The European Commission against Racism and Intolerance (ECRI) Laments France’s Inaction on Tracking Identity Checks
The European Commission against Racism and Intolerance (ECRI) has expressed regret over France’s failure to implement an effective system for tracking identity checks conducted by law enforcement. In a statement released on February 19th, 2023, the ECRI reiterated its recommendation made to French authorities in 2023 to introduce such a system as part of a broader policy to "strengthen mutual trust between law enforcement and the public" and combat discrimination.
The ECRI, an independent human rights body established by the Council of Europe, has long advocated against racism, racial discrimination, xenophobia, antisemitism, and intolerance, drawing upon the principles enshrined in the European Convention on Human Rights.
In its most recent statement, the ECRI acknowledged France’s efforts to ensure non-discriminatory identity checks, such as requiring officers to wear identification numbers and using body cameras during "identity checks likely to generate tensions." However, the organization expressed disappointment that French authorities had yet to establish an effective system for recording all identity checks carried out by law enforcement.
The ECRI emphasized that such a system is essential to safeguard the rights of individuals who believe they have been subjected to discriminatory checks, enabling them to seek effective remedies and hold law enforcement accountable.
NGOs Seek UN Intervention
The ECRI’s statement comes amid growing concern from civil society organizations regarding France’s handling of racial profiling. In April 2023, five French and international NGOs filed a complaint with the United Nations (UN), denouncing the country’s "inaction" in addressing the issue of identity checks based on perceived racial or ethnic characteristics.
The Conseil d’Etat, France’s highest administrative court, acknowledged in October 2023 that such checks "existed" and were not merely isolated incidents, but refrained from labeling the practice as "systemic." The court also declined to compel the state to implement comprehensive reforms to its "public policy" in this area.
NGOs had hoped that the Conseil d’Etat would order the authorities to adopt a range of measures, including issuing receipts after each check and modifying the Code of Criminal Procedure.
Historical Context and International Condemnation
In 2017, the French Defender of Rights concluded that a young man "perceived as black or Arab" was twenty times more likely to be stopped and checked by the police than the general population. The French state has been repeatedly condemned in recent years for its handling of racial profiling.
Conclusion
The ECRI’s latest statement is a reminder of the importance of addressing racial profiling and ensuring that law enforcement practices are conducted in a fair and non-discriminatory manner. The organization’s call for an effective system for tracking identity checks is a crucial step towards restoring trust between the police and the communities they serve. As France faces continued international scrutiny over its record on racial profiling, it is imperative that the government takes concrete and effective action to address this systemic issue.
