A/HRC/43/43/Add.2
refused to provide a certificate of residency to homeless persons or residents of informal
settlements, thus excluding them from access to social support.50
B.
Refugees and migrants
67.
The Special Rapporteur is deeply concerned about the housing and living conditions
of refugees and migrants in the Hauts-de-France region near Calais, and in other informal
encampments such as in Porte de la Chapelle in Paris. She is not alone. Similar concerns have
been repeatedly raised by the Defender of Rights, the National Consultative Commission for
Human Rights, other special rapporteurs of the United Nations and non-governmental
organizations.51 The Special Rapporteur notes the particular challenges that authorities face
in responding to migrants who are in the region with the aim of securing passage to the United
Kingdom of Great Britain and Northern Ireland. Nonetheless, she wishes to underline that
the right to adequate housing and protection against forced evictions must be extended to all,
including migrants.
68.
The Government has employed several tactics that have led to a vicious cycle of
forced evictions, increased homelessness and short-term encampments in places such as
Calais and Porte de la Chapelle. Dismantling the large informal settlement near Calais in
October 2016 affected up to 8,000 migrants, who were forced to disperse into smaller
encampments where they were subject to eviction (sometimes every 48 hours). While the
Government is utilizing these tactics to deter the growth of informal settlements, they are
making already completely unacceptable living conditions even worse. Urgent State action
is required to bring the situation into conformity with international human rights norms.
69.
The Government acknowledged that the housing of refugees and asylum seekers
remained a priority in 2019 and the Special Rapporteur commends France for having doubled
the number of places of accommodation for asylum seekers and refugees, from 50,548 in
2014 to 107,183 in 2019.52 Despite this step forward, approximately 19,000 refugees remain
in emergency shelters.53 Currently, only half of all asylum seekers who request shelter will
receive it.54 An increasing number of asylum seekers are forced to live in hiding owing to
their immigration status, and often endure the most deplorable conditions without the hope
of access to housing or other social support.
70.
The Special Rapporteur learned that integrated reception and guidance centres
(“SIAO”), responsible for managing emergency accommodation, have been instructed to
share information with the French Office for Immigration and Integration. 55 This instruction
has the potential to drive migrants and refugees fearing deportation further into hiding.
Moreover, it does not comply with international guidelines that require effective and binding
data firewalls between social services on the one hand and immigration enforcement
authorities on the other (A/HRC/37/34/Add.1, principle 13, guideline 4). 56
71.
On 7 November 2019, after the Special Rapporteur’s visit, migrants were forcibly
evicted from an encampment in Porte de la Chapelle. Approximately 1,600 migrants were
transported in buses to various gymnasiums and emergency accommodation centres, in most
50
51
52
53
54
55
56
National Consultative Commission for Human Rights, “Avis relatif au suivi des recommandations du
Comité des Nations unies sur les droits économiques, sociaux et culturels adressées à la France”, 6
July 2017.
See Defender of Rights, Exilés et droits fondamentaux, trois ans après le rapport Calais
(Paris, 2018); and Human Rights Watch, “‘Like living in hell’: police abuses against child and adult
migrants in Calais”, 26 July 2017.
Statistics provided to the Special Rapporteur by the Ministry of the Interior.
Instruction No. INTV1904604J, dated 4 March 2019, of the Ministry of the Interior and the Ministry
for Territorial Cohesion.
National Consultative Commission for Human Rights, “Avis sur l’’instruction ministérielle relative à
la coopération entre les SIAO et l’’Office français de l’immigration et l’intégration”, 24 September
2019, p. 6.
Interministerial instruction No. DGCS/SD1A/DGEF/2019/143, dated 4 July 2019.
See also Defender of Rights, decision No. 2019-259, and National Consultative Commission for
Human Rights, “Avis sur l’instruction ministérielle relative à la coopération entre les SIAO et
l’Office français de l’immigration et l’intégration”.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents