| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: ANDORRA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ANDORRA
The Principality of Andorra became a parliamentary democracy in
March 1993 when its Constitution was approved by popular
referendum. Andorra had been governed by two co-princes
representing secular and religious authority since 1278. Under
the new Constitution, the two Co-Princes, the President of
France and the Spanish Bishop of Seu d'Urgell, serve coequally
as Heads of State. Elections were held in December to choose
members of the Consell General, the Parliament, which selects
the Head of Government. Members of the judiciary are appointed
for 6-year terms. Andorra has no defense forces and only a
small internal police force.
For centuries Andorra's economy was based on agriculture,
mainly sheep raising and tobacco growing. In recent years
Andorra thrived on its duty-free status within the European
Community (EC). Tourism boomed and dozens of luxury stores,
hotels, and restaurants were built. With creation of the EC
Unified Market, however, Andorra lost its privileged status and
suffers from economic recession. Tourism is still an important
source of income, especially during the skiing season, but has
fallen dramatically. Due to banking secrecy laws, the
financial service sector is growing in importance. Many
immigrant workers live in poor conditions.
In 1989 the European Parliament (EP) concluded that human
rights, as they are defined in the European Convention on Human
Rights, were generally respected in Andorra. However, the EP
expressed uncertainty regarding the exercise of the right of
association, noting that although not strictly forbidden, there
were no political parties. It expressed concern also about the
lack of labor unions and the absence of many social benefits
common to other countries in the European Community. With the
approval of a new Constitution in 1993, a process of
potentially significant political change commenced. The
Constitution proclaims as basic principles respect for the
promotion of liberty, equality, justice, tolerance, defense of
human rights, and dignity of the person. The rights of free
association and assembly are guaranteed, but the Constitution
is unclear regarding the right to strike.
Only Andorran citizens, who represent 18 percent of the total
population, are eligible to vote. Until 1992 only those born
in Andorra of at least one Andorran parent could become
citizens. That was broadened in October 1992 to include
long-term residents and spouses of Andorran citizens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There was no evidence of any form of political or other
extrajudicial killing. There have been no reports of deaths
due to excessive police brutality.
b. Disappearance
There are no known instances of politically motivated
disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution guarantees all persons the "right to physical
and moral integrity" and states that no one shall be subjected
to torture or to cruel, inhuman, or degrading treatment or
punishment. These rights are honored in practice. There have
been no cases of torture, cruel and inhuman punishment, or
grievous injury by police or prison personnel. Penal
conditions are exemplary.
d. Arbitrary Arrest, Detention, or Exile
There are constitutional guarantees against arbitrary arrest or
detention. Charges must be brought within 48 hours of arrest.
The Constitution protects citizens' rights to due process of
law. It provides for the accused's right to legal counsel, and
free legal counsel is provided to indigents. It also provides
for the presumption of innocence, the right to trial within a
reasonable time (prisoners awaiting trial may be held only up
to 3 months), to be informed of charges and not to testify
against oneself, and the right to appeal.
e. Denial of Fair Public Trial
The Constitution calls for an independent judiciary, and in
practice it is free of executive branch interference. Justice
is organized and administered by the five-member Superior
Council of Justice. One member each is appointed by the two
Co-Princes, the Head of Government, the President of the
Parliament (known as the Syndic) and collectively by members of
the lower courts (magistrates and bailiffs). Constitutional
issues and appeals are decided by a separate Supreme Court. A
public prosecution system enforces the law and supervises the
police.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution protects Andorrans from unlawful interference
with their "privacy, honor, and reputation." Private dwellings
are considered inviolable. No searches of any private premises
may be conducted without a juridically issued warrant. Private
communications also are protected by law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of expression, of communication, and of information is
constitutionally protected and respected in practice.
Preliminary censorship or any other means of ideological
control on the part of the public authorities is prohibited.
One radio station operates in Andorra, and two newspapers and
three weekly magazines are published there.
b. Freedom of Peaceful Assembly and Association
The Constitution respects the right to meet and assemble for
any lawful purpose. Under the new Constitution adopted in
March, political parties are permitted for the first time.
Political parties and workers' organizations tend to be
centered on political personalities rather than formal party
groupings.
c. Freedom of Religion
The Constitution guarantees freedom of religion, and it is
respected in practice. The Constitution also acknowledges a
special relationship between the Roman Catholic Church and the
State "in accordance with Andorran tradition." The Catholic
Church receives no subsidies from the Government.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on domestic or foreign travel or on
emigration or repatriation. Andorra has no formal asylum
policy, and at year's end had no political refugess in
residence. However, Andorra has a long tradition of providing
asylum to refugees. Asylum requests are evaluated on a
case-by-case basis.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Andorra has made sweeping political changes in the last decade
or so, progressing from a basically feudal system to a
parliamentary democracy. It had been governed by two
Co-Princes since 1278 when the Principality was formed by
agreement between the Spanish Bishop of Seu d'Urgell and the
French Count de Foix. The French title passed to the kings of
Navarre and then to the kings of France (1607). Andorra's
feudal status caused the French to break their ties following
the French Revolution, but in 1806 Napoleon reestablished the
link at Andorra's request. The title of co-prince devolved
onto the President of France. The Co-Princes are represented
in Andorra by delegates (delegados); in addition, the French
and Spanish Governments now have ambassadors in Andorra's
capital, Andorra la Vella.
Andorra's Parliament dates from 1419. The Consell de la Terra
was created to deal with abuses by the Co-Princes. The Consell
General, which replaced it in 1868, broadened the participation
of Andorrans in their own affairs. Elections have been held
every 4 years to select four representatives from each of
Andorra's seven parishes. The Consell is presided over by the
Syndic and, since 1981, elects the head of government.
The establishment of the Executive Council in 1981 was a major
step toward democracy. The Council, composed of the Head of
Government and four counselors, took over the day-to-day
governing of the country. However, the Co-Princes, Consell
General, and Head of Government deadlocked more than once over
proposed changes. A draft Constitution clearly separating
executive, legislative, and judicial powers was finally
completed 12 years later. More than 70 percent of eligible
voters participated in the referendum which approved the new
Constitution in March. Elections were held in December for new
members of the Consell General. The Consell General selected a
new Head of Government, Oscar Ribas, in January 1994.
Women have played a relatively minor role in Andorran
politics. They have enjoyed full suffrage only since 1970.
Few women have run for office in the years since, and only two
have held cabinet-level posts in the Government. Only 1 of the
28 Deputies in the new Consell General is a woman. There are
no formal barriers to the participation of women in Andorran
politics; however, it is a conservative society, resistant to
social change, and access to its closed world of politics is
very difficult.
A most important change brought about by the new Constitution
was the partial democratization of the Consell General.
Previously, representatives were elected by parish, which gave
more weight to the less populous parishes. In some cases the
differences were quite substantial. Under the new arrangement
half will be elected by parish and half according to population.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no government restrictions to prevent it, no
group to monitor human rights in the country has been formed.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution declares that "all persons are considered
equal before the law and prohibits discrimination on grounds of
birth, race, sex, origin, religion, opinions, or any other
personal or social condition," although Andorran law grants
many rights and privileges exclusively to citizens.
Until 1992 only those born in Andorran territory to at least
one Andorran parent were considered citizens. Under new
legislation, citizenship may be granted to those born to
foreign parents and living in Andorra since 1975, to those
living continuously in Andorra since prior to January 1960, and
to those married to Andorrans, provided they have lived in
Andorra continuously for 3 years. The law does not permit dual
nationality. The new Constitution grants noncitizens the right
to own businesses, previously not allowed.
The largest group of foreign residents are Spanish nationals,
who make up 47 percent of the population. Other considerable
foreign groups are the French, Portuguese, British, and
Italian. A relatively small number of North African and
African immigrant workers are employed mostly in agriculture
and construction.
Immigrant workers do not enjoy equal rights with Andorran
citizens. They lack many social benefits paid to residents and
in many cases live in deplorable conditions. The cost of
living in Andorra is quite high, and workers employed in
low-wage industries often cannot afford the normal housing
costs. Many of them live in trailers or crowded apartments,
with as many as 8 or 10 people sharing quarters designed for
4. Many such workers are in Andorra on temporary work
permits. These permits are valid only as long as the job
exists for which the permit was obtained. A worker hired on a
temporary contract loses his work permit when the contract
expires; if unable to find new employment, the worker quickly
becomes an undocumented alien with no visible means of support
and is therefore deportable.
Women
There is no legal discrimination against women, either
privately or professionally. There are no available data on
the incidence and handling of domestic violence cases. (See
also Section 3.)
Children
There is no evidence of any special commitment to children's
rights and welfare, although there is no indication of any
problems in this area.
People with Disabilities
Some, but not all, public buildings and public places provide
facilities for handicapped access. Government spokesmen affirm
that there is no discrimination against people with
disabilities.
Section 6 Worker Rights
a. The Right of Association
Article 18 of the Constitution recognizes the right of all
persons "to form and maintain managerial, professional, and
trade union associations without prejudice." The Constitution
provides that a Registry of Associations is to be established
(through future legislation) and maintained. At year's end,
there were no labor unions in Andorra. Though government
officials said this was because no organizations had applied
for recognition, the nonofficial Sindicato Andorrano de
Trabajadores (Andorran Workers' Union - SAT) reported that it
did apply for official recognition last spring, but there was
no response to the application. The SAT plans to reapply after
the new government is in place. Strikes were illegal under the
old system, and the new Constitution does not state explicitly
that strikes are permitted. This issue is to be addressed by a
law on worker rights which was under preparation at year's end.
b. The Right to Organize and Bargain Collectively
Article 19 of the Constitution states both "workers and
employers have the right to defend their own economic and
social interests." There is an official minimum wage, set by
government regulations. Other, higher wages are established by
contract. The Parliament is charged with adopting legislation
to regulate conditions governing the exercise of this right so
as to guarantee the functioning of essential services to the
community. Unbiased observers note that the threat of
immediate dismissal is a powerful deterrent to any complaints
from workers, especially as there is no unemployment
insurance. This strongly inhibits workers from organizing
effectively to press their case. Antiunion discrimination is
not prohibited under current law; this issue, too, is to be
addressed in the draft legislation on workers' rights.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not specifically probibited by law, but it has
never been an issue. There is no forced labor in Andorra.
d. Minimum Age for Employment of Children
Children under the age of 18 are normally prohibited from
working although in exceptional circumstances children who are
only 16 may be allowed to work. Child labor regulations are
enforced by the Labor Inspection Office within the Ministry of
Social Welfare, Public Health, and Labor. That office does not
routinely inspect workplaces but responds to complaints.
e. Acceptable Conditions of Work
The workweek is limited to 40 hours, although longer hours may
be required. The legal maximums for overtime hours are 66
hours per month and 426 hours per year. The minimum wage is
approximately $4.50 per hour, which is nationally mandated. In
principle, it is enforced by the Labor Inspection Office, but
self-enforcement by custom is the norm. The current minimum
wage is inadequate for a worker and family in Andorra, where
living costs are quite high.
Complaints center on the lack of job security--workers may be
dismissed without notice and receive social security and health
benefits for only 25 days; thereafter, there is no unemployment
insurance. Foreign workers who contribute to the social
security system are ineligible to receive retirement benefits
if they do not remain in Andorra after retirement; however,
they may apply for a lump-sum reimbursement of social security
contributions when they leave the country. Retirement benefits
are controlled by a board composed of Andorran nationals,
although they represent only a small portion of the work
force. There is no special court or board to hear labor
complaints.
The Government sets occupational health and safety standards,
but enforcement is very loose, as there are no routine
inspections. There is no legislation giving workers the right
to remove themselves from dangerous work situations without
jeopardy to their continued employment.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.