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Monaco: Emphasis on non-profit organisations’ transparency

DATE POSTED : 09.09.2025

This update covers developments relating to the freedoms of expression, association and assembly in Monaco from 1st November 2024 to 1st September 2025.

GENERAL

International bodies raise questions about treatment of foreigners

On 29th November 2024, the Committee on the Elimination of Racial Discrimination concluded its consideration of the combined seventh to ninth periodic report of Monaco. The Committee raised questions on racial profiling – as racial discrimination is not defined in Monegasque law – and on the acquisition of the Monegasque nationality.

Article 25 of Monaco’s Constitution grants priority to Monegasques for the accession to public and private employment. When it ratified the International Convention on the Elimination of All Forms of Racial Discrimination, Monaco reserved the right to apply its own legal provisions concerning the admission of foreigners to its labour market. During the discussion between the Committee experts and the country delegation, the Committee Rapporteur asked whether measures had been taken to ensure that the application of the principle of priority employment for Monegasques did not lead to cases of discrimination in recruitment. The delegation indicated that there are no plans to lift these reservations in the context of the priority given to nationals. According to the delegation, “the intention is not discriminatory, but is explained by the desire to take into account the fact that Monegasques are a minority in their own country”.

The legislation on trade unions requires that the majority of the members of the trade union bureau must be of Monegasque or French nationality. Similarly, staff representatives (who are the interlocutors of the labour inspector) must be Monegasque or must have worked in Monaco for at least five years. The questions asked by Jian Guan, Committee Expert and Co-Rapporteur, on the legal framework governing the right to freedom of peaceful assembly, in particular with regard to the enjoyment of this right by non-nationals and the measures taken to revise the legislation on trade unions, were left unanswered.

On 2nd May 2025, the UN Committee against Torture (CAT) issued its findings on Monaco and expressed concern about the reported precarious working conditions faced by many migrant domestic and undeclared workers, especially in the construction, hospitality, and catering sectors, as well as on private yachts.

From 23rd to 26th June 2025, a delegation from the Council of Europe’s European Commission against Racism and Intolerance (ECRI) visited Monaco and met with authorities, independent bodies, and civil society organisations. Following this visit, ECRI will adopt a report in which it will make a new set of recommendations on measures to be taken by the authorities to address racism and intolerance in the country. In its previous report, ECRI recommended that the authorities review the existing legislation applicable to same-sex unions and take measures to raise awareness of racist and LGBTI-phobic hate speech.

EXPRESSION

Highest court restricts forum shopping in defamation cases

On 12th November 2024, the Cour de Révision (Court of Review at the top of the judicial hierarchy) ruled that in order to establish jurisdiction over defamation cases for content posted online there must be a connection to the territory itself.

The plaintiff, a foreign businessman with residency in Monaco, filed defamation charges against a Finnish broadcasting company, Yleisradio Oy, and its Editor in Chief, for having published articles in English and in Finnish about the financing and ownership structure of the Helsinki Shipyard and its links to the Kremlin.

The question put to the Monegasque courts was whether the publication of a series of these articles on the website of a Finnish media outlet, could be considered a criminal offence in Monaco. The Court of Revision clarified that the threshold test on jurisdiction should consist of whether the act of publication can be linked to the territory of Monaco. The articles’ accessibility in Monaco and the plaintiff’s residency were not sufficient to establish jurisdiction.

“The Supreme Court’s decision is fundamental in upholding the freedom of expression in Europe. The opposite outcome would have encouraged similar intimidation lawsuits in countries favourable to the plaintiff, with the purpose of restricting dialogue and silencing critical voices” - Castrén & Snellman law firm, that advised the Finnish Broadcasting Company and its Editor in Chief.

Still no status for journalists

On 9th April 2025, Thomas Brezzo, President of the National Council, met with members of the Monaco Press Club, an association which brings together journalists and communications professionals from across the country. When asked about the lack of a statute for journalists, he invited the association to work together to draft a text that would regulate the profession and protect journalists.

ASSOCIATION

The monitoring and supervision of at-risk non-profit organisations intensifies

In June 2024, the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, added Monaco to its grey list of jurisdictions under Increased Monitoring. This “enhanced monitoring” status is a direct response to the Moneyval report, published in January 2023. This report highlighted weaknesses in the supervision and regulation of non-profit organisations (NPOs), identified as structures particularly vulnerable to financial abuse. In other words, Monegasque associations were at risk of being used as hubs for money laundering in the eyes of the European authorities. As Monaco aims to be removed from this grey list by mid-2026, it increased regulation of associations.

In a November 2024 follow-up report, Monaco explained that it took steps to review the adequacy of measures that relate to at-risk NPOs and that the Department of Interior had reshaped its approach to supervision by ensuring that the majority of its resources are dedicated to a subset of higher risk associations and foundations. Checks by authorised agents of the Department of the Interior may be carried out, in accordance with the action plan established to meet Moneyval requirements, either at random or in cases of non-compliance with legal obligations. The agents may carry out risk-based checks on documents, they are authorised to collect any information, documents, or supporting documents necessary for the performance of their duties and may also interview any person likely to provide them with information.

Associations are now subject to strict requirements to ensure the traceability of funds, with all donations or grants having to be justified and clearly identified in terms of their origin. Detailed annual reports must be published and “beneficial owners” must be verified by centralised registers.

ASSEMBLY

Protest demands legalisation of abortion, currently being discussed in Parliament

On 8th March 2025, on International Women’s Rights Day, around twenty protesters gathered in downtown Monaco for a sit-in. They held up signs demanding the legalisation of abortion. A few days earlier, on 4th March 2025, the National Council tabled Bill No. 267 to provide a legal option for abortion in Monaco. On 2nd April 2025, the Bill was referred to the Committee on Women's Rights, Family, and Equality.

Although abortion was decriminalised for women in 2019, doctors still face strict penalties if they perform the procedure unless under exceptional medical circumstances or in cases of rape. Many women therefore travel abroad for an abortion, often under stressful and urgent conditions. The new proposal aims also to provide an exemption to the principle of the prohibition of abortion to up to 12 weeks of pregnancy, to extend this limit to 16 weeks for victims of rape and to cover the costs of the procedure through social security.

Peaceful protests

On 26th September 2024, at the call of several unions, around 200 people gathered in Monaco in front of the Monaco Social Funds to demand a cross-occupational minimum wage and pensions to be raised.

On 9th May 2025, at the call of several unions, around a hundred people protested outside the Casino de Monte-Carlo to demand a pay rise for the employees of the Hôtel de Paris.

Civic Space Developments
Country
Monaco
Country rating
Open
Category
Latest Developments
Tags
positive court ruling,  women, 
Date Posted

09.09.2025

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