On 15 May, President Macron declared a state of emergency after violent riots in New Caledonia, an archipelago in the Pacific which became a French overseas territory in 1946 following colonisation by France. The declaration prompted the closure of La Tontouta airport, restrictions on social media access, deployment of French security forces, and a temporary curfew and ban on gatherings in Nouméa, New Caledonia’s capital.  The riots occurred in response to the 14 May vote in the National Assembly, France’s lower parliamentary house, to approve a constitutional amendment to increase the number of French nationals eligible to vote in New Caledonia. Local leaders have voiced concerns that the changes will diminish the vote of the Indigenous Kanak people, who comprise 41 per cent of the population. The law is currently suspended, after President Emmanuel Macron dissolved France’s National Assembly and called for snap legislative elections.

Sources:  French Government, FranceInfo, LCP, International Work Group for Indigenous Affairs, ConstitutionNet

On 22 May, a new law regulating online activity entered into force, aimed at protecting users online, particularly minors, including by preventing online harassment and tackling fraud. The law, known as SREN (sécuriser et réguler l’espace numérique, Securing and Regulating the Digital Space), was approved by Parliament on 10 April 2024. The law includes the possibility to suspend people convicted of criminal offenses online from social media platforms for six months and to block access to pornographic websites without requiring a court injunction. Additionally, the law cracks down on the publication of deep fake media content online and enables regulatory authority Arcom to order operators to halt the broadcasting of foreign ‘propaganda’ media under EU sanctions within 72 hours. The Constitutional Council annulled certain provisions on 17 May, including the creation of an offense of online contempt, which would criminalise the dissemination of offensive or discriminatory content, for disproportionately infringing on freedom of expression. In 2023, the European Commission issued two separate opinions warning France about the bill’s compliance with EU law. ARTICLE 19, an international rights organisation, has expressed concerns over the bill’s potential to grant the French government power to censor websites with minimal public accountability.

Sources: Vie Publique, Constitutional Council, Euractiv, Legifrance, Le Monde, Sciences Politiques, ARTICLE 19, European Commission

France became one of the first countries in the world to protect the right to abortion in its Constitution. The amendment to Article 34 of the Constitution guarantees the freedom for a woman to have recourse to a voluntary termination of pregnancy. The amendment comfortably cleared the three-fifths majority vote in Parliament required for constitutional reform. It was passed by the upper house (the Senate) on 28 February, with 267 votes for and 50 against, and by the lower house (the National Assembly) on 4 March with 780 votes for and 72 against. A 2023 poll shows that 82 per cent of the French population believes abortion should be legal, among the highest levels of support in Europe. The government expressed that the decision to protect the right to abortion in the Constitution followed a rollback of abortion rights across Europe and around the world, including the 2022 decision by the Supreme Court to strip women of the right to abortion in the United States.

Sources: National Assembly, The Senate, Le Monde, IPSOS

On 27 January, the administration published a new immigration law easing deportation procedures, which has immediate effect. Following protests mobilizing an estimated 75,000 people across France, the Constitutional Council struck down 35 contentious provisions, out of a total of 86 articles. Provisions that are removed from the law include a five-year wait for immigrants to access family and housing benefits, the introduction of immigration quotas, and tightened restrictions on family reunification. However, provisions to facilitate deportation of foreigners presenting a “serious threat to public order” were maintained. Three articles were censured as unconstitutional, and the rest were rejected because they were considered outside the scope of the law. While the law importantly includes a ban on detaining migrant children (article 40), reflecting a recommendation from UN experts, it has been criticized by rights groups who noted that considerable obstacles remain for people’s rights. 

Sources: Constitutional Council, Vie Publique, Le Monde (1), Le Monde (2), France Info, Légifrance, Global Detention Project, European Council on Refugees and Exiles, Forum Réfugiés, International IDEA 

On 19 December, Parliament approved new immigration legislation which made significant concessions to the far-right, with 349 votes in favour and 186 against. The legislation designates migration quotas, to be decided by Parliament, to limit the admission of immigrants (excluding asylum seekers) for a period of three years. In addition, the law introduces the possibility of stripping dual nationals of their French citizenship if they are convicted of intentional homicide and where the victim is a public authority (including police officers, soldiers, judges and administrative officials). The law introduces restrictions on access to benefits for the unemployed, requiring immigrants who are unemployed to be resident in France for five years until becoming eligible for family allowances and housing aid. It also restricts the conditions to be met for family reunification. The legislation has been condemned by NGOs including the French Human Rights League (LDH) and Human Rights Watch. On 25 January, the Constitutional Council will determine whether the legislation conforms with the Constitution and reserves the power to censure any articles where it perceives a conflict.

Sources: Le Monde, RFI (1), RFI (2), The Guardian, Al Jazeera, Human Rights Watch, LDH