In a contentious ruling on 31 March 2025, the European Committee of Social Rights (ECSR) dismissed a collective complaint from FIDH, LDH, and Kimbé Rèd F.W.I. regarding the application of the European Social Charter in the French Caribbean territories of Martinique and Guadeloupe. The Committee declared that these territories are excluded from the Charter’s scope, perpetuating unequal social rights protection for Caribbean and metropolitan French citizens.
The widespread lack of access to drinkable water combined with the impacts of chlordecone pollution is a chronic agony for the affected populations in these regions. By labelling the complaint as inadmissible, the ECSR obstructed justice and reparations for decades-long issues affecting the citizens of Guadeloupe and Martinique, highlighting the stark reality of inequitably enforced human rights in the French ‘Overseas’ territories.
Sabrina Cajoly, director of Kimbé Rèd F.W.I, expressed her discontent, stating that the ruling cements the idea that people are not born with equal rights in these regions, despite their French citizenship. Furthermore, the ECSR maintained that the European Social Charter would not apply to these territories unless France made an explicit declaration—highlighted as a “colonial clause” by the French National Consultative Commission on Human Rights.
Nathalie Tehio, President of Liga des droits humains, underscored the profound health consequences resulting from chlordecone contamination, a sin long recognised by French authorities. She lamented, “France cannot continue claiming sovereignty over these territories while treating their inhabitants as second-class citizens.”
FIDH President Alice Mogwe firmly declared that the Committee’s decision perpetuates colonial dynamics rather than challenging them. This failure to address coloniality reflects a broader decline in human rights globally, undermining the universality and interdependence of human rights.
The French government’s response merely acknowledged its failure to apply the Charter to its territories, which has dire implications for over half a million residents suffering from water contamination and shortages. In light of this, the organisations are calling for the immediate extension of the European Social Charter to these territories, insisting on urgent preventative measures such as distributing water supplies and ensuring timely information regarding water quality. Such actions could mitigate the suffering until systemic issues are resolved.
This ruling signifies a lost opportunity to enforce equality across French territories. It is pressing for member states to act and proclaim the applicability of the Charter to all segments of their populations, abolishing historic divisions based on geography.
The ECSR ruled against a complaint on social rights for Martinique and Guadeloupe, asserting the territories are excluded from the European Social Charter. This decision perpetuates discrimination among French citizens, particularly regarding access to drinking water and the evils of chlordecone pollution. Activists call for immediate legal recognition of rights and the extension of the Charter to ‘Overseas’ territories to address these pressing issues.
The ECSR’s recent ruling exacerbates discrimination among French citizens, particularly those in the Caribbean territories, preventing access to fundamental rights. Despite acknowledging the negative impacts of chlordecone pollution, the Committee chose to perpetuate a colonial status quo. Urgent calls for the extension of the European Social Charter, along with immediate humanitarian measures, are critical for alleviating the plight of affected populations and ensuring that all French citizens, regardless of their location, have equal access to their rights.
Original Source: www.fidh.org
