Dear Prime Minister,
Following the formation of your government and your general policy speech to the Parliament, we are writing to urge you to put respect for and promotion of human rights at the heart of your national and international policies.
Human Rights Watch is an independent non-governmental organization that monitors human rights in over 100 countries around the world. We work on human rights in France on issues ranging from the rule of law to women's and children's rights, discriminatory police practices, the rights of refugees, asylum seekers, and migrants, including unaccompanied migrant children, and various other issues.
In the aftermath of an election marked by alarming levels of hateful rhetoric and divisive discourse, and amid growing concerns about social inequalities and public mistrust in politics, it is critical that your government prioritize rights-based policies. These policies should ensure the protection of everyone's fundamental rights and freedoms, protect people’s right to an adequate standard of living, and address all forms of discrimination.
France’s human rights record has deteriorated significantly in recent years. Laws passed under successive governments have undermined freedom of assembly and association, while undermining the rights of migrants and asylum seekers. The excessive use of procedures that bypass parliamentary oversight weakens democratic processes. Moreover, successive governments have failed to address systemic issues like structural racism and discriminatory policing.
The new Interior Minister’s recent hostile comments on the rule of law and immigration have deepened the concerns of rights organisations about the commitment of the new government to democratic principles and human rights. Such rhetoric from a key government figure is deeply troubling. While your general policy speech reiterating France's commitment to the rule of law and the rejection of racism, anti-Semitism, and discrimination was welcome, it is essential that these words translate into concrete action. Civil society organizations will be closely monitoring government policies and practices to ensure these principles are upheld in practice.
In an international context of growing threats to the international human rights system, and amid escalating crises marred by appalling rights violations, it is also vital that France’s diplomacy is firmly rooted in human rights principles.
To this end, we present our recommendations on four key topics that we hope will guide your government’s actions.
Rule of Law
The rule of law in France is eroding, a trend confirmed by various independent institutions. This negatively impacts democracy and human rights in France and undermines France’s capacity to promote rule of law and respect for democratic institutions across the EU and in its foreign policy. Human Rights Watch, alongside other right groups and UN bodies, has repeatedly criticized French police for using excessive force during protests, resulting in injuries of protesters and threatening the right to peaceful assembly. This was evident both during the “yellow vest” protests in 2018, and the demonstrations against the pension reform in 2023, where scores of protesters were injured by police who employed aggressive crowd control and anti-riot tactics. Journalists have also been assaulted by security forces while covering protests. As the United Nations Special Rapporteur on Freedom of Association reminded the French authorities in 2023, “peaceful demonstrations are a fundamental right that the authorities must guarantee and protect”.
Civic space in France is subject to worrying restrictions. Anti-discrimination, environmental, and human rights organizations have been targeted through measures such as dissolution by ministerial decree, funding restrictions, administrative obstacles, and legal proceedings. The “separatism” law, with its “Contract of Republican Engagement,” has further exacerbated these concerns by imposing burdensome requirements on organizations and contributing to a climate of distrust. The European Commission's July 2024 Rule of Law report underscored these concerns, highlighting problems with the granting and withdrawal of public subsidies to civil society organizations.
The Interior Minister’s concerning statement that “the rule of law is neither intangible nor sacred” amplifies civil society's concerns about the erosion of fundamental democratic principles that are also cornerstones of the European Union.
We therefore urge you and your government to:
- Foster a political and social landscape that respects the rule of law and recognizes the essential role of a vibrant, independent, and dynamic civil society.
- Uphold and protect the rights to freedom of expression, association, and assembly.
Review crowd control policies to ensure effective safeguards against excessive use of force during protests and unjustified interference with the right to peaceful assembly. Thoroughly investigate alleged abuses and hold officers accountable for excessive use of force and other law enforcement abuse.
- Immediately cease the practice of dissolving civil society organizations by ministerial decree.
- Guarantee a transparent and non-discriminatory process for awarding and withdrawing public subsidies, with clear criteria and avenues for appeal.
Discrimination and Intolerance
Reported antisemitic, anti-Muslim, racist, and xenophobic acts increased in 2023, with antisemitic acts increasing by 284%, anti-Muslim acts increasing by 29%, and other racist and xenophobic acts increasing by 21%. Hate crime data suffers from underreporting because it relies on victims having the confidence or knowledge on where and how to report cases. The specific increase in antisemitic and anti-Muslim acts in France, and throughout Europe, in 2023 is linked to fallout from the Hamas-led assault on southern Israel on October 7 and the atrocities that have occurred during the ensuing hostilities between Israel and armed groups in Gaza.
In January 2023, the government presented a long-awaited extension of its previous national plan to combat racism, antisemitism, and discrimination. While a strategic approach is necessary, the plan had significant shortcomings, notably the lack of measures to combat ethnic profiling as well as to recognize the existence of systemic racism and to identify ways to address it. The action plan was also a missed opportunity to demonstrate a commitment to collect official disaggregated equality data that would help inform policymakers in understanding the realities of communities affected by structural discrimination.
Ethnic profiling during police checks, disproportionality affecting Black and Arab youth (and those perceived as such), continues to be pervasive in France, even though the Constitutional Council, France’s highest constitutional court, has confirmed that identity checks must be “based exclusively on criteria that exclude discrimination of any kind.” Successive governments have failed to take the necessary measures to end this widespread, systemic discrimination that violates France’s national and international obligations.
We therefore urge you and your government to:
- Ensure that policies against racism recognize its systemic nature, define the different forms of racism, and address the (historic) root causes of racism, while also investing in the human rights-based collection of equality data disaggregated by racial and ethnic origin that informs policymaking on anti-racism.
- End discriminatory policing affecting particularly Black and Arab youth or youth perceived as such., in particular by undertaking the necessary reforms to end racial profiling, including but not limited to reforming the legal framework for identity checks, adopting specific rules for police controls of children, developing a system for recording police stops, collecting data on identity checks, and creating an independent and effective complaints body.
Rights of Migrants, Asylum Seekers and Refugees
The migration law that entered into force in early 2024 poses a serious threat to the rights of migrants, asylum seekers, and refugees. This law has been widely criticized by the French human rights ombudsman, leading public figures and numerous human rights organizations, including Human Rights Watch, as the “most regressive” legislation on migration in decades.
The Interior Minister’s recent anti-migrant rhetoric coupled with announcements of yet another new migration law less than a year after the promulgation of the last one, whose implementing decrees have not even all been published, is causing deep concern among civil society organizations.
For years, human rights groups have documented French authorities subjecting migrants and asylum seekers to degrading treatment, including police harassment, restrictions on access to humanitarian assistance, and the summary rejection of unaccompanied children at borders. These children, even those within French territory, are often denied access to protection and essential services.
The English Channel is becoming increasingly perilous, with a rising number of deaths from attempted boat crossing. 2024 has been the deadliest year, adding to the already considerable number of deaths in the Mediterranean Sea. These deadly incidents illustrate the devastating human cost of the failure of the United Kingdom and France’s deterrence policies.
We therefore urge you and your government to:
- Uphold the human rights of migrants, asylum seekers, and refugees, ensuring humane treatment, full respect for their rights, and robust protection of the right to asylum.
- End all degrading treatment and police harassment of migrants and asylum seekers, ensure unimpeded access to humanitarian assistance and essential services, and cease police harassment of humanitarian and human rights workers.
- Fulfil France’s legal obligations to unaccompanied children by ensuring their access to appropriate care, accommodation, education, and other essential services.
- Champion the establishment of a permanent relocation and responsibility-sharing mechanism within the EU to alleviate the pressure on first countries of arrival and the suffering of people at the EU's external borders.
- Support emergency temporary relocation programs in times of increased arrivals.
- Collaborate with the UK government to establish safe and legal routes for asylum seekers and migrants to reach the UK, including a dedicated procedure for unaccompanied children to join family members, and the development of migration channels that take into account historic ties between countries of origin and intended destination.
- Support changes at the EU Border and Coast Guard Agency Frontex to ensure that information about boats in distress in the Mediterranean Sea is used to facilitate timely rescues, including by nongovernmental organizations, rather than interceptions.
Foreign policy
In a global context of growing threats against the international human rights system and rising authoritarianism, as well as rights crisis marked by horrific rights violations and human suffering, it is critical that France, as a permanent member of the UN Security Council and a member of the UN Human Rights Council, plays a leadership role in defending rights globally and in strengthening international human rights systems and frameworks.
It is also paramount that France supports accountability and international justice for all victims of serious crimes, mobilizes atrocity prevention mechanisms, and takes action to protect civilians during atrocity-filled crisis and conflicts such as in Israel-Palestine, Lebanon, Yemen, Ukraine-Russia, Sudan, Ethiopia, Sahel, eastern-DRC, Myanmar, Haiti and elsewhere.
Double standards in applying human rights principles and frameworks undermines the universality of human rights and profoundly erodes confidence in the international system. It is therefore vitally important that France and the European Union’s commitments to human rights, the rule of law, and international law not fluctuate according to their political, economic, and strategic interests with abusive governments, as we are witnessing all too often.
Business or arms deals with France’s close partners such as India, Egypt, the UAE, and others should not be a reason for France to ignore the appalling human rights records by these governments. Such selectivity can only undermine France’s credibility when promoting human rights values on the world stage. France should make its partnerships with abusive governments conditional on progress on human rights.
French arms transfer to governments committing war crimes or other grave violations, like the UAE or Saudi Arabia in Yemen, can contribute to these violations and risks France’s complicity in atrocities. Arms exports and military assistance should be suspended when there is a risk that they may be used to commit serious violations of international humanitarian law.
In a recent statement, President Macron called for a suspension of arms transfers to Israel for its military operations in Gaza. France should suspend all exports of military equipment, including military components, to the Israeli government as long as there is a risk that they be used in serious IHL violations against civilians in Gaza and elsewhere.
In the context of the conflict in Sudan, civilians are facing widespread atrocity crimes, including crimes against humanity, the willful blocking of humanitarian aid by the warring parties resulting in famine, and a gaping physical protection vacuum. We welcome France’s efforts through the international conference organised in Paris in April, but it remains vitally important that France, together with other countries, acts in favour of the development of an international protection mission for civilians focused on their humanitarian needs and to ensure them greatly needed physical protection.
In the face of Beijing’s continuing crimes against humanity in Xinjiang and other appalling human rights abuses in Tibet, Hong Kong, and elsewhere in China, France should mobilise its efforts together with other countries to hold the Chinese authorities accountable for these abuses.
France’s feminist diplomacy is an important dimension of the country’s international policy, but it should translate into more concrete actions. The worst women’s rights crisis in the world is unfolding in Afghanistan, where the Taliban commit systematic violations against women and girls. Yet governments and international institutions have failed to take meaningful action to end this egregious abuse, ensure accountability and support Afghan women. It is urgent that France and other countries join their effort to build a robust international response, including through the creation of an international investigative mechanism.
Ahead of COP29 in Azerbaijan, we also call on your government to ensure the implementation of policies that will allow national, European and international climate goals to be met, including through transitioning away from fossil fuels in an equitable, time-bound, and rights respecting manner. It is also of great importance that France delivers a clear message at COP29 that equitable and ambitious climate action requires the meaningful participation of civil society and independent voices.
At a time when human rights crises are multiplying and international justice is under fierce attack, France's commitment to the fight against impunity and its unwavering support for the International Criminal Court (ICC) and its global mandate is more essential than ever. Consistent and principled support for the Court to deliver justice to victims of serious crimes across its docket from Ukraine to Palestine to Sudan, is needed to maintain the credibility of France’s international diplomacy efforts, build cross-regional support on key priorities, and uphold the integrity and legitimacy of the international rules-based order.
We therefore urge you and your government to:
- Take action in multilateral fora, especially the UN Security Council, General Assembly, and Human Rights Council, and build coordinated, cross-regional efforts with other countries to end grave human rights violations.
- Activate all available international mechanisms to prevent the commission of atrocities , and publicly and privately condemn atrocities when they occur.
- Actively support the reinforcement of international law, including by launching negotiations on new international treaties on crimes against humanity and autonomous weapons systems.
- Condition your government’s partnerships with highly abusive governments on concrete progress in the area of human rights.
- Review all arms transfers to governments where there is a likelihood that they would be used to perpetrate abuses with a view to suspending or conditioning continued transfers.
- Suspend arms transfers to governments that are responsible for genocide, crimes against humanity, or widespread or systematic serious violations of international humanitarian law, and have failed to hold perpetrators of such abuses appropriately accountable.
- Ensuring consistent and sustainable political, financial, and practical support for the work of the ICC, while protecting the court’s independence.
- Remove the remaining restrictions limiting the application of universal jurisdiction in France to prevent France from becoming a haven for alleged perpetrators of atrocities.
- Translate French feminist diplomacy into concrete actions to defend women’s rights globally; take action at the Human Rights Council to hold the Taliban’s accountable for their systematic persecution of women and girls in Afghanistan; join the initiative recently undertaken by four states to pave the way for legal action at the International Court of Justice against these abuses.
- Implement policies that will allow national, European, and international climate goals to be met.
- Support civil society and human rights defenders under threat, particularly in countries with which France has strong strategic partnerships.
- Take action to address attempts by authoritarian governments, such as UN Security Council members China and Russia, to prevent civil society representatives and human rights defenders from speaking out in multilateral forums or during international events.
In light of these recommendations, we sincerely hope that your government will take all possible steps to implement policies that uphold international human rights standards and strengthen the rule of law at home and abroad. We stand ready to discuss these issues with you at your earliest opportunity.
Yours sincerely,
Bénédicte Jeannerod, France Director
Elvire Fondacci, Senior Advocacy Coordinator
