as
a crime against humanity.Law Proposal The Slave Trade and Slavery, crime against Humanity : Presented by Mrs Christiane TAUBIRA-DELANNON
(deputy
for French Guiana)
Official
bulletin number 119 of May 23rd 2001, page 8175
Law number 2001-434 of May 21st 2001,
recognizing the slave trade
as a crime against humanity. (1)
NOR : JUSX9903435L
Law number 2001-434 of May 21st 2001,
recognizing the slave trade
as a crime against humanity. (1)
NOR : JUSX9903435L
The
French national assembly and the Senate carried the proposal,
The President of the French Republic promulgates the following law:
---Article
1---
The French Republic recognizes the slave trade across the Atlantic Ocean and the Indian Ocean, as well as Slavery, perpetrated from the 15th century in America, in the Caribbean, in the Indian Ocean and in Europe, against African, Amerindian, Madagascan and Indian people as a crime against humanity.
The President of the French Republic promulgates the following law:
---Article
1--- The French Republic recognizes the slave trade across the Atlantic Ocean and the Indian Ocean, as well as Slavery, perpetrated from the 15th century in America, in the Caribbean, in the Indian Ocean and in Europe, against African, Amerindian, Madagascan and Indian people as a crime against humanity.
---Article
2---School and research programmes about History and Human Science will give to the slave trade and Slavery all the importance they deserve. We will encourage and favour the cooperation that will permit to share written archives in Europe and oral sources and archaeological knowledge in Africa, America, the Caribbean, and all other territories which experienced Slavery.
---Article
3---A request will be instituted to the European Council, to international organizations, and to the United Nations Organization, in order to recognize the Slave Trade across Atlantic and Indian Oceans, as well as Slavery, as a crime against humanity. This request will also aim at a common date at the international level to commemorate the Abolition of the Slave Trade and Slavery, without being detrimental to the own commemorative dates of each overseas department.
---Article
4---The last paragraph of the only article of the law number 83-550 of June 30th 1983 relative to the commemoration of the Abolition of Slavery will be replaced by these paragraphs: "a decree sets up the commemorative date for each local authority previously named"
"In
metropolitan France, the yearly commemorative date of the Abolition of
Slavery will be set up by the Government
after the widest consulting. A committee of qualified personalities, including
members of associations that defend slaves' memory, will be instituted
and put in charge of proposing, on the whole national territory, places
and actions to assure that the crime will be kept in mind through the
generations. The line-up, the competences and the missions of the committee
will be specified by a decree of the French Council of State during the
six months following the publication of the law number 2001-434 of May
21st 2001, recognizing the Slave Trade and Slavery as a crime against
humanity."
---Article
5---In the article 48-1 of the law of July 29th 1881 about the liberty of the press, we add to the words "by its statutes" this sentence: "to defend slaves' memory and the honour of their descendants"
This law will be executed as a State Law.
By the President of the Republic,
Jacques Chirac
The Prime Minister,
Lionel Jospin
Marylise Lebranchu
The Minister of the Interior,
Daniel Vaillant
The Minister of Education,
Jack Lang
The Minister of Foreign Affairs,
The Minister for Arts,
Catherine Tasca
The Minister for Research,
Roger-Gérard Schwartzenberg
The Minister of State for European Affairs,
Pierre Moscovici
Christian Paul
(1) Preliminary documents : Law no 2001-434.
National Assembly :
Law proposals number 792, 1050, 1297 and 1302 ;
Discussion and passing on february 18th 1999.
Senate :
Law proposal, passed by the National Assembly, number 234 (1998-1999) ;
Report of Mr Jean-Pierre Schosteck, in the name of the law commission, number 262 (1999-2000) ;
Discussion and passing on March 23rd 2000.
Law proposal, modified by the Senate, number 2277 ;
Report of Mrs Christiane Taubira-Delannon, in the name of the law commission, number 2320 ;
Discussion and passing on April 06th 2000.
Senate :
Report of Mr Jean-Pierre Schosteck, in the name of the law commission, number 165 (2000-2001) ;
Discussion and passing on May 10th 2001.
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Law Proposal The Slave Trade and Slavery, crime against Humanity
| Presented by Mrs Christiane TAUBIRA-DELANNON (deputy for French Guiana) |  |
EXAMINATION OF THE ARTICLES.
Article 1
The
slave trade and Slavery recognized
as a crime against humanity.
This
article considers as a crime against humanity the transatlantic slave
trade and Slavery, perpetrated since the 15th century by European powers
against African people deported to Europe, America and the Indian Ocean.
- Definition of the crimes against humanity
Originally, the expression of "crime against humanity" appeared in order to find a generic term to group together
- Definition of the crimes against humanity
Originally, the expression of "crime against humanity" appeared in order to find a generic term to group together
under
an only juridical label the monstrous acts of the nazis which could not
be only considered as crimes of war or as violations of the international
laws..
The French government proposed the terms "politics of atrocity and persecution against civil populations", but the Conference of London preferred the expression "crime against humanity" proposed by the judge Jackson for the United States.
The French government proposed the terms "politics of atrocity and persecution against civil populations", but the Conference of London preferred the expression "crime against humanity" proposed by the judge Jackson for the United States.
The
article 6 c) of the statute of the international military tribunal of
Nuremberg annex to the agreement of London of August 8th 1945 defines
the "crimes against humanity" as:
""The killing, the extermination, the reduction to slavery, the deportation, and every other inhuman act which affected civil populations before or during the war or persecutions for political, racial, or religious reasons, when these acts were committed after every crime that is within the competence of this court, or linked with this crime, although this crime do not constitutes a violation of the internal law of the country where the crime was
""The killing, the extermination, the reduction to slavery, the deportation, and every other inhuman act which affected civil populations before or during the war or persecutions for political, racial, or religious reasons, when these acts were committed after every crime that is within the competence of this court, or linked with this crime, although this crime do not constitutes a violation of the internal law of the country where the crime was
perpetrated."
The international community tried to widen that restrictive definition of crime against humanity because it was directly linked to the Second World War, but unsuccessfully. In this way, we have seen that the convention dealing with the repression of the crime of apartheid was not signed up by most of the western countries, although the article one declares the apartheid as a crime against humanity. On the other hand, the crime of genocide, which is a particular category of crime against humanity, is consensually defined in the agreement for
The international community tried to widen that restrictive definition of crime against humanity because it was directly linked to the Second World War, but unsuccessfully. In this way, we have seen that the convention dealing with the repression of the crime of apartheid was not signed up by most of the western countries, although the article one declares the apartheid as a crime against humanity. On the other hand, the crime of genocide, which is a particular category of crime against humanity, is consensually defined in the agreement for
the
prevention and the repression of the crime of genocide of December 9th
1948.
With the new code which came into effect in 1994, France has given a wider definition of the crime against humanity..
The penal code for crimes and offences towards people begin with a first title relative to the crimes against humanity.
With the new code which came into effect in 1994, France has given a wider definition of the crime against humanity..
The penal code for crimes and offences towards people begin with a first title relative to the crimes against humanity.
The
genocide has a particular place (article 211-1), and it is defined as
a committing of several acts (voluntary attack to life, submission to
hard living conditions in order to cause the destruction of the group…
) to carry out a concerted project aiming at the destruction of a group.
The article 212-1 defines the other crimes against humanity as “the deportation, the reduction to slavery or the massive and systematic summary executions, kidnapping and disappearing, torture and inhuman acts, for political, philosophical, racial or religious reasons, and which are organised around a concerted project against
The article 212-1 defines the other crimes against humanity as “the deportation, the reduction to slavery or the massive and systematic summary executions, kidnapping and disappearing, torture and inhuman acts, for political, philosophical, racial or religious reasons, and which are organised around a concerted project against
a
group of civil people”.
The French Republic recognised the transatlantic slave trade and Slavery as a crime against humanity, proposed in the article one, in order to follow that new definition which seems more complete that the definition of the statutes of the International Tribunal of Nuremberg.
This awful commerce of men which was put into practice during centuries is a perfect example of the
The French Republic recognised the transatlantic slave trade and Slavery as a crime against humanity, proposed in the article one, in order to follow that new definition which seems more complete that the definition of the statutes of the International Tribunal of Nuremberg.
This awful commerce of men which was put into practice during centuries is a perfect example of the
conception of crime against humanity of president Pierre Truche, who considered
that “ the crime against humanity is the negotiation of humanity
between members of a group of men to apply a doctrine. It is not a crime
between two men, but the execution of a concerted project to strike off
some men of the men’s community”.
Moreover, we must remind that this French recognition only anticipates the future debate of the United Nations when the resolution project of the commission for Human Rights will be examined, in order to recognise the
Moreover, we must remind that this French recognition only anticipates the future debate of the United Nations when the resolution project of the commission for Human Rights will be examined, in order to recognise the
transatlantic
slave trade and Slavery as a crime against humanity.
- Acts aimed by the term of crime against humanity
The term of crime against humanity defines very precisely the place and the time of the crime. The article one aims at the transatlantic slave trade and Slavery perpetrated since the 15th century by European powers
- Acts aimed by the term of crime against humanity
The term of crime against humanity defines very precisely the place and the time of the crime. The article one aims at the transatlantic slave trade and Slavery perpetrated since the 15th century by European powers
towards
African populations deported to Europe, America, and the Indian Ocean.
The proposal n° 1302 is more restrictive and wider in the same time: It considers that the trade begun during the 16th century, but that it affected African populations as well as Indian and Magalanese populations.
The slave trade begun at the end of the 15th century, with the discovering of the New World and the settlement of the first colonists. On the other hand, it is real that if Indian populations were relatively not very affected by
The proposal n° 1302 is more restrictive and wider in the same time: It considers that the trade begun during the 16th century, but that it affected African populations as well as Indian and Magalanese populations.
The slave trade begun at the end of the 15th century, with the discovering of the New World and the settlement of the first colonists. On the other hand, it is real that if Indian populations were relatively not very affected by
this
phenomenon, an important trade was set up in Madagascar, and most of Magalanese
people were brought to the French island of Reunion.
Besides, since 1948, that is to say after the official Abolition of Slavery, these populations became the breeding ground of “volunteers”, for instance people who freely signed up an engaging contract, for a length comprised between one and five years, to go working in the colonies in order to replace the free workforce which had just disappeared.
Besides, since 1948, that is to say after the official Abolition of Slavery, these populations became the breeding ground of “volunteers”, for instance people who freely signed up an engaging contract, for a length comprised between one and five years, to go working in the colonies in order to replace the free workforce which had just disappeared.
Detween 1849 and 1859, most of people recruited were African and Magalanese people: Since 1859, Indians were principally concerned. Reunion was the main destination of this new workforce: According to official statistics, this island welcomed almost 118,000 Indian people, mainly coming from French trading posts.
If a part of these workers came back to India at the end of their contract, most of them settled in French colonies, mainly in the island of Reunion.
Considering the overexploiting conditions inflicted on these “volunteers”, the methods of recruitment and work heavily compelled these servile workers.
The commission adopted an amendment of the reporter which deletes the referring to European powers. Mr
Claude Hoarau wished to make mention in the article one of the deportation of Indian and Magalanese populations.
After having considered that it was not necessary to mention the nations
involved in the slave trade, Mr Louis Mermaz underlined that the matter
of Indian slavery was very different from the slave trade matter.
Reminding the trading post of Zanzibar, Mr Claude Goasguen mentioned the Arab trade dimension. Although he was favourable to the article one, Mr Richard Cazenave decided not to pass the other articles of the proposal, reminding that the text about the Armenian genocide contained only one article.
After the new draft, the commission passed the article one.
Reminding the trading post of Zanzibar, Mr Claude Goasguen mentioned the Arab trade dimension. Although he was favourable to the article one, Mr Richard Cazenave decided not to pass the other articles of the proposal, reminding that the text about the Armenian genocide contained only one article.
After the new draft, the commission passed the article one.
Article 2
Development
of education and research
about the slave trade and Slavery
If
we except the events organised for the 150th birthday of the Abolition,
the slave trade and Slavery are not taught at school and there are not
enough scientific publications dealing with this subject.
In order to apply the law of June 30th 1983 relative to the commemoration of the Abolition of Slavery in French overseas departments and in the territorial community of Mayotte, the article two of the decree of November 23rd 1983 establishes that every year, on April 27th, an hour will be dedicated to a debate about the Abolition of Slavery in every primary, middle, and secondary school.
In order to apply the law of June 30th 1983 relative to the commemoration of the Abolition of Slavery in French overseas departments and in the territorial community of Mayotte, the article two of the decree of November 23rd 1983 establishes that every year, on April 27th, an hour will be dedicated to a debate about the Abolition of Slavery in every primary, middle, and secondary school.
This “hour of reflection” seems to be short to study an historical period which was several centuries long, and which affected million men, with economic and social consequences which are still hard to weigh up.
According to Serge Mam Lam Fouck in his book called “L’Esclavage en Guyane” ( Slavery in French Guyana ), “Someone who lives in French Guyana can have a normal schooling until the upper sixth form, without being taught significantly of his social environment, and without studying Slavery in French Guyana at school.”
In order to remedy to the lack of education concerning this matter, the article two establishes that text books and research programmes in History will have to dedicate to the slave trade and Slavery the importance they deserve.
I also wish to favour the cooperation in order to share written archives in Europe, and oral sources and archaeological knowledge in Africa, America, the Caribbean, and every other territory which experienced
Slavery.
Someone will point out that these measures are not in the field of the lawyer. In other circumstances, lawyers have already passed regulations. In this case, the importance of the subject and its close links with the philosophy that underlies the article one justify their inscription in a law.
The author of this law pointed out to Mr Bernard Birsinger that the term of “Deportation” was already in the
Someone will point out that these measures are not in the field of the lawyer. In other circumstances, lawyers have already passed regulations. In this case, the importance of the subject and its close links with the philosophy that underlies the article one justify their inscription in a law.
The author of this law pointed out to Mr Bernard Birsinger that the term of “Deportation” was already in the
article
one. That’s why the commission passed an editorial amendment of
the reporter which precisely remove a new reference to slave deportation
from this article.
Afterwards, a debate began about the amendment of Mr André Gerin which specifies that text books and research programmes will have to bring to light the role of France in the Slavery system.
Mr Louis Mermaz pointed out that all European countries had been involved in the slave trade, and that France had begun in that business later than Spain, Portugal or England.
Afterwards, a debate began about the amendment of Mr André Gerin which specifies that text books and research programmes will have to bring to light the role of France in the Slavery system.
Mr Louis Mermaz pointed out that all European countries had been involved in the slave trade, and that France had begun in that business later than Spain, Portugal or England.
Mr Jean-Luc Warsmann was opposed to this amendment.
According to him, we must not rewrite History through a law, despite the fact that it is scandalous that Slaves history is not found in text books. Mr Robert Pandraud judged that we must not distort History, and that the France of the slavery period is not the same as today. After a question of Mr Jean-Luc Warsmann, the reporter replied that she was ready to remove the article two from the law proposal if the government clearly committed itself about the place given to Slavery in education. Therefore, the commission rejected the amendment of Mr
After the new draft, the commission passed the Article two.
Article 3 and 4
International
recognition of the slave trade
and Slavery as a crime against humanity,
and institution of a memorial day.
The
article 3 aims at introducing a request of recognition of the
transatlantic slave trade and Slavery as a crime against humanity, to
the European Union, international organisations and the United Nations
Organisation.
Indeed, if the commission for Human Rights of the UNO has already adopted a resolution project which declares Slavery and the slave trade as a crime against humanity, this project is not already on the agenda of the general meeting of that organisation. Moreover, Europe never gave its opinion about this matter.
Indeed, if the commission for Human Rights of the UNO has already adopted a resolution project which declares Slavery and the slave trade as a crime against humanity, this project is not already on the agenda of the general meeting of that organisation. Moreover, Europe never gave its opinion about this matter.
For these reasons, France has a particular role to act in that international recognition, as it is proposed in the article 3, because of its slave trade history, and of its reputation of “country of the Human Rights”.
The commission passed the article 3 in the text of the proposal n° 1297.
The article 4 takes the same direction, since it fixes a memorial day for Slavery and urges the French
government
to make the whole international community adopt this date.
February 8th was proposed, referring to February 8th 1815, when the Congress of Vienna condemned the transatlantic slave trade, considered as “repelling to the universal principles of humanity and ethics”. Indeed, it is the first international condemnation of the slave trade system.
All the same, it seems delicate to choose a date acceptable by the whole international community. If we refer
February 8th was proposed, referring to February 8th 1815, when the Congress of Vienna condemned the transatlantic slave trade, considered as “repelling to the universal principles of humanity and ethics”. Indeed, it is the first international condemnation of the slave trade system.
All the same, it seems delicate to choose a date acceptable by the whole international community. If we refer
to
French overseas departments, the choice of a memorial day for the Abolition
of Slavery was already very difficult.
Indeed, this memorial day is different for each community concerned, in order to adapt to the specificities of their own history: Guadeloupe commemorates this event on May 27th, French Guyana on June 10th, Martinique on May 22nd, Reunion on December 20th, and Mayotte on April 27th.
Indeed, this memorial day is different for each community concerned, in order to adapt to the specificities of their own history: Guadeloupe commemorates this event on May 27th, French Guyana on June 10th, Martinique on May 22nd, Reunion on December 20th, and Mayotte on April 27th.
Besides,
the proposal n° 792 only sets out the principle of a yearly memorial
in metropolitan France, without suggesting a precise date.
That’s why it seems better to let the international community fix this date in a consensual way.
In a resolution of November 12th 1997, the UNESCO declared that the 23rd of August would be the “international memorial day for the slave trade and its abolition", inviting "the member states to give a massive
That’s why it seems better to let the international community fix this date in a consensual way.
In a resolution of November 12th 1997, the UNESCO declared that the 23rd of August would be the “international memorial day for the slave trade and its abolition", inviting "the member states to give a massive
scale to this day and to mobilise all the educative, scientific, artistic
and cultural communities, young people, and more generally the whole civil
society.” (resolution 29C/40).
The first memorial day, last 23rd of August, had not a great impact in France, as well as in other European countries such as England or Spain, which were also very concerned. This date should commemorate the night between the 22nd and 23rd of August 1791 during which the revolt began in the island of Santo-Domingo, and which acted a determining role in the Abolition of the slave trade and the independence of Haiti. Because this
The first memorial day, last 23rd of August, had not a great impact in France, as well as in other European countries such as England or Spain, which were also very concerned. This date should commemorate the night between the 22nd and 23rd of August 1791 during which the revolt began in the island of Santo-Domingo, and which acted a determining role in the Abolition of the slave trade and the independence of Haiti. Because this
day is in the heart of school holidays, it brings some difficulties.
That’s why it seems better to keep on thinking about this matter, in order to find a symbolic day which would be accepted by the whole international community and which could permit important memorial events.
The commission passed an amendment of the reporter which plans that France will submit the recognition of Slavery as a crime against humanity to the European Council, and not to the European Union.
That’s why it seems better to keep on thinking about this matter, in order to find a symbolic day which would be accepted by the whole international community and which could permit important memorial events.
The commission passed an amendment of the reporter which plans that France will submit the recognition of Slavery as a crime against humanity to the European Council, and not to the European Union.
The commission started to debate on an amendment of the reporter which specifies that the request of recognition will also aim at the research of a common date to commemorate the Abolition of the slave trade and Slavery.
Mr Bernard Birsinger thought it would be better to fix a national memorial day first, following the article 4 of the amendment of Mr André Gerin. Mr Louis Mermaz insisted on the fact that the objective of the reporter’s amendment was different, since it aimed at a common international day. He added that this international
commemoration could have an educational effect on the countries which
still accept Slavery today.
The reporter pointed out that on every 27th of April, an hour had to be dedicated to a debate on Slavery in every school. She also reminded that the UNESCO proposed the 23rd of August for the international memorial day, what will surely bring some difficulties. Nevertheless, she admitted that a national memorial day would be useful, and she proposed to examine that possibility during the meeting of the commission about the article 88 of the regulation.
The reporter pointed out that on every 27th of April, an hour had to be dedicated to a debate on Slavery in every school. She also reminded that the UNESCO proposed the 23rd of August for the international memorial day, what will surely bring some difficulties. Nevertheless, she admitted that a national memorial day would be useful, and she proposed to examine that possibility during the meeting of the commission about the article 88 of the regulation.
The
commission passed her amendment.
Afterwards, the commission passed an amendment of the reporter which deleted the article 4. Therefore, the amendment of Mr André Gerin which proposed a new drafting of the article four in order to plan the fixing of a national memorial day of the Abolition of Slavery became useless.
Afterwards, the commission passed an amendment of the reporter which deleted the article 4. Therefore, the amendment of Mr André Gerin which proposed a new drafting of the article four in order to plan the fixing of a national memorial day of the Abolition of Slavery became useless.
Article 5
Moral
compensation for Slavery
In
addition to a modification of education and research programmes and the
institution of a common date of memorial, France recognition of its slave
trade's past must pass by the building of "memorial places"
to allow
current
descendants of the slave trade victims to accept their past and to build
a better future.
Some selective steps have already been taken: Yet, the city of La Rochelle opened a museum dedicated to the New World; Nantes, the French capital of the slave trade, built a memorial monument for Slavery victims, but, unfortunately, it is often damaged by vandalism. Africa and the West Indies also take part in this collective memorial initiative through the project "the slave's route" led by the UNESCO. Moreover, lots of slave sites of the coasts of Africa became memorial monuments: "the house of slaves" in the island of Gorée, and then the
Some selective steps have already been taken: Yet, the city of La Rochelle opened a museum dedicated to the New World; Nantes, the French capital of the slave trade, built a memorial monument for Slavery victims, but, unfortunately, it is often damaged by vandalism. Africa and the West Indies also take part in this collective memorial initiative through the project "the slave's route" led by the UNESCO. Moreover, lots of slave sites of the coasts of Africa became memorial monuments: "the house of slaves" in the island of Gorée, and then the
creations in Ouidah, one of the biggest trading posts of the slave trade.
In this sense, the article 5 plans the institution of a committee of qualified personalities in charge of determining the harm suffered, and of examining the compensation conditions of the crime of Slavery. It does not mean financial indemnities, but the continuation and the expansion of the development of memorial sites, to allow slaves' descendants to accept their past more serenely.
In this sense, the article 5 plans the institution of a committee of qualified personalities in charge of determining the harm suffered, and of examining the compensation conditions of the crime of Slavery. It does not mean financial indemnities, but the continuation and the expansion of the development of memorial sites, to allow slaves' descendants to accept their past more serenely.
That's
why the reporter proposed an amendment which make clear that the role
of the committee of qualified personalities is to propose memorial places
and actions in order to assure Slavery's memory through generations. The
commission passed this amendment.
The proposal n°1050 perfectly follows this quest of memorial sites, as it asks for the creation of a Slavery memorial realised by artists from overseas, Africa, and metropolitan France, in order to symbolize the countries concerned by this History, and which plans the creation of a museum of Slavery.
The proposal n°1050 perfectly follows this quest of memorial sites, as it asks for the creation of a Slavery memorial realised by artists from overseas, Africa, and metropolitan France, in order to symbolize the countries concerned by this History, and which plans the creation of a museum of Slavery.
Mr André Gerin proposed an amendment which plans that representatives of associations which act for Slavery's memory must be included in the committee of qualified personalities. Mr J.L.Warsmann considered that it was sufficient to ask the committee's composition to the government, considering that the committee as well as its composition came under power to make regulations. Mr Louis Mermaz insisted on the fact that the government would nominate representatives of associations in this committee, although no dispositions are
taken in this way. Mr Claude Hoarau and Mr Bernard Birsinger insisted
on the importance of the representation of associations in this committee.
The reporter proposed to change this proposition in an amendment to the
text adopted by the commission. So the amendment was removed.
After the new draft, the commission passed the article 5.
After the new draft, the commission passed the article 5.
Articles 6 and 7
(art. 24 ter et 48-2-1 [nouveaux] de la loi du 29 juillet 1881 sur la liberté de la presse)
Creation
of a new offence in case of contestation of the crime of Slavery. Possibility
for the associations who act for slaves' memory to associate in a court
action with the public prospector.
Because it seemed that some revisionist remarks were not criminally punished, the Parliament passed a law proposal in July 1990, proposed by Mr Jean-Claude Gayssot, which settled a new offence: the negation of the Shoah as a crime against humanity.
Indeed, the article 24 bis of the law proposal of July 29th 1881 relative to the liberty of the press sentences to
a year in prison and a fine of 300,000 francs anyone who contests the
existence of crimes against humanity defined by the article 6 of the statute
of the international military tribunal annexed to the agreement of London
of August 8th 1945, and which were committed by members of an organisation
considered criminal by the article 9 of this statute, or by a person declared
guilty of this crime by a French or international court.
Moreover, the article 48-2 of the same law allows any association declared for 5 years at least when the crime was done and which statutes plans the defence of the honour of the Resistance and of deported people, to
Moreover, the article 48-2 of the same law allows any association declared for 5 years at least when the crime was done and which statutes plans the defence of the honour of the Resistance and of deported people, to
apply
its rights for the apology of crimes of war, of crimes against humanity,
of crimes of collaboration, or in case of revisionism.
The articles 6 and 7 of the law proposal plan to widen these dispositions to the slave trade as a crime against humanity.
The article 6 insert an article 24 ter in the law of 1881 which sentences to a year in prison and a fine of
The articles 6 and 7 of the law proposal plan to widen these dispositions to the slave trade as a crime against humanity.
The article 6 insert an article 24 ter in the law of 1881 which sentences to a year in prison and a fine of
300,000
francs anybody who contest the existence of the transatlantic slave trade
and Slavery. The article 7 allows the associations which defends moral
interests, slaves' memory and the honour of their descendants to apply
its rights as a private party associated with the public prosecutor in
case of a contesting about the existence of this crime.
A juridical examination of the dispositions of the law "Gayssot" shows that their extension is not possible for several reasons.
A juridical examination of the dispositions of the law "Gayssot" shows that their extension is not possible for several reasons.
Because the stakes are different, and because every direct protagonists died, the negation of Slavery's atrocities did not reach the same extent as Nazi's revisionism. In that case, in order to adapt the law to the real risks and to allow freedom of expression to scientists and historians during the debates about this relatively unknown period, the extension of the law "Gayssot" does not seem to be the best option.
The articles 24, 32 and 33 of the law of July 29th 1881, which condemned the incitement to discrimination, racial hatred, slander and insults, already allow to punish most of the remarks which throw back into question Slavery's reality.
Furthermore, the purview proposed for the article 24 ter will surely imply constitutional problems. Indeed, to avoid these remarks, the law "Gayssot" pointed out that a revisionism offence was only condemnable if the
crime
contested had been committed by a criminal organisation or by a person
made guilty of that crime by a court.
Thus, the article 24 ter cannot refer to any court and is only based on the definition of crime of Slavery in the article one of the law proposal. So it could be opposed to the freedom of expression assured by the article 10 of the "Declaration des Droits de l'Homme et du Citoyen" (declaration of Human Rights) and by the European Convention of Human Rights.
Thus, the article 24 ter cannot refer to any court and is only based on the definition of crime of Slavery in the article one of the law proposal. So it could be opposed to the freedom of expression assured by the article 10 of the "Declaration des Droits de l'Homme et du Citoyen" (declaration of Human Rights) and by the European Convention of Human Rights.
However it could be useful to allow associations who defend slaves' memory to take part , as private parties associated with public prosecutor, in trials condemning incitement to discrimination, racial hatred, slander and insults which throw back into question Slavery's atrocities.
So, the commission passed an amendment of the reporter which proposed a new draft of the article 6 in order to allow associations which defend slaves' memory to be made private parties in association with public
prosecutor
in case of incitement to discrimination and racial hatreds, slender and
insults, as well as another amendment of the reporter which removes the
article 7.
After the article 7
After the article 7
The
commission rejected an amendment of Mr André Gerin which planned
the creation of a memorial and a museum of Slavery, because the reporter
showed that the article 5 already planned these dispositions.
After the new draft, the commission passed the text of the law proposal. Consequently, the commission of constitutional laws, of legislation, and of general administration of the Republic asks for the passing of the following law proposal.
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After the new draft, the commission passed the text of the law proposal. Consequently, the commission of constitutional laws, of legislation, and of general administration of the Republic asks for the passing of the following law proposal.
back to the top