Original HRC document

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Document Type: Final Report

Date: 2013 Mar

Session: 23rd Regular Session (2013 May)

Agenda Item: Item6: Universal Periodic Review

GE.13-12484 (E) 050413 080413

Human Rights Council Twenty-third session Agenda item 6 Universal periodic review

Report of the Working Group on the Universal Periodic Review*

France

* The annex to the present report is circulated as received.

United Nations A/HRC/23/3

General Assembly Distr.: General 21 March 2013 English Original: English/French

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Contents Paragraphs Page

Introduction............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process................................................ 5–119 3

A. Presentation by the State under review........................................................... 5–17 3

B. Interactive dialogue and responses by the State under review........................ 18–119 4

II. Conclusions and/or recommendations .................................................................... 120–121 14

Annex

Composition of the delegation ......................................................................................................... 25

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Introduction

1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fifteenth session from 21 January to 1 February 2013. The review of France was held at the 1st meeting on 21 January 2013. The delegation of France was headed by Mr. François Zimeray, Ambassador for Human Rights. At its 10th meeting, held on 25 January 2013, the Working Group adopted the report on France.

2. On 14 January 2013, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of France: Congo, Italy and Kuwait.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of France:

(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/15/FRA/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/15/FRA/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/15/FRA/3).

4. A list of questions prepared in advance by Mexico, the Netherlands, Norway, Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was transmitted to France through the troika. These questions are available on the extranet of the universal periodic review (UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The French delegation recalled the role that human rights had played in building the country and how firmly they were rooted in the country’s institutions. There was always room for progress, and outside scrutiny and criticism were essential to help France be more demanding of itself.

6. The Universal Periodic Review was a vital tool that had lasting effects. A midterm report had been published in 2010. The national report for the second review was the result of consultations with all stakeholders, including civil society.

7. The rights of a person living in France had grown stronger since 2008. Until very recently, the constitutionality of a law could be examined only before it came into force, except in certain very specific conditions. Since the major reform of the Constitution, anyone who brought a case before a court in France could claim that a law already in force infringed on the rights and freedoms guaranteed by the Constitution.

8. If a person living in France considered that his or her rights had been infringed by the work of a public administration, there was now a single institution to which he or she could apply, for free: the Defender of Rights, established in March 2011, which brought together tasks that had previously been assigned to other independent administrative bodies.

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9. Someone living in France now had more opportunities to denounce any discrimination of which he or she was victim, particularly in employment. Each Government procurator’s office in the French court system included an anti-discrimination focal point, whose jurisdiction covered all acts committed on the basis of the victim’s ethnic group, nation, race, religion or sexual orientation.

10. A person living in France was now better protected in his or her relations with the law enforcement agencies. The French authorities paid particular attention to the conditions in which individuals were arrested, detained or subjected to any other measure of deprivation of liberty. Three main principles governed this: absolute respect for persons, regardless of their nationality or origin; use of proportionate force only as strictly necessary; and protection and respect for the dignity of persons detained.

11. The Government that had come to power after the spring 2012 elections was determined to ensure that its actions helped to establish greater protection for fundamental freedoms. A Ministry of Women’s Rights had been set up to promote all measures intended to enforce and promote women’s rights in society. It was also responsible for coordinating the Government’s work against violence and discrimination related to sexual orientation and gender identity.

12. France had adopted a National Plan of Action against Racism and Anti-Semitism (2012–2014) (see below). It had also developed the French Government Strategy for the Inclusion of Roma (see below).

13. The Minister of Justice had announced a series of measures designed to continue the improvements being made to the country’s prison policy (see below). 14. The Government that had come to power after the spring 2012 elections was also committed to adopting a new immigration policy, in order both to assume its responsibilities and to ensure humane treatment. A bill was being drafted to introduce a multi-year residence permit for foreigners and thus help them integrate better into life in France. Serious consideration was also being given to the law on naturalization.

15. The entry into and stay of foreigners in the country was monitored, and certain rights, such as the right to work and access to certain social benefits, were granted only to those foreigners in a regular situation. However, whatever their status, all foreigners in France could have access to emergency accommodation and benefit from State medical assistance, which gave them access to health care.

16. All the progress that had been made in the area of human rights since 2008 was also valid in the overseas territories, on the basis of the principle of equality between French citizens. However, each territory had its own geographical, historical and social circumstances. It was not always possible to address problems in the same way as in mainland France, and the State was trying to come up with appropriate responses, such as, at a time of economic crisis, the economic and social conferences that were being held in each of the different territories.

17. Finally, France was a “social Republic” and thus strongly believed in the interdependence of economic, social and cultural rights and civil and political rights.

B. Interactive dialogue and responses by the State under review

18. During the interactive dialogue, 84 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

19. Italy commended France on its National Plan of Action against Racism and Anti- Semitism and asked about resources allocated for its implementation. It enquired about the

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measures taken to address concerns about the rights of detainees and their access to medical assistance and for further combating child prostitution and pornography. Italy made recommendations.

20. Japan welcomed the fact that half of the Cabinet posts were filled by women and hoped that the Ministry of Women’s Rights would contribute to ensuring respect for women’s rights. Japan expressed its appreciation for the stated intention to halt evictions of Roma, and for efforts to eradicate ethnic discrimination. Japan made recommendations.

21. Jordan noted the ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the International Convention for the Protection of All Persons from Enforced Disappearance (CPED). It welcomed the strengthening of the institutional framework through the establishment of the Ministry of Women’s Rights and the Defender of Rights, and hoped that France would support those bodies to discharge their mandates effectively. Jordan made recommendations.

22. Kuwait noted the significant role that France played through its commitments and contributions to set up the rules of the international system to protect and promote human rights. It commended the establishment of the Defender of Rights and efforts to eliminate discrimination against foreigners and persons of different beliefs. Kuwait made recommendations.

23. The Lao People’s Democratic Republic praised progress in implementing the previous UPR recommendations. It noted that France had taken important initiatives aimed at guaranteeing human rights. It encouraged France to strengthen cooperation with the United Nations, other international organizations and stakeholders to overcome challenges for ensuring the realization of the rights of its citizens.

24. Libya commended the legislative and institutional measures to protect women’s rights and to combat racism, including, inter alia, awareness-raising and training in academic institutions. Libya also commended the measures taken to enhance the diversity of cultures and languages, and policies to integrate migrant women into employment. Libya made recommendations.

25. Malaysia, while noting measures taken to enforce anti-discrimination legislation, was concerned at the xenophobic approach utilized in election campaigns; the implementation of Act No. 2004/228, effectively prohibiting students wearing religious symbols from attending public school; and the reported rise of racist acts directed against persons of North-West African origin and Muslims. Malaysia made recommendations.

26. Mauritania noted the efforts of the Government to implement UPR recommendations. It also acknowledged the establishment of the ombudsman, with a constitutional status. It encouraged France to continue to fight against xenophobic public statements made by political or media personalities. Mauritania called on France to continue to improve the situation of the immigrant population.

27. Mexico acknowledged that the promotion of human rights and democracy were central to French foreign policy. It noted the establishment of the ombudsman and praised the measures taken to implement previous UPR recommendations, including the lifting of the declaration on article 124 of the Rome Statute of the International Criminal Court. It made recommendations.

28. Peru noted that since its first examination under the UPR, France had established the Ministry of Women’s Rights and an ombudsman, and had adopted a national plan against racism. It requested information on measures taken to reduce prison overcrowding and improve prison conditions. Peru made recommendations.

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29. Namibia commended the ratification by France of international human rights instruments, its strengthening of anti-racism policies and its condemnation of the slave trade and slavery as crimes against humanity. However, it was concerned at the situation of ethnic minorities, including Roma. Namibia made recommendations.

30. Nepal commended such measures as the introduction of the Defender of Rights into the Constitution, the adoption of a national plan of action on protecting women from violence and the establishment of the Ministry of Women’s Rights, as well as the promotion of diversity in the civil service. Nepal made recommendations.

31. The Netherlands regarded France as an example for the international community and asked what effective measures had been taken to implement the recommendation on improving conditions in the prison system made during the first examination of France under the UPR. The Netherlands made recommendations.

32. New Zealand commended the establishment of a Minister of Women’s Rights, and asked about concrete steps to coordinate action in combating violence and discrimination against lesbian, gay, bisexual and transgender persons. It expressed concern about the impact of the law banning facial coverings in public spaces. It made recommendations.

33. Norway noted an apparent increase in discrimination and violence against French Muslims and French citizens of North African descent and the lack of adequate statistics on those groups. It was concerned by the use of tasers and the practice of body searches in prisons. Norway made recommendations.

34. Oman commended the commitment of the Government of France to promoting and protecting human rights. It noted that France had taken a number of measures to give effect to its international obligations, locally and internationally, and to participate in international efforts to promote and protect human rights. Oman made recommendations.

35. Pakistan expressed concern at the inadequate legal protection against ethnic profiling by the police and the influence of race and religion on employment opportunities. Increased public hate speech was compounded by legislation on the hijab or niqab, which discriminated against Muslim women. Pakistan made recommendations.

36. The State of Palestine welcomed the efforts made to protect and promote women’s rights and rights concerning education and immigration. It noted the signing of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP- ICESCR) and commended the national plan of action implementing Security Council resolution 1325 (2000). It made a recommendation.

37. Paraguay noted the signing of OP-ICESCR and the ratification of CPED, CRPD and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT). It recognized, inter alia, the establishment of the Ministry of Women’s Rights and the national plan against racism and anti-Semitism. Paraguay considered that the new immigration policy was grounded on clear, fair and stable rules. Paraguay made recommendations.

38. Morocco recalled the historical engagement of France with the promotion and protection of human rights. Morocco acknowledged the new immigration measures and stressed the delicate situation of unaccompanied migrant children. It requested information on the measures taken to combat racist discourse and hate speech. Morocco made a recommendation.

39. The Philippines noted the great importance France attached to human rights, as indicated by its ratification of OP-CAT, CRPD and CPED. It welcomed the deep concern of France for the protection of migrant workers. The Philippines made recommendations.

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40. Germany, concerned by various acts of discrimination against Roma, asked how France ensured that it met its obligations under international law, given the treatment of Roma by police. Noting the overcrowding and poor conditions in prisons, it asked what measures were being envisaged to improve the situation.

41. The leader of the French delegation said that France could not be satisfied with the state of its prisons. Criticism of detention conditions was heard from abroad as well as at home. Monitoring of places of detention (by the judiciary, parliamentarians and the administration’s internal monitoring mechanisms) had been stepped up.

42. Since 2007, France had established a number of additional monitoring mechanisms to ensure better protection of the rights of detainees; they included the Inspector-General of Prisons as well as the 150 deputies of the Defender of Rights who carried out prison visits.

43. France’s objective was to update and modernize its prisons by closing down outdated facilities and building new ones to increase capacity. Some of the places in them would be set aside for the social rehabilitation of prisoners. Furthermore, the Prisons Act of 24 November 2009 established the principle of making all prison terms more flexible, with imprisonment becoming the exception. The use of alternative measures to detention needed to be further encouraged.

44. Prison staff now received more training in preventing suicide in prison. The Prisons Act set strict rules for the use of force by prison staff, limiting it to legitimate defence in the case of violent resistance and making it conditional on proportionality and strict necessity in preventing escapes or restoring order.

45. In application of the principles of the indivisibility of the Republic, equality before the law and the unity of the French people, France did not recognize the existence of groups or communities with specific rights. France thus did not recognize the Roma as a group and did not collect statistics related to ethnic origin. However, neither did it underestimate the problems it was facing, and it set its action against the background of what was happening at European level, as the whole of the continent was concerned. A national strategy for the inclusion of Roma had been adopted in February 2012, with priority on access to education, employment, health and housing.

46. Illegal camps were dismantled in response to an immediate danger or health risk, in particular. However, it was the task of the local Government services, in partnership with local authorities and associations, to ensure that they responded properly to the situation of the individuals and families concerned. As soon as a camp was set up, prefects should conduct a diagnostic survey of needs in respect of health care, employment and schooling for children. Before beginning to dismantle any illegal installations, they must, first and foremost, provide emergency accommodation. An interministerial delegate for accommodation and access to housing was responsible for coordination at all levels, from local to national, to allow a proper response to all types of situation.

47. Secularism was a principle of freedom in France, and had three aspects: the neutrality of public officials, consideration of religious practice and equal attention from the authorities to the different religions. Under French law, it was thus possible to grant leave of absence for religious festivals, to perform ritual slaughter, to set aside specific places in cemeteries for the non-Christian religions and to grant indirect assistance for the construction and maintenance of places of worship.

48. Implementation of the Act on wearing symbols or attire that ostensibly demonstrate religious affiliation in public primary and secondary schools had been unproblematic. The vast majority of cases had been resolved through dialogue. The Ministry of Education Ombudsman had not received any complaints and there were no cases pending before the courts. The European Court of Human Rights had confirmed that the restrictions prescribed

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under the Act were justified by the constitutional principle of secularism and complied with the Convention for the Protection of Human Rights and Fundamental Freedoms.

49. Qatar commended France for its ratification of human rights treaties and protocols, and expressed its hope that the establishment of the Ministry of Women’s Rights and the Defender of Rights would further the protection, promotion, awareness and implementation of human rights. The steps taken to combat stereotypes and prevent discrimination against minority groups were noted. Qatar made a recommendation.

50. The Republic of Korea commended concrete actions to ensure gender equality, including the creation of the Ministry of Women’s Rights and the adoption of the National Plan of Action against Racism and Anti-Semitism. It also noted an increase in racist and xenophobic political speeches since 2008. It made recommendations.

51. The Republic of Moldova welcomed the creation of the ombudsman. It congratulated France on the adoption of measures to promote gender equality, the progress made in combating violence against women and the commitment of France to the protection of children. It made recommendations.

52. Romania welcomed the setting up of a new body responsible for combating discrimination and asked what powers the new body would enjoy with regard to the sanctions for discrimination, beyond the referral of matters to the Office of the Public Prosecutor (ministère public). Romania made a recommendation.

53. The Russian Federation took note of the progress made in recent years regarding the fulfilment by France of its international human rights obligations. It observed, however, that a range of problems persisted in the field of legal protection. The Russian Federation made recommendations.

54. Senegal remarked on the significant progress made in promoting and protecting women’s rights, both in legislation and through the establishment of institutions, such as the Ministry of Women’s Rights. Further efforts were required to meet existing challenges regarding immigration and discrimination. Senegal made a recommendation.

55. Slovakia welcomed the ratification of CRPD, CPED and OP-CAT. It noted in particular the Roma inclusion strategy, the Ministry of Women’s Rights and the amendment granting the right to apply to the Constitutional Council for a ruling on the constitutionality of a law. Slovakia made recommendations.

56. Slovenia noted positive developments in gender equality. Slovenia expressed concern on the high number of severely endangered languages while welcoming the stated intention of France to ratify the European Charter for Regional or Minority Languages. It asked whether steps had been taken to that effect and about the time frame for such ratification. Slovenia made recommendations.

57. Spain welcomed the establishment of a ministry that focused specifically on women’s rights. It asked what measures were being developed to further promote gender equality and to combat gender-based violence. It expressed concern at reports of poor conditions in detention centres. Spain made recommendations.

58. Sri Lanka welcomed the establishment of the Ministry of Women’s Rights, the launch of a related interministerial plan of action and the introduction of measures to combat unequal remuneration. It noted the national plan of action to combat racism in the period 2012–2014. It made recommendations.

59. The Sudan expressed concerns raised by the treaty bodies, including the Human Rights Committee, about Act No. 2004/228 prohibiting the wearing of overt religious symbols in public schools, which prevented some children who followed those religious customs from attending school. The Sudan made recommendations.

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60. Switzerland shared the concerns of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding allegations of the excessive use of force by police during arrests. Regarding the issue of trafficking in persons, it emphasized the importance of clear, comprehensive and enforceable legal standards. Switzerland made recommendations.

61. Thailand noted the commitment of France to fighting discrimination and xenophobia, and welcomed plans to address racism, anti-Semitism and the exclusion of Roma. It remained concerned by reports of discrimination in accessing public services on the grounds of race, ethnic origin or religion. Thailand made recommendations.

62. Timor-Leste recognized the ratification of several human rights treaties and commended the measures and plans to combat racism and xenophobia and enhance gender equality, and looked forward to their implementation. Timor-Leste made a recommendation.

63. Togo expressed concern over discriminatory political discourse and encouraged France to take action against the increasing number of racially motivated incidents against persons of the Maghreb and Black African origin. Conditions of detention and high rates of prison suicide were serious concerns. Togo made a recommendation.

64. Trinidad and Tobago noted France’s historic association with human rights, its contribution to the work of OHCHR and its ratification of key human rights instruments. Trinidad and Tobago made recommendations.

65. Tunisia noted the ratification of international instruments concerning persons with disabilities, torture and enforced disappearance, as well as the establishment of structures, including the Defender of Rights, and the national plan of action to combat racism. It commended the commitment of France to official development assistance. Tunisia made recommendations.

66. Turkey welcomed the establishment of the Defender of Rights and the introduction of the “question prioritaire de constitutionnalité” (priority preliminary ruling on the issue of constitutionality). It noted that a policy contradicting the right to free expression had been invalidated by the Constitutional Council on 28 February 2012, and encouraged France to combat racist and Islamophobic attacks. Turkey made recommendations.

67. Ukraine recognized the strong commitment of France to the protection and promotion of human rights, and welcomed efforts to ensure a more coherent approach to fighting discrimination on the grounds of origin. Ukraine made recommendations.

68. The United Kingdom of Great Britain and Northern Ireland asked about measures to improve gender equality, in particular to improve recourse to justice for victims of sex crimes and to address the low level of domestic violence reporting. It asked about measures to improve anti-discrimination legislation. The United Kingdom made recommendations.

69. The United States of America remained concerned about the prohibition on wearing religious symbols in schools and wearing garments covering the face in public. It was concerned by overcrowding and poor hygiene in prisons, and evictions of and social intolerance towards Roma. The United States made recommendations.

70. Uruguay commended the ratification of CPED, CRPD, the Optional Protocol to CRPD (OP-CRPD) and OP-CAT. It welcomed the establishment of the Ministry of Women’s Rights, the adaptation of legislation in accordance with the Rome Statute and the introduction of a national plan to combat racism and anti-Semitism. Uruguay made recommendations.

71. On the subject of combating racism and anti-Semitism, the head of the French delegation stressed that the authorities had shown increased vigilance and had made

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significantly more resources available for law enforcement. The rise in the number of racist acts was due in part to better statistical awareness of the phenomenon and an increase in the number of convictions for offences linked to racism. Over the past few years, however, there had been a growing trend in the number of racially motivated acts, and that was also reflected in public speeches and on the Internet.

72. France had built up a comprehensive legal framework to combat racism and anti- Semitism. A National Action Plan against Racism and Anti-Semitism (2012–2014) had also been adopted. The aim of the Plan, which was coordinated by an interministerial delegate, was to better identify acts of a racist or anti-Semitic nature, to suppress such behaviour systematically, to combat discrimination, and to make combating racism and anti-Semitism part of the integration and equal opportunities policy.

73. Furthermore, France had introduced a Ministry of Women’s Rights in 2012 and a High Council for Equality in 2013. In addition to the fact that there were equal numbers of men and women in the Government, the ministers had also each appointed a senior official responsible for promoting equality between men and women within the ministry concerned.

74. France had introduced several measures to ensure gender equality in the workplace and in leading public and private bodies (an Act on balanced representation of men and women on boards of directors and supervisory boards and a second Act relating to access to employment and combating discrimination in the civil service).

75. Uzbekistan noted that there were concerns about absorbing various ombudsman functions into the institution of the Defender of Rights. Concerns were also raised about discriminatory political speech and increased racism preventing the integration of immigrants; the treatment of Roma; and police brutality. Uzbekistan made recommendations.

76. Viet Nam noted the accession by France to a number of international treaties, and the establishment of the Defender of Rights and the Ministry of Women’s Rights. It encouraged France to launch a comprehensive plan to combat discrimination against all vulnerable groups who were experiencing economic difficulties.

77. Algeria noted discrimination against minorities, attacks on religious freedom, violence against women and the erosion of the right to family life. It also noted that immigrants did not enjoy, among others, the right to employment, and suggested addressing discriminatory rhetoric from the police. Algeria made recommendations.

78. Angola noted the ratification by France of various international conventions and the establishment of the Defender of Rights and the Ministry of Women’s Rights. It commented on the introduction of plans to address racism and anti-Semitism and issues relating to women, peace and security, and gender equality. Angola made recommendations.

79. Argentina welcomed the participation of France in the campaign for universal ratification of CPED. It commended the establishment of the Ministry of Women’s Rights and plans to combat racism and integrate Roma. Despite the explanation of France, Argentina viewed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) as providing additional protection. Argentina made recommendations.

80. Armenia welcomed the recognition of regional languages and plans to tackle racism and anti-Semitism and discrimination in schools. It noted the efforts made to eliminate impunity for crimes against humanity and welcomed legislation combating the denial of the crime of genocide. Armenia made a recommendation.

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81. Finland asked whether France intended to review its position with respect to children belonging to minority groups and consider withdrawing its reservation to article 30 of the Convention on the Rights of the Child (CRC). It also asked what measures would be taken to address the corporal punishment of children. Finland made a recommendation.

82. Austria expressed concern about the educational, employment and social rights of Roma. It requested information on measures to address detainee treatment and prison overcrowding and plans to sign the Optional Protocol to CRC on a communications procedure and ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence. Austria made recommendations.

83. Bahrain, welcoming advances made in the area of women’s rights and gender equality, encouraged the Government to increase female representation in high-level and managerial positions and in the private sector. It was concerned by increasing numbers of hate crimes against Muslims and Muslim communities. Bahrain made recommendations.

84. Bangladesh noted the concerns of several treaty bodies regarding persistent discriminatory practices, measures and stereotyping. In particular, the Committee on the Rights of the Child was concerned about discrimination against children residing in the overseas departments and territories, asylum-seeking and refugee children and children from minority groups. Bangladesh made recommendations.

85. Belarus noted the numerous reservations and declarations of France to international conventions restricting the application of their norms in legislation. The authorities did not cooperate sufficiently with special procedures for civil and political rights, in terms of visits, despite violations. It also noted the increasing practice of discrimination against migrants and minorities. Belarus made recommendations.

86. Belgium noted that the legal framework relating to human trafficking focused more on suppressing the scourge than on ensuring victims’ rights. It asked whether the French authorities intended to take steps to develop a more specific legal framework that includes victims’ rights. Belgium made recommendations.

87. Brazil welcomed the ratification by France of OP-CAT and the national plan to combat racism. Events in Mali were worrying. The use of force must lead to less violence and instability; the protection of civilians was paramount. Brazil associated itself with the High Commissioner’s statement of September 2012 concerning Roma and made recommendations.

88. Bulgaria, while appreciating the active role played by the authorities in promoting the condemnation and rejection of xenophobia and anti-Semitism, noted that cases had been reported of intolerance towards minorities, especially involving adolescents, and requested some examples of the good practices employed by France in countering the trend.

89. Burkina Faso welcomed progress towards ratifying international instruments relating to human rights and the rights of immigrant women and victims of violence. Efforts to protect individual and collective rights and freedoms of detainees held in anti-terrorism cases were also noteworthy. Burkina Faso made a recommendation.

90. Burundi applauded France for the establishment of the Ministry of Women’s Rights to promote women’s rights and combat gender discrimination. It strongly encouraged government efforts to develop a policy to combat racism, xenophobia and anti-Semitism. Burundi made recommendations.

91. Cambodia commended efforts to protect human rights, particularly the adoption of the plan guaranteeing the right to social security, and the measures favouring women’s rights and combating discrimination. It welcomed the ratification of CAT. Cambodia made recommendations.

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92. Canada requested an update on measures taken to prevent and end racism perpetrated by law enforcement officers and other public officials. It was concerned about reports of increasing anti-Semitic and Islamophobic acts. Discrimination in employment against Muslims, especially veiled women, was worrying. Canada made recommendations.

93. Chad commended France on its efforts to implement the recommendations made following the consideration of its report submitted under the UPR in 2008 and to put in place a number of structures with a view to ensuring human rights. Chad made recommendations.

94. Chile welcomed progress made by France at the regulatory and structural level in the protection of human rights. It commended in particular the establishment of the Ministry of Women’s Rights and the ratification of the CPED. Chile made recommendations.

95. China praised the efforts made by France to protect human rights, especially the rights of women, children and persons with disabilities. It expressed concern, however, at the prominence of racism, xenophobia and discrimination against minorities, particularly Muslim women. China made recommendations.

96. The Congo welcomed the creation of the post of Defender of Rights and the Ministry of Women’s Rights, as well as efforts to combat discrimination and racism and address minority issues, although further measures were encouraged. It urged France to take steps to reduce prison overcrowding and improve detention conditions.

97. The head of the French delegation said that much criticism focused on identity checks and the negative feelings they aroused in the population, despite the fact that they were indispensable. The checks could not be based on any physical characteristic or distinctive sign unless initiated on the basis of a specific description. The practice of racial profiling would be counter to the republican principles of equality. Checks had to be based exclusively on objective criteria without any element of discrimination. Steps had been taken to improve the relationship between the public and the police in the context of identity checks, specifically by ensuring that officers involved in a check were identifiable, with a clearly visible badge number, and with the development of a new code of ethics.

98. Meanwhile, the 8,000 unaccompanied foreign juveniles and young adults were a particularly vulnerable group and must be protected. The juveniles were exempt from the requirement to produce a residence permit, could not be subjected to forced expulsion to their country of origin and had access to all general services and infrastructure, notably the education system. They could be held in a waiting zone at the border only for the time that was strictly necessary to review their situation, and they enjoyed all legal safeguards. If it was found that they would be exposed to risk if they were returned to their country of origin, they were allowed to enter the country and were placed in the care of a specialized child protection centre. An interministerial working group on unaccompanied foreign juveniles had been set up to look at the situation in France and draw up appropriate protective measures.

99. Immigration was still a good thing for France. To be beneficial to the migrants themselves, it needed to be regulated and organized. The Government was committed to introducing a new and responsible immigration policy, based on clear, fair and stable rules. It combined firmness in the fight against illegal immigration and clandestine immigration networks with a more secure situation for legal immigrants. Transparency and objectivity were keystones in the Government’s action. Fair procedures would be introduced, dialogue with human rights associations and institutions encouraged and coordination with local authorities strengthened. The Government had put particular effort into making residence permits more easily available to highly qualified students who wanted to stay in France, by repealing the circular of 31 May 2011 on foreign students.

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100. Costa Rica commended France on adopting a national plan of action to combat racism and anti-Semitism (2012–2014) and on legislation enacted to address domestic violence, including criminalizing marital violence, and to combat the commercial exploitation of children. Costa Rica made recommendations.

101. Côte d’Ivoire welcomed the establishment of the Ministry of Women’s Rights and the commitment of France to preventing human rights violations worldwide. It encouraged France to intensify efforts to improve the situation of migrant workers and members of their families and to implement anti-discrimination legislation.

102. Cuba noted steps taken by France to protect human rights and prevent discrimination, but encouraged it to do more to eliminate discrimination against the Roma. It asked how the rights of Roma children and other minorities would be guaranteed, especially those living in illegal camps. Cuba made a recommendation.

103. Cyprus welcomed the commitment of France to the worldwide dissemination of the right not to be subjected to enforced disappearance and to women’s rights. It asked how the Government dealt with cases of violence against women involving women who refused, or were unable, to cooperate with the authorities.

104. Djibouti thanked France for the submission of its second report and noted its efforts in a number of areas in the protection and promotion of human rights nationwide and the importance it accorded to the UPR process. Djibouti made recommendations.

105. Ecuador commended France on signing ICESCR. It was concerned, however, about the situation of the Roma, especially given the Government’s policy on forced evictions and expulsions. Poverty and belonging to a racial minority were no justification for discrimination, intolerance, xenophobia and racism. Ecuador made recommendations.

106. Egypt welcomed efforts to combat discrimination and hate crimes, but was concerned about the banning of religious symbols in public schools and an act prohibiting the wearing of the niqab in public places, which had serious ramifications on Muslim women’s rights. Egypt made recommendations.

107. Estonia recognized the importance of human rights in domestic and foreign policies and efforts to ensure gender equality and women’s rights, especially the establishment of the Ministry of Women’s Rights and the global promotion of sexual and reproductive health rights. It welcomed the participation by France in the Freedom Online Coalition.

108. Australia welcomed ongoing programmes to modernize and build prisons, but was concerned about aspects of prison management, including overcrowding and the high suicide rate. It noted reports about the rights of people of Roma origin concerning immigration camps and compulsory repatriation. Australia made recommendations.

109. Poland appreciated the continued engagement of France in the field of human rights and its continuous support to the OHCHR. Poland made recommendations.

110. Greece requested more information on the Defender of Rights institution and how it would strengthen the human rights protection system in relation to previous mechanisms. It also requested more details on the broad outlines of the policy to promote gender equality. Greece made recommendations.

111. Guatemala asked whether France could provide statistics on the impact of measures adopted to prevent and suppress racist acts by law enforcement officers and whether there had been a decrease in the number of cases as a result of those measures. Guatemala made a recommendation.

112. Hungary welcomed the adoption of the Roma inclusion strategy, but remained concerned about the ongoing evictions and expulsion of Roma. It hoped that France would

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ensure that its practices and policies in that regard would conform to international law. Hungary made a recommendation.

113. India drew the attention of France to the Views adopted by the Human Rights Committee at its 106th session in November 2012 on the expulsion of an Indian student from a public school for wearing a keski, and urged France to provide an effective and enforceable remedy. India made recommendations.

114. Indonesia welcomed the 2008 constitutional reform, the creation of the Roma inclusion strategy and the Ministry of Women’s Rights. It encouraged France to formulate a comprehensive action plan to ensure the mainstreaming of gender awareness and eliminate gender discrimination. Indonesia made recommendations.

115. Iraq commended the determination of France to protect and promote human rights and improve the situation with respect to fundamental freedoms. It particularly welcomed efforts to promote gender equality and women’s rights and provide social services. Iraq made a recommendation.

116. Ireland commended France on the measures adopted to improve women’s rights. It also welcomed the development of a national plan of action to combat racism and anti- Semitism, but was concerned about ongoing patterns of de facto discrimination against minorities. Ireland made recommendations.

117. The Islamic Republic of Iran drew attention to concerns expressed by the human rights treaty bodies and mechanisms over human rights violations by the Government of France, particularly in the areas of child prostitution and child pornography, and increasing discrimination against Muslims and Roma. It made recommendations.

118. The head of the French delegation pointed out that the right of asylum was a fundamental right. The French Government intended to fully respect that right, which stood to its credit and was a benchmark for freedom. France had received more than 60,000 applications in 2012. Those figures illustrated the importance of the right of asylum in the country but also explained the problems the country was facing. The forthcoming reform of the asylum policy would focus on three areas: increasing capacity, improving waiting times for cases to be considered and carrying out a procedural review. The reform would be conducted in a spirit of responsibility, with emphasis on humane treatment and respect for rights, and in full conformity with European Union law on asylum.

119. The head of the French delegation recalled, in conclusion, that the struggle for human rights had to focus on all fronts simultaneously and would never be over, and that France was aware of the difference between what it wanted and what it managed to achieve. Expressing the hope that the discussion during the session had clarified any misunderstandings about his country, he emphasized that France welcomed dialogue, criticism and even challenges, as a driving force of progress in the field of human rights.

II. Conclusions and/or recommendations** 120. The following recommendations will be examined by France, which will provide responses in due time, but no later than the twenty-third session of the Human Rights Council in June 2013:

** Conclusions and recommendations have not been edited.

GE.13-12484 15

120.1 Ratify the other international conventions on human rights to which it is not a party, in particular the convention relating to the rights of migrant workers and members of their families (Burkina Faso);

120.2 Step up its efforts to sign and ratify the other human rights instruments which it has committed to sign and ratify (Cambodia);

120.3 Consider the possibility of withdrawing its reservation to article 30 of the Convention on the Rights of the Child in line with the principles of the French Constitution, especially after the 2008 reform (Italy);

120.4 Withdraw its reservation to article 29 of CRPD and engage in consultation with organizations of persons with disabilities to identify steps needed to implement the Convention (Slovakia);

120.5 Withdraw its reservations to article 4 of the ICERD and article 27 of the ICCPR, and adopt immediate and positive measures to eliminate all forms of discrimination, xenophobia and stigmatisation (Bahrain);

120.6 Consider ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Peru);

120.7 Apply the recommendations that, on the new immigration policy, have made several treaty bodies, particularly the request for ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Paraguay);

120.8 Ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Philippines);

120.9 Ratify ICRMW in line with the recommendations made by CRC, CERD and CESCR (Sudan);

120.10 Consider ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Trinidad and Tobago);

120.11 Reconsider the ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Turkey);

120.12 Follow up on the repeated calls to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Algeria);

120.13 Analyse the possibility of ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Argentina);

120.14 Accede to the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Belarus);

120.15 Continue to consider the possibility of ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, due to its universal nature and specific content, as well as ILO Convention 169, of 1989, concerning Indigenous and Tribal Peoples (Guatemala);

120.16 Ratify the Convention on the Protection of the Rights of Migrant Workers and Members of Their Families (Indonesia);

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120.17 Consider an early ratification of the third Optional Protocol to The Convention on the Rights of the Child on a communications procedure (Slovakia);

120.18 Consider signing the third optional protocol to the Convention on the Rights of the Child providing for a procedure on the presentation of communications (Belgium);

120.19 Sign and ratify the third Optional Protocol to the Convention on the Rights of the Child (Iran (Islamic Republic of));

120.20 Consider the ratification of ILO Convention 169 and the third Optional Protocol to the Convention on the Rights of the Child (Costa Rica);

120.21 Consider ratifying ILO Convention 189 (Philippines); 120.22 Ratify the 1961 Convention on the Reduction of Statelessness

(Slovakia); 120.23 Look into amending the ban on students wearing religious symbols in

schools, including the hijab (Kuwait); 120.24 Consider revising its law prohibiting people from wearing religious

symbols in public schools (Malaysia); 120.25 Undertake a comprehensive study of the repercussions of the ban on

facial coverings in public spaces for immigrant women and the effect on their access to public services (New Zealand);

120.26 Lift the ban on Hijab and respect the right of Muslim women to express their beliefs (Pakistan);

120.27 Review the law 228/2004 to guarantee equality and non- discrimination and protect the humane rights of all groups, including the right to education (Sudan);

120.28 Not to treat the issue of Hijab for Muslims as if it were only an accessory or a religious symbol rather than a compulsory religious edict that a large number of Muslim women want to observe (Sudan);

120.29 Reconsider both the bans on students wearing ostentatious, religious symbols in public schools and on full-face concealment in public spaces to ensure expression of freedom of religion or belief (Thailand);

120.30 Strengthen the surveillance of the law of 15 March 2004 with the aim of not adversely affect the education of girls and adolescents who profess the Muslim, Jewish or Sikh religion, and develop all necessary measures to promote inclusion (Uruguay);

120.31 Reconsider the Act on banning conspicuous religious symbols in public schools and the Act on banning Niqab in public places in the light of its relevant obligations under the international human rights law (Egypt);

120.32 Take further measures to enhance relevant human rights laws and regulations (Oman);

120.33 That every effort be made, given the importance of the Defender of Rights and the amalgamation of previous independent authorities, that it be given all necessary resources and powers to exercise its functions (Ireland);

120.34 Continue developing the institutional framework with respect to the promotion and protection of human rights (Jordan);

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120.35 Further strengthen its national framework for the promotion and protection of human rights (Trinidad and Tobago);

120.36 Give continuity to strengthening national human rights institutions (Nepal);

120.37 Establish the National Observatory of violence against women (Republic of Moldova);

120.38 Continue to strengthen the institutional and legal framework to combat discrimination (Romania);

120.39 Set up adequate mechanisms that allow for the development of legislation and support prevention and protection policies for children in all fields (Oman);

120.40 Reinforce the legislative framework and institutional mechanisms to exclude all discriminatory practices that prevent equal access to employment for persons belonging to ethnic, national or religious minorities (Ukraine);

120.41 Continue its efforts to contribute on the prevention of crimes against humanity, particularly genocide, and to the fight against negationism of past historical facts (Armenia);

120.42 Improve its policies to protect the rights of women (Namibia); 120.43 Adopt and publish a plan by 2015 to highlight measures the

Government will take to improve gender equality in France, including by enforcing existing anti-discrimination legislation more effectively (United Kingdom of Great Britain and Northern Ireland);

120.44 Continue its policies on improving the rights of the child (Jordan); 120.45 Continue the transversal approach focused on the rights of children,

in order to develop a national strategic framework for the protection of children (Republic of Moldova);

120.46 Support the legislative framework and institutional mechanisms to combat discrimination in the area of employment, and provide access to basic social services for minorities and migrants (Libya);

120.47 Find a suitable methodology for data collection, allowing a response tailored to the problems of vulnerable groups (Paraguay);

120.48 Reconsider the recommendation made from its first UPR cycle on the collection of statistics based on the notions of ethnic origin or identity and in accordance with conditions of confidentiality and objectivity as given in the French Council of State’s opinion of 1 April 2010 (Thailand);

120.49 Promote understanding, tolerance and friendship between nations and racial and ethnic groups (Ukraine);

120.50 Intensify its efforts to enhance the protection of the rights of vulnerable groups and persons with disabilities, particularly women and children and speed up the accession to the Optional Protocol to the ICESCR (Iraq);

120.51 Prevent any initiative contrary to General Comment 34 of the Committee of Human Rights (Turkey);

120.52 Increase its Official Development Aid with a view to reaching the UN target of 0.7 per cent (Namibia);

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120.53 Continue its efforts to reach the international standard of 0.7% of the GDP devoted to official development assistance (Tunisia);

120.54 Step up its efforts to bring its ODA up to the international commitment of 0.7% of GDP (Bangladesh);

120.55 Organize visits of the Special Rapporteurs on contemporary forms of racism, rights of migrants and torture to the country (Belarus);

120.56 Continue to deploy efforts to increase equity and equality between men and women in public service, particularly with the establishment of the High State Council for Equality and move forward with measures and legislation for social integration of migrant workers (State of Palestine);

120.57 Continue its efforts to promote equality between men and women (Paraguay);

120.58 Perform systematically a study of the impact of all measures (laws and decrees) regarding women’s rights (Republic of Moldova);

120.59 Gender equality in the workplace, particularly concerning the executive level and the possibility of women gaining management positions, concerning both public enterprise and the private sector, as well as equal pay for men and women (Netherlands);

120.60 Continue efforts to combat gender inequality in the workplace and implement measures to increase representation of women at senior level and managerial positions in government and other sectors (Sri Lanka);

120.61 Take all necessary measures to promote and facilitate the professional evolution of women to positions of higher responsibilities (Canada);

120.62 Continue taking measures to eliminate racial and ethnic discrimination (Japan);

120.63 Continue its efforts to combat racism against foreigners (Kuwait); 120.64 Take more effective measures to combat racism, racial discrimination

and xenophobia against minority groups in the country, in particular prejudice against the Muslims (Malaysia);

120.65 Take measures to produce data adequate for combating discrimination and violence against minorities more efficiently (Norway);

120.66 Further enhance the integration of indigenous peoples and communities of migrants by granting them more rights and by combating discrimination and racism (Oman);

120.67 Continue to strengthen its anti-racism and anti-discriminatory policies and measures, especially for the Roma and other minorities (Namibia);

120.68 Continue the efforts to prevent and combat all forms of racial discrimination and xenophobia, and continue to provide the full support to implement the national action plan against racism 2012–2014 (Qatar);

120.69 Step up its efforts to combat racist, anti-Semitic and extremist expressions and actions (Russian Federation);

120.70 In line with article 1 of the French Constitution, take further measures to combat racial discrimination, xenophobia and other forms of

GE.13-12484 19

intolerance and address related issues such as access to education, employment, housing and health of the people belonging to minority groups (Sri Lanka);

120.71 Incorporate relevant materials in the school curriculum to combat negative preconception against sections of the French society of migrant background, to complement the national action plan against racism and anti- Semitism (Timor-Leste);

120.72 Intensify its efforts to fight against discrimination and intolerance, particularly against Muslims, immigrants and people of African descent, and encourage senior Government officials and politicians to take a clear position against racist or xenophobic political discourse (Tunisia);

120.73 Use every means possible to combat the rise of racism and xenophobia, including in the Internet (Uruguay);

120.74 Adopt effective measures to prevent any form of discrimination, racism and xenophobia (Uzbekistan);

120.75 Continue the implementation of the national plan of action against racism and anti-Semitism (Angola);

120.76 Continue the measures to combat discrimination and intolerance experienced by racial and ethnic minorities, especially those measures to eradicate the dissemination of stereotypes which may encourage discrimination and xenophobic manifestations towards migrants (Argentina);

120.77 Reinforce its legislative framework and institutional mechanisms to combat all discriminatory practices and measures based on race, colour, religion and origin or other status (Bangladesh);

120.78 Continue to provide better protection for the rights of all its citizens through the implementation of the national action plan against discrimination which reflects the firm resolve of the Government to combat all forms of discrimination on the grounds of origin in accordance with its international obligations (Cambodia);

120.79 The effective implementation of the repressive action provided for in the National Action Plan against Racism and Anti Semitism (2012–2014), considering the rise of this phenomenon from another age (Chad);

120.80 Strengthen the fight against xenophobia and Islamophobia (Chad); 120.81 Take effective measures in legislation and law enforcement to

honestly combat racism, xenophobia and discrimination against minority groups to ensure all human rights of minorities through various means of harmonious ethnic co-existence and common development (China);

120.82 Continue efforts to eliminate all forms of discrimination based on race, language, religion, nationality, ethnicity, etcetera, and seek to regulate the xenophobic and racist discourse of certain media (Costa Rica);

120.83 Continue its efforts in the struggle for the elimination of all forms of racial discrimination and xenophobia, especially those forms which are a violation of the human rights of minorities (Cuba);

120.84 Allocate the necessary resources for the implementation of the National Plan of Action against racism and anti-Semitism (Greece);

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120.85 Provide consistent clear response to reject any discriminatory political speech in order to promote understanding, tolerance and friendship between nations and racial, religious and ethnic groups (Indonesia);

120.86 Take legal measures to alleviate the difficulties faced by members of minority groups, including Muslims, Roma and African people as well as the enjoyment of their economic, social and cultural rights (Iran (Islamic Republic of));

120.87 Adopt further legislative measures in order to combat racist, xenophobic and Islamophobic acts and manifestations, particularly against Muslim sanctities including in the political arena and in the media (Iran (Islamic Republic of));

120.88 Continue deploying efforts to combat employment discrimination (Peru);

120.89 That equality between women and men in the workplace becomes effective in the near future (Burundi);

120.90 Take all necessary measures to prevent discrimination in hiring in the active population, since access to employment on the part of minorities is limited (Canada);

120.91 Reinforce the legislative framework and institutional mechanisms aimed at excluding all discriminatory practices that prevent equal access to employment for persons belonging to ethnic, national or religious minorities (Poland);

120.92 That its legislative framework and relevant institutional mechanisms be strengthened in order to exclude all discriminatory practices that prevent equal access to employment for persons belonging to ethnic, national or religious minorities (Ireland);

120.93 Ensure that all serious allegations of ill-treatment are investigated promptly through independent inquiries (New Zealand);

120.94 Investigate cases of disproportionate use of force by police during arrests, custody and interrogations of suspects in particular migrants (Russian Federation);

120.95 Take the necessary steps to ensure that allegations of ill-treatment by security forces in detention centers are promptly investigated, through a transparent and independent procedure, especially when they relate to particularly vulnerable groups such as minors (Spain);

120.96 Ensure that all allegations of violent acts perpetrated by security forces or penitentiary personnel be the subject of a prompt, independent and effective investigation to avoid impunity (Switzerland);

120.97 Take all necessary measures to prevent and avert illegal treatment by law enforcement authorities (Uzbekistan);

120.98 Ban explicitly the use of racial profiling in the conduction of identity checks (Mexico);

120.99 Take measures to prevent ethnic profiling by law enforcement officials and private businesses and provide effective remedies for victims (Pakistan);

GE.13-12484 21

120.100 Take the necessary measures to stop malpractices by police officers, especially identity searches based on racial profiling of Muslims and people from Arab or African descent (Egypt);

120.101 Put an end to the practice of ethnic profiling which is ineffective and counter-productive (India);

120.102 Consider ending the use of tasers and full body searches in prisons (Norway);

120.103 Ban the use of harmful devices such as ultra sound and flash ball devices and taser guns (India);

120.104 Take the necessary measures to ensure that all detainees have equal conditions regarding access to a lawyer from the outset of their detention, regardless of the nature of the alleged offense (Mexico);

120.105 Bring-up French prisons to the level of international standards (Netherlands);

120.106 Continue to strengthen regulation of the penitentiary facilities to fully ensure the rights of and conditions for detained persons (Republic of Korea);

120.107 A greater use of alternative measures to detention facilities and penalties (Togo);

120.108 Continue to implement alternative measures to imprisonment aimed at reducing prison over-crowding (Austria);

120.109 Introduce and publish a national action plan to improve conditions and address over-crowding in prisons, including an increased focus on rehabilitation (United Kingdom of Great Britain and Northern Ireland);

120.110 Allocate more resources to improve the conditions of prisons around the country and in French overseas territories and provide additional training to prison staff (United States of America);

120.111 Work to improve detention conditions, particularly with regard to high suicide rates and the number of people suffering from mental health problems in prisons (Algeria);

120.112 Implement measures to improve conditions in French prisons, including by allocating greater resources to rehabilitation of detainees, improving prisoners’ access to medical treatment and instituting preventive measures to lower suicide rates (Australia);

120.113 Take further measures in the same direction of the previous ones for the social reintegration of juvenile delinquents (Greece);

120.114 Continue the implementation of the national plan on “Women, Peace and Security”, in the context of the implementation of Security Council Resolution 1325 pertaining to the protection of women against violence in conflict and post-conflict situations as well as the simplification of the procedures for naturalization and their integration into society (Angola);

120.115 Combat domestic violence against women and children (Russian Federation);

120.116 Take all the necessary legal measures to explicitly ban the corporal punishment of children in all settings, including the family, schools and institutions (Uruguay);

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120.117 Introduce legislation to explicitly prohibit all corporal punishment of children as recommended by the Committee on the Rights of the Child (Finland);

120.118 Consider introducing provisions explicitly prohibiting corporal punishment against children (Poland);

120.119 Implement CRC recommendations by setting a national plan to fight trafficking in women and children (Libya);

120.120 Consider adopting a national plan to combat trafficking in persons in the context of the measures taken to promote and protect the rights of women and children (Peru);

120.121 Establish a national plan to combat trafficking in persons and trafficking in women and children (Spain);

120.122 Design and implement a national plan against trafficking in persons that would include a national coordinating body (Switzerland);

120.123 Develop a national strategy to combat trafficking of women and children, and prohibit and criminalize child exploitation and prostitution (Bahrain);

120.124 Adopt a national plan to fight against trafficking in persons (Belgium);

120.125 Provide an update at the mid-term review on which specific measures it has put in place to combat trafficking of children and child prostitution (Hungary);

120.126 Adopt comprehensive measures to combat paedophilia and the increase of child prostitution (Belarus);

120.127 Establish structures providing assistance and systematic protection to all minors in the situation of prostitution (Belgium);

120.128 Continue making every effort to ensure greater protection against child prostitution and pornography (Chile);

120.129 Increase its efforts to prevent and combat all forms of abuse of children and adopt preventative measures and provide protection and services for their recovery (Iran (Islamic Republic of));

120.130 Adopt additional measures for the protection of the family institution and stop propaganda on relations between same-sex couples at the state level. Bring up the issue of adoption of children by same-sex couples to the public consideration (Belarus);

120.131 Ensure the birth registration of all children in French Guyana (Brazil);

120.132 Make efforts to adopt legislation to prevent incitement to religious and racial hatred (Libya);

120.133 Take measures to prohibit hate speech, racist and xenophobic acts and their manifestation (Pakistan);

120.134 Redouble its attention with regard to the denial of religious intolerance and xenophobia (Senegal);

GE.13-12484 23

120.135 Effectively implement its obligation to ensure freedom of religion in accordance with the ICCPR (Uzbekistan);

120.136 Withdraw its deposited interpretation of Article 4 of the ICERD, and include within the updated national plan enhanced accountability measures on combating the religious and ethnic incitement and hate speech, particularly with respect to elections and media (Egypt);

120.137 Continue efforts in safeguarding the welfare of all segments of society and the protection of their rights (Nepal);

120.138 Take effective measures to guarantee people’s economic and social rights, lower female unemployment rate, and improve the living conditions of the poor (China);

120.139 Take effective measures to further strengthen the implementation of its legal framework to combat sub-standard housing for individuals and families who live in sub-standard housing characterized by the unsafe and unhealthy conditions (Iran (Islamic Republic of));

120.140 Ensure that school textbooks do not contain elements that compromise the objectivity and freedom of historical research as well as the respect of rights and dignity of all (Turkey);

120.141 Ensure that the public broadcasting system increases the time allocated to regional language programmes and that sufficient financial and human resources are made available for this purpose (Slovenia);

120.142 Engage the NGOs in the field of language protection in the follow-up to the UPR and in the preparation of the next UPR report (Slovenia);

120.143 Ratify the European Charter for Regional or Minority Languages of the Council of Europe (Austria);

120.144 Fight against the unemployment rate of people with disabilities, which still is three times higher than the average (Djibouti);

120.145 Pursue its efforts to combat discrimination against Roma (Austria); 120.146 Continue to respond to the previous recommendations by several

Special Rapporteurs to ensure that its policies and practices regarding the dismantling of Roma settlements and the expulsion of migrant Roma conform in all respects to European and international human rights law (Japan);

120.147 Introduce more careful approaches to the questions related to Roma being moved from their camps, as well as further efforts for their integration into French society (Republic of Korea);

120.148 Pay close attention to the problem of violation of the rights of Roma, to their social situation, medical care, and their possibility to obtain adequate education (Russian Federation);

120.149 Ensure that evictions from unauthorized Roma camps are carried out in full adherence with the law and work to better integrate Romani individuals into French society through provision of educational and employment opportunities (United States of America);

120.150 Certify that all its policies on the Roma are in line with the ICERD (Brazil);

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120.151 Ensure that all policies concerning Roma are consistent with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (Poland);

120.152 That social integration of Roma becomes a reality (Burundi); 120.153 Use all appropriate policies to ensure equal access for everyone to

employment, regardless of racial or religious origins (Burundi); 120.154 End the practice of forced evictions against the Roma population, by

amending existing laws and enacting new ones aimed at the protection of this vulnerable group from forced evictions (Ecuador);

120.155 Review policies to ensure that the rights of Roma people in migration camps are fully respected and that they are not unlawfully targeted for removal and that removal orders are subject to a full individual assessment (Australia);

120.156 Take immediate and effective steps to address discrimination perpetrated against the Roma people (India);

120.157 Continue enhancing and developing policies for the social integration of migrants (Kuwait);

120.158 Adopt measures to reduce the level of unemployment among migrants and provide support for their integration into the labour market (Russian Federation);

120.159 Further strengthen the protection of the rights and dignity of foreigner subjected to identity checks or expulsion procedures (Tunisia);

120.160 Consider, especially, the access of the most disadvantaged groups to health centers and services, particularly in the case of asylum seekers and migrants (Chile);

120.161 Continue and intensify efforts to promote access for persons of foreign origin to the public function, especially among the most disadvantaged (Djibouti);

120.162 Ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, improve the situation of detention of migrants and shorten the time they spent in detention facilities, punish all acts of violence against a migrant committed by any citizen, law enforcement officer, judicial or Government authority so that there is no room for impunity (Ecuador);

120.163 Guarantee that decisions to expel asylum seekers, including those subject to the priority procedure, are not executed until a competent judge has ruled on the matter (Mexico);

120.164 Limit the use of detention of migrants and asylum seekers, especially when families with young children are concerned (Norway);

120.165 Pay particular attention to unaccompanied migrant children and undertake specific measures to ensure their adequate protection (Morocco).

121. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.

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Annex

[English/French only]

Composition of the delegation The Delegation of France was headed by His Excellency, François Zimeray, Ambassador for Human Rights and composed of the following members:

• S.E. M. Nicolas NIEMTCHINOW, Ambassadeur, Représentant permanent de la France auprès de l’Office des Nations Unies à Genève;

• M. Jacques PELLET, Représentant permanent adjoint de la France auprès de l’Office des Nations Unies à Genève;

• M. Régis GUYOT, Délégué interministériel à la lutte contre le racisme et l’antisémitisme, Délégation interministérielle à la lutte contre le racisme et l’antisémitisme;

• M. Manuel DEMOUGEOT, Directeur de cabinet de la Délégation interministérielle à l’hébergement et à l’accès au logement (DIHAL);

• M. Rodolphe JUY-BIRMANN, Chef du service des affaires juridiques et institutionnelles au sein de la Délégation générale à l’Outre-mer, ministère des Outre-mer;

• Mme Gladys DUROUX, Rédactrice au sein du bureau du droit et du contentieux européen, international et institutionnel de la Direction des libertés publiques et des affaires juridiques (DLPAFJ), ministère de l’Intérieur;

• M. Roger VRAND, Sous-directeur de la vie scolaire, des établissements et actions socio-éducatives, ministère de l’Éducation nationale;

• Mme Frédérique DOUBLET, Cheffe du département du droit d’asile et de la protection au Secrétariat général à l’immigration et à l’intégration, ministère de l’Intérieur;

• Mme Gaëlle SMIROU-DUMONT, Cheffe du bureau du droit et du contentieux européen, international et institutionnel de la DLPAJ, ministère de l’Intérieur;

• Mme Karine GILBERG, Cheffe du bureau de l’expertise et des questions institutionnelles au Service des affaires européennes et internationales, ministère de la Justice;

• Mme Anne REBEYROL, Cheffe de la mission « prévention des discriminations et égalité fille-garçon », ministère de l’Éducation nationale;

• M. Pascal FROUDIERE — Direction générale des affaires sociales — Bureau des affaires européennes et internationales, ministère des Affaires sociales et de la Santé;

• M. Raphaël TRAPP, Conseiller juridique, Mission permanente de la France auprès de l’Office des Nations Unies à Genève;

• Mme Katerina DOYTCHINOV, Conseillère, Mission permanente de la France auprès de l’Office des Nations Unies à Genève;

• Mme Sophie BUSSON, rédactrice à la Sous-direction des droits de l’homme et des affaires humanitaires, ministère des Affaires étrangères ;

26 GE.13-12484

• Mme Emeline LAURENS, chargée de mission auprès de l’Ambassadeur pour les droits de l’homme, ministère des Affaires étrangères;

• Mme Marine PATELOU, Mission permanente de la France auprès de l’Office des Nations Unies à Genève.