A/60/283
the widespread resurgence of racism is characterized not only by the strengthening
of traditional forms of racism together with the appearance of new forms of racism
against whole communities and religions, but above all by the appearance of a
number of central figures of modern racism, namely members of national, ethnic or
religious minorities, non-citizens, immigrants, refugees and asylum-seekers. As a
result of the overemphasis on the fight against terrorism, the treatment of such
groups is characterized by suspicion, mistrust, fear that they may be dangerous, and
cultural and religious hostility. Such sentiments result in the widespread
implementation of national policies that have a tendency to restrict the economic
and social rights (housing, education, health) of these communities and thus
illustrate that the political primacy of security over the law brings about a decline in
human rights. Such policies are first applied at the points of entry into a country
(airports, ports, borders), through the widespread use of discriminatory measures,
such as targeting people because of their ethnic, cultural or religious appearance,
thorough and humiliating searches, refoulement, separate counters for nationals and
foreign nationals, and excessively long waiting lines at counters for foreign
nationals. In this regard, human rights organizations report, in particular, that
waiting areas for asylum-seekers and persons who have been turned back have
become so-called no rights zones which are characterized inter alia by a lack of
access to redress and defence, physical and verbal violence of a racist nature by law
enforcement officers, cramped conditions and lack of privacy, a lack of minimum
conditions of hygiene, a lack of measures to protect women and children. Generally
speaking, these are restricted areas which human rights organizations cannot access.
It is clear from the increase in violent incidents caused by legally vague conditions
of expulsion, in particular group expulsions by charter and commercial flights, that
particular attention needs to be given to this kind of resurgence of racism.
33. Such trends have been reported in France, for example, by the Commission
nationale de déontologie de la sécurité (National Commission for a Security Code of
Conduct) which, in its annual report 2003,2 noted the existence of arrangements for
enforced embarkation based on specific restraining techniques with a de facto
humiliating aspect, such as placing restraints on people’s legs, transporting foreign
nationals by plane in a horizontal position, the use of unprofessional methods of
intervention and the systematic use of force. The Commission nationale noted that
in some cases these methods affected the physical and moral integrity of persons
who had been turned back, two of whom died as a result of excessive use of
restraints. The Commission also stressed that the systematic use of such methods,
which are applied only to foreign nationals, resemble a form of institutional
discrimination.
34. The Commission nationale de déontologie de la sécurité noted that when it
comes to escorting to the border or turning back persons who have not been
admitted to French national territory — around 20,000 people in total at Roissy
Charles de Gaulle airport in 2002 — police officers are not given any technical
training on the specific nature or duration of such operations. The Commission also
recommended teaching and applying, as strictly as possible, technical and
professional methods of intervention which can then be used by border police
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2
Rapport 2003 de la Commission nationale de déontologie de la sécurité remis au Président de la
République et au Parlement, Paris, La Documentation française, 2004.
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