THE HALDE must remain an independent administrative authority
AND SELF
The birth of HALDE is the result of a long political process, reflected and nourished by many experiences and struggles brought by unions and associations. There is thus almost 10 years, a group composed of both these organizations and experts was formed for the sole purpose of calling for the creation of an "independent administrative authority, purpose discrimination in general and universal, quick to effectively combat discriminatory practices. It was high time that France gets a real policy against discrimination. The establishment of an independent, autonomous, imposed in any event the Community law, is the highlight. With the law of 30 December 2004, finally appeared in our institutional landscape of the High Authority against Discrimination and for Equality (HALDE).
THE HALDE SHOWED ITS EFFECTIVENESS AND ITS LEGITIMACY IS RECOGNIZED
Those who were working to end discrimination and equal treatment, regardless sex, origin, age or health and disability ... welcomed this development, although some have expressed some doubts about the ability of the High Authority to act effectively, especially given the means and the limited powers granted to it. Yet, very quickly, HALDE will succeed in convincing and to show his determination in the fight against discriminatory treatment. Admittedly, he may be accused of not always treat the files fast enough, or not sufficiently support some of its deliberations. However, these criticisms are related to his means and powers HALDE and allowed France to take a significant milestone: discrimination become visible and widely shared sense that impunity prevails in this area tends to fade.
HALDE is also a team of professionals, experts in their field, relayed on the ground by local correspondents, as effective as that invested in their mission.
Discussions HALDE, high quality in terms of legal rigor, have enabled him to establish his legitimacy.
Who, if not HALDE has powerful reminder of the right employees, dismissed because of pregnancy, to compensation and / or reinstated? Which helped to end the inequality made to veterans and officials of the French state, became foreigners after decolonization, consisting of a pension to pay them much less than that attributed to French nationals? Who found discriminatory use of DNA testing to establish parentage in foreign families? Who made visible discrimination against Travellers, discrimination still enshrined in law and practice? Which showed discrimination related to disability and health status? The examples are not lacking to show that the HALDE has not hesitated to remind the law, including where the authority was discriminating state. Is not this in fact what it is today announcing its demise?
What first made the HALDE is his specialty, the fight against discrimination and for equality. She was able to feed on the experience gained by the unions and associations in charge of this or any such specific discriminations allowing these actors of civil society to strengthen their own efforts. This broad mission is closely linked to issues of visibility, access to rights and justice in particular, for categories of people who are often poor and little quick to seize the judge. HALDE assists victims of discrimination and may make submissions to the courts, as stated by the Court of Cassation.
INDEPENDENCE / COLLEGIALITY / LINKS WITH CIVIL SOCIETY
advantage of examining the organic law establishing a Defender of Rights, introduced by the new Article 77-1 of the Constitution, the Law Commission Senate introduced without consultation, the High Authority in the scope of competence of the new entity. This absorption is presented as a promotion of the fight against discrimination and to accede to constitutional status.
But several elements of this project are rather alarming. The Defender of Rights alone and decide arbitrarily whether to deal with discriminatory practices and to protect the rights, the draft makes no place effective collegiality. The College would be only advisory and the Advisory Committee itself, which brings the voice of civil society would be purely and simply removed ... While HALDE must watch all claims (constantly increasing), the Defender of Rights would only prioritize a particular subject.
Other provisions of the draft are also problematic: it is unclear who will practice and how, refer to the advocate; assistants will have a reduced capacity for initiative and if the powers of HALDE appear maintained, the conditions of its year are not guaranteed, the scope of intervention is reduced.
The risk is clearly a net shift of policy against discrimination. The future institution, the legislature is preparing to create under the name "Defender of Rights," can not continue the work of the HALDE
THE CONCERNS OF INTERNATIONAL FORUMS
The Committee on the Elimination of Racial Discrimination UN (CERD) August 27, 2010, made his comments following the report submitted by France. "He notes the draft law on the Defender of Rights, but he is concerned about the multiple functions of this new institution and is concerned that the mandate against discrimination including racial discrimination, currently vested in the HALDE no longer only one element of the mandate of Defender of Rights. Consistent with its recommendation on the national plan to fight against racial discrimination, the Committee while seeking greater coordination between the state mechanisms to address issues related to racial discrimination, recommends that a separate independent institution with a mandate to fight against discrimination, including racial discrimination. In this regard, the Committee emphasizes the important role of the High Authority in the fight against discrimination, including racial discrimination. "
For its part, the European Commission against Racism and Intolerance (ECRI), in its report adopted April 29, 2010, noted: "it is important to ensure that through the establishment of this new institution (Defender of Rights), the protection of the rights currently provided by existing authorities are not undermined, particularly concerning the fight against discrimination, being conducted by the High Authority, including racial discrimination, which requires a certain specialization. Given the key role that the High Authority against Discrimination and for Equality (HALDE) plays in the fight against racial discrimination, ECRI recommends that the French authorities continue to support this institution. It should pay particular attention to what this institution is regularly consulted and is developing effective cooperation with authorities in particular taking into account its views and recommendations in the areas of expertise that are hers. "
PROJECT WITHOUT REAL PROOF
Why should we lose the undeniable achievements of the HALDE acquired recognized by all, including beyond our borders for the benefit of an instance the "Defender rights "that combine several functions and have to know between 50,000 and 100,000 cases a year?
The main reason for entrusting the "advocate" missions HALDE be economic. A single institution would be cheaper than multiple instances (ie HALDE, the Ethics Committee of Safety, the Ombudsman and the Ombudsman for Children). Besides the economic argument that must sometimes give way to political choices, it is unclear whether the device is more economical (establishment of a new body, new advertising campaigns, personal resume ...). At least we do indeed want to reduce expenses significantly ...
HALDE must remain an independent authority. We urge the National Assembly to carefully consider the issues.
Those who once called for the establishment of an independent authority to fight against discrimination and all others who are convinced of the rightness of the cause, calling on parliamentarians to defend the autonomy of the HALDE and the independent exercise of its duties.
Members of the Advisory Committee of the HALDE:
Mouloud AOUNIT - Co-Chairman of MRAP
Arnaud de Broca Secretary-General FNATH, an association of victims of the life
BRUGIDOU Marie-Line - Union CFE - CGC
Carole DA SILVA - Founder of the AFIP
Debet Anne - Professor Law Creteil University ParisXII Former member of the CNIL
Dr. Lawrence EL GHOZI - President FNASAT-Travellers, Nathalie
FERRE - Teacher Researcher Université Paris XIII - Former President of GISTI
Sabrina GOLDMAN - Executive Delegate of the LICRA
Régis de DROPS - Magistrate Member of the CNCDH
Sabrina GOLDMAN - Executive Delegate of the LICRA
Khalid Hamdan - Director of the Institute Ethics Diversity
Marie-Therese LANQUETIN - Lawyer, Researcher University Paris Ouest Nanterre La Défense
Jacqueline LAUFER - sociologist, Professor Emeritus at HEC
Malinbaum Soumia - President of the French Association of Managers Diversity
MINE Michel - Professor of Labour Law at the CNAM
TEULE Catherine - Member of the Central Committee of the LDH - Vice-President of the European Association for the Defence of Human Rights;
Samuel Thomas - Vice President SOS Racisme - President of the National Federation of Houses of friends. Catherine
TRIPON - Spokesman of the other circle
http://www.petitionenligne.fr/petition/appel-des-membres-du-comite-consultatif-de-la-halde/278
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