125. Follow-up given to the 19 recommendations (Nos. 90.1 to 90.19) formulated during the previous review of 28 October 2013, and which Monaco committed to answering at a later date. Recommendations Nos. 90.2 and 90.3 may now be considered implemented.
Recommendation No. 90.1 concerning the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
126. A study on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is under way. It is proper to wait for its conclusion before any opinion may be given on the prospect of ratification.
Recommendations 90.2 and 90.3 concerning the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
127. Monaco acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2016.
Recommendations 90.4 and 90.5 concerning the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
128. The position expressed in 2014 is unchanged.
129. Monaco acceded to the above-mentioned Convention on 6 December 1991. It was brought into force for Monaco by Sovereign Order No. 10542 of 14 May 1992 and is therefore fully part of the body of Monegasque legal instruments which Monegasque judges may invoke. Article 20 of the Constitution expressly prohibits torture and cruel, inhuman or degrading treatment or punishment.
130. The establishment of an independent body to monitor prisons and other places of deprivation of liberty as a tool for the prevention of ill-treatment seems inappropriate to the situation of Monaco. The country has only one prison, which holds on average between 20 and 30 prisoners serving short sentences. Thus, it is not, strictly speaking, a detention centre.
131. Furthermore, conditions of detention are already monitored by the follow-up mechanisms of international organizations such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Committee against Torture.
132. No cases of ill-treatment or situations of poor material conditions have been identified or even alleged.
133. Therefore, Monaco cannot make a commitment to ratifying the Optional Protocol in question. However, the Government plans to conduct an impact assessment on its potential ratification.
Recommendations Nos. 90.6, 90.7, 90.8 and 90.9 on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance
134. The position expressed in 2014 is unchanged.
135. Monaco signed the International Convention for the Protection of All Persons from Enforced Disappearance on 7 February 2007, but a subsequent review of the Convention’s provisions revealed constitutional and legislative incompatibilities with the provisions of Monegasque law.
136. However, a more in-depth study on the ratification of this Convention is under way.
Recommendations Nos. 90.10, 90.11, 90.12, 90.13, 90.14, 90.15 and 90.16 on the ratification of the Rome Statute of the International Criminal Court
137. The position expressed in 2014 is unchanged.
138. Ratification of the Rome Statute would require an in-depth reform of several laws, particularly the Constitution, the Criminal Code and the Code of Criminal Procedure. Even so, Monaco is determined to cooperate with the International Criminal Court, on a case-by-case basis, on matters on which the Court might request its cooperation.
139. Monaco has already responded to a request for assistance from the Prosecutor of the International Criminal Court. On the basis of article 87 (5) (a) of the Rome Statute, Monaco cooperated with the Court pursuant to a letter rogatory issued against a person being prosecuted on charges of crimes against humanity and war crimes.
140. The requested investigations did not concern evidence of the offences for which charges had been brought, but rather provisional and reparative measures that could be ordered in the interests of the victims.
141. The documents produced in response to the request for assistance were transmitted with a “speciality reservation” to the effect that the information contained in the documents cannot be used or transmitted for purposes other than those specified in the request.
Recommendations Nos. 90.17 to 90.19 on accession to the International Labour Organization and some of its Conventions
142. The position expressed in 2014 is unchanged.
143. Accession to the International Labour Organization and some of its Conventions raises the question of compatibility with trade union rights in Monaco and the system of priority in employment. Thus, the Government cannot provide an official response, but agrees to continue ongoing discussions.
144. The Constitution and the legislation and regulations in force in Monaco contain no discriminatory provisions on the grounds of race, colour, sex, language or religion.
Monegasque nationals are given priority in employment solely for the purpose of their protection, as they are a minority in their country.
IV. International cooperation
Recommendations Nos. 89.47 to 89.50 on development cooperation
145. Bearing in mind that the main objective of official development assistance is “the promotion of the economic development and welfare of developing countries”, the assistance provided by Monaco contributes towards the international goal of “providing adequate and predictable means for developing countries, in particular least developed countries, to implement programmes and policies to end poverty in all its dimensions”
(Sustainable Development Goal 1, target 1.a).
146. The strategic plan on official development assistance for the period 2018–2020 will contribute, in association with public and private partners, to meeting the most immediate needs of food security, health, education and employment, beyond the simple duty of assistance.
147. Concerning gender equality, women remain one of the main targets of the development assistance extended by Monaco. In this regard, the Government will continue its efforts to improve women’s health, boost the education of girls and young girls and encourage women to enter the labour market (rural occupations, entrepreneurship).
148. The projected amount of official development assistance for the period 2018–2020
— €54 million — represents an annual increase of 15 per cent compared with the 2017 figure of €14 million. Monaco allocates at least 70 per cent of its development assistance to least developed countries.
149. Although this cooperation strategy focuses on 11 partner countries, mostly least developed countries, Monaco also carries out other activities in other regions of the world and in other contexts.
150. Thus, Monaco makes financial contributions to projects undertaken by the Union for the Mediterranean, including “Young Women as Job Creators” in 2014 and “Forming Responsible Citizens — Equal citizenship education to prevent school violence” between 2015 and 2018.
151. Monaco also provides financial support in the framework of the Council of Europe neighbourhood policy, including for a project to combat violence against women, domestic violence and violence against children in the southern Mediterranean region and for the Action Plan on Protecting Refugee and Migrant Children in Europe, in 2018 and 2019.
152. In 2010 and 2015, Monaco supported a project of the Organization for Security and Cooperation in Europe to prevent trafficking in persons and to assist children without parental care in the Republic of Moldova; since 2016, it has contributed financially to the programme “Combating Human Trafficking along Migration Routes”, which aims to enhance investigation and protection capacities and mechanisms.
153. The contributions of Monaco to the United Nations — including the United Nations Entity for Gender Equality and the Empowerment of Women, the Office of the United Nations High Commissioner for Refugees, the United Nations Children’s Fund and the United Nations Office on Drugs and Crime — and to the International Committee of the Red Cross also reflect its willingness to join a common effort.
154. Monaco participates in a programme for the strengthening of intersectoral cooperation (government and civil society) to improve assistance to victims of trafficking in West Africa, in partnership with the United Nations Office on Drugs and Crime in Senegal.
155. At the boundary of development and humanitarian assistance, Monaco works with the Office of the United Nations High Commissioner for Refugees on programmes to assist and protect refugees (in Morocco) and to enhance their access to education (in Lebanon) and employability (in Tunisia).
156. Monaco also contributes to the Physical Rehabilitation Programme of the International Committee of the Red Cross, focusing on persons with disabilities in Mali.
157. Accordingly, the Government has for many years committed to helping the most vulnerable and it intends to continue its efforts in the context of the Sustainable Development Goals.
Conclusion
158. Monaco recognizes the importance of the universal periodic review for the promotion and protection of human rights and pledges to monitor the policies it has put in place, in accordance with the recommendations it has accepted.
159. Monaco has strengthened its policy in the area of human rights by establishing two entities: the Office of the High Commissioner for the Protection of Rights and Liberties and for Mediation, which is responsible for handling appeals and disputes between citizens or users and administrations and public services; and AVIP, which operates in accordance with the Act on the prevention and punishment of specific forms of violence.
160. Additionally, an interministerial committee for the promotion and protection of women’s rights will soon be established and will be led by an interministerial delegate tasked with promoting comprehensive and effective long-term policies.
161. Furthermore, Monaco has enriched its legislation by enacting laws on issues including the rights and freedoms of persons with disabilities, gender equality, harassment and violence in the workplace, medical consent and information and the fight against racism, by establishing an aggravating circumstance in that regard.
162. Monaco continues to engage in efforts to protect the most vulnerable, paying particular attention to education and the promotion of human rights awareness.
163. Finally, Monaco will continue to invest in the areas of food security, health, education, employment and gender equality, in the context of international cooperation.