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ANTI-RACIAL DISCRIMINATION COMMITTEE EXAMINES REPORT OF MOROCCO
06 August 1998
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AFTERNOON
HR/CERD/98/40
6 August 1998
The Committee on the Elimination of Racial Discrimination this afternoon began consideration of a report from the Government of Morocco on the implementation of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the thirteenth periodic report, Nacer Benjelloun-Touimi, Permanent Representative of Morocco to the United Nations Office at Geneva, said that the Government was committed to reforming the justice system in order to ensure that justice was done equally for all. The authorities considered that justice was an essential sector of society and principal pillar to the consolidation of state of law, he added.
Committee members asked for more details on a number of issues, including among others, the judiciary reform to combat corruption; the referendum in Western Sahara; and cases of disappeared persons.
Taking part in the discussion this afternoon were Committee experts Régis de Gouttes, Luis Valencia Rodriguez, Gay McDougall, Ion Diaconu, Deci Zou, Mario Jorge Yutzis, Theodoor van Boven, Shanti Sadiq Ali, Agha Shahi, Yuri A. Rechetov and Mahmoud Aboul-Nasr.
As one of 150 States members of the Convention on the Elimination of All Forms of Racial Discrimination, Morocco is required to submit periodic reports to the Committee on its efforts to implement that international instrument.
The Committee will reconvene at 10 a.m. Friday, 7 August to continue consideration of the report of Morocco.
Report of Morocco
The thirteenth periodic report of Morocco (document CERD/C/298/Add.4) noted in its remarks on the general political structure that Morocco is a constitutional, democratic and social monarchy. It states that the King is the supreme representative of the nation, the symbol of its unity and the guarantor of the permanence and continuity of the State; and he is the protector of the rights and freedoms of citizens, social groups and communities. Legislative power is exercised by a bicameral Parliament, and the Government is composed of the Prime Minister and ministers. The judiciary is independent of both state powers.
The report states that in 1990, the Human Rights Advisory Council was established to ensure the strictest possible observance of human rights and to assist the Monarch in all human-rights-related questions. Since 1993, Morocco has had a Ministry of Human Rights whose functions include, among others, studying all laws and regulations to assess their conformity with human rights principles and proposing any necessary adjustments. Persons whose rights have been violated are entitled to judicial remedy through the courts.
In Morocco, political rights are guaranteed to all nationals without discrimination by the Constitution, the report continues to state. The Constitution also guarantees all citizens the right to movement and residence in the Kingdom, freedom of opinion, expression and assembly, freedom of association and freedom to join trade unions and political organizations.
Introduction of Report
Introducing the report, NACER BENJELLOUN-TOUIMI, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an end by itself and an essential factor of socio-economic development, the Kingdom of Morocco had undertaken a series of legislative measures in the course of 1990s. It had also built institutions with the aim to improve and promote human rights.
Mr. Benjelloun-Touimi further said that the constitutional revision had caused the creation of a bicameral Parliament, thus preparing the ground for an anticipated general election which resulted in the formation of an alternative Government. The result of the election had been an event for the coming to power of the opposition which was presided over by human rights activist who, for a long time, had been in Geneva working with non-governmental organizations defending human rights.
In his inaugural address to Parliament, the actual Prime Minister had declared that the defence of human rights, such as they were universally recognized, represented one of the essential orientations of the Government, Mr. Benjelloun-Touimi said.
Mr. Benjelloun-Touimi said the Government was committed to reforming the justice system in order to ensure that justice was done equally for all. The authorities considered that justice was an essential sector of society and principal pillar to the consolidation of state of law.
Through the prolongation of the positive evolution, Morocco sought to strengthen its action by disseminating the culture of human rights within the society so that every citizen impregnate the values of human rights, Mr. Benjelloun-Touimi said.
Discussion
REGIS DE GOUTTES, the Committee expert who served as country rapporteur for the report of Morocco, congratulated the Government of Morocco for the prompt and regular submission of its reports. Morocco should also be lauded and encouraged for its progressive undertakings to reform, modernize, open and improve the situation of human rights in the country. Although much efforts had to be still exerted, significant evolution in the reform task had been accomplished to serve as a model to the countries of the region.
Mr. de Gouttes commented on the report and then posed a number of questions to the delegation. He said the report did not appear to be at the level of the Committee's expectation. The information provided by the report was succinct and exclusively too juridical. The report did not supply answers to previous demands by the Committee on such questions as insufficiency of data concerning ethnic composition; the absence of a legislative provision condemning propaganda based on racial superiority; and the lack of information on the situation of certain groups susceptible to be the object of discrimination, particularly in Western Sahara.
Mr. de Gouttes recalled that during the consideration of the eleventh periodic report, Committee members had underlined the need to dispose of information on the ethnic characteristics of the population. To that effect, the delegation was requested to provide data based on the ethnic, racial or linguistic division, and not on socio-economic criteria. He reiterated the request made earlier and hoped that the delegation would provide the Committee with such information.
The Committee members were eager to be informed on the sharing of official functions by the former political opponents within the new Government, Mr. de Gouttes said. The Committee also sought to receive additional information on the judicial reform undertaken by the Minister of Justice to combat corruption. Mr. de Gouttes underlined that the report should have contained updated information on the situation in the Western Sahara and on the United Nations plan of action aimed at settling the problem and the Houston agreement on the issue. According to the information he had received, a referendum had been scheduled to take place in that region in December 1997. Because of the dissension between the Government of Morocco and POLISARIO Front, the May 1996 referendum had been suspended. However, there were still difficulties in establishing the identification of voters by the United Nations Mission for the Organization of a Referendum in Western Sahara (MINURSO).
Responding to questions raised by Committee members, the Moroccan delegation said that in the actual situation of Morocco, it was difficult to distinguish between Arabs and Berbers because of the long history of cohabitation and mixture among them. In the past Arabs were Berberized and vise versa. In addition, Blacks had been intermingled socially and lived together with other ethnic groups making it difficult to divide the Moroccan society in terms race or colour.
With regards to the riot in Fès by Islamic extremists and leftist students, reported in the media, the delegation said that any persons could legitimately claim their rights and that was part of the democratic process. However, the Government was engaged in providing employment to graduate students and others who were still looking for work.
The Government of Morocco had attempted to elucidate the cases of disappeared persons claimed by the Working Group on Involuntary Disappearances, the delegation said. So far, the Government had cleared up a number of cases and was working on others not yet settled. The delegation, however, admitted that some cases were difficult deal with. Regarding cases of disappearances in the Western Sahara, the delegation said it was merely propaganda and no one had provided the Government with details of the disappeared persons. The Government's hypothesis was that persons who died during the armed strife were registered solely for propaganda purposes.
Concerning the referendum process in the Western Sahara, the delegation affirmed that the referendum would not take place in December 1998 as planned by the United Nations. There were still problems persisting in the process of identification of voters. Among the voters 60,000 persons were identified according to the criteria of belonging to sub-divisions of a tribe based on the census established by the former ruler, Spain. The Polisario feared that those identified might be Moroccans but the Government of Morocco argued that they were identified in accordance with the UN criteria and were thus eligible to vote.
HR/CERD/98/40
6 August 1998
The Committee on the Elimination of Racial Discrimination this afternoon began consideration of a report from the Government of Morocco on the implementation of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the thirteenth periodic report, Nacer Benjelloun-Touimi, Permanent Representative of Morocco to the United Nations Office at Geneva, said that the Government was committed to reforming the justice system in order to ensure that justice was done equally for all. The authorities considered that justice was an essential sector of society and principal pillar to the consolidation of state of law, he added.
Committee members asked for more details on a number of issues, including among others, the judiciary reform to combat corruption; the referendum in Western Sahara; and cases of disappeared persons.
Taking part in the discussion this afternoon were Committee experts Régis de Gouttes, Luis Valencia Rodriguez, Gay McDougall, Ion Diaconu, Deci Zou, Mario Jorge Yutzis, Theodoor van Boven, Shanti Sadiq Ali, Agha Shahi, Yuri A. Rechetov and Mahmoud Aboul-Nasr.
As one of 150 States members of the Convention on the Elimination of All Forms of Racial Discrimination, Morocco is required to submit periodic reports to the Committee on its efforts to implement that international instrument.
The Committee will reconvene at 10 a.m. Friday, 7 August to continue consideration of the report of Morocco.
Report of Morocco
The thirteenth periodic report of Morocco (document CERD/C/298/Add.4) noted in its remarks on the general political structure that Morocco is a constitutional, democratic and social monarchy. It states that the King is the supreme representative of the nation, the symbol of its unity and the guarantor of the permanence and continuity of the State; and he is the protector of the rights and freedoms of citizens, social groups and communities. Legislative power is exercised by a bicameral Parliament, and the Government is composed of the Prime Minister and ministers. The judiciary is independent of both state powers.
The report states that in 1990, the Human Rights Advisory Council was established to ensure the strictest possible observance of human rights and to assist the Monarch in all human-rights-related questions. Since 1993, Morocco has had a Ministry of Human Rights whose functions include, among others, studying all laws and regulations to assess their conformity with human rights principles and proposing any necessary adjustments. Persons whose rights have been violated are entitled to judicial remedy through the courts.
In Morocco, political rights are guaranteed to all nationals without discrimination by the Constitution, the report continues to state. The Constitution also guarantees all citizens the right to movement and residence in the Kingdom, freedom of opinion, expression and assembly, freedom of association and freedom to join trade unions and political organizations.
Introduction of Report
Introducing the report, NACER BENJELLOUN-TOUIMI, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an end by itself and an essential factor of socio-economic development, the Kingdom of Morocco had undertaken a series of legislative measures in the course of 1990s. It had also built institutions with the aim to improve and promote human rights.
Mr. Benjelloun-Touimi further said that the constitutional revision had caused the creation of a bicameral Parliament, thus preparing the ground for an anticipated general election which resulted in the formation of an alternative Government. The result of the election had been an event for the coming to power of the opposition which was presided over by human rights activist who, for a long time, had been in Geneva working with non-governmental organizations defending human rights.
In his inaugural address to Parliament, the actual Prime Minister had declared that the defence of human rights, such as they were universally recognized, represented one of the essential orientations of the Government, Mr. Benjelloun-Touimi said.
Mr. Benjelloun-Touimi said the Government was committed to reforming the justice system in order to ensure that justice was done equally for all. The authorities considered that justice was an essential sector of society and principal pillar to the consolidation of state of law.
Through the prolongation of the positive evolution, Morocco sought to strengthen its action by disseminating the culture of human rights within the society so that every citizen impregnate the values of human rights, Mr. Benjelloun-Touimi said.
Discussion
REGIS DE GOUTTES, the Committee expert who served as country rapporteur for the report of Morocco, congratulated the Government of Morocco for the prompt and regular submission of its reports. Morocco should also be lauded and encouraged for its progressive undertakings to reform, modernize, open and improve the situation of human rights in the country. Although much efforts had to be still exerted, significant evolution in the reform task had been accomplished to serve as a model to the countries of the region.
Mr. de Gouttes commented on the report and then posed a number of questions to the delegation. He said the report did not appear to be at the level of the Committee's expectation. The information provided by the report was succinct and exclusively too juridical. The report did not supply answers to previous demands by the Committee on such questions as insufficiency of data concerning ethnic composition; the absence of a legislative provision condemning propaganda based on racial superiority; and the lack of information on the situation of certain groups susceptible to be the object of discrimination, particularly in Western Sahara.
Mr. de Gouttes recalled that during the consideration of the eleventh periodic report, Committee members had underlined the need to dispose of information on the ethnic characteristics of the population. To that effect, the delegation was requested to provide data based on the ethnic, racial or linguistic division, and not on socio-economic criteria. He reiterated the request made earlier and hoped that the delegation would provide the Committee with such information.
The Committee members were eager to be informed on the sharing of official functions by the former political opponents within the new Government, Mr. de Gouttes said. The Committee also sought to receive additional information on the judicial reform undertaken by the Minister of Justice to combat corruption. Mr. de Gouttes underlined that the report should have contained updated information on the situation in the Western Sahara and on the United Nations plan of action aimed at settling the problem and the Houston agreement on the issue. According to the information he had received, a referendum had been scheduled to take place in that region in December 1997. Because of the dissension between the Government of Morocco and POLISARIO Front, the May 1996 referendum had been suspended. However, there were still difficulties in establishing the identification of voters by the United Nations Mission for the Organization of a Referendum in Western Sahara (MINURSO).
Responding to questions raised by Committee members, the Moroccan delegation said that in the actual situation of Morocco, it was difficult to distinguish between Arabs and Berbers because of the long history of cohabitation and mixture among them. In the past Arabs were Berberized and vise versa. In addition, Blacks had been intermingled socially and lived together with other ethnic groups making it difficult to divide the Moroccan society in terms race or colour.
With regards to the riot in Fès by Islamic extremists and leftist students, reported in the media, the delegation said that any persons could legitimately claim their rights and that was part of the democratic process. However, the Government was engaged in providing employment to graduate students and others who were still looking for work.
The Government of Morocco had attempted to elucidate the cases of disappeared persons claimed by the Working Group on Involuntary Disappearances, the delegation said. So far, the Government had cleared up a number of cases and was working on others not yet settled. The delegation, however, admitted that some cases were difficult deal with. Regarding cases of disappearances in the Western Sahara, the delegation said it was merely propaganda and no one had provided the Government with details of the disappeared persons. The Government's hypothesis was that persons who died during the armed strife were registered solely for propaganda purposes.
Concerning the referendum process in the Western Sahara, the delegation affirmed that the referendum would not take place in December 1998 as planned by the United Nations. There were still problems persisting in the process of identification of voters. Among the voters 60,000 persons were identified according to the criteria of belonging to sub-divisions of a tribe based on the census established by the former ruler, Spain. The Polisario feared that those identified might be Moroccans but the Government of Morocco argued that they were identified in accordance with the UN criteria and were thus eligible to vote.