Image Source: France 24

A proposed law in France that would make people financially liable for damage caused during violent protests has come under strong criticism from human rights organisations and lawyers, who warn that it could undermine the right to peaceful assembly.

The bill, currently before the French Parliament, would introduce a form of joint civil liability for people who knowingly participate in a group where violence, theft or property damage occurs. Those held liable could be required to pay up to €10,000 for damage, even where they did not personally cause it.

The proposed legislation comes amid some of France's worst civil unrest in years. Recent demonstrations over the cost of living and conditions in schools have, in some instances, been accompanied by looting, vandalism and clashes with police. Businesses and retailers have reported millions of euros in losses resulting from damaged or looted premises, while some were forced to close or secure their shops during the protests.

Concerns over individual responsibility

Under the proposal, a person could be held jointly responsible for damage caused by another member of the group if that person knowingly remained part of the gathering. Critics argue that this could blur the distinction between peaceful demonstrators and individuals who engage in violence or vandalism.

Hanna Bouchareb, a Paris-based lawyer who represented some people accused during fast-track proceedings following the October 17 unrest, said violent individuals can operate around otherwise peaceful demonstrations. She warned that extending liability beyond the person who actually committed the wrongdoing could undermine the right to protest.

The French government, however, rejects the characterisation of the proposal as collective punishment. Interior Minister Laurent Nuñez has argued that the bill establishes “joint responsibility rather than collective responsibility”, intending to ensure that victims of damage can obtain compensation.

The French Senate's explanation of the bill similarly states that its purpose is to make those responsible for violent gatherings bear the financial cost of repairing damage, rather than leaving the State to carry the burden. Under the proposal, liability could apply to participants in a violent group or people who remain in a gathering despite police orders to disperse.

Social benefits could also be affected

The Bill would permit certain social benefits, including housing assistance and family allowances, to be seized to recover compensation. Where a child is responsible for damage, the social benefits of the child's parents could also potentially be affected.

Amnesty International has criticised this aspect of the proposal, arguing that the seizure of welfare payments could have particularly serious consequences for low-income families. The organisation has also warned that making demonstrators financially responsible for acts they did not personally commit could have a chilling effect on participation in peaceful demonstrations.

The proposed legislation also contains provisions concerning foreign nationals convicted of certain serious offences committed during public gatherings, including serious property damage, aggravated theft and attacks against individuals. Amnesty has raised concerns that the measure could contribute to the scapegoating of migrants and minorities and has called for safeguards against removal to countries where individuals face persecution or serious human-rights violations.

Controversy over the right to protest

The controversy comes against a serious background of tension between public order and freedom of assembly in France.

Rights groups have pointed to previous disputes over policing during the gilets jaunes or “yellow vest” protests, as well as more recent allegations of excessive police tactics during demonstrations. Lawyers have also questioned aspects of the fast-track prosecution of people accused of participating in the latest unrest.

For supporters of the bill, however, the issue is straightforward: individuals and businesses that suffer losses because of violent demonstrations should not be left to bear the cost. The government argues that the proposed mechanism would improve the recovery of compensation from those connected to violent gatherings. The French National Rally has supported the principle of making rioters pay, while arguing that the proposed €10,000 ceiling is insufficient.

Source: France 24