E/CN.4/2006/16
page 16
restrict the economic and social rights (housing, education, health) of these communities and
thus illustrate that the political primacy of security over the law brings about a decline in human
rights. Such policies are first applied at the points of entry to a country (airports, ports, borders):
widespread use of discriminatory measures, such as targeting people because of their ethnic,
cultural or religious appearance, systematic and humiliating searches, refoulement, separate
counters for nationals and foreign nationals, and excessively long waiting lines at counters for
foreign nationals. In this regard, human rights organizations report, in particular, that waiting
areas for asylum-seekers and persons who have been turned back have become “no-rights
zones”, characterized inter alia by a lack of access to redress and defence, physical and verbal
violence of a racist nature by law enforcement officers, cramped conditions and lack of privacy,
a lack of even minimum conditions of hygiene, a lack of measures to protect women and
children. Generally speaking, these are restricted areas which human rights organizations cannot
access. It is clear from the increase in violent incidents caused by legally vague conditions of
expulsion, in particular group expulsions by charter and commercial flights, that particular
attention needs to be given to this kind of resurgence of racism.
40.
Such trends have been reported in France, for example, by the National Commission on
Security Practices, which, in its annual report for 2003,1 noted the existence of arrangements for
enforced embarkation based on specific restraining techniques with a de facto humiliating aspect,
such as placing restraints on people’s legs, transporting foreign nationals by plane in a horizontal
position, the use of unprofessional methods of intervention and the systematic use of force. The
Commission noted that in some cases these methods affected the physical and moral integrity of
persons who had been turned back, two of whom died as a result of excessive use of restraints.
The Commission also stressed that the systematic use of such methods, which are applied only to
foreign nationals, is akin to institutional discrimination.
41.
The National Commission on Security Practices noted that when it comes to escorting to
the border or turning back persons who have not been admitted to French national territory around 20,000 people in total at Roissy Charles de Gaulle airport in 2002 - police officers are not
given any technical training on the specific nature or duration of such operations. The
Commission also recommended teaching and applying, as strictly as possible, technical and
professional methods of intervention which can then be used by border police officers in order to
ensure respect for the dignity and physical and mental integrity of persons who are escorted to
the border or turned back. The Commission also suggested improving dialogue with all the
persons, authorities and associations concerned and ensuring respect for national and
international standards on security-related searches and handcuffing.2 In the Special
Rapporteur’s view, the fact that such a commission was established and such a report published
indicates that member States are now aware of the seriousness of the problem.
42.
Treatment in waiting areas and the conditions of expulsion of refugees and
asylum-seekers are also a matter of concern for Amnesty International, which expressed its
disquiet on the occasion of World Refugee Day on 20 June 2005. To mark this date, the
non-governmental organization published three reports on detention and practices relating to
expulsion in the United Kingdom, Italy and Spain, although it stressed that such practices are a
reality in most parts of the world.3
43.
In general terms, Amnesty International noted that conditions of detention often do not
respect standards relating to fundamental human rights. People are detained in unsatisfactory