E/CN.4/1996/72/Add.3
page 48
CHAPTER II
ACTION BY THE MINISTRY OF JUSTICE AND THE COURTS
TO COMBAT RACISM AND XENOPHOBIA IN 1994
I.
THE ROLE OF THE MINISTRY OF JUSTICE IN RESPECT OF RACIST CRIME
On 10 December 1993, at the plenary meeting of the French National
Consultative Commission on Human Rights held at the Ministry of Justice,
Mr. Pierre Mehaignerie, the Minister of Justice, said he was concerned to
ensure that prevention is encouraged as an essential measure in this field,
especially as far as young adolescents are concerned.
Early in 1994, 50,000 copies of a pamphlet entitled “Guide to
anti-racist legislation” were distributed free of charge by the Ministry of
Justice. This practical guide was intended to perform the often neglected
task of informing the public at large by offering an overview of the various
racist offences and the remedies available to the victims.
On the basis of the circular issued by the Department of Criminal Cases
and Pardons on 12 March 1993, the active participation of Government
Procurators in departmental units to combat racism makes it possible to meet
with anti-racist associations, discuss local problems together and exchange
information. The “departmental coordination unit to combat racism, xenophobia
and antisemitism”, set up within each “departmental council for the prevention
of delinquency” under the circular issued by the Prime Minister to the
prefects on 1 March 1993, meets at least once a year to monitor problems of
racism, initiate warning procedures, if necessary, collect information on
local criminal policy, promote the amicable settlement of disputes and, in the
light of particular local characteristics, propose measures to strengthen
social cohesiveness.
Thus, as a result of the firm and vigilant implementation of criminal
legislation on racism deriving from the many circulars on the public right of
action issued to the Government Procurator's Office since 1972, a policy for
the prevention of racist crime has been taking shape with the assistance of
the Prosecution Service.
II.
JUDICIAL MEASURES TO PREVENT RACIST OFFENCES
IN THE CONTEXT OF URBAN POLICY
Most districts which are underprivileged both in terms of town planning
and in economic, social or cultural terms are hosts to a large proportion of
foreign families or families of foreign origin who are usually
over-represented in such areas. Neighbourhood conflicts arising out of
different cultural practices are common.
Urban judicial policy, which is designed to develop a system of
neighbourhood justice by providing for mediation in criminal matters and
setting up remand centres and duty offices for aid-to-victims' associations in
these sensitive areas goes a long way towards preventing conflicts related to
problems of cohabitation.