French ecologists propose new bill

French ecologists have submitted a bill to the Senate and the Assembly aimed at "strengthening the fight against speeches inciting hatred and racist and xenophobic acts" through the prohibition of the theory of the great replacement. The proposal, introduced by Senator Akli Mellouli, seeks to make the mention of the theory of the great replacement and the principle of repatriation illegal. The bill was also proposed in the Assembly, supported by deputies Sabrina Sebaihi and Steevy Gustave.

Bill follows racist attack in Trappes

The proposal follows a racist attack in Trappes on October 23, which resulted in the death of Pengo Bossio Wangi and caused seven injuries. The bill text states that racist statements, when repeated, disseminated, and normalized in public debate and media, contribute to creating an atmosphere of distrust and hostility towards people based on their real or presumed origin. It argues that the theory of the "great replacement" and the principle of "repatriation" are racist and xenophobic statements that contribute to "essentializing a group of people" and participate in "the promotion of ethnic segregation and racial purification."

Bill seeks to amend press freedom law

The bill aims to supplement the July 29, 1881 law on press freedom by including in the law that "incitement to discrimination, hatred, or violence may notably result from statements that, by invoking the replacement of one population by another or the necessity of repatriation, designate a group of people as a threat due to their origin or their real or presumed membership to an ethnicity or a nation."

Legal experts question bill’s necessity

Some legal experts argue that the proposal is "redundant" compared to existing legal tools. Lawyer Christophe Bigot, president of the association of lawyers practicing press law, states that the text is "a duplicate with article 24-7 since it already punishes discriminatory acts." He argues that "any statement that incites exclusion already falls under the law" and that "pedagogy is not the role of the law." However, he suggests that for the law to "truly strengthen the sanction," it would be necessary to "extend the incrimination beyond the exhortation to commit a discriminatory act" to target "the mere act of fostering a feeling of rejection," though this would likely be unconstitutional.

Legal scholars debate law’s effectiveness

Professor Thomas Hochmann of the University of Paris-Nanterre notes that "in theory, as it exists, the law allows for the condemnation of racist statements, but in practice, courts do not always apply it and do not necessarily condemn them." He argues that this bill "comes precisely to highlight the existing law and clarifies it to facilitate convictions."

Minister’s stance contrasts with ecologists

Minister delegate for the fight against discrimination, Aurore Bergé, had previously refused to classify the theory of the great replacement as a "racist" thesis but assured Le Parisien this Sunday that these statements were not "problematic." However, ecologists argue that the law is necessary to "provide a legal arsenal that reminds that hatred for others is a crime and must be condemned."

Constitutional concerns raised

Journalist Quentin Lafay suggests that the text "would very likely be unconstitutional" because it assumes "passing through the law to prohibit the expression of certain ideas." However, Thomas Hochmann argues that the law already prohibits the expression of certain ideas and that this proposal does not infringe on freedom of expression since it clarifies it.

Senator emphasizes protection and unity

Senator Akli Mellouli stated that "we are ready to work on it with constitutionalists" and emphasized the importance of protecting citizens and ensuring national coherence of fraternity and goodwill.