Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS THIRD PERIODIC REPORT OF MOROCCO
11 May 2006
Share
11 May 2006
The Committee on Economic, Social and Cultural Rights has reviewed the third periodic report of Morocco on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Mohamed Bouzoubaa, the Minister of Justice of Morocco, who said Morocco was committed to the respect of all international covenants and treaties ratified in the field of human rights, and was also committed to cooperation with the treaty bodies in a constructive and clear dialogue. Political and social projects, led by His Majesty the King, were in line with the idea that the individual should be the purpose and object of efforts to promulgating human rights, with the individual as a part of society, in order to identify choices available to Moroccans and in line with the principle of the universality and indivisibility of human rights. The defence of human rights was a national choice, which was not questioned, but was a responsibility incumbent on all members of society, the Government, the public sector, and all those working within society in order to ensure that economic, social and cultural rights received their proper place in line with Morocco’s capacities in human and material terms.
During the discussion, which was held over three meetings, Committee Experts raised questions pertaining to, among other things, the situation in the Western Sahara; discrimination against the Amazigh; the situation of migrants; the situation of women in particular with regards to polygamy; discrimination suffered by women in the context of employment and maternity; the need for disaggregated data; access to education by women; legal provisions on sexual harassment; the housing system and related issues on homelessness; why there was such a gap between the number of children in primary and secondary education; and what was being done to preserve the identity of minorities.
The Committee will issue its concluding observations and recommendations on the report of Morocco at the end of its three-week session on 19 May.
Other members of the Moroccan delegation included representatives of the Permanent Mission of Morocco to the United Nations Office at Geneva, the Secretariat of State in charge of Family and Solidarity; the Ministry of the Interior; the Ministry of Agriculture, Rural Development and Sea-Fishing; the Ministry of Health; the Secretariat of State in charge of Alphabetisation and non-Formal Education; the Ministry of National Education, Superior Education, Training and Scientific Research; the Ministry of Finances and Privatisation; and the Ministry of Employment and Professional Training.
The Committee will reconvene at 10 a.m. on Friday, 12 May, to discuss a draft general comment on article 2.2 of the Covenant concerning non-discrimination.
Report of Morocco
The third periodic report of Morocco (E/1994/104/Add.29) addresses the Committee’s previous recommendations and subjects of concern and reviews Morocco’s implementation of the International Covenant on Economic, Social and Cultural Rights during the period since the submission of the second periodic report. It also highlights the latest progress made in the area of human rights and in consolidating the rule of law. The promotion of children’s rights is a legislative and institutional priority.
Committed to implementing the recommendations adopted in Copenhagen at the World Summit for Social Development, the Moroccan Government has identified an integrated community-based social development strategy. This strategy is aimed at revitalizing and promoting efforts by local communities and encouraging initiatives involving all social actors with a view to ensuring access to isolated regions, creating jobs and reducing poverty. The Government is also working to implement a system for identifying the most needy groups in the population so that the State can provide them with free social services, particularly in the areas of health care, housing, food and social welfare. The programme of social priorities focuses on three main areas: basic education, health care and social welfare. The public authorities are pursuing a social solidarity policy that seeks to expand the access of disadvantaged groups to basic social services and poverty-reduction measures.
The equal recognition and enjoyment by men and women of the rights contemplated in the Covenant is a principle established in the Constitution. The status of women in Morocco has improved significantly. There is a genuine political commitment to improving women’s status in all areas. The Moroccan Government recalls that it has not adopted any measure aimed at limiting the rights recognized in the Covenant. Moreover, any violation of fundamental human rights is punishable under the legislative provisions in force. The right to work is guaranteed by article 13 of the Moroccan Constitution, and a new Labour Code was adopted in 2003, with many mechanisms put in place to promote employment.
Introduction of Report
MOHAMED BOUZOUBAA, Minister of Justice of Morocco, said Morocco’s election to the new Human Rights Council was recognition of it as a country which had always respected human rights and the rule of law, both nationally and internationally. Morocco would now be one of the founder members of the Council. Morocco was committed to the respect of all international covenants and treaties ratified in the field of human rights, and was also committed to cooperation with the treaty bodies in a constructive and clear dialogue. Political and social projects led by His Majesty the King were in line with the idea that the individual should be the purpose and object of efforts to promulgating human rights, with the individual as a part of society, in order to identify choices available to Moroccans and in line with the principle of the universality and indivisibility of human rights. The principle of focusing on the economic and social construction of the country, bringing together the various sectors and strengthening international cooperation, provided the framework in which all initiatives taken by Morocco towards its citizens should be envisaged in the framework of international cooperation.
The defence of human rights was a national choice, which was not questioned, but was a responsibility incumbent on all members of society, the Government, the public sector, and all those working within society in order to ensure that economic, social and cultural rights received their proper place in line with Morocco’s capacities in human and material terms so that it could ensure that economic, social and cultural rights and civil and political rights were properly observed in a joint approach. Morocco had some 30 million inhabitants, many of whom were young. On reform, moderation and modernisation, work was being done despite limited resources and rising prices in terms of fuel and energy. Nevertheless, Morocco was doing everything possible to comply with its national and international obligations, in the spirit of national solidarity. School enrolment, access to safe drinking water, and employment were all positive.
Initiatives were continuing within the framework of the Great Maghreb, with a view to strengthening human rights and within the framework of human rights treaties and conventions, which were respected, whether on civil and political rights or economic, social and cultural rights. Initiatives with great challenges for building a modern Morocco with democracy and human rights and opening the door to reforms and projects in the field of infrastructure which could strengthen growth were a priority for the Government, which was bringing these together, collaborating with all partners, including civil society, and regional and national organizations, taking into account the urgency and needs of those for whom these initiatives were tailored. These programmes were aimed, among other things, at alleviating poverty, encouraging human development, bringing around greater social cohesion, and attaining sustainable economic development, and were focused on the Millennium Development Goals.
Questions Raised by Committee Experts
With regards to articles one to five of the Covenant, an Expert asked a question on the judiciary, saying that the judiciary was very important for the implementation of all human rights, and the material available tended to suggest that it was not fully independent in Morocco, that it was subject to external pressure, and also included some corrupt judges, and the delegation should comment on this. The replies to the list of issues was not very satisfactory, he said, noting that the Committee had asked questions on Western Sahara, which had been under the control of Morocco since 1964, and had not received a response. Had the courts dealt with any cases in which children of Moroccan mothers and foreign fathers could not obtain Moroccan nationality, he asked, also asking how the provisions of local law courts were reconciled with those of the Covenant.
Another Expert asked whether the State party could give any new data on the situation of the Western Sahrawis. There were also many concerns regarding women, as there were a lot of traditional practices which placed them in the place of second-class citizens, including divorce, succession, access to property and land-owning and other issues which indicated that women had difficulty in exercising their rights. What was the State party doing to improve the plight of women, he asked. Another Expert noted a significant evolution in Morocco in terms of change, development in human rights, and development in general, the major thrusts of which were reforms reflecting the will of the Moroccan authorities to achieve respect for human rights. With regards to the Equity and Reconciliation body, this was a concept existing in many countries, such as South Africa, and he asked whether the creation of such a body meant that Morocco acknowledged that there had been violations of human rights, and if so, at what period. Did Morocco think that at the end of the mandate of that body, the country would enter a fresh era of respect of human rights, he asked, also inquiring whether the population had been consulted about the creation of that body. He also pointed out the lack of replies to the list of issues, in particular those on the Amazigh people. He asked what was the situation of those immigrants who had been subject to refoulement, and how their rights were protected.
An Expert said there had been a favourable evolution with regards to Morocco’s commitment to living up to its human rights standards, and there was a favourable attitude to human rights in that country. The reply on the Western Sahara given by the State was not entirely satisfactory, nor were those on the situation of migrants, and the Committee required information on the treatment extended to the latter, and what programmes existed in their regard. Another Expert asked what was the actual legal status of the Covenant, noting that Morocco had various and repeated initiatives for reform, and asking if they were based on or benefited from the Covenant. Did the new Council on Human Rights take economic, social and cultural rights into account, and deal with them, and if so, could examples be given, he asked. On discrimination, could concrete examples be given on the implementation criminalizing this, what sentences had been given, and when, he asked.
The equal enjoyment of all economic, social and cultural rights for men and women was taken up by another Expert, who addressed the provision of free basic services, noting that those with low-incomes, in particular women and the Amazigh women, had difficulty benefiting from them. Considerable legislative advances had been made, but still women did not enjoy equality, in particular with regards to marriage, inheritance of property, and divorce, and there was considerable discrimination in these areas, as well as others. The persistence of traditional stereotypical attitudes were a problem, although there appeared to be also a legislative gap in terms of equality, and she wondered if the delegation agreed with this, asking what could be done to increase the notion in Moroccan society that things remained to be done in this regard. Another Expert also took up non-discrimination, noting that in the list of issues, it said that anyone who felt they had suffered discrimination could seek redress from certain bodies, and asked whether the accessibility of this system was sufficient. She also pointed out that education for the Amazigh was in Arabic, and this was a form of discrimination. Had there been any developments since changes were made in the Family Courts, in particular with regards to polygamy, she asked.
An Expert asked for information on possibilities for dismissing judges who had been involved in incidents of corruption, also asking how many women had been appointed as judges, and how many Amazigh people had been appointed to the police force and as officers of the military forces. With regards to disabled people, could information be given on any Parliamentary Acts or King’s Decrees assisting them with their problems with discrimination. What efforts had been made to limit trafficking in human beings, in particular children, he asked, in particular with regards to children that had been contracted to work for urban families. Was there likely to be any improvement on the status of single mothers in Moroccan family law, he asked. Another Expert asked if the provisions of article 1 of the Covenant were reflected in the Constitution of Morocco, and what was the interpretation of that article by the Government and the King of the State party. Another Expert asked if there was a Human Rights Ministry, and would the Ministry of Justice be incorporated within it, or did that latter Ministry have the competency regarding human rights.
Response by Delegation
MOHAMED BOUZOUBAA, Minister of Justice of Morocco, responding, said the Experts’ questions were queries that could not be totally convincing unless all the details and replies were given. Some questions were asked as though they were about another country, in particular in the references to the Amazigh. There was no discrimination whatsoever between an Arab and an Amazigh, as all were Moroccans and Muslims, and all enjoyed their rights equally. The French occupation of Morocco had tried to create this discrimination, but had failed. There was no discrimination at all, whatever form this may take, and it was a problem related only to accents or languages. The Amazigh Institution had been established to say that the Amazigh culture was part and parcel of Moroccan culture. There was unity of all Moroccans under the King, who was the leader of the country, including spiritually, and was the guardian of the unity of the country, guarding its sovereignty. There was unity among Moroccans on this concept and with regards to this relationship.
Moroccan laws were aligned with international instruments in order to build a country that worked in line with truth and justice. The judiciary was independent, Mr. Bouzoubaa said, and this was stipulated in the Constitution and in current laws. However, there was a problem which also faced other countries, with regards to corruption. The Supreme Council of Judges had reviewed more than 60 cases with regards to judges who had been accused of violating the honour of the profession, subsequent to which a number of judges had been dismissed, and others warned. Others had been imprisoned.
On the Western Sahara, Mr. Bouzoubaa said, what was happening was not political. The area was completely integrated into Morocco, and the inhabitants were represented in the Parliament, and had rural councils, with their own civil, legal and humanitarian societies. All the people who were residing in the area were dealt with as were those of the other regions. Morocco also tried to take into consideration the shortages which were specific to the region. The political situation of the area was before the United Nations, and Morocco respected that, but there were no inequalities in treatment, and that was clarified in the report and the answers given to the list of issues. The Experts should come to visit the area and would get first-hand experience of the situation. It was normal that there were some people who wished for secession, and these took advantage of any weak point or dissatisfaction in this regard, and Morocco dealt with these appropriately. However, with regards to economic, social and cultural rights, the area had the same rights as any other region.
With regards to the rights of women, Islam said that women were to be respected, dignified, and protected, Mr. Bouzoubaa said, and Morocco was fully convinced of this. Some foreign practices had entered Moroccan society and had undermined this status. The Family Courts had come to give both men and women equal rights to ask for divorce. In the past, women had to have a guardian as a sponsor who would endorse their marriage. According to the Family Courts, a woman who had reached the right age could take the decision of whether to marry herself. In the family, there was equal responsibility on each parent to bring up the children, and women could sign agreements with their husbands on the financial situation of the family, including inheritance. This had caused an increase in marriages, and a decrease in divorces, which was a clear testimony that the Family Courts had a very positive effect on the population.
In Islam, there was a possibility for a man to marry more than one woman, Mr. Bouzoubaa said. However, it was now very difficult for a man to have more than one wife, as they were very expensive. Morocco’s official position was that it was better to have only one wife, but if the husband wished to take other wives, there were various criteria, including the consent of the first wife, her inability to bear children, her inability to be a real wife, or the husband’s capacity to look after more than one wife. This was preferable to the situation in Europe where men had mistresses or concubines, as it was better to make the second relationship legal. Women received equal treatment as regarded salaries and employment chances, he said, and were represented in the judiciary and the health services. As a country that enjoyed stability and peace, tolerance, dialogue, reasonable behaviour even between religions where all enjoyed harmony, women were not the least to enjoy these advantages.
Morocco had become a transit country for migrants, Mr. Bouzoubaa said, and was the port of arrival for African immigrants, and Morocco dealt with these from a very humanitarian point of view. It had sent back 9,000 immigrants by air at its own cost over the last year, once it had determined their identity. Immigrants were dealt with legally, and all laws came under international human rights law. All international laws were being implemented gradually, as Morocco was keen on implementing them practically. Women, equal to men, had the right to own property, and their financial property was independent from that of men, although they shared the property of the house.
On the Equity and Reconciliation Institute, this was a pioneer institution which had been created under the Human Rights Council, and it served as a link between non-governmental organizations and the Government. Victims had spoken of their sufferings, and others had learned from this. Victims had spoken not for revenge, but to ensure that what had happened to them would not happen again in Morocco. The Institute was independent, and this was guaranteed by the King, and the executive had no connections with it. It worked independently to produce recommendations. There was harmony in its work, and the Government accepted the results of its work.
With regards to disabled people, there was a difficulty in Morocco, Mr. Bouzoubaa said, and that was what caused disabled persons, and this was mainly traffic accidents, which were very numerous. This was a problem which Morocco was trying to address. The Government gave jobs to people with disabilities, and many associations also did so. Work by children was often due to family solidarity. The minimum age for work was 18, but a special law was being drafted for domestic employees. On the Covenant and national legislation, one of the challenges before Morocco was the review of all laws to ensure they were in keeping with the international treaties to which Morocco was a signatory, and now that it had been elected to the Human Rights Council, this increased its commitment to economic, social and cultural rights as well as civil and political rights. All human rights issues were dealt with under the aegis of the Ministry of Justice.
On migration, the delegation said the scope of the agreement between Morocco and Spain was that it concerned only Moroccans who were sent back from Spanish territory. All repatriations took place in concert between the Moroccan authorities and the Embassy of the migrants involved, and took place in respect of basic human rights. Morocco considered that the Sahara was an integral part of its territory. The United Nations had proposed a number of solutions, but these either could not be applied or were unviable, even from the point of view of the United Nations, and the Experts would learn a lot if they read the Secretary-General’s report which had been submitted to the Security Council last April on the topic. Morocco was the only party which had indicated its will to negotiate, and the King had suggested a negotiated autonomy solution to solve the issue.
In follow-up questions, an Expert asked whether the independence of judges had not been compromised in a particular situation and required further information on that practice. Another Expert said that it was not the best solution for a child to be contracted out to another family, despite economic needs, and it was up to the public authorities to provide chances to that family so that they did not have to do such a thing. He also repeated his early question as to how many police and military officers were Amazigh, as if they had no access to these jobs, then this was discrimination.
Responding to the follow-up questions, the delegation said on the question of whether there was discrimination against disabled people and the relevant legislation against this, Moroccan law prohibited any form of discrimination, and sanctioned any such discrimination. Protection for disabled persons was included in the basic legislation and ensured their health-care and integration. In order to protect the right to work, the Prime Minister had published a decision, allocating 7 per cent of jobs in the public administration to disabled persons, and there was a project underway to decide upon a proportion of work for the disabled in the private sector. Morocco was a country which had precise information on people with disabilities and on the disabilities themselves. There was a global definition of disability, and the exact figures were known. Disabilities were a factor which had an impact on poverty, as those with disabilities faced particular social circumstances. There were a number of programmes for disabled persons in Morocco, for those from disadvantaged families.
On the measures taken by Morocco to put an end to all signs of discrimination, the delegation said that Morocco had made note-worthy efforts in terms of legislation, and there was also a change in mind-set. There were difficulties in implementing the Family Code. The King had announced his intention to review the law on citizenship so that Moroccan women could pass on citizenship to their children if the father was a foreigner. All Moroccan women were equal under law, and there were no arbitrary laws in their regard, but there had been special measures which would be subsequently done away with, as Morocco had signed the Convention on the Elimination of Discrimination Against Women. There was partnership and cooperation with the NGOs and with organizations concerned with the defence of women’s rights, and intense activity was being carried out on this topic in Morocco. Previously, an unmarried woman could not keep her child, but now legislation made this possible. There was a national strategy for equality at the local and national levels, and one to combat violence against women, and legislation prohibited all forms of sexual harassment and domestic violence.
An ILO Convention had been signed, the delegation said, and Morocco penalised and punished all work by children under the age of 15. Morocco made considerable efforts towards the protection of children, and this also included child labour. A national project was about to be initiated on the protection and saving of children, with the support of UNDP and UNICEF, and it aimed to protect children. An awareness campaign had been launched aimed to prevent the use of intermediaries to find child domestic servants. Efforts had also been made regarding access to schools.
The right to education was a constitutional right, and was inalienable, and could not be changed. No-one could deprive a pupil from acceding to education. Women were protected during pregnancy, and could resume their jobs after giving birth. Moroccan women could ask for divorce in eight cases, including differences between husband and wife, abandonment, and when the husband failed to provide for the family financially. There were three important laws on the environment, and Morocco was working to protect it, the delegation said.
Questions by Experts
Taking up articles six to twelve, an Expert said the Labour Code that had been adopted at the end of 2003 contained some positive elements, and asked if the State party was in a position to ratify the ILO Convention on maternity protection. She also noted that it would have a negative impact on work security, saying this was not a good effect from the perspective of protection of Covenant rights, asking for a comment on this issue. The Expert asked for data to be disaggregated so that the Committee could gain a better perspective on employment, wondering if there were still big differences in urban and rural areas, and if action was being taken in this regard. The problem of domestic workers remained, and she asked if changes had been made to the Labour Code in order to protect them. Where did the State party stand on ratification of ILO Convention 87 on the freedom of association, did it plan to ratify it, and if so, why not, she asked. Why had there been no repeal of the limitation of the right to strike and the right to collective bargaining. There were also issues with the pension system, and she asked if there were plans to reform it.
Another Expert said, on the question of the Amazigh, that Morocco had a duty to give pride of identity to all Moroccans, and that there was an administrative order under which there was a register of approved first names, and this went against Morocco’s laws of equality and non-discrimination. On the issue of access to justice, education and employment by Amazigh, she asked if it was possible to provide disaggregated data on these topics. Regarding women, 62 per cent of women were illiterate, and 34 per cent of men, and the report stated that women did experience difficulties in exercising their legally-protected rights, and she asked what were these difficulties, and why they existed when the law was on the side of the women. Further, what did the Government intend to do to ameliorate these difficulties. More specific information was required on access to education both for the urban poor and in rural areas. Did the Government have a strategy to promote vocational training for women, she asked. Did Morocco have a law against sexual harassment, or was it only a national strategy, and was it planning such a law, she asked. On polygamy, she pointed out that if men could take a second wife as the first was ill or infertile, then it was only just for women to be able to take a second husband, otherwise it was discrimination.
An Expert asked if the Covenant was referred to before the courts. He asked whether Morocco would follow the example set by Tunisia in prohibiting polygamy. He also raised the issue of marital rape, asking if Morocco would also punish this. Another Expert raised the issue of sexual harassment, and asked why legislation did not protect domestic workers in this regard in particular. There was no repression of sexual harassment, and it was not an offence in the legal code, he said, asking why this was the case. The Labour Code also did not offer sufficient protection to agricultural workers, and he asked why. On poverty, the poverty-reduction strategy should be targeted towards trying to reduce the rate in rural areas and to eradicate or eliminate the disparities in the standard of living between rural and urban areas, he said, asking if the poverty-reduction strategy incorporated economic, social and cultural rights. He also asked a range of questions linked to homelessness and housing strategies.
Did the Government have a sustained and structured programme on reducing street beggars, removing them from the streets and sending them to the appropriate educational and other institutions, an Expert asked. With regards to children, another Expert said that not all births were registered, and that some efforts remained to be done. There was also some doubt on the age of marriage, and he asked if this was harmonised for men and women. He also asked a question on the right to form trade unions, and whether there was not unnecessary administrative delay in the registration of these.
Another Expert said she had been pleased to hear the progress on gender-equity, and the promulgation of the Family Code and other positive steps. This had to be reflected in the daily lives of women, and she asked what the difficulties were in Moroccan society in implementing the Family Code. There were cultural problems, but many of these could be avoided, and she hoped that the various hindrances to full gender equality would be eliminated, and that polygamy would be done away with. What rights did the family booklet give to women, she asked. Were children born out of wedlock entitled to inherit and receive maintenance from the father, she asked. What sort of measures such as affirmative action had been taken to ensure equal opportunities in the field of education and employment, she asked, and what was done to ensure that women had access to employment in the context of childcare. She also asked a range of questions on sexual and reproductive health for women and girls.
On the problem of abandoned children, another Expert said there were a lot of these in Morocco, and asked whether it was an old or a new phenomenon, and asked for reasons for which it took place, as well as what happened to these children subsequently. What educational services were offered to street-children, he asked, and what was the sanitation situation in institutions in which they were placed, as well as what health services were provided. He also asked for statistics on fatalities in prisons, and noted that it appeared that sanitary and other conditions were not satisfactory for prisoners and involuntary psychiatric patients. Were there separate faculties in the universities where Amazigh history and culture could be studied in the Amazigh languages, and how many students were there, he asked.
Response by Delegation
On the status and advancement of women in Morocco, the delegation said at the legal level there was no discrimination against women. Today in Morocco, it was very difficult, on the basis of the new Family Code, to have recourse to polygamy. Statistics showed that at the social level and the educational and cultural levels, the picture had changed considerably in Morocco. The Family Code reaffirmed and confirmed a situation that had already changed in Morocco, where polygamy was almost impossible. There was a certain social deficit, and Morocco had economic problems, and previous legislation did have some elements of discrimination, however, due to the efforts made subsequently by Morocco, and not only by the Government but by NGOs as well that were active in the field of women’s rights, there was now a national strategy by Morocco to combat the differences between the genders and ensure parity at all levels. The efforts made, naturally enough, had had an impact. A plan would be applied to eliminate illiteracy by 2015. There was also a national plan aiming to develop human resources by that date. Violence was criminalized, thanks to the law, and sensitisation campaigns were also carried out. There was a partnership between the Government and listening centres that were available to women who had suffered from violence.
Two programmes had been implemented to fight begging, and it was prohibited to exploit urchins for this purpose, and this was penalised. One programme helped with the reintegration of urchins into the school system. Regarding crèches to assist women at work, there were crèches and kindergartens established by the public sector, and they were directed by the Office of National Cooperation. The Ministry of National Education was also setting up crèches. Any single woman who gave birth outside marriage could go to court and ask for a DNA test, and the father was forced to provide benefits to the mother and the child. There was a deficit in the awareness campaign with regards to social protection for these children, however.
On marriage, the legal age was 18 for both men and women, and the only exception was that there needed to be a legal agreement if the partners were below 18. Progress had been achieved in this field due to the Family Code, and all disputes were in the public realm, and the courts could intervene in any case. On the application of the articles of the Covenant and its inclusion in Moroccan legislation, this latter was not the case. The rights included in the Covenant had a constitutional status, and this applied to employment and education, and any citizen could claim these rights on the basis of the Covenant. On the interdiction of the right to strike, the legal code of Morocco was going to be revised, and all articles of the Penal Code revised in this connection. There was a law concerning sexual harassment, and this was punished by one or two years, and there were other sanctions, including in the Employment Code. Violence, whether domestic or elsewhere, was always subject to the Penal Code, and all those perpetrating a form of violence were punished. The former Penal Code did not allow the partners to have recourse to legal procedures, but this had been changed, and conjugal rape was subject to the new Penal Code.
Regarding divorce, a wife could file for divorce, the delegation said. In 2004, there were 904 cases of polygamy, which was 0.38 per cent cases of marriage. In 2005, there were 804 cases of polygamy, 0.34 per cent of marriages contracted in Morocco, the delegation said. There had been an attempt to include Amazigh in the educational programme, and there were courses dealing with the explanation of that culture. There were pedagogical methods for the teaching in and of Amazigh, with the objective of integrating Amazigh culture in all sectors. Amazigh was being taught at the primary and secondary levels, but there were intentions to have it included at all levels. Programmes aimed to explain Amazigh through schoolbooks and textbooks. There was no university faculty teaching Amazigh, as for the moment there were no Amazigh students. On illiteracy, this was 47 per cent for women, and was a matter of will on the part of families. The Government was taking measures to eliminate illiteracy. The State wanted to eliminate shanty towns shortly. Low-cost housing was important for the poor, and the Government had built 200,000 units of low-cost housing since 2001. There was a programme to rehabilitate unsanitary housing and dwellings which did not have the necessary infrastructure.
Redrafts recently of the Employment Code had allowed for certain progress with regards to unemployment benefits, the delegation said. The right to strike was a constitutional right. In 2003, there had been a social dialogue and an in-depth discussion on the topic of the right to strike and proposed legislative changes on and around the subject. Sometimes employers in administration combated the adoption of ILO Conventions, as they ran counter to their own interests. There were a large number of programmes aimed at furthering training, both in the public and the private sector. Retirees and their assigns as well as children with a physical and mental handicap benefited from basic medical coverage. Sexual and reproductive health was included in basic medical coverage, including family planning, prenatal care, childbirth, nutritional programmes, and others. Health training services offered free care and free screening of any women at risk of sexually-transmitted diseases, and screening was anonymous for HIV/AIDS, with free care. Abortion was practised when the life of the woman was in danger and when there was a medical indication. The number of health institutions in rural areas had increased. Schooling in rural areas had also increased.
A number of measures had been taken and projects developed in order to invest in rural areas and to continue in the implementation of plans on the cultivation of olive and citrus fruits and the enhancement of animal husbandry, the delegation said. Another plan concerned providing electricity to villages, and building roads thereto.
The labour laws had a whole section for the protection of mothers. Maternity leave was in conformity with ILO conventions in this regard. The Government had concluded an agreement with the ILO for everybody to enjoy syndicate rights, which enhanced the internal dialogue, allowing for a collective agreement to eventually be reached that could govern labour relations. Morocco’s pension system was made up of three basic systems, including social security for the private system, and the collective system for those who had worked for public bodies. Labour inspectors in Morocco who oversaw the provisions of the Labour Code currently were having their working conditions improved. Morocco had ratified the two ILO conventions on labour inspectors in order to provide the necessary protection and ensure their independence.
Morocco had always pleaded that those in the camps in the Tinduf in Algeria be repatriated, and was ready to receive them as soon as this was possible. Morocco had launched two major programmes in this respect, concerning housing, and a large number of housing units had already been built.
In follow-up questions, an Expert asked whether Morocco was prepared to ratify the ILO convention on maternity. Was the privatisation of public service, such as the health service, keeping any people out, she asked. Another Expert mentioned the relatively high maternal and child mortality rates, which were higher in rural areas than in urban areas. What was the State doing to make sure that medical care was not unequally distributed, he asked. Had Morocco made an assessment of the free-trade agreement entered into with the United States as to what effect it would have on economic, social and cultural rights. Another Expert repeated her question as to whether there was a specific law against domestic violence, and asked for more information on sexual harassment in the work place.
Responding, the delegation said the labour code included all the provisions contained in ILO Convention 87. On disparities between the urban and rural sectors, given the resources available and the problems that had to be faced, Morocco had achieved spectacular advances in the field of health. On the reduction of child and maternal mortality, there were some weaknesses, and disparities remained, but Morocco was doing all it could to eliminate the differences between the urban and rural areas. A strategy had been put in place to reduce the rate of mortality, and it was a national priority. On generic drugs, this was one of the strong points of obligatory health insurance. The Penal Code and a number of other articles forbade and penalised sexual harassment. It was punishable by imprisonment and by a fine, which were aggravated by the abuse of power in the case of sexual harassment.
Questions by Experts
Taking up articles 13 to 15 of the Covenant, an Expert said that Moroccan laws made no distinction between students, and asked if this meant there was no distinction between nationals and non-nationals. He also asked if the Government had familiarised itself with the Committee’s general comments on articles 13 and 14 of the Covenant. Were human rights courses taught in schools, and if so, from what age, he asked, also inquiring as to whether there was a campaign to combat school drop-outs. How religion was taught to non-Muslims was also a point of interest, and he asked whether there was a trend to introduce high education on a free basis, with equal treatment to nationals and foreigners alike. Another Expert said that a UNDP report said that unwritten local traditions were marginalized and ran the risk of disappearing, and she asked if Morocco was taking any measures to overcome that.
On the right to education, an Expert said the Moroccan strategy had been defined in a National Charter which set a number of objectives to achieve this right. There was a need for clarification on the length of compulsory education, also for the nature of the institutions receiving children of pre-school age. What happened to those children who did not attend school during the period of compulsory education, he asked. What languages were used for training in sciences in schools, as at university it was in French, he asked. Another Expert asked if Morocco was denying the existence of the Amazigh culture, and why were the Amazigh not given a possibility to display their culture. Another Expert asked whether radio and TV programmes were only in Arabic, if there were also such programmes in Amazigh languages, and if so, to what extent they were available. He also asked whether it was possible to set up radio stations in foreign languages, and whether it was true that journalists who provided information on economic, social and cultural rights were harassed by the authorities, and if so, were the perpetrators punished.
Another Expert said there was a major decline of the number of students by more than 50 per cent who finished primary school and who continued into secondary school, and asked for reasons for this. Only 10 per cent of young people went to university, and this was so low compared to similar countries; there was clearly a problem. Another problem was that many stayed at university for a long period, up to nine or ten years, and there were many graduates who were unemployed after leaving university, and he asked why this was the case. Another Expert asked whether there was a major obstacle to having two official languages, as a large part of the population spoke Amazigh. There appeared to be a trend in the civil services towards giving Arabic names, and not Amazigh ones, and this was an encroachment on the rights of the Amazigh. Another Expert said the notion of cultural identity today was very important, and asked what was being done to preserve the identity of all minorities.
Response by Delegation
Responding, Mr. Bouzoubaa said once again he had the impression he was hearing comments about another country and not his own. The impression Experts were portraying was that Morocco was divided, but this was not the case, it was a unified country, and those who wished to speak Amazigh or other languages were welcome to do so. Morocco was a crossroads of several civilisations, it had been colonised by different countries, and the origins of its people were unknown. There was an institute in Morocco that was about to deal with the regulations of Amazigh, as it was a complicated language that had not been unified, and therefore could not be taught in school, as even the spelling was undetermined. There was no discrimination between Moroccans and the idea that such discrimination existed was rejected. The French colonisation had tried to divide the country, but this had been rejected, as it was a racist approach. However, he respected the views of the Experts.
The free-trade agreement between Morocco and the United States had been reached with the participation of all stakeholders on the Moroccan side, and the first limitation to this agreement, given the importance of agriculture in Morocco, was various agricultural products, the delegation said.
The police and judges training schools were kept abreast of human rights international legislation and internal human rights law. The Moroccan Government provided free access to universities, as well as scholarships and grants for non-Moroccans wishing to study in the country, especially those from African countries, and all these students were guaranteed housing at very low cost by the Government. Amazigh was reflected in television programming, and there were also Amazigh radio stations. There were no students spending more than four years at university unless they decided to change their major after a number of years. The problem in Morocco was that the training did not always fit the demand of the employment market, and this was also the case in many other countries. With regards to self-determination, all Moroccans had the right to participate in the political life of the country and to express themselves thereby.
There were national laws for the protection of author’s rights, and these covered folklore and oral traditions, and a number of festivals had been created in this regard and had been held, celebrating human heritage, and efforts had been made to preserve and protect oral tradition, the delegation said. Over 80 associations were active in the Amazigh space, organising cultural festivals and cooperating in the production of works. The language used in primary, preparatory and secondary schools was Arabic, except for some private schools which used French. There had never been a serious option for privatising the health sector, although doctors could work in the private sector. Efforts were being made to limit the drop-out phenomenon from school, and great efforts were being made to reduce illiteracy, with the participation of civil society.
In follow-up remarks, an Expert asked for an answer to his earlier question on informal education, and another asked for an answer to his question on the reason for the big drop-out from education at 9 or 10 years. He also suggested that Morocco recognise other languages as official languages, saying this would not threaten the unity of the country.
Responding, the delegation said education was compulsory, and there were programmes which combated child labour, whether for social or economic reasons. These children were then reintegrated in the normal formal education system. Certain Moroccan children in the past did not have the ability to have civil status certificates, but work was now being done to remedy this, in collaboration with civil society. The Government was very much aware of the phenomenon of dropping-out and it was working to combat it; however it this usually concerned nomads and people in remote areas.
Another Expert said that his questions had not been answered, including on health care and the declarations made to trade unions. The delegation responded, saying that there was an agreement between the trade unions and employers that there should be health units in all institutions where the number of workers exceeded 50 employees, and that these should include a doctor who gave 100 per cent of his time to the company. This was currently being rejected by the trade unions. Trade union offices were legal the moment they had been declared at the legal offices, but some offices had not yet been able to declare themselves, maybe due to their location.
In concluding remarks, Mr. Bouzoubaa said he was grateful for the efforts and concern of the Committee in studying the Moroccan report, which contained all the achievements and some of the shortfalls of Morocco, most of which latter were due to the shortfall in finances and resources in the country. Morocco wished to reaffirm the constants that it was keen to observe: it was a Constitutional, democratic and social monarchy, a unified country and people, rich with diversified culture, history and civilisation. Morocco considered its solidarity was its basis for its stability, solidity, and civilisation. Morocco had made strides to stand beside the modern democratic countries, and accepted the universal values of human rights. Morocco had removed its reservations on many of the international conventions, expressing its commitment to the harmonisation of these mores and values. Morocco wished to live peacefully and in cooperation with all other freedom- and peace-loving countries. It tried to face the challenges of globalization, poverty and illiteracy, trying to bring happiness to its citizens, wherever they were. Morocco believed in dialogue and tolerance, and listened to the wisdom and sagacity of its friends and well-meaning partners. Morocco was willing to collaborate positively with the Committee, and would continue the process of its development, promoting and protecting human rights as was the joint objective.
* *** *
For use of the information media; not an official record
The Committee on Economic, Social and Cultural Rights has reviewed the third periodic report of Morocco on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Mohamed Bouzoubaa, the Minister of Justice of Morocco, who said Morocco was committed to the respect of all international covenants and treaties ratified in the field of human rights, and was also committed to cooperation with the treaty bodies in a constructive and clear dialogue. Political and social projects, led by His Majesty the King, were in line with the idea that the individual should be the purpose and object of efforts to promulgating human rights, with the individual as a part of society, in order to identify choices available to Moroccans and in line with the principle of the universality and indivisibility of human rights. The defence of human rights was a national choice, which was not questioned, but was a responsibility incumbent on all members of society, the Government, the public sector, and all those working within society in order to ensure that economic, social and cultural rights received their proper place in line with Morocco’s capacities in human and material terms.
During the discussion, which was held over three meetings, Committee Experts raised questions pertaining to, among other things, the situation in the Western Sahara; discrimination against the Amazigh; the situation of migrants; the situation of women in particular with regards to polygamy; discrimination suffered by women in the context of employment and maternity; the need for disaggregated data; access to education by women; legal provisions on sexual harassment; the housing system and related issues on homelessness; why there was such a gap between the number of children in primary and secondary education; and what was being done to preserve the identity of minorities.
The Committee will issue its concluding observations and recommendations on the report of Morocco at the end of its three-week session on 19 May.
Other members of the Moroccan delegation included representatives of the Permanent Mission of Morocco to the United Nations Office at Geneva, the Secretariat of State in charge of Family and Solidarity; the Ministry of the Interior; the Ministry of Agriculture, Rural Development and Sea-Fishing; the Ministry of Health; the Secretariat of State in charge of Alphabetisation and non-Formal Education; the Ministry of National Education, Superior Education, Training and Scientific Research; the Ministry of Finances and Privatisation; and the Ministry of Employment and Professional Training.
The Committee will reconvene at 10 a.m. on Friday, 12 May, to discuss a draft general comment on article 2.2 of the Covenant concerning non-discrimination.
Report of Morocco
The third periodic report of Morocco (E/1994/104/Add.29) addresses the Committee’s previous recommendations and subjects of concern and reviews Morocco’s implementation of the International Covenant on Economic, Social and Cultural Rights during the period since the submission of the second periodic report. It also highlights the latest progress made in the area of human rights and in consolidating the rule of law. The promotion of children’s rights is a legislative and institutional priority.
Committed to implementing the recommendations adopted in Copenhagen at the World Summit for Social Development, the Moroccan Government has identified an integrated community-based social development strategy. This strategy is aimed at revitalizing and promoting efforts by local communities and encouraging initiatives involving all social actors with a view to ensuring access to isolated regions, creating jobs and reducing poverty. The Government is also working to implement a system for identifying the most needy groups in the population so that the State can provide them with free social services, particularly in the areas of health care, housing, food and social welfare. The programme of social priorities focuses on three main areas: basic education, health care and social welfare. The public authorities are pursuing a social solidarity policy that seeks to expand the access of disadvantaged groups to basic social services and poverty-reduction measures.
The equal recognition and enjoyment by men and women of the rights contemplated in the Covenant is a principle established in the Constitution. The status of women in Morocco has improved significantly. There is a genuine political commitment to improving women’s status in all areas. The Moroccan Government recalls that it has not adopted any measure aimed at limiting the rights recognized in the Covenant. Moreover, any violation of fundamental human rights is punishable under the legislative provisions in force. The right to work is guaranteed by article 13 of the Moroccan Constitution, and a new Labour Code was adopted in 2003, with many mechanisms put in place to promote employment.
Introduction of Report
MOHAMED BOUZOUBAA, Minister of Justice of Morocco, said Morocco’s election to the new Human Rights Council was recognition of it as a country which had always respected human rights and the rule of law, both nationally and internationally. Morocco would now be one of the founder members of the Council. Morocco was committed to the respect of all international covenants and treaties ratified in the field of human rights, and was also committed to cooperation with the treaty bodies in a constructive and clear dialogue. Political and social projects led by His Majesty the King were in line with the idea that the individual should be the purpose and object of efforts to promulgating human rights, with the individual as a part of society, in order to identify choices available to Moroccans and in line with the principle of the universality and indivisibility of human rights. The principle of focusing on the economic and social construction of the country, bringing together the various sectors and strengthening international cooperation, provided the framework in which all initiatives taken by Morocco towards its citizens should be envisaged in the framework of international cooperation.
The defence of human rights was a national choice, which was not questioned, but was a responsibility incumbent on all members of society, the Government, the public sector, and all those working within society in order to ensure that economic, social and cultural rights received their proper place in line with Morocco’s capacities in human and material terms so that it could ensure that economic, social and cultural rights and civil and political rights were properly observed in a joint approach. Morocco had some 30 million inhabitants, many of whom were young. On reform, moderation and modernisation, work was being done despite limited resources and rising prices in terms of fuel and energy. Nevertheless, Morocco was doing everything possible to comply with its national and international obligations, in the spirit of national solidarity. School enrolment, access to safe drinking water, and employment were all positive.
Initiatives were continuing within the framework of the Great Maghreb, with a view to strengthening human rights and within the framework of human rights treaties and conventions, which were respected, whether on civil and political rights or economic, social and cultural rights. Initiatives with great challenges for building a modern Morocco with democracy and human rights and opening the door to reforms and projects in the field of infrastructure which could strengthen growth were a priority for the Government, which was bringing these together, collaborating with all partners, including civil society, and regional and national organizations, taking into account the urgency and needs of those for whom these initiatives were tailored. These programmes were aimed, among other things, at alleviating poverty, encouraging human development, bringing around greater social cohesion, and attaining sustainable economic development, and were focused on the Millennium Development Goals.
Questions Raised by Committee Experts
With regards to articles one to five of the Covenant, an Expert asked a question on the judiciary, saying that the judiciary was very important for the implementation of all human rights, and the material available tended to suggest that it was not fully independent in Morocco, that it was subject to external pressure, and also included some corrupt judges, and the delegation should comment on this. The replies to the list of issues was not very satisfactory, he said, noting that the Committee had asked questions on Western Sahara, which had been under the control of Morocco since 1964, and had not received a response. Had the courts dealt with any cases in which children of Moroccan mothers and foreign fathers could not obtain Moroccan nationality, he asked, also asking how the provisions of local law courts were reconciled with those of the Covenant.
Another Expert asked whether the State party could give any new data on the situation of the Western Sahrawis. There were also many concerns regarding women, as there were a lot of traditional practices which placed them in the place of second-class citizens, including divorce, succession, access to property and land-owning and other issues which indicated that women had difficulty in exercising their rights. What was the State party doing to improve the plight of women, he asked. Another Expert noted a significant evolution in Morocco in terms of change, development in human rights, and development in general, the major thrusts of which were reforms reflecting the will of the Moroccan authorities to achieve respect for human rights. With regards to the Equity and Reconciliation body, this was a concept existing in many countries, such as South Africa, and he asked whether the creation of such a body meant that Morocco acknowledged that there had been violations of human rights, and if so, at what period. Did Morocco think that at the end of the mandate of that body, the country would enter a fresh era of respect of human rights, he asked, also inquiring whether the population had been consulted about the creation of that body. He also pointed out the lack of replies to the list of issues, in particular those on the Amazigh people. He asked what was the situation of those immigrants who had been subject to refoulement, and how their rights were protected.
An Expert said there had been a favourable evolution with regards to Morocco’s commitment to living up to its human rights standards, and there was a favourable attitude to human rights in that country. The reply on the Western Sahara given by the State was not entirely satisfactory, nor were those on the situation of migrants, and the Committee required information on the treatment extended to the latter, and what programmes existed in their regard. Another Expert asked what was the actual legal status of the Covenant, noting that Morocco had various and repeated initiatives for reform, and asking if they were based on or benefited from the Covenant. Did the new Council on Human Rights take economic, social and cultural rights into account, and deal with them, and if so, could examples be given, he asked. On discrimination, could concrete examples be given on the implementation criminalizing this, what sentences had been given, and when, he asked.
The equal enjoyment of all economic, social and cultural rights for men and women was taken up by another Expert, who addressed the provision of free basic services, noting that those with low-incomes, in particular women and the Amazigh women, had difficulty benefiting from them. Considerable legislative advances had been made, but still women did not enjoy equality, in particular with regards to marriage, inheritance of property, and divorce, and there was considerable discrimination in these areas, as well as others. The persistence of traditional stereotypical attitudes were a problem, although there appeared to be also a legislative gap in terms of equality, and she wondered if the delegation agreed with this, asking what could be done to increase the notion in Moroccan society that things remained to be done in this regard. Another Expert also took up non-discrimination, noting that in the list of issues, it said that anyone who felt they had suffered discrimination could seek redress from certain bodies, and asked whether the accessibility of this system was sufficient. She also pointed out that education for the Amazigh was in Arabic, and this was a form of discrimination. Had there been any developments since changes were made in the Family Courts, in particular with regards to polygamy, she asked.
An Expert asked for information on possibilities for dismissing judges who had been involved in incidents of corruption, also asking how many women had been appointed as judges, and how many Amazigh people had been appointed to the police force and as officers of the military forces. With regards to disabled people, could information be given on any Parliamentary Acts or King’s Decrees assisting them with their problems with discrimination. What efforts had been made to limit trafficking in human beings, in particular children, he asked, in particular with regards to children that had been contracted to work for urban families. Was there likely to be any improvement on the status of single mothers in Moroccan family law, he asked. Another Expert asked if the provisions of article 1 of the Covenant were reflected in the Constitution of Morocco, and what was the interpretation of that article by the Government and the King of the State party. Another Expert asked if there was a Human Rights Ministry, and would the Ministry of Justice be incorporated within it, or did that latter Ministry have the competency regarding human rights.
Response by Delegation
MOHAMED BOUZOUBAA, Minister of Justice of Morocco, responding, said the Experts’ questions were queries that could not be totally convincing unless all the details and replies were given. Some questions were asked as though they were about another country, in particular in the references to the Amazigh. There was no discrimination whatsoever between an Arab and an Amazigh, as all were Moroccans and Muslims, and all enjoyed their rights equally. The French occupation of Morocco had tried to create this discrimination, but had failed. There was no discrimination at all, whatever form this may take, and it was a problem related only to accents or languages. The Amazigh Institution had been established to say that the Amazigh culture was part and parcel of Moroccan culture. There was unity of all Moroccans under the King, who was the leader of the country, including spiritually, and was the guardian of the unity of the country, guarding its sovereignty. There was unity among Moroccans on this concept and with regards to this relationship.
Moroccan laws were aligned with international instruments in order to build a country that worked in line with truth and justice. The judiciary was independent, Mr. Bouzoubaa said, and this was stipulated in the Constitution and in current laws. However, there was a problem which also faced other countries, with regards to corruption. The Supreme Council of Judges had reviewed more than 60 cases with regards to judges who had been accused of violating the honour of the profession, subsequent to which a number of judges had been dismissed, and others warned. Others had been imprisoned.
On the Western Sahara, Mr. Bouzoubaa said, what was happening was not political. The area was completely integrated into Morocco, and the inhabitants were represented in the Parliament, and had rural councils, with their own civil, legal and humanitarian societies. All the people who were residing in the area were dealt with as were those of the other regions. Morocco also tried to take into consideration the shortages which were specific to the region. The political situation of the area was before the United Nations, and Morocco respected that, but there were no inequalities in treatment, and that was clarified in the report and the answers given to the list of issues. The Experts should come to visit the area and would get first-hand experience of the situation. It was normal that there were some people who wished for secession, and these took advantage of any weak point or dissatisfaction in this regard, and Morocco dealt with these appropriately. However, with regards to economic, social and cultural rights, the area had the same rights as any other region.
With regards to the rights of women, Islam said that women were to be respected, dignified, and protected, Mr. Bouzoubaa said, and Morocco was fully convinced of this. Some foreign practices had entered Moroccan society and had undermined this status. The Family Courts had come to give both men and women equal rights to ask for divorce. In the past, women had to have a guardian as a sponsor who would endorse their marriage. According to the Family Courts, a woman who had reached the right age could take the decision of whether to marry herself. In the family, there was equal responsibility on each parent to bring up the children, and women could sign agreements with their husbands on the financial situation of the family, including inheritance. This had caused an increase in marriages, and a decrease in divorces, which was a clear testimony that the Family Courts had a very positive effect on the population.
In Islam, there was a possibility for a man to marry more than one woman, Mr. Bouzoubaa said. However, it was now very difficult for a man to have more than one wife, as they were very expensive. Morocco’s official position was that it was better to have only one wife, but if the husband wished to take other wives, there were various criteria, including the consent of the first wife, her inability to bear children, her inability to be a real wife, or the husband’s capacity to look after more than one wife. This was preferable to the situation in Europe where men had mistresses or concubines, as it was better to make the second relationship legal. Women received equal treatment as regarded salaries and employment chances, he said, and were represented in the judiciary and the health services. As a country that enjoyed stability and peace, tolerance, dialogue, reasonable behaviour even between religions where all enjoyed harmony, women were not the least to enjoy these advantages.
Morocco had become a transit country for migrants, Mr. Bouzoubaa said, and was the port of arrival for African immigrants, and Morocco dealt with these from a very humanitarian point of view. It had sent back 9,000 immigrants by air at its own cost over the last year, once it had determined their identity. Immigrants were dealt with legally, and all laws came under international human rights law. All international laws were being implemented gradually, as Morocco was keen on implementing them practically. Women, equal to men, had the right to own property, and their financial property was independent from that of men, although they shared the property of the house.
On the Equity and Reconciliation Institute, this was a pioneer institution which had been created under the Human Rights Council, and it served as a link between non-governmental organizations and the Government. Victims had spoken of their sufferings, and others had learned from this. Victims had spoken not for revenge, but to ensure that what had happened to them would not happen again in Morocco. The Institute was independent, and this was guaranteed by the King, and the executive had no connections with it. It worked independently to produce recommendations. There was harmony in its work, and the Government accepted the results of its work.
With regards to disabled people, there was a difficulty in Morocco, Mr. Bouzoubaa said, and that was what caused disabled persons, and this was mainly traffic accidents, which were very numerous. This was a problem which Morocco was trying to address. The Government gave jobs to people with disabilities, and many associations also did so. Work by children was often due to family solidarity. The minimum age for work was 18, but a special law was being drafted for domestic employees. On the Covenant and national legislation, one of the challenges before Morocco was the review of all laws to ensure they were in keeping with the international treaties to which Morocco was a signatory, and now that it had been elected to the Human Rights Council, this increased its commitment to economic, social and cultural rights as well as civil and political rights. All human rights issues were dealt with under the aegis of the Ministry of Justice.
On migration, the delegation said the scope of the agreement between Morocco and Spain was that it concerned only Moroccans who were sent back from Spanish territory. All repatriations took place in concert between the Moroccan authorities and the Embassy of the migrants involved, and took place in respect of basic human rights. Morocco considered that the Sahara was an integral part of its territory. The United Nations had proposed a number of solutions, but these either could not be applied or were unviable, even from the point of view of the United Nations, and the Experts would learn a lot if they read the Secretary-General’s report which had been submitted to the Security Council last April on the topic. Morocco was the only party which had indicated its will to negotiate, and the King had suggested a negotiated autonomy solution to solve the issue.
In follow-up questions, an Expert asked whether the independence of judges had not been compromised in a particular situation and required further information on that practice. Another Expert said that it was not the best solution for a child to be contracted out to another family, despite economic needs, and it was up to the public authorities to provide chances to that family so that they did not have to do such a thing. He also repeated his early question as to how many police and military officers were Amazigh, as if they had no access to these jobs, then this was discrimination.
Responding to the follow-up questions, the delegation said on the question of whether there was discrimination against disabled people and the relevant legislation against this, Moroccan law prohibited any form of discrimination, and sanctioned any such discrimination. Protection for disabled persons was included in the basic legislation and ensured their health-care and integration. In order to protect the right to work, the Prime Minister had published a decision, allocating 7 per cent of jobs in the public administration to disabled persons, and there was a project underway to decide upon a proportion of work for the disabled in the private sector. Morocco was a country which had precise information on people with disabilities and on the disabilities themselves. There was a global definition of disability, and the exact figures were known. Disabilities were a factor which had an impact on poverty, as those with disabilities faced particular social circumstances. There were a number of programmes for disabled persons in Morocco, for those from disadvantaged families.
On the measures taken by Morocco to put an end to all signs of discrimination, the delegation said that Morocco had made note-worthy efforts in terms of legislation, and there was also a change in mind-set. There were difficulties in implementing the Family Code. The King had announced his intention to review the law on citizenship so that Moroccan women could pass on citizenship to their children if the father was a foreigner. All Moroccan women were equal under law, and there were no arbitrary laws in their regard, but there had been special measures which would be subsequently done away with, as Morocco had signed the Convention on the Elimination of Discrimination Against Women. There was partnership and cooperation with the NGOs and with organizations concerned with the defence of women’s rights, and intense activity was being carried out on this topic in Morocco. Previously, an unmarried woman could not keep her child, but now legislation made this possible. There was a national strategy for equality at the local and national levels, and one to combat violence against women, and legislation prohibited all forms of sexual harassment and domestic violence.
An ILO Convention had been signed, the delegation said, and Morocco penalised and punished all work by children under the age of 15. Morocco made considerable efforts towards the protection of children, and this also included child labour. A national project was about to be initiated on the protection and saving of children, with the support of UNDP and UNICEF, and it aimed to protect children. An awareness campaign had been launched aimed to prevent the use of intermediaries to find child domestic servants. Efforts had also been made regarding access to schools.
The right to education was a constitutional right, and was inalienable, and could not be changed. No-one could deprive a pupil from acceding to education. Women were protected during pregnancy, and could resume their jobs after giving birth. Moroccan women could ask for divorce in eight cases, including differences between husband and wife, abandonment, and when the husband failed to provide for the family financially. There were three important laws on the environment, and Morocco was working to protect it, the delegation said.
Questions by Experts
Taking up articles six to twelve, an Expert said the Labour Code that had been adopted at the end of 2003 contained some positive elements, and asked if the State party was in a position to ratify the ILO Convention on maternity protection. She also noted that it would have a negative impact on work security, saying this was not a good effect from the perspective of protection of Covenant rights, asking for a comment on this issue. The Expert asked for data to be disaggregated so that the Committee could gain a better perspective on employment, wondering if there were still big differences in urban and rural areas, and if action was being taken in this regard. The problem of domestic workers remained, and she asked if changes had been made to the Labour Code in order to protect them. Where did the State party stand on ratification of ILO Convention 87 on the freedom of association, did it plan to ratify it, and if so, why not, she asked. Why had there been no repeal of the limitation of the right to strike and the right to collective bargaining. There were also issues with the pension system, and she asked if there were plans to reform it.
Another Expert said, on the question of the Amazigh, that Morocco had a duty to give pride of identity to all Moroccans, and that there was an administrative order under which there was a register of approved first names, and this went against Morocco’s laws of equality and non-discrimination. On the issue of access to justice, education and employment by Amazigh, she asked if it was possible to provide disaggregated data on these topics. Regarding women, 62 per cent of women were illiterate, and 34 per cent of men, and the report stated that women did experience difficulties in exercising their legally-protected rights, and she asked what were these difficulties, and why they existed when the law was on the side of the women. Further, what did the Government intend to do to ameliorate these difficulties. More specific information was required on access to education both for the urban poor and in rural areas. Did the Government have a strategy to promote vocational training for women, she asked. Did Morocco have a law against sexual harassment, or was it only a national strategy, and was it planning such a law, she asked. On polygamy, she pointed out that if men could take a second wife as the first was ill or infertile, then it was only just for women to be able to take a second husband, otherwise it was discrimination.
An Expert asked if the Covenant was referred to before the courts. He asked whether Morocco would follow the example set by Tunisia in prohibiting polygamy. He also raised the issue of marital rape, asking if Morocco would also punish this. Another Expert raised the issue of sexual harassment, and asked why legislation did not protect domestic workers in this regard in particular. There was no repression of sexual harassment, and it was not an offence in the legal code, he said, asking why this was the case. The Labour Code also did not offer sufficient protection to agricultural workers, and he asked why. On poverty, the poverty-reduction strategy should be targeted towards trying to reduce the rate in rural areas and to eradicate or eliminate the disparities in the standard of living between rural and urban areas, he said, asking if the poverty-reduction strategy incorporated economic, social and cultural rights. He also asked a range of questions linked to homelessness and housing strategies.
Did the Government have a sustained and structured programme on reducing street beggars, removing them from the streets and sending them to the appropriate educational and other institutions, an Expert asked. With regards to children, another Expert said that not all births were registered, and that some efforts remained to be done. There was also some doubt on the age of marriage, and he asked if this was harmonised for men and women. He also asked a question on the right to form trade unions, and whether there was not unnecessary administrative delay in the registration of these.
Another Expert said she had been pleased to hear the progress on gender-equity, and the promulgation of the Family Code and other positive steps. This had to be reflected in the daily lives of women, and she asked what the difficulties were in Moroccan society in implementing the Family Code. There were cultural problems, but many of these could be avoided, and she hoped that the various hindrances to full gender equality would be eliminated, and that polygamy would be done away with. What rights did the family booklet give to women, she asked. Were children born out of wedlock entitled to inherit and receive maintenance from the father, she asked. What sort of measures such as affirmative action had been taken to ensure equal opportunities in the field of education and employment, she asked, and what was done to ensure that women had access to employment in the context of childcare. She also asked a range of questions on sexual and reproductive health for women and girls.
On the problem of abandoned children, another Expert said there were a lot of these in Morocco, and asked whether it was an old or a new phenomenon, and asked for reasons for which it took place, as well as what happened to these children subsequently. What educational services were offered to street-children, he asked, and what was the sanitation situation in institutions in which they were placed, as well as what health services were provided. He also asked for statistics on fatalities in prisons, and noted that it appeared that sanitary and other conditions were not satisfactory for prisoners and involuntary psychiatric patients. Were there separate faculties in the universities where Amazigh history and culture could be studied in the Amazigh languages, and how many students were there, he asked.
Response by Delegation
On the status and advancement of women in Morocco, the delegation said at the legal level there was no discrimination against women. Today in Morocco, it was very difficult, on the basis of the new Family Code, to have recourse to polygamy. Statistics showed that at the social level and the educational and cultural levels, the picture had changed considerably in Morocco. The Family Code reaffirmed and confirmed a situation that had already changed in Morocco, where polygamy was almost impossible. There was a certain social deficit, and Morocco had economic problems, and previous legislation did have some elements of discrimination, however, due to the efforts made subsequently by Morocco, and not only by the Government but by NGOs as well that were active in the field of women’s rights, there was now a national strategy by Morocco to combat the differences between the genders and ensure parity at all levels. The efforts made, naturally enough, had had an impact. A plan would be applied to eliminate illiteracy by 2015. There was also a national plan aiming to develop human resources by that date. Violence was criminalized, thanks to the law, and sensitisation campaigns were also carried out. There was a partnership between the Government and listening centres that were available to women who had suffered from violence.
Two programmes had been implemented to fight begging, and it was prohibited to exploit urchins for this purpose, and this was penalised. One programme helped with the reintegration of urchins into the school system. Regarding crèches to assist women at work, there were crèches and kindergartens established by the public sector, and they were directed by the Office of National Cooperation. The Ministry of National Education was also setting up crèches. Any single woman who gave birth outside marriage could go to court and ask for a DNA test, and the father was forced to provide benefits to the mother and the child. There was a deficit in the awareness campaign with regards to social protection for these children, however.
On marriage, the legal age was 18 for both men and women, and the only exception was that there needed to be a legal agreement if the partners were below 18. Progress had been achieved in this field due to the Family Code, and all disputes were in the public realm, and the courts could intervene in any case. On the application of the articles of the Covenant and its inclusion in Moroccan legislation, this latter was not the case. The rights included in the Covenant had a constitutional status, and this applied to employment and education, and any citizen could claim these rights on the basis of the Covenant. On the interdiction of the right to strike, the legal code of Morocco was going to be revised, and all articles of the Penal Code revised in this connection. There was a law concerning sexual harassment, and this was punished by one or two years, and there were other sanctions, including in the Employment Code. Violence, whether domestic or elsewhere, was always subject to the Penal Code, and all those perpetrating a form of violence were punished. The former Penal Code did not allow the partners to have recourse to legal procedures, but this had been changed, and conjugal rape was subject to the new Penal Code.
Regarding divorce, a wife could file for divorce, the delegation said. In 2004, there were 904 cases of polygamy, which was 0.38 per cent cases of marriage. In 2005, there were 804 cases of polygamy, 0.34 per cent of marriages contracted in Morocco, the delegation said. There had been an attempt to include Amazigh in the educational programme, and there were courses dealing with the explanation of that culture. There were pedagogical methods for the teaching in and of Amazigh, with the objective of integrating Amazigh culture in all sectors. Amazigh was being taught at the primary and secondary levels, but there were intentions to have it included at all levels. Programmes aimed to explain Amazigh through schoolbooks and textbooks. There was no university faculty teaching Amazigh, as for the moment there were no Amazigh students. On illiteracy, this was 47 per cent for women, and was a matter of will on the part of families. The Government was taking measures to eliminate illiteracy. The State wanted to eliminate shanty towns shortly. Low-cost housing was important for the poor, and the Government had built 200,000 units of low-cost housing since 2001. There was a programme to rehabilitate unsanitary housing and dwellings which did not have the necessary infrastructure.
Redrafts recently of the Employment Code had allowed for certain progress with regards to unemployment benefits, the delegation said. The right to strike was a constitutional right. In 2003, there had been a social dialogue and an in-depth discussion on the topic of the right to strike and proposed legislative changes on and around the subject. Sometimes employers in administration combated the adoption of ILO Conventions, as they ran counter to their own interests. There were a large number of programmes aimed at furthering training, both in the public and the private sector. Retirees and their assigns as well as children with a physical and mental handicap benefited from basic medical coverage. Sexual and reproductive health was included in basic medical coverage, including family planning, prenatal care, childbirth, nutritional programmes, and others. Health training services offered free care and free screening of any women at risk of sexually-transmitted diseases, and screening was anonymous for HIV/AIDS, with free care. Abortion was practised when the life of the woman was in danger and when there was a medical indication. The number of health institutions in rural areas had increased. Schooling in rural areas had also increased.
A number of measures had been taken and projects developed in order to invest in rural areas and to continue in the implementation of plans on the cultivation of olive and citrus fruits and the enhancement of animal husbandry, the delegation said. Another plan concerned providing electricity to villages, and building roads thereto.
The labour laws had a whole section for the protection of mothers. Maternity leave was in conformity with ILO conventions in this regard. The Government had concluded an agreement with the ILO for everybody to enjoy syndicate rights, which enhanced the internal dialogue, allowing for a collective agreement to eventually be reached that could govern labour relations. Morocco’s pension system was made up of three basic systems, including social security for the private system, and the collective system for those who had worked for public bodies. Labour inspectors in Morocco who oversaw the provisions of the Labour Code currently were having their working conditions improved. Morocco had ratified the two ILO conventions on labour inspectors in order to provide the necessary protection and ensure their independence.
Morocco had always pleaded that those in the camps in the Tinduf in Algeria be repatriated, and was ready to receive them as soon as this was possible. Morocco had launched two major programmes in this respect, concerning housing, and a large number of housing units had already been built.
In follow-up questions, an Expert asked whether Morocco was prepared to ratify the ILO convention on maternity. Was the privatisation of public service, such as the health service, keeping any people out, she asked. Another Expert mentioned the relatively high maternal and child mortality rates, which were higher in rural areas than in urban areas. What was the State doing to make sure that medical care was not unequally distributed, he asked. Had Morocco made an assessment of the free-trade agreement entered into with the United States as to what effect it would have on economic, social and cultural rights. Another Expert repeated her question as to whether there was a specific law against domestic violence, and asked for more information on sexual harassment in the work place.
Responding, the delegation said the labour code included all the provisions contained in ILO Convention 87. On disparities between the urban and rural sectors, given the resources available and the problems that had to be faced, Morocco had achieved spectacular advances in the field of health. On the reduction of child and maternal mortality, there were some weaknesses, and disparities remained, but Morocco was doing all it could to eliminate the differences between the urban and rural areas. A strategy had been put in place to reduce the rate of mortality, and it was a national priority. On generic drugs, this was one of the strong points of obligatory health insurance. The Penal Code and a number of other articles forbade and penalised sexual harassment. It was punishable by imprisonment and by a fine, which were aggravated by the abuse of power in the case of sexual harassment.
Questions by Experts
Taking up articles 13 to 15 of the Covenant, an Expert said that Moroccan laws made no distinction between students, and asked if this meant there was no distinction between nationals and non-nationals. He also asked if the Government had familiarised itself with the Committee’s general comments on articles 13 and 14 of the Covenant. Were human rights courses taught in schools, and if so, from what age, he asked, also inquiring as to whether there was a campaign to combat school drop-outs. How religion was taught to non-Muslims was also a point of interest, and he asked whether there was a trend to introduce high education on a free basis, with equal treatment to nationals and foreigners alike. Another Expert said that a UNDP report said that unwritten local traditions were marginalized and ran the risk of disappearing, and she asked if Morocco was taking any measures to overcome that.
On the right to education, an Expert said the Moroccan strategy had been defined in a National Charter which set a number of objectives to achieve this right. There was a need for clarification on the length of compulsory education, also for the nature of the institutions receiving children of pre-school age. What happened to those children who did not attend school during the period of compulsory education, he asked. What languages were used for training in sciences in schools, as at university it was in French, he asked. Another Expert asked if Morocco was denying the existence of the Amazigh culture, and why were the Amazigh not given a possibility to display their culture. Another Expert asked whether radio and TV programmes were only in Arabic, if there were also such programmes in Amazigh languages, and if so, to what extent they were available. He also asked whether it was possible to set up radio stations in foreign languages, and whether it was true that journalists who provided information on economic, social and cultural rights were harassed by the authorities, and if so, were the perpetrators punished.
Another Expert said there was a major decline of the number of students by more than 50 per cent who finished primary school and who continued into secondary school, and asked for reasons for this. Only 10 per cent of young people went to university, and this was so low compared to similar countries; there was clearly a problem. Another problem was that many stayed at university for a long period, up to nine or ten years, and there were many graduates who were unemployed after leaving university, and he asked why this was the case. Another Expert asked whether there was a major obstacle to having two official languages, as a large part of the population spoke Amazigh. There appeared to be a trend in the civil services towards giving Arabic names, and not Amazigh ones, and this was an encroachment on the rights of the Amazigh. Another Expert said the notion of cultural identity today was very important, and asked what was being done to preserve the identity of all minorities.
Response by Delegation
Responding, Mr. Bouzoubaa said once again he had the impression he was hearing comments about another country and not his own. The impression Experts were portraying was that Morocco was divided, but this was not the case, it was a unified country, and those who wished to speak Amazigh or other languages were welcome to do so. Morocco was a crossroads of several civilisations, it had been colonised by different countries, and the origins of its people were unknown. There was an institute in Morocco that was about to deal with the regulations of Amazigh, as it was a complicated language that had not been unified, and therefore could not be taught in school, as even the spelling was undetermined. There was no discrimination between Moroccans and the idea that such discrimination existed was rejected. The French colonisation had tried to divide the country, but this had been rejected, as it was a racist approach. However, he respected the views of the Experts.
The free-trade agreement between Morocco and the United States had been reached with the participation of all stakeholders on the Moroccan side, and the first limitation to this agreement, given the importance of agriculture in Morocco, was various agricultural products, the delegation said.
The police and judges training schools were kept abreast of human rights international legislation and internal human rights law. The Moroccan Government provided free access to universities, as well as scholarships and grants for non-Moroccans wishing to study in the country, especially those from African countries, and all these students were guaranteed housing at very low cost by the Government. Amazigh was reflected in television programming, and there were also Amazigh radio stations. There were no students spending more than four years at university unless they decided to change their major after a number of years. The problem in Morocco was that the training did not always fit the demand of the employment market, and this was also the case in many other countries. With regards to self-determination, all Moroccans had the right to participate in the political life of the country and to express themselves thereby.
There were national laws for the protection of author’s rights, and these covered folklore and oral traditions, and a number of festivals had been created in this regard and had been held, celebrating human heritage, and efforts had been made to preserve and protect oral tradition, the delegation said. Over 80 associations were active in the Amazigh space, organising cultural festivals and cooperating in the production of works. The language used in primary, preparatory and secondary schools was Arabic, except for some private schools which used French. There had never been a serious option for privatising the health sector, although doctors could work in the private sector. Efforts were being made to limit the drop-out phenomenon from school, and great efforts were being made to reduce illiteracy, with the participation of civil society.
In follow-up remarks, an Expert asked for an answer to his earlier question on informal education, and another asked for an answer to his question on the reason for the big drop-out from education at 9 or 10 years. He also suggested that Morocco recognise other languages as official languages, saying this would not threaten the unity of the country.
Responding, the delegation said education was compulsory, and there were programmes which combated child labour, whether for social or economic reasons. These children were then reintegrated in the normal formal education system. Certain Moroccan children in the past did not have the ability to have civil status certificates, but work was now being done to remedy this, in collaboration with civil society. The Government was very much aware of the phenomenon of dropping-out and it was working to combat it; however it this usually concerned nomads and people in remote areas.
Another Expert said that his questions had not been answered, including on health care and the declarations made to trade unions. The delegation responded, saying that there was an agreement between the trade unions and employers that there should be health units in all institutions where the number of workers exceeded 50 employees, and that these should include a doctor who gave 100 per cent of his time to the company. This was currently being rejected by the trade unions. Trade union offices were legal the moment they had been declared at the legal offices, but some offices had not yet been able to declare themselves, maybe due to their location.
In concluding remarks, Mr. Bouzoubaa said he was grateful for the efforts and concern of the Committee in studying the Moroccan report, which contained all the achievements and some of the shortfalls of Morocco, most of which latter were due to the shortfall in finances and resources in the country. Morocco wished to reaffirm the constants that it was keen to observe: it was a Constitutional, democratic and social monarchy, a unified country and people, rich with diversified culture, history and civilisation. Morocco considered its solidarity was its basis for its stability, solidity, and civilisation. Morocco had made strides to stand beside the modern democratic countries, and accepted the universal values of human rights. Morocco had removed its reservations on many of the international conventions, expressing its commitment to the harmonisation of these mores and values. Morocco wished to live peacefully and in cooperation with all other freedom- and peace-loving countries. It tried to face the challenges of globalization, poverty and illiteracy, trying to bring happiness to its citizens, wherever they were. Morocco believed in dialogue and tolerance, and listened to the wisdom and sagacity of its friends and well-meaning partners. Morocco was willing to collaborate positively with the Committee, and would continue the process of its development, promoting and protecting human rights as was the joint objective.
* *** *
For use of the information media; not an official record