The constitution and the law protect the right of individuals to choose, change, and practice religion. On October 2, President Emmanuel Macron unveiled a broad set of policies to combat “Islamist separatism,” which he described as a “methodical organization” to create a “countersociety” in which Islamists impose their own rules and laws on isolated communities, and defend state secularism against radical Islam. Among the measures in a draft law to be taken up by parliament, which Macron said were directed against radical Islamists that undermined French values rather than at Muslims broadly, were ending foreign financing of imams and abolishing unaccredited schools. On November 2, Interior Minister Gerald Darmanin announced the government had closed 43 mosques for extremism since May 2017. Catholic Church officials criticized government COVID-19 restrictions that, they said, inordinately affected religious groups. In May, the country’s highest administrative court ordered an end to the ban on religious gatherings, calling freedom of worship a fundamental right. In November, the same court denied an appeal by Catholic bishops to overturn a new government prohibition on masses after a new wave of COVID infections. In June, the Constitutional Council invalidated core provisions of a law against online hate speech that parliament had enacted in May as part of the government’s plan to combat racism and anti-Semitism. In June, the European Court of Human Rights ruled the government had violated the free speech rights of Palestinian activists advocating for the Boycott, Divestment, and Sanctions (BDS) movement against Israel. In January, demonstrators in Paris protested a 2019 court ruling that the killer of a Jewish woman, Sarah Halimi, in 2017 was not criminally responsible. Jewish groups protested the Paris prosecutor’s decision not to charge a man with anti-Semitism after he painted swastikas on a landmark Paris street. President Macron and other government officials condemned anti-Semitic, anti-Muslim, and anti-Christian acts, and the government continued to deploy security forces to protect religious and other sensitive sites.
There were instances of religiously motivated crimes and other abuses, including killings, attempted killings, assaults, threats, hate speech, discrimination, and vandalism. On October 29, a Tunisian man killed three Christian worshippers in a church in Nice. In October, a teenage Chechen Muslim refugee beheaded teacher Samuel Paty after he showed his class cartoons of the Prophet Muhammad in a discussion on freedom of expression. In September, a Pakistani man stabbed two persons outside the former offices of the Charlie Hebdo magazine, shortly after the magazine had republished cartoons of the Prophet Muhammad. Although 2020 statistics on anti-Christian incidents were not yet available, most incidents involved vandalism or arson of churches and cemeteries. The French Council of the Muslim Faith (CFCM) reported 235 incidents targeting Muslims, compared with 154 in 2019. The Jewish Community Protection Service (SPCJ) reported 339 anti-Semitic incidents – a decrease of 50 percent compared with the 687 in 2019 – including a violent assault on a Jewish man and desecration of Jewish cemeteries. In October, authorities charged two women with assault and racist slurs for stabbing two women wearing Islamic headscarves. A January survey for the American Jewish Committee (AJC) found 70 percent of Jewish respondents said they had been the targets of at least one anti-Semitic incident in their lifetimes. In the same survey, 47 percent of Jewish and non-Jewish respondents (and two-thirds of Jews) said the level of anti-Semitism in the country was high.
The U.S. embassy, consulates general, and American presence posts (APPs) discussed religious tolerance, anti-Semitic and anti-Muslim acts, the role of religious freedom in combating violent extremism, and cooperation on these issues with officials at the Ministries of Interior and Foreign Affairs and the Interministerial Delegation to Fight Against Racism, Anti-Semitism and Anti-LGBT Hate (DILCRAH). The Ambassador designated combating anti-Semitism as one of four key “pillars” of enhanced embassy outreach. The Ambassador and embassy, consulate, and APP officials met regularly with religious communities and their leaders throughout the country to discuss religious freedom concerns and encourage interfaith cooperation and tolerance. The embassy sponsored projects and events to combat religious discrimination and religiously motivated hate crimes, such as projects bringing together youth of different faiths and roundtable events with religious leaders, and regularly used social media to convey messages highlighting issues pertaining to religious freedom.
Legal Framework
The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and shall respect all beliefs. The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.
The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,800) and imprisonment for one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.
Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($55,200-$92,000), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($55,200). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.
Although the law does not require it, religious groups may apply for official recognition and tax-exempt status. Religious groups may register under two categories: associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt. Associations in either category are subject to fiscal oversight by the state. An association of worship may organize only religious activities. Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations. Religious groups normally register under both categories. For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.
Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition. Under the law, the Church of Scientology has the status of a secular and not a religious association. Parliamentary reports (most recently in 1996) have labelled Scientology as a “cult,” and multiple Scientology officials have been convicted of crimes in the country.
The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”
Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find that comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. A place of worship that has been closed may remain closed beyond the six-month maximum if it does not replace its chief cleric and/or management. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($9,200). On December 17, parliament voted for the extension of the legislation until the end of July 2021.
The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($180) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($36,800) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.
The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Islamic headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.
By law, the government may not directly finance religious groups to build new places of worship. The government may, however, provide loan guarantees or lease property to groups at advantageous rates. The law also exempts places of worship from property taxes. The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905. The government may fund cultural associations with a religious connection.
The law separating religion and state does not apply in three classes of territories. Because Alsace-Lorraine (currently comprising the departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group. Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the Interior Ministry, and the country’s President, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg. The Prime Minister appoints the Chief Rabbi and the presidents of the Jewish and Protestant consistories (the administrative governance bodies of these groups) in Alsace-Moselle, and the Interior Minister appoints ministers of the three Christian churches (Catholic, Lutheran, and Protestant Reformed Church of Alsace and Lorraine) in the region. Local governments in the region may also provide financial support for constructing religious buildings. The Overseas Department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church. Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups. This provision also applies to the portion of Antarctica the government claims as an overseas territory.
Public schools are secular. The law prohibits public school employees from wearing visible signs of religious affiliation and students from wearing “conspicuous religious symbols,” including the Islamic headscarf, Jewish skullcap, Sikh turban, and large Christian crosses. Public schools do not provide religious instruction except in Alsace-Moselle and overseas departments and territories. In Alsace-Moselle, religious education regarding one of the four recognized faiths (Catholicism, Lutheranism, Protestant Reformed Church of Alsace and Lorraine, and Judaism) is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents. Religious education classes are taught by laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, public schools teach information about religious groups as part of the history curriculum. Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school. Homeschooling and private schools must conform to the educational standards established for public schools.
By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools. According to the education code, religious instruction is allowed but optional in government-subsidized private schools. Students are not required to attend religion classes, and other activities are available for students who opt out.
Missionaries from countries not exempt from entry visa requirements must obtain a three-month tourist visa before traveling to the country. All missionaries from nonexempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country. Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.
The law criminalizes the BDS movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”
The country is a party to the International Covenant on Civil and Political Rights.
During his October 29 emergency visit to Nice, shortly after a Tunisian national entered the Basilica of Notre Dame and stabbed three Catholic worshippers to death, President Macron offered his condolences to the country’s Catholics and urged people of all religions to unite and not “give in to the spirit of division.” In a November 7 national memorial, Prime Minister Jean Castex paid tribute to the three victims. Castex said, “We know the enemy. Not only is he identified, but he has a name: It is radical Islamism, a political ideology that disfigures the Muslim religion by distorting its texts, its dogma, and its commands.” He concluded, “We will not allow the France that we love to be disfigured.”
On October 19, Interior Minister Darmanin ordered a six-month closure of the mosque in Pantin, a suburb of Paris, following the October 16 beheading of teacher Samuel Paty, who had shown his class cartoons of the Prophet Muhammad as part of a lesson on freedom of expression. The mosque’s imam had posted on social media calls to retaliate against Paty for showing the cartoons. The mosque appealed the Minister’s decision before the Montreuil administrative court, which on October 27, validated the government’s decision to close the mosque. The court ruled authorities had committed no “serious and manifestly illegal violation of fundamental freedoms” in temporarily closing the mosque “for the sole purpose of preventing acts of terrorism.”
On August 30, Junior Minister for Citizenship Marlene Schiappa reported that since February 2018, when it launched a nationwide program to counter “Islamism and communitarianism,” the Ministry of Interior had closed 210 restaurants and cafes (mostly kebab restaurants), 15 places of worship, 12 cultural establishments, and four schools. According to Schiappa, those establishments, which the government did not specifically identify, “were gathering places to organize Islamist separatism.” Independent online investigative website Mediapart requested the list of closed sites through the Administrative Documents Access Commission (Commission d’acces aux documents administratifs, CADA), an independent government agency providing administrative documents and public records. In December, CADA upheld the Ministry of Interior’s decision not to make public specific names of institutions.
On November 2, Interior Minister Darmanin announced at the National Assembly that the government had closed 43 mosques since May 2017. The Ministry of the Interior reported that, as of December 29, it was in the process of investigating for closure 76 mosques, including 16 in the Paris region, because of suspected separatism. The al-Kawthar Mosque in Grenoble reopened in August 2019 after the legal maximum closure period of six months.
On February 18, President Macron, together with his Ministers of Interior, Housing, Youth, and Sports, visited the eastern city of Mulhouse to introduce a plan, which would require parliamentary approval, to fight “Islamist separatism.” Macron said “political Islam” had no place in the country and stressed national unity. He proposed specific measures, including an end to the practice of foreign-financed imams, referring to the 300 imams whom foreign governments had sent to the country, adding they would be replaced by French-trained imams. According to Macron, the strategy aimed to reduce Islamist influence in sensitive neighborhoods and to abolish structures, such as unaccredited schools that paralleled or replaced government structures and undermined state secularism. In public schools, Macron proposed abolishing foreign language and culture programs taught by individuals appointed and/or funded by foreign governments. Macron also announced the reinforcement of oversight of foreign-funded religious sites.
Further to his February announcement, on October 2, President Macron introduced the outlines of a draft law that he said aimed to counter “Islamist separatism.” The government introduced the full draft law in December, and parliament was scheduled to consider it in 2021. Macron reaffirmed state secularism, calling it “the cement of a united France,” and said, “What we must attack is Islamist separatism.” Macron stated that all religious practice must comport with the law. He said, “Islam is a religion … that is being infected by radical impulses,” adding, “External influences … have pushed these most radical forms,” citing their effect on Wahabism, Salfafism, and the Muslim Brotherhood. Macron described Islamic separatism as a project “…serving as a pretext for teaching principles which are not in accordance with the Republic’s laws,” in which Islamists impose their own rules and laws on isolated communities and negate national “principles, gender equality, and human dignity.” Macron stated his campaign targeted radical Islamists and not Islam or Muslims and that he offered an “inclusive message” to millions of Muslims who were integrated “full citizens.” He added, “Our challenge today is to fight against this abuse that some perpetrate in the name of religion, by ensuring that those who want to believe in Islam are not targeted.”
Prior to this speech, President Macron, Prime Minister Castex, and Interior Minister Darmanin held consultations with the CFCM on September 16, 25, and 26 to present the government’s plan. The CFCM stated it was in agreement with the President’s measures.
Jehovah’s Witness officials reported one case in which authorities interfered with proselytizing during the year. On February 8, municipal police in Erstein, Bas-Rhin Department, citing a municipal decree, prohibited Jehovah’s Witnesses from engaging in door-to-door activity. Jehovah’s Witnesses sent a letter to the mayor, referencing the laws recognizing their right to proselytize, but did not indicate they received a response.
Between March 16 and May 11, the government implemented a nationwide lockdown because of the COVID-19 pandemic that included a ban on religious gatherings and worship and door-to-door proselytizing. While the government lifted restrictions on freedom of movement on May 11, it extended the ban on gatherings in places of worship – except for funerals which it limited to 20 persons – and gatherings with more than 10 persons until June 2. The Catholic Church was the most vocal in expressing opposition to these measures.
On April 28, after then-Prime Minister Edouard Philippe told the National Assembly religious services would not resume before June 2 (although churches remained open for individual prayer), the Bishop’s Council of the Catholic Church responded that the continuing measures did not incorporate its proposal to resume religious services with social distancing measures in place. On April 30, then-Interior Minister Christophe Castaner met with Archbishop Eric de Moulins Beaufort, president of the Conference of Bishops of France, to discuss Catholic concern. Bishop of Nanterre Matthieu Rouge publicly criticized the government’s restrictions, which he said fell disproportionately on religious groups, stating that many shops and some museums were allowed to reopen on May 11. He called the delay for churches a sign of “anti-clericalism” or “anti-Catholic orientation” in the presidency. While expressing disappointment with the restrictions, Archbishop de Moulins Beaufort said Catholic officials would “adapt.”
In a May 18 ruling, the Council of State – the country’s highest administrative court – ordered the government to lift within eight days the ban on religious meetings, calling it a “disproportionate measure.” The council, responding to a lawsuit brought by NGOs and individuals, said such a ban on freedom of worship caused “serious and manifestly illegal damage.” The council highlighted that the government had previously authorized public gatherings of up to 10 persons in other settings and that a complete and total ban on worship was “disproportionate to the objective of preserving public health.” The ruling stipulated freedom of worship was a fundamental right that “includes among its essential components the right to participate collectively in ceremonies, in particular in places of worship,” and that the government’s decree “constitutes a serious and manifestly unlawful interference with it.” On May 23, the government issued a decree allowing services to resume.
On April 21, President Macron held a virtual meeting with religious leaders to thank them for implementing COVID-19 safety measures and celebrating religious holidays, including Easter, Passover, and Ramadan, “without gatherings” and to express the need to continue the collaboration.
On April 19, armed police interrupted a Mass at Saint-Andre de l’Europe, a Catholic church in Paris, to enforce social distancing. The police did not fine the priest or others involved with having the Mass go forward. The Mass had been scheduled to be broadcast later that weekend. Paris Archbishop Michel Aupetit said police entered the church armed, an act he described as generally not permissible unless there was a threat to public order. He compared the COVID-19 climate to the World War II occupation of France.
Police fined the priest of Saint-Nicolas-du-Chardonnet, a church under the authority of the Society of St. Pius X, 135 euros ($170) for conducting an Easter Vigil Mass with approximately 40 attendees.
On October 30, authorities reintroduced measures restricting freedom of movement, religion, and worship to combat a second wave of COVID-19 infections. Places of worship remained open for individual prayer during the second nationwide lockdown, but authorities did not permit worship services, only authorizing funeral services attended by a maximum of 30 persons and weddings attended by a maximum of six persons. Five bishops announced on November 2 they had lodged appeals with the Council of State to demand the ban on masses be lifted, stating that the most recent COVID-19 restrictions violated freedom of worship and were disproportionate in relation to other COVID-19 lockdown measures. On November 7, the Council of State rejected the bishops’ appeal. The ruling judge stated churches remained open, despite not being able to hold services, and that Catholics could go to a church near their homes, provided they carried the necessary paperwork. Priests were also allowed to visit persons in their homes, and chaplains to visit hospitals. The judge also stated current rules would be the subject of review by the government by November 16 to evaluate their pertinence and proportionality. On November 26, Prime Minister Castex announced only 30 persons at a time would be allowed at prayer services inside places of worship and with stringent sanitary measures.
In October, members of the Church of Scientology reported that the Court of Montreuil overturned the 2019 municipal decree by the mayor’s office in Saint-Denis, just outside Paris, refusing a permit allowing the Church to renovate a building it had purchased in the municipality for the purpose of converting it into its headquarters and a training center. According to the Scientologists, the court found that “the mayor had exercised his powers for a purpose other than the preservation of the safety and accessibility of the premises.” The court ordered the government to pay the Church of Scientology damages (amount as-yet unspecified). The municipality of Saint-Denis announced its intention to appeal the decision, and the case was pending at year’s end.
A May 10 article in The Washington Post reported that “many Muslims, religious freedom advocates, and scholars see a great deal of irony” that the French ban on face coverings such as burqas remained in effect despite the country’s adoption of mask requirements due to the COVID-19 pandemic. During the year, there were no reports of police enforcing the face covering ban or of protests or public comment concerning the ban by Muslim groups. French media rejected the premise of the article. Newspaper Le Figaro, for example, called it “a misunderstanding and a mistake,” adding that the “antiburqa” ban did include exceptions for health, professional, or legislative requirements and that COVID-19 mask requirements were compatible with the law.
In a December 3 interview, Interior Minister Darmanin said the country had deported 66 radicalized foreign Islamists since the end of September. The 66 were part of a list of 231 foreigners on the FSPRT (fichier des signalements pour la prevention de la radicalisation a caractere terroriste) – a list of individuals suspected of radicalization – under orders of deportation. Darmanin also traveled in early November to Morocco, Italy, Tunisia, Malta, and Algeria to meet counterparts and discuss means to reinforce cooperation to fight terrorism and the return of their suspected radicalized nationals. According to the Ministry of Interior, approximately 300 imams, or 70 percent of all imams in the country, were trained in foreign countries such as Turkey, Morocco, and Algeria.
The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Islamic sites and other places of worship. Following the October 29 terrorist attack at the Notre Dame Basilica in Nice, President Macron announced an increase, from 3,000 to 7,000 troops across the country, in domestic counterterrorism patrols under the Ministry of Defense’s Operation Sentinel. On October 30, Defense Minister Florence Parly told the Defense Council the deployment would focus on protecting schools and places of worship.
On September 25, following a terrorist attack in which two persons were wounded in a stabbing near the former headquarters of satirical newspaper Charlie Hebdo, Interior Minister Darmanin announced the kosher supermarket that was targeted by a coordinated attack after the Charlie Hebdo massacre in January 2015 “will now be permanently guarded.” Darmanin also announced he had ordered extra protection of Jewish sites for Yom Kippur. On September 27, Darmanin visited a synagogue in Boulogne-Billancourt, a western suburb of Paris. During the visit, he said, “Jews remain the target of Islamist attacks,” adding that the government had mobilized more than 7,000 police and soldiers to protect Jewish places of worship on Yom Kippur.
On December 16, the Special Criminal Court delivered its verdict on the terrorism trial related to the January 2015 terrorist attacks, finding all 14 defendants guilty of providing support to the three deceased terrorists who carried out the attacks against Charlie Hebdo, police in Montrouge, and a kosher supermarket. They received sentences ranging from four years to life in prison. The court dropped terror qualifications for six of the defendants, convicting them instead of providing material support without knowledge of the terrorist intent. Three of the defendants, including Hayat Boumeddiene (the wife of one of the shooters, Amedy Coulibaly) were tried in absentia. At least one defendant expressed his intent to appeal the court’s decision.
On October 29, following investigative work by the Ministries of Culture and Foreign Affairs and the Louvre and d’Orsay Museums, the government restituted to the heirs of Marguerite Stern seven paintings stolen by the Nazis in Paris during World War II.
At year’s end, the Paris Appeals Court had not issued a ruling in the case of Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four persons and injuring 40. In 2018, investigating magistrates dismissed the court case against Diab and ordered his release. Prosecutors appealed the case’s dismissal, and the Paris Appeals Court requested additional expert testimony before ruling. Upon his release, Diab returned to Canada, where he remained at year’s end.
On October 13, during a meeting with administrators of the guidelines in the country’s schools and colleges, Education Minister Jean-Michel Blanquer promised to support teachers, pupils, and parents who exposed breaches of the country’s law on secularism in schools, including wearing religious symbols. His comments came after the Ministry of Education reported 935 infringements of the secularism law between September 2019 and March 2020. Middle schools for 11- to 15-year-olds accounted for 45 percent of incidents, while primary schools accounted for 37 percent. More than 40 percent of violations were in the form of religiously motivated insults or other verbal aggression, while 15 percent involved the wearing of religious symbols, such as a crucifix, veil, or turban.
According to the Ministry of Justice, the penitentiary system employed Catholic, Protestant, Muslim, Jehovah’s Witness, Jewish, Orthodox Christian, and Buddhist chaplains. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.
The government continued to implement its 2018-20 national plan to combat racism and anti-Semitism, which had a strong focus on countering online hate content. The government said it would assess the results of the plan in 2021. On June 18, the Constitutional Council invalidated core provisions of a new law against online hate speech, adopted by parliament on May 13, that was part of the 2018-20 plan. The “Avia Law,” introduced at the direction of then-Prime Minister Philippe, required online platforms to remove, within 24 hours, material they determined to be hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Social media companies faced fines up to 1.25 million euros ($1.53 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.” Parliamentary committees were drafting replacement legislation at year’s end.
On June 10, the European Court of Human Rights ruled the country had violated Article 10 (freedom of expression) of the European Convention on Human Rights when it convicted a group of 12 pro-Palestinian activists for incitement to economic discrimination. The group had distributed leaflets calling for a boycott of Israeli products as part of the BDS movement in 2009 and 2010. While France’s highest court, the Court of Cassation, had upheld the conviction, the European court ruled the activists’ actions were forms of political expression, protected by the human rights convention. In a final judgment on September 11, the court ordered the government to pay a total of 101,000 euros ($124,000) in damages to the group. The government had three months to appeal the court’s decision or make the payment but did not do either. At year’s end, the fine remained unpaid.
On January 4, several thousand demonstrators gathered in Paris and a number of other cities to protest the December 2019 court ruling that deemed Kobili Traore “criminally not responsible” for Sarah Halimi’s killing in 2017 because he was under the influence of cannabis at the time of the attack. On January 23, during his visit to Israel, President Macron criticized the Paris Appeals Court ruling. In a January 27 statement, Chantal Arens, the senior judge of the Court of Cassation, and Prosecutor General Francois Molins responded to Macron, stating, “The independence of the justice system, of which the president of the Republic is the guarantor, is an essential factor in the functioning of a democracy.” At year’s end, Traore was held in a psychiatric hospital. The case was pending at the Court of Cassation.
On September 17, prosecutors opened an investigation into the song lyrics of Freeze Corleone, a rapper who was accused by several officials and organizations of promoting anti-Semitism. Paris prosecutor Remy Heitz said Corleone was being investigated for “inciting racial hatred” based on the content of his songs and videos posted online. Frederic Potier, the interministerial delegate (head) of DILCRAH, had earlier reported the rapper to the public prosecutor’s office after identifying what he characterized as nine illegal passages in his music. In his lyrics, Corleone declared that he “arrives determined like Adolf in the 1930s,” that he does not “give a damn about the Shoah,” and that “like Swiss bankers, it will be all for the family so my children can live like Jewish rentiers.”
On July 28, police arrested Alain Bonnet, also known as Alain Soral, on charges of incitement of hatred against Jews and actions that “endanger the fundamental interests of the Republic” after comments he made on his website, Equality and Reconciliation. At the end of September, the Paris Appeals Court sentenced Soral to pay 134,400 euros ($165,000) to the International League against Racism and Anti-Semitism (LICRA) as punishment for releasing Salvation Through The Jews, a work by Leon Bloy (died 1917) that the court found to be anti-Semitic. On October 6, the court sentenced Soral to a 5,400 euro ($6,600) fine for blaming Jews for the September 11, 2001 terrorist attacks in the United States. Soral was convicted four times in 2019, following previous violations for Holocaust denial, anti-Semitic insults, and publishing an anti-Semitic video.
The Paris prosecutor’s October 14 decision to prosecute a man for vandalism rather than anti-Semitism for spray-painting dozens of large red swastikas along Paris’s landmark Rue de Rivoli the weekend of October 10-11 sparked protests among members of the Jewish community. The prosecutor’s office stated there was no legal basis for charging the man with a crime aggravated by religious or racial hatred and that “the damage was committed without specifically targeting buildings identified as being linked to the Jewish community.” In a tweet, the Representative Council of Jewish Institutions in France (CRIF) expressed “total incomprehension,” asking, “How can you spray 20 swastikas without being prosecuted for anti-Semitism?” Dorothee Bissacia-Bernstein, the lawyer representing LICRA in the case, tweeted after the decision, “Major moment of indignation and anger yes. Stupefaction.” Leader of the far-left France Unbowed Party Jean-Luc Melenchon criticized the “lamentable” decision. The suspect, a man from the country of Georgia, remained in pretrial detention. His trial was rescheduled and remained pending at year’s end.
On January 27, on International Holocaust Remembrance Day and the 75th anniversary of the liberation of Auschwitz, Jean-Michel Blanquer, Minister of National Education and Youth, and Armin Laschet, German Plenipotentiary for Cultural Affairs under the Franco-German Cooperation Treaty, visited the Shoah Memorial in Paris. In public remarks, they stated the fight against racism and anti-Semitism was and would remain a priority of educational cooperation between the two countries.
On January 9, then-Interior Minister Castaner, then-Justice Minister Nicole Belloubet, and then-Junior Minister for the Interior Laurent Nunez attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where five years earlier a gunman had killed four Jews and held 15 other persons hostage.
On July 10, Interior Minister Darmanin attended the Shabbat service at the Great Synagogue of Paris. “The Jews of France had to suffer many unspeakable acts. Attacking the Jews of France, is attacking the Republic,” he said at the end of the visit.
On July 19, Secretary of State for the Armed Forces Genevieve Darrieussecq held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “There is no space for ambiguity, the Velodrome d’Hiver roundup is an issue belonging to France,” Darrieussecq said in her statements, adding, “Two dangers lie in wait for us and must constantly be fought: oblivion and hatred. It is because the Nation knows where it comes from, looks at its past without ambiguity, that it will be intractable in the face of racism, anti-Semitism, and discrimination.”
President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial; the March 19 commemoration of the eighth anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On April 26, as the country held private or virtual ceremonies (because of COVID-19 restrictions) for the thousands of persons deported to Nazi death camps during World War II, President Macron tweeted, “Seventy-five years on, we have not forgotten.” On the same day, Secretary of State for the Armed Forces Darrieussecq laid a wreath at the Shoah Memorial and the Memorial of the Martyrs of The Deportation in central Paris.
On July 26, Interior Minister Darmanin participated in a tribute for Father Jacques Hamel, the Catholic priest killed in an attack for which ISIS claimed responsibility at his church in Saint-Etienne-du-Rouvray in 2016. In his remarks, Darmanin said Father Hamel was “killed by the Islamist barbarism,” and “killing a priest is like trying to assassinate a part of the nation’s soul.”
On July 29, Interior Minister Darmanin visited Douaumont Cemetery at the Verdun battlefield to pay tribute to Muslim soldiers who died for the country during World War I. Speaking in front of the graves, he warned against “any deviation of the spirit … that evokes the purported incompatibility between the fact of [religious] belief and being a republican.” He added, “The [French] Republic does not prefer any religion, does not combat any religion.”
Due to the COVID-19 pandemic, the government postponed the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams whom it has regularly hosted to promote religious tolerance and combat violent extremism within Muslim communities.
The country is a member of the International Holocaust Remembrance Alliance.