Country Report on Human Rights Practices for 1992
LUXEMBOURG
Luxembourg is a constitutional monarchy with a democratic parliamentary form
of government. Executive authority is exercised by the Prime Minister. The role of
the Grand Duke, the titular Head of State, is largely ceremonial. The Chamber of
Deputies, a unicameral legislature, encompasses the full political spectrum; an appointed
body, the Council of State, reviews legislation before it is given final approval
by the Chamber.
The police and gendarmerie maintain order throughout the country and are subordinate
to governmental and judicial authority. Judicial and penal systems are open,
efficient, and fair.
Luxembourg has a prosperous free market economy with active industrial and
services sectors. Its standard of living and its level of social benefits are high.
Human rights are valued and ssueguarded throughout Luxembourg. Individual
rights are protected by law and respected in practice by both the Government and
the populace. Luxembourg's large foreign population (almost 30 percent) is well integrated
into the society and the economy. National practices in apparent conflict with
human rights are quickly and publicly addressed.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
Killing for political reasons did not
occur.
b. Disappearance.
^There were no known instances of politically motivated disappearance.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment.—
Torture or other unusual punishment is prohibited by law and is not known to
occur.
d. Arbitrary Arrest, Detention, or Exile
Due process is provided by law and observed
in practice. Except in cases of hot pursuit, judicial warrants are required for
arrests. Detainees must be charged and must appear before a judge within 24 hours
of arrest. Prisoners are not held incommunicado, and immediate access to an attorney
is granted. Those who are charged are held pending trial or released on bail
at the judge's discretion. Exile is never imposed.
e. Denial of Fair Public Trial
Luxembourg has an independent and fair judicial
system with the right of appeal. Civilians are not tried in military courts. All defendants
have access to legal counsel, at public expense if necessaiy. All charges are
formally and publicly stated. Defendants are presumed innocent until proven guilty
in a court of law. They have the right to public trial, cross-examination of witnesses,
and presentation of evidence. Either the defendant or the prosecutor may appeal a
ruUng. An appeal results in a completely new iudicial procedure, with the possibility
that a sentence may be either increased or decreased. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The
right to privacy is protected by law and respected in practice. A judicial warrant
is required to enter a private residence, to monitor private correspondence, or to
conduct electronic surveillance. Freedom of choice in private matters is respected.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedoms of speech and press are legally protected
and respected in practice. Print media are privately owned and free of governmental
interference. The privately owned national radio and television company
has exclusive rights for television broadcasting within Luxembourg, but a newly instituted
permit system will allow establishment of other private radio stations. The
company is subject to governmental oversi^t but functions independently. Radio
and television broadcasts from neighboring countries are legally and freely available.
Censorship is not legally imposed, but societal consensus on propriety largely precludes
dissemination of extreme pornography or of sensitive information concerning
national security or the royal fanuly. Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly
and association is provided by law and exists in practice. No limitations are imposed
on orderly public meetings or demonstrations. Permits for public demonstrations are
routinely issued.
c. Freedom of Religion
There is no state religion, and full freedom of religious
choice exists. There are no restrictions on maintaining places of worship, religious
training or instruction, publication of religious material, or participation in charitable
activities. Foreign clei^ practice freely. The State pays the salaries of Roman
Catholic, Protestant, and Jewish clergy. Local governments often provide and maintain
facilities. Luxembourg's population is about 95 percent Roman Catholic.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There is full freedom of domestic and foreign travel, emigration, and repatriation.
Luxembourg asylum policy grants asylum seekers due process and fuU
consideration of their cases.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Luxembourg is a fully functional multiparty democracy. There is universal suffrage
for all citizens aged 18 and above. Policy is freely debated within the Government
and the society. There is no risk in dissent; opposition groups and political
parties operate without fear of government repression. National elections are held
every 5 years, and local elections occur every 6 years. Representatives are chosen
by secret ballots in direct elections which are based on a proportional system. Multiple
candidates run for most positions. Luxembourg's foreign population may not
vote but may influence the political process indirectly through membership in labor
unions and other organizations. Women participate freely in the political process.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations ofHuman Rights
The activities of international and local human rights groups are not restricted.
Luxembourg consistently supports international and nongovernmental investigations
of alleged human rights violations.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Racial, social, or sexual discrimination is prohibited by law. In practice, blatant
discrimination rarely occurs, and relations between groups are gooa. Approximately
85 percent of Luxembourg's foreign population comes from European Community
member states. Luxembourg recognizes a need for foreign workers, and foreigners
Generally are assimilated into the overall society and economy without difficulty,
kinheads and neo-Nazis are few, and antiforeigner incidents were infrequent and
confined largely to harassment.
Approximately 1,400 refugees fleeing former Yugoslavia entered Luxembourg during
1992 under a program of temporary asylum. Perhaps an even larger number of
Yugoslav refugees entered the Grand Duchy without benefit of formal asylum status.
Government and private entities are actively working to ensure that the basic
needs of this refugee community are being met.
Women and men enjoy the same property rights, and equal pay for ec|ual work
is mandated by law. In the absence of a prenuptial agreement, property is equally
divided upon dissolution of a marriage. Violence against women is not widespread
and is not tolerated by society or the Grovemment. Several women's rights groups
are active in Luxembourg, including some that aid battered women.
Section 6. Worker Rights
a. The Right of Association
All workers have the right to associate freely, choose
their own representatives, publicize views, and determine agenda. Approximately 65
percent of the labor force is unionized. Membership is not mandatory. Unions operate
free of governmental interference. The two largest labor federations are linked
to, but organized independently of, the Christian Social and the Socialist parties.
There are also several mdependent unions.
Except for some government workers providing essential services, all workers
have the right to strike. Those government workers who may strike must observe
certain conditions, such as preliminary cooling-ofF periods. Workers rarely strike in
Luxembourg; no strikes occurred in 1992. Still, the labor federations used a general
strike threat in the spring to reach agreement on a health insurance system reform
compromise that averted a cut in government contributions.
Unions maintain unrestricted contact with international bodies, including the European
Trade Union Confederation and the International Confederation of Free
Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected
by law and freely practiced throughout Luxembourg. Wages, benefits, and
working conditions are set in free negotiations between unions and employers. All
businesses having 15 or more employees must have worker representatives. Businesses
with over 150 employees must form works councils composed of equal numbers
of management and employee representatives. In businesses with more than
1,000 employees, one-third of the memoership of the supervisory boards of directors
must be employees' representatives.
Both Luxembourg law and practice promote union activity and protect union leaders
and members from discrimination. Effective procedures exist and are used to adjudicate
employment-related complaints.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited
by law and does not exist.
d. Minimum Age for Employment of Children
Employment of children under the
age of 15 is prohibited. Children are required by law to remain in school until they
are 16 years old. Apprentices between 15 ana 16 years of age must also attend
school. Adolescent workers receive additional legal protection, including limits on
overtime and the number of hours that can be worked continuously. The Ministries
of Labor and of Education oversee strict enforcement of national child labor and
education laws.
e. Acceptable Conditions of Work
The current minimum wage legislation, effective
as 01 August 1992, provides for a minimum wage for workers at least 18 years
of age with no dependents. Lower, tiered minimum wage rates apply to younger
workers and students between 15 and 18 years of age and increase yearly by age.
Minimum wage rates apply, without exception, to all sectors of the economy. All
wages and salaries are indexed to the general cost-of-living index. Supplements to
the minimum wage are added for workers with dependents. Nonetheless, supporting
a family in Luxembourg is difficult on the minimum wage. In practice,
Luxembourg's wages are among the world's highest, and most employees receive
more than the minimum wage.
National legislation mandates a workweek of 40 hours. Premium pay is required
for overtime or unusual hours. Employment on Sunday is prohibited except in con839
tinuous process industries (steel, glass, and chemicals) and for certain maintenance
and security personnel. All workers receive a minimum of 5 weeks of paid vacation
yearly, in admtion to paid holidays.
Luxembourg's health and safety standards are among the highest in the world.
A safe working environment is mandated by law and strictly enforced throu^ an
inspection system that provides severe penalties for infractions. Inspections are carriea
out by the Labor Inspectorate of the Ministry of Labor and by Accident Insurance
Agency of the Social Security Ministiy.
