E/CN.4/1997/71
page 31
the other, to the development of an underground economy, frequently for
the benefit of well-known firms which exploit it with complete impunity,
and moonlighting, mostly by French citizens even though the finger is
pointed at immigrants.
“This acounts for the system of repatriation grants instituted in
1982, which set the tone and was followed, in 1986, by the Act of
9 September on immigration and residence controls over aliens in France
and the introduction (by the Minister of the Interior, Charles Pasqua)
of large-scale identity checks, thus labelling the entire immigrant
population as a potential source of all evils, from unemployment to
petty crime or even terrorism. This fuelled a particularly disturbing
line of racist and xenophobic thinking.
“Then came a series of acts and special provisions targeted at
immigrants.
“In 1992: the introduction of holding areas in ports and
airports; the establishment of a national dossier of aliens in France;
in 1993: a series of acts intended to control immigration, amending the
conditions applicable to the right of asylum, family reunion and mixed
marriages; the 'vigie pirate' plan, i.e. measures introduced to combat
terrorist attacks; the five-yearly reform of the judicial system in 1994
and the Security (orientation and programming) Act together with the
1995 reforms to the structure and tasks of the police which made efforts
to combat illegal immigration a priority.”
110.
The report concludes that:
“It is to these measures as a whole and to their consequences that
attention should be drawn today, because they lead to acts that
undermine respect for human rights ...
“Holding areas do not allow people to exercise the remedies to
which everyone is entitled, nor do they allow the courts, lawyers and
even representatives of UNHCR to operate normally.
“The holding centres are places where people are deprived of their
liberty and human dignity is not respected. In the case of the
'sans-papiers' it transpired that children were being held, that the
rights of the defence were not being respected and that administrative
irregularities were becoming increasingly numerous.
“The so-called Pasqua Acts have put the foreign parents of
children who are or will in all likelihood become French, couples of
mixed descent and their children and people denied asylum in an
inextricable situation, flatly at odds with a number of international
rights which France none the less acknowledges.
“The way in which persons at risk in their countries of origin or
under judicial supervision, declared not liable to expulsion or under
court protection, are expelled goes to show how seriously human rights
are being violated in France.