prefects to restrict freedom of movement was
unconstitutional. However, in July Parliament
included the same measure in the law that
extended the state of emergency. Prefects
imposed 37 such measures between 16 July
and 30 October.
REFUGEES’ AND MIGRANTS’ RIGHTS
Between January and July, the prefectural
authorities of Alpes-Maritimes department
stopped 28,000 refugees and migrants who
had crossed the border from Italy. The
authorities sent 95% of them back to Italy,
including unaccompanied minors, without
providing them with the right to seek asylum
in France.
Between January and August, authorities
placed more than 1,600 Afghan nationals in
detention centres in view of returning them to
other European countries under the Dublin III
Regulation – a mechanism for allocating
responsibility for the examination of asylum
claims among EU member states − or to
Afghanistan. In the same period, according to
civil society organizations, authorities
returned about 300 Afghan nationals to other
EU countries and expelled at least 10 of them
to Afghanistan. Authorities returned 640
individuals to Afghanistan in 2016. All returns
to Afghanistan constituted a violation of the
principle of non-refoulement − the principle
according to which states are obliged not to
return any person to a country where they
would risk human rights violations − given
the volatile security and human rights
situation in Afghanistan.
In the aftermath of the eviction of the
informal settlement near Calais, known as
“The Jungle”, in November 2016, authorities
put in place punitive measures against the
hundreds of migrants and refugees who had
subsequently returned to Calais. They
enhanced police stop-and-search operations,
which raised concerns over ethnic profiling.
In March, municipal authorities prohibited
humanitarian organizations from distributing
meals to migrants and asylum-seekers in the
town. At the end of March, a court ruled that
the decision constituted an inhumane and
degrading treatment and suspended it.
Amnesty International Report 2017/18
Municipal authorities refused to fully comply
with the ruling and only allowed the
distribution of one meal a day. In June, the
Public Defender of Rights (Ombudsperson)
expressed concerns about the human rights
violations experienced by migrants and
asylum-seekers in Calais and called on
authorities to ensure the respect of their
social and economic rights, in particular
access to water and to adequate housing,
and to provide them with effective
opportunities to seek asylum in France.
Authorities continued to prosecute and
convict individuals who supported migrants
and refugees in entering or staying in France
irregularly, for example by providing food or
shelter. In August, an appeal court convicted
Cédric Herrou, a farmer living close to the
French-Italian border, and sentenced him to
a suspended sentence of four months’
imprisonment for helping migrants and
refugees to cross the border into France and
for sheltering them.
DISCRIMINATION
In January, a law extending the moratorium
on evictions of informal settlements during
winter entered into force. Authorities
continued to forcibly evict people from
informal settlements, many of them Roma
migrants. Civil society organizations reported
that authorities had evicted 2,689 individuals
in the first half of the year.
On 14 March, the Court of Justice of the EU
failed to uphold Muslim women’s rights to
non-discrimination by ruling that a private
French employer had not breached EU antidiscrimination law in dismissing a woman for
wearing a headscarf.
CORPORATE ACCOUNTABILITY
In March, a law imposing a “duty of
vigilance” on large companies entered into
force. The law required companies to
establish and implement a “vigilance plan” to
prevent serious human rights abuses and
environmental damage resulting directly or
indirectly from their own activities and those
of subsidiaries and other business partners.
Victims of human rights abuses resulting
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