1. In its report on San Marino (fourth monitoring cycle) published on 9 July 2013, ECRI recommended that the Sammarinese authorities ensure that the Equal Opportunities Commission is able to address issues covered by ECRI’s mandate. The Commission should be expressly provided with competence to combat racism and racial discrimination1 , should be made independent from the Government and given sufficient means to fulfil its tasks effectively. In reviewing the Commission’s functioning and mandate. ECRI strongly recommended also that the authorities take into account ECRI’s General Policy Recommendations No. 2 on specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level, and No. 7 on national legislation to combat racism and racial discrimination. As it concerns the recommendation to review the mandate of the Equal Opportunities Commission, the Sammarinese authorities have informed ECRI that no legislation has been enacted yet providing the Commission with express terms of reference to combat racism and racial discrimination, despite a request submitted to this effect by the Commission itself. As it concerns the recommendation to ensure the Commission’s independence from the Government, the authorities claim that this is guaranteed by virtue of the plurality of views of its members; these are appointed by the parliament and represent all political parties, as well as civil society and trade unions. ECRI notes, however, that the Commission does not have its own premises, budget and staff, and that its members work on a voluntary basis.2 Moreover, ECRI has been informed that, as already noted in its fourth report, the Commission is not at all active in the fields covered by ECRI’s terms of reference, despite the fact that its role is to promote full equality among citizens with reference to the grounds of discrimination enumerated in the Constitution (i.e. the 1974 Declaration). ECRI, therefore, reiterates the view that, in order to effect real change, the law setting up the Commission should be amended; its de jure independence should be guaranteed; and provision should be made for the necessary funds and staff to ensure its independence de facto. In light of the above, ECRI concludes that its recommendation has not been implemented. 2. In its report on San Marino, ECRI recommended that the authorities review the legislation on stay and work permits for foreigners who come to San Marino to work as private carers and in particular to allow them to work for 12 consecutive months per year so as to reduce their precariousness of employment. The authorities have informed ECRI that in July 2015 the Sammarinese Parliament amended the legislation on stay and work permits for foreigners. Foreigners are no longer subject to an 11 month maximum period of stay. They can be issued with a 12 month stay permit, which may be renewed three times for a maximum period of four years (after which the foreigner has to submit a new application for a stay permit). ECRI welcomes this positive development which reduces the precariousness of employment of foreign workers and in particular of the more of 300 private carers (so called badanti) working in San Marino. In view of this legislative development, ECRI considers that its recommendation has been implemented.
