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TITLE: LIECHTENSTEIN HUMAN RIGHTS PRACTICES, 1993
DATE: JANAURY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LIECHTENSTEIN
The Principality of Liechtenstein is a constitutional monarchy
and parliamentary democracy whose present Constitution dates
from 1921. The reigning Prince is the Head of State. All
legislation adopted by the unicameral legislature (Landtag)
must have his concurrence. The Government, whose members are
proposed by the Landtag and appointed by the Prince, is
responsible for the entire administration of the State. After
the Head of Government lost a confidence vote in September,
Parliament voted, pursuant to constitutional procedure, to ask
the Prince to remove him from office. Instead, the Prince,
citing the lack of legitimacy for any new government head,
dissolved Parliament and scheduled elections for October. The
Vaterlaendishe Union won an absolute majority of seats but
chose to govern again with its former coalition partner,
Fortschrittliche Burgerliche Partei.
The Principality's police force maintains internal order and is
aided by a part-time auxiliary police force. Both
organizations are under the control of the elected Government
and operate under procedures consistent with respect for human
rights.
Despite its small size (29,386 population of which over
one-third are noncitizen resident foreigners) and limited
natural resources, Liechtenstein has developed during the last
3 decades from a rural agrarian society into a prosperous,
highly industrialized, free enterprise economy with an
important service sector. Through a 1923 treaty, it
participates in a customs union with Switzerland and uses the
Swiss franc as its national currency. Liechtenstein voted on
December 13, 1992 to join the European Economic Area (EEA).
Unemployment stood at 1.2 percent in 1993. The people of
Liechtenstein enjoy a very high standard of living.
Individual human rights are ensured by the Constitution and
protected in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There is no history of politically motivated or other
extrajudicial killing, and none is known to have occurred in
1993.
b. Disappearance
There have been no known abductions, secret arrests, or
clandestine detentions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel punishment are prohibited by law, and there
were no reports of violations.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest and detention is guaranteed by
law and observed in practice. Any person detained by the
authorities must appear before an examining magistrate not
later than 24 hours after arrest. The magistrate must either
state formal charges or release the prisoner. The right to
legal counsel is guaranteed. If the accused cannot afford
representation, the State provides the cost of defense.
Release on personal recognizance or bail is granted unless the
examining magistrate believes the person is a danger to society
or will not appear for trial. There is no provision in the
legal system for exile, and it does not occur.
e. Denial of Fair Public Trial
The judiciary is separated from the executive and legislative
branches. The Constitution provides for public trials and
judicial appeal. Liechtenstein has a three-tier system of
courts: Lower Court, High Court, and Supreme Court. The
Constitution provides also for an administrative court, which
hears appeals against government decisions. A State Court,
which protects the rights accorded by the Constitution, decides
on conflicts of jurisdiction between the law courts and the
administrative authorities and acts as a disciplinary court for
members of the Government.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for personal liberty and the
inviolability of the home and of letters and telephone
conversations, including the freedom from wiretaps. Police
need a judicial warrant to search private property. No
violations have been reported.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
An independent press, effective judiciary, and democratic
political system combine to ensure freedom of speech and
press. There are two newspapers, each representing the
interests of one of the two major political parties. There are
no private television or radio broadcasting facilities within
the Principality, but residents receive radio and television
broadcasts from neighboring Switzerland, Austria, and Germany,
and many are also cable television subscribers.
There is one government-owned television station. A suit
brought to protest the exclusive use of the channel by the
Government during the 1992 EEA debate was thrown out of court.
The Government granted permission for a private radio station
to be established in 1994, contingent on 50-percent ownership
by citizens of Liechtenstein. Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
The freedoms of assembly and association are protected by the
Constitution and observed in practice. Although permits must
be obtained for public meetings and demonstrations, they are
routinely given.
c. Freedom of Religion
Liechtenstein enjoys religious freedom. The state church is
Roman Catholic, and 87 percent of the population practices that
faith. The finances of the state church are integrated
directly into the budgets of the national and local
government. Catholic or Protestant religious education is a
compulsory part of the school curriculum, although parents may
request government permission to exempt their offspring. Other
denominations are entitled to practice their faiths and to hold
religious services. Foreign clergy are free to perform their
duties.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens have the freedom to travel in or outside the country
and can emigrate without difficulty. There is no restriction
on repatriation of citizens from abroad. As Liechtenstein has
no airport or international train station, it is not a country
of first asylum. The few applicants for asylum are returned to
the authorities of one of the two neighboring entry points,
Switzerland or Austria. Liechtenstein seeks assurances from
the two countries that asylees will not be forced to return to
countries in which they have reason to fear persecution.
Liechtenstein's asylum policy was put to the test in October,
when 18 Tibetan refugees arrived in the country, claiming
persecution in Tibet. They were granted permission to stay for
3 months. The Prime Minister said that they would not be
returned to Tibet. Liechtenstein is discussing the matter with
Switzerland and Austria. If the refugees make formal
application for asylum, it would require an act of Parliament
to grant the request.
Despite the lack of asylum law, Liechtenstein does make
provision for refugees on a case-by-case basis. In 1993
Liechtenstein accepted 44 Bosnian refugees who will be
permitted to remain at least until the violence in their
homeland ends.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The monarchy is hereditary in the male line. The unicameral
legislature, comprising 25 deputies, is elected by the people
every 4 years by proportional representation. The Constitution
provides for the right to vote, which is universal, equal,
secret, and direct. A coalition of the two major political
parties, the Vaterlaendische Union and the Fortschrittliche
Burgerpartei, has formed the Government since 1938. Although
there are historical differences between these two parties, as
well as disagreements over some local issues, a high degree of
political consensus exists. The rights of emerging opposition
and splinter groups are respected. For the first time in 55
years, in 1992 a third party, the Freie Liste, which focuses on
environmental issues, entered the legislature.
In late August Head of Government Marcus Buechel was asked by
his own party to step down because he allegedly misinformed and
ignored them. He refused to resign, even after a parliamentary
vote of no confidence on September 14. Subsequently the
Parliament voted, pursuant to constitutional procedure, to ask
the Prince to remove Buechel. The Prince instead dissolved
Parliament and called for new elections. The elections were
held in late October. The Vaterlaendishe Union won an absolute
majority of parliamentary seats but chose to govern again in
coalition with its former Fortschrittliche Burgerliche Partei
partners Mario Frick was installed as Prime Minister on
December 15.
The electorate regularly makes use of its right to participate
in initiatives and referendum. Women gained the right to vote
in national elections in 1984 and have exercised this right.
The Landtag presently has two female members. The Executive
Council of Five contains two women, one of whom participated
also in the previous government. All major parties have
committees to address the concerns of women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The only known human rights group based in Liechtenstein,
Justitia, is an informal group of several persons who monitor
prison conditions and assist foreign workers with immigration
matters. Justitia was founded by church members to address the
needs of Liechtenstein's marginalized persons and operates
without government restriction.
There have been no requests for the investigation of human
rights violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
There is no legal discrimination on the basis of race,
language, or social status. There were no reported incidents
of abuse of minorities. Of the resident foreigners, 87 percent
are from Switzerland, Germany, Austria, and Italy. The
remainder is composed of citizens of Turkey, Spain, Greece, and
the former Yugoslavia. It is possible for foreigners who have
been resident in Liechtenstein for 5 years to become citizens
through an acceptance vote of the local community. The process
is expedited for wives and children of citizens.
Women
A 1992 constitutional amendment guaranteed women equality under
the law. All relevant statutes concerning citizenship and
residency rights, social security and unemployment insurance,
education, taxation, and conditions in the workplace are to be
revised to conform to this equal rights amendment and must be
presented to Parliament before 1996. Revisions of the law
became linked to Liechtenstein's entry into the EEA, which was
projected to take place in mid-1994. For instance, legislation
to give women equal pay for equal work is to enter into force
with Liechtenstein's entry into the EEA.
Several groups monitor and promote women's rights. They report
that the Government is cooperative with respect to their
concerns and in some cases provides financial support. The
social and traditional discrimination that still persists
hinders opportunities for women in fields that have been
traditionally dominated by men, and at present there are no
legal means to redress discrimination. Wife beating is
prohibited by law and is prosecuted in practice. Liechtenstein
has facilities through which women who are victims of violence
may obtain help and counseling. In 1993, 536 women were
sheltered overnight because of violence or threat of violence
from a spouse or partner.
Children
There is no pattern of societal abuse against children. The
Government supports programs intended to protect the rights of
children and matches contributions made to the four
nongovernmental organizations involved in children's rights
concerns.
People with Disabilities
Liechtenstein has not legislated accessibility for the
disabled. Government programs to provide supplemental
financial support for disabled persons are being revised. An
organization dedicated to promoting the interests and rights of
the disabled works together with international disabled rights
organizations.
Section 6 Worker Rights
a. The Right of Association
Labor-management relations in Liechtenstein are conducted
according to the Swiss Code of Obligations. All workers,
including foreign workers in Liechtenstein, have the freedom to
associate, join the unions of their choice, and select their
union representatives. The existing social peace, in part due
to the high standard of living, has resulted in a low demand
for organized worker representation. The one trade union
comprises 13 percent of the work force but looks after the
interest of nonmembers as well. It is a member of the World
Confederation of Labor, although it is represented at meetings
by the Swiss National Christian Trade Union.
Workers have the right to strike except in certain work
categories, as outlined in work contracts and agreed to by the
employees concerned. Labor unrest is virtually nonexistent.
No strikes are known to have taken place in the last 25 years.
Liechtenstein's law does not have specific protections for
strikers. Employers may dismiss employees for "refusal to
work." Such dismissals may be contested.
b. The Right to Organize and Bargain Collectively
The law provides workers the right to organize and bargain
collectively. This right is recognized for all professions.
Because of Liechtenstein's reliance on Swiss practice,
collective bargaining agreements are, as a practical matter,
generally adapted from similar agreements already negotiated by
Swiss industry. Agreements so adopted have not been contested
in the past 25 years. The last such agreement came into force
in January 1989 in the metals industry.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and does not
exist in practice.
d. Minimum Age for Employment of Children
The employment of children under the age of 15 is prohibited.
Children are required to remain in school for 9 years. Child
labor laws are enforced by the Government, and adolescent
workers are provided special protection by law.
e. Acceptable Conditions of Work
There is no national minimum wage; wages are high. The law
sets the maximum workweek at 45 hours for white collar workers
and employees of industrial firms. The maximum in other areas
is 50 hours. In practice, the average workweek is 40 to 43
hours. Workers under the age of 20 receive a minimum of 5
weeks of vacation. After they are 20 they receive a minimum of
4 weeks.
Occupational health and safety standards are set by law and
protect the worker in the workplace. A safe working
environment is enforced by the Department for Worker Safety.
The trade union also monitors working conditions. There were
no allegations of worker rights abuses, other than disputes
over contractual obligations.
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