overseas territories where distinct ethnic groups have
preserved such traditions and customs.
Varying special statutes--applicable to all citizens resident
within the respective territories, regardless of ethnic
origin--govern the "collective territory" of Mayotte and the
territories of French Polynesia, Wallis and Futuna, and New
Caledonia. The citizens of these territories determine their
legal and political relationships to France by means of
referendums.
In spite of differences in their respective administrative
statutes--and resulting differences in local government
entities--French citizens within the territories participate
fully in the political process, electing both deputies and
senators to the French Parliament. All French citizens who
have reached the age of 18 may vote, except for most convicted
criminals, bankrupt persons, and persons certified to be
mentally incompetent. These provisions are fully respected in
practice.
Within France itself, the Government has over the years granted
greater local autonomy to the Basques and to Corsica, while
resisting isolated calls for independence.
The French President (who serves as Head of State) is directly
elected every 7 years through a system of universal suffrage.
France has a bicameral parliamentary system with a National
Assembly and a Senate. Representatives to the National
Assembly are directly elected every 5 years, unless the
Government is dissolved, in which case elections may be called
sooner. Senators are elected through a system of indirect
elections and serve 9-year terms. Voting is by secret ballot.
The Prime Minister (Head of Government) is selected from the
parliamentary majority by the President.
France has an open multiparty system. National legislative
elections in March replaced the Socialist government, elected
in 1988, with a center-right coalition. A wide variety of
political parties compete freely in regularly scheduled
national and local elections. Many special interest
groups--business, labor, veterans, consumer advocates,
ecologists, and others--organize freely and regularly support
candidates for elective office.
There are no restrictions in law on the participation of women
in government and politics. Women are active in all facets of
French politics but political and social tradition has resulted
in lower percentages of women than men being elected to public
office, especially at the national level. In 1993, 3 of 30
cabinet members, 16 of 320 senators, and 35 of 573 deputies in
the lower house were women. In an effort to advance women's
political prospects, some parties have established quotas to
guarantee women a certain number of positions on electoral
lists or in party management.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A wide variety of local and international human rights
organizations operate freely in France. The French National
Consultative Commission on Human Rights, which monitors
complaints and advises the Government on policies and
legislation, is an independent body within the Prime Minister's
Office.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Statutes ban discrimination based on race, religion, sex,
ethnic background, or political opinion.
Women
The Government strongly condemns and vigorously attempts to
prevent violence and abuse against women, and such violence,
including wife beating, is prohibited under the Penal Code. In
1992 a law was added to the Code providing penalties of up to 1
year in prison and up to approximately $20,000 in fines for
supervisors convicted of sexually harassing employees.
While the law requires that women receive equal pay for equal
work, this requirement is not met in many cases. Women's
rights groups actively lobby for full implementation of equal
rights statutes and seek solutions to the increasingly
publicized phenomenon of violence against women.
Children
The Government devotes a significant portion of its
expenditures to children's welfare. In addition to direct
expenditures for health and education, it assists families with
children through a number of allowances. Some, but not all,
allowances are based on family income. There are strict laws
against child abuse, particularly when committed by a parent or
guardian. Associations exist to help minors seek justice in
cases of mistreatment by parents.
Under a law that prohibits harming children, the Government has
brought criminal charges against those who perform female
genital mutilation, Over the past 10 years, there have been
15 trials involving more than 30 families. In November the
Government launched a public information campaign against the
practice, which included hanging posters in maternity clinics,
doctors' offices, social centers, and public housing that
warned female sexual mutilation is punishable by imprisonment.
National/Racial/Ethnic Minorities
Anti-immigrant sentiment continued to provoke incidents of
racism, including occasional attacks by "skinheads", directed
at the large Arab/Muslim and black African immigrant
communities, as well as at the Jewish population. The
Government and a wide spectrum of public opinion have
consistently condemned such incidents. The law since 1991 has
required that the National Consultative Commission on Human
Rights publish an annual report on "The Struggle Against Racism
and Xenophobia." According to the latest report, issued in
March, that polls indicated that 89 percent of French citizens
interviewed believed that racial discrimination was a "fairly"
or "very" widespread problem in France. The report also found,
however, that the actual number of racial and anti-Semitic
attacks had fallen in comparison with the previous year.
In September the Minister of Interior announced the creation of
a national organization charged with fighting racism.
Coordinated by the Interior Ministry, the group is to include
government Cabinet ministers and members of the National
Assembly as well as representatives from churches and
antiracist organizations. The effort is to include similar
organizations at the department level. The Minister of
Interior at the same time called for a ban on neo-Nazi and
other racist organizations. At year's end, no governmental
action had been taken on this recommendation.
Arbitrary identity checks by French police officers of members
of minority groups sometimes have a tendency to transform
blacks and people from the Maghreb countries into "suspects."
While any individual in France is subject to identity checks,
some human rights groups claim that members of minorities are
stopped for questioning more frequently than those of
nonminorities.
The Government seeks to encourage immigrants to adopt French
traditions, laws, and language. Anything that emphasizes
cultural and religious differences, e.g., the wearing of
headscarves by Muslim schoolgirls (see Section 2.c.) is seen as
working against integration and French cultural homogeneity.
The French assert the primacy of the French language in the
educational system.
Religious Minorities
A number of Muslim and Jewish graves were desecrated during
1993. Approximately 20 arrests were made.
In February President Mitterrand issued a decree establishing a
National Remembrance Day in memory of anti-Semitic persecution
committed under the Vichy Government of 1940-44. President
Mitterrand resisted calls to issue an apology to French Jews on
the grounds that the Vichy regime was not the "true" French
government during the war, but he decided this year no longer
to lay an Armistice Day wreath at the grave of World War I hero
and Vichy leader Marshal Petain. Addressing questions relating
to France's Vichy past remains difficult for many government
officials and much of French society. Former French police
official Rene Bousquet was assassinated on June 8 while
awaiting trial for "crimes against humanity." In 1942 Bousquet
organized the roundup of more than 12,000 French Jews and their
deportation to concentration camps. His assassin was an
apparently unbalanced publicity-seeking Frenchman who was
arrested shortly thereafter. No Vichy official has yet been
tried and condemned in French courts for crimes against
humanity, but the courts cleared the way in October for Paul
Touvier, a pro-Nazi militia officer accused of ordering the
murder of Jewish prisoners in 1944, to stand trial in 1994.
There are approximately 3 million Muslims in France, nearly
one third of whom are French citizens. The Government created
the Council for the Reflection of Islam in France in 1990 to
help integrate Muslims into French society.
People with Disabilities
A wide range of legislation provides protection for people with
disabilities. An extensive program exists to provide special
education to those with physical or mental disabilities and to
assist those with emotional problems. Financial aid is
provided to families with students who need daily care.
Handicapped persons over the age of 20 are eligible to receive
support payments from the Government as well as reductions in
their income tax.
Since 1988 France has mandated that disabled persons make up at
least 6 percent of all public and private enterprises with 20
or more employees. The Government will in some cases reimburse
employers up to 20 percent of the costs of employing someone
who is handicapped. A recent government study found that many
firms are not complying with this requirement and recommended
strict enforcement mechanisms. In 1991 the Government
legislated that new public buildings be made accessible to the
physically handicapped. However, the great majority of
existing buildings were constructed before that date, and it
remains difficult or impossible for people using wheelchairs to
enter them.
Section 6 Worker Rights
a. The Right of Association
Freedom of association for all trade unions and workers is
provided by the Constitution. Although less than 10 percent
(12 to 15 percent for the public sector; 5 to 6 percent for the
private sector) of the total work force is unionized, trade
unions exercise significant economic and political influence.
They do so primarily through professional works councils and
legally mandated roles (shared with employers) in administering
social institutions. These include social security (health
care and most retirement systems), the unemplyment insurance
system, labor courts, and the Economic and Social Council, a
constitutionally manadated consultative body.
Most unions pride themselves on not being aligned with any
political party, and all are careful to avoid being stigmatized
as government influenced. However, many of the leaders of the
General Confederation of Labor (CGT) and its unions belong to
the Communist Party.
Tradition prevents union officials from holding office in
political parties, but leaders of most non-CGT unions are
supporters of the Socialist Party. Supporters of other parties
are also active in the labor movement. The unions'
international activities are not restricted, and all three
world trade union confederations have French affiliates.
French workers, including civil servants, are free to strike,
with a few exceptions in cases where strikes are determined to
be a threat to public safety. Given that one-fourth of the
salaried population works for the Government, the numerous
public sector strikes receive extensive coverage. Following a
2-week Air France strike in November, the airline was forced to
cancel plans to implement a restructuring program that
reportedly would have cost 4,000 jobs.
Legal prohibitions exist against retribution toward strikers or
strike leaders and are effectively enforced. In fact, the
Government last year did not even censure prison guards who
struck illegally.
b. The Right to Organize and Bargain Collectively
Workers, including those in the three small export processing
zones, have the right to organize and bargain collectively.
French law strictly prohibits antiunion discrimination.
Amendments added in 1982 require at least annual bargaining in
the public and private sector on wages, hours, and working
conditions at both plant and industry levels. The 1982 law
does not require that negotiations result in a signed
contract. Outside mediators, drawn from the upper ranks of the
civil service, may impose solutions that are binding unless
formally rejected by either side within a week. If no new
agreement can be reached, the contract from the previous year
remains valid. Over 80 percent of France's private sector work
force is covered by collective bargaining agreements negotiated
at national or local levels. Trilateral consultations also
take place on such subjects as the minimum wage, temporary
work, social security, and unemployment benefits. Labor
tribunals of worker and employer representatives are available
to resolve complaints. Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities. The law requires that businesses with more
than 50 employees have a works council, in which workers are
consulted on training, working conditions, profit-sharing, and
similar issues. Works councils, which are open to both union
and nonunion employees, are elected every 2 years.
Trade union rights, as provided for in the Constitution, extend
to France's overseas departments and territories. Social
benefits, such as the minimum wage or supplemental retirement
payments, may be reduced in the overseas departments and
territories to take into account the local economies.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and this
prohibition is effectively enforced. In its 1993 report,
however, the International Labor Organization's Committee of
Experts questioned the French practice of obliging French
prisoners to work for private enterprises at less than the
national minimum wage.
d. Minimum Age for Employment of Children
With a few exceptions for those enrolled in recognized
apprenticeship programs, children under the age of 16 may not
be employed. Generally, work considered arduous or work
between the hours of 10 p.m. and 5 a.m. may not be performed by
minors under the age of 18. Laws prohibiting child employment
are effectively enforced through periodic checks by labor
inspectors.
e. Acceptable Conditions of Work
France has an administratively determined minimum wage, revised
whenever the cost-of-living index rises 2 percentage points,
and it is sufficient to provide a decent standard of living to
a worker and family. The wage was administratively adjusted to
34.83 francs in July, approximately $5.90 at the end of the
year. The legal workweek is 39 hours. In an effort to
increase employment, overtime is restricted to 9 hours per
week. The previously discriminatory law prohibiting women from
performing arduous or night work, except in certain exempted
categories such as hospitals and a few service industries, was
revoked in 1992. In this regard, France joined other European
Community signatories in denouncing the ILO Convention 89
banning night work for women, and in adhering to the new
nondiscriminatory ILO Convention 171 on night work.
The Ministry of Labor has overall responsibility for policing
occupational safety and health laws. Standards are generally
high and well enforced. Workers have the right to remove
themselves from dangerous work situations. To assist the
Ministry, the law requires that any enterprise with 50 or more
employees have an occupational health and safety committee;
78 percent of all enterprises, covering 80 percent of
employees, had such committees as of 1991.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.