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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	75
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The Law of July 1, 1901, provides that in order to be constituted, Civil Society Organizations (associations) only need to submit to the authorities a 'request of declaration'. No authorization is needed. Decision 7144 of the Constitutional Council reaffirmed the principle of Freedom of Association ([ LINK ]).

References: Law of July 1, 1901 ([ LINK ]

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments:

References: Law 2003-709 of Aug. 1, 2003

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments:

References: Law of Aug. 1, 1901, [ LINK ]

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: Legislationline, Freedom of Association, October 2004, [ LINK ];

Conseil national de la vie associative, La Documentation Française, 2007, [ LINK ]

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

References: Legislationline, Freedom of Association, October 2004, [ LINK ];

Conseil national de la vie associative, La Documentation Française, 2007, [ LINK ]

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There have been no mainstream and alternative media reports on CSOs having been shut down by the government for their work on corruption-related issues in the past year.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There has been no mention in mainstream and alternative media of civil society activists working on corruption issues having been imprisoned in the past year.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mainstream and alternative media have not mentioned civil society activists working on corruption issues having been physically harmed in the past year.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mainstream and alternative media report no evidence of civil society activists working on corruption issues having been killed in the past year.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: The 1946 Preamble to which the Preamble of the 1958 Constitution refers ([ LINK ]) has been recognized to be of constitutional rank by the Constitutional Council (decision 71-44 DC of July 16, 1971, [ LINK ]).

References: Point 6 of the preamble of the 1946 Constitution guarantees the right to join a trade union of one's choice. [ LINK ]

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments:

References: Dominique Andolfatto, Les syndicats en France, La Documentation Française, 2004;

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde