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Annex III
JUDICIAL MEASURES TAKEN TO COMBAT RACISM AND XENOPHOBIA
The main legal development in 1994 was the entry into force of the new
Penal Code on 1 March 1994, as a result of Acts No. 92-683, No. 92-684,
No. 92-685 and No. 92-686 of 22 July 1992 and No. 92-1336 of 16 December 1992.
The new legislation in force does not apply to press offences, as
provided for in the Act of 29 July 1881 on Freedom of the Press, but it does
increase the penalties for some racist offences (racial discrimination,
aggravated desecration of graves, criminal responsibility of corporate bodies)
and creates new offences (non-public racial incitement, non-public racial
defamation and insult). In addition, Act No. 93-128 of 6 December 1993 on
Security during Sporting Events makes it an offence to display an acronym
associated with a racist ideology during a sporting event.
Following these changes, the anti-racist legislation now in force has
had to be re-evaluated.
Chapter I contains a full inventory of anti-racist laws, while
chapter II describes the judicial measures taken.
CHAPTER I
STATUS OF AND PROSPECTS FOR FRENCH LEGISLATION ON RACISM
AND XENOPHOBIA IN 1994
I.
STATUTORY AND JUDICIAL PREVENTION OF RACIST OFFENCES
To prevent racist offences from being committed, the authorities have
two effective instruments: administrative prohibitions and interim relief
proceedings in the civil courts.
A.
Administrative prohibitions under criminal law
In order to maintain public order, legislative provisions allow the
administrative authorities to take the following measures in respect of groups
and publications based on racist ideologies.
(a)
Dissolution of de facto associations and groups advocating hatred and
racial violence
Act No. 72-545 of 1 July 1972 on Action to Combat Racism supplemented
article 1 of the Act of 10 January 1936 on Combat Groups and Private Militias
by adding a sixth case of dissolution by means of a decree of the President of
the Republic adopted in the Council of Ministers.
This measure can apply to de facto associations and groups which incite
discrimination, hatred or violence against a person or a group of persons on
account of their origin or because they belong or do not belong to a