E/CN.4/2000/16
page 37
desegregation in South African public secondary schools” which was published in March 1999.
It states that, notwithstanding the legislative reforms introduced to eliminate apartheid and better
safeguard human rights, the South African school system is still perverted by segregation and
racial discrimination. The study observes that:
“Efforts at racial integration have not achieved the desired results, in part because
learners approach school with the prejudices imbued in their home environments and the
school has no mechanisms to challenge and stimulate the unlearning of ingrained
prejudices, as well as transform the minds of learners. Educators exhibit little or no
commitment to constructing a learning environment free from discrimination and
prejudice. Too many prefer to deny the existence of racism or presume a superficial
tolerance … Four years since the miracle of ‘94, school playgrounds are battlefields
between black and white schoolgoers. Formally white schools have become theatres of
struggle for transformation as Black parents demand access for their children.”
156. The study recommends a number of solutions. These include the promotion of
egalitarian values throughout the school curriculum and the framing of anti-discriminatory
policies for all South African schools. These policies should be directed at the training of
teachers, representation of the different racial elements in society in establishments at all levels,
the regular holding of seminars on racism, the establishment of ties between a school and the
community in which it is located and better involvement of Black parents in the management of
schools.
B. France
157. As the Special Rapporteur stated in his report to the General Assembly (A/54/347,
para. 66), the French Government has adopted a series of measures designed to implement the
recommendations which he made following his visit to that country in September-October 1995.
Those measures include a revision of the laws on immigration (Pasqua laws), the granting of
entry visas into France to people from the “South” and the procedure for the consideration of the
cases of people detained in holding centres.
1. Revision of the laws on immigration
158. The laws on immigration were revised by Law No. 98-349 of 11 May 1998 concerning
the entry and residence of foreigners in France and the right of asylum. As regards the entry and
residence of foreigners, it offers improved safeguards of the latter’s rights, particularly in the
following ways:
(a)
By requiring the production of reasons for the refusal of a visa to a foreigner in
certain cases (members of the family of a European Union national, foreigners authorized to take
up gainful employment in France, holders of permission to be reunited with their families,
refugees recognized as such by the French Office for Refugees and Stateless Persons); and
(b)
By automatically granting temporary residence permits to foreigners entering
France for scientific or artistic purposes, proving the existence of personal or family