Migrants and fundamental rights

Dear Madam, Dear Sir,

The Defender of rights is a French independent constitutional body created by the Organic Law No. 2011-333 of the 29 of March 2011 and is primarily responsible for protecting the rights and freedom of public service users; the higher interests and rights of child; ensuring ethical behavior by those engaged in security in the territory of the Republic. Finally, he is responsible for the fight against discrimination and promoting equality.

Our institution has issued a report in October 2015 on “Migrants and fundamental rights: the situation in the territory of Calais” based on two visits conducted on the 16th and 17thof June and on the 20th of July in Calais.

The Defender of Rights is very much aware of the difficulties confronted by public authorities in France trying to address the issue of Migrants in Calais. Nevertheless, the duty of the Defender of Rights, emanating from the law, is to assess the facts in order to examine their compliance with the ambitious objectives that our country has set in the field of protection of fundamental rights. The present report highlights violation in the field of fundamentals rights regarding the migrants living in Calais.

Indeed, the situation in Calais shows the limits of an action limited on a national (if not local) approach focused on “immigration policing” when we face an unprecedented situation that calls for substantive answers founded in the respect of Fundamental rights.

The massive arrival of populations in Europe invites us to collectively rethink, at the level of Europe, the way we organize the movement of persons, the fight against trafficking, and the treatment of those that were constrained to leave their countries of origin.

The National and European context in this regard, is not favorable and electoral pressure paralyzes innovative approaches.

But again, it is the duty of the Defender of Rights, as it is for its counterparts all over Europe, to recall the lines that can’t be crossed, the ones that represent our fundamental values and the rights that belong to each individual for the only reason that he belongs to human community.

The Defender of Rights hopes that this report will contribute to feed-in the reflection of National and European authorities that are called to take action in this situation.

Best regards,

Jacques Toubon, Defender of Rights