GOM SEEKS US SUPPORT IN BID FOR HUMAN RIGHTS

UNCLAS RABAT 000779 SIPDIS SENSITIVE SIPDIS DEPT FOR NEA/MAG, DRL E.O. 12958: N/A TAGS: PHUM PREL PGOV MO SUBJECT: GOM SEEKS US SUPPORT IN BID FOR HUMAN RIGHTS COUNCIL SEAT ¶1. (U) This cable is sensitive but unclassified. Please treat accordingly. ¶2. (SBU) Post received the following diplomatic note and aide-memoire seeking US support for Morocco's candidacy to the Human Rights Council. As the aide-memoire is a comprehensive summary of how the GOM views its accomplishments in the area of human rights and reform, post encloses it in its entirety. ¶3. (SBU) Begin unofficial translation of Diplomatic Note, dated April 19, 2006. The Ministry of Foreign Affairs and Cooperation presents its compliments to the Embassy of the United States of America in Rabat and, referring to its Diplomatic Note #961 dated March 20, 2006, regarding the candidacy of Morocco to the Human Rights Council, has the honor to forward to the Embassy the enclosed memorandum showing a series of undertakings demonstrating the Kingdom of Morocco's resolution to contribute to protecting and promoting Human Rights, in accordance with resolution A/RES60/251. The Government of the Kingdom of Morocco seeks the support of the United States of America for its candidacy to the Human Rights Council at the forthcoming elections on May 9, in New York. Complimentary closing. End diplomatic note. ¶4. (SBU) Begin text of Aide-Memoire: The Kingdom of Morocco makes the promotion and protection of human rights and fundamental freedoms the core issue of its national and international priorities. That is in fact the reason that prompted the Kingdom to present its candidacy to one of the 13 seats allocated to Africa, at the newly-established Human Rights Council. Aware of the importance accorded by the United Nations to human rights issues which are no less important than those dealing with development, international peace and security, the Kingdom of Morocco has, from the outset, actively supported the creation of the Human Rights Council, expressing thus its hope that human rights will be further reinforced and strengthened. The Kingdom of Morocco, while drawing upon the tolerant precepts of Islam, its time-honored civilization values and its international commitments, has made democracy, the primacy of law, and good governance irreversible choices. Just as underlined in its national constitution, which consecrates the Kingdom's adherence to universally recognized human rights and fundamental freedoms, Morocco strongly believes that a genuine reinforcement of the state of law is the best guarantee for attaining sustainable development of the individual and the community alike. Widely recognized as a crossroads for different civilizations and cultures, Morocco has emerged as a strong actor for peace, tolerance and understanding between nations. Faithful to the founding principles of its historical identity, the Kingdom of Morocco continues to concentrate all its efforts to promote inter-cultural and inter-religious dialogue. The Kingdom of Morocco ratified most of the international instruments and undertook to submit regular national reports on the implementation of its multilateral commitments. It has also given due follow-up to all relevant recommendations and conclusions of international organs and treaties. Ensuring their effective implementation continues to be the top priority of the Moroccan government. The past five years witnessed a considerable increase in the pace of reforms, that concerned notably the adoption of new laws, the harmonizing of the national legislation with international commitments, the setting up of governmental structures and national follow-up institutions, with a view toward effectively implementing relevant decisions and continuously assessing the role and contribution of civil society in that area. Actions taken at the legislative level -------------- Actions taken at the legislative level concern the revising or adoption of several national legislations such as: --The code of public freedoms --The penal code and penal procedures --The family code --The adoption of a new law related to political parties --The adoption of a specific law against torture --The penalization of sexual harassment at the work place --The adoption of a new code for the press --The adoption of a new law regulating the civil status --The reform of a law on child legal custody --The adoption of a new law regulating entry and stay of foreigners in Morocco Furthermore, the Moroccan Parliament adopted a law against torture, which entered into force on February 2006. The law, which has integrated the definition of torture contained in the Convention against torture, imposes sanctions on any State's agents found guilty of torture or bad treatment. It aims at reinforcing the Moroccan judicial apparatus which helps prevent, fight and deter all kinds of abuse or human rights violations. Harmonizing the national legislation with international engagements -------------- -------------- -------------- The harmonizing of the national legislation with the provisions of the international legal instruments on human rights ratified by Morocco continues to be a priority for the Moroccan authorities in order to ensure the effective implementation of the obligations arising from international instruments. To ensure the continuous follow-up of the conformity of national laws, two inter-governmental bodies were set up, namely the Inter-Ministerial Committee in charge of the review of Morocco's reservations and declarations made on certain instruments it ratified, and a National Commission on Human Rights and Humanitarian Law. Thus, the Inter-Ministerial Commission in charge of Public Liberties, Human Rights and International Humanitarian Law, under the chairmanship of the Prime Minister, has recently decided: --The adherence of the Kingdom of Morocco to the first Optional Protocol related to the Covenant of Civil and Political Rights; --The withdrawal of the reservations concerning article 14 of the International Convention of the Elimination of all forms of Racial Discrimination; --The withdrawal of the reservations concerning articles 20 and 22 of the Convention Against Torture; --The withdrawal of the reservations concerning article 14 of the Convention on the Rights of the Child and its replacement by an explanatory declaration, taking into consideration several constitutional and legal references. Actions at the Institutional level -------------- The Kingdom of Morocco has acquired many mechanisms such as: The Consultative Council for Human Rights (created in 1994, and reorganized on April 10, 2001),on the basis of the Paris Principles regulating national human rights institutions. The Council enjoys large prerogatives, such as giving consultative opinions relating to the protection of rights and fundamental freedoms of citizens, social groups and associations in charge of submitting annual reports on the situation of human rights in Morocco; making recommendations on the conformity of national laws to international commitments; encouraging Morocco's adherence to various international instruments or ratification thereof with the view to examining cases of human rights violations and making recommendations in this regard. The Council is an active member of the international committee for the coordination among national human rights institutions (CIC),which Morocco chaired for two consecutive years (2003-2005). The Equity and Reconciliation Commission (IER) : The commission was set up in April 2004 with the objective to ultimately close the files of past human rights violations in Morocco. It has presented its final report in December 2005. The IER has carried out a global assessment of settling cases of forced disappearance, arbitrary detention and human rights violations in Morocco between 1956 and 1999. It has led inquiries in cooperation with public authorities, victims, their families and representatives as well as concerned non-governmental organizations. It has organized public hearings for victims or their relatives. The IER has thus been able to discern the nature, the degrees and contexts of these violations, in the light of the international humanitarian law. It has also brought under light cases of forced disappearance and stipulated settlement procedures thereof or the closure of the cases of deceased victims. In terms of compensation, the IER has decided on cases of victims of outrageous human rights violations or from their assigns. Besides the compensation decisions, the IER equally recommended medical and psychological rehabilitation, social reintegration, the settlement of some legal, administrative and professional disputes, as well as expropriation cases. Thus, a statement was made to the effect that certain regions and communities have suffered collectively and directly or indirectly from the sequels of political violence. The IER gives particular attention to community reparation. In this context, it has stipulated the adoption and support of socio-economic and cultural development programs in favor of several cities and regions. It also recommended the transformation of old illegal detention centers. The IER has finalized a report comprising the results of investigations and analyses concerning violations and their contexts, as well as reform recommendations likely to preserve the memory, guarantee the non reoccurrence of violations, eliminate their sequels, restore and reinforce confidence in the institutions and respect the rule of law and human rights. The Consultative Council for Human Rights is responsible for taking the necessary measures at the governmental and non governmental levels to ensure the follow-up and the implementation of these recommendations. Diwan Al Madhalim (Ombudsman)- This body is an institution in charge of mediating between citizens and public authorities in order to respect the rules of equality, equity and the primacy of law. It equally contributes to conciliation between citizens and administrations as well as to extra-judiciary settlements of administrative disputes while examining complaints of those who consider themselves victims of illegal or inequitable administrative decisions. The Royal Institute for the Amazigh Culture (IRCAM) was created on October 17, 2001 and has as its main mission the promotion of different forms of expression of the Amazigh (Berber) culture and patrimony and their full integration in the national educational system. The Institute's mission is to promote and preserve the Moroccan Amazigh cultural wealth as an important and crucial component of the national identity. The enhanced status of Moroccan women -------------- The Kingdom of Moroccan is committed to promoting the status of women. On January 26, 2004, the Parliament adopted a new family code, making gender equity a fundamental principle of the Moroccan society and a basis for the strengthening of the family unit, while keeping in mind the foremost interests of children to whom Morocco attaches a crucial importance. In addition, the Moroccan Government counts many women among its Cabinet members. Also, the ratio of women representation in the Parliament has increased from 0.6 percent in the 1997 legislative elections to 10.8 percent in the 2001 elections (the present Parliament counts 35 women MPs). To achieve the objectives of the United Nations for education in human rights, a national education program in human rights has been implemented at various school levels and training institutes of judges and state agents. Convinced that Human Rights are universal, indivisible and interdependent Morocco launched, the National Initiative for Human Development (NIHD) as an integrated plan aiming at reducing social disparities and achieving sustained and harmonious socio-economic development, based on proximity, good governance, goal-oriented projects and transparent and rational management of budgetary resources. Pledges made by Morocco -------------- The Kingdom of Morocco is committed to: Ensure the ratification or the adherence to the very few international instruments to which Morocco has not yet become a party, including those in the process of being finalized (the International Convention for the Promotion and Protection of the Rights of Handicapped Persons) or those to be adopted (The International Convention on Forced Disappearances); Continue cooperation with the special procedures. In this context, it is worth mentioning that the special Rapporteur on child trafficking, child prostitution and child pornography and the special Rapporteur on the rights of migrants paid two visits to Morocco, respectively in 2000 and ¶2003. Morocco will continue to respond promptly and regularly to the future communications addressed by the special procedures; Present, on a regular basis, periodical reports to the relevant bodies, ensure high-level participation to international conferences and apply pertinent recommendations and observations. In this regard, in 2006, Morocco presented its initial report on the implementation of the Optional Protocol to the Convention on Rights of the Child on the Child Trading, child prostitution and child pornography. Next month, Morocco will present its periodical report to the economic, social and Cultural Committee; Contribute actively to the work of the Human Rights Council through an approach based on cooperation, consultation and dialogue for the promotion, protection and the respect of all human rights be they economic, social, cultural, or civil and of political rights in addition to the right of development; Maintain and strengthen the support to the United Nations High Commissioner for Human Rights in the implementation of its mandate and contributing, within its capacity, to its budget; Continue its cooperation with different bodies and international and regional organizations working in the Human Rights field; Strengthen national mechanisms in charge of the diffusion of human rights culture, such as the Center of Documentation, Information and Training in the field of Human Rights, which was created in Morocco with the contribution of the United Nations High Commissioner for Human Rights. This Center supports the efforts made in favor of human rights education and fundamental freedoms; Continue to promote the role of women in various national sectors, to protect the children from abuse and to guarantee the complete participation of the vulnerable persons in active life; Share experiences with the members of the International community, mainly in the arena of the compensation of human rights violations as well as benefit from the successful experiences of other countries in the area of human rights; Ensure high-level participation to the debates of the Council, take active part in the negotiations of its different decisions and resolutions, co-sponsor the existing and upcoming initiatives and support concretely the international Human rights corpus. (In this context, it is worth mentioning that Morocco and Norway were the initiators of the resolution on the defenders of human rights at the Human Rights Commission); Continue to maintain a genuine, responsible and constructive dialogue together with permanent consultations with the civil society, both at the national and the international levels; Continue to harmonize the national legislation with international commitments. In fact, a new law on the abolition of the death penalty is at the final stage of examination, and is subject to a national debate. Consider the waving off of Morocco's reservations made on certain international instruments. As a case in point, the Kingdom of Morocco is committed to withdrawing, very soon, the following reservations concerning the Convention of the elimination of all kinds of discrimination against women (CEDAW): --The waving off of the reservation of paragraph 2 in article 9 stipulating that women enjoy the same rights as men in terms of their children's citizenship; --The waving off of the reservation of the indented line h, paragraph 1, article 16 stipulating that women have the right to decide, on an equal basis as men, on the right of establishing family planning and to access data related to it; --The waving off of the reservation on paragraph 2, in article 16, concerning the absence of all legal effects related to engagement and marriage of children and stipulating the necessity to fix the minimum age for marriage and its consignation in official records; --The review of the paraphrasing of the second part of the declaration presented on article 2 of the Convention, stipulating the adoption of the legal provisions for the consecration of the equality principle between men and women; --The removal of the declaration in paragraph 4, article 15 stipulating that men and women enjoy the same rights of the legislation regarding the movement of individuals and the freedom to choose their place of residence, --The replacement of the reservation formulated for paragraph 1, article 16 by an explanatory declaration; --The adherence of the Kingdom of Morocco to the additional optional Protocol of the CEDAW Convention. End text of Aide-Memoire -------------- Comment -------------- ¶5. (SBU) The GOM, as outlined in the aide-memoire, has made significant progress on human rights. Indications are that this progress will continue, despite backsliding in freedom of the press. For example, as part of the process of lifting the GOM reservations on CEDAW, parliament, during the spring session, will debate a new "nationality code," which will enable children born to Moroccan mothers who are married to non-Moroccans to become citizens, during the spring session. The Penal Code continues to be revised; meetings are being conducted by the Ministry of Justice (MOJ) during the week of April 23 to determine further necessary reforms. In March, the MOJ published a convention against torture, as previously reported by the embassy. ****************************************** Visit Embassy Rabat's Classified Website; http://www.state.sgov.gov/p/nea/rabat ****************************************** Riley