A/HRC/8/47 Page 9 26. France informed that it will establish an institution to coordinate the various existing bodies dealing with human rights issues. 27. On racism and xenophobia, France reminded that racism is a severely punished crime in France.. Incitement to racial hatred is punished. Referring to the cartoon case, France underlined the need to reconcile a high level of anti-racism with a high degree of respect for the right to freedom of expression, which is not an easy task. France punishes severely, with prison sentences, all incitements to racial hatred, be they related to Islamophobia or anti-Semitism, but tolerates genuine criticism and derision not intended to incite racial hatred. France stressed that there was no law on the religious veil in France; the law addresses the issue of distinctive religious symbols in public places, and mentions open religious symbols of any religion. In accordance with France’s conception of laicism (laïcité), public places, including schools, should not be places of confrontation, where debates that exist at the domestic or international level would be reflected, but places where tolerance is taught. On terrorism and human rights, France has two imperatives to reconcile: ensuring the security of citizens and preserving, in the fight against terrorism, a very high level of respect for human rights. Those accused of terrorism have the same rights as any other person charged with criminal offences but specific procedural measures can apply, such as the period of custody, for example, which can be extended to six days, but only in the case of an imminent risk of a terrorist attack or if imperatively required by international cooperation. Since the adoption of the law, this has only applied in one case. 28. While expressing appreciation for the recent visit of the independent expert on minority issues, Austria stated that addressing certain specific needs of individuals belonging to minorities, as indentified by the independent expert during her visit, in particular in the field of employment, education and access to housing, would not be in contradiction to the traditional position of France concerning the recognition of the concept of minorities as regarding group rights. Austria recommended that the Government consider how best the specific needs of individuals belonging to minorities could be addressed in order to ensure their equal enjoyment of all human rights, as provided for in the Constitution. 29. Colombia stated that in order to be effective in the promotion and protection of human rights, it is important to have independent, objective and impartial mechanisms and effective monitoring of security forces. Colombia noted with particular interest France’s experience with the setting up of the Commission nationale de déontologie de la sécurité (CNDS) and the commission to monitor places of detention and custody facilities. Colombia requested more information on the establishment of these two commissions, the relationship between them and the result of their work to date. 30. Noting concerns expressed by CAT and the Human Rights Committee, as stated in paragraph 21 of the OHCHR compilation report, in view of the discretionary prosecution for alleged acts of torture or ill-treatment by police officers, Germany asked whether France shares the view of the Committee that this may result in virtual impunity and what measures France takes to ensure full compatibility with its obligations under article 12 of the International Covenant on Civil and Political Rights (ICCPR). Germany also referred to concerns voiced by several treaty bodies and the independent expert on minority issues regarding the French concept of minority rights and the related practice, and asked for more information on how France is addressing these concerns. 31. The Czech Republic asked what measures have been adopted to ensure effective implementation of article 3 of the Convention against Torture in cases of persons from countries considered safe countries of origin or countries with the alternative of internal asylum, and if the possibility of risk of torture in these cases is being assessed on a case-by-case basis. It

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