TREATY PRACTICE IN THE FIELD OF HUMAN RIGHTS: IMPORTANT ACHIEVEMENTS AND OPEN CHALLENGES

Morocco continued in 2009 its gradual adherence to the international human rights system, but keeps its reservations and still doesn’t ratify a number of conventions and protocols.

Adherence to the international system and strengthening of the treaty practice

Morocco goes on with its gradual adherence to the international human rights system. It has ratified several conventions, namely the Convention on the Rights of Persons with Disabilities and its Optional Protocol (April 8, 2009), C150 Labour Administration Convention (April 3, 2009), C154 Collective Bargaining Convention (April 3, 2009). In addition to these conventions, it was decided to ratify several human rights related conventions, such as Arab Convention No. 18 (1996) concerning the Employment of Minors, Arab Labour Convention No. 19 (1998 ) Concerning Labour Inspection, Convention No. 17 (1993) concerning the Rehabilitation and Employment of the Handicapped, Arab Convention No. 87 concerning Freedom of Association (March 1977), Convention 151 concerning Protection of the Right to Organise and Procedures for Determining Conditions of Employment in the Public Service (International Labour Organization), WIPO Copyright Treaty as adopted by the Diplomatic Conference on 20 December 1996 (World Intellectual Property Organization), UNESCO Convention on the Protection of the Underwater Cultural Heritage and the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict (the Hague, March 26, 1999).

Besides, Morocco has ratified the amendment to article 20, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women. The country has also adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and ratified Convention No. 17 (1993) concerning the Rehabilitation and Employment of the Handicapped and Arab Convention No. 8 on the rights and freedoms of association. Morocco published (in the Official Gazette - November 2009) the Vienna Convention for the Protection of the Ozone Layer, signed in Vienna on March 22, 1985 and the International Treaty on Plant Genetic Resources for Food And Agriculture, signed in Rome on November 27, 2001.

Morocco also approved, in principle, its adherence to the Protocol of 2003 supplementing the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1992, in addition to the ratification of the International Convention against Doping in Sport. It ratified as well as the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the creation of the National Office for Food Safety (ONSSA), within the framework of the harmonization of national laws with related international conventions, an initiative that would strengthen the Moroccan legal framework for the protection of consumer. Morocco has also issued the Statute of nurseries under law # 40.04. Strengthening the protection of children requires the provision of spaces necessary for the sound upbringing.

On the other hand, Morocco is committed under the main human rights conventions it ratified to submit periodic reports to the human rights treaty bodies. In 2009 it submitted its 17 and 18 reports on the implementation of the Convention on the Elimination of All Forms of Racial Discrimination against women, which were discussed in 2010. The fourth report on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was also submitted in 2009. It is expected to be discussed by the competent body in 2011.

Still not ratified

Morocco has not yet ratified a number of conventions and optional protocols. The Kingdom is yet to ratify the International Convention for the Protection of Persons from All Forms of Enforced Disappearance (signed on February 6, 2007) and the two Protocols Additional to the four Geneva Conventions for the protection of victims of armed conflicts (signed on 12 August 1949): Protocol I relative to the protection of victims of international armed conflicts and Protocol II relative to the protection of victims of non-international armed conflicts (Morocco signed the two protocols on December 12, 1977, but has not ratified them yet). Morocco has not signed yet Protocol III (additional to Geneva Conventions) relating to the adoption of an Additional Distinctive Emblem, which entered into force on January 14, 2007 after it was adopted in December 8, 2005, and the Additional Protocols to the International Covenant on Civil and Political Rights and the Statute of the International Criminal Court (Morocco signed it on September 8, 2000, but has not ratified it yet) and the Optional Protocol to the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which was recently adopted. In addition, the Kingdom is yet to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Moreover, Morocco does not accept the competence of some human rights treaty bodies regarding the consideration of complaints submitted by individuals. It has not ratified yet C87 Freedom of Association and Protection of the Right to Organize Convention, C102 Social Security (Minimum Standards) Convention and C. 118 Equality of Treatment (Social Security) Convention.

Morocco did not withdraw in 2009 any reservations in respect of the conventions it ratified. It keeps its reservations on article 41 of the International Covenant on Civil and Political Rights (Morocco doesn’t recognize the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under Covenant) and article 30 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in relation to international arbitration on any dispute between States Parties associated with the interpretation of the Convention. Morocco still keeps its reservations on the first paragraph of article 92 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 22 of the Convention on the Elimination of all Forms of Racial Discrimination (Morocco does not recognize the competence of the International Court of Justice to consider disputes concerning the interpretation of the Convention.

Treaty practice in Morocco: need to strengthen governmental coordination and involvement of civil society

Morocco has made unremitting efforts to promote treaty practice and complete its adherence to the international system. Still, there are some observations concerning this practice. Morocco is a little bit slow when it comes to the implementation of the decisions taken with regard to the adherence of the Kingdom to the international human rights conventions. There is no clear methodology on how to prepare periodic reports in accordance with the guidelines and general recommendations issued by the human rights treaty bodies and lack of coordination between government sectors which are not involved in all preparation stages of these reports. In addition, the Advisory Council on Human Rights is given no reasonable time to give its opinion on the draft reports prior to their submission to the relevant bodies. Not to mention the weak involvement of civil society and the weak follow-up to the implementation of the observations and recommendations of international bodies, especially those issued by the UN human rights treaty bodies after their examination of Morocco’s national reports.

Furthermore, there is no strong participation in the international forums and activities related to human rights, a weak representation of the Kingdom in the international human rights committees and bodies and a shortage at the level of the follow-up of the international human rights NGOs’ reports.

Call for more efforts to harmonize national legislation with international human rights standards

In order to promote treaty practice in Morocco, the Advisory Council on Human Rights recommends the following:

- continue the process of adherence to the international human rights law;

- ratify United Nations human rights conventions and Protocols that have not been ratified yet by Morocco;

- Take actions and measures necessary to give effect to the provisions of these conventions and protocols at the national level;

- intensify national efforts to harmonize national legislation with international human rights standards;

- withdraw reservations on some human rights conventions;

- accelerate the preparation of periodic reports, overcome their preparation delay and submit them, as soon as possible, to competent treaty bodies;

- publish periodic reports and recommendations of the treaty bodies on a regular basis;

- intensify efforts to develop coordination between government sectors and ministerial departments concerned to prepare periodic reports on a regular basis;

- enhance coordination in all human rights issues and accelerate the pace of positive interaction with the executable recommendations;

- anticipate some of these recommendations by prior monitoring of the treaty bodies’ observations;

- propose measures aiming at the establishment of institutions that can support respect for and promotion of human rights;

- continue efforts to promote human rights culture;

- enhance the contribution of the Kingdom to the negotiations of human rights conventions;

- strengthen dialogue and cooperation with national and international human rights governmental and non-governmental organizations and all human rights institutions and bodies regarding issues related to the treaty practice of the Kingdom of Morocco.