E/CN.4/1996/72/Add.3 page 10 C. Problems with regard to immigration 32. Immigration to France has been suspended since 1974 and each succeeding Government has opted for a policy composed of two main parts: control of migratory flows and limitation of so-called clandestine immigration, on the one hand, and integration of legal immigrants, on the other. 33. In 1985, France, together with Belgium, Germany, Luxembourg, the Netherlands and Spain, signed the Schengen Agreement with a view to tighter control over European borders. A number of legislative and statutory 14 measures, particularly the Pasqua Acts were taken in order to set up a system for closing off national borders (rejection of applications for visits, a restrictive visa policy, restriction of the right to family reunion, the requirement of accommodation certificates for persons wishing to visit relatives residing in France, and implementation of expulsion measures, particularly by charter flights). Holding centres, including the former centre at the ill-reputed Palais de Justice (Law Courts) in Paris, have been built in airports and seaports and in certain cities (Nanterre, Vincennes) in order to detain "clandestine" immigrants and refugees until they can be expelled. The establishment of an identity check within the country, aimed particularly at foreigners (Act No. 93-992 of 10 August 1993 on identity checking and verification) and the reform of the Nationality Code (Act No. 93-933 of 22 July 1993 providing for changes in the right to nationality) are other aspects of the increasing rigidity of French policy towards foreigners. The clearly stated goal is "zero immigration". 34. Those who spoke with the Special Rapporteur acknowledged that the Pasqua Acts are difficult to apply and raise delicate problems of interpretation. In this connection, the National Consultative Commission on Human Rights emphasizes the "vicious circle" in which foreigners who are supposedly "protected" against expulsion measures find themselves. If they are married to a French person or political refugee or are the parent of a French child, they cannot be expelled. However, if they find themselves in the slightest difficulty with the law, there is no way for them to extricate themselves. They are refused any opportunity to resolve the situation. If they return to their country of origin in order to request a visa, as the administration advises them to do, they may not be permitted to rejoin their families. The Commission therefore proposes that their situation should be regularized. 35. The amendment of the Nationality Code is in contradiction with the Government's integration policy because it eliminates the automatic right to French nationality of children of foreigners who are born in France. Such children must now state their wish to become French between the ages of 16 and 21 and their parents no longer have the right to request this nationality while they are minors. Anyone convicted of a crime or an offence and sentenced to six months or more in prison between the ages of 16 and 21 is deprived of this right. French nationality may also be refused if a sentence of expulsion or escort to the border has been handed down. 14 See Ordinance No. 45-2658 of 2 November 1945 on conditions for the entry into and stay in France by foreigners, as amended by Acts No. 93-1417 of 30 December 1993 and No. 93-1027 of 24 August 1993.