12 June 2008

Morocco UPR before the Human Rights Council: When the essentials are hidden

Alkarama for Human Rights, June 12, 2008

The current session of the Human Rights Council is dedicated to the adoption of the final reports of the Universal Periodic Review (UPR) of the countries examined in April and May 2008. Alkarama expressed in its report many concerns. The plenary devoted to the final report of Morocco took place on June 9, 2008. Alkarama and the Arab Commission of Human Rights gave a short speech reproduced below.

While the participation of NGOs in the review process is marginal, some states like Egypt or Pakistan, want to limit their contribution to the approval of recommendations made by States. But theses recommendations, in the case of Morocco, are distinguished mainly by their indulgence vis-à-vis the actions of the Kingdom and the omission of key aspects relating to respect for human rights.

Thus the final report which incorporates the interventions of State representatives expressed at the session of 8 April 2008, as well as the recommendations of the latter, does not address serious violations of human rights regularly denounced by many NGOs.

It is true that Morocco has introduced from the 1990’s political reforms and pledged to respect human rights and public freedoms more. But since the attacks of May 16, 2003 and on behalf of the fight against terrorism, a sharp decline has been recorded. Among the items raised:

  • Thousands of people were arbitrarily arrested, tortured and imprisoned after unfair trials;
  • Torture is widely practised in detention centres controlled by the DST (Direction de la Surveillance du Territoire), internal intelligence services, but also in the detention centres;
  • Moroccan security services "outsourced" torture to their partners in the fight against terrorism;
  • Freedom of expression, assembly and association have once again suffered severe restrictions. Many people have been arrested and convicted for having peacefully expressed their opinions;
  • Many refugees and migrants have been abused and asylum-seekers and recognized refugees have been deported under inhumane and degrading conditions. There is also the issue of Morocco's role as a country of transit migration to Europe;
  • Repression in Western Sahara and persecution of Sahrawi activists have not ceased.

These serious violations of human rights have not been addressed by representatives of States which have been content to recommend to the Moroccan authorities to subscribe to certain international conventions, improve the situation in prisons, consolidate the culture of human rights and implement the recommendations of the Equity and Reconciliation Commission.

Regarding the two recommendations on the ratification of the Rome Statute and the granting of a standing invitation to holders of Special Procedures mandates of the UN, Morocco expresses reservations while promising to consider them.

The Universal Periodic Review has shown its limits as it can be dictated by the interests of States: important issues such as the fight against terrorism, migration policy, or the conflict of Western Sahara, have been addressed by no member of the Board. As for civil society, although invited to participate actively in UPR, some of its representatives were forbidden to speak when they raised topics of concern.

Alkarama regrets that the results of this mechanism are not up to the challenge and hopes that due to the new nature of such proceedings, appropriate adjustments will take into account more meaningfully the concerns of NGOs on the protection of human rights.


Joint oral intervention of Alkarama and the Arab Commission of Human Rights at the plenary on June 9, 2008

We regret not having had the floor during the previous session, due to the strategy of infiltration of purely governmental Tunisian NGOs.

Morocco has undertaken in the late 1990's democratic reforms along the lines of respect for human rights. But in the wake of the May 16, 2003 attacks in Casablanca and under the motive of the fight against terrorism, thousands of people were arbitrarily arrested, tortured and imprisoned after unfair trials. The new 2003 law on the fight against terrorism includes some measures which violate the principles established by international conventions ratified by Morocco.

Torture which tended to disappear in early 2000 to the satisfaction of civil society has unfortunately re-emerged with force and particularly in detention centres controlled by the DST (Direction de la Surveillance du Territoire), the internal intelligence services.

A problem which also arouses serious concern is that the security services have "outsourced" torture to their partners in the fight against terrorism.

The freedoms of expression and assembly and association have once again suffered severe restrictions. Many people have been arrested and convicted for having peacefully expressed their opinions.

The treatment meted out to many refugees and migrants is another concern, especially regarding deportation in inhuman and degrading conditions of asylum seekers or recognized refugees.

If today we acknowledge the will of Morocco to turn the page of the dark years, we call it does so in an irreversible manner and to translate this political will into concrete reality.

Regarding the UPR, we simply express the hope that official speeches heard in this room are also heard in places of detention.

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015