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CNDH submits its recommendations and observations on Bill NO 72.18 to the two Houses of Parliament

The National Human Rights Council (CNDH) submitted its recommendations and observations regarding Bill 72.18 on the system related to targeting beneficiaries of social support programs and the establishment of the National Register Agency, to the two Houses of Parliament, on July 10, 2020.

This document is drawn up in line with Article 24 of Law No. 76-15 on the reorganization of the CNDH, which stated that the Council shall propose any recommendation it deems appropriate (…). The CNDH Chairperson shall submit them to the Speakers of the two Houses of Parliament and the relevant government authorities.

The CNDH submitted a copy of this document to the Prime Minister and the Minister of Interior. This document contains 12 recommendations and observations which recommend that this system complies with international human rights standards related to economic/social rights and social welfare in general, and with the requirements for guaranteeing the rights to development, particularly to social protection.

The CNDH also emphasized the necessity to ensure that this targeting system is linked, in text and spirit, to the challenge of building an inclusive national social protection system, which achieves equality, rejects discrimination, and limits the possibilities of exclusion of beneficiaries, whether they are persons or groups.

In addition, the CNDH underscored, in its document, the urgency of developing a targeting system open to the strategic directions of the new development model. This system must be capable to adapt to changes expected to affect the national social support policy, not only in terms of strengthening the convergence of programs and their integrated nature but also in terms of the possibility of transforming support programs into an integrated system in sectoral public policies.

The CNDH also highlighted its recommendations and observations relating to articles 19 to 22 of the above-mentioned bill, in which the CNDH recommends providing more details on these provisions, considering what they could entail in terms of harming the protection of personal data, transparency of the administration's action, and the requirements of respecting the role of justice in protecting rights and freedoms.

Furthermore, the CNDH recommended the establishment of mechanisms of control and judicialization of all procedures provided for in these articles. It also recommended taking into account the guarantees that should be granted to persons, in total respect of the right to remedies and reparations in case of violation of their rights, freedoms, or personal data.

In this context, Mr. Habib El Malki, Speaker of the House of Representatives, met with Ms. Amina Bouayach, CNDH Chairperson and her accompanying delegation, on July 15, 2020, at the Parliament. This meeting was an opportunity to outline the CNDH’s observations and recommendations relating to bill No. 72.18 and examine means of enhancing cooperation between the two constitutional institutions, including updating the Memorandum of Understanding between the two institutions. Both sides also reviewed opportunities to reinforce the role of parliament in the process of harmonizing national legislation with international law.

Download the CNDH’s recommendations and observations (available in Arabic)