ECRE COUNTRY REPORT 1999: France

Table 1:

Comments: These statistics include adults who individually applied for asylum. They do not take into account beneficiaries of family reunification and unaccompanied minors children.

Table 2:

Table 3: Family reunification (families arriving in 19 99)

Comments: Since 1993, a convention between UNHCR, IOM and SSAE provides assistance to refugees in the family reunification procedure by taking over, for example, the cost of transport for the spouse and/or minor childrens.

In 1999, SSAE examined 180 applications under this convention and thanks to the contribution of two additional exceptional subsidies (one from public funding and the other one from private resources of the Abbé Pierre Foundation)

The number of persons who travelled in the framework of this programme was 362 including 279 children, which means 122 families.

France does not apply quota systems. Nevertheless, an exceptional reception operation (Humanitarian Evacuation Programme) took place in 1999 for refugees from Kosovo (See II.15 Specific refugee groups).

602 unaccompanied minors children applied for asylum at the border in 1999 (1998: 332);

552 of them were allowed to enter the French territory (i.e. 91.7%);

According to the OFPRA, _ were aged 16 to 18, _ were aged under 16. Between 200 and 250 per year applied for asylum. Most of them are natives from Sri -Lanka, Zaire, Turkey and Romania.

Source: Ministry of Interior; OFPRA

Ministry of Interior & ECRE Country Report 1998.

Comments:

1. These rates only refer to asylum. under the Geneva Convention. Complementary protection forms exist in France (constitutional asylum and territorial asylum), as well as a temporary protection form granted in 1999 to refugees from Kosovo (See II.15). In 1999, the number of applications for territorial asylum was 8323. Out of this number, 6463 decisions were taken, which corresponds, on the 31^st December 1999, to an application examination rate equivalent to 77.7%. The eligibility rate for the nationals of Maghreb states and African French-speaking countries stands at 6.8%. Eligibility rate for nationals of other countries stands at 3.3%.
2. On the 31^st of December 1999, the number of statutory refugees (holding a valid refugee certificate) in France stood at 108 102.

Comments: Except for nationals from Former Yugoslavia and Sri-Lanka, the highest recognition rates concern the nationalities who arrived in less important numbers: Rwanda (80%), Chad (74%), Afghanistan (63%) or Iraq (59%).

The law dated July 6^th 1992 on waiting zones at the borders (referring article 35 quarter of modified Ordinance dated 2/11/45 relating to the entry and stay of foreigners in France) puts states that the Ministry of interior can deny an asylum seeker the right to enter the French territory if the application for asylum is manifestly unfounded.

Nationalities of asylum seekers at the borders in 1999

Africa represents 64% of asylum claims at the border from 4 main areas: Sierra-Leone; Great Lakes region; Sudan; Nigeria and Somalia.

Comments: The number of asylum seekers at the borders has strongly increased in 1999. In 1998, asylum seekers represented 30% of the total number of persons maintained in waiting zones. This figure reached 51% in 1999, which represents a total of 4817 persons (5597 if including accompanied minors children). Admission rate into the French territory stood at 87.4% in 1999 (79.3% in 1998).

"Priority procedure" is regulated by article 31 bis § 2, 3 and 4 of Ordinance dated 2 November 1945 (in cases of: abusive, fraudulent or dilatory request; threat to public order ; cessation clause; Dublin Convention). According to this procedure, a negative decision can be appealed but without any suspensive effect).

In 1999, 2232 cases were treated under the priority procedure from which around _ for re-examination (2225 in 1998). These requests represent 7% of the overall number of asylum claims (9.7% in 1998).

Source: OFPRA Activity report 1999

There are no statistics available on deportation of rejected asylum seekers since the Ministry of Interior does not supply any official figures distinguishing between deportation of rejected asylum seekers and removal of aliens in general.

It is important to note that the execution rate of removals remains limited in number (35 520 removal orders were taken by the prefectures between 1/12/98 and 30/11/99 but only 5 064 were effectively executed).

There in no specific programme for asylum seekers and refugees. The general law on foreigners is applied (except for the specific measures for Kosovars, see B).

1. Humanitarian repatriation (Circular dated 14 September 1992 — Ministry of Social Affairs and Integration/Direction of Population and Migrations)

Presentation of the programme: In 1975, a humanitarian repatriation procedure for unemployed foreign workers who wish to return in to their country was established. Since the circular dated 14 September 1992, this procedure has been extended to every foreigner whose personal and social situation justifies assistance for repatriation. The decision is taken by the OMI (body of the Ministry of Social Affairs) which is in charge of the complete administration of the applications as well as the achievement of the departure operation.

Since the modification of the procedure in 1992, about 250 foreigners per year have taken advantage of this programme.

Beneficiaries: Every foreigner who is clearly destitute and in a situation of great difficulty, having worked or not, as well as his/her spouse and his/her minor children.

Therefore, irregular stay (except cases of exclusion) cannot be considered as a reason to dismiss the application.

The persons concerned must voluntarily return to their country of origin or to settle in the host country of their choice if they have been allowed to do so by the consular authorities of this country.

The assistance consists of:

• payment of the cost of transport by plane or boat and the cost of a possible excess luggage;
• providing administrative assistance in the organisation of the departure;
• payment of, if necessary, the cost of food and lodging in Paris before departure;
• payment of the amount of 1000F per adult and 300F per minor child.

1. Kosovars

From April to July 1999, France hosted more than 6000 persons belonging to the Albanian Community of Kosovo (under the Humanitarian Evacuation Programme plus people who arrived by their own means). The French Government decided to grant them a provisional permit to stay of three months together, if necessary, with a provisional permit to work (See II.15). The Government has set up an assisted return programme for refugees from Kosovo (Circular dated 21 July 1999 complementing the circular dated 14 September 1992). Beneficiaries are persons displaced from Kosovo holding a permission to stay granted by prefectures. By 28/02/2000, under this programme, 2492 persons returned to their country by collective flights. Furthermore, under the same scheme, 813 persons were able to make an exploratory visit (go and see visit) in order to examine the possibilities of resettlement in Kosovo. To all these figures must be added all the individual returns, which are difficult to estimate.

2. Assistance in the reintegration of foreigners invited to leave the territory (Circular dated 14 August 1991)

This is an alternative programme to the removal from the border. The application can be made within the delay of one month of an invitation to leave the territory. It involves two stages:

• in France: to provide a thorough interview with the applicants and administrative and financial assistance;
• in the country of return: to facilitate the reintegration.

Beneficiaries: Every foreigner whose application for a residence permit has been dismissed or whose application for refugee status has been rejected by the OFPRA or CRR. A foreigner who has been arrested for being in irregular situation or who is under a removal order cannot apply for the programme.

This programme is carried out by the OMI (body belonging to the French Ministry of Social Affairs) under the responsibility of the Prefects in France and the Ambassadors abroad.

The assistance consists of:

• payment of the cost of the transport for the beneficiary, his/her spouse and their children and, if they have to go through Paris, the cost of food and lodging there;

- payment of the amount of 1000F per adult and 300F per minor child.

- provision of an administrative assistance in the organisation of the departure.

In 1999 è 651 candidates (749 with accompanying persons)

D) Circular of 19 January 1998

This Circular completes and fills in details for the circular of 14 August 1991and applies to every foreigner whose situation has been re-examined under the circular of the Home secretary dated 24/06/97 (regularisation). Those excluded from this programme are foreigners who are under a removal order or under a legal measure of interdiction to the territory, as well as those who have already taken advantage of a reintegration assistance.

This is an alternative programme to removal. It involves two stages:

• in France: to help the foreigner in the preparation of his/her departure and to set up a personal and professional dialogue;
• in the country of return: to work out a coherent project for reintegration.

This programme is carried out by the OMI (an organ of the Ministry of Social Affairs) under the responsibility of Prefects in France and Ambassadors abroad.

The assistance consists of:

• a psychological assistance thanks to several interviews in order to work out a personal, family and professional diagnostic;
• a material and financial assistance (the cost of transport and, if necessary, of the food and lodging in Paris; an allocation of 4500F per adult and of 900F per minor child);
• administrative assistance;
• assistance in the country of return.

In 1999 è 122 candidates (135 with accompanying persons).

E) Contracts of Reintegration in the Country of Origin (Circular dated 4 November 1998)

This is a complement to the assisted return and reintegration programme.

Beneficiaries: Foreigners who are nationals of a country with which there is co-operation about co-development regarding migratory flows (at the present time Mali, Morocco and Senegal) and whose application for residence has been rejected.

The beneficiary of such a contract also benefits the assisted reintegration programme under the circular dated 19/01/98.

Beneficiaries must be volunteers. This contract enables the beneficiaries to be granted a provisional permit to stay of three months with the mention "professional trainee". The length of the contract cannot be more than 12 weeks. There are two stages:

• general education (2 to 4 weeks);
• vocational training (6 to 8 weeks).

The beneficiaries commit themselves to return to their country of origin by a determined date after a period of preparation to reintegration which can be completed by an education programme within the country of origin.

The OMI (an organ of the Ministry of Social Affairs) is in charge of the monitoring of the foreigner in France and, if necessary, in the country of origin together with the local authorities. If the reintegration is successful the beneficiary can be granted a visa which enables him/her to travel between his/her country and France.

At the beginning of 2000, the number of beneficiaries remains very limited: only ten or a dozen people are enrolled in this programme.

Source: Permanent Dictionary of Foreigner’s Law; OMI (Office for International Migrations/Organ of the Ministry of Social Affairs)

The requests of transfer by France to another country have to be lodged at the prefectures whereas the requests addressed to France by another country have to be lodged at the Ministry of interior.

Source: Ministry of Interior

Comments: These figures only refer to 9 months of year 1999. The figures for the period from July 1999 to September 1999 are not available.

Comments: These figures only refer to 9 months of year 1999. The figures for the period from July 99 to September 99 are not available.

1. Kosovo Albanians

Around 5000 Yugoslavs (Kosovo Albanians) were received in France from April 1999 onwards in the framework of the Humanitarian Evacuation Programme organised with the support of the UNHCR. Government flights enabled those who volunteered to go to France to get protection.

The regulatory measures applied to those persons are different from the general law towards asylum seekers and towards foreigners in general. Kosovars were first entitled to a residence document valid for three months and then to a renewable one year residence permit together with a work permit. For persons who illegally entered French territory (without any visa or "laissez-passer") between March 1998 and mid-October 1999, first a residence document of three months and then a document valid six months allowing them to work were granted. All those persons were allowed to apply for asylum under the Geneva Convention. Applications from the asylum seekers who arrived on government-organised flights have not yet been processed. For other applicants, the applications were dealt with according to the normal asylum procedure.

For the time being, rejections of asylum applications have not had any consequences for rights (residence and work) acquired previously. Exploratory trips (go and see visits) of some fifteen days were organised by the French Office of International Migrations (OMI) in order to allow a member of each family to go back to Kosovo and evaluate the situation there. Following these trips, 1/3 eventually returned to their province of origin. For those who decided to stay in France, social measures of autonomy were applied. Between the 26^th August 1999 and the 29^th January 2000, ten Circulars were adopted concerning Kosovo Albanians.

The CRR (Commission of Appeal for refugees) changed its case-law relating to Kosovo Albanians in a decision dated 17 November 1999. See 17.C.

2. Asylum seekers of Algerian origin

The law dated 11 may 1998 (called RESADA law) added to the law dated 25 July 1952 relating to asylum, an article 13 which allows "a foreigner, if he/she deems that his/her life or liberty is threatened in his/her country or that he/she is exposed to treatments contrary to article 3 of the European Convention on Human Rights", to benefit from territorial asylum. Though the cases of Algerians, as for any foreigner, depend on the procedures of the general law for asylum, in practice it is a group which very often apply for territorial asylum. Indeed, it may represent about 70% of the overall applicants.

This law brought into the law a practice of admission for residence for specific groups of persons who fear for their life and security in their country of origin. When it was publicised, this law gave rise to many hopes because it acknowledged persecutions from non-state agents. In practice, it is a great disappointment and territorial asylum cannot be considered as a complementary form of asylum because out of the overall applications dealt with, about 5% of them were granted asylum. Furthermore, it clearly gives less protection than asylum under the Geneva Convention: territorial asylum gives the right only to a residence document of one year validity which is not automatically renewable.

Finally, it is interesting to note that constitutional asylum, introduced in the law dated 11 May 1998, was not often proposed in asylum applications lodged at the OFPRA or the Commission of Appeal. When refugee status is granted on that ground, it is most of the time either the OFPRA or the Commission of Appeal which have asked for the application of alinea 4 of the Preamble of the 1946 French Constitution (protection of persons persecuted because of their action in favour of liberty).

1999 was the second year of application of the law dated 11 May 1998 (called Loi Chevènement). There was no new legislation in 1999 except the specific rules for refugees from Kosovo (See II.15).

In 1999, the Council of State (Conseil d’Etat, French Higher Administrative Court) confirmed its case-law on Somalia (impossibility to grant refugee status because of the absence of state authorities).

2. Encouragement or voluntary tolerance from the authorities

Ait-Mohamed, Conseil d’Etat, 24/02/1999

When persecution emanating from private individuals is based on grounds mentioned in the Geneva Convention and is encouraged or voluntarily tolerated by the authorities, there is no need to know whether the behaviour of the authorities is itself inspired or not by the grounds of the Convention.

The Commission of Appeal is then mistaken in the case of an Algerian, pleading persecution emanating from private individuals, whose application for asylum was rejected on the grounds that the applicant did not prove that, for one of the grounds of the Geneva Convention, the Algerian authorities would have refused to protect him/her.

3. Albanian nationals from Kosovo

Hadzikadri, CRR, 17/11/1999

Feka, CRR, 17/11/1999

Duraku, CRR, 17/11/1999

The CRR (Commission of Appeal for refugees) changed its case-law relating to Kosovo Albanians in a decision dated 17 November 1999. The Commission considered that an international security force as well as an international administration being in place in Kosovo (KFOR,UNMIK), people belonging to the Albanian community could no longer be looked upon in a general way as having a well-founded fear of being persecuted by the forces of the Federal Republic of Yugoslavia and as being unable to avail themselves of the protection of the authorities vested with power in Kosovo in accordance with the mandate of the United Nations. The Commission of appeal for refugees made it clear that this doctrine does not apply to certain areas in Kosovo. This general rule has exceptions: the exceptional seriousness of persecutions suffered by an applicant belonging to the Albanian community and by members of his family justifies his refusal to return to his native country and to seek protection from the current authorities.

4. Convention on the Rights of the Child

M.Mbunga, Conseil d’Etat, 10/03/1999

Article 3-1 of this international convention stipulates that "in every decision related to children taken either by public or private institutions of social protection, courts, administrative authorities or legislative bodies, the child’s highest interest must be a consideration of prime importance". This article was considered by the Conseil d’Etat as of direct applicability which means that a private individual can invoke it in front of a national jurisdiction.

5. Reporting of foreigners to the Schengen Information System (SIS)

Mr and Ms Forabosco, Conseil d’Etat, 09/06/1999

Ms Hamssaoui, Conseil d’Etat, 09/06/1999

In the first case, a woman from Romania, married to a French national, was denied a long term visa on the grounds that she had been reported as a case of no-admission by Germany. The Conseil d’Etat first of all examined the grounds of reporting to the SIS (System Information Schengen), decision taken by another State. Then the Conseil d’Etat considered that the reporting to the SIS was only "motivated by the rejection of an asylum application presented by the person concerned; that such a ground did not belong to those" mentioned in the Schengen Convention. It was then considered as a legal error. Furthermore, this decision appears at the time of the integration of the SIS in the Third Pillar which, later on, will provide for the possibility of making a reference to the Court of justice of the European Communities.

The second case deals with the justification of refusals of granting of visas due to a reporting to the SIS for no-admission. Such a justification must mention the State which reported the individual.

6. Necessity of the physical presence of an interpreter

In the case of a woman from Nigeria maintained in a waiting zone before deportation who had applied for asylum and asked for the presence of an interpreter, the Court judged that she was not able to benefit from the principles imposed by the law because she could only benefit from an interpreter by telephone. Indeed, article quater of Ordinance dated 2 November 1945 prescribes that the interpreter must "necessarily" be present next to the foreigner who asked for assistance.

G) Illegality of a refusal of territorial asylum and a refusal of regularisation according to private and family life reasons

After having established that, if returned to Algeria, the applicant would incur some risks that could justify the granting of territorial asylum (art. 13 of the law dated 25^th of July 1952), the administrative court of Lyon cancelled the decision of the home secretary not to grant him territorial asylum. In doing so, the court did not limit its control to a restricted control (materiality of the facts or glaring error of assessment) but applied a usual control of the home secretary’s decision.

Furthermore, the court quashed the rejection of regularization which the applicant had claimed from the prefecture according to article 8 of the European Convention for Human Rights ("private and family life") following the refusal to grant him territorial asylum. The court considered that "the after-effects both physical and psychological, caused by the inhuman and degrading treatments from which he suffered required a therapy in France which, particularly with the safety it would bring, represented an essential moral support which was absolutely necessary for the improvement of his health; thus […] the prefect of the Rhône interfered excessively with the right to a normal private life secured by article 8" of the European Convention for Human Rights.

No specific development in 1999 (except Circular dated 11/10/1999, see 19).

• End of the procedure of regularisation following the Circular dated 24/06/1997.
• Reception of refugees from Kosovo (See II.15).
• Decree dated 27/09/1999 on the application in the French Polynesia, in the Wallis and Futuna islands and in Mayotte of the decree dated 2/05/1953 related to the OFPRA and to the CRR.
• Circular dated 11/10/1999 related to measures of removal from the territory. This document encourages the prefects to hasten the decisions of deportation of foreigners and to carry out these measures effectively.

No information provided.

Concerning Kosovo, in 1999 France adopted a position which enables applicants already benefiting from temporary protection to have recourse to asylum under the Geneva Convention. This enabled the French government to reaffirm its view on the question of temporary protection which should always leave the possibility to claim asylum under the Geneva Convention. In 2000, France will assert its policy more strongly in the framework of its presidency of the EU during the second semester.

No important change in 1999. The reception system is totally saturated. By 31/12/99,there were 63 CADA (reception centres for asylum seekers) i.e. around 3781 beds. There were 28 CPH (reception centres for statutory refugees) i.e. around 1018 beds. In addition, around 6000 beds have been made available in reception centres for Kosovars in 1999.

In September 1999, the first centre specialising in the reception of unaccompanied minor asylum seekers was opened in France: the Caomida (Centre of reception and orientation of unaccompanied minor asylum seekers). Financed by the Ministry of Employment and Solidarity and managed by the association France Terre d’Asile, it receives, for six to twelve months, thirty asylum seekers aged from 13 to 17. Its missions are to provide them protection as well as schooling, medical, psychological and legal assistance; to enable them to apply for refugee status and to work out a suitable orientation. (Extract from the review ASH, weekly social actuality, 23/06/2000)

On the 27^th July 1999, a law was adopted which created the Couverture Maladie Universelle (CMU/Universal Health Protection) in order to facilitate the access, from the 1^st January 2000, to the healthcare system for people in precarious situations. It includes basic health protection by providing an immediate right to the health insurance, and a complementary protection for the most disadvantaged people, for whom the costs will be borne in their entirety.

To claim for the CMU, the law stipulates that the applicant must legally reside in France and prove, "by any means", that s/he has been present in the country for more than three months. This requirement does not concern asylum seekers and refugees. Asylum seekers (no distinction at the moment between territorial and conventional asylum) holding a notice of appointment at the Prefecture or a residence permit, regardless of the duration, can benefit from the basic and complementary CMU. The validity of this protection is one year.

No information provided.

No information provided.

No information provided.

27. In the context of the Kosovo crisis, Forum Réfugiés published many press releases 1999 relating to the situation in Kosovo and to the reception of refugees in France.

Seizing the opportunity of the fiftieth anniversary of the Universal Declaration of Human Rights, ten associations decided to organise in France an interactive exhibition on refugees and asylum rights throughout the world, called "A trip different from the others", which was first presented in Belgium in 1996 and then in Rome. This exhibition took place in Paris from the 12^th of November 1998 to the 4^th of April 1999 under the patronage of the UNHCR and with the support of the European Commission and French ministries.

This action aimed to make people more aware of the situation of refugees and to educate them in human rights. It consisted in making them participate, together with professional actors, in a giant and interactive role-play. They were then asked to act as a refugee in order to experience the difficulties of life and integration in the host country. It also enabled them to better understand the political and social situation of the refugees’ countries of origin, to realise the causes that can force a person to run away from his/her country and all the difficulties faced by an asylum seeker.

Activity report (40 p, in French only)

4 quarterly newsletters " le Journal de Forum réfugiés "

-January 99 (n° 5) ;

-April 99 (n°6 + 6 bis spécial Kosovo) ;

-July 99 (n°7) ;

-October 99 (n°8).

NB: From January 2000 onwards, Forum Réfugiés Newsletter will be published both in French and English.

Gisti, Editions Syros, février 99

Gisti, Editions La Découverte et Syros, Paris, avril 99

La Lettre, Actions Réfugiés (Lettre visant à soutenir les actions du HCR en France)

N°1, juin 99

UNHCR, septembre 99

Gisti, Les cahiers juridiques, novembre 99

Novembre 99

Décembre 99