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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.