1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments
926. The French delegation said that it was a privilege for France to be one of the first States to be reviewed under the universal periodic review mechanism. The preparation for the review, and the preparation of the national report in particular, had entailed a broad consultation involving government bodies and civil society, including the National Consultative Commission for Human Rights (CNCDH), and those parties had been consulted during the preparation of France’s responses to the recommendations made during the review on 14 May 2008.
927. The delegation then summarized France’s response to those recommendations, which were contained in document A/HRC/8/47/Add.1.
2. Views expressed by member and observer States
of the Council on the review outcome
928. Qatar congratulated France for the information submitted at all stages of the universal periodic review process and acknowledged positively the constructive and cooperative spirit. It stated that several recommendations had been made and that France had accepted a majority of them. Qatar noted that France took the initiative, in its preliminary statement and during the dialogue, to make many other commitments to reinforce its human rights protection system. France, inter alia, committed itself to organizing a consultation to follow up on the Vienna Declaration and Programme of Action and the Durban Declaration and Programme of Action. Qatar noted that France further committed itself to submit for ratification to Parliament the Convention on the Rights of Persons with Disabilities, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Finally, Qatar noted with satisfaction that many of the accepted recommendations by France aim at improving living conditions of persons belonging to vulnerable groups.
929. Morocco thanked France for its exhaustive replies to the deliberations of the Working Group. Morocco noted in particular the measures taken to reinforce the rights of migrants and the expressed will of France to address this issue during its presidency of the European Union. The priority given in the penal sphere to combat all forms of discrimination was also noted. Morocco expressed the wish that these two areas - non-discrimination and migration - will be part of the communications that France will be transmitting to the Council as part of the follow up to which they have committed themselves.
930. Algeria paid tribute to the French delegation and made three comments with regard to the review process. Algeria regretted that it is not possible for France to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and expressed the hope that the time will come when France will be able to accede to this treaty. Algeria is pleased that incitement to religious and racial hatred are considered crimes in France. Finally, Algeria noted the recognition by France of the suffering relating to colonialism in accordance with paragraph 101 of the Durban Declaration and it expressed the hope that this would also be expressed regarding colonialism in Algeria.
931. The Commission Nationale Consultative des Droits de l’Homme congratulated France on the involvement of civil society and the national human rights institution in the universal periodic review process. The recommendations made to France in the Working Group reflect similar observations already made by treaty bodies or by the Council of Europe, such as on the issue of prisons and places of detention, which have been the subject of increasing criticism by international and non-governmental organizations. Concerns were expressed regarding the treatment of asylum-seekers, police violence, and expulsion to borders in inhumane circumstances. It was of the view that France’s position regarding the issue of minorities should be re-examined. The Commission stated that it would follow the implementation of commitments undertaken by France and proposed to keep States, the Council and treaty bodies regularly updated through its annual report on the human rights situation in France.
932. The Fédération Internationale of Action by Christians for the Abolition of Torture - FIACAT, jointly with Human Rights Watch, on the issue of places of detention, noted the commitments undertaken by France to develop alternative penalties to prison, and encouraged France to take concrete measures and establish a timeline to eliminate prison overpopulation, since it amounts to inhuman and degrading treatment. A clear response must also be provided to follow-up on allegations of ill treatment committed by security forces against persons deprived of their liberty. The existence of the National Commission on Ethics and Safety is threatened, while its role should, on the contrary, be maintained and strengthened. It is opposed to the use of electric stun guns, which results in sharp pain constituting a form of torture, according to the Committee against Torture, and called for their prohibition. It remained concerned at the absence of an automatic suspension of expulsion measures. It regretted that France did not go into details concerning persons held in custody for terrorism, including the lack of access to legal counsel.
933. The Foundation for Aboriginal and Islander Research Action said that France was one of the birthplaces of human rights and inquired on the issuance of an invitation to the Special Rapporteur on human rights and fundamental freedoms of indigenous people to visit Tahiti and Kanaky. It also asked how France planned to implement the United Nations Declaration on the Rights of Indigenous Peoples and noted that France had stopped nuclear testing in the Pacific. It noted the importance of the promises made to Tahitian workers in Mururoa and Fangataufa, especially to release health records of the workers. Further, it noted the imminent issues of land, health and environmental rights in Kanaky. Pollution from the mining at the Goro Nickel mining project is affecting the indigenous Kanaky living in their historic homeland, and it asked whether France would assist the Kanaky to ensure the right of free, prior and informed consent in this regard. The people in Tahiti were interested in learning more about human rights, inquired in whether France would be willing to work with non-governmental organizations in the region to sponsor trainings, seminars and workshops, including on how non-governmental organizations can access United Nations human rights mechanisms.
934. The Islamic Human Rights Commission was grateful for the conclusions and recommendations on the review of France, and was pleased to see that the recommendations reflect their concerns, especially on the issue of the rights of ethnic and religious minorities. Serious concern was expressed regarding the Government’s failure to provide even the basic rights of ethnic and religious minority groups. By doing so, the Government harmed the minorities but consequently it also led to depriving the majority from taking advantage of a peaceful society. Some of the existing laws and many, in their application, were discriminatory, especially the headscarf (hijab) ban in schools which damaged the progress and advancement of Muslim women by depriving them of their basic right to education. The Islamic Human Rights Commission strongly recommended that the ban be removed and further urged the Government to stop its anti-religious attitude.
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