Question 17201 — veterans and victims of war

Summary

Mr. Fabrice Brun draws the attention of the Secretary of State, to the Minister of the Armed Forces, to the application of the law of October 18, 1999 relating to the Algerian war or the fighting in Tunisia and Morocco. This law, qualifying the conflict in Algeria as a "war", created a new legal situation insofar as people exposed to combat situations during the Algerian war were likely to benefit from the double campaign, as confirmed by the Council of State in its decision of March 17, 2010. Decree No. 2010-890 of July 29, 2010 grants the right to the double campaign to active military personnel and conscripts for any day during which they took part in a fire or combat action or suffered fire. This measure applies to pensions paid from October 19, 1999, the date on which the state of war was officially recognized. in Algeria. The Council of State, in its opinion of November 30, 2006, considered that the double campaign should not be granted because of the stationing of the person concerned in North Africa, but should be granted because of the combat situations experienced by the soldier or in which he took part. Since there is no legal definition of combat situation, it was decided that the dual campaign would be granted for each day “during which the combatants took part in a fire or combat action or were subjected to fire”. Article 2 of Decree No. 2010-890 of July 29, 2010 which grants the benefit of the double campaign for any day of combat or fire action is very restrictive and deprives almost all veterans of the Algerian War of the benefit of the double campaign. On the contrary, it would be appropriate to return to a definition broader expression “people exposed to combat situations during the Algerian War” contained in the law of October 18, 1999 relating to the Algerian War or the fighting in Tunisia and Morocco. It would only be justice for the survivors of the conflicts in Algeria, Tunisia and Morocco, given the particularities of this war during which exposure alone presented a real danger outside periods of combat, that the benefit of the double campaign be extended to the period of “service in a war situation” and no longer only to the days recorded and validated by the historical defense service as fire or combat actions. He asks him to indicate whether the Government would be willing to implement this measure in a context where the number of people concerned is reduced from year to year for obvious demographic reasons. Such a decision would put an end to the discriminatory and humiliating nature of the current system and would constitute a final recognition of the Nation for all combatants.

Machine translation from French. The official text remains authoritative.

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