Monaco

Not Available

Immigration detainees

2019

No Data

Detained children

22

Refugees

2019

26,511

International migrants

2019

39,000

Population

2019

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

31 May 2021

Corridor in Monaco's Prison, (Monaco Hebdo, N. Gehin,
Corridor in Monaco's Prison, (Monaco Hebdo, N. Gehin, "La Prison à l'Epreuve du Coronavirus," 20 April 2020, https://www.monacohebdo.mc/actualites/judiciaire/prison-monaco-coronavirus/)

The Principality of Monaco, located on the French Riviera, is the second-smallest independent state in the world and has a population of approximately 38,000 people. The country introduced several measures in March 2020 to combat the spread of the virus, including imposing a lockdown and curfew. As of 31 May 2021, the country had recorded 2,504 COVID-19 cases and 32 related deaths.

The GDP has been unable to establish the extent to which migration-related detention measures are used in Monaco as part of immigration enforcement procedures. There is also no publicly available information concerning COVID-19 related measures taken to safeguard people in immigration or police custody, or people in international protection situations.

The country’s prison system adopted preventive measures to avoid the spread of COVID-19. In April 2020, temperature checks were implemented for some staff, protective masks were provided to the prison staff, and new prisoners were placed in isolation. According to the World Prison Brief, there were 8 prisoners in the country on 15 April 2020 and all prisoners were foreign nationals.

According to the UNHCR, there were 25 refugees and no asylum-seekers in the country as of 2020. The country has ratified several international human rights treaties including the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child. During its review for the third cycle of the UN Universal Periodic Review (UPR) in 2018, Monaco received several migration- and refugee-related recommendations, including: “consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Philippines) (para. 78.3)” and “consider adopting a procedure for granting asylum or refugee status while continuing its support for the United Nations High Commissioner for Refugees’ work in protecting refugees (United States of America) (para. 76.72)”.

The UN Committee against Torture (CAT), in its concluding observations from its 2017 review of Monaco, noted that while the “Monegasque authorities provide for the administrative and legal protection of refugees residing in the Principality of Monaco and that the French Office for the Protection of Refugees and Stateless Persons (OFPRA) examines cases and issues of advisory opinions, the Committee remains concerned about the lack of clarity regarding the legal grounds for the procedures that are applicable to asylum seekers, the conduct of such procedures, and the safeguards provided.” In consequence, the Committee recommended that the State party “ensure that the procedures applicable to asylum seekers and the procedure for cooperation with OFPRA are made clearer and accessible to all. In addition, the Committee would like to receive data on the number of applications submitted to and examined by OFPRA and the number of cases in which the Monegasque authorities have accepted or rejected the opinions of OFPRA and the reasons for doing so. The Committee would also like to know how many expulsion orders have been appealed since 2011 and whether these appeals have had a suspensive effect during the deliberations of the Supreme Court.”

Following the CAT’s concluding observations, Monaco submitted a follow-up report in December 2017 in which the country explained that “decisions rejecting applications for asylum are individual administrative acts issued by the Ministry of State. … Applications for reconsideration may be lodged with the regulatory or dispute authority, while appeals concerning abuse of power are heard by the Supreme Court. These appeals do not have suspensive effect. They may, however, be combined with a motion to stay. … The number of cases in which the Monegasque authorities have not followed the recommendations of OFPRA is as follows: 2 opinions not followed; 1 opinion followed… Concerning the data on the number of expulsion orders appealed since 2011, 13 appeals were lodged before the Supreme Court against measures of refoulement from the Monegasque territory, one of which was combined with a request for a stay of execution.”


Last updated:

ENFORCEMENT DATA

Total Detainees/ Stock & Flow (Year)
Not Available
2019
Criminal Prison Population (Year)
28
2015
Percentage of Foreign Prisoners (Year)
96.4
2014
Prison Population Rate (per 100,000 of National Population)
74
2015

POPULATION DATA

Population (Year)
39,000
2019
International Migrants (Year)
26,511
2019
Refugees (Year)
22
2019
32
2016
32
2015
33
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.71
2016
Stateless Persons (Year)
0
2016

SOCIO-ECONOMIC DATA & POLLS

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
OP CRC Communications Procedure
2014
2018
CRPD, Convention on the Rights of Persons with Disabilities
2017
2017
VCCR, Vienna Convention on Consular Relations
2005
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1995
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1997
2017
ICCPR, International Covenant on Civil and Political Rights
1997
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2005
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1991
2017
CRC, Convention on the Rights of the Child
1993
2017
CRSR, Geneva Convention Relating to the Status of Refugees
1954
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2001
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2001
2017
Ratio of relevant international treaties ratified
Ratio: 12/19
Treaty Reservations
Reservation Year
Observation Date
ICERD Article 5 1995
1995
2017
ICESCR Article 2 1995
1995
2017
CRC Article 40 1993
1993
2017
CRSR Article 22 1954
1954
2017
Individual Complaints Procedures
Acceptance Year
Observation Date
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2016
2016
2017
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 2011 2014
2014
2017
ICERD, declaration under article 14 of the Convention 2001
2001
2017
CAT, declaration under article 22 of the Convention 1991
1991
2017
Ratio of Complaints Procedures Accepted
Observation Date
4/6
2017

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2009
2017
No 2014
2017

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2014
2014
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 2005
2005
2017
CATHB, Convention on Action against Trafficking in Human Beings 2015
2015
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11) 2005
2005
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 2005
2005
2017

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS