Press release - 111(2011)
Council of Europe’s Anti-Racism Commission publishes new report on Monaco
Strasbourg, 08.02.2011 – The European Commission against Racism and Intolerance (ECRI) today published its second report on Monaco. ECRI’s Chair, Nils Muiznieks said that although there have been improvements, additional action is needed such as the consolidation of the the legislative framework in the field of protection against discrimination.
A new law adopted in 2008 guarantees freedom of association without differentiating between citizens and non-citizens. Legislative reform is planned to address existing shortcomings in the transmission of nationality. A draft law on employment contracts and public service is under discussion and is expected to protect non-Monegasque workers more effectively. The Commission for monitoring personal information has been functioning since 2009 as an independent administrative authority.
At the same time, no guarantees against racial discrimination (*) have been introduced in the area of civil and administrative law; no follow-up has been given with regard to the ECRI’s recommendation to introduce a specific provision in criminal law that would make the racist motivation of an ordinary offence an aggravating circumstance; there is no legal obligation to provide reasons for decisions relating to nationality and settlement in Monaco.
Some institutions do not enjoy the necessary independence: the Ombudsman is under the direct authority of the Minister of State; and the General Inspectorate of Police works under the instructions of the Directorate General of Public Safety.
In its report, ECRI makes a number of recommendations, among which the following three will be revisited in two years’ time:
· Bridge the legislative gaps in the field of protection against discrimination;
· Enshrine the independence of the institution of Ombudsman in legislation;
· Continue efforts as regards human rights training for judicial staff and police officers.
The report, including Government observations, is available here. It was prepared following ECRI’s contact visit to Monaco in April 2010 [Press Release – 13.04.2010] and takes account of developments up to June 2010.
ECRI is an independent human rights body of the Council of Europe, which monitors problems of racism, discrimination on grounds of ethnic origin, citizenship, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations to member States.
For more information on ECRI: www.coe.int/ecri
(*) For a definition of racial discrimination: ECRI General Policy Recommendation N°7
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