Broaden trial observation mandate
The National Human Rights Council (CNDH) welcomes the unprecedented Court’s decision and the positive interaction of the Public Prosecution, the defence and the civil party with the CNDH request to allow its observation team to attend the closed hearing session of the criminal appeal case of Mr. Omar Radi related to sexual violence, held on Friday 18 February 2022.
The CNDH Regional Commission of Casablanca-Settat Region had submitted a request, on behalf of the CNDH Chairperson, on Monday 14 February 2022 to observe the relevant closed session.
None of the parties objected to the CNDH request. Thus, the Court decided, after deliberation, to accept the CNDH’s request and allowed it to conduct the observation of all phases of the hearing session.
The CNDH notes with satisfaction the decision of the Court and the parties to the case, which will further broaden the trial observation process of all kinds under this decision.
Trial of university professors accused of harassment in Settat: One of the defense parties refuses the CNDH to attend the closed court hearing
On behalf of the Chairperson of the National Human Rights Council (CNDH), which is a constitutional institution that considers all issues related to defending and protecting human rights and freedoms, the Regional Human Rights Commission of the Casablanca-Settat Region (CRDH) submitted, on Monday 7 February 2022, a request for observation of the closed court hearing related to university professors accused of harassment case in Settat, a city about an hour’s drive from Casablanca, Morocco.
At the court session, held on Monday 31 January 2022, the civil party petitioned that the trial, known in the media as a “sex against grades” case, be conducted closed.
The presiding judge presented the request to the defense of the parties on Monday 7 February 2022, before proceeding to discuss the application of Article 302 of the Criminal Procedure Code and deciding the discussion of the case be confidential.
While the civil party welcomed the request, members of the defendants’ defense refused it based on the law stipulating not allowing observers to attend closed court hearings.
The Council welcomes the responsiveness of the President of the Court, Public Prosecution and the civil party to his request. The Council considers that defendant’s defense missed the opportunity to implement the Court’s jurisprudence in similar cases, which forced the Settat Court to reject the CRDH request to attend and observe this closed session.
CNDH TAKES PART IN THE GLOBAL CONSULTATION WITH NHRIS ON ADVANCING THE IMPLEMENTATION OF THE GCM
Mrs. Amina Bouayach participated, on Thursday 27 January 2022, in the Global Consultation with National Human Rights Institutions (NHRIs) on advancing the implementation of the Global Compact for Migration (GCM), co-hosted by the Global Alliance of National Human Rights Institutions (GANHRI) and the Office of the High Commissioner for Human Rights.
This online event was an opportunity for participating NHRIs to share their collective migration-related human rights concerns and priorities and address the inputs for NHRIs’ participation in the first International Migration Review Forum to be held in May 2022.
At this event, NHRIs representatives presented the challenges they face in terms of protecting the rights of migrants and took stock of their experiences and good practices which are likely to improve the implementation of the GCM. They also discussed opportunities for NHRIs to use the IMRF to review and advance GCM implementation at the national, regional and global levels.
Within this context, Mrs. Amina Bouayach, CNDH Chairperson, moderated the session on Break out groups: Experiences, challenges and priorities for NHRIs working on migration and human rights. In this regard, she stressed the pioneering role that NHRIs are required to play to promote the GCM and contribute to its implementation and monitoring following the human rights approach to achieve efficient solutions and effective protection of rights.
Besides, Mrs. Bouayach highlighted the need to strengthen international cooperation related to migration as stipulated in the GCM. She also called for the implementation of national action plans that defend different principles included in this GCM. Furthermore, she underlined the need to provide quality data and statistics to enable efficient handling of migration issues and effective protection of the rights of migrants, etc.
The GCM, adopted by the United Nations General Assembly in 2018, is a significant commitment from governments to take a people-centered and human rights-based approach to migration policy.
The GCM recognizes the critical role of NHRIs in the promotion and protection of the rights of all people including migrants and encourages NHRIs, GANHRIs and NHRI regional networks to engage in GCM implementation, follow-up and review at national, regional and global levels.
The first IMRF will be held by the United Nations General Assembly on 10-13 May 2022. This forum will be an opportunity to assess the status of the implementation of the GCM, with the participation of governments, migrants, NGOs, NHRIs and all other relevant stakeholders.
CNDH Chairperson addresses competent French Authority over retrieving the Late Mohammed Ben Abdelkrim El Khattabi Archives
As part of efforts made to preserve the national archive and Moroccan collective memory, Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), addressed, at the end of last week, through the diplomatic services of the Kingdom, a letter to the French Diplomatic Archives - Ministry for Europe and Foreign Affairs, in which she stressed the importance of returning the late Mohammed Ben Abdelkrim El Khattabi archive to Morocco.
CNDH correspondence comes to support the request previously sent by the Institution of Archives of Morocco (Archives du Maroc) to the Diplomatic Archives to return the original documents of the late Mohammed Ben Abdelkrim El Khattabi, seized by French troops in 1926. It is also part of joint initiatives for the promotion of the Moroccan Archive which are conducted by the CNDH and the Institution of Archives of Morocco, particularly under the Unit for the preservation of memory and the promotion of Moroccan history and its various tributaries, hosted by the CNDH.
In this correspondence, Mrs. Bouayach stated that the promotion of Moroccan archives and the preservation of collective memory constitute a structuring axis of the CNDH's action. She explained that the national archives, in addition to their symbolic value, are significantly important in consolidating the Rule of law and in the reading of historical events, particularly with regard to the current history.
To be noted, the CNDH established, in May 2021, a Unit, under its Presidency, for the preservation of memory and the promotion of Moroccan history and its various tributaries. Besides, the CNDH, Archives du Maroc and this Unit attach particular importance to the question of the restitution of the Moroccan archive to complete the project related to the preservation of collective memory and national archive.
INDICATIVE INFORMATION ON REPARATION AND SOCIAL INTEGRATION OF FORMER VICTIMS AND RIGHTS HOLDERS AND ON THE ESTABLISHMENT OF TAZMAMART SPACE
Handling the file of former victims of the past gross human rights violations in the Tazmamart detention center has been through several adjustments. Victims and rights holders benefited from this action including:
1. A monthly grant of five thousand dirhams for the benefit of former victims for more than ten years. It did not stop until they got the compensation determined by the Independent Arbitration Commission;
2. Files of Tazmamart detainees’ victims reached 58. The Independent Arbitration Commission and the Equity and Reconciliation Commission (Moroccan Truth Commission known under its French acronym (IER)) studied these cases and delivered arbitration decisions of compensations that reach 119,997,000.00 dirhams for the benefit of victims;
3. All victims and rights holders benefited from health coverage. Since signing the relevant agreement in 2008 until the end of 2020, the Government provided 190 million dirhams;
4. 58 victims and rights holders benefited from the social integration recommendation in various forms. 25 persons benefited from 250,000 dirhams, 23 persons benefited from free housing, seven benefited from employment and three persons benefited from transportation authorizations;
5. Three descendants who are rights holders benefited from the regularization of administrative status at their work.
Regarding memory preservation, Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), announced in a previous press interview that Tazmamart space is expected to be ready in 2022 if things go as planned. She delivered this statement last year after her visit to this space as part of completing the follow-up process of the implementation of the IER recommendations related to preserving memory and history.
The budget for establishing of Tazmamart space is estimated at 60 million dirhams. It aims to transform it from an irregular detention center into a space for life that creates significant social, cultural, economic and environmental actions.
In addition to preserving memory, this space will include a playground, a mosque and a dispensary. There also will be buildings composed of 24 offices for cooperatives. Women and youth will benefit from it to develop their income-generating projects. An extensive tree-planting and agricultural activities were conducted in an area estimated at hundreds of hectares surrounding this space. Besides, four years of accompaniment were provided for residents.
Sexual extortion against women students: Supporting the reporting of abuse as a civil action against blackmail based on authority abuse
The Chairperson of the National Human Rights Council (CNDH) held a meeting on Tuesday 4 January 2022, to coordinate the Council’s actions related to cases of sexual extortion and harassment in some colleges, universities and higher-education institutes, known in the media as “Sex for grades”.
Several presidents of CNDH's Regional Commissions (CRDHs) and the Coordinator of the Standing Committee on Parity and Non-discrimination took part in this meeting.
The CRDHs previously held hearings with several women student victims in the cities of Settat and Oujda, as well as meetings with student associations and several professors. The CRDHs also followed up on similar cases in other cities in Morocco.
Considering the right to equality and non-discrimination against women and girls as a structuring theme in its strategy of actions, the CNDH notes with satisfaction the involvement in its national campaign, launched on November 2021 to combat violence against women and girls and to encourage reporting to tackle impunity.
Continuing its interaction from a human rights perspective with the frequent data and information related to sexual extortion, particularly on women’s rights and dignity, the Council positively notes:
The importance of conducting investigations by the competent public prosecutions so that criminal acts do not remain unpunished;
The immediate measures taken by the Ministry of National Education, Vocational Training, Higher Education and Scientific Research to conduct the necessary administrative investigations with subsequent disciplinary measures.
Based on the discussions held in the past several meetings and on outcome of the 4 January meeting, the Council:
Reiterates its recommendation to provide judicial support for victims who reported sexual crimes and assaults, including medical and psychological care, pursuant to Article 117 of the Constitution.
Found it surprising that students’ complaints were ignored by several university administrations.
Notes the multitude and variation of procedures announced at universities following reports of sexual extortion by students;
Questions the absence of appropriate administrative and educational units to deal with cases related to violence against women and sexual blackmail;
Stresses the importance of taking into account good practices to protect the victims before blackmail news have spread.
Recalling its campaign Manskotch Ala El Onf (Speak out against gender-based violence), which will last for the whole year, and which aims at encouraging victims to report crimes and at combating impunity; and considering that students entitled to get an education in a space that protects their dignity and physical and psychological integrity; and taking into account that an educator’s role is to conduct its mission in respect of the professional rules instilled in Moroccan university traditions and customs, the Council:
Commends the fact that the victims broke the silence and reported the abuses that affected their dignity and lives, despite possibilities of being criminalized, defamed and incited against;
Expresses deep concern about the multiplication of cases of extortion and violence of sexual nature as well as cases of violence in our society;
Announces it will continue following-up on cases of sexual extortion against students, including during trials;
Stresses that the growing cases of women students breaking silence requires multiple measures to overcome its negative repercussions on the university, professors and students, so as to improve trust in accessing institutions for remedies;
Calls on the Ministry of Higher Education and Scientific Research to disseminate the Marrakech Declaration Protocol to protect students from violence and harassment, to establish extortion reporting mechanisms and to provide suitable care for victims;
Considers defamation, harassment and denigration campaigns against students who reported sexual extortion, as it was also noted in previous cases of sexual violence, are a flagrant human rights violation;
Stresses the need to support reporting as a civic action given the consequences of blackmailing based on power and authority abuse;
Calls for the implementation of protection measures for victims pursuant to the law on combating violence against women and to take measures to protect whistleblowers and witnesses;
Calls on the media to play its informative and educational role without compromising the dignity of victims and exposing them to any social or cultural interpretations, defamation or pain.
As part of the agreements signed by its CRDHs and universities, the Council will hold round tables on issues related to violence, harassment and sexual extortion, protecting victims and whistleblowers, as well as protecting the university as space for knowledge and learning.
CNDH ELECTED AS A MEMBER OF THE GANHRI BUREAU
Mrs. Amina Bouayach was elected, in her capacity as Chairperson of the National Human Rights Council (CNDH), as a member of the Bureau of the Global Alliance of National Human Rights Institutions (GANHRI).
Note that the CNDH was elected to the Bureau of the GANHRI representing the Network of African National Human Rights Institutions (NANHRI) at the NANHRI General Assembly held on 2 November 2021. Its election as a Bureau member was ratified at the GANHRI Extraordinary General Assembly (EGA) held virtually on 16-17 December 2021.
CNDH REGIONAL COMMISSION OF SOUSS-MASSA REGION HOLDS ITS THIRD REGULAR MEETING
On Friday 24 December 2021, the Regional Human Rights Commission (CRDH) of the Souss-Massa region held its third regular meeting in Agadir, Morocco.
This event is part of the implementation of the requirements of Article 44 of Law 76-15 related to the reorganization of the National Human Rights Council (CNDH) and Articles 35 and 36 of its Rules of Procedures.
This meeting agenda focused on presenting the outcome of the CRDH action since its second regular meeting, deliberating on the annual report - 2021 themes, addressing and approving the CRDH action plan - 2022, and approving members’ draft reports.
On this occasion, Mr. Mohamed Charef, President of the CRDH of the Souss-Massa region, welcomed the positive involvement of members since their installation. He also noted that the CRDH continues to conduct monitoring and protection missions and implement its annual program despite the challenges imposed by the COVID-19 pandemic. On this occasion, he called for establishing complementarity between the CNDH strategy and members’ proposals, developing efficacy and good governance, setting priorities focusing on results, etc.
For his part, the CRDH Executive Director stressed that the Commission implemented a large section of its action program as outlined. It cooperated with various institutional and association actors regarding human rights and activated its partnership agreements.
This meeting was an opportunity to present the thematic report on the visit of the two children’s protection centers (for girls and boys) elaborated by the CRDH members.
EVENTS IN LAAYOUNE ON CITIZENSHIP AND HUMAN RIGHTS EDUCATION
The Regional Human Rights Commission of Laayoune- Sakia El Hamra Region (CRDH) organized several events on citizenship and human rights education to celebrate the 73rd anniversary of the Universal Declaration of Human Rights in educational institutions at the regional level.
These events ended on Monday 14 December 2021, at the Etablissement Tafatouh pour l’Education et la Formation Sidati Salami in Laayoune, Morocco.
Around 170 students participated in around 30 activities and discussed human rights values and principles in educational institutions in Boujdour, Smara and Laayoune, cities in the south of Morocco.
These events were an occasion to highlight their artistic and cultural creations and to give them the floor to express and interact on their rights and issues that concern them.
Several education staff and actors, representatives of elected councils, and authorities took part in these events.
The program of these events scheduled educational presentations on human rights and child rights, human rights movies, expressive dances, poetry, speech, drawings and songs. It also focused on human rights workshops delivered by the CRDH Chair and members.
Within this context, the CRDH also met with the children of the educational institution "South Center" of the Association South for Creativity and Talents for persons with disabilities.
These events were also an opportunity to pay tribute to students and education staff for their efforts in promoting human rights culture at school.
Besides, the CRDH exhibited the National Human Rights Council (CNDH) publications on human rights and categorial rights (the rights of the child, women’s rights, human rights education, migrants rights, the rights of persons with disabilities, places of deprivation of liberty, health and human rights…).
The CNDH also provided the libraries of human rights clubs with its publications and books on human rights education issues.
Tanger-Tetouan-Al Hoceima Region: Mr. Mounir Bensalah delivers an inaugural university lecture on "Digitization, Artificial Intelligence and Human Rights"
As part of its mandate related to protecting and promoting human rights, the Regional Human Rights Commission in the Tanger-Tetouan-Al Hoceima Region (CRDH) is organizing an inaugural university lecture on “Digitization, Artificial Intelligence and Human Rights” on Tuesday 7 December 2021, at 3 pm at the Faculty of Legal, Economic and Social Sciences in Tanger, Morocco.
This event is also part of the implementation of the partnership agreement signed between the CRDH and the University of Abdelmalek Essaadi.
Mr. Mounir Bensalah, Secretary-General of the National Human Rights Council (CNDH) will deliver this lecture.
This event aims at improving knowledge of digital technology, artificial intelligence, uses and challenges related to human rights, particularly practices in digital space related to incitement to violence, racism, discrimination, hatred, fake news, and the use of personal data that may violate private life, etc.
Mrs. Soulma Taoud, CRDH President, and Mr. Bouchta Moumni, President of University Abdelmalek Essaadi in Tanger, Morocco.
The CNDH annual report 2020, entitled “Covid-19: exceptional situation and new human rights challenge”, published recommendations related to artificial intelligence and digitization. The CNDH recommended strengthening judicial and non-judicial remedies for citizens and considering the protection of human rights, particularly the right to privacy, personal data and security when designing applications and algorithms related to artificial intelligence.
Summary
Activity: University inaugural lecture on "Digitization, Artificial Intelligence and Human Rights"
Date: Tuesday 7 December 2021, at 3 pm.
Venue: Faculty of Legal, Economic and Social Sciences, Annex 2 near the National School of Business and Management of Tanger (ENCGT), Morocco.
Contact: CNDH Regional Commission in Tanger-Tetouan-Al Hoceima Region 06.66.17.56.11