A/HRC/7/23/Add.2 page 22 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.

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