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DIDIER FASSIN The immigration debate in France was marked in the independent administrative body to address this question.
Didier Fassin is Professor at 1990s by two important events: the growth of the sans- As a result of this report, in March 2000, Prime Minister
the Ecole des hautes tudes en papiers movement which brought the issue of undocu- Lionel Jospin announced the appointment of a national
sciences sociales and at the
University of Paris North, and mented foreigners to the fore, and the admission of the Commission for the Study of Discrimination (Groupe d-
Director of the Centre for existence of racial discrimination in various social con- tude des discriminations). The state thus recognized and
Research on Public Health texts. The significant issue here is less the phenomena in revealed the gap between the ideology promulgated in the
Issues. He has conducted
research in Senegal, Ecuador,
themselves than their eruption into public space, and the name of the republican ideal and the reality reflected in the
Southern Africa and France, consequences for French self-perception and for French daily lives of foreign residents and their families.
and his main interest is in the peoples relationship to otherness. In sociological terms these two phenomena sudden
political anthropology of On the one hand, confronted with the social movement increased awareness of undocumented foreigners and
health. His email is:
dfassin@ehess.fr. of undocumented foreigners and the support it received recognition of racial discrimination are distinct, one
from community associations, intellectuals, artists and referring to the legal status of men and women moving
even elected officials, the French public became aware transnationally in the context of globalization (Kearney
I am grateful to Miriam that those it had been accustomed to viewing as illegal 1995), the other linked with social representations and
Ticktin for her valuable help in workers were in reality often men and women who had practices vis--vis immigrants and their descendants
the translation from the
French, to Dalby, Pancho,
been settled legally in France for long periods of time. within a national framework (Bonilla-Silva 1997).
Pessin and Plantu for agreeing These immigrants were a heterogeneous group, and had Nevertheless, at the level of individual experience they are
to reproduction of their work, entered into clandestinity for various reasons: they more closely connected than they might seem, since, for
and to AT referees for helping included wives or children who had joined husbands or example, the illegitimate status of undocumented for-
me clarify my perspective on
some of the issues discussed in fathers, themselves legal residents for years, young people eigners nurtures the negative perception of immigrants in
this text. who had come as children and been prosecuted for petty general and, reciprocally, racism provides an ideological
1. For the consequences of crimes in adolescence, students who had had to abandon basis for restricting the legitimacy of transnational move-
the sans-papiers movement on their studies after failing exams, and asylum-seekers ments. More importantly, however, the two phenomena
intellectual and political life,
whose claims had been rejected. In other words, this hith- have an anthropological trait in common which has passed
see J. Benthall (1997). For an
analysis of the issue as a erto distant and illegitimate Other suddenly appeared to largely unnoticed in the heated debates that they have pro-
whole, see D. Fassin, A. be humanly close and socially acceptable. Furthermore, voked in France. Albeit in different ways, both manifest an
Morice and C. Quiminal (eds) the effects of the increasingly restrictive legislation and unprecedented form, at least in the French context, of man-
1997.
2. Publicization of racial
administrative practices of the past 25 years brought to agement of immigrant populations.
discrimination is also a major light the extent to which the state and civil society were In the case of undocumented foreigners, as all other pos-
issue in the British and North responsible for the very production of this illegality.1 The sibilities of getting a residence permit were progressively
American debate, as shown by sans-papiers movement was widely supported, as a 1998 restrained by successive legislation, health and illness
M. Banton (1999). For an
approach to the phenomenon poll bears out: one in two French people, rising to two in have increasingly become the most legitimate ground for
in France, see P. Bataille three young people, were of the opinion that all undocu- awarding legal status from the point of view of both the
(1998). mented foreigners should be given legal status. In a similar state authorities and lawyers and advocates of the immi-
3. While Foucault did not
spirit, the socialist government elected in June 1997 was grants cause. In the same way, while civil and political
discuss the theme of
immigration explicitly, his prompted to issue a ministerial instruction defining criteria rights have been increasingly eroded by repeated modifi-
analyses are pertinent, from for legalization from which 80,000 immigrants subse- cations of the law and by unmonitored administrative
the administration of the quently benefited, and promulgated a new law on the entry practices, the widely recognized legal right to health care
suffering body which is
inscribed in the logic of help
and residence of foreigners. has hardly been challenged, even by the most conservative
to live and allow to die of On the other hand, French peoples belief that France participants in the immigration debate. The suffering body
biopolitics (1976), to the was promoting an almost unique model of republican inte- has imposed its own legitimacy where other grounds for
handling of the racialized body gration, bypassing both the communitarianism and the recognition were increasingly brought into question.
which is incorporated in his
piece on the race wars xenophobia which often characterized other countries In the case of racial discrimination, the political change
(1997). policies, was confronted with evidence that discriminatory resulted from another form of bodily inscription. Until
4. The collected works of practices based on assumed racial differences were multi- very recently, as far as immigrants were concerned, the
Godelier and Panoff (1998)
shed light on this question in
plying in French neighbourhoods, schools, factories, only differences that the French were prepared to
relation to societies that are courts, hospitals and night clubs, mostly targeting people acknowledge related to culture, either promoted or stig-
either socially or of African origin. It became clear that inequalities had to matized; the only inequalities that they allowed them-
geographically distant, but are be analysed not simply in terms of the traditional cate- selves to examine derived from nationality, i.e. from a
totally silent on the production
of the body in the gories of social class, profession, or even nationality, but legal definition of identity. All other distinctions, particu-
contemporary Western world. also from the point of view of origin, real or presumed, as larly those based on physical traits or biological character-
5. These statistics for the identified through skin colour or foreign-sounding names. istics, were unanimously condemned, to the point of
period 1988-97 are published Officially presented as an effort to avoid further stigma- defining the political boundary between the acceptable and
by the French Office for the
Protection of Refugees and tizing immigrants and their descendants, the denial of unacceptable, between legitimate political parties and the
Stateless People (OFPRA). these practices had long served to enforce a law of silence extreme right. Thus denied, racial discrimination was
The rise in 1998 does not within both the political and the scientific spheres. assumed to be inexistent, in spite of all proofs to the con-
contradict this analysis, since
half of the agreements concern
However, during the 1990s a series of studies, investiga- trary. For the state and also for civil society, the current
children of refugees who have tions, legal actions and public interventions by human recognition of a discrimination apparently based in
reached the age of majority, rights and anti-racist groups gradually began to expose this nature, unacceptable though it is, is thus a radical inno-
leading Legoux (1999) to blind spot.2 In 1998, for the first time, an official report by vation. The racialized body has become the most illegiti-
estimate the real number of
new refugees at 2200. the High Council on Integration (Haut conseil lintgra- mate object of social differentiation, yet one whose
6. These unpublished tion) focused on the issue of racism through an account of existence can no longer be denied.
figures were obtained from the discrimination in France and proposed the creation of an The two phenomena in fact correspond to two different