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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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