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20 October 1999
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HR/CT/99/34
20 October 1999
HUMAN RIGHTS COMMITTEE REVIEWS CIVIL AND POLITICAL RIGHTS
SITUATION IN MOROCCO
Morocco Cooperates with United Nations Mission in Western Sahara,
Delegation Affirms
The Human Rights Committee this afternoon began its consideration of the fourth periodic report of Morocco, questioning a Government delegation, among other things, about Morocco's cooperation with the United Nations in identifying voters in Western Sahara in view of the upcoming referendum on self-determination.
Introducing his country's report, Nacer Benjelloun-Touimi, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an essential factor of socio-economic development, Morocco had implemented a series of measures in the 1990s designed to strengthen and improve legislation and its institutions. It had also increased respect for human rights by taking a series of concrete actions in favour of human rights promotion, he said.
Committee Experts queried the members of the delegation on such issues as alleged disappearances; maltreatment and torture; discrimination against women; Morocco's sincerity in cooperating with the identification process in Western Sahara; domestic and marital violence against women; cases of rape and adultery; abortion; infant mortality; exclusion of women from certain employment; and deaths under police custody.
The delegation of Morocco also included Mohamed Lididi, Director of the Penitentiary Administration and of Reintegration; Driss Belmahi, Interim Director of Human Rights Defence at the Ministry of Human Rights; Habib Belkouch, Consultant Expert at the Ministry of Human Rights; and Mohamed Majdi, Counsellor at the Permanent Mission of Morocco.
Morocco, as one of 144 States parties to the International Covenant on Civil and Political Rights, must submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Thursday, 21 October, it will continue its consideration of the fourth periodic report of Morocco.
Report of Morocco
The fourth periodic report of Morocco (document CCPR/C/115/Add.1) enumerates the administrative and legislative measures taken by the Government to give effect to the provisions of the International Covenant on Civil and Political Rights. It says that the legal status of women has improved significantly; forced marriage have been abolished; new guarantees requiring the women's consent to the marriage before and during the drafting of the marriage contract have been introduced; polygamy is subject to judicial authorization; and unilateral repudiation by the husband has been made more difficult and anyone misusing it must pay compensation.
The status of women is one of the major concerns of the Ministry for Human Rights which, since being set up in November 1993, has held a number of working meetings with women's organizations. It has resulted in the drafting of an action strategy for promoting women's rights in all areas, in cooperation with the ministerial departments concerned. Whereas women's issues used to be seen largely from the social standpoint, the present approach is to link the status of women with human rights. Equality between men and women is one of the State's main objectives and measures to attain it must be based on the principles of the Shariah and the United Nations legal instruments ratified by Morocco.
The report says that the right of peoples to self-determination is embodied in the Moroccan constitution of 13 September 1996. Morocco was one of the first countries to join the international community's efforts to promote the self-determination of peoples and their rights to freely dispose of their natural wealth and resources.
With the view to increasing public awareness and promoting the observance of human rights, Morocco has adopted a policy of making human rights part of the education and training of a number of officials of the executive and judicial branches. In addition, there is no provision in Moroccan labour law which authorizes any form of discrimination between men and women, so that all workers enjoy the same rights on an equal footing.
Introduction of Report
NACER BENJELLOUN-TOUIMI, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an end itself and an essential factor of socio-economic development, Morocco had taken, in the course of the 1990s, a series of measures designed to strengthen and improve legislation and institutions. It had also increased respect for human rights by taking a series of concrete actions in favour of human rights promotion.
Mr. Benjelloun-Touimi said that those fundamental principles had been reaffirmed by His Majesty King Mohamed VI in his statement of 30 July 1999. The King declared that "we are extremely attached to constitutional monarchy, multi-partism, social and economic liberalism, the strengthening of a State of law, safeguard of human rights and individual freedoms, and the maintenance of security and stability for all".
Mr. Benjelloun-Touimi further said that the reform of the judiciary would take a privileged place in the actions of the Government. The Moroccan authorities considered that justice was an essential factor to the strengthening of the social cohesion, which was a decisive factor to the profound democratization of the society and the principal pillar to the consolidation of the State of law.
Discussion
In response to the written questions prepared by Committee Experts in advance, the members of the Moroccan delegation said that the United Nations was conducting an identification process in view of the upcoming referendum in Western Sahara, and that the Government of Morocco was cooperating. Although Morocco defended its national interests, it had continued to cooperate in the process to identify those who could participate in the forthcoming referendum for self-determination. The wish of Morocco was that all Saharawis vote without any distinction. The identification process was being handled and conducted by the United Nations itself, and Morocco would continue to offer its cooperation.
The delegation added that the identification process had been a long and complicated exercise, and because of that, the time schedule was not met. Certain groups were not yet identified, and the rights of those who happened not to be in place for the identification should also be respected. The Moroccan officials hoped that those who contested the result of the identification would be heard.
A question was asked if the population of the Western Sahara enjoyed the rights enshrined in the Covenant, which the delegation said should be like in any other developing country. The problem of unemployment and other social benefits, they said, were not satisfactory. Nevertheless, the inhabitants of the region enjoyed all rights and freedoms affirmed by the law, particularly by the Covenant. There were 273 associations in Laayaune alone dealing with social activities; four local newspapers, political parties and trade unions. The Government of Morocco did not make any distinction between the north and south.
Moroccan officials said that in order to ensure equality of rights between men and women, in the last two years the Government had implemented a policy which boosted the status of women, permitting them to take prominent Government posts as ambassadors, members of the constitutional court, and presidents of higher courts. On the other hand, 67 per cent of women were illiterate, as opposed to 47 per cent of the whole Moroccan population. However, the Government had allocated 24 per cent of its annual budget to the advancement of education, despite the fact that one-third of the annual income was paid off to cover the country's external debt.
The delegation said that 195 death sentences had been commuted to life imprisonment, and that since Morocco ratified the Covenant in 1979, only three death sentences were carried out, and no women criminals had been executed. In addition, the principle of pardon had been freely exercised by the Head of State towards those who were sentenced to capital punishment.
With regard to the disappearances of persons, the delegation said that the problem had been resolved by the Consultative Council of Human Rights, a national institution for the promotion and protection of human rights. With the collaboration of victims' families and non-governmental organizations, the Council had discharged its mission by identifying 112 cases of disappearances. In addition, an independent commission had been set up with the aim of awarding compensations to victims' families. The Council also would continue its investigation on the remaining cases of disappearance and the way in which such disappearances occurred, the delegation said.
Referring to the statement made by the members of the Moroccan delegation on the issue of disappearances, an Expert said that a United Nations body had already recommended that Morocco take all appropriate measures to elucidate the cases of 580 allegedly disappeared persons. Another Expert said that the Government's responsibilities were not only to establish the cases of those disappeared persons, but also to identify the perpetrators who caused the disappearances.
Concerning arrests by police, the delegation said that because of the principle of equality, judicial police had to immediately inform the family of the person detained. In addition, the police had to submit a list of detainees to the procurator general within 24 hours. In order to avoid mis-treatment under police custody, the investigating judge had the right to request a medical examination of the detainee.
Committee Experts raised additional queries on such issues as cases of disappearances; maltreatment and torture; discrimination against women; domestic and marital violence against women; cases of rape and adultery; abortion; infant mortality; exclusion of women from certain employment; and deaths under police custody.
HR/CT/99/34
20 October 1999
HUMAN RIGHTS COMMITTEE REVIEWS CIVIL AND POLITICAL RIGHTS
SITUATION IN MOROCCO
Morocco Cooperates with United Nations Mission in Western Sahara,
Delegation Affirms
The Human Rights Committee this afternoon began its consideration of the fourth periodic report of Morocco, questioning a Government delegation, among other things, about Morocco's cooperation with the United Nations in identifying voters in Western Sahara in view of the upcoming referendum on self-determination.
Introducing his country's report, Nacer Benjelloun-Touimi, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an essential factor of socio-economic development, Morocco had implemented a series of measures in the 1990s designed to strengthen and improve legislation and its institutions. It had also increased respect for human rights by taking a series of concrete actions in favour of human rights promotion, he said.
Committee Experts queried the members of the delegation on such issues as alleged disappearances; maltreatment and torture; discrimination against women; Morocco's sincerity in cooperating with the identification process in Western Sahara; domestic and marital violence against women; cases of rape and adultery; abortion; infant mortality; exclusion of women from certain employment; and deaths under police custody.
The delegation of Morocco also included Mohamed Lididi, Director of the Penitentiary Administration and of Reintegration; Driss Belmahi, Interim Director of Human Rights Defence at the Ministry of Human Rights; Habib Belkouch, Consultant Expert at the Ministry of Human Rights; and Mohamed Majdi, Counsellor at the Permanent Mission of Morocco.
Morocco, as one of 144 States parties to the International Covenant on Civil and Political Rights, must submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Thursday, 21 October, it will continue its consideration of the fourth periodic report of Morocco.
Report of Morocco
The fourth periodic report of Morocco (document CCPR/C/115/Add.1) enumerates the administrative and legislative measures taken by the Government to give effect to the provisions of the International Covenant on Civil and Political Rights. It says that the legal status of women has improved significantly; forced marriage have been abolished; new guarantees requiring the women's consent to the marriage before and during the drafting of the marriage contract have been introduced; polygamy is subject to judicial authorization; and unilateral repudiation by the husband has been made more difficult and anyone misusing it must pay compensation.
The status of women is one of the major concerns of the Ministry for Human Rights which, since being set up in November 1993, has held a number of working meetings with women's organizations. It has resulted in the drafting of an action strategy for promoting women's rights in all areas, in cooperation with the ministerial departments concerned. Whereas women's issues used to be seen largely from the social standpoint, the present approach is to link the status of women with human rights. Equality between men and women is one of the State's main objectives and measures to attain it must be based on the principles of the Shariah and the United Nations legal instruments ratified by Morocco.
The report says that the right of peoples to self-determination is embodied in the Moroccan constitution of 13 September 1996. Morocco was one of the first countries to join the international community's efforts to promote the self-determination of peoples and their rights to freely dispose of their natural wealth and resources.
With the view to increasing public awareness and promoting the observance of human rights, Morocco has adopted a policy of making human rights part of the education and training of a number of officials of the executive and judicial branches. In addition, there is no provision in Moroccan labour law which authorizes any form of discrimination between men and women, so that all workers enjoy the same rights on an equal footing.
Introduction of Report
NACER BENJELLOUN-TOUIMI, Permanent Representative of Morocco to the United Nations Office at Geneva, said that considering human rights as an end itself and an essential factor of socio-economic development, Morocco had taken, in the course of the 1990s, a series of measures designed to strengthen and improve legislation and institutions. It had also increased respect for human rights by taking a series of concrete actions in favour of human rights promotion.
Mr. Benjelloun-Touimi said that those fundamental principles had been reaffirmed by His Majesty King Mohamed VI in his statement of 30 July 1999. The King declared that "we are extremely attached to constitutional monarchy, multi-partism, social and economic liberalism, the strengthening of a State of law, safeguard of human rights and individual freedoms, and the maintenance of security and stability for all".
Mr. Benjelloun-Touimi further said that the reform of the judiciary would take a privileged place in the actions of the Government. The Moroccan authorities considered that justice was an essential factor to the strengthening of the social cohesion, which was a decisive factor to the profound democratization of the society and the principal pillar to the consolidation of the State of law.
Discussion
In response to the written questions prepared by Committee Experts in advance, the members of the Moroccan delegation said that the United Nations was conducting an identification process in view of the upcoming referendum in Western Sahara, and that the Government of Morocco was cooperating. Although Morocco defended its national interests, it had continued to cooperate in the process to identify those who could participate in the forthcoming referendum for self-determination. The wish of Morocco was that all Saharawis vote without any distinction. The identification process was being handled and conducted by the United Nations itself, and Morocco would continue to offer its cooperation.
The delegation added that the identification process had been a long and complicated exercise, and because of that, the time schedule was not met. Certain groups were not yet identified, and the rights of those who happened not to be in place for the identification should also be respected. The Moroccan officials hoped that those who contested the result of the identification would be heard.
A question was asked if the population of the Western Sahara enjoyed the rights enshrined in the Covenant, which the delegation said should be like in any other developing country. The problem of unemployment and other social benefits, they said, were not satisfactory. Nevertheless, the inhabitants of the region enjoyed all rights and freedoms affirmed by the law, particularly by the Covenant. There were 273 associations in Laayaune alone dealing with social activities; four local newspapers, political parties and trade unions. The Government of Morocco did not make any distinction between the north and south.
Moroccan officials said that in order to ensure equality of rights between men and women, in the last two years the Government had implemented a policy which boosted the status of women, permitting them to take prominent Government posts as ambassadors, members of the constitutional court, and presidents of higher courts. On the other hand, 67 per cent of women were illiterate, as opposed to 47 per cent of the whole Moroccan population. However, the Government had allocated 24 per cent of its annual budget to the advancement of education, despite the fact that one-third of the annual income was paid off to cover the country's external debt.
The delegation said that 195 death sentences had been commuted to life imprisonment, and that since Morocco ratified the Covenant in 1979, only three death sentences were carried out, and no women criminals had been executed. In addition, the principle of pardon had been freely exercised by the Head of State towards those who were sentenced to capital punishment.
With regard to the disappearances of persons, the delegation said that the problem had been resolved by the Consultative Council of Human Rights, a national institution for the promotion and protection of human rights. With the collaboration of victims' families and non-governmental organizations, the Council had discharged its mission by identifying 112 cases of disappearances. In addition, an independent commission had been set up with the aim of awarding compensations to victims' families. The Council also would continue its investigation on the remaining cases of disappearance and the way in which such disappearances occurred, the delegation said.
Referring to the statement made by the members of the Moroccan delegation on the issue of disappearances, an Expert said that a United Nations body had already recommended that Morocco take all appropriate measures to elucidate the cases of 580 allegedly disappeared persons. Another Expert said that the Government's responsibilities were not only to establish the cases of those disappeared persons, but also to identify the perpetrators who caused the disappearances.
Concerning arrests by police, the delegation said that because of the principle of equality, judicial police had to immediately inform the family of the person detained. In addition, the police had to submit a list of detainees to the procurator general within 24 hours. In order to avoid mis-treatment under police custody, the investigating judge had the right to request a medical examination of the detainee.
Committee Experts raised additional queries on such issues as cases of disappearances; maltreatment and torture; discrimination against women; domestic and marital violence against women; cases of rape and adultery; abortion; infant mortality; exclusion of women from certain employment; and deaths under police custody.