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TITLE:  MONACO HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995








                             MONACO


Monaco is a constitutional monarchy in which the sovereign 
Prince plays a leading role in governing the country.  The 
Prince appoints the four-member Government, headed by a 
Minister of State chosen by the Prince from a list of 
candidates proposed by France.  The other three members are 
Counselors for the Interior (who is usually French), for Public 
Works and Social Affairs, and for Finance and the Economy.  
Each is 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:  the 7-member Crown 
Council; 12-member Council of State; and 30-member Economic 
Council, which includes representatives of employers and the 
trade unions.

In addition to the national police force, the "Carabiniers du 
Prince" carry out security functions.  Both forces are 
controlled by 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 for all residents and 
those that apply only to the 5,000 who hold Monegasque 
nationality.  The latter enjoy free education, financial 
assistance in case of unemployment or illness, and the right to 
vote and hold elective office.  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.

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 
killing.

     b.  Disappearance

There were no reports of disappearances.

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

The Constitution prohibits such practices.  The authorities 
respect this prohibition.  There were no reports of violations.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution bars arbitrary arrest.  Arrest warrants are 
required, except when the detainee is arrested while committing 
an offense.  The police must bring the detainee before a judge 
within 24 hours to be informed of the charges and of detainees' 
rights under the law.  Most detainees are released without 
bail, but the investigating magistrate may order detention on 
grounds that the suspect might either flee or tamper with the 
investigation of the case.  The magistrate may extend the 
initial 2-month detention for additional 2-month periods, 
indefinitely.  Detainees have the right to counsel, at public 
expense if necessary.  They have ready access to attorneys.  
The magistrate may permit family members to see the detainee.

     e.  Denial of Fair Public Trial

Under the 1962 Constitution, the Prince delegated his judicial 
powers to an independent judiciary.  The law provides for fair, 
public trial, and the authorities respect these provisions.  
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 and the right of appeal.

     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 circulate freely, including 
French ones that specifically cover news in the Principality.  
Foreign radio and television are received without restriction.  
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, which is not withheld for political or 
arbitrary reasons.  Formal associations must be registered and 
authorized by the Government.

     c.  Freedom of Religion

Roman Catholicism is the state religion.  Free practice of all 
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, but he is obliged by the 
Constitution to consult the Crown Council on each case before 
deciding.

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

The 1962 Constitution cannot be suspended, but it can be 
revised by common agreement between the Prince and the National 
Council.  The Prince plays an active role in government.  He 
names the Minister of State (in effect, the Prime Minister) 
from a list of names proposed by the French Government.  He 
names as well the three Counselors of Government (of whom the 
one responsible for the interior is usually a French 
national).  Together the four compose the Government.  Each is 
responsible to the Prince.

Only the Prince may initiate legislation, although the 
18-member National Council may send proposals for legislation 
to the Government.  All legislation and the adoption of the 
budget require the Council's assent.  Elections, which are held 
every 5 years, are based on universal adult suffrage and secret 
balloting.  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.  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 lists proposed by the employers' federation.

Women are active in public service.  The Mayor of Monaco and 
one member of the National Council are women.

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

While the Government imposes no impediments to establishment or 
operation of local groups devoted to monitoring human rights, 
there are none.  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 (e.g., freedom of religion, 
inviolability of the home).

     Women

Women are fairly well represented in the professions; e.g., 
they constitute 6 of Monaco's 18 lawyers (including a former 
president of the bar), 5 of 42 physicians, and 8 of 26 
dentists.  Women are less well represented in the business 
world.  The law governing transmission of citizenship provides 
for 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.  Reported 
instances of violence against women are rare.  Marital violence 
is strictly prohibited, and any woman who is a victim of it may 
bring criminal charges against her husband.

     Children

There is no particular pattern of abuse of children.

     People with Disabilities

The Government has mandated that public buildings provide for 
access for the disabled, and this has been largely 
accomplished.

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 reside in the Principality.  Unions are 
independent of both the Government and the Monegasque political 
parties.  The Monegasque Confederation of Unions is not 
affiliated with any larger labor organization.

The Constitution specifies that workers enjoy the right to 
strike in conformity with relevant legislation.  Government 
workers, however, may not strike.  No strikes of major 
consequence occurred in 1994.

     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 wages as are 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 respective union.  
Antiunion discrimination is prohibited.  Union representatives 
can be fired only with the agreement of a commission that 
includes two members from the employers' association and two 
from the labor movement.  Allegations that an employee has been 
fired for union activity may be brought before the Labor Court, 
which can order redress such as the payment of damages with 
interest.

     c.  Prohibition of Forced or Compulsory Labor

Such practices are outlawed and do not occur.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 16 years.  Special 
restrictions apply to the hiring, work-times, and other 
conditions of workers aged 16 to 18.

     e.  Acceptable Conditions of Work

The legal minimum wage for full-time work is $1,202 (6,309 
French francs) per month, which corresponds to the French 
minimum plus 5 percent.  Most workers receive more than the 
minimum.  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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