New french law celebrates early colonianism
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TEXTE ADOPTÉ n° 389
« Petite loi »
CONSTITUTION DU 4 OCTOBRE 1958
SESSION ORDINAIRE DE 2004-2005
10 février 2005
PROJET DE LOI
portant reconnaissance de la Nation et contribution nationale
en faveur des Français rapatriés.
L'Assemblée nationale a adopté sans modification, en deuxième lecture, le projet de loi, modifié par le Sénat, dont la teneur suit :
Voir les numéros :
Assemblée nationale : 1ère lecture : 1499, 1660 et T.A. 306.
2ème lecture : 1994 et 1999.
Sénat : 1ère lecture : 356 (2003-2004), 104 et T.A. 35 (2004-2005).
The Nation expresses its recognition with the women and the men who took part in the œuvre achieved by France in the old French departments of Algeria, in Morocco, in Tunisia and Indo-China like in the territories placed before under French sovereignty.
It recognizes the tested sufferings and the sacrifices endured by the repatriates, the former members of the suppletive formations and assimilated, disappeared and the civil and military victims of the events related to the process of independence of these old departments and territories and returns to them, like with their families, solemnly homage.
The Nation associates the repatriates of North Africa, the people missing and the civil populations victims from massacres or exactions made during the war from Algeria and after March 19, 1962 in violation from the agreements from Evian, as well as the civil victims of the combat of Tunisia and Morocco, with the homage returned on December 5 to the combatants died for France in North Africa.
A foundation for the memory of the war of Algeria, of the combat of Morocco and Tunisia is created, with the assistance of the State.
The conditions of the creation of this foundation are fixed by decree as a Council of State.
The university research programs grant to the history of the French presence overseas, in particular in North Africa, the place which it deserves.
The school syllabus recognize in particular the positive role of the French presence overseas, in particular in North Africa, and grant to the history and the sacrifices combatants of the French Army resulting from these territories the eminent place to which they have right.
The co-operation allowing the comparison of the sources oral and written available in France and abroad is encouraged.
- any insult or slandering made towards a person or a group of people because of their quality true or supposed harki, of former member of the formations suppletive or assimilated;
- any apology for the crimes committed against the harkis and the members of the suppletive formations after the agreements of Evian.
The State ensures the respect of this principle within the framework of the laws in force.
I. - the recipients of the allowance of recognition mentioned in article 67 of the rectifying finance law for 2002 (n° 2002-1576 of December 30, 2002) can choose, with the choice:
- for the maintenance of the allowance of recognition whose annual rate is changed to 2 800 € as from the 1erJanuary 2005;
- for the maintenance of the allowance of recognition at the rate in force to the 1erJanuary 2004 and the payment of a capital of 20 000 € ;
- for the payment, instead of the allowance of recognition, of a capital of 30 000 €.
In the event of option for the payment of the capital, the allowance of recognition is been used for the rate in force to the 1erJanuary 2004 until the payment of this capital. On a purely conservatory basis, in waiting of the exercise of the right of option, the allowance of recognition is versed atthis same rate.
In the event of death, at the date of entry into force of this law, former back-up troop or comparable and of his surviving couple or ex-united when they met the conditions fixed by article 2 of the law n° 94-488 of June 11, 1994 relating to the repatriates former members of the formations suppletive and assimilated or victims of the captivity in Algeria, an allowance of 20 000 € is divided into equal shares between the children resulting from their union if they have French nationality and fixed their residence in France or in a State of the European Community at the 1er January 2004.
Recognized war orphans, orphan people of father and mother, French nationality and having fixed their residence in France or in a State of the European Community at the 1er January 2004, of which one of the parents was useful in quality of harki or member of a suppletive formation, not aimed to the preceding subparagraph, profit from an allowance of 20 000 €, divided into equal shares between the children resulting from the same union.
The methods of application of this article, and in particular the time limit to exert the option as well as the bill book of the payments taking of account the age of the recipients, are fixed by decree as a Council of State.
II. - the allowances in capital paid pursuant to I are imperceptible and do not present the character of incomes for the tax basis and taxes recovered at the profit of the State or the public bodies.
I. - With articles 7, 8 and 9 of the law n° 94-488 of June 11, 1994 relating to the repatriates former members of the formations suppletive and assimilated or victims of the captivity in Algeria, the date: "December 31, 2004" is replaced by the date: "December 31, 2009".
II. - the second subparagraph of article 7 of the same law is replaced by two subparagraphs thus written:
"This help is allotted to the above mentioned people intended to become owners in personal name or joint possession with their children provided that they cohabit with the latter in the good thus acquired.
"It is cumulable with any other form of assistance envisaged by the code of construction and the dwelling"
III. - With the first subparagraph of article 9 of the same law, words: "realized before the 1er January 1994" are replaced by the words: "realized before to the 1erJanuary 2005".
After the seventh subparagraph (4°) of the article L. 302-5 of the code of construction and the dwelling, it is inserted a subparagraph thus written:
"are regarded as social rental residences within the meaning of the third subparagraph those financed by the State or the local communities occupied on a purely free basis, except for the residences of function, or given to their occupant or asset by former back-up troops of the French Army in Algeria or assimilated, thanks to a subsidy granted by the State to the title of the laws of compensation relating to them"
Notwithstanding the conditions fixed to profit from the allowance from recognition and assistances specific to housing mentioned at articles 6 and 7, the minister charged with the repatriates grants the benefit of these assistances to old the harkis and members of the suppletive formations having been useful in Algeria or to their widows, to repatriates, sixty years old and more, which can justify of a continuous residence in France or in another Member State of the European Community since January 10, 1973 and which acquired French nationality before the 1erJanuary 1995.
This request for exemption is presented within one year following the publication of the decree of application of this article.
The children of the people mentioned in article 6 of the law n° 94-488 of June 11, 1994 above mentioned, eligible with the national purses of national education, can see themselves allotting assistances whose amounts and methods of attribution are defined by decree.
The Government will give to the Parliament, one year after the entry in strength of the present law, a report/ratio making state of the social condition of the children of former back-up troops of the French Army and assimilated, and will count the needs for this population in terms of formation, employment and housing.
I. - are restored with the recipients of the compensations or in the event of death with their having right the sums taken on the compensations by the Agency national for the compensation for the French for overseas and assigned to refunding partial or total of the loans to the title of the following provisions:
1° article 46 of the law n° 70-632 of July 15, 1970 relative to a national contribution to the compensation for the French dispossessed of goods located in a territory placed before under sovereignty, the protectorate or the supervision of France;
2° the third, fourth and fifth subparagraphs of article 3 of the law n° 78-1 of January 2, 1978 relating to the compensation for the repatriated French for overseas dispossessed of their goods.
II. - are also restored with the people having profited from a compensation pursuant to article 2 for the law n° 87-549 for July 16, 1987 relating to the payment for the compensation for the repatriates or their having right the taken sums, in refunding of professional loans, on the final rough assistance granted at the time of the transfer of agricultural goods within the framework of the protocols free-Tunisian of October 13, March 1960, and 2 1963.
III. - the restitutions mentioned to I and II do not have the character of incomes for the basis taxes and taxes recovered with the profit of the State or the public bodies. They do not enter the successional credit of the recipients in comparison with the transfer taxes per death.
IV. - a decree as a Council of State fixes the conditions for application of this article, in particular the methods of payment of the sums restored as well as a fascinating bill book of account the age of the recipients of the compensation.
V. - the requests for restitution are presented within two year as from the publication of the decree mentioned at the IV.
Can ask for to the benefit of a contractual compensation the people of French nationality the date of the publication of this law having been the object, in direct relationship to the events of Algeria for the period of October 31, 1954 to July 3, 1962, of judgments or amnestied sanctions, administrative measurements of expulsion, internment or house arrest, having of this fact due to cease their occupation and not appearing among the recipients mentioned in article 1er of the law n° 82-1021 of December 3, 1982 relating to the payment of certain situations resulting from the events of North Africa, war of Indo-China or of Algérie pendant la période du 31 octobre 1954 au 3 juillet 1962, de condamnations ou de sanctions amnistiées, de mesures administratives d' expulsion, d' internement ou d' assignation à résidence, ayant de ce fait dû cesser leur activité professionnelle et ne figurant pas parmi les bénéficiaires mentionnés à l' article 1 $$#129 $$+25 er $$#130 $$+20 de la loi n° 82-1021 du 3 décembre 1982 relative au règlement de certaines situations résultant des événements d' Afrique du Nord, de la guerre d' Indochine ou de la Seconde Guerre world.
The fixed allowance mentioned with the preceding subparagraph does not have the character of income for the basis taxes and taxes recovered with the profit of the State or the local authorities.
A decree as a Council of State determines the amount of this allowance, which holds account in particular of the duration of inactivity justified as well as the methods of payment of this allowance.
This request for allowance is presented within one year following the publication of the decree of application of this article.
Deliberated in public, in Paris, February 10, 2005.
Signed: Jean-Louis DEBRÉ