A/HRC/12/3
page 3
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its fifth session from
4 to 15 May 2009. The review of Monaco was held at the 2nd meeting on 4 May 2009. The
delegation of Monaco was headed by H.E. Franck Biancheri. At its 6th meeting, on 6 May 2009,
the Working Group adopted the present report on Monaco.
2.
On 8 September 2008, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Monaco: Switzerland, China and Uruguay.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of Monaco:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/5/MCO/1);
(b) A compilation prepared by the Office of the United Nations High Commissioner for
Human Rights (OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/5/MCO/2);
(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/5/MCO/3).
4.
A list of questions prepared in advance by the Czech Republic, Germany, the Netherlands,
Sweden, the United Kingdom of Great Britain and Northern Ireland, Argentina and Denmark
was transmitted to Monaco through the troika. These questions are available on the extranet of
the Universal Periodic Review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 2nd meeting, on 4 May 2009, H.E. Franck Biancheri, Minister Plenipotentiary,
Government Counsellor for External Relations and for International Economic and Financial
Affairs, said that, since becoming a Member of the United Nations in 1993, the Principality of
Monaco had acceded to numerous United Nations instruments relating, inter alia, to human
rights, the environment and health. That demonstrated Monaco’s commitment to the universal
principles and values to which those instruments gave legal expression.
6.
However, the interpretation and application of international standards by the Monegasque
authorities should be evaluated and assessed in the light of Monaco’s specific geographic,
demographic and sociological features.
7.
The Principality of Monaco was a hereditary constitutional monarchy governed by the
Constitution of 17 December 1962, as amended in 2002, which defined the Government’s nature
and the authorities’ organization and relations. The rule of law was upheld and the separation of
the State’s major executive, legislative and judicial functions was established. The Ministry of
Justice, known as the Judicial Services Department, did not form part of the Government but
constituted an independent entity answerable directly to the Sovereign Prince. However, the
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