Human Rights Committee

Concluding observations on the sixth periodic report of Morocco *

1.The Committee considered the sixth periodic report of Morocco (CCPR/C/MAR/6) at its 3319th and 3320th meetings (CCPR/C/SR.3319 and 3320), held on 24 and 25 October 2016. At its 3333rd meeting, held on 2 November 2016, it adopted the following concluding observations.

A.Introduction

2.The Committee welcomes the submission of the sixth periodic report of Morocco, albeit seven years late, and the information contained therein. It expresses appreciation for the opportunity to engage in constructive dialogue with the State party’s high-level delegation on the measures taken by the State party to implement the provisions of the Covenant. It thanks the State party for its written replies (CCPR/C/MAR/Q/6/Add.1) to the list of issues (CCPR/C/MAR/Q/6), which were supplemented by the delegation’s oral replies during the dialogue and the additional information provided in writing.

B.Positive aspects

3.The Committee welcomes the legislative and institutional measures taken by the State party, notably:

(a)Adoption of a new Constitution in 2011, which strengthens democratic institutions and the status of human rights in the domestic legal system;

(b)Process of reform of the judiciary begun in 2011;

(c)Adoption of Act No. 108-13 in 2014 limiting the jurisdiction of military courts to military offences and offences committed in time of war;

(d)Adoption in June 2016 of the law on domestic workers, which prohibits domestic work for persons under 16 years of age;

(e)Adoption of framework law No. 97.13 on the protection and promotion of the rights of persons with disabilities in May 2016;

(f)Amendment of the Nationality Code in 2007, which now allows Moroccan women in most cases to transmit their nationality to their children regardless of the nationality of the father;

(g)New migration policy, adopted in September 2013, and one-off regularization process for migrants in an irregular situation that followed and the efforts made to improve their living conditions and facilitate their integration.

4.The Committee welcomes the State party’s ratification of or accession to the following international human rights instruments:

(a)International Convention for the Protection of all Persons from Enforced Disappearance, in 2013;

(b)Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2009;

(c)Optional Protocol to the Convention against Torture, in 2014.

C.Principal areas of concern and recommendations

Constitutional and legislative framework

5.The Committee welcomes the commitment of Morocco to harmonize its national legislation with ratified international treaties and to accede to the first Optional Protocol to the Covenant. It notes that the provisions of the Covenant can be invoked before the courts and regrets that they have only rarely been invoked or applied by the courts (art. 2).

6. The State party should continue its efforts to raise awareness among judges, lawyers, prosecutors and other persons involved in the administration of justice about the provisions of the Covenant so that these can be taken into account before and by the national courts. The State party should also expedite the process of legislative reform to ensure full compliance of domestic laws with duly ratified international treaties and complete, as soon as possible, the process of accession to the first Optional Protocol to the Covenant, which provides for the consideration of individual communications.

State of emergency

7.The Committee welcomes the inclusion in article 59 of the Constitution of the principle of non-derogation of basic rights and freedoms in a state of emergency. However, it notes with concern that this provision does not establish specific substantive and procedural guarantees as set out in article 4 (1 and 3) of the Covenant and does not guarantee a clear prohibition against the suspension during this time of all the rights set out in article 4 (2).

8. The Committee recalls its general comment No. 29 (2001) on derogations from the Covenant during a state of emergency and requests the State party to develop legislation containing clear provisions on states of emergency so that the rights protected under article 4 (2) of the Covenant may not be suspended under any circumstances and to ensure that the requirements of a derogation are consistent with the Covenant.

Right to self-determination

9.The Committee takes note of the Moroccan initiative for engaging in negotiations on autonomy for the Western Sahara region and the additional information provided by the State party but remains concerned about: (a) the limited progress made in dealing with the issue of the self-determination of the people of Western Sahara; (b) reports that the State party is not taking all necessary measures to consult the people of Western Sahara about the development of the natural resources of the Western Sahara; and (c) the presence of the sand wall, also known as the “berm”, which limits the freedom of movement of the people of Western Sahara given the very few crossing points that are open to civilians and the presence of landmines and other explosive remnants of war along the berm that endanger the lives a