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TITLE: ANDORRA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
ANDORRA
Andorra became a parliamentary democracy in March 1993 when a
popular referendum approved its Constitution. Two
Co-Princes--the President of France and the Spanish Bishop of
Seu d'Urgell (each represented in Andorra by a delegate)--serve
coequally as Heads of State, with limited powers; they have no
veto over the Government. The Executive Council, composed of
the Head of Government (elected by the Parliament) and seven
ministers, implements the Constitution and the laws. The
Parliament is popularly elected. The judiciary functions
independently.
Andorra has no military forces. The small internal police
force respects constitutional rights and individual freedoms.
The market-based economy is dependent on those of neighboring
France and Spain. In 1994 it showed recovery from the recent
recession, with tourism becoming an increasingly important
source of revenue. Owing to banking secrecy laws, the
financial-services sector is also growing in importance.
There were no reports of human rights abuses. The 1993
Constitution provides for "respect and promotion of liberty,
equality, justice, tolerance, defense of human rights and
dignity of the person," and the Government respects this. The
adoption of the Constitution led to formation of political
parties, which participated in the first democratic elections.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of 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. There were no reports of violations. Penal
conditions are exemplary. Persons convicted of crimes with a
penalty of more than one year must serve out their terms either
in France or in Spain.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest or detention, and
the authorities respect this provision. Police must obtain a
court warrant prior to making an arrest or within 48 hours of
it, and must lodge a charge within 48 hours of it. A detainee
has the right to be informed of charges, to choose a lawyer (or
if indigent, have one provided at no cost), and to have access
to family members. The judge may decide to grant release on
bail. Pretrial detention is limited to 3 months.
The law does not provide for exile, and it is not practiced.
e. Denial of Fair Public Trial
The judiciary is independent and free of interference from the
Government. The highest body is 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; and, collectively, members of the lower courts.
The Constitution provides for the presumption of innocence.
The defendant has the right to confront and present witnesses,
to avoid self-incrimination, and to appeal the verdict.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides safeguards against arbitrary
interference with "privacy, honor, and reputation," and the
authorities honor these. No searches of any private premises
may be conducted without a juridically issued warrant. The law
also protects private communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, of
communication, and of access to information, and it expressly
prohibits censorship and any other means of ideological
control. The Government fully respects these provisions.
There are two radio stations, one public and one private. Two
newspapers and three magazines are published locally.
Publications from abroad enter and circulate freely.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to meet and assemble
for any lawful purpose. The Government does not restrict this
freedom. Organizers of a public event need no permit for it.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Government does not hamper the teaching or practice of any
faith. The Government pays Roman Catholic priests a monthly
stipend at the level of the minimum wage. Religion is not a
required subject in the nonparochial schools, including those
sponsored by France or Spain.
d. Freedom of Movement Within the County, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on domestic or foreign travel, on
emigration, or on repatriation.
The Government has no formal asylum policy; it evaluates asylum
requests on a case-by-case basis. While Andorra has a long
tradition of providing asylum to political refugees, none are
resident at present.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
All adult citizens enjoy the right to vote by secret ballot.
If the Head of Government loses a vote of confidence--as
happened in December--the Parliament chooses a replacement,
failing which, new elections are held.
The two Co-Princes are each represented by a delegate in
Andorra who holds the rank of Ambassador.
The unicameral Parliament is composed of four to six
representatives from each of the seven parishes. Elections are
held at 4-year intervals. Half of the 28 representatives are
elected on the basis of 2 per parish, and half on the basis of
the size of population per parish.
Women have enjoyed full suffrage since 1970, but they continue
to play a relatively minor role in politics. Notwithstanding
the absence of formal barriers, few women have run for office;
only 1 of the 28 Members of Parliament is a woman, and only 2
women have occupied cabinet-level positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no legal or informal restrictions, no human
rights organizations operate in this tiny nation.
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 it prohibits discrimination on grounds of
"birth, race, sex, origin, religion, opinions, or any other
personal or social condition." The Government fully respects
these provisions, which apply not only to citizens but also to
legal residents (who constitute a large majority of the
population of Andorra).
Women
The law does not discriminate against women. It treats sexual
violence as a criminal offense. Data on violence against women
are not available, but police sources say there is no pattern
of abuse by spouses or other family members, and they have no
recorded cases of battery of women or of rape. The Government
has no shelters for abused women, and asserts there is no need
for such facilities.
Children
The law does not explicitly provide for children's rights.
There is a public shelter for abused or abandoned children.
Over the past 12 years there has been just one known case of
child abuse.
People with Disabilities
Not all public buildings and public places provide access for
physically disabled persons. The Parliament approved
legislation in 1985 that mandates accessibility for the
handicapped in public places and buildings, but it applies only
to new construction.
Section 6 Worker Rights
a. The Right of Association
The 1993 Constitution recognizes the right of all persons "to
form and maintain managerial, professional, and trade union
associations without prejudice." However, as of the end of
1994, no labor unions were registered.
Strikes were illegal under the old system; the Constitution
does not explicitly permit them, but so long as there are no
labor unions, the question of their legality is moot.
b. The Right to Organize and Bargain Collectively
The new Constitution states that both "workers and employers
have the right to defend their own economic and social
interests." It charges the Parliament with devising
legislation to regulate the exercise of this right in ways that
guarantee the functioning of essential public services.
Workers are loath to complain or organize, meanwhile, because
they fear dismissal in this traditionally tight job-market
where no unemployment insurance is available. The law does not
prohibit antiunion discrimination.
c. Prohibition of Forced or Compulsory Labor
No law expressly prohibits forced or compulsory labor, but such
offenses do not occur.
d. Minimum Age for Employment of Children
The law prohibits employment of youths less than 18 years of
age, except that 16- and 17-year-olds may work under certain
specified circumstances. Child-labor regulations are enforced
by the Labor Inspection Office (within the Ministry of Social
Welfare, Public Health, and Labor), which does not routinely
inspect workplaces, but responds to specific complaints.
e. Acceptable Conditions of Work
The legal standard workweek is capped at 40 hours, and overtime
is limited to 66 hours per month and 426 hours per year.
The minimum wage, set by law and revised twice a year, is about
$4.50 per hour (600 Spanish pesetas) In principle, the Labor
Inspection Office enforces it, but self-enforcement is
customary. The minimum wage does not afford a decent standard
of living for a worker and family.
Workers may be dismissed without notice, and the unemployed
receive social security and health benefits for only 25 days.
Foreign workers who contribute to the social security system
are ineligible for retirement benefits if they do not remain in
Andorra after retirement, but they are eligible for lump-sum
reimbursement when they leave the country. There is no special
court or board of appeals for 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.
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