Protests – UAB Institute for Human Rights Blog

The Parisian Protests

Perhaps, recently, you have seen TikToks, videos, or news broadcasts discussing the ongoing protests in Paris. If you are not sure what is going on, do not fright. In this blog, I will discuss this topic and hopefully help bring to light what the current French demonstrations mean.

What is Article 49.3?

The Arc De Triomphe — (source: yahoo images)

Before we can get to discussing the protests in Paris, we must first talk about a crucial fact about the protests: the fact that they started due to a feature of the French Constitution. Article 49.3 of the French Constitution, put lightly, allows the government to push through a piece of legislation without the approval of France’s lower house of parliament, the National Assembly.

This legal maneuver is completely legal and has been in practice since 1958, when it was introduced by Charles De Gaulle. Despite this, many French citizens see Article 49.3 as undemocratic. This is not a surprising assertion, as using Article 49.3 forgoes one of the most rudimentary components of democracy—votes.

However, the government is not completely unchecked. After Article 49.3 is used, lawmakers who oppose the published legislation have 24 hours to file a no-confidence motion against the government. A one-tenth majority amongst the lawmakers in the lower house is required for the motion to go to the floor where it is debated. For the next couple of days, debate and voting about the bill will take place amongst the politicians.

For the no-confidence motion to succeed and reject the bill, it must get an absolute majority of votes. That is, more than half of the lawmakers must vote to reject the bill pushed forward by Article 49.3. If the motion does not get an absolute majority, the motion fails and the bill remains.

Notably, successful no-confidence motions are rare in France. The reasoning for this is that a successful no-confidence bill not only stops a bill from being enacted, but removes the Prime Minister and Cabinet from office (the president remains). Due to this, many lawmakers who are loyal to their higher-ups in government may hesitant in voting in favor of the no-confidence motion, as it will end up “toppling” the government.

Interestingly, since Article 49.3 was legitimized in 1958, only one successful no-confidence motion has ever passed. It was in 1962.

The Protests

Paris in the summertime — (source: yahoo images)

Now that we have constructed an understanding of the French legal system, we can look into exactly what has sparked protests and how Article 49.3 was involved.

On March 16, 2023, France’s president, Emmanuel Macron, pushed a bill via Article 49.3 that raised the retirement age in France from 62 to 64. This sparked widespread protests in Paris, the capital of France, as citizens deemed this move by Macron to be undemocratic. Allegedly, Macron used Article 49.3 because he calculated that his bill would not pass if it went to the National Assembly. Interestingly, it has been reported that this move was an unprecedented move by Macron, as even members of his own party urged him not to invoke Article 49.3.

As has been aforementioned, after Macron’s move, citizens took to the streets of Paris and began protesting. Garbage fires, road blockages, and even graffiti were some of the things conducted by the protestors. In fact, the protests were so widespread at some point that visitors arriving at Charles De Gaulle, France’s biggest airport, were unable to order rides into the city as roads were blocked.

Therefore, it ought not to be surprising that lawmakers instantly filed a no-confidence motion against Macron and his bill. However, after debate and deliberation, the no-confidence motion was unsuccessful, which falls aligns with the motion’s typical fate. On March 20th, the motion was voted on and only received 278 votes out of the 287 votes required to nullify the bill and unseat the government.

Moving Forward

What the failure of the no-confidence motion means, we have yet to find out. However, what we do know is that moving forward, the bill proposing the change in the retirement age from 62 to 64 will become law. Currently, protests are still ongoing in Paris. Whether or not they will continue, we have yet to find out. Moreover, what lawmakers will do about the fact that their constituents are protesting a bill is also unknown.

However, this series of events in France has raised a meaningful question: how much authority do the people of a nation have over the government? Should the people dictate how the government is run? Does government reflect the people, or do the people reflect the government?

Empirically, it seems that the majority of the French oppose this bill. Yet, despite this, it was not only enacted by their president, but it failed to be overturned by lawmakers. However, if there is one motif the French have instilled in history, it is the motif of representation of the people. One only needs to look to the French Revolution, and all of the many revolutions afterward, to be remained of the fact that the French take pride in their nationality, and will simply not rest until the government reflects the ideals of the people.

Demonstrations in Chad: Violent Suppression of Free Speech

On October 21st, the thunderous crack of tear gas grenades echoed throughout the streets of Chad as palls of black smoke billowed into the horizon. The security forces in Chad’s two largest cities, Moundou and N’Djamena, indiscriminately opened fire onto an anti-government protest. About 50 people were killed and nearly 300 injured in violence that broke out in response to the delaying of the country’s transition towards civilian rule. Hundreds of protestors took to the streets to demand a quicker transition to democratic rule. They were met with internal law enforcement using tear gas and firing live ammunition to disperse the protest. Protesters threw stones; some unverified photos showed a few individuals with knives, but no evidence was found to indicate that protesters carried guns. It began with demonstrators advancing despite police releasing tear gas. However, once the police opened fire, demonstrators were forced to flee, with some helping to carry away the injured and dead. Saleh Kebzabo, the prime minister, announced the death toll at a news conference, explaining that the security forces acted in self-defense.

Former President Idriss Deby walking in front of Chad's military forces. — Source Yahoo Images

Chad’s political background

In April 2021, President Idriss Deby died after three decades of iron-fisted rule, sparking a period of political turmoil in the vast, military-run Central African nation of Chad. Mahamat Idriss Deby, his son, seized power shortly after the coup and promised that elections would take place after an 18–month transitional period. However, on October 1st, he postponed the democratic elections by 2 years. October 21st would have marked the end of the initially agreed 18-month transition period, which is why oppositional groups decided to hold the protest that day. The military junta serves to incite the underlying political challenges facing Chad. With a rise in extremist violence and deep social problems, Chad has recently seen a series of coups d’états.

Demonstrators raise fists in defiance of Chad government — Source Yahoo Images

Global Responses

The Office of the High Commissioner for Human Rights (OHCHR) condemns the repression of demonstrations that led to deaths in Chad. Ms. Shamdasani, spokesperson for OHCHR stated that “Defense and security forces must refrain from the use of force against peaceful protesters and ensure that force is not used unless strictly necessary and, if so, in full compliance with the principles of legality, precaution, and proportionality.” Lewis Mudge, Central Africa director at Human Rights Watch, concurs, “People should be able to peacefully protest government policy without being shot at or killed.” The International Federation for Human Rights (FIDH) and its Chadian organizations, the Chadian League for Human Rights (LTDH) and the Chadian Association for the Promotion and Defense of Human Rights (ATPDH) have called for an immediate end to the violent repression of the demonstrations taking place in N’Djamena, Sarh, Doba, Koumra, Abeche and Moundou by the defense and security forces. No longer can the impunity enjoyed by the Chadian transitional regime endure.

Human Rights Violations

What is going in Chad is a violation of human rights that threatens all of us. The preservation of human rights is imperative since these rights protect vulnerable groups as well as help fight against unjust cultural and religious practices that infringe on the rights of individual citizens. As a society that treasures the sanctity of human rights, we have a duty to be watch–dogs that safeguard these rights so that all rights, including ours, are protected. Article 19 of the United Nations Declaration of Human Rights guarantees everyone the right to free speech. Violence against unarmed protesters is not tolerable. Access to the democratic election process is the cornerstone of modern state governance. By deciding who governs, elections give citizens a voice in their government in the most fundamental way. Protecting voter rights preserves the integrity of the election, and therefore legitimizes government. A government without legitimacy is a failed state that cannot accomplish anything. Chad has a responsibility to its citizens to protect and respect their rights to peaceful assembly, freedom of expression, and freedom of opinion. Although conflict has been a regular feature since the country’s independence, these protests are the culmination of the current mixture of internal volatility and factionalism. Anyone who lives in the free world and values their liberty should be concerned for their own rights. It is important for Chad’s international partners to support civil society so that they can reduce violence risks and promote human rights. The deadly aftermath should serve as a harrowing reminder that our own human rights are in jeopardy if this situation is not remedied.