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CONSTITUTION

France sticks to plan to strip terrorists’ passports

UPDATED: After appearing to have ditched the move the French government made a last minute decision to push through a plan to strip dual nationals of the French citizenship if they are convicted of terror offences.

France sticks to plan to strip terrorists' passports
Photos: AFP

French Prime Minister Manuel Valls outlined government reform proposals on Wednesday that could see the state of emergency called after last month's Paris attacks, enshrined in the constitution.

And after appearing to have dropped the issue amid growing opposition among Socialist MPs,  the government finally decided to include the power to strip French citizenship from people convicted of terrorist offences, if they have another nationality.

It appears fears opposition MPs would not back his reform led to the last-minute change of heart.

“The threat has never been higher,” Prime Minister Manuel Valls told reporters following a meeting of government ministers on Wednesday.

“We must face up to a war, a war against terrorism, against jihadism, against radical Islam,” he said.

The current law allows dual nationals naturalized in France to have their French citizenship revoked if they are guilty of terror offences, but it doesn't apply to dual nationals born in the country.

There are an estimated 3.5 million French people with a second nationality in the country.

Days after the Paris terror attacks in which 130 were murdered, Hollande told MPs he wanted that power extended and enshrined in the constitution so it could not be challenged.

On Tuesday Justice Minister Christiane Taubira suggested the president had agreed to ditch the proposal during a radio interview.

There had been fears on the left that this would lead to discrimination against people with dual nationalities. 

But despite growing opposition from Socialist MPs and the PM himself admitting it would do little to help the fight against terrorism, the measure was included on Wednesday in the planned reform of the constitution.


(Protesters demonstrate against ban on marches during state of emergency. Photo: AFP)

The apparent double U-turn may have come about after it emerged that without the inclusion of a measure that had been championed by the right, Hollande might not win enough support from opposition MPs to bring about a change in the constitution. 

Laurent Wauquiez, Nicolas Sarkozy's number two in the Republicans party said the reform was an “empty shell” now that the plan to strip convicted terrorists of their French nationality had been ditched.

Any change to France's constitution must be backed by a three fifths majority.

The proposals will be debated by MPs in February. 

Emergency policing powers used under the state of emergency — such as house arrests and the right to raid houses without judicial oversight — are currently based on a simple law, which can be challenged at the constitutional court.

But in the light of the November 13th attacks in Paris President François Hollande made it clear he wanted to special powers available under a state of emergency to be enshrined in the constitution.


(Photo: AFP)

Hollande wants the powers protected from further litigation by placing them in the constitution.

Since France declared a state of emergency hours after the attacks, the extra powers have proved to be effective, but not without their flaws. 

The French government has regularly released stats, eager to demonstrate how their extended powers are being put to good use.

The latest update came on Wednesday with Interior Minister Bernard Cazeneuve revealing that 2,800 raids and home searches had been carried out since November 13th. 

There have been 346 arrests, 360 people placed under house arrest, and 51 jailed, while 3,414 people have been turned away from France's borders because they posed a threat to national security. 

But there have been criticisms over the violence of police raids, as well as of cases of mistaken identity and of people losing their jobs because they were placed under house arrest.

There have also been numerous cases of environmental activists being targeted rather than potential terrorists.

Valls said on Wednesday the latest figures showed more than 1,000 people had left France to join the jihad in Syria and Iraq, of which an estimated 148 had died and 250 returned.

“Radicalised individuals from numerous countries join Daesh (the Arab acronym for the Islamic State group). There are many French speakers and we know that fighters group themselves according to language, to train and prepare terrorist actions on our soil,” he said.

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RACISM

Why a row has broken out over ‘race’ in Germany’s constitution

A row has broken out in Germany over the term "race" in the country's constitution as the George Floyd killing in US police custody spills over into national politics.

Why a row has broken out over 'race' in Germany's constitution
Photo: DPA

Paragraph three in Germany's Basic Law (Grundgesetz) states that “no person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith or religious or political opinions.”

But the Green party this week took aim at the word “race” pushing for a change to the constitution in place since 1949 as a bulwark against dictatorships like the Nazi regime which championed racist politics more than seven decades ago.

“There are no 'races'. There are human beings,” said Green party co-leader Robert Habeck, noting that a “strong sign” against racism would be to remove the term from the document.

Backing the call, Germany's commissioner for combatting anti-Semitism Felix Klein said: “The term race is a social construct that is designed to devalue and to discriminate against people.”

The far-left Linke party and the business-friendly FDP have all lined up behind the push, with some critics of the term calling for it to be replaced with words like “ethnic origin”.

Even Chancellor Angela Merkel's conservatives have broken a silence on the subject to voice openness to look at the issue.

READ ALSO: Grundgesetz: What does Germany's Basic Law really mean?

'Racial mania'

Drawn up after World War II, Germany's Basic Law has been amended 62 times, including to take into account European integration and German reunification.

But unchanging among its key tenets are the guarantees of equality before the law.

Green co-leader Robert Habeck said the term 'race' should be removed from Germany's Grundgesetz. Photo: DPA

With the debate heating up, the justice ministry has defended the place for the term in the constitution, noting that it “clearly makes no references to the existence of different human races nor of the acceptance of this sense”.

The authors of the constitution had in fact sought to “set a clear sign against racial mania” championed by the Nazis, according to the ministry.

Adolf Hitler's regime championed his claims on racial “purity” and purported the superiority of the “Germanic race” — which he called the Aryan “master race”.

In the extreme push for this, the regime branded the Jews a dangerous “race”, putting in place an extermination programme that murdered six million Jews.

The far-right AfD has also spoken out against an amendment of the constitution.

READ ALSO: Germany 'not doing enough to fight racism' as country sees rise in reported discrimination cases

“If there are races, then there should not be objections to the current version of the Basic Law, because then it rightly fits in it. If, on the other hand, there are no races, then there would be no racism,” argued deputy spokesman for the party Stephan Brandner in an interview with the RND newspaper group.

With the row heating up, Interior Minister Horst Seehofer said he “won't stand in the way” of opening a discussion on amending the wording.

It is “much more important for us to wipe out racism”, he added.

Conservative daily Die Welt warned against hypocrisy in the debate.

“Some Germans are now so evolved that they find the word 'race' unbearable… but they won't send their children to schools with many Arabs and Turks, but to places where they find their same ethnic groups.

“And that is exactly what needs to change if one takes the Basic Law seriously, rather than abusing this noble document … for linguistic self-righteousness.”

By Hui Min Neo

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