Human Rights in France29-10-2

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Democratic Governance

2010

and Human Rights

Directorate-General of Global Affairs, Development and Partnerships


Democratic Governance and Human Rights

Editorial by François Zimeray, Ambassador for Human Rights

If I had to summarise what France does for human rights in a nutshell, I would
say that it consists in transforming human rights into actual rights, by which I mean
going from the ideal as it is invoked to the law as it is applied. That confrontation of the
ideal and the real is without a doubt the most difficult part of what we do. It brings us up
against all the obstacles that the world puts in the way of the furtherance of rights. But
it also stirs the heart because there is always a human dimension. In fields as varied as
access to healthcare, the training of journalists, prison conditions and the demobilisation of
child soldiers, France is there, taking action. Those initiatives are true to the human rights
strategy defined by the Minister of Foreign and European Affairs. We are producing this
brochure because responsibility stands at the heart of what we do. We have an obligation
not only to do what we say but also to say what we do, to establish tracking indicators and
to evaluate the effectiveness of our policies. France’s commitment to the cause of human
rights stems from an obsession to serve not only the principles attached to its name but also
the interests of the children, women and men who place their hope in it.

Action to promote respect for human rights


is a key element of the interministerial stra- REFERENCE SHEETS AVAILABLE
tegy on democratic governance adopted in
Focusing on priority human rights issues,
December 2006. Our cooperation programmes in this these Reference Sheets summarise the
sphere are based on priorities that France forcefully initiatives supported by the Ministry of Foreign
advocates in the international political arena so that and European Affairs.
they can be turned into practical realities: respect Already published :
for children’s rights, women’s rights and freedom • Children’s rights in armed conflict ;
of expression, eradicating impunity and supporting • Women’s rights ;
international criminal justice, campaigning against • Human rights, sexual orientation and gender
the death penalty and torture, condemning forced identity (LGBTI).
disappearances, supporting human rights defenders, These sheets are available at
combating trafficking in human beings and discrimi- www.diplomatie.gouv.fr
nation linked to sexual orientation and gender identity.
These projects are carried out in partnership with
NGOs, with international organisations and with other or promoting greater transparency in mining indus-
countries. The establishment of the Human Rights, tries, the key is ultimately the human being whose
Sexual Orientation and Gender Identity Support Fund rights we seek to protect and further.
is a particularly innovative example. Going beyond
those issues, France is also attached to promoting
human rights across the board : whether in helping to
prevent crisis, reforming the security or justice sectors

Christian Masset, Pauline Carmona,


Director General of Global Affairs, Head of the Democratic
Development and Partnerships Governance Mission

❙❚ 2
The French approach

to human rights
Promoting and protecting human rights and democra-
tisation processes is an essential component of French
and EU foreign policy. It involves taking political and SUPPORT FOR ASSOCIATIONS
diplomatic action at national, European and internatio- AND NGOs
nal level and is combined with cooperation and support
initiatives on priority issues. The policy is part of France’s This project, drawn up with the International
strategy for promoting democratic governance adopted Federation for Human Rights (FIDH), involves
by the Interministerial International Cooperation and protecting human rights defenders and
Development Committee in December 2006. strengthening the networks through which civil
society exerts influence. Focusing on interna-
The French approach to democratic governance does not tional criminal justice and gender issues in 43
focus only on institutions. It also concerns processes for countries from the Priority Solidarity Zone, its
taking and implementing decisions and the involve- budget for 2007-2010 is €2.3 million.
ment of the relevant players, with the aim of promoting
Launched in 2008, the programme on “strengthe-
the rule of law and protecting and defending individual
ning Southern civil society organisations for the
freedoms. With the Millennium Development Goals as
promotion of democracy and respect for human
its corollary, the strategy seeks to protect the right to a
rights in these countries” enabled 23 projects
decent life, to equality in both law and fact, to freedom
to be supported, with financial pledges totalling
from discrimination and to full enjoyment of economic,
€7.5 million.
social and cultural rights.

Plus Points,
Facts and Figures
Acknowledged expertise in human rights at internatio-
nal level (political and diplomatic advocacy, participation
in international debates) and a pool of experts.
Extensive operational capacity through France’s diplo-
matic network abroad, the world’s second largest after
the United States :
• 160 embassies ;
• 128 consular sections ;
• 504 honorary consulates ;
• 184 cultural centres or institutes and 968 Alliances
françaises.
The gradual introduction of Governance Units in French
embassies, taking an across-the-board approach to prio-
rity human rights issues.
A facilitating and leveraging role to help give NGOs
access to European and international funding (European
Instrument for Democracy and Human Rights, EIDHR).

Riots during the Apartheid regime, South Africa © UN

3 ❙❚
Democratic Governance and Human Rights

Defending

women’s rights
Women’s rights are one of France’s priorities in its
global action for the respect and protection of human
rights. A PARTNERSHIP WITH UNIFEM
For a number of years, France has played an active role
Since 2004, the Ministry for Foreign and
in the adoption of international resolutions and under-
European Affairs has supported action to
takings. UN resolutions supported by France assert,
promote and protect women’s rights in
amongst other things, that women, who are often the
the Arab world (Algeria, Jordan, Lebanon,
main victims of armed conflict, can play a key role in
Morocco, Tunisia and the Palestinian
restoring peace and in post-conflict reconstruction.
Territories) in partnership with UNIFEM,
France also supports the work of the committee the United Nations Development Fund for
responsible for monitoring the Convention on the Women. It has provided €2.32 million in
Elimination of All Forms of Discrimination Against financial support for a project to enhance
Women (CEDEF/CEDAW), ratified by France in 1984. the knowledge and build the capacities
of institutions and NGOs in the field of
At the Beijing + 15 Conference in New York in March
women’s and family rights.
2010, France made a point of recalling the underta-
kings given at Beijing in 1995 concerning the repeal of In 2010, the Ministry of Foreign and
laws that discriminate against women. European Affairs is setting up a €1.5
million Priority Solidarity Fund to combat
At European level, French support was shown by the
violence against women, focusing on six
adoption of the EU Guidelines on Violence Against
countries in sub-Saharan Africa and the
Women in December 2008, which serve as a roadmap
Arab world.
for European diplomacy as a whole.
At national level, the French diplomatic service has
also set up a Gender Equality and Development
Platform.

 FOR FURTHER INFORMATION France supports the association


« Quartiers du monde »,
Reference Sheets : (Neighbourhoods of the World)
« France and Women’s Rights » which aims at reinforcing a network
of women in working class areas.
Available at www.diplomatie.gouv.fr (€390,000).

❙❚ 4
Protecting children

in armed conflict
 FOR FURTHER INFORMATION
Hundreds of thousands of children are still associated
with armed forces and groups all over the world, either Reference Sheets :
directly by taking part in fighting or indirectly by playing a « France and Children’s Rights »
supporting role as cooks, porters, spies, mine clearers,
Available at www.diplomatie.gouv.fr
guards at oil wells or diamond mines, etc. Young girls
are also often used for sexual purposes.
France is particularly committed to promoting and
protecting children’s rights and reintegrating them
into society. France has played an active part in the UN THE CHILDREN IN ARMED CONFLICT
Security Council Working Group on Children and Armed PROGRAMME
Conflict since its creation in 2005.
Since 2008, France, in partnership with French and
international NGOs, has been involved in a multi-year
cooperation project to improve the protection of children
in armed conflict in the Great Lakes region and in Central
and East Africa. Initiatives in these two regions focus on
(1) protecting child victims and helping with their long-
France supports :
• End Child Prostitution France, term reintegration into society, (2) preventing the use of
aiming at protecting children in children in armed conflict and raising awareness of their
developing countries from commercial rights, and (3) capacity-building for the communities and
sexual exploitation (90 000 €). authorities responsible for dealing with child victims of
• Handicap International, through a armed conflict.
programm aiming at more respect of the
rights of children with disabilities in Algeria France is providing €2 million between 2008 and 2011 to
(€114,500 for the 3rd year of the project). support the programme, in partnership with UNICEF, the
International Catholic Child Bureau (BICE) and Save The
Children.

An Iraqi child refugee in Damascus, Syria City of Ganta, Liberia © CICR/Teun Anthony
© Union européenne

5 ❙❚
Democratic Governance and Human Rights

Combating discrimination linked

to sexual orientation
and gender identity
France as one of the leaders International mobilisation

Over 80 countries currently prohibit sexual relations Since 2005, the International Day Against Homophobia
between people of the same sex. In some of them, it is and Transphobia (IDAHO) has focused public attention
an offence punishable by death. on homophobia and transphobia issues. The date of
May 17 was chosen to commemorate the World Health
In December 2008, France and the Netherlands jointly
Organisation’s decision in 1990 to remove homosexua-
presented the text of a Declaration on Human Rights
lity from the list of mental disorders.
and Sexual Orientation and Gender Identity to the
UN General Assembly. Signed by 67 countries to date, At the end of an international conference on homo-
the Declaration represents a historic step forward phobia held in Paris in May 2009, France set up an
in recognising the fight against breaches of human international support fund to finance practical
rights based on sexual orientation and gender identity. initiatives. With resources provided by France, the
Netherlands and Norway, this fund, managed by France
Coopération Internationale (FCI), is intended to finance
actions to support players from civil society working on
these issues where the needs are most apparent and
has a budget of €200,000 for 2010-2012.

 FOR FURTHER INFORMATION

Reference Sheets :
« France and the Human Rights,
Sexual Orientation and Gender
Identity Support »
Available at Global Economy and Development Strategies
• Democratic Governance Mission

www.diplomatie.gouv.fr -9(5*, ;/,/<4(590./;: :,?<(3690,5;(;065(5+.,5+,90+,5;0;@:<7769;-<5+

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ǁŝƐŚŝŶŐƚŽƐƵƉƉŽƌƚƚŚĞĮŐŚƚ ƚŚĞǁŽƌůĚ͘
ĂŐĂŝŶƐƚ ŚŽŵŽƉŚŽďŝĂ ĂŶĚ
ƚƌĂŶƐƉŚŽďŝĂ ǁŚĞƌĞǀĞƌ ƚŚĞ
ŶĞĞĚƐĂƌĞŐƌĞĂƚĞƐƚ͘
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ͻĨŽƵƌ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐ ŽĨ
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ŝŶ ƚŚĞ ĂƐƐĞƌƚŝŽŶ ŽĨ ƵŶŝǀĞƌƐĂů ĂŶĚ ŝŶĚŝǀŝͲ
ƐŝďůĞ ŚƵŵĂŶ ƌŝŐŚƚƐ͘ ƐƐƵĐŚ͕ŝƚƐĂĐƚŝŽŶĐĂŶ Ͳ /ŶƚĞƌŶĂƟŽŶĂů 'ĂLJ ĂŶĚ >ĞƐďŝĂŶ ,ƵŵĂŶ
ZŝŐŚƚƐ ŽŵŵŝƩĞ
ĨŽĐƵƐ ĂƐ ŵƵĐŚ ŽŶ ƚŚĞ Đŝǀŝů ĂŶĚ ƉŽůŝƚŝĐĂů
ƌŝŐŚƚƐŽĨ>'d/ƉĞŽƉůĞĂƐŽŶƚŚĞŝƌĞĐŽŶŽͲ ŚƩƉ͗ͬͬǁǁǁ͘ŝŐůŚƌĐ͘ŽƌŐͬ

Defending the rights of homosexuals, Brazil © IDAHO ŵŝĐ͕ƐŽĐŝĂůĂŶĚĐƵůƚƵƌĂůƌŝŐŚƚƐ͘

❙❚ 6
International criminal justice and

combating impunity
Promoting international criminal justice is a major jurisdiction, whose Statute was adopted in Rome
plank of French foreign policy. on 17 July 1998. France takes part in awareness
Consequently, France played a leading role in favour campaigns in countries that are not yet party to the
of the creation of the International Criminal Court ICC, with the aim of achieving effective universal
(ICC), the first permanent international criminal competence for the Court.

THE INTERNATIONAL CRIMINAL COURT : MANDATE AND CHALLENGES


The ICC has the task of judging individuals accused of the most serious crimes (genocide, crimes against
humanity, war crimes) and works on the basis of complementarity: i.e. it hears cases only where natio-
nal courts do not wish or are unable to conduct investigations or bring prosecutions.
Although it has been in operation for eight years, the workings and legal principles of the ICC are largely
unfamiliar to most lawyers and decision-makers in the States Parties to the Court.
As part of the action to raise awareness of the Court’s work, in December 2009 France co-organised a
regional seminar on international criminal justice in Dakar, focusing on the International Criminal Court
and national jurisdictions, with the ICC, FIDH and the Justice Ministry. The aim of the programme was to
build the capacity of lawyers and decision-takers in States Parties to the Court in order to increase their
knowledge and understanding of how the Court works. The Ministry of Foreign and European Affairs
intends to repeat this type of action in Africa, the Arab world and Latin America.

Judges from the International Criminal Tribunal for Rwanda with Ban Ki-mon © UN

7 ❙❚
Democratic Governance and Human Rights

Support for

transitional justice
Born from the wish to strike a balance between ordinary
criminal justice and traditional methods of reconciling
communities, transitional justice is regarded by France FOREIGN MINISTRY SEMINARS
as a priority means of maintaining regional peace and
a weapon in the fight to eradicate impunity and defend For several years now, the Ministry’s
human rights. Democratic Governance Mission and
the International Center for Transitional
Since 2006, France has been engaged in cooperation Justice have worked together to organise
projects linked to transitional justice. Little known in the awareness-raising seminars on transi-
French-speaking world, the transitional justice process tional justice for professionals including
aims to support conflict prevention and restoration of multilateral agencies, NGOs, govern-
the rule of law. In practice, transitional justice may take ments, foundations and universities.
various institutional forms, the best known of which is
the Truth and Reconciliation Commission. Transitional In partnership with Switzerland and
justice is founded on four main pillars : the right to truth, the United Nations Centre for Human
the right to justice, the right to reparation and the Rights and Democracy in Central Africa,
prevention of future abuse through institutional reform. France organised a regional conference
on “Transitional justice: a way towards
France’s voice can also be heard in international debate, reconciliation and the construction of
urging the incorporation of the concepts of transitional a lasting peace,” which took place in
justice and the lessons learnt from their practical imple- Yaoundé, Cameroon in November 2009.
mentation into processes for security system reform
(SSR) and disarmament, demobilisation and reintegra-
tion (DDR).

Cambodian refugees returning from camps in Thailand (UNHCR train approaching Phnom Penh, 1992) © UN/P. Sudhakaran

❙❚ 8
Protecting

human rights
defenders
Human rights defenders are often directly threatened target of repression. The policy also includes support
because of their commitment to the respect of funda- for the Observatory for the Protection of Human Rights
mental freedoms, while the actions of civil society Defenders.
organisations are regularly hampered by confiscation
of documents, data theft, legal proceedings, etc. Participation in debates in European
Human rights defenders form an integral part of and international forums
the policy pursued by Bernard Kouchner, Minister
of Foreign and European Affairs, who has sought French policy also operates within a European
to make every French embassy a “house of human framework, in particular as defined by the EU Guidelines
rights” whose mission includes welcoming, listening on Human Rights Defenders adopted in 2004. Amongst
to and protecting those who defend human rights. other things, the Guidelines state that EU diplomatic
missions should communicate on a regular basis with a
Partnership with FIDH network of human rights defenders and monitor their
situation. The issue of human rights defenders also
In the cooperation sphere, the Ministry of Foreign forms part of the political dialogue between the EU and
and European Affairs has been working with FIDH third countries. The Ministry of Foreign and European
since 2003 in two successive Priority Solidarity Fund Affairs supports training initiatives in human rights,
programmes that seek to protect human rights like those carried out at the René Cassin International
defenders under threat and associations that are the Institute of Human Rights in Strasbourg.

A human rights defender from an ethnic minority in Vietnam © GVC Project

9 ❙❚
Democratic Governance and Human Rights

Combating

people trafficking
Legal instruments

The United Nations Convention against Transnational PROJECT TO PREVENT RISKS OF


Organised Crime has established a framework for TRAFFICKING IN HUMAN BEINGS
practical international police and judicial cooperation IN BOSNIA-HERZEGOVINA
to improve the prevention and suppression of organi-
sed crime. In 2010, the Ministry of Foreign and
France has ratified the Convention, known as the European Affairs is co-financing a project
Palermo Convention, and its additional protocol to to prevent risks of people trafficking
prevent, suppress and punish trafficking in persons, linked to the migration of minors in the
especially women and children. France has also Tuzla region of Bosnia and Herzegovina.
ratified the Council of Europe Convention on Action The Ministry also contributes to the
Against Trafficking in Human Beings. Known as the OSCE Governance Fund which, since
Warsaw Convention, it covers sexual exploitation, 2003, has helped to finance several
forced labour, domestic slavery and forced begging. projects to combat people trafficking
in countries including Armenia, Bosnia
Participation in national and international debates and Herzegovina, Croatia, Kyrgyzstan,
Moldova, Montenegro and Uzbekistan.
Drawing on French experience in the fight against
trafficking in human beings, the Ministry of Foreign
and European Affairs seeks to use that experience in
international forums to promote universal adoption of A regional technical adviser for South East Europe
the Palermo protocol. It is a member of the UNODC
intergovernmental Working Group on Trafficking in A technical adviser on people trafficking has been
Persons as part of the process for monitoring imple- based in Vienna (UNODC, OSCE) since 2007. Covering
mentation of the Convention. 16 countries of South East Europe, his assignment is
It is also a member of the multidisciplinary working to coordinate a multidisciplinary network of professio-
group on trafficking in persons in France which, brin- nals at regional level.
ging together the leading players at national level, is
tasked with drawing up a national action plan.

France supports :
• The Avocats sans frontières (ASF)
organisation : strengthening
the profession of lawyer and the defence
in Cambodia and Laos (€531,206)
• The “Ensemble contre la peine de
mort” (Together against the death penalty)
association : strengthening and structuring
the global movement to abolish the death
penalty (€200,000).

Haiti © UN

❙❚ 10
7 COMMITMENTS FOR HUMAN RIGHTS
Commitment NO. 1 Commitment NO. 4

Promote human rights across the board in Promote training in human rights dispensed
all sectors of French cooperation, in accor- by university institutes like the René Cassin
dance with the 2006 democratic governance Institute and professional bodies like ENA,
strategy and the 2008 gender strategy. with its CISAP training programmes.

Commitment NO. 2 Commitment NO. 5

Focus France’s public action on the priorities Support the efforts and actions of regional
of French cooperation policy with regard to organisations through political dialogue
human rights, i.e. protecting women’s rights and the provision of short- and long-term
and combating violence against women, technical assistance, in particular with a re-
protecting children in armed conflicts, com- gional slant.
bating homophobia and transphobia, com-
bating impunity and forced disappearance, Commitment NO. 6
and protecting human rights defenders.
Step up exchanges with private bodies and
Commitment NO. 3 foundations to promote a better knowledge
and understanding of French cooperation
Strengthen multilateral partnership by en- and to raise money.
suring that French initiatives contribute to
EU efforts in the framework of a high-qua- Commitment NO. 7
lity dialogue with civil society organisations,
in particular through funding via the Euro- Develop training resources for diplomatic
pean Instrument for Democracy and Hu- and cooperation staff, especially at human
man Rights. rights focus points, and enhance Embas-
sies’ cooperation actions.

Ambassador Zimeray on a mission in Chad, June 2010 © MAEE

11 ❙❚
Directorate-General of Global Affairs,
Development and Partnerships
Directorate of the Global Economy
and Development Strategies
Democratic Governance Mission
Serge Tomasi, Pauline Carmona,
Director of the Global Economy Head of the Democratic
and Development Strategies Governance Mission

Directorate-General of Global Affairs, Development


and Partnerships of the French Ministry of Foreign

Imprimerie de la DILA
and European Affairs
The missions of the French Ministry of Foreign and European Affairs are :
• summarize information on the changing global economy and put it into perspective ;

© MAEE/DCP – Cover: Entrance to the new camp at Sanniquellie detention centre, Liberia © UN/Staton R. Winter
• prepare decisions on the French government’s foreign policy ;
• draft France’s foreign policy ;
• coordinate France’s international relations ;
• protect French interests abroad and assist French nationals outside France.
The creation of the Directorate General of Global Affairs, Development and
Partnerships (DGM) in April 2009, as part of the reform of the Ministry, enables
diplomacy to anticipate, identify and respond to the challenges of globalisation more
effectively.
Confronted with global issues that have a direct impact on the lives of our citizens and
multiple actors, the Ministry intends to emphasise the need to tackle global issues,
in the firm belief that every major economic, cultural and societal issue calls for
collective action with more outward focus, anticipation, interministerial coordination,
responsiveness, interdisciplinarity and a resolutely European approach.

Ministère des Affaires étrangères


et européennes
Direction générale de la mondialisation,
du développement et des partenariats

27, rue de la Convention


CS 91533 – 75732 Paris Cedex 15

Directorate for Communication and the Spokesperson’s Office


www.diplomatie.gouv.fr

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