I WORLD HEALTH ORGANIZATION A46/INF.DOC./7 30 April 1993 ORGANISATION MONDIALE DE LA SANTE

FORTY-SIXTH WORLD HEALTH ASSEMBLY

Provisional agenda item 11

COMMUNICATION CONCERNING

The Director-General has the honour to bring to the attention of the Health Assembly the text of a communication concerning Andorra dated 31 March 1993, together with background information, which was received on 15 April 1993. A46/INF.DOC./7 page 2

ANNEX

AND ORRA Andorra la Vella, 31 March 1993

Cap db Govern

Réf. 307-SA-93

Dr. Hiroshi NAKAJIMA Director-General World Health Organization CH-1211 GENEVA 27 -SWITZERLAND-

On behalf of the government and people of Andorra, I have the honour to inform you that Andorra wishes to apply for admission to membership of the World Health Organization in accordance with Article 6 of the WHO Constitution.

Last 14 March 1993, by "Referendum", Andorra proclaimed his sovereignty setting up a "Constitutional state of right". The text was approved by 74,2 per cent of votes. Please find enclosed for information a brief background paper on the status of Andorra.

I have the honour to request you to place this application on the agenda for consideration by the Forty-fifth World Health Assembly which opens on 4 May 1992.

Please accept, Sir, the assurance of my highest consideration.

Oscar RIBAS REIG Head of Government BACKGROUND

Andorra is a landlocked country completely located within the range. The 63 Kms. of border with (South, South-East and West) and the 56 Km. with (North, North-West and East) have remained practically unchanged since the Middle Ages. It is a mountain state and the microstate with the highest altitudes in the world.

The highest peaks (over 2.900 mts.) are located mainly in the N. and N.W. of the territory. The valleys are mainly situated in the Mediterranean side of the Pyrenees. They form the "Andorran Y" following the three main rivers (Valira d'Orient and Valira del Nord merging at Escaldes-Engordany to create the , which then merges the Segre already in Spanish territory)•

There are Mediterranean influences in the clime of most of the country. Rain is relatively limited (770шш-1100шш per year), if compared with other areas of the Pyrenees, and are present specially in spring and summer. There is snow in winter (welcomed in the sky resorts through the country).

Human presence can be traced as far as the Neolithic era in the lower parts of the valleys where the soil of glacial origin could be cultivated.

Almost all historians accept that Andorra was invaded by the and the territory was conquered again by the Francs in the 8 th century who, then, became sovereigns of Andorra. In the consecration act of the cathedral of Seu d'Urgell (9th century) the Andorran parishes are listed.

More evidence can be found in documents from the 11th and 12th century. In 1278 an arbitral ruling, known as

"pariatge1 " is signed between the Bishop of Urgell, Pere d Urg, and the Count of Foix, Roger Bernât III in order to prevent the continuous fighting between the Church of Urgell and the County of Foix. The ••pariatge" established the undivided ownership of Andorra of both of them. Four years after, Pope Martin IV, confirmed those arrangements through a papal bull. In 1288 a second "pariatge" was signed to specify some of the agreements of the.first text. By the end of the 13th century the Church of Urgell and the Maison de Foix owned the "Merum Imperium" over Andorra. This peculiar institutional organization stayed for centuries, far away from the evolution of the rest of Europe. The sovereignty of the Bishop of Urge11 over Andorra, which began in the 13th century, still exists today with the same characteristics and sovereign. The rights belonging to the Maison de Foix remained with no changes until Henri II de Foix became King of France. Then the rights over Andorra were incorporated to the crown. After the evolution of the institutional regimes in France, the rights over Andorra belong presently to the President of the French Republic, those rights are exercised as a personal title as a direct successor of the Maison de Foix and not as the head of state of France.

The signature of the "pariatges" in 1278 and 1288 ratified the Co-Principality as the basis of the Andorran juridical status.

There is no historic event between the 13th century and the end of the 18th century which could endanger the institutional configuration of Andorra. Centuries passed with no changes in the agricultural and pastoral economy of the country and with no interest in the events that far away from its mountains designed new power structures and new life styles.

The French Revolution challenged the institutional equilibrium,• However, in 1806, Napoleon I, following suggestions from the Andorran people, reestablished the Co-Principality through imperial decree.

Although Andorrans recovered their institutional basis, several internal and external events created conflicts during the 19th century. The 20th century was welcomed with a will for change although no one could imagine the great evolution of the country specially from the 50's onwards.

Important changes appeared already after the Spanish Civil War (1936-39) and the Second World War (1939- 45). However a dramatic economic development of the country started in 1958 with the consequent population growth. In 1964 the national census recorded 12199 inhabitants, presently there are 61874 inhabitants.

The population is distributed in seven parishes (the territorial and administrative division of the country) with different densities and with a market economy based in commerce and tourism..

The economic and cultural evolution , the population growth and the need for modern administrative A46/INF.DOC./7 page 2

Annex

structures, public institutions and justice administration urged Andorra to create a system -a Constitution- to both protect it as a country and to give it life expectancy in modern Europe.

In 1993 through its first written Constitution Andorra decides its new way of functioning: a democratic and social state, which maintains its structure of Co- Principality, now as a Parliamentary Co-Principality.

This new reality was possible through a trilateral negotiation with participation of: the Members of the Andorran Parliament (Conseil General) and the representatives of both co-princes: the Episcopal and the French between 1990 and 1992. The Constitution is then the result of an agreement over solid convictions. The Constitution tries to modernize the country, to consolidate the basic structures of Andorra and to reach the maximum effectively and equilibrium between the three powers. The legislative functions are in the hands of the "Conseil General" (Parliament) , which was created in 1419 with the name of "Conseil de la Terra" (Board of the Land). With the Constitution it will completely represent the Andorran people. The executive functions will be in hands of the Government, first created in 1981 by decree, which will direct the domestic and external affairs and the internal administration• Finally the Administration of Justice which will be reformed after the Constitution both to improve its performance and to make it more similar to the rules of international jurisprudence. Its organization will be unified and will be independent.

On February 2nd, 1993, the "Conseil General" unanimously approved the Constitutional text. On March 14th a Referendum took place. The Constitution was also approved by the 74•2 per cent of votes.

From the enactment of the Constitution the sovereignty of Andorra has passed from the Co-Princes to the people of Andorra. Andorra becomes a democratic state based on the separation of powers and ensures its international recognition. The Co-Princes are 一 together and "indivisible"- the Head of State and they have equal powers as derived from the Constitution. The Andorrans have recognized their political rights and all the citizens their civilian, social and labour rights•