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TITLE: SAN MARINO HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 SAN MARINO San Marino is a democratic, multiparty republic. The popularly elected Parliament (the Great and General Council--GGC) selects two of its members to serve as the Captains Regent (Co-Heads of State). They preside over meetings of the GGC and of the Cabinet (Congress of State), which has ten other members, all also selected by the GGC. Assisting the Captains Regent are three Secretaries of State (Foreign Affairs, Internal Affairs, and Finance) and several additional secretaries. The Secretary of State for Foreign Affairs has come to assume many of the prerogatives of a Prime Minister. Elected officials effectively control the centralized police organization (the Civil Police) and the two military corps (the Gendarmerie and the "Guardie di Rocca"). The principal economic activities are tourism, farming, light manufacturing, and banking. In addition to revenue from taxes and customs, the Government derives much 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. The Legal Code extensively provides for human rights, and the authorities respect its provisions. Although the Parliament and the Government have demonstrated strong commitment to the protection of human rights, some laws discriminate against women, particularly with regard to transmission of citizenship. 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 extrajudicial killings. b. Disappearance There were no reports of disappearance or abduction. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment. There were no reports of violations. d. Arbitrary Arrest, Detention, or Exile There were no reports of arbitrary arrests, detentions, or exile. The law requires judicial warrants for arrests. e. Denial of Fair Public Trial The law provides for procedural safeguards for the rights of the accused, and the Government fully implements these provisions. Detainees may not be held more than a few days without being either formally charged or released. There is no legally prescribed limit on pretrial detention, but 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 1994 of any abuse of this authority. Accused have the right to a public trial and legal counsel. For indigents, the State provides a court-appointed attorney at no cost. There is no incommunicado detention, and the accused cannot be compelled to answer questions or make statements without having an attorney present. The judicial system delegates some of its authority to Italian magistrates, both in criminal and in 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 San Marino's Council of Twelve, a group of judges chosen for 6-year terms (four replaced every 2 years) from among the members of the GGC. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence. The authorities respect the concept of privacy of the home. The law requires judicial warrants for searches, and provides also for protection of the privacy of correspondence, including telephonic communications. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The law provides for freedom of speech and press, and the Government does not restrict this freedom. It does not censor the media. Academic freedom is respected. b. Freedom of Peaceful Assembly and Association The law provides for freedom of peaceful assembly and association, and the authorities respect these provisions. Organizers of a public gathering need only notify the police in advance. They need no permit unless they plan to use a parking area as the site for the gathering; the authorities routinely grant such permits. c. Freedom of Religion The Government fully respects freedom of religion. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation The Government fully respects the rights of all citizens to travel abroad, emigrate, and repatriate. Although it does not formally offer asylum to refugees, it has given a few individuals de facto asylum by permitting them to reside and work in San Marino. Refugees 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 All citizens 18 years of age or older may vote in national elections, which take place every 5 years, or sooner if the GGC dissolves itself, and are free and fair. In recent election years the Government has offered to pay 75 percent of the travel costs for any expatriate to return to vote. Women gained the right to vote in the early 1960's, and voted in national elections for the first time in 1964. 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. All women's branches of the political parties have 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 the Government imposes no impediments to the formation of such organizations. The Government has declared itself open to outsiders' investigations of alleged abuses. There have been no known requests of such a nature. Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status The law prohibits discrimination based on race, religion, disability, language, or social status, and the authorities respect these provisions. The law also prohibits some forms of discrimination based on sex, but there remain vestiges of legal as well as societal discrimination against women. Women Several laws provide specifically for equality of women in the workplace and elsewhere. In practice there is no discrimination in pay or working conditions. All careers are open to women, including careers in the military and police as well as the highest public offices. However, there is a law that discriminates against women in stipulating that a San Marinese woman who marries a foreigner cannot transmit citizenship to her husband or children, but that a San Marinese man who marries a foreigner can do so to both spouse and children. The law provides for protection of women from violence, and occurrences of such violence are unusual. Children Since 1974 a special service in the state health care system has been dedicated to fighting child abuse. The service had no cases in 1994 (and a total of only 14 since 1982). People With Disabilities Since 1990 the Government has passed a number of laws to safeguard the rights and promote the social integration of disabled people. A 1991 law regulates and encourages employment of disabled people. A 1992 law established guidelines for easier access to public buildings; but implementation of this has not yet reached all buildings. Section 6 Worker Rights a. The Right of Association By law, all workers in San Marino (except the military, but including police) are free to form and join unions. A 1961 law sets the conditions for establishment of a union. The unions may freely form domestic federations or join international labor federations. Union members constitute about half of the country's work force (which numbers about 10,000 San Marinese plus 2,000 Italians, among the country's total population of about 24,000). Trade unions are independent of the Government and the political parties; but they have close informal ties with the parties, which exercise strong influence on them. Workers in all nonmilitary occupations have the right to strike. No strikes have occurred in at least the last 5 years. b. The Right to Organize and Bargain Collectively The law gives collective bargaining agreements the force of law, and prohibits antiunion discrimination by employers. Effective mechanisms exist to resolve complaints. Negotiations are freely conducted, often in the presence of government officials (usually from the Labor and Industry Departments) by invitation from both 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 The law prohibits forced or compulsory labor. There were no known violations. d. Minimum Age for Employment of Children The minimum working age is 16. The Ministry of Labor and Cooperation permits no exceptions. e. Acceptable Conditions of Work In late 1994 the minimum wage was approximately $1,000 (1.6 million lira) per month. This affords a decent living for a worker and his or her family. Wages are generally higher than the minimum. The law sets the workweek at 36 hours in public administration and 37 1/2 hours in industry and private business, with 24 hours of rest for workers in either category. The law sets safety and health standards, and the judicial system monitors them. Most workplaces implement the standards effectively, but there are some exceptions, notably in the construction industries. (###)
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