François
Hollande
President of the French Republic
Speech made to the Assembly
Tuesday, 11 October 2016

Mr President, Secretary General, ladies and gentlemen, honourable members of parliament, your excellencies, ambassadors, my presence here today is designed to reiterate France’s profound commitment to your institution, the Council of Europe, here in Strasbourg, a capital of Europe. However, I am fully aware that the particularly grave circumstances in which we find ourselves add specific overtones to my visit.
The values promoted by the Council of Europe should be a constant source of inspiration to us. François Mitterrand, who attended the Hague Congress in 1948, always reminded us that what Europe is really about is safeguarding hard-won freedoms and extending them to all. This has been the work of the Council of Europe over the years since. The Council of Europe now brings together 47 countries and 820 million citizens. All its member states have solemnly committed to ensuring that human beings are at the very heart of their legal systems. The Council of Europe is the depository for 211 conventions, of which France has ratified 135. At the very pinnacle of this construction is the Convention for the Protection of Human Rights and Fundamental Freedoms in Europe. France has always endeavoured to respect all the principles set out in that convention.
I would like to take this opportunity to commend you for your constant efforts to promote freedoms further, not only by pushing back the borders of Europe as you have done but by extending the scope for protection of freedoms at the same time. In that way, you have extended your remit to ethical questions, such as banning human cloning. You have also worked on the issue of human trafficking. You have fought hard against gender violence and worked tirelessly to protect personal data, as part of our right to privacy.
“France stands alongside the Council of Europe and I am confident that the Council of Europe stands alongside France in all efforts to promote peace, freedom and democracy”
Over and beyond those principles, however, we need binding mechanisms to ensure that we achieve compliance. That is the primary task of the European Court of Human Rights, whose president I have just met. I stress that France will carry out its duty when it comes to respecting the rulings of the Court. France has supported all reforms designed to improve the way in which the Court operates. In particular, I refer to the most recent protocols, namely Protocols 14 and 15, which France ratified. We are also preparing definitive adoption of the 16th Protocol. Our support for the Court is also designed to ensure that we achieve full implementation of those decisions. That is why we have adopted a law to ensure that we simplify procedures for delivering on criminal condemnations of France by the Court. That will also apply to the field of civil law. Decisions pertaining to individual civil status will be subject to re-examination every time a Court decision condemns France. That will apply, for example, to sex changes and changes to people’s civil status.
Every time the Court has adopted a decision, France has always ensured that our legislation is changed. In 2013, we introduced a specific offence regarding human trafficking. In 2014, our rules regarding pre-trial detention were subject to root-and-branch reform, so as to guarantee better rights for the defence during investigation. More recently, we have instigated the right to professional representation for members of the armed forces. Not only have we recognised that right; we have actually delivered on it.
I am also fully aware of France’s duty when it comes to the state of our prisons. We are fully aware of the implications of prison overcrowding and the need to move towards individual cells. The government recently announced a plan, with funding of more than €1 billion, for building new prisons. However, our prison policy involves a second problem, namely that of alternatives to imprisonment.
Those are just a few reasons why I believe so strongly in the role of the Council of Europe. You have done so much to promote the rule of law and to ensure that we all live up to the promises we have made. I pay tribute to the work of the Commissioner for Human Rights and the Venice Commission, both of which have played such an important role since 1990 in the transition in central and eastern Europe, in particular in the Balkans and today in Ukraine.
I also salute the work of the Council of Europe Development Bank. It is not sufficiently known, but it funds eminently social projects in 41 member States. Recently the Bank set up a specific fund designed to promote support for refugees and migrants. France feels honoured to be one of the three main shareholders of the institution.
Over almost 70 years, the Council of Europe has done an enormous amount to build a continent of peace, co-operation and freedom without precedent or equal elsewhere in the world. However, let us be aware of the fact that this movement could come to a brutal stop. It is subject to a series of threats such as terrorism, as well as the upsurge in populism and extremism, promoted to an extent by the refugee and migration crisis. We have heard all about nationalism and the rise in sovereignist movements, which give people the idea that individual countries can find all the answers they need. Even your role is starting to be questioned. Some people suggest that you are not in a position to protect your fellow citizens, as if freedom could be conceived as a limit and as if a state of emergency could adequately replace the rule of law.
Terrorism undermines the principle of democracy – it threatens it. Our principles, freedom and fundamental values are being targeted by these fanatics. France has been targeted several times, with horrific consequences and symbolic moments, including on 14 July, and in places where the attacks were designed to create the idea of a war of religions, including when a priest had his throat cut in a church. In other words, these terrorists are targeting our well-being. Young people were attacked because they wanted to spend an evening together in happiness.
France is not the only country that has been attacked; there have been many others within and beyond Europe. Many of our European neighbours have been attacked by the evil of terrorism, and no country is safe.
The Council of Europe has done its duty by drafting protocols on, for example, the prevention of terrorism, as well as by addressing the issue of foreign fighters. After the terrible attacks on 13 November, France was forced to invoke Article 15 of the Convention, which provides member States with the possibility of taking special measures under judicial control within the framework of emergency legislation. I did that following the attacks on 13 November. However, together with my government and Prime Minister Manuel Valls, I have been vigilant to ensure that all measures taken are proportionate, so as to ensure that the authorities have everything they need to ensure that house searches and house arrests involving dangerous individuals can be done in full compliance of the law.
A series of laws have been adopted in France since 2014, so as to strengthen our fight against terrorism. All of that legislation has been approved by the Constitutional Court. Moreover, you as members of this Assembly have also scrutinised that legislation. We have also committed to providing a legal framework, for the very first time in our history, for the activities of our intelligence services. It will be a comprehensive framework, so as to ensure that they can act effectively but, once again, in compliance with the law.
We cannot act alone when it comes to fighting Internet propaganda that encourages radicalisation. This is an issue that you in this Chamber have to deal with. You have an essential role to play when it comes to protecting privacy, but privacy can be circumvented by fanatics so as to peddle their propaganda. That is such a terrible danger for young people in our countries, encouraging them to leave for jihad.
France has taken the responsibility of closing down what some people referred to as prayer rooms, but which were in fact centres for propaganda for promoting hate. France has spearheaded efforts to expel hate preachers who use the freedom of speech to promote the most virulent forms of violence.
We will do our utmost, however, to ensure that nobody can stigmatise other communities, in particular Muslims. We will ensure that there is no confusion between our duty to protect our citizens and the need to guarantee religious freedoms in our country. We can never allow anybody to question those religious freedoms.
I have talked in the past about the importance of laïcité – secularism – here in France. It is a fundamental principle. According to the rules of laïcité, state funding of any religion is prohibited. Secularism gives every individual in our country the right to believe or not to believe and the right to practise their faith as long as they respect the principles of public order. Those rules are not the fruit of hastily adopted legislation. They are founded in principles that were first enunciated more than a century ago. Those same principles allow us to ensure that we can guarantee respect for freedom of conscience, while at the same time being free to prosecute those who provoke society and threaten our ability to live together in peace.
I feel that we have found the right balance and it is enough now to simply ensure that existing legislation is applied. Security is an essential need for our citizens. Our people want to be protected. However, security at the same time has to be compatible with the values of the rule of law. In France, for example, there is no question of opening detention centres for people being investigated by the intelligence services. That would be a violation of the rule of law, as one of its principles is that only judges can order the imprisonment of an individual.
I can also promise you that France will not be adopting exceptional legislation to tackle terrorism. That would be dangerous. We have specific judges and courts who are responsible for following procedure and who are doing an excellent job. Existing legislation allows us to act effectively. That is my message on behalf of a country that is caught up in fighting terrorism while safeguarding our fundamental principles. Clearly legislation has to change, but our legislation will remain in full compliance with our constitution. In the face of this threat and the efforts of terrorists to divide society and turn us against each other, exceptional measures will be taken against those who are trying to undermine our freedom, if necessary. Terrorists are trying to destroy our freedom, and we have a duty to defend it.
For several months, Europe has faced an unprecedented influx of refugees and migrants. The Syrian crisis has led to millions of refugees being forced to flee their country. Many fled to camps in Jordan, Lebanon and Turkey. I commend the efforts of those countries that have done so much. Other refugees and migrants have chosen to travel to Europe. I say “chosen”, but in fact they had no other option: they were fleeing violence and were forced into exile.
Europe took too long to find a common response. Our common response must be based on effective control of our external borders. That is a vital prerequisite if we are to provide a dignified reception for these refugees while establishing clear rules that they have to respect. That involves effort on sharing the burden of the refugees. Without effort on all these fronts, which involve the border control forces and legislative and non-legislative measures – I am talking about the right to asylum – Europe will be torn apart. The refugee question could tear Europe apart. France has done its duty. We will have accepted 30,000 refugees from Greece and Turkey by 2017. In parallel, we continue our resettlement programme in Jordan and Lebanon set up in co-operation with the High Commissioner for Human Rights.
France also has a large number of migrants and refugees within its borders. I know that the Assembly is aware of the tragic events in Calais. For far too long, a camp with at least 7,000 inmates has been home to people living in horrific conditions – people who have been forced to flee their countries. That is why I recently decided with my Government to dismantle the camp in Calais to ensure that we can provide dignified humane accommodation for the people who live in that camp. All the people who live in that camp will be entitled to accommodation during the period of their asylum request. As I have said so often before, people who are not entitled to seek asylum will be provided with travel back to their countries. We have a duty to deal fairly with asylum seekers.
We also have a duty to ensure that unaccompanied minors are dealt with in a fair, dignified and responsible way. We are addressing that question with the United Kingdom. Talks are under way to find solutions so that those children with family members in the United Kingdom can join their families. That is another prerequisite for removing the Calais camp. The dismantling of the camp will be a humanitarian action. Every inmate will be provided with accommodation elsewhere. We have put in place all the infrastructure necessary to deal with the problems of the camp in Calais and elsewhere, including Paris. Every person from the camp will be provided with a solution. France recognises its responsibility, but at the same time, however, this is a shared responsibility for all of us. We have to realise that we cannot dismantle the Calais camp without providing solutions throughout the country.
The values of the Council of Europe also underpin France’s diplomatic action beyond the borders of our country. In Ukraine, the illegal annexation of Crimea by Russia and the destabilisation of the east of the country have created thousands of victims and thousands of displaced persons. As part of the Normandy format, I have personally undertaken, together with Chancellor Merkel, to seek a diplomatic solution to the conflict. This is the Minsk Agreement. I admit that progress has been too slow from the outset. We have to work hard to establish the political and security conditions necessary to ensure that elections are held in the east of the country under Ukrainian and international law, in line with the Minsk Agreement. Together with Chancellor Merkel, we are ready at any time to reconvene the Normandy format together with President Poroshenko and President Putin to ensure that we can fully deliver on the Minsk Agreement. Ukraine has to adopt the reforms promised, and the Council of Europe has an essential role to play in helping it do that.
France has certain major disagreements with Russia. For example, there is disagreement on Syria. The Russian veto on the French Security Council resolution prevented us from bringing an end to the bombing of cities and instigating a truce. The primary victims of that failure to act are the civilian population—the people who live and die under constant bombing. That is why I am convinced that we have a profound need for dialogue for Russia, but that dialogue must be firm and honest, otherwise it is pointless and a sham. That is why I reiterate my willingness to meet President Putin whenever he deems necessary. We have a duty to work together to promote peace, to bring an end to the bombing and to instigate a truce.
I also call for dialogue with Turkey. Turkey has borne the bulk of the burden in welcoming refugees. Turkey is a lynchpin when it comes to finding a solution to the conflict in Syria. On 14 and 15 July, Turkey was hit by a coup d’état. Turkey dealt with that coup and now has to ensure that our fundamental values prevail in the aftermath. That is France’s position: we are always committed to dialogue and to seeking peace. France’s position is to invoke the primacy of the Security Council, which is why we recently tabled our resolution. I remind the Assembly that the Russian resolution got just three votes, and the Russian veto prevented us from bringing the bombing to an end. Dialogue, responsibility, and seeking peace: that is what we believe in.
I felt that I had to talk about Syria today. Syria is a monumental challenge in the international community. Our very honour is at stake. Either we can live up to our honour by finding a solution or we will have to face the eternal shame of watching millions of Syrians leave their homes and suffer massacres, and allow terrorism, which has found a new breeding ground there, to put down deeper roots. That terrorism comes to us from Syria, both through its ideology and the terrorists which are sent here from Syria. In Aleppo, the very conscience of humanity is at stake. We have to do our utmost to ensure that Aleppo does not join the terrible list of martyred cities.
Ladies and gentlemen, I felt I had to share that message with you here today, because in this Chamber the values of principle, hope and democracy were established. Just after the Second World War, it was in this Chamber that we were able to launch those appeals for peace. Here in this Chamber, the first efforts for reunification were announced – efforts to bring together and reconcile countries which up until then lived under the yoke of totalitarianism and dictatorship.
The unstinting work of the Council of Europe is not yet completed, though – very much the contrary. In the difficult circumstances I have just described, we need the Council of Europe and its values more than ever. In 2019, the Council of Europe will be celebrating its 70th anniversary. France will be holding the chairmanship of the Committee of Ministers. We will also be organising the fourth summit to chart out the future of your Organisation.
So, ladies and gentlemen, that is my message to you – my message about the values which bring us all together. France stands shoulder to shoulder with the Council of Europe, and I am convinced that the Council of Europe will stand shoulder to shoulder with France in our untiring efforts to promote peace, freedom and democracy. Thank you.