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(en) France, OCL CA #337 - Blood, soil, etc. (ca, de, fr, it, pt, tr)[machine translation]

Date Wed, 13 Mar 2024 10:04:15 +0200


Visiting Mayotte on February 11, 2024, Darmanin arrived - to the boos of the Forces vives - alongside the new Minister Delegate for Overseas Territories, Marie Guévenoux[1], preceded by the commando of around fifteen cows. boys from GIGN... The political-media ranting trumpets a Wuambushu 2 operation placed under the double sign of the "iron curtain" and the "punch"... ---- "Punch" in perspective of "systematic arrests" and "massive" - in other words raids - against "foreign delinquency", in a situation deemed "insurrectionary": where the correlation dear to the far right between immigration and insecurity intersects with a typically colonial rhetoric of counter-insurgency, effect of an ever more compulsive militarization of the migration issue.
"Iron curtain" in the water, as in bourgeois law of which the tragic puppet of Place Beauvau sets himself up as master-sorcerer.

The first spell targets the right of the ground. From February 1, Darmanin presages a constitutional parade in the form of a final assault against the law of the land... in Mayotte - after having been disavowed on the issue by the Constitutional Council within the framework of its Asylum & Immigration law... A rogue at will: "We will have to change, in the Constitution, the rules of land law and access to nationality if we want to radically change things in Mayotte" (lemonde.fr, February 1). Not without having first renewed a few tactical jabs at the attention of "complicity in good Mahorese society" in matters of immigration deemed illegal (X, February 10), Darmanin announced upon his arrival on the island a revision of the Constitution - to be adopted, by referendum or parliamentary vote - with a view to the end of land law, "circumscribed to the archipelago of Mayotte"... In addition to the intrinsic coloniality of such an ultramarine differentiation of law (already permitted by the article 73 of the Constitution), the a priori restrictive nature of this repeal would nonetheless constitute a Trojan horse conducive to its subsequent application throughout the national territory, as the right and the extreme right are calling for. again in chorus, like Jordan Bardella: "This is a good start since we have been calling for the abolition of land rights for the entire country for twenty years now. We are making progress..." (mayottehebdo.com, February 12).

The second fate concerns the territorialized residence permit, which the Mahorais Forces Vives, elected officials, politicians and trade unionists[2]are demanding to be repealed. Recently, Darmanin spoke of Mayotte as an "internal border" intended to "cut off[migratory]flows... practical for the rest of the Republic, but this poses very important questions for Mayotte, which considers itself a cul-de-sac. -sac" (lemonde.fr, February 1). Barely setting foot on the tarmac, the disaster proclaimed the end of the territorialized visa.

This double fate reveals the extent to which bourgeois law functions here as the instrument of exclusion... from human rights. Darmanin: "Since we will have many fewer residence permits and we will no longer have the possibility of being French when we come to Mayotte, territorialized visas are no longer necessary." By the magic of a putative intention, the end of the territorialized residence permit, combined with the pure and simple abrogation of land law[3], would have the effect of "literally cutting off the attractiveness" of Mayotte upstream of the migration process than to allow downstream free movement of the people concerned towards Reunion or mainland France. Especially since this legal trance is accompanied by a calculated double purge, whether it concerns family reunifications (to be "divided by five... in Mayotte"[4]) or the allocation of residence permits ( to be reduced by 80% to 90%[5]).

While awaiting the draft of a Mayotte law, an enterprise of legislative forcing which is preparing to renew by the Mayotte route the measures struck by the unconstitutionality of the Asylum & Immigration law, the Forces Vives - more or less won over by what the press local government is already calling it the "Mamoudzou Accords" - are considering the upcoming lifting of the blockades, upon receipt of a written commitment from the government...
*
Faced with the escalating effect of such an escalation that is as racist as it is reactionary, a strictly constitutionalist and republican (that is to say bourgeois) criticism of the iniquitous and discriminatory character of the separate abrogation of land law arises. turns out to be partial and even truncated. Indeed, the certainly laudable principles of common equality and territorial indivisibility which it claims in matters of public law, can easily be turned against themselves, through the, so to speak, maximalist means of a resolution by the worst: if the differentiated abrogation of land law contravenes the principles of indivisible equality before the law, then... "it must be abolished throughout France" (Zemmour, lefigaro.fr / February 12), to the extent that "the end territorialized visas in Mayotte... would open the doors of the metropolis to holders of a residence permit on the archipelago" (Ciotti, ibid.)... And France Mayotte Matin to outbid African migrants from the Cavani camp -stadium currently being dismantled: "Refugees who arrived illegally in Mayotte will therefore not be welcome in mainland France..." (February 12, 2024).

How can we therefore formulate and engage in an emancipatory critique of this separate abrogation, in the very future of its generalization to the entire national territory? How can we not (only) lean on the categories of a simple legal battle, certainly not negligible in that it can constitute a strategic variation among others, but limited due to the circular and hopeless trap of its normative tautology, always stated from the point of view of the State, from within the order? It is so obvious that it is not a question of saving the retentionist Republic by itself. French or not, the State essentially functions - even if legally - as the geopolitically situated regulatory instrument of a global migratory trade, a transnational variable of a capitalist management of the labor force, including supernumerary workers.

In fact, the immediate fight in defense of a land right is of course decisive for the people directly concerned by the administrative perpetuation of their status, the personal and/or family stabilization of their stay or the legal regularization of their survival on the land. territory. However, land nonetheless remains the category of a right whose criteria, conditions and blackmail (duration of residence, parenthood, work, etc.) recall the extent to which its legal formulation is none other than the expression of the class interests (not devoid of internal contradictions) of the capitalist bourgeoisie. In addition to the ideological bloodshed which can influence it, restrict it or call it into question, the fluctuating legality of the land accompanies the modular exploitation of migratory flows which provide labor - or simply cross - this territorial segment of the world economy to which the nation-State form affixes the fetishized France logo. In this sense, land law has as its de facto basis an intrinsically unequal social relationship, structured by the exchange of goods, first and foremost human goods. From this point of view, the soil designates an area of reproduction of value of which the law defines in some way the formal loop, inevitably renewing the Manichean hierarchies of the inside and the outside, the archaisms originating from the native and the foreign. .

In this regard, the law of blood never ceases to torment the law of the soil, which regularly returns to it through the back door of its identity scullery, never really condemned. The National Socialist blubo, the blut und boden / blood and soil that Richard Walther Darré erected under the Third Reich as a programmatic paradigm of his Ministry of... Agriculture, already attested to the fact that soil and blood constitute the two contrasting sides of the same false ideological and legal currency.

Neither blood nor soil would thus formulate the perspective of a resolutely emancipatory migration policy which would involve above all getting rid of such a signifier, often cynical, if not disappointing in view of the economic, political and climatic disasters due to which millions of people expose themselves to the random conditions of exile, when it is not the organized terror of human trafficking to which they are the object, from the smuggler to the boss.

Here as elsewhere, in equality: not by belonging or nationality but by justice; not by birth or residence but by existence.

Gamal Oya,
February 13, 2024.

To read on the OCL website:
* Mayotte of an abjection (February 8, 2024)
* A review of Operation WAMBUSHU (February 8, 2024)

To read in Alternating Current
* Mayotte, towards a genocidal drift? (October 2023)
* MAYOTTE / COMOROS ARCHIPELAGO: Genealogy of a policy of the worst (June 2023)

On the site use the keyword "Mayotte"

Notes
[1]In such a context, which can embody, not only for Mayotte but for the entire archipelago, the appointment to this position of a close friend of Alain Madelin, a neoliberal postfascist who practiced active lobbying in favor of the secession of Anjouan, one of the three islands of the Union of the Comoros, from 1997 to 2001? The strategic continuum of a French double-detente policy, capable of maintaining Mayotte as much as the Union of the Comoros under the differentiated but skillfully articulated regime of the same postcolonial subordination. Former member of Liberal Democracy, Alain Madelin's party of which she was also a parliamentary collaborator, Marie Guévenoux chaired the Young People movement with Madelin for a time, before joining LREM in the entourage of Édouard Philippe

[2]Inserted at F.O. and member of the Forces vives, Zafira Ahmed declares: "When will the end of the territorialized visa be?» (lefigaro.fr, February 11)

[3]Already tightened in 2018, the soil law required for children born in Mayotte that one of their parents had, on the day of birth, been regularly present on the national territory for more than three months, condition then non-existent for mainland France. From now on, according to Darmanin, "it will no longer be possible to become French if you are not yourself the child of French parents" (francetvinfo.fr, February 11)

[4]The agent of this demographic purge appears to be particularly active: certify a regular presence of three years on the island as well as a residence permit valid for five years in order to be able to submit an application, while the Asylum & Immigration law only requires eighteen months of presence and a one-year residence permit for France.

[5]According to Darmanin, the prefecture would issue 800 to 1000 residence cards per month

http://oclibertaire.lautre.net/spip.php?article4084
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