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21 October 1999
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HR/CT/99/35
21 October 1999
HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF MOROCCAN REPORT ON IMPLEMENTATION OF COVENANT ON CIVIL AND POLITICAL RIGHTS
The Human Rights Committee continued this morning its consideration of the fourth periodic report from the Government of Morocco on the country's compliance with the International Covenant on Civil and Political Rights.
In response to a number of questions raised by Committee Experts, the members of the Moroccan delegation reaffirmed that Morocco was prepared to open all cases of disappearances. However, the list of disappeared persons produced by non-governmental organizations like Amnesty International was complex. Although the Government was willing to cooperate in clarifying the situation, the delegation said several names were applied to one person, and many people from Morocco might have joined the Western Saharan fighters and subsequently died in battle. Because of that, Morocco was not able to supply a complete list of alleged disappeared persons.
In Western Sahara, the delegation said, the Government of Morocco had, since 1975, been applying legal systems similar to that of the rest of the country. Additionally, efforts had been taken to improve the infrastructure of the region. A number of international organizations were active in the region, enjoying the right to liberty of movement.
Morocco, as one of 144 States parties to the International Covenant to Civil and Political Rights, must submit summaries to the Committee on the measures undertaken to implement the provisions of the treaty.
The Committee will reconvene at 3 p.m. to consider its general comment and to finalize the report of Morocco.
Discussion of Moroccan Report
In the beginning of the morning meeting, Committee Experts raised additional queries on such issues as the cases of disappeared persons and the status of women under the Islamic Sharia law. An Expert said that during three decades, about 900 persons had been reported disappeared and some of them died in secret prisons. Although the Government had established the identities of some of the disappeared persons, the cases of about 500 persons remained unclear. The Expert said that impunity was another aspect not dealt with by the Government, which failed to bring to justice those who perpetrated crimes of disappearance. Despite the reduction in cases of torture in the country, it continued to occur, said the Expert.
Another Expert said Moroccan personal law justified the dependence of women on men. Although the Sharia law constituted a very complex situation, it continued to be implemented since the 14th Century with constant elements that did not change.
In response to the number of queries raised by Committee experts during the meetings of yesterday and this morning, the delegation said that Sharia was an Islamic law which was implemented in line with public interest. It was incorporated in Moroccan law to reflect the political reality of the time and it was unavoidable during that time. When the Islamic law of Sharia was implemented in 1958, 80 per cent of the population lived in the rural areas where Islam was the predominate religion.
Nevertheless, there was a continuing debate on the rights of women under the Sharia law, the delegation said. Many women's associations were working towards the promotion and protection of women's rights.
The Moroccan delegation said that during the colonial era, women had no access to education. Four years after independence in 1960, 96 per cent of Moroccan women were illiterate. Following the campaign carried out by the Government to increase awareness among the rural population to send their children, particularly girls, to school instead of keeping them at home, the situation had improved.
Concerning polygamy, the delegation said that considerable reform had been made, and that its practice had regressed. At present, there were only fewer cases of polygamy among the older generation. With the evolution of the society and the change in peoples' attitudes, polygamy was seen as an archaic practice.
Morocco had success in bringing its judicial system in line with international instruments through several legislative efforts and technical assistance from international organizations. In addition, Morocco had opted for a court system consisting of criminal chambers and courts of appeal.
The delegation said that the independence of judges was guaranteed by law and that the executive branch could not interfere in the judicial affairs. Judges were not subjected to transfer, however, in the event a judge breached a law governing his functions, he could be subjected to disciplinary measures.
In pre-trial detention, the presumption of innocence was always the prevailing principle, and evidence should be produced to judge a suspect, the delegation said. In both civil and criminal cases, court proceedings were public. Any person suspected of a crime had the right to be informed of the charges against him, and to be assisted by a lawyer from the beginning of proceedings.
Because of the new approach applied by the State of Morocco, the delegation said, death sentences were commuted to life imprisonment. Only persons implicated in barbarous acts of crimes -- three men, thus far -- had been executed. Politically related cases did not carry death sentences, the delegation added.
Addressing police brutality, the delegation said that six police officers had been found guilty of such acts, and verdicts varying from 5 to 20 years had been handed down. Those were a few examples of the Moroccan fight against impunity, the delegation said. .
With respect to the role of the Advisory Council on Human Rights, the delegation said that its membership consisted of representatives of political parties, trade unions, non-governmental organizations and other civil societies. It had advisory functions concerning the promotion of human rights and it submitted proposals dealing with legislation. The Council also oversaw the prevalence of international conventions over domestic law.
By invoking the question on disappeared persons, the delegation said Morocco was prepared to open all cases of disappearances. However, the list of disappeared persons produced by non-governmental organizations like Amnesty International was one of a complex nature. Although the Government was open to cooperation in clarifying the situation, several names were applied to one person, and many people from Morocco might have joined the Western Saharan fighters and died on the battle field. Due to that complexity, Morocco was not able to supply a complete list of alleged disappeared persons.
Regarding the Western Sahara region, the delegation said, the Government of Morocco had, since 1975, been applying legal systems similar to that of the rest of the country. Additionally, efforts had been exerted to improve the infrastructure of the region. A number of international organizations were active in the region, enjoying the right to liberty of movement.
HR/CT/99/35
21 October 1999
HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF MOROCCAN REPORT ON IMPLEMENTATION OF COVENANT ON CIVIL AND POLITICAL RIGHTS
The Human Rights Committee continued this morning its consideration of the fourth periodic report from the Government of Morocco on the country's compliance with the International Covenant on Civil and Political Rights.
In response to a number of questions raised by Committee Experts, the members of the Moroccan delegation reaffirmed that Morocco was prepared to open all cases of disappearances. However, the list of disappeared persons produced by non-governmental organizations like Amnesty International was complex. Although the Government was willing to cooperate in clarifying the situation, the delegation said several names were applied to one person, and many people from Morocco might have joined the Western Saharan fighters and subsequently died in battle. Because of that, Morocco was not able to supply a complete list of alleged disappeared persons.
In Western Sahara, the delegation said, the Government of Morocco had, since 1975, been applying legal systems similar to that of the rest of the country. Additionally, efforts had been taken to improve the infrastructure of the region. A number of international organizations were active in the region, enjoying the right to liberty of movement.
Morocco, as one of 144 States parties to the International Covenant to Civil and Political Rights, must submit summaries to the Committee on the measures undertaken to implement the provisions of the treaty.
The Committee will reconvene at 3 p.m. to consider its general comment and to finalize the report of Morocco.
Discussion of Moroccan Report
In the beginning of the morning meeting, Committee Experts raised additional queries on such issues as the cases of disappeared persons and the status of women under the Islamic Sharia law. An Expert said that during three decades, about 900 persons had been reported disappeared and some of them died in secret prisons. Although the Government had established the identities of some of the disappeared persons, the cases of about 500 persons remained unclear. The Expert said that impunity was another aspect not dealt with by the Government, which failed to bring to justice those who perpetrated crimes of disappearance. Despite the reduction in cases of torture in the country, it continued to occur, said the Expert.
Another Expert said Moroccan personal law justified the dependence of women on men. Although the Sharia law constituted a very complex situation, it continued to be implemented since the 14th Century with constant elements that did not change.
In response to the number of queries raised by Committee experts during the meetings of yesterday and this morning, the delegation said that Sharia was an Islamic law which was implemented in line with public interest. It was incorporated in Moroccan law to reflect the political reality of the time and it was unavoidable during that time. When the Islamic law of Sharia was implemented in 1958, 80 per cent of the population lived in the rural areas where Islam was the predominate religion.
Nevertheless, there was a continuing debate on the rights of women under the Sharia law, the delegation said. Many women's associations were working towards the promotion and protection of women's rights.
The Moroccan delegation said that during the colonial era, women had no access to education. Four years after independence in 1960, 96 per cent of Moroccan women were illiterate. Following the campaign carried out by the Government to increase awareness among the rural population to send their children, particularly girls, to school instead of keeping them at home, the situation had improved.
Concerning polygamy, the delegation said that considerable reform had been made, and that its practice had regressed. At present, there were only fewer cases of polygamy among the older generation. With the evolution of the society and the change in peoples' attitudes, polygamy was seen as an archaic practice.
Morocco had success in bringing its judicial system in line with international instruments through several legislative efforts and technical assistance from international organizations. In addition, Morocco had opted for a court system consisting of criminal chambers and courts of appeal.
The delegation said that the independence of judges was guaranteed by law and that the executive branch could not interfere in the judicial affairs. Judges were not subjected to transfer, however, in the event a judge breached a law governing his functions, he could be subjected to disciplinary measures.
In pre-trial detention, the presumption of innocence was always the prevailing principle, and evidence should be produced to judge a suspect, the delegation said. In both civil and criminal cases, court proceedings were public. Any person suspected of a crime had the right to be informed of the charges against him, and to be assisted by a lawyer from the beginning of proceedings.
Because of the new approach applied by the State of Morocco, the delegation said, death sentences were commuted to life imprisonment. Only persons implicated in barbarous acts of crimes -- three men, thus far -- had been executed. Politically related cases did not carry death sentences, the delegation added.
Addressing police brutality, the delegation said that six police officers had been found guilty of such acts, and verdicts varying from 5 to 20 years had been handed down. Those were a few examples of the Moroccan fight against impunity, the delegation said. .
With respect to the role of the Advisory Council on Human Rights, the delegation said that its membership consisted of representatives of political parties, trade unions, non-governmental organizations and other civil societies. It had advisory functions concerning the promotion of human rights and it submitted proposals dealing with legislation. The Council also oversaw the prevalence of international conventions over domestic law.
By invoking the question on disappeared persons, the delegation said Morocco was prepared to open all cases of disappearances. However, the list of disappeared persons produced by non-governmental organizations like Amnesty International was one of a complex nature. Although the Government was open to cooperation in clarifying the situation, several names were applied to one person, and many people from Morocco might have joined the Western Saharan fighters and died on the battle field. Due to that complexity, Morocco was not able to supply a complete list of alleged disappeared persons.
Regarding the Western Sahara region, the delegation said, the Government of Morocco had, since 1975, been applying legal systems similar to that of the rest of the country. Additionally, efforts had been exerted to improve the infrastructure of the region. A number of international organizations were active in the region, enjoying the right to liberty of movement.