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A few hours after a grand jury decided not to indict the police officer who shot and killed Michael Brown in Ferguson, Missouri, French Minister of Justice Christiane Taubira issued several tweets demonstrating a keen interest in issues of racial discrimination. One tweet reads “Michael Brown, Racial profiling, social exclusion, territorial segregation, cultural relegation… arms, fear… a fatal cocktail!”

The dynamics referred to by the minister also hold true in the French context, where a widespread problem of racial profiling continues to plague relations between the police and visible minority communities.  

While there are no official figures available due to the absence of any form of monitoring, a survey carried out by Opinion Way, released in May by Graines de France, Human Rights Watch, and Open Society Justice Initiative, confirmed that police use of identity check powers remains massive and that these powers continue to be exercised in a discriminatory manner.

Recognizing the seriousness of the problem, President Hollande made an explicit electoral commitment to “fight against discriminatory identity checks through a procedure that respects citizens.” Shortly after his nomination as Prime Minister, Jean Marc Ayrault made a public announcement indicating that the government was preparing a text providing that persons checked receive a written record of the encounter. Only a few months later however, then Minister of Interior Manuel Valls expressed hostility to the measure, and it was quickly buried.

To date, two and a half years after Hollande's election, no serious measure has been taken to reduce the problem of discriminatory identity checks and ensure that police powers are used in a manner that respects fundamental rights. The government’s failure to follow up on this promise has generated widespread frustration and anger among discriminated groups. France’s recent history contains many examples of identity checks that ‘go wrong’ leading to civil unrest.

Under French law, police have wide discretion to stop individuals for identity checks without individual and objective grounds to do so based on individuals’ behavior. Reforming this vague and permissive legal framework is key to limiting discrimination and ensuring an appropriate and transparent use of these powers.

It is also crucial to introduce a system of recording identity checks that makes it possible to hold to account responsible officers and their superiors. For police supervisors, data makes it possible to ensure that powers are being used in a lawful and effective manner.

Our organizations have for years called for reform of the law. Minister Taubira can play a crucial role. Her Ministry could, for instance, spearhead the creation of an inter-ministerial commission aimed at examining and reforming the legislative framework regulating identity check, frisk, and search powers as a preliminary step to preparing a draft bill.

The Ministry could also immediately conduct an audit on the use and effectiveness of identity checks carried out under prosecutors’ orders, which fall under the responsibility of the Ministry of Justice.

In addition, Minister Taubira can order her cabinet to issue a general circular to prosecutors recalling that binding human rights standards, including non-discrimination, apply to police practices. Last year, the Minister’s Cabinet indicated to a group of nongovernmental organizations, including our own, that they would issue such a circular. However, to date, they have not followed through on this commitment.

We hope to soon read a tweet by Minister Taubira announcing that the Justice Ministry has implemented the Presidential commitment by reforming article 78-2 of the Code of Criminal Procedure making it possible to address abusive and discriminatory identity checks.

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