HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF MOROCCO

Human Rights Committee
26 October 2004

The Human Rights Committee has considered the fifth periodic report of Morocco on how that State party implements the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Omar Hilale, Permanent Representative of Morocco to the United Nations Office at Geneva, said his Government had been making efforts in institutional and legal terms to promote, defend and protect human rights to end the legacy of the past of forced disappearances and arbitrary detention. Since the 1990s, Morocco had undertaken broad reforms to harmonize legal provisions, in particular in terms of the administration of the prison system, the entry of foreigners into Morocco and the revision of the State’s Criminal Code.

In preliminary remarks, Committee Chairperson Abdelfattah Amor noted the ongoing process of human rights in Morocco which had been demonstrated by the Government’s many achievements thus far. Among these achievements was the drafting of the new Family Code as well as the creation of an Ombudsman. Mr. Amor also highlighted the fact that Morocco had refrained from carrying out the death penalty and expressed hope that the State party would rescind the death penalty altogether. Among the areas of concern highlighted by the Chairperson were the issues of the nationality of a child born to a Moroccan mother and a foreign father, the subject of domestic violence, and the laws and measures that had been adopted to protect the population from terrorism.

Other Committee Experts raised questions on subjects pertaining, among other things, to the revised Family Code and gender equality, prisoner detention and prison conditions, the State party’s counter-terrorism measures, and the new anti-terrorism law of 2003.

The Committee will issue its formal, written concluding observations and recommendations on the report of Morocco towards the end of its session which will conclude on 5 November.

Also representing Morocco were representatives of the country’s General Directorate of Interior Affairs, the Ministry of Justice, and the Permanent Mission of Morocco to the United Nations Office at Geneva.

Morocco is among the 153 States parties to the Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m. on Wednesday, 27 October, it will begin its consideration of the fifth periodic report of Poland (CCPR/C/POL/2004/5).

Report of Morocco

The fifth periodic report of Morocco (CCPR/C/MAR/2004/5) notes the establishment of the Equity and Reconciliation Commission, following a recommendation by the Consultative Council on Human Rights that was endorsed by King Mohammed VI. The Commission has the task of providing fair compensation to enable victims of forced disappearances and arbitrary detention to be rehabilitated and reintegrated into society, while continuing with its investigations into disappearances. Among other things, the Commission is seeking the truth on forced disappearances and arbitrary detention and is trying to find extrajudicial solutions in cases of human rights violations.

The report underscores that the civil and political rights set forth in the International Covenant on Civil and Political Rights are embodied in numerous constitutional provisions, among them articles establishing the equality of all Moroccans before the law; guaranteeing freedom of worship; establishing equality between men and women in the exercise of their civil, political and trade-union freedoms and rights; protecting the right to life; and guaranteeing the right to own property and freedom of enterprise, without any discrimination.

To mark the establishment of the Equity and Reconciliation Commission, in January 2004, a royal pardon was granted to 33 prisoners, including 28 political prisoners, among whom there were Islamic extremists, political opponents and journalists. Thus, according to the international criteria for defining a political prisoner, there are no longer any political prisoners in Morocco. The report also refers to the adoption of the Family Code at the beginning of this year which, among other things, will guarantee respect for the rights of women and children, and benefit the stability of the family unit. There has also been significant improvement in women’s representation in politics, the report states.

Among other measures instituted by the Government of Morocco are the reform of the Code on Public Freedoms, the adoption of new prison legislation, the reform of the Code on Criminal Procedure, the adoption of a new law governing the entry to and stay in Morocco of aliens, as well as an anti- terrorism law. The new Code on Criminal Procedure, as supplemented and amended by the Government’s Act of 2003 on combating terrorism, provides further safeguards in respect of the conduct of fact-finding inquiries and investigations.

Presentation of Report

OMAR HILALE, Permanent Representative of Morocco to the United Nations Office at Geneva, said Morocco had set up a policy of participation and involvement of all in society, including in their access to the justice system. The commitment of the Government to human rights had been demonstrated in the elections of 2002 in Morocco which, among other things, had enhanced the credibility of Parliament. Since these elections, the Government had continued in its efforts to build on the rule of law. The head of the delegation noted that the Government had decided to lower the voting age from 20 to 18 which had enabled the youth of Morocco to become increasingly involved in the Government’s project of building a modern and democratic society.

Mr. Hilale said the Government had been making efforts in institutional and legal terms to promote, defend and protect human rights to end the legacy of the past of forced disappearances and arbitrary detention. These efforts had taken concrete form in a number of legislative reforms in terms of civil and political rights, as well as economic, social and cultural rights. Since the 1990s, Morocco had taken broad reforms to harmonize legal provisions, in particular in terms of the administration of the prison system, the entry of foreigners into Morocco, and in the revision of the State’s Criminal Code. The improvement of the prison system had also been a priority of the Government.

The new Code of the Family was an example of the Government’s overall political strategy and commitment to building a democratic society while upholding equality between men and women. The new Code had put an end to the inequalities between men and women and protected women and children, in particular. Among other things, it had set the new age of marriage at 18 and had made polygamy virtually impossible in Morocco. The State’s Code of Public Freedoms of 1958 had been recently revised with amendments allowing for the simplification of administrative procedures and guaranteeing the transparency and reinforcement of the judiciary.

In addition to these reforms, certain institutional provisions had been undertaken by the Consultative Council on Human Rights, such as the setting up of the Office of an Ombudsman. The Council had presented a report to the Ombudsman which drew attention to the situation in prisons, the overall promotion of human rights, and violations in connection with the State’s fight against terrorism. In response, the Government had ordered an investigation into allegations of torture submitted to it by the Council. It had also submitted a preliminary bill criminalizing torture and had appointed a high-level committee to interact with the Council. The Ombudsman sought to serve as an effective instrument to service citizens in terms of reconciliation and compensation and to hear grievances as well as to remedy those whose rights had been violated. The Ombudsman had also been proactive in encouraging reform in the administrative of justice and addressed the rights of Moroccan nationals residing abroad.

The Independent Arbitration Commission, under the auspices of the Consultative Council on Human Rights, was responsible for compensation for victims of forced disappearances and arbitrary detention. The Commission, which also dealt with equity and reconciliation, entered into force by the decision of the King shortly after his accession to the throne and had handed down over 4,000 judgments. The Equity and Reconciliation Commission was also a Government institution which was part of the overall goal of the Government to put an end to violations of human rights in Morocco. The establishment of this Commission in 2003 expressed another commitment of the Government to settling cases of these violations and continued to investigate unresolved cases.

Mr. Hilale said human rights education for all persons in Morocco was a priority of the Government which had set up a centre for document distribution and training in the area of human rights; the centre was run in cooperation with the Consultative Council on Human Rights and the United Nations Development Programme.

Mr. Hilale referred to the terrorist acts in Casablanca in May 2003 which had violated the right to life and had led the Government to submit an anti-terrorist bill in order to provide legislation in this area. The bill, which had been discussed by a number of non-governmental organizations in Morocco, elucidated Morocco’s commitment to upholding human rights and basic freedoms. In a public speech in Casablanca following the attacks, King Mohammed VI said: “Terrorism will not be accepted and Morocco will remain loyal in its international commitments.”

In conclusion, Mr. Hilale said Moroccan authorities had been making every effort to ensure respect for all human rights in its territory. The Moroccan authorities were determined to intensify their efforts to build a democratic and modern society and to expand on the progress already achieved.

Questions from Committee Members

A member of the Committee said the report was a clear demonstration of the Moroccan Government’s efforts to make its society more modern and democratic. He asked how the measures taken by the Government had been implemented on the ground and whether they had proved effective. He also requested clarification on the Family Code, asking whether there would be new family courts, and the results of gender equality steps taken. Other questions dealt with nationality, the Office of the Ombudsman, the death penalty in Morocco, the powers of the Supreme Court and administrative courts.

Other Committee members raised questions pertaining to restrictions on polygamy, inheritance rights, prison conditions, and police abuse. A member of the Committee asked specifically how many Moroccan prisoners were currently in Guantanamo and for what charges. Several members asked questions related to the State’s counter-terrorism measures and its anti-terrorism law of 2003.

Delegation's Responses to Questions

Western Sahara

The Committee, in a written question, asked the delegation to indicate development and progress made in relation to the organization of the referendum on the question of self-determination in Western Sahara. In response, the delegation said that ever since the adoption of the settlement plan in 1991, Morocco had been demonstrating its ongoing cooperation without reservation with a view to carrying out a referendum in the Moroccan Sahara. The delegation noted that there had been obstacles presented by the Polisario which had resulted in the exclusion of hundreds of thousands of Sahrawis. After recognizing that it had not been possible to implement the settlement plan, the Secretary-General of the United Nations and his Personal Envoy, James Baker, had presented a framework agreement in June 2001 urging all interested parties to accept it as a compromise solution. Morocco had accepted to negotiate on the framework agreement on the condition that it provided a substantial delegation of power. The delegation noted that Algeria and the Polisario had refused to negotiate in the proposed agreement and Algeria had submitted its own sharing plan which was rejected by Morocco for judicial and political reasons.

Given the refusal of the Security Council to choose between the different options presented to it, Mr. Baker had proposed a new peace plan in January 2003, without consultations beforehand. In the plan, he had attempted to combine the two irreconcilable approaches. Finally, the Security Council, in a resolution of July 2003, had re-established the natural order of things by highlighting the necessity of the parties to agree before the Security Council endorsed any new proposition. The delegation added that last week a large majority of the international community had abstained on a draft resolution presented by Algeria and put forth at the Fourth Committee of the General Assembly. The Secretary-General had proposed the extension of the United Nations Mission in Western Sahara (MINURSO) until 30 April 2005. The King of Morocco, before the fifty-ninth session of the General Assembly, had stated that Morocco was ready to cooperate with the United Nations and all the concerned parties to find a political solution, which would be negotiated and definitive in the framework of international law; a solution which would guarantee the sovereignty and national unity and territorial integrity of the Kingdom and would allow the inhabitants of the south province to manage their own regional affairs. Morocco had been cooperating with the United Nations and had given support to the Secretary-General to close this chapter in a fair and equitable manner.

Asked how rights were afforded in the region of Western Sahara, the delegation said the principle of equality came into effect in the Moroccan Sahara just as it was applied in other parts of Morocco and the judicial guarantees in this region were identical to those in all of Morocco. There were no specific differences in the exercise of these rights in Morocco. The delegation added that there were courts in the region of the Moroccan Sahara that were exactly the same as courts in other parts of the Kingdom and which applied the same principles of equality as outlined in the Covenant, which was applied in the same manner in all courts throughout the country. A court of appeal and administrative courts also existed in the Moroccan Sahara.

In response to reports of harassment and intimidation of a number of Saharan members of civil society who were viewed as supporters of independence for Western Sahara, the delegation recalled the case of a Saharan person who was granted a pardon from the King who in turn refused to be released since he claimed he was not a Moroccan national and therefore could not receive a pardon from the King. The delegation added that this person in question was not from the region of Morocco referred to by the United Nations as Western Sahara.

Human Rights and the Judiciary

Asked to comment on the functioning of the Consultative Council on Human Rights, the delegation emphasized that it was independent of the powers of the Government. The Council was directly answerable to the King and took up matters of serious violations of human rights as deemed appropriate by the King.

On a question on whether Moroccan courts had the right to override or annul laws based on the International Covenant on Civil and Political Rights, the delegation said the Covenant prevailed over national law in matters regarding international relations. The Supreme Court of Morocco stated that it was possible to give effect to the Covenant guaranteeing everyone certain rights and there was also subsequent legislation which expressed that it was possible to give effect to international conventions ratified by Morocco. According to Moroccan legislation, the courts handed down sanctions where there were failures to respect the principles of the Covenant. Morocco adhered to the implementation of the provisions of all international conventions at the domestic level which were considered to be binding. Currently this principle was embodied in Moroccan legislation.

Gender Equality

In response to a question on the new Family Code, the delegation noted that the Code, which came into force in February this year, had had a direct effect on life in Morocco and had been adopted in keeping with the traditions of Moroccan society. The new feature of the Code was that it allowed for a broadening of modern society and at the same time sought to guarantee the stability of the family and ensure and protect rights of women and children to ensure the international values and principles governing Morocco. The scope of the provisions had been extended to limit polygamy and encourage reconciliation between spouses to avoid the dissolution of the marriage. There had also been the training of judges and court official dealing with family justice. The Government aimed to remove any obstacles to preserving the prosperity of the Moroccan family. In order to invoke the law, the Government had been preparing the people of Morocco psychologically. In response to a follow-up question, the delegation said the Family Courts were not independent courts but special branches within the court system in Morocco. The Family Courts comprised of expert judges dealing in such matters.

In terms of polygamy, the delegation noted that polygamy was an Islamic tradition and in Morocco it could not be considered as a means of undermining the dignity of women. This was a cultural particularity of Muslim women. The law did not prohibit polygamy but sought to limit cases of polygamy and was subject to the consent of both spouses and a judge.

Concerning gender equality, the delegation said women in Morocco had all the rights as laid out in the International Covenant on Civil and Political Rights and the State had called for the development of women as per its policy. Women had been taking up new posts in political life in Morocco and new reforms calling for greater opportunities for women and for the general equality between men and women had been upheld in the country. Despite these efforts, the delegation added, women in Morocco were still faced with impediments to achieving the full realization of their rights and the Government had re-dedicated its commitment to further social reforms to ensure balance between women and men. It had been increasing its efforts in the areas of education and literacy for women and sought to achieve increased school attendance rates for women. The delegation added that illiteracy mainly affected women, particularly in rural areas. The Government had set up a secretariat for illiteracy to improve literacy rates. It was especially geared towards women. As per a review of the Electoral Code, some 30 women were elected to public positions and women now made up some 11 per cent of these positions in Morocco. The draft law on political parties encouraged the promotion of women to political and decision-making positions as well.

On the subject of domestic violence, the delegation noted that efforts had been ongoing by the Government in this regard and an important amendment had been introduced in the Penal Code which aimed to ensure the protection and equality for women and prohibited discrimination in the courts. As for prohibition of discrimination, when a violent act was committed against a woman the legislation was harsh. In general, Moroccan legislation provided greater protection to women and their easier access to legal remedies.

Rule of Law and Terrorism

In response to a specific question on the state of emergency in Morocco, the delegation affirmed that any state of emergency in Morocco could not lead to the dissolution of Parliament.

With regard to the death penalty, the delegation said capital punishment continued to be present in Moroccan law for the most heinous crimes. Last year there was a review of the State’s position on the death penalty in the context of the new law on counter-terrorism. The delegation added that the last time a person was executed in Morocco was in 1993. The Ministry of Justice was currently preparing a seminar on the State’s penal policy and one of the subjects to be studied was the removal of capital punishment. The number of persons sentenced to death was over 300, but in fact none of these sentences had been carried and many had been commuted to an amnesty; there were some 145 cases pending.

Asked to comment on the Direction Générale de la Surveillance du Territoire, the delegation noted that it was responsible for investigating and preventing any terrorist activities and was essentially an information-gathering body. It did not function as the judicial police but might be called upon by the judicial police to provide additional information.

With regard to the State’s counter terrorism law, the delegation said the law was based on the foundations of French legislation which included the definition of the crime of terrorism. A crime of murder carried the punishment of life imprisonment, but terrorism offences called for capital punishment. The delegation added that the law had been drawn up before the attack last year and it was incorrect to say that the law came as a result of the events of 16 May 2003. The law did not allow for derogation in cases of custody and search and seizure, among other things. In short, the law was very much in keeping with the international commitments of Morocco. The law required that the crime must be a terrorist-motivated act and of a nature intended to undermine public order.

In response to a question posed on Moroccan prisoners in Guantanamo, the delegation said there were five Moroccan citizens who had been detained at Guantanamo after having been accused of a number of violations by the United States authorities; they had been the subjects of refoulment. These were not just any Moroccans, the delegation added; one of the accused was the bodyguard of Osama Bin Laden. These people had information which was useful to the Moroccan authorities and when they returned to Morocco a press release was issued indicating that they had been returned and had been handed over to the Judiciary Police so as to conduct an investigation with them and to determine any connection they had to Al Qaeda. Moreover, these five people were brought before the prosecutor of the Rabat Court of Appeals and were handed over to the Counter-Terrorism Examination Magistrate. The delegation emphasized that the Moroccan authorities could not prevent any Moroccan citizen from returning to their own country regardless of the circumstances or the causes. Some were prosecuted for having taken part in an international terrorist network and others were charged with supporting international terrorism.

On a similar note, a Committee member asked for information on the fate of the Moroccans who had been extradited to Pakistan and Syria. The delegation reaffirmed that no Moroccan national had been expelled from or sent to Pakistan or Syria. Another member of the delegation said after the events of 11 September he was not aware of any Moroccan being extradited to either of those countries or subjected to refoulment.

Asked to indicate the remedies available to persons who faced the risk of being forced to leave Morocco on the grounds that they presented a threat to the security of the State or to public order, or on grounds of terrorism, the delegation affirmed that any one could appeal against such decisions and there were several different remedies.

In reaction to a follow up question posed by the Committee on the case of two individuals reported to be on death row for political reasons, the delegation reaffirmed that there were no political detainees in Morocco. The two people in question, who were part of the subversive “71 Group”, were condemned in 1984 to death for a plot to overthrow the regime although their sentences had not been confirmed. In 1988, one of the two prisoners, Ahmad Sheid, started a prison riot and killed a prison guard. His death penalty was afterwards confirmed, but not for the crime of plotting an overthrow of the regime, but for having killed the prison guard. As of 1994 there were no detainees from the “71 Group” expect for Ahmed Sheid and his accomplice in the 1984 plot, who also took part in the 1988 killing of the prison guard. The delegation emphasized that these two people were in prison not for political reason but for having killed the prison guard. Moreover, these two individuals were not on any list from non-governmental organizations or elsewhere of political prisoners.

As per the new Criminal Procedure Code, any arresting officer must provide information on the date and time of arrest and must notify the family of the arrested person immediately. Moreover, the General Prosecutor must have information on all persons held in pre-trial custody.

In response to a question on the expulsion of aliens, the delegation said aliens may be expelled from Morocco for failure to comply with the legal requirements governing aliens’ entry and residence, or if they represented a serious threat to public order. As per Moroccan law, no limit was set to a period of expulsion if the conviction arose from an offence involving terrorism, immorality or narcotics. Moreover, aliens may not be deported to a country where they can demonstrate that their life or liberty would be at risk or that they would be subject to inhuman, cruel or degrading treatment. Under the law, aliens subjected to a deportation order had the right to apply, within 48 hours, to the president of the administrative tribunal for the order to be rescinded. It was impossible to expel any person if they had resided in Morocco for more than ten years, if they were married to a Moroccan, or if they were a parent of a Moroccan child.

Right to be Free from Torture and Conditions of Detention

Concerning reported deaths of persons in detention, the delegation said the law in Morocco had been intensified in order to provide more protection in and supervise places of detention. The District Attorney's Office had also carried out nearly 600 surprise visits to places of detention. Whenever there was a death in a detention facility the authorities investigated the cause of death. Currently, the Moroccan authorities were investigating five cases of suspicious cause of death which had occurred in places of detention. In one instance police officers were found guilty, sent to prison and ordered to pay compensation to the victim’s family. The Government would be introducing a number of new provisions that would be defining torture and the matter of adhering to the Optional Protocol to the Covenant was under consideration by Moroccan authorities.

As to the registration of prisoners and those in police detention, the delegation said all persons in detention were registered on official lists at the places of detention and nobody could be held in detention unless the proper registration procedure had taken place. Detentions at the national level must be ordered by a judge and persons in police custody could not be held for a period longer than 48 hours subject to an extension of 24 hours. For reasons of State security, a person may be held for a period of up to 96 hours with one extension of an additional 96 hours. Persons being held in relation to terrorist crimes could be held for 96 hours and this period could be extended for two further periods of 96 hours each for additional investigation. Moreover, the Attorney General’s office carried out bi-weekly unannounced visits to oversee conditions of detention. The Office of Public Security also had a database listing all persons in detention in Morocco. Concerning access to a lawyer, the delegation said a lawyer might visit a detainee as soon as the custody went beyond the initial maximum period. The visit may be delayed for very serious offences, such as terrorism. If there was any suspicion of ill treatment of a prisoner, a judge could order a doctor to be brought in.

On the subject of overcrowding in prisons, the delegation acknowledged that the prison population in Morocco was held in overcrowded premises; there were some 57,000 prisoners currently in Morocco. Authorities had been seeking to alleviate this problem and to improve the situation. In response to this problem, the Government had made changes to laws governing prisons in line with human rights standards and two new prisons had been built. At the same time, the amnesty law had been increasingly invoked to alleviate this problem. This year alone over 5,400 prisoners had been released, for example. Moreover, seminars had been conducted on prison policies and thought had been given to alternative sentences.

Reacting to a follow-up question on the Equity and Reconciliation Commission, the delegation noted that the Commission handled cases of arbitrary detention and forced disappearances and drew a distinction between short-, long-term and indefinite disappearances. Compensation was granted to the victims in terms of the length of time the person was missing or in detention.

With regard to a follow up question on torture being practiced by police officers in Morocco, especially by the Direction Générale de la Surveillance du Territoire, the delegation noted that if there were signs of torture then judicial officers had to order a medical examination. Most of the time, these allegations were presented several months into the custody when it was difficult to determine or confirm any such allegations of torture. Any such allegations would be investigated and the results would be made public.

In response to a follow-up question, the head of the delegation reaffirmed that there were no longer political detainees in Morocco. Mr. Hilale added that the United Nations Human Rights Commission had not brought to the attention of the Government of Morocco information on any political prisoner currently in Morocco.

Right to Freedom of the Press

The Committee asked the delegation to provide information on the number of journalists sentenced to fines and prison terms, under the Press Code and the Anti-Terrorism Act, for publishing articles or expressing views which were deemed to be insulting to the royal family, which related to Western Sahara or which concerned terrorist groups. The delegation said there were cases involving journalists who were working in the western part of Morocco. In the first instance the journalist published an article entitled “The Battle of New York”. Another journalist was charged with withholding information from the police which could be used in their efforts to combat terrorism. Another journalist was prosecuted for slander against His Majesty. The crime of slander was provided for in the Press Code which allowed for imprisonment with a maximum sentence of five years. These sentences were handed down by the Court of First Instance in Rabat.

Other Issues

On the question of nationality, the delegation noted that the right to a nationality was guaranteed to every child born in Morocco. Any child born of either a Moroccan father or of a Moroccan mother and an unknown or stateless father had Moroccan nationality. Any child born in Morocco of unknown parents also had Moroccan nationality, the delegation added.

Concerning restrictions on associations, the delegation noted that given their status, judges could not be members of political parties or trade unions but could be members of public associations as guaranteed by the Constitution.

In response to a question posed by a member of the Committee, the delegation stated that there were no problems with people of the Bahai religion in Morocco since the Moroccan Constitution guaranteed the freedom of religion without limitations.

In response to a question on contractual debts, the delegation noted that enforcement by committal was governed by the Code of Criminal Procedure, and was applicable in the enforcement of fines and the payment of reparations, damages and costs. The new measures adopted as part of the reform of the procedure relating to enforcement by committal were fully in line with the provisions of article 11 of the Covenant, inasmuch as such enforcement was permitted only in the case of debtors who have been proved to be capable of settling their debt.

Concerning the ratification of the Optional Protocol to the Covenant, the delegation indicated that the Ministry of Human Rights had set up a technical committee to look into this question, adding that it was the political will of the Moroccan Government to ratify the Protocol; it was only a matter of time, the delegation added.

Preliminary Remarks

ABDELFATTAH AMOR, the Chairperson of the Committee, commended the delegation for having presented the report in a timely manner. The report had been greatly enriched by the intervention of the delegation which provided factual and beneficial data while demonstrating the wisdom and skill of its members.


Mr. Amor observed that the process of human rights in Morocco seemed to be ongoing and noted the many achievements made thus far by the Government. Among these achievements was the drafting of the new Family Code as well as the creation of an Ombudsman which had great significance since it was related to the idea of justice. While noting that the Moroccan authorities had taken seriously the implementation of the Covenant, the Chairperson referred to the decision taken by the Supreme Council which stipulated the observance by the Kingdom of ending any ambiguity regarding article 11 of the International Covenant on Civil and Political Rights; this decision further expressed the importance given to the provisions of the Covenant by Kingdom. Mr. Amor also highlighted the fact that Morocco had refrained from carrying out the death penalty and expressed hope that the State party would rescind the death penalty altogether.

Among areas of concern were the issues of the nationality of a child born to a Moroccan mother and a foreign father, the subject of domestic violence, and the laws and measures that had been adopted to protect the population from terrorism. While indicating that it was logical for every State to attempt to counter terrorism on its territory, Mr. Amor said combating terrorism should not compromise the protection of human rights. Other issues raised by the Chairperson addressed polygamy and the marriage of a Muslim woman to a non-Muslim. The Committee considered that polygamy undermined the integrity, dignity and pride of women.

In closing, Mr. Amor expressed the hope of the Committee that Morocco would continue in the process of implementing all the provisions of the Covenant.




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- 10 - HR/CT/04/16
26 October 2004

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Human Rights Committee HR/CT/04/16
26 October 2004


HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF MOROCCO


The Human Rights Committee has considered the fifth periodic report of Morocco on how that State party implements the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Omar Hilale, Permanent Representative of Morocco to the United Nations Office at Geneva, said his Government had been making efforts in institutional and legal terms to promote, defend and protect human rights to end the legacy of the past of forced disappearances and arbitrary detention. Since the 1990s, Morocco had undertaken broad reforms to harmonize legal provisions, in particular in terms of the administration of the prison system, the entry of foreigners into Morocco and the revision of the State’s Criminal Code.

In preliminary remarks, Committee Chairperson Abdelfattah Amor noted the ongoing process of human rights in Morocco which had been demonstrated by the Government’s many achievements thus far. Among these achievements was the drafting of the new Family Code as well as the creation of an Ombudsman. Mr. Amor also highlighted the fact that Morocco had refrained from carrying out the death penalty and expressed hope that the State party would rescind the death penalty altogether. Among the areas of concern highlighted by the Chairperson were the issues of the nationality of a child born to a Moroccan mother and a foreign father, the subject of domestic violence, and the laws and measures that had been adopted to protect the population from terrorism.

Other Committee Experts raised questions on subjects pertaining, among other things, to the revised Family Code and gender equality, prisoner detention and prison conditions, the State party’s counter-terrorism measures, and the new anti-terrorism law of 2003.

The Committee will issue its formal, written concluding observations and recommendations on the report of Morocco towards the end of its session which will conclude on 5 November.

Also representing Morocco were representatives of the country’s General Directorate of Interior Affairs, the Ministry of Justice, and the Permanent Mission of Morocco to the United Nations Office at Geneva.

Morocco is among the 153 States parties to the Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m. on Wednesday, 27 October, it will begin its consideration of the fifth periodic report of Poland (CCPR/C/POL/2004/5).

Report of Morocco

The fifth periodic report of Morocco (CCPR/C/MAR/2004/5) notes the establishment of the Equity and Reconciliation Commission, following a recommendation by the Consultative Council on Human Rights that was endorsed by King Mohammed VI. The Commission has the task of providing fair compensation to enable victims of forced disappearances and arbitrary detention to be rehabilitated and reintegrated into society, while continuing with its investigations into disappearances. Among other things, the Commission is seeking the truth on forced disappearances and arbitrary detention and is trying to find extrajudicial solutions in cases of human rights violations.

The report underscores that the civil and political rights set forth in the International Covenant on Civil and Political Rights are embodied in numerous constitutional provisions, among them articles establishing the equality of all Moroccans before the law; guaranteeing freedom of worship; establishing equality between men and women in the exercise of their civil, political and trade-union freedoms and rights; protecting the right to life; and guaranteeing the right to own property and freedom of enterprise, without any discrimination.

To mark the establishment of the Equity and Reconciliation Commission, in January 2004, a royal pardon was granted to 33 prisoners, including 28 political prisoners, among whom there were Islamic extremists, political opponents and journalists. Thus, according to the international criteria for defining a political prisoner, there are no longer any political prisoners in Morocco. The report also refers to the adoption of the Family Code at the beginning of this year which, among other things, will guarantee respect for the rights of women and children, and benefit the stability of the family unit. There has also been significant improvement in women’s representation in politics, the report states.

Among other measures instituted by the Government of Morocco are the reform of the Code on Public Freedoms, the adoption of new prison legislation, the reform of the Code on Criminal Procedure, the adoption of a new law governing the entry to and stay in Morocco of aliens, as well as an anti- terrorism law. The new Code on Criminal Procedure, as supplemented and amended by the Government’s Act of 2003 on combating terrorism, provides further safeguards in respect of the conduct of fact-finding inquiries and investigations.

Presentation of Report

OMAR HILALE, Permanent Representative of Morocco to the United Nations Office at Geneva, said Morocco had set up a policy of participation and involvement of all in society, including in their access to the justice system. The commitment of the Government to human rights had been demonstrated in the elections of 2002 in Morocco which, among other things, had enhanced the credibility of Parliament. Since these elections, the Government had continued in its efforts to build on the rule of law. The head of the delegation noted that the Government had decided to lower the voting age from 20 to 18 which had enabled the youth of Morocco to become increasingly involved in the Government’s project of building a modern and democratic society.

Mr. Hilale said the Government had been making efforts in institutional and legal terms to promote, defend and protect human rights to end the legacy of the past of forced disappearances and arbitrary detention. These efforts had taken concrete form in a number of legislative reforms in terms of civil and political rights, as well as economic, social and cultural rights. Since the 1990s, Morocco had taken broad reforms to harmonize legal provisions, in particular in terms of the administration of the prison system, the entry of foreigners into Morocco, and in the revision of the State’s Criminal Code. The improvement of the prison system had also been a priority of the Government.

The new Code of the Family was an example of the Government’s overall political strategy and commitment to building a democratic society while upholding equality between men and women. The new Code had put an end to the inequalities between men and women and protected women and children, in particular. Among other things, it had set the new age of marriage at 18 and had made polygamy virtually impossible in Morocco. The State’s Code of Public Freedoms of 1958 had been recently revised with amendments allowing for the simplification of administrative procedures and guaranteeing the transparency and reinforcement of the judiciary.

In addition to these reforms, certain institutional provisions had been undertaken by the Consultative Council on Human Rights, such as the setting up of the Office of an Ombudsman. The Council had presented a report to the Ombudsman which drew attention to the situation in prisons, the overall promotion of human rights, and violations in connection with the State’s fight against terrorism. In response, the Government had ordered an investigation into allegations of torture submitted to it by the Council. It had also submitted a preliminary bill criminalizing torture and had appointed a high-level committee to interact with the Council. The Ombudsman sought to serve as an effective instrument to service citizens in terms of reconciliation and compensation and to hear grievances as well as to remedy those whose rights had been violated. The Ombudsman had also been proactive in encouraging reform in the administrative of justice and addressed the rights of Moroccan nationals residing abroad.

The Independent Arbitration Commission, under the auspices of the Consultative Council on Human Rights, was responsible for compensation for victims of forced disappearances and arbitrary detention. The Commission, which also dealt with equity and reconciliation, entered into force by the decision of the King shortly after his accession to the throne and had handed down over 4,000 judgments. The Equity and Reconciliation Commission was also a Government institution which was part of the overall goal of the Government to put an end to violations of human rights in Morocco. The establishment of this Commission in 2003 expressed another commitment of the Government to settling cases of these violations and continued to investigate unresolved cases.

Mr. Hilale said human rights education for all persons in Morocco was a priority of the Government which had set up a centre for document distribution and training in the area of human rights; the centre was run in cooperation with the Consultative Council on Human Rights and the United Nations Development Programme.

Mr. Hilale referred to the terrorist acts in Casablanca in May 2003 which had violated the right to life and had led the Government to submit an anti-terrorist bill in order to provide legislation in this area. The bill, which had been discussed by a number of non-governmental organizations in Morocco, elucidated Morocco’s commitment to upholding human rights and basic freedoms. In a public speech in Casablanca following the attacks, King Mohammed VI said: “Terrorism will not be accepted and Morocco will remain loyal in its international commitments.”

In conclusion, Mr. Hilale said Moroccan authorities had been making every effort to ensure respect for all human rights in its territory. The Moroccan authorities were determined to intensify their efforts to build a democratic and modern society and to expand on the progress already achieved.

Questions from Committee Members

A member of the Committee said the report was a clear demonstration of the Moroccan Government’s efforts to make its society more modern and democratic. He asked how the measures taken by the Government had been implemented on the ground and whether they had proved effective. He also requested clarification on the Family Code, asking whether there would be new family courts, and the results of gender equality steps taken. Other questions dealt with nationality, the Office of the Ombudsman, the death penalty in Morocco, the powers of the Supreme Court and administrative courts.

Other Committee members raised questions pertaining to restrictions on polygamy, inheritance rights, prison conditions, and police abuse. A member of the Committee asked specifically how many Moroccan prisoners were currently in Guantanamo and for what charges. Several members asked questions related to the State’s counter-terrorism measures and its anti-terrorism law of 2003.

Delegation's Responses to Questions

Western Sahara

The Committee, in a written question, asked the delegation to indicate development and progress made in relation to the organization of the referendum on the question of self-determination in Western Sahara. In response, the delegation said that ever since the adoption of the settlement plan in 1991, Morocco had been demonstrating its ongoing cooperation without reservation with a view to carrying out a referendum in the Moroccan Sahara. The delegation noted that there had been obstacles presented by the Polisario which had resulted in the exclusion of hundreds of thousands of Sahrawis. After recognizing that it had not been possible to implement the settlement plan, the Secretary-General of the United Nations and his Personal Envoy, James Baker, had presented a framework agreement in June 2001 urging all interested parties to accept it as a compromise solution. Morocco had accepted to negotiate on the framework agreement on the condition that it provided a substantial delegation of power. The delegation noted that Algeria and the Polisario had refused to negotiate in the proposed agreement and Algeria had submitted its own sharing plan which was rejected by Morocco for judicial and political reasons.

Given the refusal of the Security Council to choose between the different options presented to it, Mr. Baker had proposed a new peace plan in January 2003, without consultations beforehand. In the plan, he had attempted to combine the two irreconcilable approaches. Finally, the Security Council, in a resolution of July 2003, had re-established the natural order of things by highlighting the necessity of the parties to agree before the Security Council endorsed any new proposition. The delegation added that last week a large majority of the international community had abstained on a draft resolution presented by Algeria and put forth at the Fourth Committee of the General Assembly. The Secretary-General had proposed the extension of the United Nations Mission in Western Sahara (MINURSO) until 30 April 2005. The King of Morocco, before the fifty-ninth session of the General Assembly, had stated that Morocco was ready to cooperate with the United Nations and all the concerned parties to find a political solution, which would be negotiated and definitive in the framework of international law; a solution which would guarantee the sovereignty and national unity and territorial integrity of the Kingdom and would allow the inhabitants of the south province to manage their own regional affairs. Morocco had been cooperating with the United Nations and had given support to the Secretary-General to close this chapter in a fair and equitable manner.

Asked how rights were afforded in the region of Western Sahara, the delegation said the principle of equality came into effect in the Moroccan Sahara just as it was applied in other parts of Morocco and the judicial guarantees in this region were identical to those in all of Morocco. There were no specific differences in the exercise of these rights in Morocco. The delegation added that there were courts in the region of the Moroccan Sahara that were exactly the same as courts in other parts of the Kingdom and which applied the same principles of equality as outlined in the Covenant, which was applied in the same manner in all courts throughout the country. A court of appeal and administrative courts also existed in the Moroccan Sahara.

In response to reports of harassment and intimidation of a number of Saharan members of civil society who were viewed as supporters of independence for Western Sahara, the delegation recalled the case of a Saharan person who was granted a pardon from the King who in turn refused to be released since he claimed he was not a Moroccan national and therefore could not receive a pardon from the King. The delegation added that this person in question was not from the region of Morocco referred to by the United Nations as Western Sahara.

Human Rights and the Judiciary

Asked to comment on the functioning of the Consultative Council on Human Rights, the delegation emphasized that it was independent of the powers of the Government. The Council was directly answerable to the King and took up matters of serious violations of human rights as deemed appropriate by the King.

On a question on whether Moroccan courts had the right to override or annul laws based on the International Covenant on Civil and Political Rights, the delegation said the Covenant prevailed over national law in matters regarding international relations. The Supreme Court of Morocco stated that it was possible to give effect to the Covenant guaranteeing everyone certain rights and there was also subsequent legislation which expressed that it was possible to give effect to international conventions ratified by Morocco. According to Moroccan legislation, the courts handed down sanctions where there were failures to respect the principles of the Covenant. Morocco adhered to the implementation of the provisions of all international conventions at the domestic level which were considered to be binding. Currently this principle was embodied in Moroccan legislation.

Gender Equality

In response to a question on the new Family Code, the delegation noted that the Code, which came into force in February this year, had had a direct effect on life in Morocco and had been adopted in keeping with the traditions of Moroccan society. The new feature of the Code was that it allowed for a broadening of modern society and at the same time sought to guarantee the stability of the family and ensure and protect rights of women and children to ensure the international values and principles governing Morocco. The scope of the provisions had been extended to limit polygamy and encourage reconciliation between spouses to avoid the dissolution of the marriage. There had also been the training of judges and court official dealing with family justice. The Government aimed to remove any obstacles to preserving the prosperity of the Moroccan family. In order to invoke the law, the Government had been preparing the people of Morocco psychologically. In response to a follow-up question, the delegation said the Family Courts were not independent courts but special branches within the court system in Morocco. The Family Courts comprised of expert judges dealing in such matters.

In terms of polygamy, the delegation noted that polygamy was an Islamic tradition and in Morocco it could not be considered as a means of undermining the dignity of women. This was a cultural particularity of Muslim women. The law did not prohibit polygamy but sought to limit cases of polygamy and was subject to the consent of both spouses and a judge.

Concerning gender equality, the delegation said women in Morocco had all the rights as laid out in the International Covenant on Civil and Political Rights and the State had called for the development of women as per its policy. Women had been taking up new posts in political life in Morocco and new reforms calling for greater opportunities for women and for the general equality between men and women had been upheld in the country. Despite these efforts, the delegation added, women in Morocco were still faced with impediments to achieving the full realization of their rights and the Government had re-dedicated its commitment to further social reforms to ensure balance between women and men. It had been increasing its efforts in the areas of education and literacy for women and sought to achieve increased school attendance rates for women. The delegation added that illiteracy mainly affected women, particularly in rural areas. The Government had set up a secretariat for illiteracy to improve literacy rates. It was especially geared towards women. As per a review of the Electoral Code, some 30 women were elected to public positions and women now made up some 11 per cent of these positions in Morocco. The draft law on political parties encouraged the promotion of women to political and decision-making positions as well.

On the subject of domestic violence, the delegation noted that efforts had been ongoing by the Government in this regard and an important amendment had been introduced in the Penal Code which aimed to ensure the protection and equality for women and prohibited discrimination in the courts. As for prohibition of discrimination, when a violent act was committed against a woman the legislation was harsh. In general, Moroccan legislation provided greater protection to women and their easier access to legal remedies.

Rule of Law and Terrorism

In response to a specific question on the state of emergency in Morocco, the delegation affirmed that any state of emergency in Morocco could not lead to the dissolution of Parliament.

With regard to the death penalty, the delegation said capital punishment continued to be present in Moroccan law for the most heinous crimes. Last year there was a review of the State’s position on the death penalty in the context of the new law on counter-terrorism. The delegation added that the last time a person was executed in Morocco was in 1993. The Ministry of Justice was currently preparing a seminar on the State’s penal policy and one of the subjects to be studied was the removal of capital punishment. The number of persons sentenced to death was over 300, but in fact none of these sentences had been carried and many had been commuted to an amnesty; there were some 145 cases pending.

Asked to comment on the Direction Générale de la Surveillance du Territoire, the delegation noted that it was responsible for investigating and preventing any terrorist activities and was essentially an information-gathering body. It did not function as the judicial police but might be called upon by the judicial police to provide additional information.

With regard to the State’s counter terrorism law, the delegation said the law was based on the foundations of French legislation which included the definition of the crime of terrorism. A crime of murder carried the punishment of life imprisonment, but terrorism offences called for capital punishment. The delegation added that the law had been drawn up before the attack last year and it was incorrect to say that the law came as a result of the events of 16 May 2003. The law did not allow for derogation in cases of custody and search and seizure, among other things. In short, the law was very much in keeping with the international commitments of Morocco. The law required that the crime must be a terrorist-motivated act and of a nature intended to undermine public order.

In response to a question posed on Moroccan prisoners in Guantanamo, the delegation said there were five Moroccan citizens who had been detained at Guantanamo after having been accused of a number of violations by the United States authorities; they had been the subjects of refoulment. These were not just any Moroccans, the delegation added; one of the accused was the bodyguard of Osama Bin Laden. These people had information which was useful to the Moroccan authorities and when they returned to Morocco a press release was issued indicating that they had been returned and had been handed over to the Judiciary Police so as to conduct an investigation with them and to determine any connection they had to Al Qaeda. Moreover, these five people were brought before the prosecutor of the Rabat Court of Appeals and were handed over to the Counter-Terrorism Examination Magistrate. The delegation emphasized that the Moroccan authorities could not prevent any Moroccan citizen from returning to their own country regardless of the circumstances or the causes. Some were prosecuted for having taken part in an international terrorist network and others were charged with supporting international terrorism.

On a similar note, a Committee member asked for information on the fate of the Moroccans who had been extradited to Pakistan and Syria. The delegation reaffirmed that no Moroccan national had been expelled from or sent to Pakistan or Syria. Another member of the delegation said after the events of 11 September he was not aware of any Moroccan being extradited to either of those countries or subjected to refoulment.

Asked to indicate the remedies available to persons who faced the risk of being forced to leave Morocco on the grounds that they presented a threat to the security of the State or to public order, or on grounds of terrorism, the delegation affirmed that any one could appeal against such decisions and there were several different remedies.

In reaction to a follow up question posed by the Committee on the case of two individuals reported to be on death row for political reasons, the delegation reaffirmed that there were no political detainees in Morocco. The two people in question, who were part of the subversive “71 Group”, were condemned in 1984 to death for a plot to overthrow the regime although their sentences had not been confirmed. In 1988, one of the two prisoners, Ahmad Sheid, started a prison riot and killed a prison guard. His death penalty was afterwards confirmed, but not for the crime of plotting an overthrow of the regime, but for having killed the prison guard. As of 1994 there were no detainees from the “71 Group” expect for Ahmed Sheid and his accomplice in the 1984 plot, who also took part in the 1988 killing of the prison guard. The delegation emphasized that these two people were in prison not for political reason but for having killed the prison guard. Moreover, these two individuals were not on any list from non-governmental organizations or elsewhere of political prisoners.

As per the new Criminal Procedure Code, any arresting officer must provide information on the date and time of arrest and must notify the family of the arrested person immediately. Moreover, the General Prosecutor must have information on all persons held in pre-trial custody.

In response to a question on the expulsion of aliens, the delegation said aliens may be expelled from Morocco for failure to comply with the legal requirements governing aliens’ entry and residence, or if they represented a serious threat to public order. As per Moroccan law, no limit was set to a period of expulsion if the conviction arose from an offence involving terrorism, immorality or narcotics. Moreover, aliens may not be deported to a country where they can demonstrate that their life or liberty would be at risk or that they would be subject to inhuman, cruel or degrading treatment. Under the law, aliens subjected to a deportation order had the right to apply, within 48 hours, to the president of the administrative tribunal for the order to be rescinded. It was impossible to expel any person if they had resided in Morocco for more than ten years, if they were married to a Moroccan, or if they were a parent of a Moroccan child.

Right to be Free from Torture and Conditions of Detention

Concerning reported deaths of persons in detention, the delegation said the law in Morocco had been intensified in order to provide more protection in and supervise places of detention. The District Attorney's Office had also carried out nearly 600 surprise visits to places of detention. Whenever there was a death in a detention facility the authorities investigated the cause of death. Currently, the Moroccan authorities were investigating five cases of suspicious cause of death which had occurred in places of detention. In one instance police officers were found guilty, sent to prison and ordered to pay compensation to the victim’s family. The Government would be introducing a number of new provisions that would be defining torture and the matter of adhering to the Optional Protocol to the Covenant was under consideration by Moroccan authorities.

As to the registration of prisoners and those in police detention, the delegation said all persons in detention were registered on official lists at the places of detention and nobody could be held in detention unless the proper registration procedure had taken place. Detentions at the national level must be ordered by a judge and persons in police custody could not be held for a period longer than 48 hours subject to an extension of 24 hours. For reasons of State security, a person may be held for a period of up to 96 hours with one extension of an additional 96 hours. Persons being held in relation to terrorist crimes could be held for 96 hours and this period could be extended for two further periods of 96 hours each for additional investigation. Moreover, the Attorney General’s office carried out bi-weekly unannounced visits to oversee conditions of detention. The Office of Public Security also had a database listing all persons in detention in Morocco. Concerning access to a lawyer, the delegation said a lawyer might visit a detainee as soon as the custody went beyond the initial maximum period. The visit may be delayed for very serious offences, such as terrorism. If there was any suspicion of ill treatment of a prisoner, a judge could order a doctor to be brought in.

On the subject of overcrowding in prisons, the delegation acknowledged that the prison population in Morocco was held in overcrowded premises; there were some 57,000 prisoners currently in Morocco. Authorities had been seeking to alleviate this problem and to improve the situation. In response to this problem, the Government had made changes to laws governing prisons in line with human rights standards and two new prisons had been built. At the same time, the amnesty law had been increasingly invoked to alleviate this problem. This year alone over 5,400 prisoners had been released, for example. Moreover, seminars had been conducted on prison policies and thought had been given to alternative sentences.

Reacting to a follow-up question on the Equity and Reconciliation Commission, the delegation noted that the Commission handled cases of arbitrary detention and forced disappearances and drew a distinction between short-, long-term and indefinite disappearances. Compensation was granted to the victims in terms of the length of time the person was missing or in detention.

With regard to a follow up question on torture being practiced by police officers in Morocco, especially by the Direction Générale de la Surveillance du Territoire, the delegation noted that if there were signs of torture then judicial officers had to order a medical examination. Most of the time, these allegations were presented several months into the custody when it was difficult to determine or confirm any such allegations of torture. Any such allegations would be investigated and the results would be made public.

In response to a follow-up question, the head of the delegation reaffirmed that there were no longer political detainees in Morocco. Mr. Hilale added that the United Nations Human Rights Commission had not brought to the attention of the Government of Morocco information on any political prisoner currently in Morocco.

Right to Freedom of the Press

The Committee asked the delegation to provide information on the number of journalists sentenced to fines and prison terms, under the Press Code and the Anti-Terrorism Act, for publishing articles or expressing views which were deemed to be insulting to the royal family, which related to Western Sahara or which concerned terrorist groups. The delegation said there were cases involving journalists who were working in the western part of Morocco. In the first instance the journalist published an article entitled “The Battle of New York”. Another journalist was charged with withholding information from the police which could be used in their efforts to combat terrorism. Another journalist was prosecuted for slander against His Majesty. The crime of slander was provided for in the Press Code which allowed for imprisonment with a maximum sentence of five years. These sentences were handed down by the Court of First Instance in Rabat.

Other Issues

On the question of nationality, the delegation noted that the right to a nationality was guaranteed to every child born in Morocco. Any child born of either a Moroccan father or of a Moroccan mother and an unknown or stateless father had Moroccan nationality. Any child born in Morocco of unknown parents also had Moroccan nationality, the delegation added.

Concerning restrictions on associations, the delegation noted that given their status, judges could not be members of political parties or trade unions but could be members of public associations as guaranteed by the Constitution.

In response to a question posed by a member of the Committee, the delegation stated that there were no problems with people of the Bahai religion in Morocco since the Moroccan Constitution guaranteed the freedom of religion without limitations.

In response to a question on contractual debts, the delegation noted that enforcement by committal was governed by the Code of Criminal Procedure, and was applicable in the enforcement of fines and the payment of reparations, damages and costs. The new measures adopted as part of the reform of the procedure relating to enforcement by committal were fully in line with the provisions of article 11 of the Covenant, inasmuch as such enforcement was permitted only in the case of debtors who have been proved to be capable of settling their debt.

Concerning the ratification of the Optional Protocol to the Covenant, the delegation indicated that the Ministry of Human Rights had set up a technical committee to look into this question, adding that it was the political will of the Moroccan Government to ratify the Protocol; it was only a matter of time, the delegation added.

Preliminary Remarks

ABDELFATTAH AMOR, the Chairperson of the Committee, commended the delegation for having presented the report in a timely manner. The report had been greatly enriched by the intervention of the delegation which provided factual and beneficial data while demonstrating the wisdom and skill of its members.


Mr. Amor observed that the process of human rights in Morocco seemed to be ongoing and noted the many achievements made thus far by the Government. Among these achievements was the drafting of the new Family Code as well as the creation of an Ombudsman which had great significance since it was related to the idea of justice. While noting that the Moroccan authorities had taken seriously the implementation of the Covenant, the Chairperson referred to the decision taken by the Supreme Council which stipulated the observance by the Kingdom of ending any ambiguity regarding article 11 of the International Covenant on Civil and Political Rights; this decision further expressed the importance given to the provisions of the Covenant by Kingdom. Mr. Amor also highlighted the fact that Morocco had refrained from carrying out the death penalty and expressed hope that the State party would rescind the death penalty altogether.

Among areas of concern were the issues of the nationality of a child born to a Moroccan mother and a foreign father, the subject of domestic violence, and the laws and measures that had been adopted to protect the population from terrorism. While indicating that it was logical for every State to attempt to counter terrorism on its territory, Mr. Amor said combating terrorism should not compromise the protection of human rights. Other issues raised by the Chairperson addressed polygamy and the marriage of a Muslim woman to a non-Muslim. The Committee considered that polygamy undermined the integrity, dignity and pride of women.

In closing, Mr. Amor expressed the hope of the Committee that Morocco would continue in the process of implementing all the provisions of the Covenant.


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