why is the proposal from Ugo Bernalicis, LFI deputy from the North, creating controversy?

On November 19, 2024, Ugo Bernalicis (LFI) tabled a bill in the Assembly aimed at repealing the offense of advocating terrorism. Since its submission, the Northern MP's text has sparked controversy across the entire political spectrum. We'll explain it to you.

“Which democracy can still keep its name when anti-terrorism methods are used to repress political activists, community activists, journalists or even trade unionists?“It is through this question that Ugo Bernalicis, LFI deputy for the 2nd constituency of the North, introduced his proposed law aimed at repealing the offense of advocating terrorism.

Tabled on November 19 in the National Assembly, this text was co-signed by 70 LFI deputies. According to the group, this offense would accentuate “the instrumentalization of the fight against terrorism“.

Since this submission, Ugo Bernalicis' bill has made the right and the presidential camp cringe, but why?

The so-called “anti-terrorism” law of November 13, 2014 was promulgated with the aim of strengthening the fight against terrorism by making the apology of terrorism a crime. But before, it was the law of July 29, 1881 on freedom of the press which was binding. It provided that those who had “directly provoked to acts of terrorism (…) or which [auraient] makes the apology.”

This bill is part of a desire to preserve freedom of expression.

Ugo Bernalice

MP LFI

For the rebels, the law on freedom of the press is sufficient. Ugo Bernalicis thus wishes to return to legislation prior to 2014, to the extent that current means “of the fight against terrorism in France have regularly been diverted from their purpose by the governments in place to repress freedom of expression“. Thus, exit the offense of apologizing for terrorism, and return to the offenses of apologizing for a crime, apologizing for a war crime and apologizing for a crime against humanity provided for in the law of July 29, 1881.

On this subject, he cites several examples: the journalist Ariane Lavrilleux, arrested at her home by the French internal intelligence police for having revealed state secrets; the “anti-pot” orders which prevented demonstrators from coming with portable sound devices; the proceedings against Jean-Paul Delescaut, general secretary of the CGT du Nord, prosecuted and sentenced to suspended prison terms for advocating terrorism due to comments made in a leaflet supporting Palestine.

But his latest example concerns his colleagues from LFI, Rima Hassan and Mathilde Panot, interviewed in April by the judicial police as part of an investigation for “apology of terrorism” after comments concerning the attack of October 7.

It is in the light of all these examples that Ugo Bernalicis justifies his proposed law. He concludes his text submitted to the Assembly as follows: “This bill is part of a desire to preserve freedom of expression and particularly political debate from any intrusion by repressive institutions, which cannot be confused in this matter with the necessary fight against acts of terrorism.“

Friday, November 23, Gabriel Attal sent a letter to the environmentalist and left-wing groups in the Assembly in reaction to the Insoumis proposal.

“This bill is extremely serious. A fundamental limit has been crossed: that of the respect that we owe to all victims of terrorismhe is indignant in his letter. Because the provisions which are targeted are precisely those which allow us today to repress the preachers of hatred who threaten our country and the values ​​of the Republic.”

Through this missive, the former Prime Minister therefore asks the other members of the New Popular Front to dissociate themselves from this LFI bill.

In reaction to the Insoumis text, the president of the Hauts-de-France region, Xavier Bertrand, decided to directly solicit Jean-Luc Mélenchon on his X profile.6 days after the commemorations of the terrible Islamist attacks of November 13 which cost the lives of 130 French people (…) Jean-Luc Mélenchon: how far will your elected officials go in the abject?“

The current Minister of the Interior, Bruno Retailleau (LR), also chose to react online. “LFI files a PPL to repeal the offense of condoning terrorism. It's hard to do more vile“, he wrote on X.

Faced with the media outcry generated by Ugo Bernalicis' bill, LFI executives stepped up to defend this legislative project and their deputy.

Jean-Luc Mélenchon underlines “a new aggression against LFI coming from the extreme right and slavishly taken up by the media-political officialdom. Rather than making films, read the text of the bill“.

Next step for this bill, its examination by parliamentarians. The full text is available here.

With AFP