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21 October 1999

AFTERNOON
HR/CT/99/36
21 October 1999


HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF MOROCCAN REPORT ON IMPLEMENTATION OF COVENANT ON CIVIL AND POLITICAL RIGHTS


Discusses Draft General Comment on Equal Rights of Men and Women


The Human Rights Committee this afternoon concluded its consideration of the fourth periodic report of Morocco on the Government's efforts to implement the provisions of the International Covenant on Civil and Political Rights.

In preliminary conclusions and recommendations, Committee Chairperson Cecilia Medina Quiroga said there was concern about the considerable delay of the referendum in Western Sahara. She appreciated the Government of Morocco’s cooperation with the United Nations mission, but listed another concern about the cases of disappeared persons. The country’s report, she said, did not mention anything about the issue. One could not turn a page on disappearances without elucidating the cases, she said.

The Committee will issue final written concluding observations and recommendations on the report of Morocco near the end of its three-week session, which concludes on 5 November. A six-member Moroccan delegation availed itself during the three meetings and answered questions raised by Committee members.

As one of 144 States parties to the International Covenant, Morocco is obligated to submit periodic reports to the Committee on the measures adopted in the view to implement the provisions of the treaty. The country's fourth periodic report was presented yesterday afternoon.

Earlier in the meeting, the Committee discussed its draft General Comment on article 3 of the Covenant. Article 3 proclaimed States parties to the Covenant undertake measures to ensure men and women enjoy equal rights to all civil and political rights set forth in the Covenant.

Before adjourning its afternoon session, the Committee held a private meeting to examine communications received from individuals claiming that their rights under the Covenant had been violated. Only States parties that recognized the competence of the Committee under the First Optional Protocol were concerned by these procedures.

When the Committee reconvenes at 10 a.m. on Friday, 22 October, it will take up the second periodic report of the Republic of Korea (CCPR/C/114/Add.1).

Discussion of Report of Morocco

In response to questions raised by Committee members during the morning meeting, the officials of the Moroccan Government delegation said that the people of Morocco enjoyed the right to freedom of expression proclaimed under the Covenant. In addition, the right to expression was embodied in and guaranteed by the Moroccan Constitution and other legal instruments. Nevertheless, while criticism and participation in political life were fully guaranteed to citizens, instances of insults and defamations against individuals were considered offenses, and individuals' dignities and reputations were protected from such abuses. It was up to a judge to draw the distinction between criticism and defamation, the delegation said. In addition, defamation against national symbols, such as the King, was also a crime.

Responding to a question about the freedom of the press, the delegation said only one person from the media was imprisoned, and it was for an offence not related to his publications. There were also 44 persons in Moroccan prisons for offenses pertaining to defamation.

In order to strengthen the press law and to bring it in line with international norms, a multi-disciplinary committee, chaired by the Prime Minister, had been created to draft a proposal, the delegation said.

Asked if work done by prisoners was remunerated, delegates responded that any work performed by prisoners was paid and that it was not considered to be forced labour. The work done by prisoners was also designed as part of their rehabilitation and future integration in the society.

Preliminary Observations and Recommendations

In preliminary observations and recommendations, Committee Chairperson Cecilia Medina Quiroga said the Committee was aware of the difficulties encountered by the Government of Morocco in its efforts to implement the provisions of the International Covenant. Despite major reforms in the country, human rights problems still existed, she said.

Ms. Medina Quiroga said that human rights was for all; however, the Committee was concerned about the considerable delay of the referendum in Western Sahara. She appreciated the cooperation of the Government with the United Nations mission.

Further, she said that the prevalence of international treaties was not seen in practice in Morocco. There were still laws contrary to international laws.

The Chairperson said there was concern that the report did not address cases of disappeared persons. Disappearances were violations of human rights and crimes under international law. The Government should not wait until the families of the victims provided information to clarify such cases. One could not turn a page on disappearances without elucidating the cases, she said.


The situation of Moroccan women was also of concern to the Committee, the Chairperson said. Although the State did not make any reservations to articles 3 and 23 of the Covenant on the equality of men and women, the report did not make any mention of those articles in its report, she said. All forms of discrimination against women should be eliminated, including the laws which were incompatible with international instruments.

Special concern was also expressed in matters of deprivation of freedom of expression and due process of law. The Chairperson asked about the kind of publications being confiscated by the judicial police. She also wondered why a series of disciplinary measures were taken against judges.