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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.

(###)

[end of document]

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