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TITLE:  MONACO HUMAN RIGHTS PRACTICES, 1993                             
DATE:  JANUARY 31,1994
AUTHOR:  U.S. DEPARTMENT OF STATE

                       MONACO


Monaco, with a population of 30,000, is a constitutional 
monarchy in which the sovereign Prince plays a leading role in 
governing the country.  The Prince names the four-member 
Government, which is headed by a Minister of State, assisted by 
Counselors of Government for the Interior, for Public Works and 
Social Affairs, and for Finance and the Economy.  Each is 
individually responsible to the Prince.  Legislative power is 
shared between the Prince and the popularly elected, 18-member 
National Council.  There are in addition three consultative 
bodies, whose members are appointed by the Prince.  These are 
the 7-member Crown Council, the 12-member Council of State, and 
the 30-member Economic Council, which includes representatives 
of employers and the trade union movement.

The national police force has four branches, including an 
investigative one.  Security duty and ceremonial representation 
are carried out by the "Carabiniers du Prince."  All these 
forces are controlled by and responsive to government officials.

The principal economic activities in Monaco are services and 
banking, light manufacturing, and tourism.

Individual human rights are provided for in the Constitution 
and respected in practice.  The Constitution distinguishes 
between those rights that are guaranteed all residents and 
those that apply only to the 5,000 who hold Monegasque 
nationality.  The latter include free education, financial 
assistance in case of unemployment or illness, and the right to 
vote and hold elective office.  The 1993 National Council 
elections brought a second political party into the Council for 
the first time.  Women traditionally have played a less active 
role than men in public life, but this is changing.  Women 
currently hold both elective and appointive offices.  The first 
female police officers were hired in 1993.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Such incidents are unkown in Monaco.


     b.  Disappearance

There were no instances of disappearance or abduction.

     c.  Torture and Other Cruel, Inhuman, or Degrading 
         Treatment or Punishment

Such practices are barred by the Constitution.  These 
prohibitions are respected in fact.  There is no public record 
of any complaint of police brutality.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution bars arbitrary arrest.  Arrest warrants are 
required in all cases other than those in which the detainee is 
taken into custody while committing an offense.  The detainee 
must be brought before a judge within 24 hours to be informed 
of the reason for the arrest and his rights under the law.  
Most detainees are released without bail, but an individual may 
be held in investigative detention if the investigating 
magistrate has reason to believe the person might flee or that 
his release would compromise the magistrate's investigation of 
the case.  The initial 2-month period of detention may be 
renewed if necessary.  Those detained have the right to 
counsel, at public expense if necessary.

Attorneys have access to detainees.  Family members may see the 
detainee at the discretion of the investigating magistrate.

     e.  Denial of Fair Public Trial

Under the 1962 Constituion, the Prince delegated his judicial 
powers to an independent judiciary which renders justice in his 
name.  The right of fair, public trial is guaranteed in law and 
respected in practice.  The defendant has the right to be 
present and the right to counsel, at public expense if 
necessary.  As under French law, a three-judge tribunal 
considers the evidence amassed by the investigating magistrate 
and hears the arguments presented by the prosecuting and 
defense attorneys.  The defendant enjoys a presumption of 
innocence.  Exercise of the right of appeal must be made within 
10 days in criminal cases and 30 days in civil ones.


     f.  Arbitrary Interference with Privacy, Family, Home, or 
         Correspondence

The individual's right of privacy in personal and family life, 
at home, and in correspondence is guaranteed by the 
Constitution and respected in practice.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and the Press

Freedom of expression is guaranteed.  The Monegasque Penal 
Code, however, prohibits public denunciations of the ruling 
family.  Several local periodicals are published in Monaco.  
Foreign newspapers and magazines, including editions of French 
papers that specifically cover news in the Principality, 
circulate freely.  Foreign radio and television are easily 
received.  The television and radio stations that broadcast 
from the Principality operate in accordance with French and 
Italian regulations.  Academic freedom is respected.

     b.  Freedom of Peaceful Assembly and Association

The Constitution gives Monegasque nationals the rights of 
peaceful assembly and association.  Outdoor meetings require 
police authorization.  Such authorization is not withheld for 
political or other arbitrary reasons.  Associations must be 
registered and authorized by the Government.

     c.  Freedom of Religion

Roman Catholicism is the state religion.  Free practice of all 
other religions is guaranteed in law and respected in fact.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

Residents of Monaco move freely within the country and across 
its open borders with France.  Monegasque nationals enjoy the 
rights of emigration and repatriation.  They can be deprived of 
their nationality only for specified acts, including 
naturalization in a foreign state.  Only the Prince can grant 
or restore Monegasque nationality.  On such questions, he is 
obliged by the Constitution to consult the Crown Council.


Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

The fundamental difference between the Monegasque Constitution 
of 1911 and the 1962 Constitution which replaced it is that the 
latter cannot be suspended, nor can it be revised except by 
common agreement between the Prince and the National Council.  
The Prince plays an active role in government, exercising his 
authority in conformity with the provisions of the Constitution 
and Monegasque law.  Specifically, the Prince names the 
Minister of State (in effect, the Prime Minister) from among a 
list of names proposed to him by the French Government.  He 
names as well the three Counselors of Government (of whom the 
one responsible for the interior is normally a French 
national).  Together the four compose the Government.  Each is 
individually responsible to the Prince.

Only the Prince may initiate legislation, although the 18- 
member National Council may send proposals for legislation to 
the Government for consideration.  Passage of legislation and 
adoption of the budget require the assent of the Council.  
Elections, which take place every 5 years, are free and by 
secret ballot.  All adult Monegasques have the right to vote. 
Two political parties are currently represented on the 
Council.  There is one independent member.

The Constitution provides for three consultative bodies.  The 
seven-member Crown Council (composed exclusively of Monegasque 
nationals) must be consulted by the Prince regarding certain 
questions of national importance (ratification of treaties, 
dissolution of the National Council).  He may choose to consult 
it on other matters as well.  The 12-member Council of State 
advises the Prince on proposed legislation and regulations.  
The 30-member Economic Council advises the Government on 
social, financial, and economic questions.  One-third of its 
members come from lists proposed by the trade union movement 
and one third from those prepared by the employers' federation.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

While the Government imposes no impediments, no local groups 
devoted to monitoring human rights exist.  There have been no 
requests from outside groups to investigate human rights 
conditions in Monaco. 


Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution provides that all Monegasque nationals are 
equal before the law.  It differentiates between rights that 
are accorded nationals (including preference in employment, 
free education and assistance to the ill or unemployed) and 
those guaranteed to all residents (freedom of religion, 
inviolability of the home).

     Women

Women are becoming increasingly active in public life.  The 
Mayor of Monaco is a woman, as is one member of the National 
Council.  Six of Monaco's 19 lawyers are women, as are 6 of 41 
physicians and 8 of 22 dentists.  No comparable statistics are  
available for women in the business world, where women are not 
as well represented as in the professions.  The law governing 
transmission of citizenship was recently revised to assure 
equality of treatment between men and women who are Monegasque 
by birth.  However, women who acquire Monegasque nationality by 
naturalization cannot transmit it to their children, whereas 
naturalized male citizens can.  Violence against women is 
unusual.  Marital violence is strictly prohibited.  Married 
women may bring criminal charges against their husbands should 
such incidents occur.

     Children

The Government is committed to protecting children's rights and 
welfare.  Government subsidies to families with children begin 
with the birth of the first child.

     People with Disabilities

The Government has mandated that public buildings provide for 
access by the disabled.

Section 6  Worker Rights

     a.  The Right of Association

Workers have been free to form unions since the end of World 
War II.  Fewer than 10 percent of workers belong to unions, and 
relatively few of these are resident in the Principality.  
Unions are independent of both the Government and Monegasque 
political parties.  At its origin, however, the Monegasque 
trade union movement was assisted by the French General 
Confederation of Labor (CGT), which has links to the Communist 
Party.  The Constitution specifies that workers enjoy the right 
to strike in conformity with relevant legislation.  Government 
workers, however, may not strike.  Several small strikes took 
place in 1993.  The Monegasque Confederation of Unions has 
requested the Government to join the International Labor 
Organization (ILO), which it has yet to do.  The Confederation 
itself sought membership in the European Confederation of 
Unions, but its initial application was refused, possibly 
because of its early association with the Communist CGT.  A 
subsequent application was pending at year's end.

     b.  The Right to Organize and Bargain Collectively

The law provides for the free exercise of union activity.  
Workers are guaranteed by law the same salary received by 
comparable workers in the neighboring area of France plus 5 
percent.  They are free to negotiate higher wages with their 
employers if they can.  Agreements on working conditions are 
negotiated between organizations representing employers in a 
given sector of the economy and the union representing workers 
in that sector.  Antiunion discrimination is prohibited.  Union 
representatives can be fired only with the agreement of a 
commission that includes two representatives of the employers' 
association and two representatives of the labor movement.  
Allegations that an employee has been fired for union activity 
may be brought before the Labor Court, which can order, inter 
alia, the payment of damages with interest.

     c.  Prohibition of Forced or Compulsory Labor

Such practices are outlawed in Monaco and do not exist.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 16 years.  Special conditions 
apply to the employment of workers aged 16 to 18.  Attendance 
at school is mandatory to age 16.  The attendance requirement 
is enforced by the National Education, Youth, and Sports Agency.

     e.  Acceptable Conditions of Work

The legal minimum wage for full-time work is $1,047 (6,180 
French francs) per month.  Most workers receive more than the 
minimum wage.  The legal workweek is 39 hours.  Health and 
safety standards are fixed by law and government decree.  These 
standards are enforced by health and safety committees in the 
workplace and by the government Labor Inspector.


[end of document]

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