TRAVELLING PEOPLE IN FRANCE:
FRENCH LEGISLATION AND LIVING-CONDITIONS
Tsiganes, Gypsies or Travelling people…lot of words to define people
who are travelling all the time. Jean-Pierre Liegeois distinguishes 3 categories
of Traveller in France: First there are Gitans who come from Spain,
Portugal and France; Second, Manouches are fairground and come from Germany
and France and Third, Roms are from Hungary, Romania and eastern countries. For
them it is impossible to be settled; in their culture, in their life they need
to travel. To stop it is the loss of their liberty. Because of its originality,
Travelling people were and are victims of racism and discrimination. Settled
people are afraid because they do not know this way of life, they exclude
instead of trying to understand. In the 16th century, in France, they
were persecuted because it was impossible for the authorities to put them in a
social class. The 3rd Reich killed 500,000 Travellers in Auschwitz
and in Dachau because they are « mongrel ». After this massacre,
nothing is done for them, no advantages, and no compensations. Moreover the
countries or the international organisations were not aware persecution and
racism of travelling people. They are really in fringe of settled society. In
France there are 300,000 Travelling people. In a democratic country as France,
which should respect the rights of minorities, what is the politics about
travelling people? What are their living-conditions? Is there an understanding
between them and French population and authorities? Can we speak about respect
and equality? We can notice that French policy and legislation are getting
better for travelling people. Although they do some effort the reality is
totally different and we can notice the misunderstanding between the two
absolutely way of life.
I. French policy about travelling people
It is very difficult to find some rules or laws about travelling people
in French legislation. But since the beginning of 8o’s we can notice that it
is getting faster. The social services are developed and lots of associations of
travelling people are growing up.
A.Laws
It is important to precise that Travelling people have to have a
nationality. They depend of a State even if they travel in other countries. For
French travelling people they are considered as French; then they have to
pay taxes and to do the military service. Because in France it is the rule of
ius solis if you born in France you are French. Travelling people pay taxes even
if they do not participate in French settled society. It is the same for school,
each child has to go to school; there is a specific agreement for
travelling children, they can change school during the year and teacher has to
integrate them. The first law about travelling people is in 1912.This one shows
that it is possible to have the same nationality and not to be subject to the
same rules. If the police ask for their paper, they have to show
anthropometrical notebook, it means the size of ears or the size of bust for
example. Moreover the notebook of the family with names of all the members has
to be shown as well. Then the policeman has to ask how long they want to stay
here and why. In this law, Travelling people are as criminal. But the law in
1990, Besson’s law, is important to improve the relation between
authorities and travelling people. Each municipality, which has more than 5000
inhabitants have to have an area for travelling people next to shops, schools.
The halting sites have to have current water, toilets and electricity. It is an
important measure to improve the living-conditions of travelling people and to
participate in a better understanding between the both of populations. In 1992,there
is a decree to organise a national committee for travelling people. The Prime
minister is the President and they meet two times a year. It is interesting
because it is at national level. Moreover, a new concept is introduced in
France,actulay we have to use the politically correct “Gens du voyage” (travelling
people) and not to use anymore Tsiganes or « Manouches » which are
too pejorative: »In France the travelling people comprise a
community of some 300,000 persons. They are also known as Gypsies a generic term
covering a range of ethnic groups (including Roma, Manush, Sirti, Jenish,
Gitano) of whom over half continue their ancestral lifestyle, nomadism » (From
the official text accompanying the launch of the Travelling people). It is
going to the same way with the bill of 1999 which tries to find a consensus
between municipalities and travelling people: First, municipality has to
organise welcome of travelling people and Second, it has to find solutions to
favour the settling process. That is why, in 2000, it is a law about welcome and
accommodation of travelling people. It means that each town has to have a
consultative commission in which there are representative of municipality, of
Travelling people and of associations which cares about Travelling people. The
State has to participate; it has to give money and to encourage the meetings.
French legislation tries to improve and to have a better relation with
travelling people and to improve their living-conditions when they want to stop
for few days somewhere. Laws are not the only one way to help and to develop the
communication between settled and travelling populations. The social services
are also important.
B. Social services
For the second half of the century, the development of social services in
charge of travelling people is growing up. In France they develop the concept of
prevention. It means « it is deemed preferable to prevent harm than to
have to punish or cure it after it has occurred » (“Roma, Gypsies,
Travellers” from J.P Liegeois p 233). For French people, social services for
travelling people seem to be good because they can have access to a doctor or to
solve a problem of money or to understand the paper for taxes. The goal is to
help them and to try to care about their problem. But it is very wicked because
nobody knows Travelling people’s culture. Social protection can become for
them a stifling imposition on those determining factors to it. Socio-educative
backup can become an arbitrary takeover. For
them this kind of help force them into dependence and it is not their wishes and
lifestyle. The social services are not adapted for travelling people because
their culture, the manner to help each other it is not the same. Moreover,
social services oblige them to integrate French settled society and then some of
them lost their culture, their own lifestyle. It is not adapted for Travelling
people, and the staff is not used to working with them and they do not get to
adapt their job for Travellers. In a extract from an activity report in France
in 1970, one of the representatives said « Whoever comes into close
contact with T.p cannot fail to observe how the psychological traits and
constants which characterise the adults are already discernible from early
childhood. The majority of these behaviours constitute so many obstacles to
their adjustments, and should be the priority target of educate action whenever
conditions permits one-to-one work ». It is like a big misunderstanding we
try to help people but they have to integrate my lifestyle, my way of thinking.
Now social services consider that Travelling people are underprivileged,
disadvantaged and deprived. Then it is very difficult to improve because nobody
tries to understand culture of Travellers. French politicians believe that they
do something but at least it is pointless. Some associations for travelling
people defend their rights. Social services analyse everything in social rather
in cultural terms. The idea to help is good but it is a wrong way to force
someone to integrate another society. Respect is tolerance.
C. Association
Over the 8o’s,
travelling people took a place in the field. There are the new players. It means
that they decided to organise themselves to defend their lifestyle, their
culture. Moreover, Lots of international organisations as Council of Europe or
European Community started to care about them. The law of 2000 in France is
going to the same direction: to have more consideration about Travellers to
integrate them in discussion. In the 90’S a new type of committee is created.
They are specialised and efficient because they included some representative of
travelling people. It is a real progress. It is very important in France. For
example « La voix mondiale tzigane » (World Gypsy Voice) it comes
from an international organisation but it is in French. French Travelling people
are very dynamic and create lots of organisations to explain to French settled
population how they are, what their culture is. For example, the music group
Tanslave plays lots of songs to explain how it is hard to endorse discrimination
and racism. There is still a problem. That is true that it is good to have
travelling people’s organisations. But if they want to have a discussion with
some politicians about their rights or something else, they have to create a
real association (law in 1901 about creation of association). It means that they
have to elect a President, to have a treasurer, and so one and so one. Then they
took the rules of settled population. Is it really respectful for travelling
people who are not used to respecting this kind of authority? French settled
society imposes its rules on Travellers. In the other hand, J-P Liegeois shows
that authorities at national and local levels are rethinking their analysis,
becoming more open to innovation and to direct with representatives of the
Gypsies and Traveller communities. May be it is a transition and step by step
settled population understands better travelling people. It is a real lack of
respect to oblige them to follow rules of settled population.
Although politicians, social services and associations try to change the
situation even if it is really difficult. The most important is to know that the
reality is really worrying
.
II THE REALITY
“Common rights are common in name only, but selective discriminatory in
practice, resulting de facto segregation “ (J-P Liergeois in Roma, Gypsies,
Travellers p.162 163).
Even legislation forbidding racial discrimination in accommodation,
schools and employment deemed applicable to Gypsies and Travellers, who are
often after defined as a marginal social group (“Les Gitans” from Francois
Coupry p 34). Authorities do not simplify the relations between the two ways of
life. Moreover we can find discrimination at school and for halting sites.
Racism is important also in the culture.
A. Authorities
Authorities are not able to care seriously about travelling people. There
are two kinds of reluctance. First, direct reluctance when authorities of
municipalities take decisions to avoid travelling people in their town. For
example lots of municipalities put some sign post on which it is written
“Forbidden for Gypsies “ or the major can decide that travelling people
bring some problem of hygiene, law and order or tranquillity, then the police
goes to the halting sites to say to them to leave. Second is the indirect
reluctance, it is very perverse because they build some halting sites for
travelling people but it is very small or near by rubbish tip for example. The
authorities can ask for vaccination certificate or to make some difficulties to
immatriculate children at school. Laws do not have a good application. The major
has the power to change or to arrange the law. In France there is not civil
servant who cares about this issue. If one of them is interesting in this topic
or wants to act he or she has some problem with his or her superior. Then it is
more difficult to find good solution. They totally avoid the problem. Travelling
people are subject to the strictest possible implementation of the rules.
Because population is afraid, the major does not want to take a decision if
population disagree. At national level we can find problem as well. If relations
between two countries are not good there is a restriction to cross the border;
it is more complicate for Travellers to change of country. If the relations are
good, States reach an understanding (official or not) on limiting the movements
of nomadic families. Life for
travelling people is very difficult. It is very often in France to see
travelling people to go to another field because the halting site is very dirty.
Then settled population is angry because it is private field and Travellers have
not to be there. Nobody understands that the halting site is so horrible and it
is impossible to live in these conditions. In Saint Herblain, a small town next
to Nantes, this kind of problem often happens and everybody makes offensive
remarks about Travellers even if they say that they are not racist or xenophobic.
Where is the limit? Why are people afraid?
Authorities do not respect the rules and avoid the problem. About halting
sites and school, the French policy does not try to integrate travelling
population and to have a real communication with them.
B. The problem of halting sites and of school
There is a connection between the two problems. Moreover, Tom Lee (secretary
of Romany, Guid, UK) said, “To discuss education before providing stopping-places
is like putting the cart before the horse”.
Even if there are lots of laws about the halting sites, we
notice that they are very horrible places. They are not adapted for needs of a
family. Geographically is all the time far from the centre of the town. Moreover,
in one decree it is written that the best halting site has to have not more than
15 caravans but the municipalities continue to build up a big halting site in
which it is possible to have 100 caravans. It is the case near by Avignon. Life
is really impossible. Travelling people call this place a Ghetto. In 1986, 48%
of French halting site did not have running water and 50% no toilets. There is
not grass, any toilets enough and sometimes they do not exist. A horrible
example is the stopping place of Montpellier. It is between two big factories,
near by one polluted lake and it is the end of the sewerage system. In spite of
law, the major does not accept more than 2 or 3 days travelling people in his or
her town .He gives as a pretext the protection of environment or public health.
A major said in 1980 “Camping and parking on the public road by individuals of
no fix-abode presents a serious inconvenience, and often even a danger, from the
point of view of public hygiene and security of goods and persons; moreover,
they are a permanent cause of disorder”.
In this conditions how is it possible for children to go to school if it
is very faraway and if they just can stay 2 or 3 days. 6o% of travelling people
can not read and write. For school, the other problem is that children are not
used to having an authority as a teacher and to staying in a classroom during
all the day. That is why in the north of France they tried to put just
travelling children together. It does not work because they are much more
marginalized. Sometimes, parents disagree to put their children at school
because the culture of travelling people is very different from settled
population’s culture and they are afraid that settling process influences
children. For them to integrate settled culture means to be a slave and to
follow the rules. But it is getting important to go to school because now
everybody need to have a diploma if you want to be a fairground for example.
School is getting an obligatory for all of them. But the structure of school is
not adapted for them. Teachers are not able to integrate children because he
knows that they will not stay a long time and the other children are criticized
them. The integration is difficult. Some
travelling children have to go to specific class for handicap people, not
because they have problem but because they are backward and teacher think that
they are stupid. At least they do not develop the same kind of intelligence or
capacity because their life is really different. Now there are some new schools
adapted for these children and they get some books in their own language. New
techniques of pedagogy are proposed as caravan school or intercultural pedagogy.
The goal is to link the culture without losing his or her own identity.
C. Discrimination
Travelling people are discriminated for everything. French authorities
try to force them to be settled. Discrimination is not only at school or in
politics.
Travelling people decide to stop because of political, economical reasons.
It was too difficult for them to continue travelling. The problem is that this
settling process is more or less forced by decrees, laws or order. Then they
live in the suburbs in a small flat and all the life of community of travelling
people that they had it is over. It is hard for them and their neighbours
already have problem of drug, of poverty, of delinquency or unemployment. In
this context, they are still the victims because if there is a problem,
travelling people are the firsts to be accused. If they try to get a house or to
have caravan as a house, it is very difficult to get the authorisation. When
travelling people decide to stop to travel is it a real choice? Juan de Dios
Ramirez Heredia, speaking at Council of Europe seminar, June 1983 said, “We
prefer to be 1st class Gypsies than second-class Gadje “. To force
travelling people to stop, they feel “ill-adapted”. Is it tolerant to force
someone to stop, to force him or her to let everything, to forget his or her
culture just because the majority of the population is settled?
In the French culture it is amazing to notice the racism towards
travelling people. Jean-Pierre Liegeois wrote that in practice nomadism is “de
facto” synonymous with parasitic marginalism. They are rejected with violence
or denied access to shop, restaurant. Caravans parks routinely refuse travelling
people, even for a single night. Then we just accept travelling people for their
music, cinema or dance. Francois Coupry in his book “ Les Gitans” explains
that settled people are attracted by travelling people but in the other hand we
are very afraid because of the myth of Carmen (opera from G Bizet) and the myth
a total free life without rules. It
is a kind of exploitation because their art is accepted but not their way of
life. In French vocabulary, there are some racist expressions. For example, when
children learn how to do the sound “ien” two words are all the times used
together; it is bohemien and vaurien (bohemian and scoundrel). If you are
looking at a French dictionary, define the word “savage” it refers not to
have a house, to be settled and to have no religion and law. We can notice that
settled people have in their culture and education this fear.
CONCLUSION
Even if there are laws to improve the relations with travelling people it
seems difficult to find a solution because the authorities do not favour the
communication. The goal is to do a settling process. Is it respectful? Why have
travelling people to integrate and to respect laws of settled people? Travelling
people have rules as well but settled people do not pay attention in this staff
because they think to be the majority is to impose its own rules. It is the same
problem about social services we want to help them but it is not the good way.
Settled people consider that they are in the normality and the other, Travellers,
are different and have to integrate our rules because they are the minority and
they are French. Even if you are French you can have your own culture and the
other have to respect it. The problem is the same in France about Immigrants.
Some French people consider that Immigrants have to be totally integrated and to
forget their culture. It is not good because people need to keep their origins
and their culture. The misunderstanding is very important. We can notice some
efforts to counterbalance this direction but settled people have to realise that
their culture is not the best one. This racism can not be useful to solve the
problem. They can not accept other culture, other lifestyle. At European level
some new measures are made for travelling people. May be it will be the way to
improve. Because European Union is a mixture a population, may be it is easier
to understand life of travelling people. Even if the French legislation is not
strong and implemented enough is a real progress or it is all just for show? Can
we hope that it is the beginning of a co-operation even if it needs time to
change mentality?
GAGNET
Violaine
Erasmus
2000-2001
MULTICULTURALISM
Miss Laubeova
TRAVELLING PEOPLE IN FRANCE : FRENCH LEGISLATION AND
LIVING-CONDITIONS
Bibliography:
-“Tsiganes
et voyageurs”from J-P Liegeois
-“Les
Gitans” from f. Coupry
-“Tsiganes
et sedentaires” from B.Formoso
-“Les
Tsiganes” from J.P Clebert
-“Roma,Gypsies,Travellers”from
J.P Liegeois
-“The Traveller-Gypsies” from J. Okely
-www.interieur.gouv.fr
-www.legifrance.fr