A/HRC/28/9

United Nations / A/HRC/28/9
/ General Assembly / Distr.: General
24 December 2014
Original: English

Human Rights Council

Twenty-eighth session

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review[*]

San Marino

Contents

ParagraphsPage

Introduction...... 1–43

I.Summary of the proceedings of the review process...... 5–773

A.Presentation by the State under review...... 5–233

B.Interactive dialogue and responses by the State under review...... 24–776

II.Conclusions and/or recommendations...... 78–8113

Annex

Composition of the delegation...... 19

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 twentieth session from 27 Octoberto 7 November 2014.The review of San Marinowas held at the 6th meeting, on 29 October 2014. The delegation of San Marinowas headed by Pasquale Valentini, Minister for Foreign Affairs. At its 10th meeting, held on 31October 2014, the Working Group adopted the report on San Marino.
  2. On 15 January 2014, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of San Marino: Burkina Faso, Chile, China.
  3. In accordance with paragraph15 of the annex to resolution 5/1 and paragraph5 of the annex to resolution 16/21, the following documents were issued for the review of San Marino:

(a)A national report submitted/written presentation prepared in accordance with paragraph15(a) (A/HRC/WG.6/20/SMR/1);

(b)A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph15(b) (A/HRC/WG.6/20/SMR/2);

(c)A summary prepared by OHCHR in accordance with paragraph15(c) (A/HRC/WG.6/20/SMR/3).

  1. A list of questions prepared in advance by Liechtenstein, Mexico, the Netherlands, Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was transmitted to San Marino through the troika. These questions are available on the extranet of the universal periodic review (UPR).

I.Summary of the proceedings of the review process

A.Presentation by the State under review

  1. The delegation of San Marino presented its report for the second cycle of the UPR on the human rights situation.
  2. The delegation noted that,in July 2014, it had presented the national report prepared by the Ministry of Foreign Affairs in collaboration with the Ministries of Internal Affairs, Health, Labour and Education and other government offices. It stated that the national report included the steps taken to implement the recommendations accepted during the first review, noting that several provisions adopted in recent years had been based on those recommendations.
  3. The delegation explained the approach that San Marino had always held towards the protection of human rights in the context of its Declaration on the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order. The delegation stated that San Marino was one of the few States that, in the field of human rights, did not need internal implementation rules, as international law was an integral part of national law, and even superseded this in the event of any conflict.
  4. The delegation highlighted the human rights conventions that had been ratified or adopted. On 1 July 2010, San Marino ratified the United Nations Convention against Transnational Organized Crime,the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing it.On 21 July 2011,it ratified the Optional Protocol to the Convention on the Rights of the Childon the involvement of children in armed conflict (OP-CRC-AC) and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC).On 23 October 2013,it acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and,on 5 September 2014,approved Law No.138 on “Regulations on the Prevention and Punishment of the Crime of Genocide”. In recent years, San Marino has ratified the following Council of Europe instruments:the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse; the Convention on Action against Trafficking in Human Beings; Protocol No.15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms;and the European Charter of Local Self-Government. Furthermore, San Marino signed the Council of Europe Protocol No.16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The delegation stated that the ratification procedure was ongoing for both instruments.
  5. Regarding the question submitted by Liechtenstein, the delegation announced that, having ratified on 21 July 2011 the amendment to article 8 of the Rome Statute of the International Criminal Court, the ratification process of the amendments to the Statute, on the crime of aggression, was expected to be completed during the current session of Parliament.
  6. The delegation also addressed the question submitted by the Netherlands on the intentions of San Marino to ratify the Council of Europe Convention on Cybercrime and its Additional Protocol.It stated that a study on compliance with the Convention had been completed, though,owing to the necessary adjustment of domestic legislation, the introduction of new technologies and specific training of the personnel involved, San Marino was unable to predict a timeframe for accession.
  7. The delegation pointed out that progress had been made in the prevention of violence against women and gender violence, through the approval of Law No.97 of 20June 2008 on “Prevention and elimination of violence against women and gender violence”,which introduced into the San Marino legal system the offences of gang violence, stalking and trafficking in human beings, and modified the offence of enslavement. The delegation also commented that the law established the Authority for Equal Opportunities as a mechanism for monitoring its implementation. The establishment of a dedicated authority allowed legislation on the protection of equal opportunity to be completed. The delegation went on to say that the Authority operates alongside the Commission for Equal Opportunities, which deals with issues related to awareness-raising and the promotion of legislative and non-legislative measures to guarantee the legal equality of citizens.
  8. On 31 May 2012, a decree was adopted to implement the above-mentioned Law.The decree also established an assistance centre for victims of violence.
  9. The delegation reported that coordination between the Health Authority and the Authority for Equal Opportunities had been established in order to collect data on violence against women and gender violence in San Marino.
  10. In addition, the delegation stated that a special study group had been established in order to identify the amendments to be made and the requirements to be met in view of the ratification of the Council of Europe Convention on preventing and combating violence against women.
  11. The delegation said that the Parliament of San Marino had adopted a law that introduced amendments to the Criminal Code and the law aimed at reforming family law, by introducing the prohibition of corporal punishment in the exercise of correction or discipline powers.
  12. The delegation stated that Law No.142 of 9 September 2014,entitled “Legislation relating to specific developmental disorders in schools and training facilities”,had been approved. That law underlined the importance of the role of education for the development of social integration, as strongly reiterated at the Council of Europe Standing Conference of Ministers of Education, held in Helsinki on 26 and 27 April 2014, and aimed at protecting students with specific developmental disorders and special educational needs.
  13. In the national report, the delegation cited the work carried out by the Ministries of Education and Health for the development of a framework law on disability. The proposed framework law fully incorporates the principles, definitions and content of the Convention on the Rights of Persons with Disabilities (CRPD) and includes some instruments that are fundamental to its implementation. The delegation stated that the draft law provides for the establishment of a special commission tasked with monitoring the implementation of the principles contained in the Convention.
  14. Thedelegation stated that, in response to the recommendations of the Council of Europe Group of States against corruption (GRECO), Law No.141 of 5 September 2014 introduced the “Code of Conduct of Public Officials”.
  15. In response to the question submitted by the Netherlands, the delegation stated that the recommendation made by the European Commission against Racism and Intolerance of the Council of Europe on the San Marino Commission for Equal Opportunities had been assessed by the Commission and that it had transmitted its opinion. In the light of this, the Government intended to work with the Commission to develop the necessary measures for the implementation of the recommendation.
  16. In reply to the question submitted by Slovenia concerning the measures adopted to improve prison detention conditions in San Marino, the delegation stated that procedures had improved in recent years. According to the delegation, San Marino had acceded in December 1989 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The delegation reported that, since then, a delegation from the Council of Europe European Committee for the Prevention of Torture had visited San Marino four times: in March 1992, June 1999, February 2005 and January 2013.
  17. With respect to the second question submitted by Slovenia, on raising the minimum age for military recruitment to 18, the delegation stated that the age of 16 for recruitment in the case of general mobilization had been established in previous regulations, which San Marino had long planned to change. The delegation explained that the delay in the amendment of that provision was due to the fact that the measure was part of a more complex ongoing reform concerning the reorganization of the military corps and its regulations.
  18. In response to the question from Mexico on the freedom of expression in electronic format and the sanctions for improper and legally actionable conduct in the field of publishing and freedom of the media,the delegation stated that a new law sought to balance freedom of expression and protection of the dignity, integrity and privacy of the individual. The delegation explained that, under that new law, certain modes of expression of information had been regulated by introducing a code of ethics for operators and an authority that monitored any abuses or distortions.Moreover, the new law established and governed more flexible instruments for the protection of citizens and more accessible appeal procedures for individuals.
  19. The delegation reported that the law also specifically regulated the field of newspapers and online publications, by making them equal in all aspects and effects to paper publications, with the obvious differences related to the diversity of the means of expression.

B.Interactive dialogue and responses by the State under review

  1. During the interactive dialogue, 35delegations made statements. The recommendations made during the dialogue can be found in section II of the present report.
  2. Kuwait commended the efforts to promote and protect human rights and welcomed the ratification of a number of international conventions and protocols since 2010, including OP-CRC-SC; the United Nations Convention against Transnational Organized Crime and two Protocols supplementing it; and the Convention on the Prevention and Punishment of the Crime of Genocide. It noted commendable efforts that San Marino had made for the promotion of the rights of persons with disabilities and the accession to related conventions. Kuwait made a recommendation.
  3. Malaysia noted the transparent and consultative approach taken by San Marino with respect to the UPR and the progress made in the field of human rights, through its commitment to implementing the recommendations accepted during the first cycle of the UPR and the introduction of various legislative and institutional measures. In particular, Malaysia commended San Marino for ongoing and continuous steps to protect women’s rights and promote the role of women in the country, and measures to further integrate persons with disabilities into society, in line with its obligations under CRPD,amongst others. It noted the adoption of important laws and provisions relating to violence against women and the enforcement of measures for the protectionof women, expressed appreciation for the strong belief of San Marino in the value of the family for human development and its efforts to protect the family institution, and encouraged them to continue in that regard. Malaysia made recommendations.
  4. Mexico welcomed the adoption of international instruments since the first cycle of the UPR. In particular, it noted the ratification of OP-CRC-SC, the United Nations Convention against Transnational Organized Crime and twoProtocols supplementing it. It recognized the advances made in combating domestic violence, notably through the implementation of prevention programmes and the provision of medical and psychological support for victims. It thanked San Marino for the response to its query regarding freedom of expression. Mexico made recommendations.
  5. Monaco welcomed the advances made regarding the rights of persons with disabilities, notably the steps taken to implement CRPD, as well as the extension of the advantages to adoptive and foster parents granted under Law No.43/2014. Monaco requested further information on the functioning of the residential centre for persons with disabilities. It welcomed the ratification of OP-CRC-AC and OP-CRC-SC. Monaco made a recommendation.
  6. Montenegro commended San Marino for its commitment to the promotion and protection of human rights, expressing appreciation of its efforts to abolish the death penalty and protect the rights of women and children. While welcoming the dedication of San Marino to the UPR process, Montenegro observed that reports to several committees on the implementation of core human rights instruments were still overdue, and encouraged the Government of San Marino to make additional efforts to improve cooperation with the treaty bodies system. It noted the requests made by the Human Rights Committee concerning the introduction of a juvenile criminal justice system and asked San Marino to elaborate on the activities taken in that regard. Montenegro made recommendations.
  7. The Netherlands commended San Marino on its human rights record and efforts to ratify related instruments. In particular, it welcomed the ratification of the OP-CRC-SC and OP-CRC-AC, as well as the accession to the Convention on the Prevention and Punishment of the Crime of Genocide. However, it noted that the independent information and concluding observations of the treaty bodies were out of date, as some country reports were still outstanding. The Netherlands made recommendations.
  8. The Philippines recognized the strong commitment of the Government of San Marino to the overall development of the country and the fulfilment of the human rights of its people and lauded the accession of San Marino to a number of international human rights conventions in the period under review, particularly its ratification of the United Nations Convention against Transnational Organized Crime and two Protocols supplementing it. It asked how San Marino, as an advocate of women’s rights, could contribute to the strengthening of regional and international cooperation or partnerships in combating trafficking in women and girls. It noted the remarkable progress achieved by San Marino in the realization of the right to an adequate standard of living and the provision of welfare programmes and other socialsafety nets for citizens who became vulnerable as a result of the recent global financial instability. The Philippines made recommendations.
  9. Portugal praised the commitment of San Marino to the implementation of the recommendations accepted during the first cycle and welcomed the ratification of OP-CRC-SC and OP-CRC-AC. It noted that, although San Marino had accepted a recommendation during the first cycle of the UPR to improve timely reporting, 10 reports to the treaty bodies were still overdue. It welcomed the creation of a working group to prepare a draft law to adapt San Marino’s legal terminology regarding the concepts of legitimate and natural children, and encouraged efforts in that regard. Portugal made recommendations.
  10. Serbia congratulated San Marino for its dedication to human rights, democracy and the rule of law and noted San Marino’s efforts to align domestic legislation with international standards, as well as its pledge to comply with international treaties. It applauded San Marino’s advocacy work to abolish the death penalty worldwide and commended efforts to implement recommendations made by the European Committee for the Prevention of Torture. It noted that constitutional and legislative norms and ratified international treaties on human rights guaranteed equality and freedom from discrimination, and encouraged San Marino to continue its positive promotion of the principle of equality and non-discrimination, taking into account all relevant recommendations of the European Commission against racism and intolerance. Serbia made a recommendation.
  11. Sierra Leone commended San Marino’s efforts to promote and protect human rights in spite of the international economic crisis, which has affected the strategies and measures taken to address the right to a fair trial, as well as the death penalty, violence against women and domestic violence. It was interested to note that San Marino had been the third country to abolish the death penalty. It appreciated efforts to align domestic legislation with international human rights instruments and commended measures to ensure freedom of religion or belief. It acknowledged San Marino’s efforts to sign, ratify or accede to more human rights instruments since the first cycle of the UPR, but noted that further efforts were required to address racism, xenophobia and corruption. It lauded San Marino’s financial contribution to OHCHR in 2011 and 2013. Sierra Leone made recommendations.
  12. Singapore commended the efforts taken by San Marino to combat domestic violence, noting the role played by the Authority for Equal Opportunities in enforcing the Law on the Prevention and Elimination of Violence against Women and Gender Violence, implementing the related decree (97) to assist victims of violence and promoting public awareness on services available, including shelter for victims of domestic violence.