SOUTH OF MOROCCO: PARTNERSHIP AGREEMENTS AMONG FOUR REGIONAL HUMAN RIGHTS COMMISSIONS AND BAR ASSOCIATION TO COURTS OF APPEAL

Four partnership agreements were signed, on Friday 26 March 2021 in Agadir, south of Morocco, among the CNDH’s Regional Commissions of Souss-Massa, Guelmim-Oued Noun, Laayoune-Sakia El Hamra and Dakhla-Oued Eddahab and the Bar Association to the Appeal Courts of Agadir, Guelmim and Laayoune.

Ms. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), announced that the CNDH intends, through these agreements, to promote the principles of legality, necessity and proportionality as rules governing the management of justice, when it comes to restrictions of several fundamental rights, including freedom of expression and peaceful assembly.

On this occasion, she affirmed that the CNDH is well aware of the international normative framework governing the profession of lawyers, particularly the Basic Principles on the Role of Lawyers and several relevant programs. The CNDH is also aware of the legal dimension and the efforts of attorneys in reinforcing and developing the human rights system, taking into account the universality and indivisibility of human rights.

Within the same context, Ms. Bouayach regretted that women are not represented in the Bar Council of Agadir, Guelmim and Laayoune following its election in December 2020.

CNDH Chairperson considered that the absence/ the weak representation of women brings to the fore the issue of the implementation of the principle of parity, as a constitutional pillar of the policies against discrimination between men and women. This issue also brings to attention the societal debate on reinforcing women's access to decision-making positions.

Ms. Bouayach said that the CNDH’s strategy is based on the principle of the effectiveness of rights. This concept is not limited to questioning laws, assessing their ability to change reality and facilitate citizens' access to their basic human rights, especially through litigation. Extra-legal factors should be also taken into account.

By implementing the principle of effectiveness of rights, the CNDH aims at being an effective and accessible redress mechanism and a space for meaningful debate to promote pressing human rights issues.

These Partnership agreements were signed on the occasion of the inauguration of the new administrative compound of the Bar Association to the Appeal Courts of Agadir, Guelmim and Laayoune.

Minister of Justice and national /local judicial, administrative and human rights personalities took part in this event.

CNDH SHARES ITS EXPERIENCES AND EXPERTISE WITH THE LIBYAN NHRI DELEGATION

As part of the reinforcement of its international cooperation with National Human Rights Institutions (NHRIs), the National Human Rights Council (CNDH) organized a training session for members and officials of the Libyan NHRI, from 23 to 25 March 2021 at the Rabat Institute for Human Rights – Driss Benzekri.

In her statement at the opening session, Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), welcomed the positive developments in Libya leading to establish democratic and political institutions. She affirmed that the CNDH is committed to providing support to build the Libyan NHRI. Mrs. Bouayach also added that this training is a forward-looking step to develop and establish structured bilateral cooperation to share experiences on NHRIs and their mandates.

CNDH Chairperson shed light on the importance of these institutions’ actions that contribute to ensuring stability and their role in protecting and promoting human rights. They constitute a bridge between the State institutions and civil society in addressing issues related to human rights.

For his part, Mr. Mohamed Ramadan AlHashimi, Administrative Secretary-General of the Libya NHRI, welcomed the CNDH initiative to support building the Libyan NHRI by strengthening the capacities of its staff and members. He expressed his hope for fruitful cooperation and partnership with the CNDH to support the Libyan institution in the current conditions of his country.

The program of this training focuses mainly on international instruments and mechanisms for the protection of human rights, monitoring and visiting places of deprivation of liberty, handling complaints, monitoring the human rights situation through the media, adapting national legislation to international standards, elaborating reports and memorandums, the process of submitting application and documentation of the accreditation of the Global Alliance of National Human Rights Institutions (GANHRI), in addition to the relationship of NHRIs with Parliament within the framework of the implementation of the Belgrade Principles.

Special Commission for the Accreditation of Election Observers held its first meeting

The Special Commission for the Accreditation of Election Observers approved its Rules of Procedures, Accreditation application form, call for application and Observation ethics Charter.

The Commission also discussed its action program within the framework of the launch of the call for observers applications for the upcoming electoral process immediately after fixing the election date.

The Commission approved the proposal of Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), in her capacity as Chair of the Special Commission for the Accreditation, to consult every person it deems appropriate on the elections observation issues relating to gender, persons with disabilities, Amazigh language and actors working on democracy and human rights.

The CNDH is updating the Commission’s website to be available in five languages: Arabic, Amazigh, French, English and sign language, to accompany the election observation process and the accreditation of observers.

The first meeting of the Special Commission for the Accreditation of Election Observers was held on Tuesday 23 March 2021 at the CNDH’s headquarters in Rabat, Morocco. It is part of the preparation of the independent observation process for the upcoming elections. Representatives of the government and members of associations represented in the CNDH participated in this meeting.

To be noted, Law No. 30-11 on the terms and the conditions of the independent and impartial election observation, published on 6 October 2011, stipulates the establishment of the Special Commission for the Accreditation of Election Observers. It also mandated the Special Commission to receive, review and decide on the accreditation applications, issue cards and badges to accredited observers, and draft the observation charter that includes fundamental principles and rules for election observation.

The Special Commission for the Accreditation of Election Observers is chaired by CNDH Chairperson and assigned 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.

Fourth Regular Session of the CNDH General Assembly

The General Assembly of the National Human Rights Council (CNDH) held its fourth regular session, in attendance and online, on Friday 19 March 2021, following the requirements of the new law No. 76-15 relating to the CNDH organization.

At this session, the General Assembly approved:

- The preliminary report on the Framework Bill No. 09-21 on social protection, to be considered in the CNDH recommendations at the elaboration of the relevant laws;

- The study report on the protest movements in Morocco aiming at elaborating recommendations to accompany expanding the guarantee of peaceful demonstration;

- A draft report on the human rights situation for the year 2020 during the COVID-19 crisis, in accordance with Article 35 of the new law relating to the CNDH organization.

Milestones between the two sessions (4 December 2020 - 19 March 2021)

In addition to the actions of the Standing Committees, National Mechanisms, Regional Commissions, and the CNDH Bureau meetings, the CNDH:

- Followed up on issues raised in the public space on allegations of violations, dialogues and discussions;

- Followed up on cases of detainees on hunger strike through conducting regular visits to various prisons;

- Organized several meetings and debates on National Mechanisms for the Prevention of Torture (NPM), through which the CNDH called for the establishment of NPMs network;

- Organized an international meeting on Business and Human Rights with 95 participants, including the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises;

- Launched a set of regional meetings on the effectiveness of the right to health, combating violence against women, political equity, etc.

- Participated in the 46th session of the Human Rights Council meetings focusing mainly on the abolition of the death penalty (as part of the Biennial high-level panel), combating torture, protection of the rights of persons with disabilities and protection of children in a situation of conflict;

- Interacted with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence;

- Interacted with the Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on Migration.

GANHRI Working Group on BHR: CNDH leads an online consultation on “NHRI’s Actions for the next decade”

The National Human Rights Council (CNDH) is organizing an online consultation on “Actions of National Human Rights Institutions (NHRI) for the next decade” on Tuesday 18 March 2021, which will be hosted by the Working Group on Business and Human Rights (BHR) of the Global Alliance of National Human Rights Institutions (GANHRI), with the support of the United Nations Development Program (UNDP).

This consultation is part of the BHR Working Group’s mandate to promote the United Nations Guiding Principles on Business and Human Rights (UNGPs) embedded in its 2020-21 action plan.

This event is also a continuance of the global multi-stakeholder consultations, ranging from civil-society networks in Europe, North America, Latin America and Africa, to business associations, investors and those that engage with them, European governments, lawyers, NHRIs, etc.

In this regard, this consultation aims to further drive and scale up the implementation of the UNGPs more widely over the next 10 years. This project takes stock of achievements to date, reviews existing gaps and develops a vision and a roadmap for effective implementation of these principles for the decade ahead.
It will also be an opportunity for participants to share their opinions on the role of NHRIs and their contribution to ensuring corporate respect of human rights.

Representatives of the UNDP and the four regional networks of NHRIs (from the Philippines, France, Malaysia, Kenya, Ecuador, Australia, Colombia, Rwanda, Mexico, Germany, Denmark, India, Malawi and Morocco) will take part in this consultation.

They will share their experiences on the role of NHRIs in implementing National Action Plans; the role of NHRIs in driving Human rights Due Diligence process; the role of NHRIs in facilitating access to remedy for business-related human rights abuses; and the role of NHRIs in developing transnational cooperation along the supply chains.

This event is a direct contribution of the BHR Working Group to the UNGPs10+ project, along with the report that will be submitted to the Human Rights Council (HRC) in June 2021; a date that will mark the 10th anniversary of the adoption of the UNGP by the HRC. The UNGPs constitute a globally recognized authoritative framework that assigns responsibility to states and businesses to prevent and address business-related human abuses.
These principles embed the "protect, respect and remedy" pillars, and carries a vision of “tangible results for affected individuals and communities, and thereby contributing to a socially sustainable globalization.”

Mrs. Amina Bouayach, CNDH Chairperson, Mr. Livio Sarandrea, Global Advisor on Business and Human Rights-UNDP, and Mr. Dante Pesce, Chairman of the United Nations Working Group on the issues of human rights, transnational corporations and other business enterprises will participate in the opening session of this event.

CNDH PARTICIPATES IN THE INTERNATIONAL SEMINAR ON HUMAN RIGHTS AND DIGITAL CHALLENGES

Mrs. Amina Bouayach, President of the National Human Rights Council (CNDH) took part, on 16 March 2019 in Rabat, Morocco, in the opening session of the international seminar on “Human rights and digital challenges” which was organized by the Islamic world Educational, Scientific and Cultural Organization (ICESCO) and the Moroccan Ministry of State for Human Rights and the Relations with Parliament.

In her statement, CNDH Chairperson stressed that the Internet had become a human right. Accessing online social platforms had become one of the tools to enjoy these rights. The question of using these platforms and encouraging them to become a “public service” is at the heart of international human rights debates. It is an indicator to measure the extent of ensuring freedoms, she added.

Mrs. Bouayach shed light on the importance of developing critical thinking among the emerging generation, promoting media education, and reinforcing capacities to deconstruct speeches/discourses and their new forms to immune individuals and society from the dangers of digital space.

This international seminar aims to expand the framework of partnership related to protecting human rights in the digital space, to start dialogue and share experiences among stakeholders, as well as to contribute to developing member states' mechanisms in the field of protecting human rights in the digital space.

It is part of the completion of the process related to uniting efforts and building partnerships to elaborate legal systems that frame the use of modern technology and face the challenges related to the rights of individuals imposed by the digital world.

Mr. Mustapha Ramid, Minister of State in charge of Human rights, Mr. Mohamed Abdennnabaoui, Head of Public Prosecution and national and international experts took part in this event.

INTERACTIVE MEETING BETWEEN THE CNDH AND CHILDREN AS PART OF THE IMPLEMENTATION OF THE PRINCIPLE OF PARTICIPATION

As part of the implementation of the principle of participation, Mrs. Amina Bouayach, President of the National Human Rights Council (CNDH) met with a group of children on Wednesday 10 March 2021, at the CNDH headquarters in Rabat, Morocco.

This meeting aims at interacting with children on their perceptions, suggestions and expectations related to protecting and promoting children's rights.

Mrs. Bouayach stressed that the participation of children is a priority for the CNDH.

The National Child Redress Mechanism also held an interactive meeting with children to present the Mechanism’s missions and ways of accessing it.

In this context, the Mechanism’s members shed light on the Mechanism’s missions stated in the CNDH new law 76-15 relating to its organization. The Mechanism missions are: receiving complaints submitted directly or indirectly by children victims of the violation, conducting all investigations related to the complaints, and organizing hearings for the parties concerned with the violation, as well as self-tasking initiative to any cases reported on violation of the rights of the child.

At this meeting, children interacted significantly with stakeholders and presented their views, suggestions and opinions on the rights of the child, in general, and on the means of communication and access of various groups to the Mechanism, in particular.

CNDH organizes a seminar on Economic and Social Rights in the Constitution

The National Human Rights Council (CNDH), through its Standing Committee on Protecting and Monitoring Human Rights Violations, is organizing an online seminar on the Economic and Social Rights in the Constitution, on Monday 08 March 2021, starting at 6.30 pm.

This seminar aims to contribute to enhancing discussion among various actors and stakeholders on the effectiveness of the economic and social rights stipulated in the 2011 Constitution. It also intends to encourage public dialogue aiming to promote these rights.

Discussion in this event will focus on: Economic rights through international agreements; Economic and social rights through the 2011 Constitution; and Economic and social rights from constitutionalism to effectiveness.

Mr. Ali Karimi, CNDH will moderate this event.

Mr. Mohamed Amarti, member of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) and President of the Regional Human Rights Commission in the Oriental Region, Mr. Hamid Belghith, Professor at the Faculty of Law Rabat- Morocco, and Mr. Abdelrrahim Erramah, former parliamentarian, social and trade union activist will take part in this seminar.

To be noted the 2011 Constitution underlined the importance of economic and social rights, particularly in its Article 31, which stipulates the commitment of the State, public institutions, and local authorities to mobilize all means available to facilitate equal access of citizens to their economic and social right to healthcare, social protection, medical coverage, mutual insurance, education, adequate housing, work and water, etc.

CNDH CALLS FOR THE ESTABLISHMENT OF AN AFRICAN NPMS NETWORK TO STRENGTHEN COOPERATION IN AFRICA IN THE CONTEXT OF THE PANDEMIC

The National Human Rights Council (CNDH) as the National Mechanism for the Prevention of Torture (NPM) of Morocco and the Association for the Prevention of Torture (APT) organized a regional webinar entitled “African NPMs, opportunities and challenges during and after the COVID-19 pandemic” on Friday 5 March 2021 on the occasion of the 46th session of the UN Human Rights Council.

Mrs. Amina Bouayach, CNDH Chairperson called for the establishment of an African NPMs network to achieve zero torture and zero degrading treatment of prisoners in places of deprivation of liberty. She also underlined the need to strengthen cooperation in the African continent in this field, especially in the context of the COVID-19 pandemic.

At the opening session of this regional webinar, Mrs. Bouayach stated that the CNDH, through its NPM, is convinced of the need to enhance the efficiency and effectiveness of NPMs in the daily exercise of their functions, and to develop coordination level among them to overcome the challenges exacerbated by the pandemic.

She also affirmed the conviction of the CNDH and the APT that the pandemic has evolved from a health crisis to a multi-dimensional one that does not cease testing all national and international protecting human rights systems.

For her part, Mrs. Suzanne Jabbour, Chair of the Subcommittee on Prevention of Torture (SPT), stressed the need to empower African NPMs to conduct their missions in these pandemic circumstances. She also called on these national mechanisms to consolidate their achievements, despite the circumstances of the pandemic and share their experiences to improve their performance in the future. In the same context, Mrs. Jabbour underlined the importance of the rights to vaccination of prisoners in places of deprivation of liberty.

For his part, Mr. Mohamed Benajiba, NPM- Morocco Coordinator, noted the circumstances of the NPM visits since the end of April 2020. 15 field visits were conducted to several places of depreciation of liberty in Morocco: prisons in Tetouan, Tangier, Dakhla, Bouizkarn and Laayoune, Child Protection Center in Casablanca, police stations In Rabat, Casablanca, Dakhla and Laayoune, Royal Gendarmerie Centers in Dakhla and Guelmim, and Elderly Center in Settat. Geographical distribution and type of groups were taken into account in choosing these places.

Mrs. Barbara Bernath, APT Secretary-General confirmed that the mechanisms have continued to monitor and visit places of deprivation of liberty, knowing that they have a huge responsibility to find out what is happening inside these places in these pandemic conditions. She also called for strengthening the prevention of torture in the African continent.

NPMs representatives from Rwanda, South Africa, Niger, Comoros, Mauritania and the Democratic Republic of the Congo were agreed that the pandemic conditions did not prevent these mechanisms from carrying out their missions related to visiting places of deprivation of liberty, despite the lockdown and health emergencies imposed by authorities.

Participants were also unanimously agreed on the need to provide the necessary support and means to empower African NPMs to play their role related to preventing torture in places of deprivation of liberty, as well as sharing best practices among them to develop and improve their actions.

Facebook link to the webinar: https://fb.watch/44vBKwPeyn/

Download the CNDH Chairperson statement (Available in French)

International Women’s Day: Amina Bouayach is chosen among five women human rights defenders #ISTANDWITHHER

Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), was chosen among five women leaders to share her experience, journey/story as part of the #IStandwithher campaign on the occasion of the International Women’s Day (IWD) 2021 which is being celebrated this year under the theme “Women in leadership: Achieving an equal future in a COVID-19 world”.

The Office of the United Nations High Commissioner built on its #IStandwithher campaign to highlight the tremendous efforts of women and girls around the world to shape a more equal future and better recover from the COVID-19 pandemic, through the lens of women who lead.

Given her rich and electric career in journalism, politics and human rights, she was identified among the defenders of human rights who demand a more equal post-pandemic world. A world that fights discrimination and recognizes the value of human beings. Mrs. Bouayach and her colleagues are constantly pushing for quotas for women in political representation. She is also focused on advocating for equal access to education for women and girls in Morocco, the abolition of child marriage and the improvement of the human rights of women and girls with disabilities.

She was the first woman to head a non-governmental organization in Morocco and the first women who chair the Moroccan National Human Rights Institution.
In her message to the #IStandwithher campaign, Mrs. Bouayach stressed the importance of persistence in her fight to defend human rights. “One important thing I have learned throughout this is the value of conversation and consultation,” she explained. "What guides me is persistence, which helps convince others and move forward and implement my ideas," she added.

Besides, she also believes that countries should act collectively, instead of their interests. “When you take a universal approach, you can find answers to the most complex questions of humanity.”

Within the same context, Mrs. Michelle Bachelet, High Commissioner for Human Rights, highlighted, in her video statement, the importance of the meaningful participation of women leaders to better recover from the COVID-19 pandemic. Their contribution is essential to face many challenges today. Women still hold less than 25% of seats in national Parliaments and less than 30% of senior management roles. “The world needs all of its best talents,” she explained.

The #IStandwithher campaign chose five women leaders who have participated in the fight against the COVID-19 pandemic: Cleo Kambugu, Activist for transgender and sexual minorities, Director of programs for UHAI EASHRI, Uganda, Amina Bouayach, CNDH Chairperson Morocco, Mitzi Tan, Convenor, Youth advocates for climate action, the Philippines, Editar Ochieng, Leader of Feminist for Peace Rights and Justice Center, Kenya and Maria de Luz Padua, Secretary-General of the Union of Domestic Workers, Mexico.

Link to the full article
Link to the video of Ms. Michelle Bachelet, United Nations High Commissioner

Photo from the OHCHR website