A/HRC/7/23/Add.2
page 13
caravans the ability to fast-track the eviction process of caravans parked illegally. Ministry of
Interior officials noted that the law had been approved by Traveller associations on the grounds
that it would encourage communes to create legal parking facilities for Travellers.
34. Gypsies and Travellers are subject to a range of special laws, including rules regarding
documentation and the requirement for a travel permit (periodically renewable). Those found not
to be in possession of a valid travel permit are subject to a heavy fine and/or a one-year prison
sentence. They are not entitled to vote until they have been administratively attached to a
municipality for three years, under article 10 of Law No. 69-3 of 3 January 1969 relating to the
exercise of ambulatory activities and to the regime applicable to persons circulating in France
without a fixed domicile or residence. The qualifying period for all other citizens is only six
months. In view of the travelling lifestyles of Gypsies and Travellers, such legislation effectively
disenfranchises many members of such communities; it is discriminatory with respect to the right
of citizens to vote and stand for election to public office.
35. Responsibility for government policies concerning the Roma/Traveller communities rests
with the Ministry of the Interior, and other ministries including those responsible for housing,
health and education. In discussions with the Cabinet of the Ministry, the independent expert
noted that the framework that dominated the discussion of those policies was one of “law and
order” rather than the rights of citizens. This was emphasized by the fact that the official
responsible for Traveller affairs was a senior General of the Gendarmerie, as was his
predecessor.
36. The independent expert notes that the nomadic lifestyles of many Gypsies and Travellers
do not diminish the right of their children to have access to education, for families to have access
to adequate health care and social services, and the possibility to seek and obtain temporary or
longer-term employment.
III. NON-DISCRIMINATION AND EQUALITY
37. During community forums in Paris and Marseilles, the independent expert was informed of
common experiences of discrimination of people from visible minorities. Some described having
been barred from leisure venues such as clubs, discos and bars, often with the excuse of “a
private party”. The “testing” methodology to reveal discrimination has been used increasingly to
good effect in these situations. In June 2007, five employees from four Paris discotheques were
fined for discrimination after turning away those of African and Arab origin, marking the first
time that a Paris court has issued a ruling based on the testing methodology. A representative of
an anti-discrimination NGO in Paris stated: “Those born in France do not accept discrimination
in the way that their parents or grandparents did, but even those of third or fourth generation
continue to be discriminated against over an origin that they know very little about.”
38. Dedicated forums for minority women revealed specific additional issues affecting women,
such as the rights and protection of minority women in abusive relationships, including concerns
over access to social services and protection mechanisms; access to justice; the legal status of
women of immigrant origin in cases of divorce, including the right to remain in France after
divorce and the execution by French courts of foreign divorce judgements that were based on
gender-biased laws; the rights of minority women relating to inheritance, housing and property;