A/HRC/7/23/Add.2 page 8 person belonging to a visible minority. Nearly 43 per cent of all claims related to discrimination in employment. Of the 2,143 cases actually handled by HALDE in 2006, fines were proposed as settlements in 20 cases and 42 others were transferred to the State Prosecutor.4 14. HALDE can conduct investigations on its own initiative, allowing it to act independently even where no complaint is received. It uses the tool of “discrimination testing”,5 which compares how individuals who are similar in all significant respects but for ethnic origin are treated when seeking access to employment, housing or other public goods. Discrimination exists when the rejection rate for visible minorities is more than a specified rate higher than the “benchmark” testers. Importantly, French courts now accept the results of “discrimination testing” as admissible proof of discriminatory behaviour. However, a court official must be present to validate the “testing” evidence, which can be prohibitive. 15. The independent expert welcomed the positive work done by HALDE and recognizes that it is a young institution (created on 30 December 2004) and that it is still too early to fully assess its impact on decreasing racial discrimination. One positive sign is that its caseload more than tripled between 2005 and 2006. Creative initiatives by HALDE seek to raise awareness of discrimination and assist individuals in benefiting from its services, including a telephone shared-cost hotline and a radio programme hosted by HALDE’s President. 16. In March 2006, a new law (Law No. 2006-396 of 31 March 2006) on equal opportunities was adopted by the French Parliament following the outbreak of urban violence in French cities in autumn 2005. Focusing largely on promoting employment opportunities in urban areas classified as “sensitive” or “high risk”, the law also gives HALDE additional powers. Among these are provisions enabling HALDE to recommend that local government representatives impose administrative penalties on companies found guilty of discriminatory behaviour. 17. HALDE is only empowered to propose the payment of a “settlement” by those found responsible for discrimination, however does not have the legal authority to impose a penalty. However, the ceilings on penalties that can be proposed by HALDE on both individuals (3,000 euros) and on legal entities (15,000 euros) are set at a very low level and such penalties are only infrequently applied. The punishments that can be imposed for acts of discrimination under the Penal Code can be considerably higher and include the possibility of prison terms in addition to fines of up to 75,000 euros for individuals.6 However, it was noted by 4 HALDE 2006 Annual Report. 5 See the Equal Opportunities Act of 2 April 2006. 6 Act 2004-204 of 9 March 2004 increased the applicable penalties for racial discrimination. Now, the penalty for a person committing an act of racial discrimination can be as high as three years’ imprisonment and a 45,000 euro fine. Where a discriminatory refusal of admission takes place on premises open to the public or with the aim of denying access, or where the discrimination is the act of a person vested with public authority, the penalties have increased from three to five years’ imprisonment, and from a 45,000 to a 75,000 euro fine.