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137. ATD Fourth World argues that the Government is wrong to contend
(submissions of the Government on the merits, p. 12) that the integration of
travellers depends essentially on the funding provided for local authorities to
set up family plots for rent (under the aforementioned Act) and the funding of
special social housing under ordinary law. The complainant organisation
argues that what is mainly needed is willingness on the part of the local
authorities to take action, given that the establishment of family plots is
optional and that a shortage of suitable housing is not punishable by law.
- The shortage of suitable housing
138. In practice, it emerges that there is a shortage of family plots for rent,
given the needs of the population concerned. The Government does not,
moreover, indicate how many family plots for rent have been set up.
139. The complainant organisation quotes the Circular of 17 November
2003 making the PDALPDs responsible for setting up family plots for rent.
According to ATD Quart-Monde, “it is therefore regrettable that the shortage of
such plots has led to the introduction of a category ‘temporary family plot’, for
which there is no provision whatever in the legislation”, when “very poor
families are calling for the same rights to be applied to every citizen”. The risk,
therefore, is either that the temporary solution will be prolonged or that
makeshift housing will be provided, leading in practice to de facto settling on
plots not intended for the purpose.
- Shortcomings constituting discrimination
140. As it is impossible to force local authorities to implement the
arrangements for rehousing travellers’ families and, more generally, families
living in extreme poverty, most of them are left to lead a vulnerable existence.
For example, in Herblay, because of the uncertainty, and despite the prefect's
decision not to call in the police before the end of the winter and the mayor’s
decision not to enforce the fine of € 70 a day pending the results of the social
inquiry and of the meetings of the committee responsible for the municipal
social and housing plan (MOUS), families in the so-called “Trou Poulet” wood
left before the ultimatum without any rehousing arrangements having been
made. These particular families were subjected to pressure reflecting the
municipality’s determination to force them to move or a lack of information
about their situation. According to the complainant organisation, “their return
to the misery of moving from place to place is a response to the humiliation
they have suffered and to the absence of communication.”
b) The Government
141. The Government states that the lifestyle of travellers requires an
adequate number of camp facilities. The Reception and Accommodation of
Travellers Act No. 2000-614 of 5 July 2000 is intended to recognise and
guarantee this population’s lifestyle by providing for facilities to be set up
enabling them to live in mobile homes in decent conditions. On 1 January
2006, virtually all the département plans for travellers' facilities (93 of the 96)
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