Election of the CNDH as Subcommittee for Accreditation Chair
On Monday, 7 December 2020, the National Human Rights Council (CNDH) was unanimously elected as Subcommittee on Accreditation (SCA) Chairperson, for a one-year term, renewable twice. The Subcommittee session will start remotely from 7 to 17 December 2020. This session was scheduled for last March and was postponed due to the Covid-19 pandemic.
The SCA is the most important body within the Global Alliance of National Human Rights Institutions (GANHRI). It reviews and assesses accreditation applications from 113 National Human Rights Institutions (NHRIs) around the world. Thus, the SCA is the only international body empowered to decide on the independence of NHRIs and their accordance with the Paris Principles, under the rules of procedure of the GANHRI.
It submits its recommendations to the GANHRI Bureau on the accreditation status that it proposes, as well as summaries of the NHRIs’ actions subject to review. It adopted as references: the United Nations Paris Principles and the SCA General Observations, which are considered as an interpretation tool of these principles.
The SCA is composed of four NHRIs accredited with "A" status. These NHRIs are required to be in full compliance with the Paris Principles, which were adopted by the United Nations General Assembly in 1993. It represents four regional groups: Africa, Europe, Asia Pacific and the Americas. The CNDH represents the African region within this Subcommittee, besides national institutions from Canada, France and Palestine.
In addition to these members who have the right to vote, the SCA is also composed of four other institutions that have the alternate member status, as well as permanent observers: the United Nations High Commissioner for Human Rights, which also serves as the secretariat to the GANHRI and its SCA; and the regional networks of NHRIs and the GANHRI.
The SCA holds two sessions per year at which it assesses the extent to which laws and practices of NHRIs from around the world comply with the Paris Principles. It also prepares a comprehensive report on their work after the end of each session.
CNDH’s Third General Assembly: An additional recommendation to the Memorandum on the new Development Model
The General Assembly (GA) of the National Human Rights Council (CNDH) held, remotely, its third regular session, on Friday 4 December 2020, following the provisions of Law No. 76.15 related to the reorganization of the institution.
The GA approved an additional recommendation to the CNDH’s Memorandum on “The effectiveness of rights and freedoms in Morocco... For a new social contract” related to evoking history and preserving memory in the development process. Earlier last March, the GA approved in its second session, the Memorandum submitted by the CNDH to the Special Committee on the Model of Development.
The CNDH intended through this recommendation to stress the importance of preserving memory and promoting Moroccan history in all its tributaries to elaborate the new development model.
At this 3rd session, the GA also approved the CNDH's annual draft budget for the year 2021.
Furthermore, the GA deliberated on axes of the draft annual report on the situation of human rights for the year 2020. In this regard, CNDH’s members stressed the great importance of this report, given the circumstances imposed by the pandemic crisis and its consequences, which could limit the actual enjoyment of all rights and freedoms.
The program of the GA included presenting a report on the CNDH Bureau actions during the period from March to last November. It also scheduled reports on the activities of the permanent committees and national mechanisms. At this GA, stakeholders also presented a report on the installation of members of the CNDH’s regional commissions (between September 7 and October 27, 2020), during which the CNDH completed its institutional structure to enable regional commissions to conduct, as proximity mechanisms, their missions related to preventing violations, protecting, and promoting human rights, and interacting directly with citizens.
At the beginning of this session, the GA members paid respect to the memory of the two CNDH’s members who died after the last session: the late Ajmiaa Haddad and the late Mustapha Raïssouni.
They also congratulated the CNDH’s members and experts who had been elected by various UN bodies, where the Kingdom of Morocco became represented in eight contractual mechanisms and bodies out of 10.
Milestones between the two sessions (coincided with the lockdown period and the state of emergency)
In addition to the actions of permanent committees, national mechanisms, regional commissions, and the CNDH bureau meetings, the CNDH during this period did:
- Conduct advocacy missions on supporting groups suffering from vulnerability during the lockdown period, including women victims of violence, people with disabilities, migrants and refugees;
- Publish a call on business and human rights as entrepreneurs manage economic measures during the pandemic period;
- Call for a vote in favor of the UN recommendation to stop the death penalty;
- Submit an opinion on the draft Law No. 46.19 of the National Authority for Probity, Prevention and Fight Against Corruption;
- Submit a memorandum on draft Law No. 72-18 on the system related to targeting beneficiaries of social support programs and the establishment of the National Register Agency;
- Hold meetings with executive, judicial and elected authorities at the regional level;
- Interact with the Global Alliance of National Human Rights Institutions (GANHRI) and the UN agencies through the participation of the CNDH Chairperson, members and staff in debates and interactive meetings, in addition to the submission of thematic and progressive reports on the management of the Covid-19 pandemic by public authorities;
- Launch a campaign as part of the international campaign against violence against women and girls;
Participate and interact in the General Assembly of the GANHRI on: its best practices during the pandemic; the climate change; the approval of the 2019 annual report of the alliance, which highlighted the contribution of the CNDH in several areas at the regional and global level; the implementation of the CNDH’s recommendation on the establishment of a working group on women's rights and gender integration;
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CNDH launches a campaign to combat effectively all forms of violence against women and girls
The National Human Rights Council (CNDH) is launching a campaign to ensure the effective fight against all forms of violence against women and girls starting from Wednesday, November 25, 2020. The CNDH is organizing national and regional workshops aiming at deepening reflection and developing possible tools to improve the situation of women and girls and reduce violence against them.
This campaign is part of the “16 Days of Activism Against Gender Violence”; the international event that begins annually on November 25 (the International Day for the Elimination of Violence against Women), and ends on December 10 (the International Human Rights Day).
The CNDH’s campaign aims to assess the effectiveness and efficacy of the legal and institutional frameworks to stop violence against women and eliminate their exclusion. It also intends to ensure social protection for women in a vulnerable situation, as well as to deepen the understanding of entry points that would strengthen policies and measures aiming at empowering women economically and guarantee their health care, education and basic social services.
This campaign will also be an opportunity to strengthen the capacities of actors on a proper approach centered on survivors of violence and ways to reduce it.
The CNDH, through its regional commissions, will launch consultations and workshops at the regional level, in full respect for the precautionary measures imposed by the pandemic. These activities aim to be an opportunity to share insights with experts and key actors on ways to take care of survivors of violence, to provide a concrete answer against this phenomenon, especially in the context of the Covid-19 pandemic. They also aim to enhance preventive efforts by various sectors and elaborate a unified and coherent vision aiming at the prevention and protection from violence and taking care of the victims of women and girls.
Within the same framework, this campaign will be an occasion to enhance the capacities of law enforcement officials in terms of implementing the contents of national legal texts, especially Law 103-13 on the Elimination of Violence against Women and the Criminal Law in accordance with relevant international standards. In this regard, the CNDH is launching officially, on Wednesday, November 25, 2020, the “Help” training on "Combating violence against women and domestic violence: International and National Frames of Reference”. This training intends to provide lawyers with a pedagogical toolkit to combat violence against women. It also aims at assisting them in acquiring the legal and normative frameworks to guarantee the rights of women survivors of violence and mechanisms to take care of them in line with the normative standards.
The proceedings of this training will be inaugurated by Mr. Mounir Bensalah, CNDH Secretary-General, Mr. Michael Ingledow, Head of the Council of Europe Office in Morocco, and Mr. Omar Oudra, President of the Bar Association in Morocco.
From the evening of November 25, 2020, to December 10, 2020, the CNDH’s building will be lit in orange, which symbolizes the International Day for the Elimination of Violence against Women and girls.
CNDH submits its opinion on Bill 46-19 on the National Authority for Probity, Prevention and Fight Against Corruption
Following the House of Representatives Speaker request on October 6, 2020, the National Human Rights Council (CNDH), submitted its opinion on draft Law No. 46-19 related to the National Authority for Probity, Prevention and Fight Against Corruption.
The submission of the CNDH opinion is part of the implementation of Articles 24 and 25 of Law No. 76-15 on the CNDH reorganization. Article 24 states that the Council proposes any recommendation it deems appropriate… The CNDH Chairperson submits it to the two Speakers of the two Houses of the Parliament and the competent government authorities. Article 25 is related to expressing opinions on draft laws and proposals related to human rights, etc.
The CNDH’s opinion includes observations and recommendations. They aim to contribute to enhancing the consistency of the draft law text with the human rights achievements founded by the Kingdom’s Constitution in letter and spirit. They also intend to contribute to harmonizing the draft law with the international human rights standards and best practices.
Besides, they aim to strengthen the requirements of the text with contents that would effectively guarantee the promotion of the Authority mandate and its exercise. This should ensure the effective implementation of the law in combating corruption, considering this latter a human rights violation. Corruption is also a major cause for the weakness of the effectiveness of rights in Morocco. It is one of the obstacles that prevent citizens from accessing their economic and social rights effectively.
The CNDH opinion includes nine observations and recommendations aiming, mainly, at strengthening the mandate of the Authority in fighting corruption and scrutinizing some legal requirements.
Based on a comparative study of institutional formulas adopted in combating corruption around the world, the CNDH concludes that there are three major models. They range from preventing corruption to combating it or combining both.
The CNDH finds that the assignment of monitoring and investigating corruption issues is the common denominator among all models in which anti-corruption bodies carry out powers through law enforcement.
However, the CNDH recommends strengthening the Authority’s mandate in the field of combating corruption, especially with regard to receiving notifications, complaints, information, and conducting investigation procedures.
Furthermore, the CNDH recommends defining the Authority's jurisdiction and clarifying more precisely the limits of the overlapping jurisdiction with the judicial authority’s one. It also recommends providing for the Authority’s own means and procedures that enable it to automatically address cases of corruption and empower it to conduct investigations it deems necessary and appropriate under its responsibility.
The CNDH considers that this Bill’s provisions are an opportunity to develop some aspects of the national legal arsenal related to fighting corruption, especially the penal code and penal procedure code. Consequently, it will enhance complementarity between anti-corruption efforts and strengthening guarantees to protect human rights, etc.
Download the CNDH’s opinion on Bill No. 46-19 (Available in Arabic)
Morocco: implementation of NPM’s plan of action - preliminary assessment
Chairperson of Morocco’s National Human Rights Council (CNDH) Ms Amina Bouayach chaired on Wednesday 28 October 2020 a meeting with the National Preventive Mechanism against Torture (NPM). Dr. Mohamed Benajiba, NPM Coordinator, and Ms Aicha Naciri, NPM member, both attended this meeting, along with the experts who work the Mechanism.
The discussions focused particularly on the activities of the mechanism and its action this year, in addition to its human and financial resources and logistics. The participants also exchanged on the conditions under which were conducted the NPM’s twelve (12) visits to the different places of detention, namely to:
- Prisons in the cities of Tetouan, Tangiers, and Dakhla;
- The juvenile or child protection center in Casablanca;
- Police stations in the cities of Rabat, Casablanca, and Dakhla;
- A Royal Gendarmerie station in Dakhla, and;
- An elderly care institution in Settat.
The NPM took into account the different regions in Morocco and the different groups of people deprived of their liberty, in choosing which places of deprivation of liberty to visit.
The visits were conducted from April to the late September 2020, in a context marked by the COVID-19 pandemic and its repercussions on the different groups of people deprived of their liberty. The NPM drafted visit reports and is planning follow-up visits, to assess the implementation of the observations and recommendations it made to the relevant authorities.
The NPM’s annual reports, including outcome of activities, will be annexed to the CNDH's annual report, as provided for in the new CNDH founding law 15.76.
The National Human Rights Council commends the positive cooperation of the authorities administering the visited places with the National Preventive Mechanism against Torture.
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Morocco’s National Human Rights Council was designated as the National Preventive Mechanism, in fulfillment of Morocco's international obligations, particularly the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The NPM coordinator and members were appointed in September 2019, during the Council’s first General Assembly, as provided for in the new founding law 15.76.
Al Hoceima Museum: For the Rif region, enriching Morocco's history and the common Moroccan memory
As part of the implementation of the strategy of the National Human Rights Council (CNDH) regarding the follow-up of the implementation of the recommendations of the Equity and Reconciliation Commission (IER) in its section related to preserving memory, Ms. Amina Bouayach, CNDH Chairperson, held a meeting with partners working on the establishment of the Al Hoceima Museum on Thursday morning, October 15, 2020, at the headquarters of the CNDH. This meeting was attended by representatives of the Ministry of the Interior, the Ministry of Culture, the Head of the Municipal Council of Al Hoceima, and the Tangier-Tetouan-Al Hoceima Region, as well as the Architectural Office in charge of implementing this project.
This meeting is part of the new process of the establishment of the Al Hoceima Museum and its acceleration, following the submission of the proposals request related to the museum study on its establishment.
Ms. Bouayach declares that the CNDH aspires to the Al Hoceima Museum to be a model to the rest of Morocco and to represent a pillar and depth of the Moroccan memory with its economic, cultural, and environmental manifestations by appreciating the tangible and intangible components of the Rif region. The CNDH wishes that the establishment of the Al Hoceima Museum will enhance interest in the memory of this region (study and documentation), considering that it is one of the building blocks that enrich Morocco's history and its common memory. The memory is a light and an understanding of past events. It is a light that illuminates the future and inspires best practices at all levels, she added.
The next steps to complete this project are mainly: the elaboration of scenographic and museum studies on the preparation and rehabilitation of the building; starting conditioning work, technical settlement and furnishing works; and starting researches and acquisition of the main exhibition supports (collections of antiques, heritage materials, etc.);…
In addition to following up on the implementation of the recommendations of the IER, the philosophy of the establishment of the Al Hoceima Museum is part of the constitutional requirements that His Majesty King Mohammed VI summarized in his speech in the Meeting of the International Council in 2011. The King of Morocco stressed the need to preserve the Moroccan collective memory as a fundamental building block to complete the structure of a democratic society, to strengthen Moroccans' reconciliation with their history, and to overcome the previous flaws to immune their present.
To be noted, the two partnership agreements were signed in 2019: the first one with the Regional Council of Tanger-Tetouan-Al Hoceima and the Ministry of Culture, and the second with the Municipal Council of Al Hoceima as part of the project to establish the Al Hoceima Museum.
Launching Conference of the project: “The Effectiveness of the right to health in Morocco: Towards a health system based on a human rights approach”
The National Human Rights Council (CNDH), in partnership with the Konrad-Adenauer Foundation (KAS), will organize a conference to launch the project on the "Effectiveness of the right to health in Morocco: Towards a health system based on a human rights approach”. This conference will be held on Wednesday, October 14, 2020, from 9 am at the headquarters of the CNDH.
This project is part of the exercise of the CNDH powers as a national institution for the prevention, protection, and promotion of human rights, given the multiple dysfunctions that weigh on the capacity of the Moroccan health system to guarantee the right of access to health care for all. This project is also launched in perspective to capitalize on lessons learned from the health crisis caused by the pandemic (Covid-19).
This project provides an opportunity to all stakeholders as well as national and international partners to debate and exchange on ways to reform the Moroccan health system, in the light of difficulties hindering access to the right to health.
It also aims to advocate for an integrated, transversal, inclusive, and convergent national health strategy. This later would be able to guarantee the right to health to all and address social and territorial inequalities that hinder the enjoyment of this right by all.
Health Regulators, the network of NGOs working on health, and trade unions will participate in this conference.
The program of this event will schedule two panels on the exploration of ways to reform and improve the effectiveness of the right to health. It will be concluded with a Synthesis and presentation of the program of the regional debate.
This collective debate will culminate in a final report, which will provide a roadmap for a comprehensive reform of the health system in post-Covid Morocco.
Ms. Amina Bouayach, CNDH Chairperson, Mr. Khalid Ait Taleb, Minister of Health, Ms. Maryam Bigdeli, World Health Organization (WHO) Representative in Morocco, and Mr. Steffen Kruger, Director of the Konrad Adenauer Foundation will take part in the inaugural session of this event.
This event will be live on the CNDH facebook page.
CNDH’s strategy on memory preservation and collective reparation
The President of the National Human Rights Council (CNDH), Ms. Amina Bouayach, announced some elements of the CNDH’s strategy on the follow-up of the implementation of the recommendations of the Equity and Reconciliation Commission (Moroccan Truth Committee known under its French acronym IER) regarding the preservation of memory and collective reparation. This announcement was made at the ceremony of the new members of the Regional Human Rights Commission of Draa-Tafilalet Region (CRDH) on Thursday morning, October 8, 2020, in Errachidia, Morocco.
Ms. Bouayach decided to announce these elements of the CNDH’s strategy in the Draa-Tafilalet Region considering the historical and human rights symbolism and the reconciliation model in this region.
On this occasion, the CNDH Chairperson stated that the aim of this strategy is manifested in three main levels: a human rights action by virtue of our responsibility as human rights defenders and initiators of launching the transitional justice process since more than 20 years ago, and our responsibility in terms of completing it based on human rights actions and not on ideology or specific political thoughts.
Our goal, Ms. Bouayach added, is to convert enforced disappearances and informal detention centers into cultural and social spaces, and memory-preservation centers. It means transforming them from disappearance and detention centers to spaces of life so that what happened will be unrepeated.
Pursuant to this strategy, the CNDH Chairperson and representatives of the relevant government departments and local authorities conducted a visit to be informed on the progress of the establishment of Tazmamart space. The CNDH President also stressed that the management of these facilities will be carried out in partnership and cooperation with the inhabitants and the NGOs of victims.
In the same context, the CNDH will continue conducting visits to other memory sites in Kelaat M’Gouna and Agdz (Moroccan cities in the Draa-Tafilalt region). Afterward, it will also conduct national field visits to various memory preservation places that suffered from violations in the past.
Next week, a meeting will be organized with partners of the establishment of Al Hoceima Museum, the rehabilitation of the cemetery of victims of the 1981 events in Casablanca, and the Nador cemetery to transform them from spaces of isolation to integrated ones with their local and national surroundings.
Besides, at the beginning of 2021, a detailed report will be published on the follow-up of the implementation of the recommendations of the IER regarding the preservation of memory and non-repetition, individual and collective reparation, as well as those related to legislative and institutional constitutional reforms.
Considering that human rights are field actions and reflections, an international symposium on memory preservation will be organized at the beginning of the next year, with the participation of the relevant parties, national and international actors and experts.
World day against the death penalty: Videoconference on the death penalty in Morocco, Law and practice
On the occasion of the World Day Against the Death Penalty, the National Human Rights Council (CNDH), the Moroccan Coalition Against the Death Penalty (know under its French acronym CMCPM), Together Against the Death Penalty (know under its French acronym ECPM), the Moroccan parliamentary network against the death penalty, the Network of lawyers against the death penalty, and the Network of journalists against the death penalty are organizing a videoconference on "The death penalty in Morocco: Law and practice”, on Tuesday, October 6, 2020, from 4 pm to 6 pm.
This conference is part of the project related to accompanying parliamentarians, national institutions, and civil society towards the abolition of the death penalty in key countries of the Middle East and North Africa (MENA) region. It is co-financed by the Delegation of the European Union in Morocco, the Agence Française de Développement (AFD), and the Swiss Department of Foreign Affairs.
This online event will be an opportunity to provide information on the current issues related to the death penalty in Morocco. Parliamentarians, NOGs representatives, technical and financial partners, legal professionals, as well as partners playing a role in accompanying Morocco towards the abolition of the death penalty will participate in this videoconference.
At this debate, stakeholders will address several axes, namely: Death penalty in law, Major issue of the reform of the Penal Code; Death penalty in practice, how effective the right of access to a lawyer; Death penalty, a philosophical approach; and The UN resolution calling for a universal moratorium on the death penalty.
Mrs. Amina Bouayach, CNDH Chairperson, Mr. Alessio Capellani, Deputy Chief of the European Union Delegation in Morocco, and partners’ representatives of this conference will take part in the opening session of this online conference.
A preliminary introduction on Morocco's international commitments and the death penalty will be presented by Mr. Ayat Mohamed, Special Advisor to the Prosecutor of the International Criminal Court (ICC) on the cooperation with the MENA Region and Member of the United Nations’ Committee of the Convention on forced disappearances.
The CNDH has always advocated and defended its position towards the abolition of the death penalty. On several occasions, the CNDH has called to adhere to the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty.
Registration:
https: //us02web.zoom.us/meeting/register/tZ0ud-6przktGtbkQM7_equyIVITZWl ...
After registering, you will receive a confirmation email with instructions for joining the meeting.
CNDH publishes its thematic report on Jerada protests
The National Human Rights Council (CNDH) publishes its thematic report on Jerada protest as part of its prerogatives as a national pluralist and independent institution. The CNDH deals with all issues relating to the defense and protection of human rights and freedoms and guarantees their enjoyment and promotion. It also deals with questions related to the preservation of the dignity, rights, and freedoms of citizens, collectively and individually.
The publication of this report is also part of the CNDH missions under Articles 4 and 5 of its new Law n° 76-15, particularly in the areas of monitoring, surveillance, and follow-up of the human rights situation at national and regional levels.
Adopted unanimously by the General Assembly of the CNDH, held from 6 to 8 March 2020, this report aims at monitoring, following up, and documenting these events and assessing their impact on rights and freedoms, in accordance with the international conventions ratified by Morocco and the guarantees provided by the Constitution and national legislation. This report also intends to provide proposals based on the human rights approach that would contribute to addressing issues related to the claims of Jerada protests on the one hand, and to further draw conclusions to prevent their recurrence in similar contexts on the other hand.
In the introduction of this report, the CNDH Chairperson, Ms. Amina Bouayach, underlines that Jerada protests are one of the manifestations of the transition issue from the mining stage in cities that depend on mining activities to after their depletion. These protests should be an opportunity to think about building a proactive national strategy to manage economic, social, and environmental transformations in Jerada and similar areas. This strategy should make the transition to after exploiting mines as an inevitable question, given that these mines have a hypothetical period of time to stop the production.
Hence, Ms. Bouayach adds that the CNDH draws attention to the necessity to adopt a strategy based on early warning regarding violations of economic and social rights, given the consequences that may result from them, which may sometimes lead to social tensions. Proactive and early actions are of particular importance to ensure that appropriate preventive measures are taken to protect civil peace.
This report was drawn up during the period between December 2019 and February 2020 with the considerable contribution of the Regional Human Rights Commission in the Oriental region (CRDH). It provides all the available data, including those related to trial observation, monitoring, follow-up and interaction with the relevant authorities, civil society, and the affected groups.
29 conclusions and 36 recommendations were elaborated in this report based on the human rights approach and the follow-up and monitoring conducted by the CRDH of the Oriental region of different forms of manifestations and protests in Jerada. They are also based on the CNDH’s monitoring of the protests and claims of the population.
Recommendations issued by the CNDH are divided into general and specific recommendations addressed to public authorities, Parliament, and the Oriental Region, besides the recommendations on trial observation related to defendants connected with the Jerada protests.
Among others, the CNDH recommends respecting the right to protest peacefully and using an interpretation based on human rights regardless of the availability of the declaration or notification, while ensuring the development of guidelines for public authorities intervention in this area.
The CNDH also shed lights on the need to a national dialogue on business and human rights issue and the acceleration of the adoption of a national plan in this area, as part of the implementation of the provisions of the National Action Plan for Democracy and Human Rights (known under its French acronym PANDDH), in accordance with the relevant constitutional provisions and the United Nations Guidelines on Business and Human Rights.