Montgenèvre is a well-known ski resort in the Alps, at an altitude of 1850 m, and is a crossing point for migrants on the French-Italian border. Exiled people began crossing these mountains in 2016, first via the Col de l’Echelle and then, as of 2017, via Montgenèvre. They arrive via the ‘Balkans route’ or ‘directly’ from Italy if they have crossed the Mediterranean. After stopping overnight in Oulx, an Italian town 20 km from Montgenèvre, they climb up to the border town of Clavière, then cross the mountain on paths that can reach altitudes of over 2,000 m, and finally arrive in Briançon, the sub-prefecture of the Hautes-Alpes department, 10 km from Montgenèvre, after walking for several hours. On average, there are between 4,000 and 6,000 crossings a year, with many more in recent months.

In addition to the hostile mountain environment and extreme weather conditions in winter, the crossing is made even more difficult due to the presence of the police and the army. Since November 2015, the French authorities have re-introduced internal border controls, and have increased the military presence on the border, with ever more numerous and equipped personnel.

The regime applied at the border is as follows: people are stopped, identity checks are carried out at the border police station, entry into France is refused and people are systematically sent back to Italy[1]. A detention facility adjoining the border police station is used to keep people arbitrarily detained during identity checks, before they are sent back. The violations of people’s rights that take place at the border on a daily basis are documented: no individual interview to determine the person’s situation, exceeding the authorised number of hours of detention, the inability to apply for asylum[2], limited access to an interpreter, no access to a lawyer, the absence of systematic access to a doctor when requested. All these violations take place in the more general context of internal borders that are being illegally re-established[3] .

What are the consequences of this militarisation for people trying to cross the border? They take increasingly circuitous and difficult routes to avoid controls, sometimes hiding in the snow, they are chased by the police, they escape and fall on dangerous terrain. In winter, they are exposed to the risk of frostbite and hypothermia, and in summer to the risk of dehydration, especially pregnant women and young children who are with their families. People are physically and psychologically exhausted when they arrive, due to their sometimes multiple attempts to cross the border and their often very long and trying migratory journeys. Some also die, freezing or drowning, and some go missing[4] .

“You are disheartened and it is very difficult. You go up the mountain, you’re short of breath, you’re out of breath and there they are, the police, at the top. You run back down to escape them, you fall on stoney ground. I was covered in cuts, my friend twisted his knee. Another time, we stayed in the mountains for 24 hours without eating or drinking. And yet another time, they caught us, locked us up and sent us back to Italy. But we made it, by the sweat of our bodies. You don’t have to pay here. I got here thanks to my body and my willpower.” Witness account of M., a young Cameroonian who arrived in France after 4 attempts.

After this gruelling passage through the mountains, the exiled people who manage to get past the regime of systematically being sent back need to find a refuge to rest, eat, get warm and receive first aid before continuing their journey. The 115 emergency accommodation service never responds to calls for shelter, as it is saturated (only 5 places in the entire Briançon area). As the current mayor of Briançon does not wish to address the migration issue, there are no common law facilities to take care of those who arrive or any accommodation that is adapted to their needs at the border. Given this situation, the only assistance is from volunteers, i.e. citizens, activists and members of associations who are inventive, reactive and keen to show that a dignified welcome is possible for exiled people who cross the neighbouring border.

Where does a national NGO like Médecins du Monde fit into this picture?

Citizen-based solidarity with exiled people began in 2015 with the opening in Briançon of the first reception and orientation centre (CAO)[5], managed by MAPEmonde, for foreign nationals already living in France (for example, people who had been redirected from the Calais jungle). Spontaneous initiatives to host people in private homes were gradually put in place, with 200 homes hosting exiles in the Hautes-Alpes on a one-off or a more permanent basis, until the Refuges Solidaires association was created in 2017.

Then, in 2016, the first exiled people crossed the border, a journey that ended in tragedy. Wearing trainers, trapped by nightfall, with snow up to their waists, one of them had to have their feet amputated due to frostbite. Another had his hands amputated. This intolerable situation immediately mobilised the people of the Hautes-Alpes. Driven by the slogan, ‘No deaths in our mountains’, mountain professionals (guides, trackers and rescuers) scoured the mountains to help people trying to cross the border. Italian solidarity groups also organised themselves to provide warm clothing and warn of the risks involved in crossing the border. Little by little, the movement grew, with activists from outside the Briançon area joining the local solidarity groups to form a pool of outreach volunteers who scoured the mountains, particularly in winter.

In light of this local solidarity related to the issue of migration, the growing number of people crossing the border and the increase in healthcare needs linked to the crossing, Médecins du Monde approached local actors in 2017 to provide support. Due to this support, the Refuges Solidaires association was provided with premises by the Briançon local authorities who were reassured that the young association had the backing of a national NGO.  MDM then began its first healthcare project, which was built from the outset with the Permanence d’accès aux soins de santé (Healthcare Access Unit) at Briançon hospital, so that it was based on common law, one of the NGO’s core values.

In 2019, Médecins du Monde began to take part in mountain searches through a partnership with the citizen-based movement Tous Migrants, and set up a Mobile Shelter Unit. This Unit is a vehicle with the MDM logo that travels around the mountains, with a driver from Tous Migrants who is familiar with the mountain environment and an MDM healthcare worker who is capable of assessing the state of health of the people they meet. A programme aimed at reducing the physical and psychological risks associated with mountain crossings was also established. More generally, the presence of an NGO on the ground provided real support and a degree of protection for local actors, particularly in a context where the state is distrustful of the citizens who provide this assistance.

The assistance to exiled people in Briançon involves a wide range of actors with different roles, political beliefs and modes of action. Briançon is isolated because of its geographical location, but a whole network of diverse partnerships has been established since 2015 on the issue of migration, between associations, NGOs, citizen groups, religious groups, independent activists, field researchers and various donors. Networks are being created and nurtured at different levels with the other borders of the region, as shown by the creation in 2017 of the Coordination d’actions aux frontières intérieures (CAFI)[6], a network of five national associations coordinating their actions at the three borders that France shares with Italy, Spain and Great Britain. In addition, the continuity of action over time provides real opportunities for discussions, debates and cross-fertilisation, so that complementary strengths can be promoted with the common primary objective of assisting exiled people.

However, despite the incredible energy deployed, it is also necessary to highlight the many cases of exhaustion that there have been. Faced with a state that has not lived up to its responsibilities and, at the same time, has been hostile, many people have really been damaged, both physically and mentally, by this particularly difficult political context.

Towards the criminalisation of solidarity at the border

During its outreach work in the mountains, Médecins du Monde experiences the pressure and intimidation that is aimed at activists: multiple identity checks during the same evening by the same team of gendarmes, tailing the car to prevent them from taking any action, inappropriate comments from the police, questioning of medical authority, abusive or even fraudulent fines, and sometimes obstacles to healthcare when healthcare workers have to negotiate a referral to the hospital in Briançon for people sheltered in the MDM vehicle.

To denounce these abuses and assert that humanitarian action must be able to be carried out freely, Médecins du Monde tries to develop advocacy actions using various approaches, such as lobbying, setting up alliances, using communication tools and mobilising public opinion. The public authorities know about its programme, and the prefect has recognised its role (“In such a context, the work of associations such as yours makes perfect sense“). He has also stated that he “will ensure that your associative freedom to help others for health and humanitarian purposes will be respected“. In addition, Médecins du Monde maintains dialogue with the prefecture, and meetings are requested in connection with the CAFI and with our partners Tous Migrants and Anafé[7] to report our observations from the field and the violations of rights that have taken place. These exchanges allow us to improve our understanding of the arguments that are used, so that we can then deconstruct them more effectively using our data and legal expertise.

Two other advocacy tools are proving useful to help make progress on the border issue. Firstly, parliamentary mobilisation: MPs and senators can meet with associations, make field visits, put questions to the government or to special committees, or they can table bills based on observations made on the ground[8]. Secondly, we regularly provide information to independent administrative authorities by drafting referrals on individual situations or a worrying context: this is done regularly, working with other associations, with the Défenseur des droits, in conjunction with the ethics unit, on the obstruction of shelter activities by the police.

Communication is an effective means of bringing attention to ridiculous situations at the border. Take, for example, an article by anthropologist and doctor Didier Fassin[9] in the newspaper Libération, denouncing a fine that was abusively imposed on outreach workers in the Médecins du Monde vehicle. The subject of the offence was “disturbance of the peace at night by slamming doors”. An original offence at the border, and the fine was subsequently cancelled for all those who had been present.

We could also mention two unjustified fines issued to outreach workers in 2021, which, this time, was contested by Tous Migrants and Médecins du Monde, who went all the way to the Police Administrative Court to defend the case. In the end, the judge ruled in favour of the two outreach workers involved, cancelling their fines and stating that “the situation was very serious”[10]. These decisions show the police that they are on the wrong side of the law and that we are able to respond to their actions. The following winter, inappropriate behaviour by the police towards Médecins du Monde was less common… Did one thing cause the other? Difficult to say, but it is quite possible.

The context can change rapidly: a change of mayor or prefect, tougher migration policies… Doors open, others close just as quickly. It is therefore vital to be vigilant, to observe, to centralise our data, to report and challenge irregularities, to continue to communicate about the border and its practices, to shed light on what is happening and alert public opinion.

Emergency accommodation in the Briançon area: another political issue

In 2020, when the municipal authority changed, Refuges Solidaires lost the premises that had been made available by the Communauté de communes. Volunteers and associations subsequently mobilised their entire network to ensure that assistance could continue to be provided. A building was bought by various benefactors and a project was developed for a place where exiled people would be able to receive assistance. Refuges Solidaires, Tous Migrants, the Eko! association, Secours Catholique and Médecins du Monde were all part of this project, called Terrasses Solidaires. Aid actors had adapted, taken responsibility and innovated in the face of government inaction.

In November 2021, Refuges Solidaires were unable to cope with the demand and the owners of Terrasses Solidaires decided to close the building. The exiled people occupied Briançon train station for two days and then, under the threat of eviction, a humanitarian corridor was created to accompany them to Sainte-Thérèse parish church. For three weeks, the church then became the new temporary home for the exiled people, with strong support from the bishop and the parish priest. Médecins Sans Frontières supported the new camp by donating an emergency tent. Coalitions were formed, motivated by common struggles. Communication and lobbying of the public authorities began, and all the local energy and solidarity was mobilised at the new site. The only action by the government was to reinforce the police presence at the border to prevent crossings, which is costly, ineffective and dangerous, as everyone then knew. Campaigns had highlighted the situation and raised public awareness, which is another essential way to gain political leverage.

Two years later, in August 2023, Terrasses Solidaires closed their doors again. The number of border crossings was increasing, the reception capacity was insufficient and it was no longer possible to assist the exiled people appropriately. However, a new phase of lobbying and communication was put in place. Still without success and with increasing weariness. There are very few possibilities to engage in advocacy, the window of opportunity is small and France’s migration policy is getting tougher, with yet another “asylum and immigration” law on the drawing board.

The mobilisation of citizens, activists and associations in Briançon since 2015 has led to collaboration, the creation of alliances and relevant and complementary projects. There is a great deal of positive social experimentation, but it is also exhausting. In a context where migration policies are becoming tougher, it is difficult to gain political leverage. In the past, politicians listened to national NGOs, and some of their recommendations were taken on board. Today, they have less of a say. It is no longer enough to discuss with the public authorities. Legal action is becoming essential to ensure that the law is respected. Here too, there are limits: many cases are lost, and some are won with a result that does not meet the needs of the people concerned. And, favourable decisions by the administrative courts do not always have an impact on the ground.

A few final thoughts…

The attempt to provide exiled people with appropriate assistance has been a human, civic and political adventure. Below are a number of observations of various kinds; a number of lessons learned to help with the struggles to come in the months and years ahead:

• The engagement of NGOs should be deeper and more meaningful, and should be more radical, in the original sense of the term, i.e. “getting to the root of the problem”, by getting out of our comfort zone and confronting the difficulties on the ground even more. We should work more closely with actors who focus on more global issues and fight against the various mechanisms at work in the creation of North/South inequalities, the ecological crisis and migratory movements.
• Common cause coalitions should continue to be developed at the national level, but also at the local level, with municipal authorities who are committed to welcoming migrants, for example in the ANVITA network.
• Large-scale legal action in several contexts should be considered, such as the recent initiative by Strasbourg City Council on emergency accommodation issues[11] .
• In the 1980s, Médecins du Monde carried out illegal activities to improve access to healthcare for marginalised groups. For example, risk reduction initiatives for drug users implemented in the field did not fit into any legal framework. Despite this, MDM showed that these could be recognised because they met a fundamental need for the people concerned. There may be avenues to explore here in terms of civil disobedience.
• Political lobbying should be put on hold, and resistance sites should be established where exiled people can receive appropriate assistance. Show that it is possible and develop models of the experience for subsequent recognition by the public authorities if the context allows.
• Finally, it is through the actions of solidarity movements and associations that mechanisms that are the most respectful of people emerge. It is therefore essential to continue to propose ideas and innovate. But we need to be vigilant, given the many experiences on the ground and the increase in state repression. We need to find ways to “care” for solidarity workers if we want to be able to maintain this solidarity over time.

[1] Unaccompanied minors are not systematically sent back. They can declare themselves at the border station and be taken into care by the departmental authorities. However, some minors are still turned back, and minors who have declared themselves to be adults on their arrival on the island of Lampedusa (Italy) in order to continue their journey are not considered to be minors if they present themselves as such at Montgenèvre.

[2] In the Conseil d’État’s decision of 5 July 2017, no. 411575: “Considering, thirdly, that the provisions mentioned in point 4 provide for a specific legal regime for foreign nationals presenting themselves at the border and requesting to benefit from the right of asylum (…); that, again, no circumstances can justify non-compliance with these provisions with regard to foreign nationals presenting themselves at the French-Italian border”.

[3] This re-establishment has been renewed every 6 months since 2015 on the grounds of a persistent “threat” in the eyes of the State: a terrorist threat or one linked to population movements or, in 2020, a health crisis. The case was recently referred to the Court of Justice of the European Union (CJEU), which ruled on 26 April 2022 that the reintroduction of checks at internal borders can only be exceptional and cannot be allowed to become the norm over time, in accordance with the principle of freedom of movement within the Schengen area and therefore contrary to the practice of the French authorities. The CJEU therefore ruled that the identity checks carried out as part of the re-establishment of the French border had exceeded this duration and were illegal.

[4] 9 people have died since 2016 at the French-Italian border: frozen, missing or drowned, and the reason for death unknown for one person. Their names were Mohamed, Douala, Tamimou, Mohamed Ali, Mohammed Mahayedin, Fathallah, Ullah, Blessing and Moussa.

[5] MAPEmonde (Mission d’Accueil des Personnes Etrangères), a service provided by the MJC-Centre Social du Briançonnais, which chooses to rely on the existing social fabric for accommodation, administrative support and French lessons.

[6] Since spring 2017, Amnesty International France, La Cimade, Médecins du monde, Médecins sans frontières and Secours Catholique-Caritas France have been coordinating their actions on the various aspects affecting the fundamental rights of migrants and refugees at the French-Italian border. These 5 NGOs, who complement each other in terms of skills, active local networks and partnerships with other actors in France and Italy (including local citizens’ networks), and have a strong reputation among the general public and public authorities, are working together to denounce the serious violations of people’s rights at this border. In early 2019, they extended their joint advocacy to the French-Spanish and French-British borders.

[7] Founded in 1989, the Association nationale d’assistance aux frontières pour les étrangers (Anafé) promotes the rights of foreign nationals who find themselves or have found themselves in difficulty at borders or in waiting areas.

[8] In 2019, CAFI approached various parliamentary groups with a view to setting up a committee of enquiry into the fundamental rights of migrants at French borders. A parliamentary committee of enquiry was finally set up in May 2021 in the French National Assembly on “migration, population movements and the living conditions and access to the law of migrants, refugees and stateless persons with regard to France’s national, European and international commitments”. The issue of criminalising solidarity was raised.

[9] Didier Fassin conducts research into social, political and moral issues in contemporary societies. He is also a volunteer on the Médecins du Monde mission in Briançon, and given his reputation, he has been able to publish a number of articles.

[10] One of the fines was for not wearing a seatbelt, even though the outreach worker was wearing a seatbelt. The official report was never presented to them, even though it stated “refusal to sign”. The contradictory times in different versions and papers made it possible to establish the truth.

[11] In December 2022, the mayor of Strasbourg – Jeanne Barseghian – launched an appeal to all mayors and associations to take the state to court over its “failure” to provide shelter to homeless people.