SOLEMN DECLARATION BY A NEWLY ELECTED MEMBER OF THE COMMITTEE UNDER RULE 14 OF THE RULES OF PROCEDURE (continued)
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (continued)
Ninth, tenth and eleventh periodic reports of France
SOLEMN DECLARATION BY A NEWLY ELECTED MEMBER OF THE COMMITTEE UNDER RULE 14 OF THE RULES OF PROCEDURE (agenda item 2) (continued)
1. Mr. de GOUTTES made the solemn declaration under article 14 of the rules of procedure, already made by other newly elected or re-elected members at the 1013th meeting.
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (agenda item 7)
Ninth, tenth and eleventh periodic reports of France (CERD/C/225/Add.2)
2. At the invitation of the Chairman, Mr. Potocki, Mr. Delbos, Mr. Riera, Mrs. Dagognet, Mr. Grignon Du Moulin, Mr. Kincher, Mr. Krulic, Mr. Guyetant and Mr. Rinuy (France) took places at the Committee table.
3. Mr. POTOCKI (France) asked the Committee to excuse France for the late submission of its additional report, which had been distributed that morning, without a document symbol and only in French. Referring to the information contained in the report, he first of all provided some data on the population of metropolitan France (3.6 million foreigners, i.e. 6.3 per cent of the total population), the overseas departments (Réunion, Guadeloupe, Martinique and French Guyana) the overseas territories (New Caledonia, French Polynesia and Wallis and Futuna) and of the territorial communities (Saint-Pierre et Miquelon and Mayotte). In French Polynesia, the under 20 accounted for almost half the population, in comparison with only 28 per cent in metropolitan France. In the overseas departments, population growth was four times higher than in metropolitan France. Since 1982, there had been a net flow of immigrants into the overseas departments. In French Guyana, aliens made up 30 per cent of the population and had doubled in number since 1982. The political situation in Suriname had caused an inflow of refugees from that country, who accounted for almost 40 per cent of the foreign population in French Guyana. The numbers settling in the overseas departments from metropolitan France had increased markedly between 1982 and 1989 (12,000 persons per year on average compared with 9,000 per year between 1975 and 1982). Nevertheless, in 1990 almost one French West Indian out of four and one inhabitant of Réunion out of six lived in metropolitan France.
4. In 1990, the activity ratio of the population in the overseas departments and territories (DOM-TOM) had been considerably higher than that of the inhabitants of metropolitan France (73 per cent in comparison with 55 per cent), attributable to the age structures of the populations and the higher activity ratio of women from the overseas departments. The unemployment rate had remained virtually stable from 1982 to 1990 and was similar to that of metropolitan France. In the DOM-TOM, 97 per cent of employed persons were wage-earners and slightly more than 50 per cent were civil servants, local authority employees or employees of State-owned enterprises.
5. As a result of the recession France had increased the proportion of public expenditure on employment (236 billion francs, i.e. 3.5 per cent of GDP in 1991). The principal social and economic measures included the introduction of the individualized training loan, which was intended to provide the least skilled young people with training for a diploma, the establishment of the employment-solidarity contract and the adoption of the Minimum Income Act (RMI).
6. Most foreigners living in France were aged over 20. The proportion of foreigners of European origin had fallen from 60 per cent in 1975 to 40 per cent in 1990, mainly on account of the increase in immigration from the Maghreb countries. The foreign population was more affected by unemployment than the French population, although there had been an improvement in the skills of foreign workers.
7. Efforts to combat situations in which racism could develop required above all efforts to combat exclusion and all forms of discrimination. France was conducting an urban policy to develop community life among people living in districts that were particularly affected by unemployment, poor housing and occasionally delinquency and drugs. On 23 February 1994 an interministerial meeting had been held solely on urban problems and a five-year plan had been adopted to attain objectives in youth employment, security, education and housing rehabilitation. The 14 billion francs already earmarked for that purpose had been supplemented by a further 2.8 billion francs.
8. The minimum income, which had been introduced in 1988, guaranteed a regular monthly income and provided better welfare coverage and genuine opportunities for becoming active members of society. For their part, recipients undertook, with the support of the State and the local communities, to work out a project intended to improve their circumstances. Foreigners, including those who were not citizens of countries in the European Union, were entitled to the RMI subject to a number of rules to ensure that the beneficiaries were sufficiently well established in France to be able to take their place in the national community. In particular, they had to possess a valid residence permit. At the end of 1993, the number of RMI recipients had been estimated at approximately 760,000, i.e. 13 per cent more than in 1992. In the overseas departments, the number had been 92,000, a decline of 4.2 per cent, attributable in particular to the increase in family allowances. One third of RMI recipients had found employment or entered training in 1993. The cost of the RMI was approximately 23 billion francs, about 1 per cent of France's welfare expenditure. There was a powerful impetus within society towards insertion, although it had not yet yielded all the expected results, and the disparities remained wide. What mattered was to strengthen the trend.
9. The integration of the foreign population was also one of the French Government's priorities for action. Under the impetus of several ministries (Welfare, Education, the Interior and Housing) family reception plans had been drawn up in each department to assist families authorized to settle in France, above all to find housing. Those families should have access to the housing market on equal terms with other residents. Support was also provided to ensure that children attended school in satisfactory conditions and foreign women who were already well integrated helped recently arrived families to adjust to their new environment. A guide book entitled "Living in France", translated into Arabic and Turkish, was provided for the welfare services who worked with recently arrived families.
10. Economic, social and cultural development was also an important factor of social harmony, particularly in DOM-TOM. In French Polynesia, for example, measures were being taken to increase the number of teachers so as to attain a teacher-pupil ratio comparable to that of metropolitan France, to simplify access to higher education and to modernize the public health and welfare sector. A partnership had been established between the territories and the State, through a five-year development plan. The plan gave particular attention to the context of the territory and its own resources.
11. The Ministry of Justice regularly carried out study missions in DOM-TOM which could lead to comprehensive judicial reforms.
12. In New Caledonia, since 1993, the appeal court judges had taken part in activities to identify the specific customary law of each region and to develop it, to set out in writing the specific juridical principles of the regions and to harmonize throughout the territory customary law relating to filiation, divorce and inheritance. Similar activities were undertaken in French Guyana to harmonize certain rules relating to personal and family status.
13. The new Penal Code, which was due to enter into force on 1 March 1994, strengthened the legislative arsenal to prevent or punish racist or discriminatory acts. The new Code defined crimes against humanity which would henceforth be punishable by rigorous imprisonment for life. The penalties laid down for acts of discrimination based on race, ethnic identity, national origin, religion, sex, family status, state of health, disability, habits, political opinions or trade union membership had been increased. The penalties had also been increased for acts of discrimination committed by public officials and in cases of violation of the respect owed to the dead. Two wholly new offences had been introduced: exploitation of a person's labour by taking advantage of his or her vulnerability or dependence and subjecting a person to working or living conditions incompatible with human dignity. In addition to fines and prison sentences, additional penalties could be handed down, such as the loss of civic and civil rights, posting or publication of the court's decision and barring firms guilty of acts of discrimination from bidding for State contracts.
14. However, a law was effective only to the extent to which it was actually applied and set an example. For that reason, the Ministry of Justice had prepared a guide to anti-racist legislation, which would be widely distributed to legal practitioners, State services, local authorities and anti-racist associations. In addition, the Ministry of the Interior had decided to set up departmental units to combat racism throughout the territory, responsible for observing and analysing racist phenomena and taking measures to combat them. The units, which were composed of representatives of the State, elected local officials, representatives of associations and lawyers, met to consider a preliminary diagnosis of the local context in each department. They then put forward to the State services specific proposals for action concerning, for example, training for administrative personnel, information for victims, the settlement of conflicts by mutual agreement and assistance with school work. Each unit comprised three commissions (police-justice, education and housing). The unit could meet in an emergency and a coordinator had been appointed for
each department. In addition, the dialogue between anti-racist associations and the State services made it possible to resolve specific problems more easily and rapidly.
15. Particular importance was also attached at the national level to discussion and cooperation among State services, the various religious denominations and non-governmental associations. The National Advisory Commission on Human Rights, which was composed of associations, trade unions, members of Parliament, representatives of religious dominations and competent individuals, played a major role in that respect. The Commission prepared an annual report on efforts to combat racism and xenophobia, in which it adopted a highly pragmatic approach to all issues connected with the racist acts recorded and the efforts to combat racism.
16. Those efforts were not limited solely to the local or national sphere. The Government of France had actively participated in strengthening European cooperation in respect of racism and xenophobia. It had taken appropriate initiatives within the Council of Europe.
17. Finally, France had taken part in operations abroad to establish the conditions for a genuine democracy and for the exercise of human rights, on equal terms, without distinction on grounds of race, colour or origin. At the request of the United Nations, French experts, including many judges, would shortly participate in monitoring the elections in South Africa.
18. The CHAIRMAN thanked the delegation of France for the new information with which it had provided the Committee and expressed his thanks to the State party for its uninterrupted cooperation with the Committee and for the high level of its delegation. He invited Mr. Yutzis, Country Rapporteur for France, to present his observations and to put his questions on the State party's report.
19. Mr. YUTZIS (Country Rapporteur) first of all said that the preceding statement by the French delegation considerably modified the contents of document CERD/C/225/Add.2, containing the ninth, tenth and eleventh periodic reports of France. As an example, he referred to the date of entry into force of the new Penal Code, which had been postponed to 1 March 1994 after having initially been set for September 1993. In view of the large amount of new information provided by the State party's delegation, both he and the members of the Committee would require some time to analyse it.
20. Consequently, his observations and questions as Country Rapporteur would draw mainly on the contents of document CERD/C/225/Add.2, which had been distributed in July 1993, and on the various sources of information provided by the official documents of multilateral organizations, the press and other trustworthy media. Lastly, he would set his analysis of France's periodic report in a broader context, that of the current European and world situation in which problems connected with racism were of particular importance.
21. After welcoming the large delegation sent by France, he began by reviewing the positive elements in the periodic report. He first of all referred to the creation of departmental units to coordinate action to combat racism (para. 6), the "Mayors' Forum: Multicultural City" (para. 7) which had stated that action to combat racism required social measures, the Act of 13 July 1990 providing for the punishment of all racist, anti-Semitic or xenophobic acts (para. 12), the circular sent on 21 March 1991 by the Minister of the Interior to prefects aimed at intensifying action to combat racism, anti-Semitism and the revival of nazism (para. 23), and the decisions taken by the Minister of the Interior between May 1990 and January 1993 banning 20 racist or anti-Semitic publications (para. 25). He also commended the introduction of "mediators for living together", referred to in paragraph 29 of the report and asked how that mechanism operated in practice. He noted with satisfaction, in paragraph 32 of the report, the measures taken to strengthen the independence of the National Advisory Commission on Human Rights, set up in January 1984.
22. It was clear from paragraphs 33, 34, 35 and 36 of the report that France supported the integration process under way in South Africa. In connection with paragraph 37, he pointed out that the new Penal Code came into force that very day. The encouraging developments included the Act of 13 July 1990 providing for the punishment of all racist, anti-Semitic or xenophobic acts, which added to the list of associations authorized to institute civil proceedings by extending that possibility to associations which sought "to assist the victims of discrimination based on their ... racial ... origin" in addition to those which, according to their statutes, sought "to combat racism" (para. 51). The same Act authorized certain associations to exercise the right of reply to defamatory allegations concerning a person or group of persons (para. 57). He also took note with satisfaction of the subsidies granted to organizations and associations involved in action to combat racism (para. 58) and of the establishment, in 1988 of the InterMinisterial Unit to Coordinate Action to Combat Racism (para. 59). It was undeniable that the range of measures enumerated were steps in the right direction.
23. Nevertheless, a number of questions arose from a reading of the report (CERD/C/225/Add.2). First of all, regarding the statistics provided in paragraph 8 on convictions handed down on charges of racism, it would be interesting to know whether the increase observed between 1984 and 1991 had continued, and whether it had increased still further or diminished; he would also appreciate the relevant figures. In addition, it was impossible not to be struck by the high proportion of young people aged under 29 who were convicted for racist offences. That observation was noteworthy in present circumstances, in which there was a rising trend in racism among young people.
24. He considered that training in police academies (para. 22) was all the more important in the light of the case recently brought to his attention of a detainee who had allegedly died of hunger and exhaustion after spending four months in prison: the person concerned had been arrested for unauthorized residence in France. The communiqué issued by the Ministry of Justice had simply indicated that a detainee weighing 30 kg had been found dead in his cell. Furthermore, the conditions in which foreigners were held in the premises of the Paris Police Prefecture were allegedly so intolerable that since 1991 the Council of Europe had expressed its concern.
25. A reference was made in paragraph 23 of the report to a circular sent to the French prefects in order to intensify action to combat racism, anti-Semitism and the revival of nazism. That reference to nazism led him to set the problem of racism and anti-Semitism in France within the broader European framework. After having referred to the Fascist-inspired parties in Italy, Germany and Russia, he raised the question of the Front national, headed by Mr. Jean-Marie Le Pen, which had demanded that immigrants should be sent back to their own countries to work and expressed the view that the gas chambers and the Hiroshima A-bomb had merely been historical details. The Front national had obtained slightly more than 12 per cent of votes in the March 1993 legislative elections, i.e. a 2 per cent increase over the 1989 legislative elections. According to observers, the ideas of the Front national were gaining ground among young people in France. He was concerned about that trend, as it linked up with his question about the trend in racist offences among a certain age group of the population, among whom they seemed to be increasing regularly. The Front national seemed to be particularly attractive to voters aged under 28 among the low-income sectors of the population, and provided its activists with intensive training on how to increase their influence among the media and to generate sympathy among shopkeepers, etc.
26. Nevertheless, Jean-Marie Le Pen was not free to act as he wished in France, and had on several occasions been banned from speaking in public. He had even been prosecuted for racist remarks. However, in the light of the reference made in the report to the revival of nazism, the question arose of whether the Front national was not an active minority pursuing a racist and populist policy, against a background of deep economic crisis and a crisis of national identity arising from the emergence of a still vague supranational European identity. He said that the foregoing reflected his personal interpretation of the Front national phenomenon in France.
27. One example illustrated the difficulties France encountered in dealing with a politician such as Mr. Le Pen, against the background of economic crisis, unemployment and a crisis of political representation and European construction. The Paris Court of Appeal had convicted Mr. Le Pen for having stated, in a speech broadcast by a television channel in 1984, that France had to face up to two dangers, first the Soviet Union, and second the third world and, in particular, the Arab-Muslim world which, according to him, was "colonizing" France. The Court of Cassation had subsequently quashed the conviction on the grounds that Mr. Le Pen had not exceeded the limits of freedom of expression.
28. However, where discrimination in access to housing and school were concerned, it was fair to point out that the French mayors who had been charged with and convicted of such offences were not members of the Front national. He wondered why there was no public reprimand procedure within the political parties themselves.
29. Commenting on paragraph 37 of the report (CERD/C/225/Add.2), he strongly welcomed the entry into force of the new Penal Code. However, France's report seemed to neglect the changes in legislation in respect of immigration and nationality since the change of Government. In particular, it made no mention of the amendment to the Nationality Code, which called jus soli into question. A person born in France of foreign parents was no longer automatically granted French nationality: he or she had officially to apply for it between the ages
of 16 and 21. That new provision gave rise to a number of problems. He asked what would be the institutional and psychological situation of young people aged under 16 who were citizens of no particular country. They would in practice be singled out. It was also possible that through inertia, neglect or ignorance some young people would fail to make the application between the ages of 16 and 21 and would thus lose the possibility of acquiring French nationality. Under an earlier act, between the ages of 18 and 21 foreigners born in France had been able to obtain a residence permit, subsequently renewable for a 10-year period. As a result, persons who had failed to apply for nationality had at least been able to remain in France after the age of 21. However, the Act of 24 August 1993 had apparently done away with the possibility of residing in France for 10 years. He asked for clarification of the situation and whether it was possible to assert that there was a genuine integration policy in France.
30. The new legislation concerning immigration and nationality also entailed radical changes to the right of asylum. As a result, inter alia, of the economic crisis, refugees were no longer welcomed as warmly in France as in the past and many asylum seekers' applications were rejected. Referring to the "zone defence exercise" allegedly held on 9 and 10 December 1992 in south-east France for the purpose of testing the capacity of the French operational services to deal with the sudden arrival of 14,411 refugees on French territory, he asked why that precise figure had been chosen and for further details.
31. The new Nationality Code also gave rise to problems in respect of mixed marriages. A couple of mixed nationality was now required to prove that they had been married and living as a married couple for at least one year before the foreign spouse was able to obtain French nationality. The Code also limited welfare protection for foreigners, by making their entitlement to social security dependent on the possession of a residence permit. Moreover, in accordance with article L 381.30/1 of the Act of 18 January 1994, foreigners who were in detention and who did not have a residence permit were entitled to sickness and maternity benefits only for themselves: their family members were not eligible for them.
32. Preventive identity checks posed another serious problem. He asked on the basis of what criteria other than racial features the police, who were now authorized to check the identity of individuals in the street or in public places, would suspect one person rather than another of being a foreigner. All those provisions placed foreigners in France, whether residents, tourists or students, etc., in an uncertain and precarious position, as was attested by numerous reports. It was true that the Constitutional Court had imposed restrictions on that legislation. Nevertheless, the position of the Minister of the Interior, Mr. Pasqua, was in some respects evocative of the ideas of Mr. Le Pen, as it sought to cast a shadow, not merely of suspicion but also of guilt, on foreigners, principally because of the threat they were alleged to pose. He asked where the danger really lay if, as was stated in paragraph 10 of the report, the statistics showed that France's foreign population was numerically stable. He asked whether one could seriously speak of a threat of invasion.
33. Turning to another topic, he asked for clarification of the controversy caused in France by a bill to amend the Falloux Act, whose purpose was to increase State subsidies for private schools to the detriment of State schools.
34. Finally, in respect of New Caledonia, where demographic and economic imbalances persisted and where white hegemony was apparent in all spheres of society, it would be desirable to have precise demographic statistics as well as details of the living conditions of the Kanak population and, in particular, the situation of the local production cooperatives vis-à-vis the European importers' and distributors' lobby.
35. Mr. DIACONU thanked the delegation of France for its eleventh periodic report (CERD/C/225/Add.2) and for its oral introduction. The report was frank: it acknowledged the existence and persistence of xenophobic, racist and anti-Semitic ideologies and acts, it recognized the threat they posed to French society as a whole and proclaimed the need to step up the action to punish them.
36. The periodic report was intriguing both in terms of the innovations to which it referred and of its shortcomings. By way of innovations, the right of certain associations to institute a civil action when certain offences of a racist nature were committed (paras. 5 and 51-57 of the report), the criminal liability of legal persons (para. 38), the measures taken at the local level (the responsibilities of the prefects and mayors, the establishment of departmental units to coordinate action to combat racism, urban policy, etc.) and public information measures, particularly those setting limits to freedom of expression to help combat racial discrimination (paras. 19 and 20) were particularly noteworthy. The French authorities' concern to resolve economic and social problems was also encouraging, as poverty often resulted from racial discrimination and in turn helped to maintain it. The effort to enrol non-French speaking foreign children in school and to bring them up to standard (para. 46) and the emphasis placed on training for teachers assigned to that task (para. 47) were also extremely encouraging.
37. Nevertheless, there were some shortcomings in the report. The figures provided in paragraph 10 showed that 40 per cent of the 3,580,000 foreigners in metropolitan France were of European origin, while the remaining 60 per cent were from other continents. He asked whether they formed different ethnic groups with distinct ethnic and linguistic features from the rest of France's population. He also asked what specific measures had been taken by the Government of France to ensure their development and protection in order to guarantee them the full and equal enjoyment of human rights and fundamental freedoms, as provided for in article 2, paragraph 2 of the Convention, of which no mention was made in the report.
38. The report gave many examples of racist or anti-Semitic activities which had been condemned and punished. He asked whether organizations that engaged in such activities had been declared illegal and prohibited, as provided for by article 4 (b) of the Convention. The International Federation of Human Rights had drawn attention to a professional association within the police which sought to promote such activities: he asked whether that organization had been penalized.
39. Paragraph 45 of the report referred to "violent incidents ... in several towns". Such occurrences were increasingly widespread throughout Europe. He asked how the French authorities reacted to them and what was done to ensure they did not recur in other towns. In the light of the violence occurring in his own country, he was particularly interested in receiving an answer to those questions.
40. Paragraph 46 of the report referred to the education provided for foreign children. He asked what the position was with regard to the study of mother tongues and whether it received any official encouragement. He also asked for information on the specific cultural activities of different ethnic groups. Paragraph 11 of the report provided statistics on the population of the overseas departments and territories. Clearly, those populations belonged to other races which were in a minority in comparison to the French population as a whole but which might be in a majority in their own country. He asked what the French authorities were doing to preserve and develop the ethnic and linguistic identity of those local communities and what rights those populations had to enable them to develop their own identity.
41. It was disturbing that foreign populations congregated in certain districts, territories or suburbs at the risk of instituting segregation with foreseeable and harmful consequences. He asked how the French authorities and the non-governmental organizations planned to avoid such segregation, and what its consequences were on the enjoyment of human rights by the various groups and ethnic communities.
42. Mr. WOLFRUM thanked the French delegation for its eleventh periodic report and its oral introduction. The Act of 13 July 1990 providing for the punishment of all racist, anti-Semitic or xenophobic acts, together with the three Acts of 22 July 1992 amending the Penal Code were two particularly important developments. The extension to associations of the right to bring proceedings in connection with racist offences (report, CERD/C/225/Add.2, paras. 5 and 51-57) was an innovation which had no equivalent in any other country. It would be interesting to know whether that innovation had actually led to an improvement of the situation. For that reason, the Committee looked forward to receiving France's next periodic report.
43. Paragraph 4 (b) of the current report stated that "a discriminatory refusal to provide goods or services ..." was penalized and punished. He asked what criteria were used to determine whether an act was discriminatory. In that respect, General Recommendation XIV of the Committee provided the following criterion: "A distinction is contrary to the Convention if it has either the purpose or the effect of impairing particular rights and freedoms." He asked whether that definition was fully covered by the relevant French legislative provisions. He also asked how it could be demonstrated before the courts that "refusal ... to provide goods or services" was "discriminatory". He gave the example of a refusal by a hotel manager to accept a dark-skinned client on the grounds that there were no free rooms - a common occurrence in many countries. He asked who would be responsible for proving that the refusal had been discriminatory. In that regard, several mechanisms were available under the United Kingdom's legal system, including shifting the burden of proof. He asked whether the French legal system contained such machinery.
44. Paragraph 12 of the report stated that the Act of 13 July 1990 prohibited any discrimination based on membership or non-membership of an ethnic group, nation, race or religion. He asked whether that principle prohibited the remedial measures authorized by article 2, paragraph 2, of the Convention on behalf of disadvantaged groups. He also asked what the term "ethnic group", meant, whether it referred to the foreigners mentioned in paragraph 10 or whether it might also include French citizens of different origin. Referring to the example of the hotel manager refusing a potential client, he asked whether he would be criminally liable under the Act of 13 July 1990 if he turned away a Basque or Breton customer.
45. He asked for clarification of the term "publication" in paragraph 13 of the report. He asked whether it was the conviction that had to be published or the name of the perpetrator of the offence. At all events he hoped that it was not the name of the victim. He would be grateful to the French delegation for further details of the purpose of the publication.
46. The penalty referred to in paragraph 15 of the report reflected an extremely positive approach; however, he asked whether it was frequently applied in practice. The first sentence of paragraph 19 referred to the prohibition on selling publications that emphasized "discrimination or racial hatred" to minors under 18 years of age. The second sentence of the same paragraph mentioned the prohibition on selling the same publications to adults. He asked in what circumstances the first or second measure was decided and what difference there was between them.
47. Paragraph 26 of the report concerned the training of police officers. He pointed out that the Committee's General Recommendation XIII concerned that topic, and asked for further information on the content of such training and whether foreigners could be recruited into the police forces. In some cases, that could be extremely useful.
48. Paragraph 38 referred to the "criminal responsibility of legal persons ... for the offence of discrimination committed by a private individual" which was an extremely interesting and innovative approach. He asked in what way such responsibility was penalized and in particular whether it was possible to invoke the individual responsibility of the members or chairman of a board of directors.
49. With regard to the "integration of the foreign population living in France" referred to in paragraph 44 of the report, he asked whether the French authorities helped them to preserve certain elements of their own cultures and whether the French education system provided teaching of the mother tongue for foreigners or French citizens from a different culture. As an example he cited the efforts made by Sweden to help safeguard the "cultural identity of immigrants", which was precisely the purpose of article 2, paragraph 2, of the Convention.
50. He asked whether it was possible under the French legal system to prohibit racist organizations or political parties, as was required of States parties by article 4 of the Convention.
51. He was disappointed by the information provided on the overseas departments, both in the written report and orally. He asked for information on the social and economic circumstances of the indigenous populations in French Polynesia and New Caledonia, in terms of income, social status and land ownership. He asked whether it was true that a large proportion of the land in the Polynesian Islands belonged to hotel or tourist companies. He also asked what the French Government was doing to preserve the identity of Polynesia and of New Caledonia, as portrayed in Gauguin's paintings.
52. Lastly, he asked what restrictions applied to the use of various regional languages such as Alsatian and Breton and whether it was true that some details concerning the family - birth, marriage, death - could only be published in French in the newspapers. He asked whether there were any such provisions and whether they were still in force.
53. Mr. SONG thanked the French delegation for its periodic report, its supplementary written report and its oral introduction. He hoped that the new measures taken to combat racism and racial discrimination, and in particular the preventive measures set out in paragraph 26 of the report, would yield good results.
54. The evolution in the age structure of offenders, described in paragraph 8 of the periodic report, apparently reflected a widespread trend in all European countries. During the current year there had been a surge of nazism in some European countries. He asked whether those phenomena would have an impact on France and whether the problem should be considered within an international context.
55. Paragraph 10 of the report showed the distribution of the foreign population by nationality. However, no mention was made of citizens of Viet Nam or Cambodia. He asked what was the percentage of Vietnamese and Cambodian citizens in France and whether there was any racism expressed towards them.
56. He noted that the contacts between the police and some communities, referred to in paragraph 28 of the report, had apparently led to a decline in racist acts and threats. He wondered whether there was a relationship between the number of prohibitions of racist or anti-Semitic publications, referred to in paragraph 25, and the number of racist acts or threats, referred to in paragraph 28.
57. When immigrants arrived in France, their first contact with the authorities was through the police and border security forces. He asked whether they showed the same attitude towards immigrants from Europe on the one hand and from Africa and Asia on the other and what measures the police had taken in respect of the latter group.
58. Finally, he asked whether measures had been taken in French Polynesia to protect the inhabitants against discrimination, to contribute to preserving their cultural traditions and to help them to develop and to prevent their gradual disappearance.