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governmental sources. The terminology of “positive discrimination” was commonly used,
which she believes creates misleading perceptions of “privileges” given to people from
certain sectors of society at the expense of others. Using such terminology sabotages public
support from programmes that generate equality in ways that benefit everyone.
80. A wider debate is required on the issue in France that is open, informed and
inclusive, and that builds on the experiences of other United Nations Member States and
the recommendations of regional and international institutions. Such a debate should be
framed by the concept of special measures/affirmative action as it is understood in
international standards, including articles 1.4 and 2.2 of the International Convention on
the Elimination of All Forms of Racial Discrimination.
81. The independent expert shares the view of the Committee on the Elimination of
Racial Discrimination that efforts to combat discrimination in France are hampered by
inadequate statistical information on the grounds of race, ethnicity or religion. She
welcomes the current debate regarding the use of statistical data, including its
constitutionality, and hopes this debate will continue to be informed by the experiences and
practice of other European countries.20
82. The collection of data regarding the socio-economic status of the population
disaggregated by ethnic and religious identities as well as along gender lines is
recommended as an essential tool to reveal the full extent of social problems experienced by
persons belonging to different ethnic and religious minority groups. Such data will assist in
the development of appropriate and effective policies and practices to combat the effects of
discrimination.
83. The Government should undertake confidence-building and awareness-raising
measures among all communities, including minority groups, to promote and encourage
participation in voluntary data collection, including census registration, and allay fears
that data collection will be used as a means of deepening rather than combating
discrimination.
84. The Inter-Ministerial Committee to Combat Racism, Anti-Semitism and
Xenophobia has been inactive since 2005 and should be reinstated and convened on a
regular basis. Such a body offers the potential to ensure coordinated policies and practices
across the ministries, recognizing their interrelated mandates and the need for holistic
approaches in efforts to combat racism and discrimination and to promote the rights of
minorities.
20
On 15 November 2007, the Constitution Council, in its decision No. 2007-557 DC, approved
Law No. 2007-1631 relating to control of immigration, integration and asylum, without
article 63 relating to racial or ethnic data, which it declared contrary to the Constitution.