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Title: Andorra Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ANDORRA
The principality of Andorra became a parliamentary democracy in 1993
when its Constitution was approved by popular referendum. Two Co-
Princes representing secular and religious authorities have governed
Andorra since 1278. Under the Constitution, the two Co-Princes--the
President of France and the Spanish Bishop of Seu d'Urgell--serve
equally as Heads of State and are each represented in Andorra by a
delegate. Elections were held in December 1993 to choose members of the
Consell General, the Parliament, which selects the Head of Government.
The judiciary functions independently.
Andorra has no defense force. The national police have sole
responsibility for internal security.
The market-based economy is dependent on those of neighboring France and
Spain. With creation of the European Union internal market, however,
Andorra lost its privileged duty-free status and is suffering an
economic recession. Tourism is still an important source of income, but
it fell dramatically during the year. Because of banking secrecy laws,
the financial services sector is growing in importance.
The Government fully respected the human rights of its citizens, and the
law and the judiciary provide effective means of dealing with instances
of abuse.
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 politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits such practices, and there were no reports
that officials employed them.
Prison conditions meet minimum international standards, and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or exile, and
the Government observes this prohibition.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government respects this provision in practice. The highest judicial
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.
Members of the judiciary are appointed for 6-year terms. The judiciary
provides citizens with a fair and efficient judicial process.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides citizens with safeguards against arbitrary
interference with their "privacy, honor and reputation," and government
authorities generally respect these prohibitions. Private dwellings are
considered inviolable. No searches of private premises may be conducted
without a judicially issued warrant. Private communications also are
protected by law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, and
the Government respects these rights in practice. An independent press,
an effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government respects
them in practice. Since adoption of the 1993 Constitution, the
Government has registered seven political parties.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. The Constitution acknowledges a
special relationship between the Roman Catholic Church and the State,
"in accordance with Andorran tradition." The Catholic Church receives
no subsidies from the Government.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. It is
government policy not to expel persons having valid claims to refugee
status, and there were no reports of such expulsions.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free and fair elections held on the basis of universal
suffrage.
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 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 restrictions to prevent their formation, no formal
human rights organizations operate in Andorra.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution declares that all persons are equal before the law and
prohibits discrimination on grounds of birth, race, sex, origin,
religion, opinions, or any other personal or social condition, although
the law grants many rights and privileges exclusively to citizens. The
Government effectively enforces these provisions.
Women
No available data exists on the incidence and handling of domestic
violence cases, but spousal abuse appears to be virtually nonexistent.
There is no legal discrimination against women, either privately or
professionally.
Children
There is no evidence of any special commitment by the Government to
children's rights and welfare, although there is no indication of any
problems in this area. Over the past 12 years there has been just one
known case of child abuse.
People with Disabilities
There is no discrimination against disabled persons in employment,
education, or in the provision of other state services. The law
mandates access to new buildings for people with disabilities, and the
Government enforces these provisions in practice.
National/Racial/Ethnic Minorities
Spanish nationals are the largest group of foreign residents, accounting
for 47 percent of the population. Other sizeable foreign groups are
Portuguese, French, and British. A small number of North African and
African immigrants work mostly in agriculture and construction.
Although the Constitution states that legal residents enjoy the same
rights and freedoms as Andorran citizens, immigrant workers do not
believe that they have the same rights and security. They lack many
social benefits paid to residents and in many cases live in difficult
and crowded conditions. The cost of living is high, and workers
employed in low-wage industries often cannot afford normal housing
costs. Many of them live in trailers or crowded apartments, with as
many as 8 or 10 people sharing quarters designed for 4. Many such
workers are in Andorra on temporary work permits. These permits are
valid only as long as the job for which the permit was obtained exists.
A worker hired on a temporary contract loses his work permit when the
contract expires. If unable to find new employment, the worker quickly
becomes an undocumented alien with no visible means of support and may
be deported.
Section 6 Worker Rights
a. The Right of Association
The Constitution recognizes the right of all persons "to form and
maintain managerial, professional, and trade union associations without
prejudice." The Constitution provides that a registry of associations
be established (through future legislation) and maintained. There are
no labor unions registered as yet although at least one may be in the
formative stages. Strikes were illegal under the old system, and the
new Constitution does not state explicitly that strikes are permitted.
b. The Right to Organize and Bargain Collectively
Article 19 of the Constitution states that both "workers and employers
have the right to defend their own economic and social interests."
Parliament is charged with adopting legislation to regulate this right
in order to guarantee the provision of essential services. The threat
of immediate dismissal (see section 6.e. below) is a powerful deterrent
to complaints from workers, especially since there is very limited
unemployment insurance. This inhibits workers from organizing
effectively to press their cases. Antiunion discrimination is not
prohibited under current law.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not specifically prohibited by law, but it does not
occur.
d. Minimum Age for Employment of Children
Children under the age of 18 are normally prohibited from working
although in exceptional circumstances children ages 16 and 17 may be
allowed to work. Child labor regulations are enforced by the Labor
Inspection Office in the Ministry of Social Welfare, Public Health, and
Labor. That office does not routinely inspect work places but responds
to complaints.
e. Acceptable Conditions of Work
The workweek is limited to 40 hours, although longer hours may be
required. The legal maximums for overtime hours are 66 hours per month
and 426 hours per year. There is an official minimum wage, set by
government regulations. Other, higher wages are established by
contract. The minimum wage is approximately $4.50 per hour (Ptas 600).
In principle it is enforced by the Labor Inspection Office, but self-
enforcement is the norm. Living costs are high and the current minimum
wage is inadequate for a worker and family.
Worker complaints center on the lack of job security. Workers may be
dismissed without prior notice and receive social security and health
benefits for only 25 days; thereafter, there is no unemployment
insurance. Foreign workers who contribute to the social security system
are ineligible to receive retirement benefits if they do not remain in
Andorra after retirement; however, they may apply for a lump-sum
reimbursement of social security contributions when they leave the
country. Retirement benefits are controlled by a board composed of
Andorran nationals although they represent only a small portion of the
work force. There is no special court or board to hear labor
complaints.
The Government sets occupational health and safety standards, but
enforcement is 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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