CNDH intervenes (through its Commission of the Oriental Region) to guarantee the right to education for a child in Jerada

Following information published by a number media according to which a student, residing in Jerada, had been deprived of her right to education, the National Human Rights Council (CNDH), through its Regional Human Rights Commission of the Oriental region (CRDH), held a meeting with officials of the provincial department of the Ministry of National Education and with the family of the person in question. This meeting aims at verifying facts, collecting statements from persons in question, and intervening to protect the right of the student (A. A.) to access education.

In this context, a member from Jerada mandated by the CRDH of the Oriental region, held a meeting to collect statements from the student and her mother. They thus stated that the student had to interrupt her studies for health reasons and that the family submitted requests for the resumption of classes. However, they did not receive any correspondence attesting the acceptance of their requests. This could be explained by changing the student’s family address, following their relocation for family and social reasons. The student and her mother attributed the "rejection" of the student’s requests to her participation in the protests of Jerada which took place in late 2017 and early 2018.

In order to complete data and intervene to protect the student's right to education, the CRDH’s member held a meeting with the provincial director of the National Education. The latter specified that the pupil had not obtained the annual average which allowed her to move on to the next level, as she did not pass the continuous assessment due to her unjustified absence during the 2017-2018 school year. Besides, the student did not join the establishment where she was studying for the 2018-2019 school year.

In this regard, the provincial director of the National Education stressed that the right of the student to continue her studies is guaranteed and indisputable and that the opportunity to enroll is always available following the law and the relevant ministerial notes - whether at the “Al Azhar” school where she was studying, in other fifth-grade institution, or at the second chance school (informal education).

The provincial department of the Ministry of National Education is committed to receiving the student and her mother to complete the enrolment procedures and provide a definitive solution to this issue.

The student expressed her strong wish to continue her studies through the proposed alternatives, despite the 3-years interruption of studies. It is expected that the student will communicate her final choice (enrollment in the fifth year or the informal education) on Thursday, September 24, 2020.

The CRDH, through its meeting with the pupil and her mother, could understand the family and social circumstances that disrupted the school career of this student. To this end, the CNDH and its CRDH will make all the necessary efforts with the competent institutions to deal with the social aspect of this issue, to guarantee the right of the pupil to education under adequate conditions.

CNDH and NANHRI organise a webinar on "Protection and Promotion of human rights of migrants and refugees during COVID-19: Role and Practices of NHRIs"

In its capacity as Chair of the NANHRI working group on migration, the National Human Rights Council of Morocco (CNDH) and the Network of African National Human Rights Institutions (NANHRI) are organizing on Wednesday, September 9, 2020, from 1 p.m. to 2:30 p.m. a webinar on “Protection and promotion of the human rights of migrants and refugees during COVID-19: Practices and role of national human rights institutions”.

This activity is part of the implementation of Plan of action of the NANHRI Working Group on Migration, including the component on the Global Compact for Safe, Orderly and Regular Migration (GCM).

The panelists will deliberate on concrete examples of actions undertaken by the African Commission on Human and Peoples' Rights (ACHPR) , National Institutions for the Protection and Promotion of human rights, civil society and other stakeholders, at local, national, sub-regional, trans-regional and regional levels.

This webinar will be an opportunity to identify the challenges of the implementation of the GCM, especially the difficulties encountered by migrants and communities of countries of origin, transit and destination in the current context where the crisis of the Covid 19 pandemic has demonstrated that nobody is safe from Covid-19 and that solidarity is indispensable.

Ms. Amina Bouayach, Chairperson of CNDH Morocco and of the NANHRI’s WG on Migration and Mr. Gilbert Sebihogo, Executive Director of the NANHRI will take part in the opening session.

Ms. Maya Sahli Fadel, Special Rapporteur of the ACHPR on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, Ms. Hannah Foster, Executive Director of the African Center for Studies on Human Rights in Democracy (ACDHRS) and the representative of the International Organization of Migrants (IOM) will participate in this webinar.

NHRIs of Egypt, South Africa, Kenya, Nigeria, the Democratic Republic of Congo and Morocco will share, at the second session of this webinar, their experiences acquired in the protection and promotion of the rights of migrants since the start of the pandemic.

"Abderrhamane Youssoufi: Journey of an Exceptional Statesman"- Posthumous tribute

Morocco’s National Human Rights Council (CNDH) and Les éditions de La Croisée des Chemins publish a book to pay tribute to Ssi Abderrahmane Youssoufi, who passed away on May 29, 2020.

Edited by CNDH Chairperson Amina Bouayach, “Abderrahmane Youssoufi: Journey of an  Exceptional Statesman” highlights the extraordinary path of the late Abderrahmane Youssoufi, who was a genuine Moroccan statesman, an independence and human rights militant, a socialist leader, and a former prime minister.

« The initiative to bring together these eulogies to the late Youssoufi is not meant to capture and highlight each and every little detail in Ssi Abderrahmane’s life. It is meant, rather, to be a way to celebrate this artwork, made up of his life, his accomplishments and his legacy. The number of eminent public figures who wished to contribute to this book highly reflects the lives that was touched and influenced by Ssi Abderrahmane, the great esteem he enjoyed and the profound respect that so many people had for him, whether they have or haven’t been able to pay tribute to his soul in this book. »
Amina Bouayach, Chairperson of Morocco’s national human rights institution

Indeed, the edited book brings together contributions from twenty-five national and twenty international distinguished figures that had known or had accompanied Ssi Abderrahmane Youssoufi on his patriotic militant journey. In addition, there are some condolence letters from several stakeholders and photos that captured some important moments in his path. The main forty-five contributions/eulogies are written in five different languages: Arabic, Amazigh, French, English and Spanish. The list of contributors includes the following:

At the international level :

• Former heads of state: Messrs. François Hollande and Mohamed Moncef Merzouki;
• Secretaries-General of the United Nations, the Socialist International, and the Arab Maghreb Union: Messrs. Antonio Guterres, Luis Ayala, and Mohamed El Bakkouch, respectively;
• Former Prime Minister of Spain Mr. José Luis Zapatero;
• Former Speaker of the Tunisian Parliament Mr. Mutapha Ben Jaafar;
• Former ministres: Messrs. Lakhdar Ibrahimi, Jean-Pierre Chevènement, and Miguel Angel Moratinos;
• President of the Network of African National Human Rights Institutions Mr. Mohamed Fayek;
• Senators: Ms. Isabel Allende Bussi and Mr. Pedro Bofill Abeilhe;
• Human rights actors: Messrs. Hanny Megally and Maan Bashour;
• Intellectuals and journalists: Messrs.Domingo Del Pino, Pedro Canales, Bourhane Ghalioune, and Michel Kilou.

At the national level:

• Advisers to HM King Mohammed VI: Messrs. André Azoulay and Omar Azziman;
• Former Prime Minister Mr. Driss Jettou;
• Speaker of the House of Representatives Mr. Habib El Malki;
• Politicians: Messrs. Mohamed El Yazghi, Abdelouahed Radi, and Mohamed Bensaid Ait Idder,
• Former ministers: Mmes Nouzha Chekrouni, Aicha Belarbi and Messrs. Abdellah Saaf, Mohamed Aujjar, Fathallah Oualalou, Mohamed EL Hajjoui, and Mohamed Said Saadi;
• Presidents of national institutions: Messrs. Ahmed Lahlimi Alami, Driss Guerraoui, and Mehdi Qotbi;
• Diplomats: Messrs. Boughaleb El Attar and Mohamed Dahbi;
• Intellectuals and journalists: Ms. Jacqueline Loghlam (Zakya Daoud) and Messrs.
• Tahar Benjelloun, Abdelilah Belkeziz, and Mohammed Sassi;
• Civil society actors: Messrs. Mohamed Seddiki and Mohamed Karam.

« Each and every contribution/eulogy sheds light on one of the various aspects in Ssi Abderrahmane Youssoufi’s exceptional journey. He was a Moroccan statesman who acted, throughout his life, and was bounded by the idea of the principle, the duty and the discretion. He contributed to the history of Morocco and humanity and forever immortalized his name »
Amina Bouayach, Chairperson of Morocco’s national human rights institution

Download the book excerpt

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The effectiveness of rights and freedoms in Morocco… For a new social contract: CNDH Memorandum on the new development model

The National Human Rights Council (CNDH) submitted its Memorandum on the new development model to the Special Committee on the Model of Development as part of its contribution to the national debate on the new trends of the development strategy.

Entitled: “The effectiveness of rights and freedoms in Morocco… For a new social contract”, this memorandum was elaborated based on Article 2 of Law 76.15 on the reorganization of the CNDH which stated that the Council shall deal with all matters relating to the defence and protection of human rights and freedoms, guarantee their enjoyment and promotion, and safeguard the dignity, rights and freedoms of citizens, collectively and individually, in strict compliance with the relevant national and universal benchmarks.

This memorandum provides elements on the CNDH’s perception of the development strategy aiming at making the effectiveness of rights and freedoms an essential input to guarantee the right to development and placing it at the heart of the strategic choices of Morocco in the coming stages. It also aims at interpreting the CNDH’s strategy of action which is based on the effectiveness of rights and freedoms as approved at its General Assembly held in September 2019.

As evidenced by the methodology utilized to develop this memorandum, its contents and the proposed recommendations, the CNDH adopts a comprehensive approach to the effectiveness of rights and freedoms. This approach does not only exhaust the effectiveness in its purely legal dimension relating to the implementation of laws, insofar as it does attach utmost importance to the non-legal factors whether those related to economic, social and political factors, or those related to culture, values and sustainability. 
 
The memorandum explains that considering these factors in their overlapping and composition, as joint points of human rights and development, is the only guarantee of the right to development, as it is the first ultimate goal of the strategy of effectiveness of rights.

The second goal of this strategy, as defined in the memorandum, is reflected in the possible proposals in the process of eliminating territorial and social inequalities. These proposals contribute in enhancing the human rights dimensions of the intended new social contract, of which the new development model will be one of its manifestations.

Within this context, Mrs. Amina Bouayach, CNDH Chairperson, stresses that addressing imbalances restricting the effectiveness of rights and freedoms requires, mostly, the adoption of public policies with a concrete procedural nature and a measurable impact.

However, she adds, the ability of these policies and measures to achieve a deep and comprehensive change in setting respect for rights and freedoms as a starting point and a consequence of development choices at the same time, requires breaking with top-down approaches in dealing with these policies by establishing them on the basis of values’ system that govern relations among the various components of society.

The CNDH adopted a methodology based on identifying four major areas in developing this memorandum. These four areas focused on human rights and development to build the basis of a development model including the rights to development. They are related to: the values basis of the effectiveness of rights and freedoms; the need to re-prioritize to enhance access to fundamental rights; adopting development approach based on human rights; and finally the necessity to reshape the role of the State in promoting the effectiveness of rights and freedoms in the post-pandemic stage of COVID19.

The memorandum also provides an overview that identified obstacles to the effectiveness of human rights in Morocco. In this regard, five main elements are listed as follow: difficulties in interpreting the legal arsenal into actual guarantees to protect rights and freedoms; disparities in access to rights as a source of tensions; weak integration of human rights approach in development policies; limitation of values ​​of democracy, citizenship and civil behaviour; and sustainability issues.

Based on the above diagnostic elements, the memorandum provides a perception of pillars proposed by the CNDH to build alternative development options. These pillars are based on the following five foundations: the effectiveness of rights as a condition to achieve citizenship and renew the social contract; the adoption of a proactive approach to protect and promote rights and freedoms; the awareness of the overlapping of human rights and development; and the basis of values for the effectiveness of rights as a necessity to establish a new social contract.

To be noted, the CNDH adopted a participatory and inclusive approach to elaborate this memorandum which was approved in its second General Assembly in March 2020. This approach is based on consultation and exchanging with actors, researchers, experts and human rights defenders. This memorandum is also the outcome of meetings held by different CNDH’s structures at local, regional and national levels to provide a vision of the new development model from the perspective of the effectiveness of rights and freedoms and the contribution to design a new social contract based on human rights.

Download the Memorandum (Available in Arabic)

World Day against Trafficking in Persons: Amina Bouayach calls for developing expeditiously a national strategy to combat trafficking in persons…

Ms. Amina Bouayach, President of the National Human Rights Council (CNDH) , called for highlighting the contributions of those working on the frontline to end the crime of trafficking in persons.

She also called for dedicating a national tradition to honor all who works on the frontline to end this flagrant human rights violation and recognize the importance of their roles.

The CNDH Chairperson noted that the current situation made it imperative to accelerate the development of a national strategy to combat this serious crime, in line with a participatory approach open to all actors.

Ms. Bouayach’ calls are part of the commemoration of the World Day against Trafficking in Persons (30 July) , which is celebrated this year in these exceptional circumstances of the Covid 19 pandemic.

In her statement, the CNDH Chairperson also called for enhancing the participation of actors to rise awareness on this form of slavery, as part of combating this crime, especially in light of non-reporting cases of sexual exploitation (particularly against women and children) , forced marriage, and other crimes related to trafficking in persons.

To be noted, the National Commission to Combat and Prevent Trafficking in Persons * (which the CNDH is a member) noted that cases related to human trafficking crime in Morocco have increased since the entry into force of Law No. 14-27 on combating human trafficking in late 2016.

Following available data, cases related to trafficking in persons crime increased, at the national level, from 17 cases in 2017 to 80 cases in 2018. In 2019, they doubled to 151 cases. In the last three years, 585 people were prosecuted in human trafficking cases, including 144 women and 84 foreigners.

As for victims of trafficking in persons, they reached 719 persons. 283 of them were subjected to sexual exploitation and 58 persons were exploited in begging, while 35 persons were subjected to forced labor. National search warrants issued against suspects in these cases amounted to 137, and 443 people were placed under police custody measures.

At the international level, women represent 49% (while girls represent 23%) of the total victims of human trafficking in the world, according to the United Nations website on the International Day to Combat this Crime. In this framework, sexual exploitation is the most common phenomenon of exploitation. At the international level, it reached 59%, followed by forced labor with 34%.

Morocco strengthened its national legislation by issuing Law No. 14-27 on combating human trafficking. This law came into force on August 25, 2016. It defined the crime of human trafficking in line with the United Nations definition, as stated in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (The international reference framework to combat trafficking in persons, besides the Global Plan to Combat Human Trafficking, adopted by the United Nations General Assembly in 2010, and the 2030 Agenda for Sustainable Development Goals, which includes goals aiming to end trafficking in persons.)

* The National Commission to Combat and Prevent Trafficking in Persons, is a national mechanism established to coordinate actions to combat and prevent trafficking in persons on May 23, 2019. It is installed at the Presidency of the Government. The Commission is composed of representatives of 14 ministerial departments, 6 public institutions (including the CNDH) and representatives of civil society.

Bouayach and Benchemmas agree to strengthen cooperation between CNDH and House of Councillors

A meeting was held on Wednesday, July 22, 2020, at the House of Councillors at the Parliament, between Mr. Abdelhakim Benchemmas, Speaker of the House of Councillors and Ms. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH) , and her accompanying delegation.

Both parties focused at this meeting on examining ways to enhance cooperation between the two constitutional institutions, particularly through updating the Memorandum of Understanding signed by the two institutions in 2014.

Stakeholders also reviewed opportunities for strengthening the role of Parliament in the process of harmonizing national legislation with the international law.

In this regard, the two institutions agreed to update the aforementioned Memorandum of Understanding in the light of the new internal regulations of the House of Councillors and the new law on the reorganization of the CNDH, in order to ensure the follow-up of the implementation of the recommendations of treaty bodies and the harmonization of national legislation with the international human rights law.

Besides, the two parties clearly expressed their support for strengthening the presence and contribution of parliament to the work of the United Nations Human Rights Council. They also spoke out in favour of training members and executives of the House of Councillors in the field of human rights.

At the end of this meeting, a Joint Committee composed of the CNDH and the Chamber of Councillors was set up. This committee will oversee the process of reviewing the Memorandum of Understanding signed by the two institutions and the development of a joint action plan for the new legislative year. It will also supervise the coordination of their participation in different national and international events relating to issues of common interest.

CNDH Chairperson launches a series of online working meetings with the CRDHs Presidents

Mrs. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), scheduled meetings throughout this week with the presidents of the Regional Human Rights Commissions (CRDHs) to exchange views and interact on organizational issues.

In this context, the CNDH Chairperson held an online meeting, on the morning of Monday, 20 July 2020, with the presidents of the CRDHs in the Saharan regions of Morocco.

The CNDH Chairperson met with Presidents of the CRDHs in Dakhla- Oued Eddahab region; Guelmim - Oued Noun region; and Laayoune- Sakia El Hamra region. In this meeting, stakeholders focused mainly on issues related to the contribution of CRDHs in the CNDH’s annual report on the situation of human rights for the year 2020, precautionary measures taken to prevent the pandemic COVID 19, and the CNDH’s annual action plan.

With regard to the contribution of CRDHs in the annual report 2020, Mrs. Bouayach urged the CRDHs to capitalize on their interventions and contributions related to monitoring, human rights protection and promotion and proactive intervention in order to include them in this report.

The CRDHs’ presidents, as part of the Follow-up Committee, welcomed the precautionary measures adopted by the CNDH to prevent the pandemic (COVID 19) at national and regional levels. They also spoke highly of the conformity of these measures with conditions stated nationally and internationally.

Due to the exceptional circumstances related to the Corona pandemic, the appointment of the CRDHs members was announced at the Bureau meeting held on 8 July 2020, in accordance with the provisions of Law No. 76.15 and the requirements of the Rules of procedure.

The second session of the General Assembly which was held from 6 to 8 March 2020 were informed on the CRDHs members’ lists which were proposed by CRDHs’s presidents.

CNDH submits its recommendations and observations on Bill NO 72.18 to the two Houses of Parliament

The National Human Rights Council (CNDH) submitted its recommendations and observations regarding Bill 72.18 on the system related to targeting beneficiaries of social support programs and the establishment of the National Register Agency, to the two Houses of Parliament, on July 10, 2020.

This document is drawn up in line with Article 24 of Law No. 76-15 on the reorganization of the CNDH, which stated that the Council shall propose any recommendation it deems appropriate (…). The CNDH Chairperson shall submit them to the Speakers of the two Houses of Parliament and the relevant government authorities.

The CNDH submitted a copy of this document to the Prime Minister and the Minister of Interior. This document contains 12 recommendations and observations which recommend that this system complies with international human rights standards related to economic/social rights and social welfare in general, and with the requirements for guaranteeing the rights to development, particularly to social protection.

The CNDH also emphasized the necessity to ensure that this targeting system is linked, in text and spirit, to the challenge of building an inclusive national social protection system, which achieves equality, rejects discrimination, and limits the possibilities of exclusion of beneficiaries, whether they are persons or groups.

In addition, the CNDH underscored, in its document, the urgency of developing a targeting system open to the strategic directions of the new development model. This system must be capable to adapt to changes expected to affect the national social support policy, not only in terms of strengthening the convergence of programs and their integrated nature but also in terms of the possibility of transforming support programs into an integrated system in sectoral public policies.

The CNDH also highlighted its recommendations and observations relating to articles 19 to 22 of the above-mentioned bill, in which the CNDH recommends providing more details on these provisions, considering what they could entail in terms of harming the protection of personal data, transparency of the administration's action, and the requirements of respecting the role of justice in protecting rights and freedoms.

Furthermore, the CNDH recommended the establishment of mechanisms of control and judicialization of all procedures provided for in these articles. It also recommended taking into account the guarantees that should be granted to persons, in total respect of the right to remedies and reparations in case of violation of their rights, freedoms, or personal data.

In this context, Mr. Habib El Malki, Speaker of the House of Representatives, met with Ms. Amina Bouayach, CNDH Chairperson and her accompanying delegation, on July 15, 2020, at the Parliament. This meeting was an opportunity to outline the CNDH’s observations and recommendations relating to bill No. 72.18 and examine means of enhancing cooperation between the two constitutional institutions, including updating the Memorandum of Understanding between the two institutions. Both sides also reviewed opportunities to reinforce the role of parliament in the process of harmonizing national legislation with international law.

Download the CNDH’s recommendations and observations (available in Arabic) 

Press release on CNDH Bureau meeting

In accordance with Law No. 76.15 relating to the reorganization of the National Human Rights Council (CNDH) and the requirements of the institution's rules of procedures, an online meeting of the CNDH Bureau was held on Wednesday, 8 July 2020.

At this meeting :

- The CNDH’s Bureau welcomed the publication of the CNDH’s annual report for the year 2019 in the Official Gazette special issue, in line with Article 35 of the CNDH law ;

- Coordinators of Permanent Committees and National Mechanisms presented their achievements during June 2020. They also identified priority issues to focus on during the coming period besides their permanent missions ;

- Members of the CNDH’s Bureau adopted the observations and recommendations regarding Bill 72. 18 on the system of targeting social support programs and beneficiaries and the creation of the National Register Agency. These recommendations will be submitted by the CNDH to the two Houses of the Parliament and the relevant parties in line with its mandate, particularly stipulated in Article 24 of Law No. 76.15. Members of the Bureau also welcomed the deliberation meeting on the draft law, held by the CNDH with the Internal affairs, Communes, Housing and Urban Policy Committee and the relevant Government Department (Ministry of Interior, Ministry of Economy, Finance and Administration Reform, Ministry of Health, High Commissioner for Planning) on Tuesday, 30 June 2020 ;

- The CNDH Chairperson informed the Bureau on the appointment of members of the Regional Human Rights Commissions (CRDHs), following the provisions of Law No. 76.15 and the requirements of the CNDH’s Rules of procedure and based on the nominations of the CRDHs Presidents. The General Assembly, at its second session, held from 6 to 8 March 2020, was informed of the list of the CRDHs members. To be noted, the announcement of the appointment of members of the CRDHs has been postponed due to the circumstances of the health emergency.

World Refugee Day: CNDH reiterates its call to strengthen the legal framework related to refugees and promote their social and economic rights

On the occasion of World Refugee Day, the National Human Rights Council (CNDH) reiterates its call to accelerate the adoption of Bill n° 66-17 on asylum and the conditions for granting it to guarantee the effective recognition of refugee status, in light of constitutional provisions and principles of the Global Compact on Refugees. The CNDH also recommends strengthening respect for the principle of non-refoulment of asylum seekers and reducing the authorities' margin of appreciation regarding repatriation decisions to ensure their rights as refugees.

The CNDH also reiterates its recommendations relating to migration and asylum included in its report on the human rights situation in Morocco for the year 2019. It calls for enhancing the framework relating to this category and strengthening guarantees to promote their social and economic rights.

The protection of refugees is a priority in the CNDH’s action strategy as part of the concept of  the effectiveness of rights. It is a strategy that we translate into monitoring, protection, and promotion actions. We also interpret it through national dynamics and regional and international initiatives that we have shared as president of the Working Group on Migration to the Network of African National Human Rights Institutions (NANHRI) and active member of the Global Alliance of National Human Rights Institutions (GANHRI), as well as the Arab Network of National Human Rights Institutions, noted Ms. Amina Bouayach, CNDH Chairperson.

Advocacy and strengthening the protection and promotion of the rights of refugees are among the initiatives undertaken in partnership with the United Nations High Commissioner for Refugees. This includes the right to education, the right to civil registration, the right to access health services (including the right to health coverage), the right to work and the protection of the rights of migrant workers, the right to housing and accommodation, etc.

These efforts also include building the capacities of actors concerned, particularly through the Rabat-Driss Benzekri Institute for Human Rights. Among the latest event organized in this context, the online training session on the "Entry, stay and asylum: rights and practices" which took place on 17 and 18 June 2020. NGOs working in the migration and asylum field took part in this session to strengthen their capacities in the field of protection of foreigners’ rights, including refugees and asylum seekers.

The world is celebrating World Refugee Day (June 20) this year under the theme "Everyone can act and every action counts”. It aims to remind the world that everyone, including refugees, can contribute to the effort to create a more just and equal world. The pandemic that the world has been experiencing for months has perhaps shown, according to the United Nations High Commissioner for Refugees, the need to fight for a more inclusive and equal world...