NEW ANTI-IMMIGRATION PROPOSALS EMBARRASS THE GOVERNMENT
A parliamentary committee of inquiry is calling for new, radical measures against immigrants, and Interior Minister Jean-Louis Debré has presented a first proposal for a draft bill aiming at a further sharpening of the infamous "Pasqua laws" on immigration. A xenophobic extreme-right clique within the parliamentary majority is increasingly imposing its policies on the right-wing government of Prime Minister Juppé.
Half a year ago the Parliament set up a Committee of inquiry on illegal immigration. The objective of the Committee was to examine the reasons for the malfunction of existing legislation against illegal immigrants and to propose remedies.
The Committee is composed of 30 MPs. Among the MPs representing the governing majority are no fewer than six MPs known for their extreme-right and xenophobic stance. Opposition is represented by only three socialist and one communist MP.
The findings of the Committee were presented in a report in April.
Special visa and finger-print registering
The report introduces the discriminatory term "migration risk countries". To make things clear, the authors of the report expressly specify that "there is of course no question of penalizing the Americans or the Canadians".
In order to prevent nationals from "risk countries" destroying evidence proving their nationality and their identity, the report recommends that digitalized finger-prints be taken from all "risk country" nationals applying for a visa. For the same purpose, a threefold visa would be issued: the first copy would be kept by the issuing Consulate, the second would be sent to DICCILEC (Border protection police), while the third would be put into the hands of the airplane-crew on the journey to France and passed on to the French police upon arrival.
It is noteworthy that the number of granted visas fell from 5.6 million in 1987 to 2.3 million in 1994.
"Host register"
Under the French Foreigners Law, visitors from countries subject to visa obligation must show an accommodation certificate proving that they will be the responsibility, during their stay, of a person with legal residence in France. The Committee of Inquiry is of the opinion that these accommodation certificates are a source of illegal immigration, with many visitors simply remaining in the country once their visa has expired. Consequently, the report recommends sweeping surveillance measures aimed not only at the foreign visitors but also at their French hosts. Thus, persons accommodating foreigners would be registered in a special national data register. The authorities would thereby be able to check whether a host has a sufficient income to stand guarantee for the foreign visitor and to hold hosts liable for foreigners who fail to leave the country. This means that, just as "carrier sanctions" aim against private airlines bringing unwanted foreigners into the country, "host sanctions" would aim against private individuals who fail to throw foreigners out of the country. However, Paul Lagarde, a professor of law at Paris-I University, says there is no legal basis for compelling hosts to take their foreign visitors back to the border.
Searches
The report recommends that not only Customs but also DISSELEC and the Gendarmerie be authorised to search motor vehicles in 20 km deep zones inside the French borders, as well as in port and airport areas.
Medical care
The Committee is of the opinion that medical aid is granted to illegal immigrants in a "too liberal manner" and recommends that it be limited to cases of emergency or risk of contagion only.
Children punished for old sins of their parents?
The report considers the abolition of the right for foreign children born in France to seek French citizenship, if their parents were in the country illegally at the time of their birth.
Prolonged detention of deportees
The period under which foreigners may be detained pending their deportation could be extended to 45 days, if the Committee has its way.
The Interior Minister's "preliminary" draft bill
Already in early March, before the publication of the parliamentary committee's report, Interior Minister Debré had prepared what he called a preliminary draft bill on immigration. Among other things, the bill provides for the detention without any time limit of foreigners who hide their ID documents, the seizure of passports of suspected immigrants, a finger-print register on illegals, a register of persons who accommodate foreigners, and a ban on disembarkation for clandestine passengers who wish to apply for asylum . . .
Scepticism within the Government
Both above initiatives are expected to result in one bill that could be presented to parliament before the summer vacations and voted in autumn.
However, French human rights organisations and distinguished legal experts have contended that a number of proposals both in the Interior Ministers draft bill and the report of the parliamentary committee breach the Constitution and are therefore likely to be annulled by the Constitutional Council, if passed by Parliament.
Even within the Government, the plans of the Interior Minister and the committee are being met with scepticism. Former Interior Minister Charles Pasqua said it would be better to actually enforce his restrictive foreigner law package of 1993 instead of amending foreigners law for the 14th time in 16 years. Pasqua's views are said to be shared by Prime Minister Juppé and Justice Minister Toubon. And the Paris daily Libération quotes a senior government official's comment on the parliamentary report: "This committee of inquiry was real bullshit, it should never have been set up. This inevitably meant handing over to the extremists. And here is the result".
Sources: Libération, 5.4.96, 16.4.96; Le Monde, 30.3.96, 17.4.96.