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TITLE: SAN MARINO HUMAN RIGHTS PRACTICES, 1993 DATE: JANUARY 31, 1994 AUTHOR: U.S. DEPARTMENT OF STATE SAN MARINO San Marino is a democratic multiparty republic with a population of 24,000. Legislative authority is vested in a unicameral parliament, the Great and General Council (GGC). Executive authority is exercised by the 12-member Congress of State (the cabinet), composed of 2 Captains Regent and 10 members chosen by the GGC. The Captains Regent are assisted by three Secretaries of State (Foreign Affairs, Internal Affairs, and Finance) and by several additional secretaries. The Secretary of State for Foreign Affairs has come to assume many of the prerogatives of a Prime Minister. Police forces are centralized in one organization, the Civil Police, which has three branches, including an investigative branch. Security and ceremonial representation are performed by two military corps, the Gendarmerie and the "Guardie di Rocca." These forces are controlled by and responsive to elected government officials. The principal economic activities are tourism, farming, and light manufacturing. Tourism, a vital seasonal industry, provides nearly half of the country's revenues. In addition to income, corporate, and sales taxes, the Government derives most of its revenue from the sale of coins and postage stamps to collectors throughout the world and from payments of an annual budget subsidy by the Italian Government under the terms of the Republic's Basic Treaty with Italy. Individual human rights are provided for in the Legal Code of the Republic and respected in practice. San Marino's legislature and government have demonstrated a strong interest in and commitment to the protection of human rights, but some laws, in particular with regard to transmission of citizenship, discriminate against women. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing Neither government forces nor opposition organizations engaged in political or extrajudicial killings. b. Disappearance There were no cases of disappearance or abduction. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Torture and other cruel, inhuman, or degrading treatment or punishment are prohibited by law, and there were no reports of violations. d. Arbitrary Arrest, Detention, or Exile There were no reports of arbitrary arrests, detentions, or exile. e. Denial of Fair Public Trial The rights of the accused are protected by procedural safeguards which are guaranteed by law and observed in practice. Judicial arrest warrants are required. Detainees may not be held more than a few days without being formally charged or released. Although there is no legally prescribed limit on pretrial detention, San Marino's uncrowded criminal dockets ensure that the courts hear most cases within days or weeks. The procedural law grants trial judges considerable discretion in this regard, but there were no indications in 1993 of any abuse of this authority. The right to a public trial and legal counsel is provided. The accused may request that a court-appointed attorney be provided at no cost. There is no incommunicado detention, and the accused may not be compelled to answer questions or make statements without having an attorney present. Judicial authority is turned over in part to Italian magistrates in both criminal and civil cases. Cases of minor importance are handled by a local conciliation judge. Appeals go, in the first instance, to an Italian judge residing in Italy. The final court of review is the Council of Twelve, a group of judges chosen for 6-year terms (four replaced every 2 years) from among the members of San Marino's Great and General Council. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence. The concept of privacy of the home is respected by the authorities. Judicial warrants are required for searches. The privacy of correspondence, including telephonic communications, is also protected. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press Freedom of speech and press is respected. There is no government censorship. While there are no daily newspapers, periodicals are published irregularly by the Government, political parties, labor unions, and business associations. A private press publishes a weekly bulletin with local news. Such news is also available in local editions of several Italian dailies. Daily television news coverage of San Marino is broadcast by a private Italian television station located in Italy. This program is financed both through advertising and a contribution by the San Marino Government. A recent Italy-San Marino bilateral agreement established a new television station (Telesanmarino) financed in equal shares by the San Marino Government and Italy's public television network. This station began operations in March. The television portion of San Marino Radio-Television broadcasts 3 hours of fiction and special programs a day, generally provided by the Italian government-owned RAI-TV Corporation. The radio station broadcasts news every hour, 12 hours a day, plus music and locally produced programs. b. Freedom of Peaceful Assembly and Association There is freedom of peaceful assembly. In order to hold a rally or demonstration, a San Marino citizen must inform the police. No permits are required unless parking areas are to be used. Permits are routinely granted. Freedom of association is respected, as is academic freedom. c. Freedom of Religion Freedom of religion is respected. The majority of the population is Roman Catholic. 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 Foreign travel, emigration and repatriation are freedoms enjoyed by all citizens. San Marino is not a signatory to the 1951 Convention Relating to the Status of Refugees, although officials on several occasions have expressed the country's intention to accede to the Convention. Although San Marino does not formally offer asylum to refugees, a few individuals have been given de facto asylum by being permitted to reside and work there. Refugees resettled in San Marino and other foreigners are eligible to apply for citizenship only after 30 years of residence. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government Legislative authority is vested in a unicameral parliament, the Great and General Council (GGC), consisting of 60 members who normally are elected to serve 5-year terms. The Council is also the body that would consider any basic changes to the system of government. Any group of 150 San Marinese citizens may petition the GGC to propose a new law. In the week following installation of the Captains Regent, any San Marinese citizen may approach the Captains Regent at a special open forum to request the examination of any subject whatsoever. The Captains Regent are obliged by centuries-old custom to take up that subject in the GGC during their term in office. Executive authority is exercised by the 12-member Congress of State (the cabinet), composed of 2 Captains Regent and 10 members chosen by the GGC. The Captains Regent are elected by the Council from among its members for 6-month terms. Their functions are largely honorary, although they also preside over meetings of the Council and the Congress and are empowered to propose legislation and to represent San Marino in its foreign relations. The Captains Regent are assisted by three Secretaries of State (Foreign Affairs, Internal Affairs, and Finance) and by several additional secretaries entrusted with specific portfolios. The Congress of State is composed of executives who head the various administrative departments of the Government. These posts are divided among the parties that form the coalition government. The Secretary of State for Foreign Affairs has come to assume many of the prerogatives of a prime minister. Membership in the GGC is based on proportional representation and is selected from nominee lists submitted by the political parties. Voting is open to all citizens 18 years of age or older. Women gained the right to vote in the early 1960's, voting in national elections for the first time in 1964. Elections in San Marino are free and fair. Elections are held every 5 years unless the GGC votes to dissolve itself and hold early elections. Six parties are represented in the parliament. General elections, held in May, confirmed the Christian Democratic Party (DCS) and the Socialist Party (PSS) coalition which has governed since March 1992. As in recent years, the Government offered to pay 75 percent of the travel costs for approximately 6,000 citizens living abroad to return to San Marino to vote in the election. There have been no impediments to women participating in government or politics since the passage of a 1973 law eliminating all restrictions. In 1974 the first woman was elected to the GGC. Since then, women have served in the Council as Secretary of State for Internal Affairs and as Captain Regent. Women's branches of the political parties have all been integrated into the mainstream party organizations, and women hold important positions in the various parties. Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights There are no domestic human rights organizations, although there are no government impediments to the formation of such organizations. The Government has declared itself open to investigations of alleged abuses by outsiders, but there have been no known requests of such a nature from international organizations. Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language or Social Status Discrimination based on race, sex, religion, disability, language, or social status is prohibited by the law and generally not practiced, but some vestiges of legal and societal discrimination against women remain. Women Several laws provide specifically for equality of women and equal pay. In practice, there is no discrimination in pay or working conditions. All careers, including military and police as well as the highest public offices, are open to women. A San Marinese woman who marries a foreigner may not transmit citizenship to her husband or children, although a San Marinese man who marries a foreigner may transmit citizenship to both wife and children. Some aspects of social and traditional discrimination against women remain. However, women recently have entered in significant numbers into fields previously dominated by men, including law and medicine. At present, there are no reports of discrimination cases brought to court by San Marinese women. Violence against women is unusual, and women are protected by law in these cases. After the passage of favorable laws by the GGC in the 1970's and 1980's, a National Commission on Women's Rights in the Law was disbanded as it was believed there was no further need for it. Children An October 1992 law reforming the judicial system provided for the creation of a separate juvenile court, which was being organized in 1993. A special service to fight child abuse, which is part of the state medicare system, has been active since 1974. The service provides for foster care of children separated from their families by the local tribunal. The service has had a total of 14 cases since 1982. The San Marino budget devoted over 1 percent of its 1994 budget to this program. People With Disabilities In 1990 the Parliament issued a general law to safeguard the rights and promote the social integration of disabled people, requiring Parliament to prepare legislation on a list of specific issues. In May 1991, the GGC passed legislation regulating and encouraging the hiring of people with disabilities. A bill passed in September 1992 established a 2-year period to review architectural barriers to the handicapped in existing buildings and required that all new buildings have no such barriers. Section 6 Worker Rights a. The Right of Association By law, all workers in San Marino (except the military but including police forces) are free to form and join unions. There are two trade union federations: the Democratic Federation of San Marinese Workers (affiliated with the International Confederation of Free Trade Unions), which has about 2,500 workers, and the General Federation of Labor with about 2,400 workers. Union members represent approximately 50 percent of the country's work force (10,000 San Marinese, or 12,000 including Italian workers). Trade unions are independent from the government. Formally, they are also independent from political parties. However, political parties have close ties with and exercise strong influence on trade unions. Except for the military establishment, all categories of workers have the right to strike, including the civil police. No strikes have occurred in at least the last 4 years. Unions may freely join international labor federations. Since 1961 trade unions have been legally recognized by a law which sets the minimum conditions (for example, the minimum number of members and affiliated labor federations) for their establishment. b. The Right to Organize and Bargain Collectively Collective bargaining is recognized and protected by law. The law prohibits antiunion discrimination by employers, and effective mechanisms exist (including reinstatement of workers fired for union activities) to resolve complaints. Collective bargaining is freely practiced throughout the country--the collective bargaining agreements are published in the Government's bulletin and have the force of law. Negotiations are freely conducted, and the presence of government officials (usually from the Labor and Industry Departments) is often requested by the unions and the employers' association. For the last several years, all complaints have been resolved amicably by a "conciliatory committee" composed of judges and government officials. 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 minimum working age of 16 years is strictly enforced by the Ministry of Labor and Cooperation, and there are no exceptions. e. Acceptable Conditions of Work The legal minimum wage assures a decent living for a worker and his or her family. In November 1993 the minimum wage was approximately $1,000 (1,637,868 lire) per month. According to trade unions, wages are generally higher than the minimum wage. The legal workweek in the public administration is 36 hours. In industry and private business, it is 37 1/2 hours. At least 24 hours a week are dedicated to rest for all categories of workers. Trade unions report no problems on this issue. According to trade unions, San Marino has had advanced legislation on health and safety standards since 1987. However, enforcement to date has been weak, due to employer resistance in some industries. According to labor unions, health and safety standards are often not fully implemented in the construction sector. For practical reasons and to reduce costs, employers and workers alike do not always follow all regulations. In the last national labor contract, unions obtained 2 hours of paid time for all constructions workers to be given instruction and training concerning safety standards. The judicial system is responsible for enforcement.
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