PARIS (CN) – In a symbolic vote on Thursday, lawmakers in France’s National Assembly unanimously repealed the Code Noir, the country’s 17th-century texts governing slavery.
About a year ago, then prime minister François Bayrou was stunned during a parliamentary hearing to learn that the code had remained on the books.
“Thanks to (MP Laurent Panifous’s) question, I discovered this legal reality, which I was completely unaware of,” said Bayrou. “I pledge, on behalf of the government, that a draft law abolishing the Code Noir will be presented to Parliament and I hope it passes unanimously.”
The vote to repeal the legal framework was 254-0. The Senate is now expected to follow the example of the lower house.
Max Mathiasin, the representative from Guadeloupe who proposed the bill, said the measure was “a step forward, a tribute to enslaved men, women and children”.
President Emmanuel Macron also supported the bill on May 21 as it commemorated the 25th anniversary of the Taubira Law that recognized slavery as a crime against humanity – and made France the first country in the world to do so. He also floated the idea of reparations, but was vague.
“How to repair it … is a question that should not be dismissed,” he said. “It is also an issue on which we should not make false promises.”
But experts are raising alarm bells over the importance of Code Noir and Macron’s statements. The code has not been enforced since slavery was abolished in 1848, so its abolition will not have any concrete impact.
“The question of what France can do to correct some of this unjust, scandalous debt is something very concrete, very material, and Macron does not venture for a moment on that ground,” said Paulin Ismard, a professor at Aix-Marseille University who specializes in the comparative history of slave societies. “I mean, it doesn’t have any legal effect anymore, but it’s a cheap way to clear your conscience.”
France’s Code Noir was created in 1685 under Louis XIV and Jean-Baptiste Colbert, the minister who wrote it. It reduced enslaved people to “movable property” and laid down various rules; they would be baptized by the Catholic Church, slavery was inherited from the mother, and masters had no right to maim or kill.
There were various punishments for escaping, ranging from cutting off ears to branding people with a fleur-de-lis on one shoulder, and even the death penalty.
Frédéric Regent, a scientific advisor to the upcoming Trocadéro Memorial to the Victims of Slavery, explained that although the historical timeline corresponds roughly to that of what is today the US today – where the first slaves arrived in Virginia in 1619 under English rule – there were major differences. In countries such as Guadeloupe, Martinique and Saint-Domingue (now Haiti), enslaved people made up the majority of the population, reaching 80 to 90% of the inhabitants.
It tells of many citizens of France’s former colonies who are living precariously without sufficient support.
“So this topic is here today, in my opinion, because The French overseas territories are in a very bad situation; very high unemployment, a lot of drug trafficking, a very high percentage of single-parent families and a very low level of education, and inequalities have reproduced over time,” he said. “And so people are angry about this situation, given that we are in a period where things are getting worse, with very high inflation that has happened in recent years, but also prices have already increased further.”
During his speech on May 21, Macron said the country “can never fully repair this crime, because it is impossible” and “you will not be able to put a number on it or find words to close this story.”
However, Ismardi would not necessarily agree. In Haiti, for example, he noted the “considerable amount” of debt that “hindered the island’s development for about a century.” The figure dates back to 1825, when – after winning its independence by revolt – the fledgling nation agreed to pay 150 million francs in property claims to France, including formerly enslaved people.
Haiti was forced to take out loans and pay huge interest. Economists and specialists have tracked the lasting impacts of payments on the country’s development; or 2022 analysis set the payout at $560 million, adjusted for inflation.
“On the one hand, we can be pleased because (Macron) spoke explicitly about reparations and it’s really the first time that public authorities in France use this term,” he said. “But at the same time, while using this term, they have greatly diluted its meaning, as they talk about compensation somewhat indiscriminately, and it has no concrete content.”
Besides believing that repealing Code Noir could have unintended consequences — like leading people to believe those rules were still in place — Regent said reparations could take many forms. He believes the most effective plan would be to address deep-rooted issues.
“This is something that is very complicated because there are two types of reparations; there are individual reparations, which would try to find the descendants of former slaves and give them money,” he said. “Afterwards, there can indeed be a restorative politics — such as memorials, conversations about learning about slavery and research — but I think the main thing is to try to resolve the inequalities that persist on the ground… It’s about putting in place mechanisms that prevent the cultural and social reproduction that has taken place for four centuries.”
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