E/CN.4/2000/16
page 38
relationships in France, persons whose state of health requires medical care which they cannot
obtain in their own countries and persons to whom the right of asylum has been granted.
159.
As regards asylum, the law officially recognizes two types:
(a)
It permits the granting of asylum, under the same conditions as the Geneva
Convention of 21 July 1951, to any person persecuted on account of his or her activities to
promote freedom, even if those persecutions are not inflicted by a State;
(b)
It provides for territorial asylum, which may be granted by the Minister of the
Interior to persons whose lives or freedom is threatened in their own countries, or who are
exposed to treatment contrary to article 3 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms.
2. Grant of entry visas into France for “people from the South”
160. On this point the French Government states that the general conditions for the issue of
visas - both those permitting an extended stay in France and those issued for stays of less than
three months in accordance with the Schengen agreements - have been relaxed. This relaxation
is the outcome of a firm political determination to facilitate the movement and residence of
foreigners in France, and particularly foreigners who have a connection with the country. The
new regulations apply to all visa applicants, irrespective of nationality. The principal
beneficiaries are nationals of countries of the South, with which France has traditionally had
close relations.
161. As regards visas for periods of less than three months, persons who have to come to
France frequently can obtain multi-entry visas valid for between one and five years and allowing
them to reside in the country for up to three months in any half-year. Applications have also
been facilitated by the replacement of the lodging certificate by an accommodation certificate,
which is issued without any verification of the conditions under which the applicant will be
accommodated.
162. As regards visas for medical care, France’s policy is one of admitting persons who cannot
obtain care in their countries of origin and have been accepted by a hospital in France. However,
the admission of such persons must not give rise to any charge on the budget of the French
Government. They are therefore requested either to prove that the cost of the care will be borne
by an insurance scheme or some other body or to produce a certificate of prior deposit of the
anticipated amount of the cost of hospitalization.
163. As regards the particular case of Algerian nationals, the French Government has just
publicly stated its intention to increase the number of entry visas into France from 60,000 to
150,000 - and possibly 200,000 - annually.