A/HRC/7/23/Add.2
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V. CONCLUSIONS AND RECOMMENDATIONS
OF THE INDEPENDENT EXPERT
75. In spite of important national anti-discrimination legislation, serious racial
discrimination is experienced by members of minority communities in France that is
entrenched and institutionalized in nature. A political culture of denial has been an
obstacle to effective measures to fully implement non-discrimination laws and to take
concrete steps to address the complex inequalities that have been generated. The recent
explosions of urban discontent have alerted authorities to the need for change.19
76. The independent expert urges the Government to take fully into consideration the
analysis of the present report in developing policy responses to the urban upheavals. The
most important actions that can be taken by Government lie in addressing the underlying
causes of discontent and working towards structural solutions.
Acknowledgement of the reality
77. The Government of France is urged to: (1) recognize the existence of national or
ethnic, religious and linguistic minorities within its territories and to withdraw its
reservation to article 27 of the International Covenant on Civil and Political Rights relating
to the rights of persons belonging to minorities and article 30 of the Convention on the
Rights of the Child; and (2) ratify the European human rights treaties relating to the rights
of minorities, including Protocol No. 12 to the European Convention on Human Rights and
the Council of Europe’s Framework Convention on the Protection of National Minorities.
Guarantees of non-discrimination and equality
78. France’s anti-discrimination legislation should be amended to allow the imposition of
penalties and fines for discriminatory practices that are sufficiently severe as to act as a
deterrent to future violations. Legislation should also be amended to grant HALDE
meaningful enforcement powers when there is a failure to comply with agreed settlement
fines. Courts should impose more severe penalties for discriminatory acts, as allowed for
under the Penal Code.
79. Robust affirmative action policies should be put in place to counter the effects of
long-term discrimination against minorities. The independent expert encountered strong
opinions both for and against affirmative action policies, from civil society groups and
19
The independent expert notes that further incidents of unrest and violence occurred in the
suburbs of Paris (Villiers-le-Bel) in November 2007, following the tragic death of two young
men after a collision between their motorcycle and a police vehicle. She deeply regrets this
further violence.