A/HRC/7/23/Add.2 page 17 creating mixed neighbourhoods in the suburbs. In January 2008, the Minister is to unveil the “plan of respect and equality of chance”, which will consist of initiatives in education and accomplishment, employment access, economic development, public transport and culture for the deprived suburbs. The plan is being developed through a process of consultation and debate with those living in the suburbs and local authorities, including via a blog. Part of the plan entitled “Hope Suburbs, a Dynamics for France” recommends reinforcing the powers of the HALDE in relation to the problems of the suburbs. B. Employment 54. The principle of non-discrimination set forth in article L.122-45 of the Labour Code prohibits any difference in treatment on grounds of “origins, sex, customs, family situation, actual or supposed membership or non-membership of an ethnic group, nation or race, political opinions, physical appearance, family name, genetic characteristics, state of health or disability”, yet NGOs have flagged racial discrimination in employment as a major problem in France. In March 2007, the International Labour Organization presented results of a major national “practice testing” survey measuring discrimination against immigrant-origin workers in access to employment.13 The survey found that four out of five employers preferred ancestral French workers over candidates of Maghreb or black African origin. Only 11 per cent of French employers were considered to have complied with equal treatment standards throughout the recruitment process. 55. The independent expert was informed that it is common practice for job advertisements as well as notifications relating to rental housing to refer to “BBR”, indicating “Bleu, Blanc, Rouge”, the colours of the French flag. This is commonly understood as a coded reference that only “white” French people are invited to apply or will be considered. 56. An historic court ruling in 2007 found a subsidiary of the cosmetic firm L’Oreal guilty of racial discrimination in selecting only white applicants for an advertising campaign, the first time that a major company has been found guilty of such a discrimination offence in France. L’Oreal, together with a recruitment company it had contracted, was fined 30,000 euros. Despite this landmark ruling, the penalty imposed does not appear commensurate with the seriousness of the offence and is insufficient (in view of L’Oreal’s annual profits of 1.83 billion euros in 2006) to send a strong message to employers that discriminatory practices will not be tolerated by the courts. 57. Black and Muslim women spoke of having degrees or professional qualifications but not being able to find work in their field and having to accept low-paid, temporary cleaning jobs. Even in these positions, they described finding that white women are treated differently and have 13 The France National Discrimination Testing Report presented in March 2007 was invited and financed by the DARES research division of the France Ministry of Employment and Social Cohesion. The full report is available at: http://www.ilo.org/public/english/protection/migrant/ download/france_discr_fr.pdf.

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