Special Commission for the Accreditation of Election Observers holds its meeting on the day before the start of the electoral campaign

The Special Commission for the Accreditation of Election Observers (SCAEO) held its meeting on Wednesday 25 August 2021, at the headquarters of the National Human Rights Council (CNDH) in Rabat, Morocco.

This meeting was chaired by Mrs. Amina Bouayach, CNDH President. SCAEO Members also took part in this meeting.

Mrs. Bouayach announced that the six meetings held by the SCAEO culminated in the accreditation of more than 4,500 observers representing 44 national NGOs and around 17 international NGOs and international parliaments represented by nearly 70 observers, in addition to the CNDH.  These organizations and bodies will observe the 2021 elections in all regions of the Kingdom.

The SCAEO Chairperson confirmed that the accreditation was provided to observers who fulfill all the conditions that qualify them to conduct impartial and independent observation of the upcoming elections, in line with the relevant legal and regulatory requirements.

Mrs. Bouayach also confirmed that the Commission will review the requests for redress that will be received in line with the procedure adopted by the SCAEO.

On this occasion, the SCAEO Chairperson reiterated her call to the accredited bodies to strictly adhere to the precautionary measures to prevent COVID-19, in which the Commission had sent a note to their legal representatives.

Based on a previous communication with the CNDH on the political participation of persons with disabilities, the Ministry of Interior announced that they are sending a note to various authorities on adopting facilitating procedures for the participation of persons with disabilities in all electoral process stages.

At its six previous meetings, the SCAEO approved its rules of procedure, the application form, the announcement of accreditation requests, and the Observer Ethics Charter.

The Commission also, on the initiative of its chairperson, consulted every person qualified in issues of interest to elections observation relating to gender, persons with disabilities, the Amazigh language, and activists in the field of democracy and human rights.

The SCAEO is also updating its website: observationelections.cndh.ma, to be available in five languages: Arabic, Amazigh, French, English and sign language, to keep pace with the process of elections observation and observers accreditation.

To be noted, law No. 30-11 on the terms and conditions of the independent and impartial election observation, was published on 6 October 2011. It stipulates the establishment of the SCAEO. It also mandates it to receive, review and decide on the accreditation requests, issue cards and badges to accredited election observers, and draft the observation charter that includes fundamental principles and rules for election observation.

The SCAEO is chaired by the CNDH President. The Secretariat thereof is entrusted to the CNDH General Secretariat. It is composed of the following members:
– Four members representing government authorities in charge of justice, interior, foreign affairs, cooperation and communication;
– Representative of the ministerial delegation in charge of human rights;
– Representative of the National Authority for Integrity and Prevention and Fight against Corruption;
– Five representatives of civil society associations acting as CNDH members.

Special Commission for the Accreditation of Election Observers calls on the accredited bodies to adhere to the precautionary measures to prevent the spread of COVID-19

Following its meeting held on Friday, August 13, 2021, the Special Commission for the accreditation of election observers (SCAEO) called on the accredited bodies for the observation of the 2021 elections to adhere to the precautionary measures to prevent the spread of COVID-19. The Commission sent a note to the legal representatives of these bodies in this regard.

This meeting was chaired by Mrs. Amina Bouayach, President of the National for Human Rights Council (CNDH).

Given the conditions related to the increasingly severe pandemic, the SCAEO called on the accredited observers to strictly adhere to the precautionary measures to prevent the spread of the COVID-19 besides the usual observation measures, particularly the following measures:

- Testing for the COVID-19 exposure;
- Wearing face masks properly, physical distancing, sanitizing...;
- Refraining from conducting observation missions if any of COVID-19 symptoms appears or in case of contacting persons who have been tested positive or showing symptoms;
- Ensuring the vaccination against the virus (the two doses determined by the competent public authorities);
-Adhering to the precautionary measures taken by the relevant authorities at the entrances of the voting offices and the meeting offices of the statistics committees, including, in particular, measuring temperature before entering and providing vaccination certificate;
-Respecting the required distancing inside the voting offices and at the statistics committees meetings;
-Complying with the rights and obligations of election observers under Articles 16 and 17 of Law No. 30-11, as well as the legal and regulatory texts in force since the declaration of the state of health emergency in Morocco;
- Notifying cases of violations of the observers’ obligations immediately and on self-initiative, in line with the requirements of Article 18 of Law No. 30-11;
- Informing the SCAEO Chairperson of the necessary information on any possible case of COVID-19.

Pursuant its decisions, the SCAEO requested the accredited bodies to submit earlier the distribution of observers to facilitate the observation process and respect the precautionary measures to prevent the COVID-19 pandemic;

The SCAEO also called on these bodies to adopt the CNDH as a framework for sharing or applying for information needed by observers, in coordination with the accredited associations and networks.

To be noted, the SCAEO has decided to provide accreditation to 44 national associations and networks, in addition to the CNDH in its capacity as a national body, after fulfilling all the conditions that qualify them to conduct impartial and independent observation of future electoral benefits.

Preliminary findings - Observation of Mr. Soulaimane Raissouni and Mr. Omar Radi’ trials for sexual violence related offences

Preliminary findings
Observation of Mr. Soulaimane Raissouni and Mr. Omar Radi’ trials
for sexual violence related offences

- Pursuant to article 161 of the Constitution;

- Pursuant to articles 4 and 11 of the law reorganizing the National Human Rights Council (CNDH) ;

- Recalling the various provisions of UN General Assembly Resolution 48/134 on the principles relating to the mandate of national institutions in promoting and protecting human rights (known as the Paris Principles), in particular those relating to “the adoption or amendment of administrative measures” and the provisions relating to “judicial organizations, intended to preserve and extend the protection of human rights” ;

- Given the importance of combating sexual harassment and preventing sexual violence within our society, particularly for vulnerable populations;

- Taking into account the Supreme Will of our Country to work towards the consolidation the rule of law and the judicial system reform so as to guarantee an equal, equitable, and free access to justice, without discrimination;

The CNDH would like to bring to the public opinion’s attention the following elements:

- Having noted, in recent years, the worrying rise of campaigns intended for the vilification and stigmatization of presumed or proven victims of sexual assault and violence, in particular when the perpetrators of said assaults and violence enjoy a certain position in society;

- Having conducted, pursuant to article 6 of the law reorganizing the CNDH, 10 visits to Soulaimane Raissouni and Omar Radi, including a visit by a CNDH team on 06/27/2021 which had concluded that Mr. Raissouni state of health is stable; the latest visit took place on  August 3, 2021 and was conducted by the Regional Human Rights Commission (CRDH) Casablanca-Settat , the date on which Mr. Raissouni announced "to have decided to abandon his hunger strike" and put an end to his refusal of medical treatment prescribed in the context of a drastic reduction of food intake; As of the date of this communiqué publication, Mr. Raissouni has undergone, on 7 August 2021, medical examination and tests at the hospital which seem to be extremely reassuring.

- Having monitored the detention conditions of both Mr. Raissouni and Mr. Radi;

- Having intervened to facilitate an appropriate care for the two detainees, whilst keeping communication channels open with their families;

- Having dispatched two teams of the Regional Human Rights Commission Casablanca-Settat, to monitor 28 first instance sessions of their trials;

- Having held a meeting with Radi's defense coordinator on the two hearings of his trial held behind closed doors;

- And after cross-checking and verifying information collected and gathered by CNDH’s teams; and on the basis of the minutes of the sessions prepared by court’s clerks, as well as the decisions rendered by the Court, in addition to reports prepared by the court’s clerk and the judicial police and submitted to the administration of the penitentiary establishment;

The CNDH presents to the public some of its preliminary observations, pending presentation of its final report after publication of judgments and exhaustion of judicial process:

Common preliminary observations:

• Trials were held in open and public court proceedings;

• Arrest procedures complied with the law and criminal procedure;

• Defense requests for in-person trial were accepted by the judges for both trials;

• Both trials were held within a reasonable time;

• The accused were informed of the charges held against each one of them, had access to a lawyer of their choosing and had adequate time and facilities to prepare their defense, adjournment requests presented by the defense to prepare for the trials were granted by the court.

Preliminary observations on Mr. Raissouni’s trial

• Mr. Raissouni attended the first seven sessions of his trial until the hearing session held on 6/15/2021. From that date, he refrained from appearing for the remainder of his trial, justifying his absence by his health conditions. The Court, considering the grounds for his absence inadmissible, continued to conduct the trial in the presence of only the defense and in the absence of Mr. Raissouni, after notifying and warning him, in accordance with article 423 of the Code of Criminal Procedure, as it was noted in the judicial police report examined by the CNDH;

• The defense announced its withdrawal from the session after the Court’s decision to continue conducting the trial in the absence of Mr. Raissouni. Based on this withdrawal decision, the presiding judge ordered to provide him with lawyers within the framework of legal assistance proceedings, as it was verified by the CNDH.  The President of the Bar appointed three lawyers in this context, but his defense team announced that it had not withdrawn its assistance, and therefore, there was consequently no reason to provide Mr. Raissouni with legal assistance. The defense renewed its request to bring Mr. Raissouni to the court room, which was rejected by the court, so his defense announced once again its withdrawal from the session. The Court decided therefore to continue with hearing proceedings, the withdrawal having no legal effect in the eyes of the law on the Profession of lawyers;

• The Court upheld its decision to continue conducting the trial in the absence of Mr. Raissouni, in accordance with Articles 443 and 446 of the Code of Criminal Procedure, despite the defense's request;

• Mr. Raissouni was not summoned for the subsequent hearings as the Court reiterated its decision related to article 423 of the Code of Criminal Procedure. Pursuant to the provisions of the latter, he was kept informed, from his cell, of the content of the minutes of each session by a Court clerk;

• A forensic audio examination of the recording presented by the complainant was ordered by the investigating judge, after which it was included into the trial file;

• On 07/09/2021, the Court ordered the defendant to appear before the Court for his sentencing, as the CNDH was able to verify. Due to his refusal, the judgment was pronounced in his absence and in the presence of his defense only. The session clerk subsequently informed him of the verdict in his cell;

Preliminary observations on Mr. Radi’s trial

• Defenses relating to procedural irregularities raised the issue of the minutes not being signed during the hearing of the defendants by the Royal Gendarmerie, to which the Prosecution replied that the procedure was sound and in accordance with Dahir Royal 1.57.280, which provides for the inclusion of the statements of any questioned person in a “Register of Declarations”. This register includes signatures of persons the Royal Gendarmerie heard. The contents of the statements in the said Register have not been contested by the defense;

• The defense requested the appearance before the Court of witnesses previously heard by the investigating judge and the prosecution. The Court dismissed this request, recalling the Court of Cassation’s case law, according to which there is no obligation to resummon witnesses who have already appeared and taken an oath before the investigating judge (decision 283 of file 19016/99 dated 03/02/2000 of the Court of Cassation);

• Although the complainant was immediately heard by the Public Prosecutor after filing her complaint, there was no request for an examination to document her state of health;

• Two hearings were held behind closed doors following requests of the civil party;

Although the two monitored trials were carried out in conformity with the law and article 110 of the Constitution, according to which: " The presiding magistrates are only subject to the application of the law. The decisions of justice are rendered on the sole foundation of impartial application of the law alone”, the CNDH concludes, in the light of the aforementioned preliminary observations, that there remain elements of issue in the course of these trials. These elements are neither specific nor unique to these two cases, but result from flaws and insufficiencies of the law compared to international standards; these cases only  represent two case-studies on the incompatibility between some of the provisions of the said law and the constitutional and international provisions on fair trial, in particular article 120 of the Constitution of Morocco and article 14 of the international Covenant on civil and political rights, including sub-paragraph e) which stipulates that everyone shall be entitled “ to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him”.

The CNDH recalls that it is recommended, in accordance with international standards in this regard, to hear, in certain circumstances, statements made before the court in addition to statements made during the investigation phase, in order to encourage witnesses to testify before the court in an open session.

In addition, the CNDH insists on the fact that judicial care for victims of sexual crimes and offences includes medical and psychological care, in accordance with article 117 of the Constitution of the Kingdom, according to which: “The judge is in charge of the protection of the rights and freedoms and of the judicial security of individuals and groups, as well as of the application of the law”.

The CNDH, as a national constitutional human rights institution in Morocco, is aware of what these cases and previous ones represent for the rights of litigants, men and women in our country, and in accordance with its mandate:

• Informs public opinion of its concern about the way cases of sexual violence are addressed in our society, which is inconsistent with Human Rights principles, values and culture;

• Strongly condemns the relentless and unprecedented campaign of defamation, harassment and denigration of which complainants in these two cases have been victims, as well as the slander, attacks and repeated threats they have faced, damaging to their dignity and endangering their security, health and well-being;

• Alerts the public that it has noted the dissemination of numerous false and unverified information about these two cases, especially on social media;

• Reiterates its recommendation aimed at criminalizing defamation speech, discrimination, and incitement to hatred and violence, and reiterates its recommendation on establishing an appropriate legal framework aimed at combating disinformation and fake news;

• Recalls that no person can be subject, as stipulated by the Preamble of the Kingdom’s Constitution and article 26 of the International Covenant on Civil and political Rights, to discrimination or persecution for reasons of sex, identity, social origin, opinion; in particular to the purpose of intimidation or to compel them to remain silent;

• Insists on reminding the public opinion that neither the profession, nor the notoriety and the relationships, nor even the opinions of those concerned, can constitute, on their own, elements to charge or to exonerate for crimes/ offences; nor can they undermine the principle of equality of citizens before the law guaranteed by article 6 of the Constitution;

• Invites the Justice bodies to take into account, when it deems appropriate, international provisions ratified by the Kingdom of Morocco, pending the harmonization of the Kingdom’s laws with international standards and the provisions of the Constitution, as specified in its preamble;

• Recommends enabling CNDH to attend closed hearings of the trials it monitors;

• Recalls its recommendation  aimed at harmonizing the law organizing the Royal Gendarmerie with the provisions of the Constitution provisions and international standards relating to the minutes signing;

• Reiterates the recommendation, included in its annual report for the year 2020, relating to the necessity for lawyers to uphold principles of human rights and fundamental freedoms as recognized by national and international laws. Lawyers must act, in all cases, in conformity with the law, international standards and ethics. The rights and well-being of parties to the trial a must be prioritized as supreme interests, in accordance with fundamental principles on the role of lawyers;

• Recalls its recommendation on enabling, by law , an independent judicial appeal regarding all decisions involving deprivation of liberties, in accordance with international standards in this regard;

• Reiterates its recommendation urging for the adoption by the Parliament, as soon as possible, of the criminal code’s reform, and enshrine the principles of legitimacy, necessity, proportionality and predictability of laws;

• Reiterates its recommendation on amending Chapter 8 of the Criminal Code, especially articles 486 and articles 489-493, and its recommendation to make consent the basis of legislation on offenses and crimes of sexual nature; and reiterates its call for making effective fight against the impunity of those responsible for sexual assaults and violence a constant with deterrent effect;

•  Calls for the acceleration of the Public Prosecutor's Office efforts regarding the rationalization of the use of preventive detention;

• Calls for the implementation of measures to protect victims in accordance with the provisions of Law No. 103.13 and the implementation of measures to protect victims, witnesses and reporting persons in accordance with Law No. 37.10;

• Calls for necessary establishment of a mechanism for medical, psychological and legal care for victims of assault and sexual violence;

• Informs citizens, institutional and non-institutional actors, of the publication in the upcoming months of CNDH’s memorandum on the reform of the Criminal Procedure Code; an urgent and necessary reform;

• Recalls its various recommendations included in its annual report for the year 2019, especially those related to necessity of respecting personal data;

• Informs the public that it will continue monitoring detention conditions of the accused, as it will continue monitoring the trials in their appeal phase, and informing the public of any development when it deems it necessary, in accordance with its mandate.

Footnotes (Links)

https://www.cndh.org.ma/fr/textes-de-reference/loi-ndeg76-15-relative-la...
  https://undocs.org/ch/A/RES/48/134
  https://www.facebook.com/crdh.casablancasettat/posts/2912798388961450?__...
  https://www.cndh.org.ma/fr/article/rapport-sur-letat-des-droits-de-lhomm...
  https://www.cndh.org.ma/fr/article/rapport-sur-letat-des-droits-de-lhomm...
  https://www.cndh.org.ma/fr/communiques/le-memorandum-du-cndh-relatif-lam...

Fifth Ordinary Session of the General Assembly of the National Human Rights Council

Based on the strategy of the National Human Rights Council (CNDH), which seeks to launch a new horizon to enhance protection through social and territorial justice and the effectiveness of rights, the CNDH held its Fifth Regular Session of the General Assembly on 16 and 17 July 2021, in Azilal Province, Morocco.

The CNDH is also seeking, through the organization of its meeting in this region, to embody the territorial dimension of its strategy and draw the attention of the public actors to the shortcomings in the Beni Mellal- Khenifra region in terms of the effectiveness of rights indicators.

Chaired by the CNDH President, Mrs. Amina Bouayach, this session was an opportunity to meet with Mr. Chakib Benmoussa, Chairman of the Special Committee on the Development Model who presented its report.

General Assembly members interacted actively with Mr. Benmoussa and focused mainly on the importance of adopting a human rights-based approach to build and elaborate the new development model entries.

The General Assembly debated on the priorities of the CNDH’s strategy of actions for 2022/2024, under the same conceptual framework based on the effectiveness of rights and freedoms.

After deliberating on the priorities of the strategy of actions, the General Assembly was informed on the context and levels of progress of the preparatory actions to observe independently and impartially the 2021 elections. Mrs. Bouayach called on Presidents of the CNDH’s Regional Commissions to delay public activities during the electoral elections to maintain full impartiality.

At this meeting, the General Assembly approved the initial draft of the CNDH human resources Statute and mandated the CNDH’s Bureau to final approve after including observations and suggestions. The General Assembly also addressed the CNDH’s draft budget for the year 2022..

Milestones between the two sessions (March 19 - July 17-16, 2021)
In addition to the activities and actions of the Standing Committees, National Mechanisms, Regional Human Rights Commissions, and the CNDH Bureau meetings, the CNDH:

- Published the Annual Report 2020 on the human rights situation in Morocco entitled “Covid-19: Exceptional situation and a new human rights challenge”, which will be published in the Official Gazette in the coming days:
Download the Report Executive Summary (Available in French)
Download the Report (Available in Arabic)

- Followed up on the implementation of the recommendations of the Equity and Reconciliation Commission (IER) by signing an agreement on supplementary retirement for the benefit of 99 victims of serious human rights violations.

- Elaborated the draft report on the implementation of the Convention on Enforced Disappearance and the establishment of the Unit for the preservation of memory and the promotion of Moroccan history:

http://cndh.ma/an/press-releases/follow-implementation-ier-recommendatio...

- Followed up on completing files related to reparation, social inclusion and field visits to places of memory preservation in Tazmamart, Al Hoceima Museum and Nador Cemetery.

-  Visited several prisons and followed up the launch of the Practical Guide on Managing Hunger Strikes in Prisons with its partners:
Downlaod the Practical Guide (Available in French)

- Participated in interactive dialogues and meetings within the framework of the 47th regular session of the Human Rights Council in Geneva on the extent of countries’ responses to the prevention of the COVID- 19 pandemic, Business and human rights and combating violence against women:

http://www.cndh.ma/an/article/geneva-cndh-reiterates-its-call-adoption-n...
 

-Organized a regional dialogue as part of the CNDH’s agenda on political parity in Dakhla, Morocco

-Amended and updated two memorandums of understanding between the parliament and the two Houses:
http://www.cndh.ma/an/article/cndh-and-house-councilors-sign-memorandum-...
http://www.cndh.ma/an/article/amendment-and-updating-memorandum-understa...

- Launched a website on elections observation in Arabic, Amazigh, French, English and sign language, which includes all laws and decisions related to the election process and terms and conditions to apply for accreditation to conduct impartial and independent election observation:
https://observationelections.cndh.ma/

International online symposium on: Political participation of persons with disabilities: Current situation and international experiences

In partnership with the Collective for the Promotion of the Rights of Persons with Disabilities in Morocco, the National Human Rights Council (CNDH) will organize, on Tuesday 6 July 2021, an International online symposium on: Political participation of persons with disabilities: Current situation and international experiences.

This event aims at contributing to identify standards and indicators to measure the implementation of the right to political participation of persons with disabilities. Besides, it intends to analyze issues related to framework laws on elections, international standards of the rights of persons with disabilities and relevant actors and stakeholders’ roles.

National and international experts from the Committee on the Rights of Persons with Disabilities (CRPD), Global Alliance of National Human Rights Institutions (GANHRI), International Disability Alliance (IDA), The Arab Organization of Persons with Disabilities (AOPD) and National Democratic Institute (NDI) will participate in this symposium.

The program of this event will focus on the political participation of persons with disabilities in line with the national and international normative frameworks, Comparative experiences in the field of supporting inclusion and the effectiveness of the right to political participation by persons with disabilities.       

Stakeholders will interact on the Moroccan election observation experiences conducted by the CNDH as a national institution mandated to promote and protect human rights and the experience of the IDA in 2015 and 2016.

This symposium will result in providing scientific papers to contribute to elaborate a reference document for the observation and measuring the effective implementation of the right to political and public participation during the election process; starting from the election campaign, through voting and ending in adopting the governmental program of the elected government.

Mrs. Amina Bouayach, CNDH Chairperson, Mr. Danlami Basharu, Member of CRPD and Mr. Mohamed Elkhadri, President of the Collective for the Promotion of the Rights of Persons with Disabilities in Morocco will take part in the opening session of this event.

This event will be broadcasted live at 3:00 pm on the CNDH official Facebook page: https://www.facebook.com/CNDHMaroc.ar/

Special Commission for the Accreditation of Election Observers holds its Second Meeting

The Special Commission for the Accreditation of Election Observers (SCAEO) held its second meeting on Wednesday 30 June 2021, at the National Human Rights Council (CNDH) headquarters in Rabat, Morocco. Mrs. Amina Bouayach, CNDH President chaired this meeting.

The Commission has received requests from 51 national associations and institutions until 22 June 2021 (applications deadline).

The SCAEO will meet next few days to examine and decide on accreditation applications, including international NGOs applications, in line with the relevant legal and regulatory requirements.

Representatives of government departments and members of associations represented in the CNDH took part in this second meeting. Qualified persons also participated in this event on a consultative basis.

Law #30-11 on the terms and conditions of the independent and impartial election observation, issued on 6 October 2011, establishes the SCAEO. It provides for the Commission to receive, examine and decide on accreditation applications, hand over cards and badges for accredited election observers and elaborate a Charter that defines fundamental principles to observe elections.

The SCAEO is chaired by the CNDH Chairperson. The Secretariat thereof is entrusted to the CNDH General Secretariat. It is composed of the following members:

- Four members representing government authorities in charge of justice, interior, foreign affairs, cooperation and communication;
- Representative of the ministerial delegation in charge of human rights;
- Representative of the National Authority for Integrity and Prevention and Fight against Corruption;
- Five representatives of civil society associations acting as CNDH members;
- Every person qualified to attend the SCAEO's meeting on a consultative basis, in line with Article 7 of Law #30-11 on the terms and conditions of the independent and impartial election observation.

AMENDMENT AND UPDATING THE MEMORANDUM OF UNDERSTANDING BETWEEN CNDH AND THE HOUSE OF REPRESENTATIVES

Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), and Mr. Habib El Malki, Speaker of the House of Representatives signed a Memorandum of Understanding (MoU), on Thursday 10 June 2021 at the Parliament in Rabat, Morocco.

This Memorandum aims at strengthening cooperation relations and sharing experiences between the two institutions.

On this occasion, Mrs. Amina Bouayach stressed the importance of amending and updating this agreement, particularly in the CNDH actions that are in line with the Paris Principles that define the independence of National Human Rights Institutions (NHRIs) and with the Belgrade Principles on the relation between NHRIs and Parliaments.

The CNDH Chairperson also highlighted the role of the House of Representatives at the international level, mainly at the Human Rights Council (HRC), and its role in interacting with the United Nations mechanisms at the legislative level, as well as its contributions in important public discussions that are related to Moroccan issues.

Besides, Mrs. Bouayach underlined the great role played by the legislative body in harmonizing national legislation to develop the protection and the promotion of human rights and freedoms. Within the same context, she also noted the positive interaction of the House of Representatives with the CNDH annual reports, its opinions and observations on various legislative texts related to human rights, as well as with the CNDH support and advice in the field of assessing public policies related to human rights.

For his part, Mr. Habib El Malki stressed that Morocco has achieved qualitative development in the field of human rights. Particularly, through the Moroccan experience of the Truth Commission (IER) and major reforms that followed, such as the establishment of the CNDH and the Mediation Institution. He also added that the process of the promotion and protection of human rights in Morocco has culminated in the 2011 Constitution.

Mr. El Malki welcomed the importance of amending and updating the MoU. He affirmed that this agreement will open a promising horizon of cooperation between the two institutions. The MoU will provide the House of Representatives with tools to conduct advanced missions related to protecting and promoting human rights and fundamental freedoms through the implementation of a human rights approach in legislation, monitoring and assessment areas…

Cooperation between the two institutions is based on actions to enhance the harmonization of national legislation with international human rights treaties ratified or adhered to by Morocco. It is also based on sharing experiences between the two institutions in this field.

The MoU is valid for three years and it is subject to auto-renewal for the same period.

It will focus on:
- Cooperation and actions based on a human rights approach in the areas of legislation, monitoring government actions, assessing public policies and parliamentary diplomacy;
- Implementation of programs aiming at strengthening capacities in the field of human rights, in partnership with the Institute of Rabat - Driss Benzekri - for Human Rights and the Parliamentary Center for Research and Studies;
- Consultation of the CNDH in the field of studying the impact of draft treaties and conventions related to human rights and International Humanitarian Law, etc.

Rabat-Salé-Kenitra Region: Study project on "Access of Migrants and refugees’ children to the right to education and its effectiveness”

The Regional Human Rights Commission of Rabat-Salé-Kenitra Region (CRDH) organizes a meeting to present a study project on the “Access of migrants and refugees’ children to the right to education in Rabat-Salé-Kenitra Region and its effectiveness” on Thursday 10 June 2021 at 9 am in Rabat, Morocco.

This study is part of a national process that was launched with the publication of Law No. 02-03 on the entry and residence of foreigners in Morocco and the National Human Rights Council (CNDH)’s thematic report on foreigners in Morocco. Besides, the adoption and implementation of the national strategy for migration and asylum and the exceptional campaign to regularize foreigners in an irregular administrative situation were also part of this process.

The CNDH’s Commission aims, through this study, at examining the legal and human rights situation of the effectiveness of the right to access education without any discrimination for migrants and refugees’ children in the Rabat-Salé-Kenitra region. It also intends to elaborate recommendations and proposals that would enhance the effectiveness of the right to schooling for this group.

This meeting will be an opportunity to consult with representatives of the public sectors, experts and associations of parents and migrants to develop the study’s axes that will be presented by Mr. Cheikh Mbaki Kiel, on behalf of the "France Volontaire" organization.

Mrs. Houria Tazi Sadeq, CRDH President, Mr. Mbaki Keil representing the "France Volontaire" organization and several human rights and educational activists will take part in this event.

The elaboration of this study comes in a national context where stakeholders are working to promote several migrants’ rights, including health, employment, civil registration, legal recognition of associations and the right to union membership for migrants in Morocco, etc.

Applications for observing the 2021 elections in Morocco launched

The Special Commission for the Accreditation of Election Observers, chaired by Mrs. Amina Bouayach, President of the National Human Rights Council (CNDH), launches the application process for the independent and impartial observation of elections of Regions, Communes and Districts Councils, the House of Representatives, the House of Councilors and Prefectural and Provincial Councils which are scheduled between 8 September and 5 October 2021.

Bodies wishing to conduct elections observation pursuant to the law # 30-11 on terms and conditions of the independent and impartial election observation are requested to submit their accreditation applications to the Special Commission for the Accreditation of Election Observers no later than 22 June 2021 at 4 PM (GMT+1).

Documents of accreditation requests (Application Form, Election Observation Charter and List of Observers) can be downloaded directly from the Special Commission website: https://observationelections.cndh.ma.

Observation will be conducted at the forthcoming elections of:
- The House of Representatives, and Communes and Districts Councils, scheduled for 8 September 2021
- Prefectural and Provincial Councils on 21 September 2021
- The House of Councilors on 5 October 2021

Following Article 2 of Law # 30-11 on terms and conditions of the independent and impartial election observation, published on 6 October 2011, the eligible bodies are:

- National institutions mandated by law to observe elections;
- Active civil society known for their work in the field of human rights and the promotion of the values ​​of citizenship and democracy, legally established and operating in accordance with their status; and
- International non-governmental organizations interested in election observation, legally established in accordance with their national legislations and known for their independence and impartiality.

The website of election observation is available in five languages ​: Arabic, Amazigh, French, English and sign language. It includes several sections providing practical information on deadlines and procedures for submitting applications.

The website also includes other sections on Commission’s news, the definition of independent and impartial election observation, national and international reference texts governing the observation process, training of accredited observers and archives.

The Special Commission for the Accreditation of Election Observers held its first meeting on Monday 23 March 2021 at the CNDH’s headquarters in Rabat, Morocco, to prepare for the independent and impartial observation process for the 2021 elections. This meeting was chaired by Mrs. Bouayach, CNDH President.

Follow-up the implementation of the IER recommendations: CNDH announces the establishment of a Unit for the preservation of memory and the promotion of Moroccan history

The National Human Rights Council (CNDH) will organize a ceremony on the occasion of the establishment of the "Unit for the preservation of memory and the promotion of Moroccan history and its various tributaries", on Tuesday 25 May 2021 at the headquarters of the Academy of the Kingdom in Rabat, Morocco at 5 p.m.

The establishment of the "Unit for the preservation of memory and the promotion of Moroccan history and its various tributaries" is in line with the CNDH integrated vision, adopted in 2019, and the constitutional provisions. It is part of the implementation of the Equity and Reconciliation Commission (IER) actions related to studying the historical context and drawing its political and human rights significance.

It is also part of the implementation of the actions of the Follow-up Committee for the implementation of the IER recommendations related to history and the preservation of memory.

Through the establishment of this Unit, the CNDH aims to promote Moroccan human rights history and its various tributaries. It also intends to strengthen its implementation in curricula and school programs, with a view to implement a clear and integrated strategy that reflects the human rights development process in Morocco.

Besides, this Unit aims at contributing to the democratic construction and anchoring human rights in society and the State.

Thus, the Unit is a support mechanism for studying models and areas of memory preservation, considering the contemporary history and elaborating recommendations to the relevant institutions.

The CNDH integrated vision, adopted in 2019, emphasizes the organization of internal archives, updating agreements concluded with the various partners, accelerating the transformation of old detention centers into spaces of memory.

The CNDH vision also includes recommendations on laws relating to museums and the National Museums Foundation, as well as considering the promotion of history and the preservation of memory as part of the CNDH’s vision relating to the new development model.

The Memory Preservation Unit will be a space for objective reflection and research on issues related to contemporary history and its extent. On the one hand, the extent could challenge the consolidation of the rule of law, directly or indirectly and on the other hand, it could anchor democratic practices and the effectiveness of human rights in Morocco.

Through this Unit, the CNDH will also ensure taking initiatives related to memory preservation. It could start with interacting, researching and debating on different types of personal blogging on events related to previous violations. It could also include socio-economic rehabilitation of memory preservation centers, then, establishing museums and well processing archives, etc.