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22 November 2000

CESCR
24th session
22 November 2000
Morning




Morocco Recognizes Right to Freedom of Self-Determination
of Western Saharan People, Government Delegation Says


The Committee on Economic, Social and Cultural Rights this morning started its consideration of a second periodic report of Morocco by querying a Government delegation, among other things, on the situation in the Western Sahara, the rights of women and discrimination against children born out of wedlock.

Introducing the report, Nacer Benjelloun-Touimi, Permanent Representative of Morocco to the United Nations Office at Geneva, said the struggle against poverty and the fight for economic, social and cultural rights, particularly of vulnerable persons, was a priority of the Government. Since the new Government had taken office in 1998, it had been working hard to ensure respect for the defined orientations and the commitments taken at the national and international levels in the defence of human rights, particularly economic, social and cultural rights.

Responding to the questions raised by Committee Experts, the members of the Moroccan delegation said that the Western Sahara was an issue which the Government of Morocco was willing to resolve peacefully. The question of the Western Sahara had been put in the hands of the Security Council and the right to freedom of self-determination would be exercised by the population of the territory. The Government would respect the will of the population, they said.

Over the course of their consideration of the report, Committee members raised a number of questions on the situation in the Western Sahara; gender equality and discrimination against Moroccan women; discrimination against children born out of wedlock; and on legislative reforms providing economic, social and cultural rights to all, among other things.


In addition to Mr. Benjelloun-Touimi, the Moroccan delegation was composed of Driss Belmahi, Director of the Human Rights Defence at the Ministry of Human Rights; Driss Dadsi, Director of Social Development at the Ministry of Employment, Professional Training, of Social Development and of Solidarity; Zakia El Midaoui, Jalila Hommane and Lotfi Bouchaara, from the Permanent Mission of Morocco at Geneva; and Hynd Ayoubi Idrissi, Expert at the Ministry of Human Rights.

Morocco is among the 143 States parties to the International Covenant on Economic, Social and Cultural Rights and as such it must present periodic summaries on the efforts made by the State to give effect to the provisions of the treaty.

The Committee will continue its consideration of the Moroccan report when its reconvenes at 3 p.m.

Report of Morocco

The second periodic report of Morocco (document E/1990/6/Add.20) reviews the measures undertaken by the Government in order to implement the provisions of the Covenant. The report says that the right of peoples to self-determination is a fundamental right which has always been held sacred and guaranteed throughout Morocco's political and constitutional history. It says that Morocco is a constitutional, democratic and social monarchy; and the King is the supreme representative of the nation, the symbol of its unity, and guarantor of the permanence and continuity of the State.

The report notes that Morocco's compliance with the programmes approved by the Security Council on the Western Sahara affair illustrates Morocco's wholehearted commitment to the international legal instruments for establishing and protecting effectively the basic right of all peoples to self-determination. Concerned about preserving peace and security in the region, and despite Morocco's historical rights and its sovereignty, the State has proposed that a free referendum should be held under international supervision. Morocco is endeavouring to achieve complete territorial integrity in strict compliance with international law. The report notes that Morocco has devoted a huge investment effort to the development of the Saharan provinces in order to promote the economic, social and cultural rights of the people.

Moreover, the report says that in conformity with the provisions of the Covenant, Morocco has continued its efforts to ensure the full exercise of the economic, social and cultural rights recognized in the Covenant. Since the submission of the initial report in 1993, the progress of Moroccan society has been marked by sweeping changes which have facilitated increased action in favour of economic, social and cultural rights. Significant progress has been made in the control of population growth, to improve living standards, and in the development of political institutions through the adoption of a new Constitution and the succession of a new government.

Morocco's development efforts can only achieve the desired results if the level of foreign debt is reduced, the report says. The burden of foreign debt has worsened as a result of the consecutive years of drought the country has suffered from. The outstanding amount of external debt was reduced from 67.9 per cent of the Gross Domestic Product (GDP) to 58.3 per cent in 1997. This result was achieved in part through arrangements made with France and Spain to convert a portion of the debts into investments, and also by the advance payment of part of the costly overall debt. Despite the efforts, the level of debt remains high, and the charges on the external debt continue to absorb 28 per cent of the revenue to the balance of payments.

Higher education policy in Morocco aims to make education accessible to everyone according to their abilities. To ensure greater access to higher education, the State assists students by means of grants and subsidies for use in university accommodation and restaurants. The State contributes almost all of the funding for higher education. The efforts of the authorities have led to significant quantitative growth in higher education over the past four years. In addition, parents are free to send their children to the public or private schools of their choice. Moroccan law contains no provisions impeding the free exercise of this right or the right to establish and direct schools.

Presentation of the Second Periodic Report of Morocco

NACER BENJELLOUN-TOUIMI, Permanent Representative of Morocco to the United Nations Office at Geneva, recalled that in his message to the nation on 10 December 1999, the Head of the State had reaffirmed that the Moroccan options in matters of human rights were irreversible. For that reason, concrete and tangible measures had been adopted. In addition, the cases of 112 persons who had disappeared had been identified by the Moroccan Human Rights Advisory Council.

The Moroccan authorities had also put in place an independent arbitration commission with a charge to determine the material and moral compensation to victims of disappearances and their families; and the first part of the compensation had already been offered to families of the disappeared, Mr. Benjelloun-Touimi said. All those concrete measures demonstrated the willingness of the Moroccan authorities to work in favour of consolidation of human rights and they had contributed in promoting a veritable human rights culture in Morocco.

The struggle against poverty and the fight for economic, social and cultural rights, particularly of vulnerable persons, constituted a priority for the Government of Morocco, Mr. Benjelloun-Touimi went on to say. The new Government of Morocco, since it took office in 1998, had been working hard for the respect of the defined orientations and the commitments taken on national and international levels in the defence of human rights, particularly economic, social and cultural rights.

The economic and social development plan of 2000-2004 had created, for the first time, the fight against poverty as a national priority, and 42 per cent of the national budget was allocated to social development, Mr. Benjelloun-Touimi continued to say.

Benefiting from an extremely favourable environment of economic and political liberalization, over 20,000 associations now operated in Morocco, Mr. Benjelloun-Touimi said. In the past three years, their activities had focused mainly on urgent social action such as women's rights, the fight against poverty, and the promotion of small enterprises.

Discussion

Following the introduction of the report by the Moroccan delegation, Committee Experts said that the right to freedom of movement and acquisition of passports were part of the Committee's interest. They appreciated the measures taken by the Government in elucidating the cases of involuntary disappearances and in awarding compensation to the victims or their families; however, they said that the root cause of the cases of disappearances should be investigated and the compensations should be fairly distributed.

An Expert also remarked that in 1994 when Morocco's initial report was discussed by the Committee, it was observed that the country's Constitution did not contain provisions in which international conventions were implemented under domestic legislation. A question had also been raised on whether the Covenant could be invoked before the courts and the Expert wanted to know if the situation had changed.

In response to the questions raised by Committee Experts, the members of the delegation said that the authorities were contemplating how the Moroccan Human Rights Advisory Council could evolve into a veritable human rights advocacy so that it would assume the right role in that field. The Government of Morocco was also in favour of reconciliation in the cases of disappearances and it was concerned that compensation was paid out correctly to families of victims.

To the question regarding the relationship between international conventions and domestic legislation, the delegation said that the Government was doing all it could so that such relations were developed. Under domestic jurisdiction, Morocco was enacting laws which would reflect its international obligations. At present, a press code was underway and it would soon be a reality. An idea of setting up an office of an Ombudsman for human rights defence had also been considered.

Some Committee members drew the attention of the delegation to the fact that some legislative provisions in Morocco's legal system were incompatible with the provisions of the Covenant. An expert made allusion to the right to strike, the process of collective negotiations and labour law, and said that much explanations were needed from the delegation on the issue concerning discrimination in the labour law. The same Expert asked whether safeguard clauses were made available in the legal system while revising legislation on economic, social and cultural rights.

Referring to a document supplied by the Moroccan Association of Human Rights, an Expert said that the Moroccan justice system was not playing its role in enforcing the various provisions of international agreements, particularly those of economic, social and cultural rights. The rights under the country's labour code were not respected by employers and their violation was encouraged by the lack of the courts' inability to implement them.

The rights accorded to children born out of wedlock were invoked by an Expert who asked for further information on the general aspect of children's rights.

The Government of Morocco was studying the draft optional protocol to the Covenant and would give its opinion soon, the delegation said.

At present, the Moroccan authorities were recasting the legislative system by introducing new laws and reforming others so that they adapted to international norms, the delegation said. In the field of education, a series of reforms had been made to improve the quality of learning. In addition, the Government was committed to promoting human rights in all aspects, including economic, social and cultural rights.

Morocco had had for a long time legislation concerning certain aspects of social policy in which rights were reaffirmed, the delegation said. However, there had been regional or global challenges affecting such social rights. The Moroccan Government was determined to establish a draft of a comprehensive labour code in which all aspects of rights related to labour were included. The draft was being submitted to the legislators and it would soon be enacted.

On the concept of combatting poverty, the Moroccan delegation said that the Head of the State was convinced that such action was a priority. As it was remarked upon during the follow-up session on the Copenhagen Summit, the implementation of measures in combatting poverty had been delayed; however, Morocco was determined to engage in combatting poverty.

With regard to the question of discrimination against children born out of wedlock, the delegation said that in order to sensitize people on that issue, a training centre for judges, lawyers and other magistrates had been opened. The existence of discrimination against children born out of wedlock was undeniable. However, the Government had endeavoured to resolve the problem through legal means and it had made it obligatory to register such children as soon as they were born, even if the father was not known. The social problem was that such children were stigmatized as they grew because of the fact that they carried their mothers' family name. In addition, the Government had taken measures to support single mothers and to eliminate the taboo of having children by unknown fathers.

Morocco recognized child adoption under the system of Kafala which was a Muslim and Arab form of adoption, the delegation said. Such a system was recognized by the Hague Convention on Inter-Country Adoption and Protection 1993 to be unique to Muslim traditions.

An Expert asked the views of the delegation on the case of Ben Barka which was still a current affair with the mass media invoking it now and then. In addition, the Expert said that the Government had thoroughly explained its argument and its position on the issue of the Western Sahara, but international opinion believed that the problem could not be resolved in the manner in which the case was being handled now. Further, it was known that the territory had been conquered by Morocco.

Gender equality in gaining access to responsible posts was raised by another Expert, who further asked about the protection provided to women in the society. What measures had the Government taken to encourage women to participate in public affairs? Did girls equally participate in educational programmes at all levels and categories?

Other Committee members also asked about the structural adjustment programme negotiated with the International Monetary Fund (IMF). They asked if Morocco had taken into consideration its obligation under article 32 of the Covenant to ensure compulsory primary education. The Experts were also interested to know if Morocco had a national human rights plan of action in accordance to the Vienna Declaration.

Moroccan women had less access to stable employment, echoed another Expert, asking the delegation to explain to what extent the five-year development plan had affected the situation of women in the rural areas.

Morocco was marked by duality in which disparity was reigning between rural and urban areas and the poor and the privileged, an Expert said. The status of women in Morocco was appalling: women could not travel without being accompanied by a male partner or relative; the prevalent tradition undermined the rights of women in general; and the Government had to take measures against any practices which were detrimental to the rights of women.

Responding to the questions of Committee Experts, the members of the Moroccan delegation said that the situation in the Western Sahara was an issue which the Government of Morocco was willing to resolve peacefully. The question of the Western Sahara had been put in the hands of the Security Council and the right to the freedom of self-determination would be exercised by the population of the territory. The Government would respect the will of the population. The basic issue raised by Morocco related to who was going to vote in the referendum. The census carried out by Spain, as a former colonial power of the territory, was incomplete. In addition, because of the nomadic nature of the population which had close relations with mainland Morocco, it was difficult to determine their dwelling places.

Further, the delegation said that the Polisario was of the view that the referendum should be carried out according to the census established in 1974 by the Spanish colonial authorities, which was not acceptable to Morocco. Since the population of the Western Sahara belonged to a nomadic society holding no documents identifying themselves, the situation of holding the referendum had been delayed. The Government was not playing a delaying tactic in insisting on the identification of the individuals to take part in the referendum. The experts of the United Nations identification mission committee had made a mistake in leaving the prerogative to the chiefs of tribes to identify the individuals. Morocco believed that the tribal chiefs could be of help but should not substitute the experts. The Government of Morocco did not in any way hamper a Western Saharan to go forward to identify himself.

For the past 25 years, Morocco had not sat at the same table with the representatives of the Western Sahara, the delegation said. Morocco had never denied the Saharawi people their right to freedom of self-determination. In addition, Morocco was endeavouring that the people of the Western Sahara enjoyed the same economic, social and cultural rights as the rest of the Moroccan people.

Concerning refugees, the delegation said that Morocco was more and more aware of the issue, and it had developed a dialogue with the United Nations High Commissioner for Refugees on changing its legislation with respect to refugees. Since Morocco was not a party to the convention on stateless persons, not much had been done in that regard.

On the integration of women in development, the delegation said that legislation had been enacted to break down the traditional Islamic views against women. The Government was making efforts to implement a series of legislation gradually while at the same time adopting programmes in raising awareness among the population in order to prepare the ground for such implementation.



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