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