A/51/301
English
Page 14
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verification of those persons’ financial means;
.
increasing mayors’ powers of assessment and verification;
.
on-site inspections;
.
legal responsibility of the person offering accommodation." 7/
24. It has also been recommended that hospital care for illegal aliens should
be restricted to "emergencies" or to diseases which are "likely to be
contagious". In addition, the maximum period of administrative detention for
persons who have entered France illegally and who are subject to expulsion is to
be increased to 40 days.
25. These proposals are intended to increase the severity of the "Pasqua Acts",
which are already difficult to enforce and have placed many immigrants in a
precarious situation. In an advisory opinion published on 3 June 1996, the
Commission nationale consultative Française des droits de l’homme (French
National Advisory Human Rights Commission) warned the Government that if the
proposals become law, they are likely to "increase people’s mistrust of
foreigners, give greater credibility to those who favour a demagogic policy of
exclusion and xenophobia, and make it more difficult to implement integration
policies". In addition, the concept of "countries where there is a migratory
risk" is ambiguous and has discriminatory implications. The Commission
considers such provisions "inappropriate and dangerous". For the time being,
the Government has had to reconsider the preparation of a draft Bill containing
the proposals. In the meantime, the country has suddenly become aware of the
issue of the "sans papiers", or African immigrants, many of whom are the parents
of children who hold French nationality. The administrative situation of some
of them is being regularized, thanks to pressure from a group of human rights
mediators and from public opinion, but charter flights are continuing to
repatriate many of those concerned to Mali and Senegal.
26. In addition to the situation in mainland France, an inquiry carried out by
seven French associations in Saint Martin (in the Caribbean) and French Guiana
has exposed numerous cases in the overseas départements in which the law on the
entry and residence of foreigners is enforced improperly. "Checking of identity
papers on grounds of personal appearance, summary deportations, illegal
destruction of dwellings, etc." are widespread practices. 8/
27. Beyond the current debate on immigration control in France, the Commission
nationale consultative Française des droits de l’homme, in its 1995 report,
noted that "the combined growth of intolerance and exclusion continues to menace
the health of our society, which has been weakened physically by the economic
crisis and morally by the crisis in its values". The Commission identifies
three phenomena which are typical of the climate in France in 1995:
"(1) There has been a resurgence of acts of extreme racist or
xenophobic violence, including seven murders;
"(2) Persons of North African origin are the principal victims of such
acts. Six of the seven people killed were of Tunisian, Algerian or
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