HUMAN RIGHTS COMMITTEE STARTS EXAMINATION OF MONACO'S REPORT ON CIVIL AND POLITICAL RIGHTS

Human Rights Committee
72nd session
13 July 2001
Morning





Monaco Accepts No Dissolution of Marriage
By Mutual Consent, Delegation Says


The Human Rights Committee this morning started its consideration of an initial report of Monaco on how that country was implementing the provisions of the International Covenant on Civil and Political Rights.

Over the course of the discussion of the report, the Monegasque delegation told the 18-member Committee that there was no dissolution of marriage by mutual consent in Monaco, and only cases such as adultery, excessive or grave injury, commission of crimes affecting the maintenance of the marriage, and illness might be the main causes of divorce; and courts were vested to decide on any case of divorce.

When asked about the concept of "the husband as head of the family", the delegation told the Committee members that the husband exercised that function in the common interest of the couple and their children; the wife assisted the husband in providing the family with moral and material guidance, assuring its maintenance, rearing the children and preparing them for life in society; and the civil code vested the father with parental authority over the children. It was the husband who should decide on the establishment of the family's residence, and the wife should follow, the delegation added.

The delegation of Monaco was composed of Bernard Fauteir, Ambassador, Permanent Representative of Monaco to the United Nations Office at Geneva; Jean-Charles Sacotte, Technical and Government Advisor for Finance and Economy; and Jean-Philippe Bertani, Second Secretary at the Permanent Mission of Monaco in Geneva.

As one of the 148 States parties to the Covenant, Monaco is obligated to present periodic reports to the Committee on how it implements the provisions of the treaty.

The Committee will continue its examination of the report of Monaco when it reconvenes at 3 p.m.


Summary of Monaco's Initial Report

The report is contained in document CCPR/C/MCO/99/1, and it gives account of the various measures undertaken by the Principality since it ratified the treaty in August 1997. It provides information on the land and people and the general political structure of that small nation of 29,972 inhabitants. The population includes 122 nationalities, of which 5,070 were Monegasques; 12,047 French and 5,000 Italians. The reports affirms that the State religion is Roman Catholicism, but freedom of worship is guaranteed under the country's Constitution.

The entire Monegasque legal system is designed to guarantee respect for human rights, the report affirms. The Constitution of 17 December 1962 abolished the death penalty and enumerates fundamental rights. The laws, especially the criminal code, civil code, code of criminal procedure and code of civil procedure, set forth the conditions for the enforcement and protection of those rights. The courts ensure their implementation; and the independence of the judges is guaranteed by the Constitution.

In the event that any human right is violated by a legislative or statutory text or by a decision of the Administration, a remedy may be lodged with the Supreme Court, the report states. If the alleged violation constitutes a crime, its perpetrator, whether a private individual or civil servant, is brought before the courts. In all cases, the court seized of the case awards compensation for the injuries sustained by the victim.

There are no institutions or machinery specifically responsible for overseeing the implementation of human rights in Monaco, the report says. The implementation of human rights is the responsibility of everyone. It is guaranteed by the hierarchical structure of the Administration and is controlled by an independent court system.

The report says that there are no specific provisions in Monegasque legislation governing rights of ethnic, religious or linguistic minorities. The concept of "national minority" does not exist under Monegasque law and could be difficult to apply in Monaco. Monegasque nationals number only 5,070 of the 29,970 inhabitants and are therefore a minority in their own country. Foreigners represent more than 80 per cent of the population of the Principality; there are nearly 122 different nationalities in Monaco.

The report notes that the Monegaseque system of justice includes the traditional principles of two-tiered jurisdiction and collegiality. Every individual is guaranteed a hearing by competent, independent and impartial courts, equal treatment and a fair and public hearing. In criminal cases, proceedings take place “in camera” if public proceedings would appear to endanger public order or morals; the accused may nevertheless designate three persons to be admitted to the proceedings; decisions are always rendered in public. “In camera” proceedings are obligatory for cases involving minors under 18 years of age.


Consideration of Monegasque Report

In response to written questions prepared by Committee members in advance, the delegation of Monaco said that a National Commission for Human Rights had not yet been established as required by the Paris Agreement. Monaco, as a city-State, was not a big nation. The country's total area was only 195 hectares and the population was very small compared to the neighbouring country.

Asked if the Government was ready to ratify the Optional Protocol to the International Covenant, the delegation said that at present there were no studies being carried out on any initiatives to ratify the Protocol. However, the Government was looking forward to using regional mechanisms if they already existed. A year ago, the State had ratified the Second Optional Protocol to the Covenant with regard to the abolition of the death penalty.

On violence against women, the delegation said that it was rarely reported to police and only 22 complaints of violence had been lodged with the police in 2000.

Women were not denied the right to transmit Monegasque nationality to their children, the delegation said. However, in the past, the maternal line had been neglected and only the paternal lineage of national transmission had been considered. Since 1992, with the evolution of the society, the situation had changed. Nevertheless, there were still incomplete rights concerning women. The Government had already presented a draft law on strict equality to the National Council. Since the Council was busy in preparing the ground for the country's accession to the Council of Europe, the decision might take some time before it was acted on.

Gender equality was respected with more and more women taking active part in the Monegasque society, the delegation said. There were 4 women in the 18-member legislative body - the National Council -- and 4 in the 15-member communal council. They were also largely represented in the administrative sphere. Legislation ensured equal pay for equal amount of work. In the private sector, the number of private enterprises headed by women had increased by 92 per cent. However, the Government did not yet ratify the Convention against All Forms of Discrimination against Women. It was not the top priority for the Government because of the lack of human resources and the smallness of the country.

The delegation was asked to provide information on any differences in the treatment of children born in and out of wedlock; the delegation said that through the recognition of a child by both parents, he or she was considered as a legitimate or natural child, even the parents were not married. A child not recognized by the father normally took the name of his mother.

Further, a question was raised on the concept of "the husband as head of the family", to which the delegation said that the husband exercised that function in the common interest of the couple and their children. The wife assisted the husband in providing the family with moral and material guidance, assuring its maintenance, rearing the children and preparing them for life in society. The wife replaced the husband in performing the functions of the head of family when the husband was unable to express his will. In addition, the civil code vested the father with parental authority over the children. It was the husband who should decide on the establishment of the family's residence, and the wife would follow.


There was no divorce by mutual consent, the delegation said; cases such as adultery, excessive or grave injury, commission of crimes affecting the maintenance of the marriage, and illness might be the main causes of divorce; courts were vested to decide on any case of divorce.

The delegation was asked if racial discrimination was prohibited by law, to which the delegation said that although legislation was silent on such issues, a study was being carried out on the possibility to make discrimination a criminal offence. The Government was also aware that the law should be brought in line with the exigencies of the provisions of the Covenant. There were no cases of discrimination which warranted police intervention.

Committee Experts queried the delegation on such issues as the practice of abortion; the matrimonial regime and the dissolution of marriage; the rights of children born out of wedlock; and the absence of activities by non-governmental organizations, among other things.

Responding to the questions, the delegation said that since the system so far worked correctly, the need for the establishment of national human rights institutions was not given priority. The judiciary was performing its role in supervising the strict implementations of its decisions and the police performance.

There was no competition between the ratification of the Optional Protocol to the International Covenant and the accession to the Council of Europe, the delegation said. However, there was a parallel thinking by the Government on both issues; for the time being, the priority was given to the Council of Europe for the fact that there were people from the neighbouring countries entering the country on daily basis to work. In addition, the number of tourists crossing the Principality was significant. Those were, among other things, the reasons that prompted the Government to first accede to the Council of Europe before adopting the Protocol.

Concerning the situation of divorce, the delegation said that foreigners living in Monaco were able to dissolve their marriage according to their own national legislation. The French, for example, could divorce in Monaco by mutual consent, in application of their national law, while a Monegasque couple could not divorce by mutual consent. All nationals living in Monaco were subjected to their own national laws in matters of divorce.

Freedom of association was guaranteed by the Constitution, however, the creation of an association by foreigners residing in the country should be authorized by the administrative authorities. Monegasques had to simply inform the administration of the creation of their associations. At present, a bill had been presented to the National Council to abolish distinction between associations created by nationals and foreigners.

Abortion was prohibited under the Monegasque law and it was considered as an offence, the delegation affirmed; however, women wishing to terminate pregnancy could easily travel to the neighbouring countries. The Monegasque law tolerated abortion if the life of the mother was imperiled.

With regard to freedom of religion, the delegation said that freedom of thought, conscience and religion was guaranteed by the country's Constitution. Catholicism dominated the daily life of the society. The Catholic clergy was paid from the national budget and religious teachings were made available in schools; however, they could be rejected by pupils who had different creeds.

There was only one prison in Monaco with 99 places, the delegation said; and on average, 20 to 25 prisoners occupied the whole prison. The only situation where 88 persons were imprisoned at the same time during the last 12 years was when a financial scandal was discovered among the workers of the Monte Carlo casino.

Monaco was cooperating with international institutions in the fight against money_laundering and the combatting of criminal organizations, the delegation said, adding that the first anti-laundering law was enacted in 1992. In addition, Monaco was cooperative in judicial matters in disclosing any bank secret when asked by a local or foreign judge.



* *** *