CNDH report on Gdeim Izik trail observation

The National Human Rights Council (CNDH) will hold a press conference to present its report on Gdeim Izik trial observation on 2 November 2017 at 9h30 at its headquarters in Rabat, Morocco.

The CNDH had entrusted team of seven senior officers to monitor the different stages of this trail where 23 defendants were prosecuted. The defendants were arrested following the death of 11 law enforcement officers at the events of dismantling the Gdeim Izik camp (a site close to Laayoune city) on 8 November 2010.

To be noted that the CNDH has already published a preliminary report on the conduct of the trial before the military court. Later on, the decisions rendered by this court were revoked and the case was brought before the Court of Appeal, following of the promulgation of a new law on military justice stipulating that the military court is no longer competent to prosecute civilians.

CNDH’s observing team monitored different hearings of the trial as of December 2016 to 19 July 2017, when the judgement was pronounced. The CNDH report aims to determine whether the case has met the conditions of a fair trial, as provided for by the International Covenant on Civil and Political Rights.

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

Oujda-Figuig: Regional consultative meeting with children

The Regional Human Rights Commission in Oujda- Figuig (CRDH) will organize a regional consultation with children in the East region of Morocco on Saturday 28 October 2017 at the headquarters of the CRDH in Oujda. This meeting is part of a partnership agreement between the National Human Rights Council (CNDH) and the UNICEF.

This consultation meeting is organized in cooperation with the Regional Academy of Education and Training, the Regional Delegates of the Entreaide national “National Mutual Aid”, the Regional Youth and Sports Delegates and the Child Protection Center in Oujda.

The purpose of this meeting is to explore and gather views and suggestions of children regarding the contribution of the CNDH to protecting the rights of the child. It aims as well to reinforce the participation of children in decisions-making that concern them.

Children from formal and informal education, students from public and private schools, foreign children, children with disabilities, children under probation system, children from the social welfare centers, etc. will participate in this consultative meeting.

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

CNDH meets with the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The National Human Rights Council (CNDH) received, on 24 October 2017 at its headquarters in Rabat, Morocco, the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT).

During its meeting with the SPT, the CNDH delegation, chaired by Mr. Driss El Yazami, President of the Council, presented the draft law No. 76-15 on the reorganization of the CNDH. Mr El Yazami highlighted the status of the National Preventive Mechanisms against torture (NPM) in this bill. He also shed the light on the process leading to the establishment of the NPM, mainly consultations with relevant government departments and NGOs and training sessions for the future staff of the NPM, as well as national and international seminars.

At the same time, the CNDH stressed the actions and partnerships related to places of deprivation of liberty, including visits to places of detention, psychiatric hospitals, child protection centres and places where foreigners in an irregular situation are held. The number of visits to places of detention is around 300 per year,  with a view to conducting investigations and regular, special or preventive visits.

Special focus was given to the CNDH memorandum on the preliminary draft of the Penal Procedure Code, particularly proposals on the prevention of torture and the reduction of the risks of arbitrary detention, mainly during police custody.

The CNDH shared its experience about practices regarding the prevention of torture, which enable it to discharge the mandate of the NPM.

To be noted that, the UN delegation is visiting Morocco, for the first time, from 22 to 28 October 2017, after the accession to the Optional Protocol to the Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment. The purpose of this visit is to advise Morocco to establish an NPM, and to conduct visits to places of deprivation of liberty and interview persons deprived of their liberty in order to assess how they are treated and the measures taken to protect them from torture and ill-treatment.

The SPT delegation is composed of: Mr. Hans-Jörg Viktor Bannwart (Head of Delegation, Switzerland), Mr. Gnambi Garba Kodjo (Togo), Ms. Radhia Nasraoui (Tunisia), Ms. Catherine Paulet (France) and Mr. Satyabhooshun Gupt Domah (Mauritius).

Child protection: Training session on the principle of participation

The National Human Rights Training Institute (INFDH) – Driss Benzekri will host the second training session on the principle of participation on 20 October 2017 for social assistants working in the Child Protection Units and the regional delegates of the Entreaide National “National Mutual Aid”. This training session is a part of the program of cooperation and partnership between the National Human Rights council (CNDH) and National Mutual Aid.

This training session will tackle the effective implementation of the principle of participation during the process of supporting children in difficult situation.

The workshop aims to strengthen the capacities of the staff of the National Mutual Aid working to protect children, particularly on themes related to treatment of children victims of violence based on child rights approach. It also intends to provide practical tools to implement the principle of participation.

This training session is the second of its kind regarding hearing techniques for children victims of violence.

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

Study day on the law to fight violence against women: Crossed viewpoints Morocco- Tunisia

The National Human Rights Council (CNDH) and UN Women, in partnership with the Coalition Printemps de la Dignité “Spring of Dignity Coalition”, are organizing a study day on “Laws to fight violence against women: Morocco-Tunisia crossed viewpoints” on 19 October 2017 at the Mohammed VI Museum of Modern and Contemporary Art (MMVI) in Rabat, Morocco.

This meeting will be a comparative reflection between the Tunisian and Moroccan experiences related to the adoption of laws to fight violence against women.

Indeed, if the Tunisian Parliament has just adopted an integral law on the violence against women, in Morocco, the Council of Government adopted the Bill 103-13 on 17 March 2016, followed by the House of Representatives on 20 July 2016. It is a subject which is widely debated but still waiting to be adopted by the Chamber of Councillors.

Bringing together institutional actors and civil society organizations involved in the prevention of violence against women, this meeting will provide an opportunity to deepen the analysis and the reflection on the challenges of the adoption of a comprehensive national legal framework to counter all forms of violence against women.

It will also provide an opportunity to exchange experiences and points of views from both countries in order to identify the main challenges and resistances, as well as the best practices to overcome them and to achieve the adoption of satisfying legal texts.

In addition to the universal norms and standards related to legislation on violence against women, this meeting will introduce the Bill 103-13 on violence against women and the CNDH’s analysis of the mentioned Bill.

A cross-reading of the Tunisian Law and the Moroccan Bill will also be scheduled. It will be carried out through the analysis of two legal experts: Sana Ben Achour from Tunisia,  university professor of public law, and Khadija Rouggany from Morocco, lawyer and member of the Coalition Printemps de la Dignité.

The opening session will take place on 19 October 2017 starting 9 am in the Auditorium of the MMVI in Rabat, Morocco.

To sum up:

Event: Study day on the law to fight violence against women: Crossed viewpoints Morocco- Tunisia

Time and venue: 19 October 2017 starting at 9 am in the Auditorium of the MMVI in Rabat, Morocco

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

Download the program of the Study day (available only in French)

CRDH participates in the seventh edition of the Regional Book Fair in Tangier

The Regional Human Rights Commission (CRDH) in Tangier will participate in the seventh edition of the Regional Book Fair on “Reading and the challenges of development” which will be held from 13 to 18 October 2017 in Tangier, Morocco.

The CRDH will exhibit different publications of the National Human Rights Council of Morocco (CNDH). It is also an opportunity to interact with the public and different human rights actors and researchers, particularly on the missions and achievements of the CNDH and its CRDH.

Organized by the Regional Department of Culture, this event will schedule collective exhibitions of photos, poetry, lectures and book signings will be scheduled in this Book Fair.

In addition, several cultural and educational NGOs, institutions, bookstores, book publishers will take part in this cultural event.

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

Regional seminar on death penalty in French-speaking countries in Africa

The National Human Rights Council (CNDH) and the Association Enùsemble Contre la Peine de Mort (ECRM) “Together Against the Death Penalty”, in partnership with the Association francophone des Commissions nationales des droits de l’Homme (AFCNDH) “Francophone Association of National Human Rights Commissions” and the Network of African National Human Rights Institutions (NANHRI), are organizing a regional seminar on the death penalty in African French-speaking countries on 4 and 5 October 2017 in Rabat, Morocco.

This seminar is entitled “National Human Rights Institutions (NHRIs) and Death Penalty”, and will be held with support of the French Ministry for Europe and Foreign Affairs and the International Organization of la Francophonie (OIF).

As of 31 December 2016, the majority of the African Union member States have abolished the death penalty in law (20 countries), or have applied a de facto moratorium on executions (20 countries); only a minority that still maintain the death penalty (14 countries). Morocco has enshrined the right to life in article 20 of the 2011 Constitution and has implemented a moratorium on executions since 1993, which has made it a de facto abolitionist country. Nevertheless, Morocco courts continue to order judgments on death penalty.

The CNDH, as an abolitionist institution, has repeatedly called on the government to adhere to the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the death penalty and to vote for the resolution of the United Nations General Assembly calling for a moratorium to suspend the execution of the death penalty with a perspective to abolish it.

Considering their mandate to protect and promote human rights, NHRIs are well placed to encourage the authorities to rethink the abolitionist arguments. Nevertheless, in practice, NHRIs are less involved or not at all involved in the abolitionist dynamic. In fact, there are several reasons why this issue is not often discussed within NHRIs, particularly in African francophone countries.

ECPM, in conjunction with the UN, cooperates with NHRIs on the issue of death penalty, particularly in the Maghreb and Central Africa. Therefore, this meeting will be an opportunity to reiterate the importance of the role of NHRIs in their fight against the death penalty and to study possible means to encourage them to advocate for the abolition of this penalty.

Representatives of 12 NHRIs from the African francophone countries are participating in this event: Democratic Republic of the Congo, Niger, Tunisia, Togo, Mali, Burkina Faso, Côte d’Ivoire, Comoros, Mauritania, Cameroon, Rwanda and Algeria. ECPM and other representatives of civil society from Tunisia, Algeria and Morocco will also take part in this seminar.

The first day of the meeting will be devoted to an overview of the situation of the death penalty in the world, especially in Africa. The second day will shed the light on the actions of NHRIs towards the abolition of the death penalty (review of legislation in force, recommendations and follow-up, monitoring the conditions of detention of those sentenced to death, interaction with international mechanisms).

The opening session of this seminar will take place on 4 October 2017 from 9:00 am at the Mohammed VI Museum of Modern and Contemporary Art (MMVI). Driss El Yazami, President of the CNDH, Mohammed Aujjar, Minister of Justice, Alexis Le Cour Grnadmaison, Minister Counselor, French Embassy in Morocco, Raphaël Chenuil-Hazan, Director General of the ECMP, Nasos Makrythanasis, representative of OIF and Ahmed Elhou, former prisoner sentenced to death in Morocco, will contribute to this session.

The proceedings of this seminar will be held in two days:

4 October 2017 at the MMVI: Opening session and debate open to public.

5 October 2017 at the CNDH’s Driss Benzekri National Human Rights Training Institute (INFDH)- Driss Benzekri: Workshops for NHRIs and civil society (upon invitation).

Regional meeting of National Mechanisms for the prevention of torture in North Africa

The National Human Rights Council (CNDH) and the Association for the Prevention of Torture (APT) organize a regional meeting of national mechanisms for the prevention of torture (NPMs) in North Africa from 26 to 28 September 2017 in Rabat.

The purpose of this meeting is to improve the understanding of the status, mandate, organization and functioning of the NPM and to cooperate and exchange on compared experiences of NPMS in North Africa.

The meeting brings together representatives of Tunisian and Mauritanian NPMs and those of the CNDH, which is the Moroccan institution to house the NPM according to the upcoming CNDH Law currently under discussion in the parliament. This event also intended to discuss the main opportunities and challenges faced at the beginning of the existence of these emerging mechanisms and to better understand the preventive mandate.

Finally, this meeting aims to identify needs concerning exchanging and strengthening the capacity of NPMs in the region.

This event will combine plenary sessions and practical exercises using an interactive approach. In this context, members of the French and Italian NPMs are invited to share their practical experiences in implementing the mandate.

Participants will learn about the preventive mandate and its specifications, complaints treatment mechanisms, visit reporting techniques, preventive visit methodologies and interviews with administrative staff and detainees.

Morocco initiated the ratification process of the Optional Protocol to the Convention against Torture (OPCAT) on 1 November 2012 and deposited the instruments of ratification on 24 November 2014. Hence, Morocco became the 76^th State Party to OPCAT.  The latter requires, in its Article 17, the establishment of the NPM within a period not exceeding one year following the entry into force, ratification or accession of the OPCAT.

The opening session of this meeting will be held on 26 September 2017 starting at 2 pm in the auditorium of the National Library of the Kingdom of Morocco. Mr. Driss El Yazami, President of the CNDH will take part to this gathering jointly with Mr. Mustapha Ramid, Minister of State for human rights, Mrs. Barbara Bernath, Head of Operations of the APT in Geneva and Mr. Massimo Baggi, ambassador of Switzerland in Morocco.

This meeting will continue on 27 and 28 September 2017 at the CNDH’s National Human Rights Training Institute- Driss Benzekri.

To sum up:

Event: Regional meeting for National Mechanisms for the prevention of torture in North Africa

Time and venue: 26 September 2017 starting at 2 pm in the auditorium of the National Library of the Kingdom of Morocco

Media contact: Abdelghani Berdi +2126 62 76 23 25 / a.berdi@cndh.org.ma

CNDH participate in the first edition of the Maghreb Book Fair in Oujda

The National Human Rights Council (CNDH) participates in the Maghreb Book Fair in Oujda on “Maghrebian Literature”. This exhibition will be held from 21 to 24 September 2017 at the Grand Theatre Mohammed VI in Oujda.

This event is organized by the Oriental Agency, the Oriental Regional Council and the Wilaya, and supported by other partners including the CNDH. It is the first edition of the Maghreb Book Fair entitled Dire la jeunesse, écrire l’espoir “Speaking about youth, writing hope”.

The CNDH will hold an exhibition stall, which will present various publications of the Council and will interact directly with the public around issues related to its missions.

Driss El Yazami, President of the CNDH, will take part in the round table on “Maghreb youth: Living here or dreaming elsewhere” in the morning of 22 September 2017.

More than 200 intellectuals will take part in this Book Fair exhibition, coming from five countries of the Maghreb, from Europe and especially from Africa, including Senegal, as a guest of honour. Poets, novelists, storytellers, playwright or visual artists, regional and national institutions, book publishing and distribution professionals will moderate roundtables on youth.

Presentations and book signings, film screenings, writing workshops and poetic readings are also part of the program of the Book Fair.

To sum up:

Activity: First edition of the Maghreb Book Fair

Time and venue: from 21 to 24 September 2017 at the Grand Theatre Mohammed VI in Oujda

Media contact: Communication department: Abdelghani Berdi +212 6 62 76 23 25/ a.berdi@cndh.org.ma

CNDH participates in the 18th session of the Committee on the Rights of Persons with Disabilities

The delegation of the National Human Rights Council of Morocco (CNDH) participates in the proceedings of the 18^th session of the Committee on the Rights of Persons with Disabilities (Committee) which takes place from August 14^th to 31^st, 2017 at the Palais des Nations in Geneva.

During this session, the Committee examines measures taken by Morocco to implement the provisions of the Convention on the Rights of Persons with Disabilities (CRPD) on August 16^th and 17^th, 2017. Throughout this first interactive dialogue, the CNDH recalls its opinions and recommendations aiming to protect and promote the rights of persons with disabilities, including the right to an inclusive education, social protection, employment and employability, legal capacity and the implementation of Article 33 of the CRPD.

The CNDH took part in the 7^th pre-session of the Committee held on March 15^th, 2017 where a list of issues was discussed by the stakeholders before the review of the initial report of Morocco on the implementation of the UN Convention on the rights of persons with disabilities.

The Committee on the Rights of Persons with Disabilities is the Body of independent experts which monitors the implementation of the Convention by the States Parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Convention and thereafter every four years. The Committee examines each report and shall make such suggestions and general recommendations on the report as it may consider appropriate, and shall forward these to the State Party concerned.

Opening Statement of the National Human Rights Council of Morocco at the 18^th session of Committee of the Rights of People with disabilities

Geneva, August 16^th, 2017

Madam President, ladies and gentlemen, Committee members, Honourable Minister, representatives from the Moroccan delegation, representatives of Moroccan civil society,

It is an honour for me to take part, in the name of the National Human Rights Council of Morocco (CNDH), in this high level dialogue to submit to the Committee the CNDH’s opinions and recommendations on the situation of persons with disabilities in the Kingdom of Morocco.

The CNDH is a national independent institution accredited with “A” status by the Global Alliance of National human rights Institutions (GANHRI). With 13 regional commissions, the CNDH monitors the protection and the promotion of human rights in Morocco.

Bearing in mind the written replies of the Government of Morocco to the list of issues, the CNDH wishes that its contribution will provide additional information and serve as a reference point for the Committee while drafting its concluding observations.

The council welcomes the approval of the Interministrial Commission, on the 17^th of July 2017, to implement the strategies and programs within the National Action Plan 2017- 2021 on the promotion of the rights of persons with disabilities. The Council wishes that the implementation of its provisions will be reflected in the Finance Law 2018.

Having considered all of the various thematic studies and legal text examinations, and also having handled complaints on allegations of violations of the rights of persons with disabilities, the council wishes to bring to the attention of the committee that despite undeniable progress in Morocco, there is still a lot to be done to ensure an effective and equal enjoyment of the rights of all persons with disabilities in terms of access to education, employment, and social protection particularly.

Despite the fact that we now have the right to an inclusive education enshrined in the constitution, the CNDH notes with concern that persons with disabilities still face great difficulties and barriers in their access to education, particularly in school registration procedures, support measures such as assistance within schools, and reasonable accommodation. This is why the council would advocate the adoption of an inclusive education policy for all persons with disabilities with no exclusion on the grounds of any type or degree of impairment. The sustainable development goals should be taken into consideration, particularly target 4.5[1].

In terms of employment and employability of persons with disabilities, the council calls for a cross-cutting integration within the provision of the forthcoming financial law: measures and indicators relating to the inclusion of persons with disabilities in employment in the public and private sectors.

The council wishes to draw the attention of the Committee to the situation of women with disabilities that suffer double discrimination and who are not a priority in different policies and programmes for women.

Families of persons with disabilities particularly who are in a precarious situation, are suffering from violating their rights, as are their children. They are generally entirely responsible for meeting the additional financial costs resulting from the disability of their children.

The CNDH notes with concern that despite the existence of social protection, the range of care and services which is offered does not meet the needs of persons with disabilities.

Prisons and detention facilities should take into consideration the situation of persons with disabilities, particularly the accessibility and access to information that protect their rights during their detention[2] in all places of deprivation of liberty.

The Council regrets that the second national survey on disability published in April 2015 by the Ministry of family, solidarity, equality and social development did not include data on the population of detainees and prisoners with disabilities or persons with disabilities that are in social protection centres.

The Council notes that the limitation of legal capacity on the grounds of disability within Moroccan law is still a major barrier for persons with intellectual disabilities or visual impairments when it comes to managing their financial or administrative affairs.

The CNDH would also like to point out that the draft law relating to its reorganisation, and that recognises the council’s competency to act as an independent protection mechanism, to promote and monitor the Convention[3], will be adopted at the next parliamentary session.

The CNDH reiterates its admiration and respect to the committee members and hopes that this constructive dialogue will help bring about the convention’s implementation in our country.

Thank you.