International Service for Human Rights

Monaco appeared before the Committee on the Elimination of Racial Discrimination on 15 and 16 February 2010.[1] The delegation was led by Mr Robert Fillon, Ambassador of the Permanent Mission of the Principality of Monaco to the United Nations Office in Geneva and comprised of a multidisciplinary delegation.[2] Before answering a selection of questions from the list of issues, the head of the delegation underlined in his initial statement that the abundance of reports that Monaco had to submit at the same time and the limited staff available explain the delay in submitting the present report.[3] Mr. Fillon further emphasised that the phenomenon of racial discrimination is very marginal, if not absent in Monaco. He explained that racial antagonisms do not exist in Monaco as multiculturalism is a deep seeded part of the Monegasque distinctive identity. As a matter of fact, the Committee members commended Monaco for being among very few States that explicitly express the benefits of pluralism. Nevertheless, the Committee members encouraged the State to undertake preventive measures to repress manifestations of racial discrimination, especially through awareness raising trainings of younger generations and law enforcement representatives.

Among the key issues addressed during the interactive dialogue were: the introduction of a formal definition of racial discrimination into the State’s new Criminal Code in line with Article 1 of the Convention and the inclusion of racist, anti-Semitic or xenophobic motives as aggravating circumstances for an offence; the question of the differentiated treatment favouring Monegasques, and only exceptionally foreigners on account of their connection with Monaco, as an essential component of the social structure in the country, based upon the Constitution itself; the measures undertaken by the State to prevent racial discrimination during naturalisation procedures, given that Monegasque nationality is solely granted by the Prince of Monaco, who is not bound to provide reasons for his decisions; the possibility for the State to revise articles 54 and 79 of the Constitution, stipulating that naturalised Monegasques must be citizens for 5 years before becoming eligible to hold office in the National Council or at local level; the admission of foreigners on the national labour market and the State’s intentions to become a member of the ILO and consequently ratify the ILO Convention No. 111, as also recommended during the UPR; access to education for children whose parents are cross-border workers, and particularly for those who are non-francophone; the non-ratification by Monaco of the European Charter for Regional or Minority Languages; the question of interfaith dialogue and the lack of official recognition of Islam; the criminalisation of certain acts of racial discrimination by existing texts such as the Act of 15 July 2005 on freedom of public expression and the Act of 23 December 1993, amended in 2008, on management of personal data; and the possibility to add a new article to the Criminal Code, punishing computer-related offences of a racist nature or based on racial discrimination.