Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The law permits the government to cancel and seize passports and identification cards of French nationals in some circumstances, such as when there are serious reasons to believe that they plan to travel abroad to join a terrorist group or engage in terrorist activities.
In-country Movement: The law requires persons engaged in itinerant activities with a fixed domicile to obtain a license that is renewable every four years. Itinerant persons without a fixed abode must possess travel documents.
f. Protection of Refugees
Abuse of Migrants, Refugees, and Stateless Persons: Local authorities of Grande-Synthe, in the north of France, and eight local associations approached the Council of State with concerns about the migrants’ living conditions, the “inaction” of the state, and the “violation of fundamental rights” at a gymnasium in the commune of Grande-Synthe housing hundreds of migrants in conditions NGOs described as a violation of fundamental rights. On June 21, the Council of State, the country’s highest administrative court, ordered authorities to install water points, showers, and toilets in the gymnasium. The Council of State gave regional authorities eight days to install “sufficient” resources and to provide some 700 migrants with information, in their own languages, about their rights. The Council ruled that the state had been deficient in executing its responsibility to ensure “the right not to be submitted to inhuman or degrading treatment.” Regional authorities cooperated with the ruling. In September police moved approximately 1,000 persons from the gymnasium and the surrounding tent settlement to emergency shelters elsewhere in northern France. NGOs, including Doctors of the World and Care4Calais, criticized the lack of transparency on where migrants were being taken and described the evictions as a “show of institutional violence.”
Beginning November 6, the government began a push to evacuate migrant camps before the end of the year and resettle or relocate inhabitants “in line with government regulations.” From November 6 to December 4, police evacuated at least four migrant camps housing an estimated 3,500 to 4,000 migrants around the country. On November 28, a group of 20 NGOs, including Doctors without Borders and the human rights organization La Cimade, issued a statement criticizing the “infernal cycle of camps, evacuations, and police harassment” and the continuation of evacuations without providing viable long-term housing solutions. Within 48 hours of one evacuation, the group noted “the return to the street of dozens of people” who did not “meet the required administrative criteria” for more permanent housing.
The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, returning refugees, and other persons of concern.
Refoulement: Amnesty International France and La Cimade criticized the country for its deportation of migrants to Afghanistan, stating on October 25 that the level of attacks on civilians in Afghanistan meant “forced deportations of Afghans are illegal and violate the principle of nonrefoulement.” On September 9, InfoMigrants news organization reported the Ministry of Interior confirmed 11 deportations to Afghanistan in 2018, the same number as in the previous year. Deportations to Afghanistan continued during the year.
Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance. Applications for asylum must be made on French territory or at a French border-crossing point. Asylum seekers may request from a French embassy or consulate a special visa for the purpose of seeking asylum in France. After arrival in France, the visa holder must follow the same procedure as other asylum seekers in France; however, the visa holder is authorized to work while his or her asylum application is processed and evaluated, unlike other applicants. Asylum seekers may appeal decisions of the OFPRA to the National Court on Asylum Law.
In 2018 parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shorten from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extend from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence. By law unaccompanied migrant children are taken into the care of the child protection system.
OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture.
In a report published June 5, Amnesty International accused authorities of harassing, intimidating, and assaulting people offering aid to migrants in the north of France in a deliberate attempt to discourage their work. The report, Targeting Solidarity, noted that security forces engaged in a deliberate attempt “to curtail acts of solidarity” offered by activists to migrants, asylum seekers and refugees. Authorities harassed, intimidated, and even violently assaulted people offering humanitarian aid and other support.
Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Kosovo, Mauritius, Moldova, Mongolia, Montenegro, North Macedonia, Senegal, and Serbia.
Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days, except in cases related to terrorism. There were 24 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.
On June 4, six refugee and migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, Ordre de Malte, and Solidarite Mayotte) released a joint annual report that estimated 45,000 undocumented migrants were placed in administrative holding centers in 2018, representing a slight decrease from 47,000 in 2017.
According to the associations’ annual report, the government detained 1,429 children. The report noted, however, that in 86 percent of the cases, the duration of detentions did not exceed 48 hours. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations continued to criticize the provision of the 2018 asylum and immigration bill that doubled the maximum detention time for foreigners subject to deportation to up to 90 days.
On September 17, authorities cleared more than 800 migrants, mainly Iraqi Kurds, from a makeshift camp near the northern port of Dunkirk, after the Lille administrative court ruled on September 4 it had become a health and security hazard. A total of 811 persons, including 506 young men and 58 unaccompanied minors, were cleared from the gym and makeshift camp. They were resettled in public facilities elsewhere in the country while they waited for the government to register and review their eligibility for asylum.
Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2018 the government voluntarily repatriated 10,678 undocumented migrants, including 2,709 minors, to their countries of origin. On September 6, the Ministry of the Interior announced a temporary increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 650 euros ($715) to 1,850 euros ($2,035).
Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2018, the most recent year for which information was available.