HUMAN RIGHTS DIALOGUE WITH GOM LAUNCHED

C O N F I D E N T I A L RABAT 000256 SIPDIS NOFORN SIPDIS STATE FOR NEA/MAG, DRL E.O. 12958: DECL: 02/04/2011 TAGS: PHUM PBTS PGOV MO SUBJECT: HUMAN RIGHTS DIALOGUE WITH GOM LAUNCHED REF: A. 05 RABAT 02287 ¶B. 06 RABAT 00024 ¶C. 06 RABAT 00181 ¶D. RABAT 00094 Classified By: Deputy Chief of Mission Wayne J. Bush, reasons 1.4 (b) a nd (d) ¶1. (C) Summary: The Government of Morocco (GOM) hastily convened in early February a series of meetings with Embassy officers to convey concerns about the U.S. Human Rights Report. The GOM used the sessions with senior officials from the Foreign Affairs, Interior and Justice ministries to: provide some new information; raise concern about their perceived insufficient past consideration of recent reforms here and about the relative treatment of Morocco compared to other countries, particularly Algeria; and, to protest the separate report on the Western Sahara and its accounting of human rights issues there. Embassy responded that the human rights report was a universal document, specifically mandated "to tell it like it is." We used the meetings to assure the GOM that our objective is a balanced, factual account, and to press for continued progress on key human rights objectives, especially freedom of expression. For us, however, the real significance of these meetings is their potential. This structured discussion has provided us with a format that could become a useful tool for on-going dialogue and direct intervention with concerned officials on human rights issues. Embassy believes that opening this new channel is an important step forward. End Summary. ¶2. (C) DCM, Polcouns and POLOFF met with panels from the Ministry of Interior (MOI) and the Ministry of Justice (MOJ) on February 1 and February 2, initiating a process of formal interaction on human rights issues. The meetings were partly in response to long-standing Embassy requests to discuss human rights issues, requests which had been quietly ignored, particularly by the MOI. In the face of Moroccan concerns about the report expressed both here and by the Moroccan Embassy in Washington, Embassy also had offered to brief the MFA on the report and its process. These meetings were preceded by two planning meetings between POLOFF and Nasser Bourita, Director of United Nations and International Affairs at the Ministry of Foreign Affairs (MFA),who also participated in the MOI and MOJ meetings. Bourita indicated that the MFA had recently decided he would be its coordinator for human rights issues between the diplomatic community and the GOM. -------------- The Ministry of Interior -------------- ¶3. (C) At the MOI, the Moroccan side was led by Mohieddine Amzazi, the Director-General of Internal Affairs. In addition to Bourita, he was joined by representatives of several key ministry offices, including intelligence and police, but pointedly declined to introduce any of them. Throughout the almost five hour meeting and lunch at the MOI, only Amzazi and Bourita spoke to us, although the others gave them quiet counsel. Amzazi led off asserting that the Embassy and USG should not have a role in identifying Moroccan human rights advances or abuses. For the GOM, human rights are guaranteed in the Moroccan constitution. A combination of GOM institutions, the parliament and the political parties are responsible, according to Amzazi. ¶4. (C) While both Amzazi and Bourita stated they did not want to discuss the 2005 reports by saying "2005 is past," both objected to the report in detail. --Amzazi urged that future reports take more account of Morocco's achievements as the most open country in the region. He highlighted GOM policy to build a "culture of human rights," referring both to his own ministry and to the oversight role of the Consultative Council on Human Rights (CCDH),which reports directly to the king. This new role for the CCDH is in line with the recommendations from the Equity and Reconciliation Commission's (IER) November 2005 final report (reftel B). For the GOM, the formal structures of the government operate in a sufficient manner to ensure human rights and equity to all citizens. The U.S report, Amzazi said, fails to highlight the large number of peaceful protests and political meetings that occur each year without incidents. Amzazi emphasized official accountability for human rights abuses when they occur. "There is no immunity, no impunity," he said, noting that senior military and security officials are suspended from their duties when charges are levied until they can be investigated and disciplinary action can be taken. He said action has been taken in more than 100 cases of abusive behavior by the police. --Fearing the impact that a "negative report" would have on the upcoming Moroccan elections, Amzazi stated that the report "creates politics." Bourita accused the U.S. of favoring Algeria. He even noted the difference between the number of "bullets" identifying human rights problem areas in the 2005 Algeria report (10) and the 2005 Morocco report (15). In preparatory meetings with Poloff, Bourita sad the bullets coupled with the phrase "inability of citizens to change fully their government" indicated lack of support for the monarchy. (Note: The sentence is required in the 2006 report as well. End Note.) The monarchy is inviolable -- a point vigorously emphasized by both Amzazi and Bourita. ¶5. (C) Amzazi and Bourita protested the separate report on the Western Sahara: for the GOM, the territory is Moroccan -- there is no need for a separate report. The Western Sahara report, they said, does not adequately reflect the GOM's positive actions and positions in the territory. Bourita indicated his belief that the report favors the Polisario, does not take into account what the GOM has done for the territory and does not discuss the serious human rights situation among the Sahrawis in refugee camps in Algeria, including what the GOM believes is the total absence of freedom of movement for Sahrawis. He believed the U.S. should highlight human rights abuses by the Polisario. ¶6. (C) In response, the DCM emphasized that the same standards are applied to each country. He also noted that there is a specific format for the reports, and that a review of independent sources is part of the process of writing the report. Ignoring in the report issues raised in the media or by nongovernmental organizations (NGOs) is not an option. The DCM pointed out that the 2006 report focused on calendar year 2006, but also had to include reference to previous years. At the same time, the DCM emphasized that our objective is a balanced and factual account. We have many sources of information on alleged abuses. The GOM's willingness to share official perspectives on the same issues was very welcome. He also underlined that our report did not represent a political judgment. Our respect for Morocco's substantial progress on human rights had been made clear at the highest levels, and we hoped to continue to work closely with the GOM to advance human rights in Morocco and internationally. ¶7. (C) Bourita asked why child labor had to be a part of the report, suggesting that this casts Morocco in an unfavorable light despite Morocco's efforts to address the problem. DCM disagreed and pointed out that the GOM recognizes the problem, has instituted several programs to eliminate child labor, and works in conjunction with national and international NGOs to eliminate the problem, which is to the GOM's credit. Highlighting this issue in the report supports the GOM's own objectives. ¶8. (C) Over lunch, the DCM emphasized that freedom of expression is the key to all other aspects of Morocco's reform agenda. Without the guarantee of freedom of expression, Morocco's image is harmed among its own citizens and internationally, he said. He noted that there are no journalists currently imprisoned; however, the GOM should move to pass revisions of the press code to include de-criminalizing libel. The GOM's foot dragging is perceived as a signal that freedom of expression is still not a priority. He pointedly mentioned that the Millennium Challenge Corporation (MCC) uses an assessment of freedom developed by an NGO as one of its measures to determine eligibility for MCC assistance, and that freedom of expression and other political rights are key factors. Amzazi complained that the West constantly changes it priorities, saying -- "at one time Britain thought habeas corpus was the most important point." -------------- Ministry of Justice -------------- ¶9. (C) A second meeting, which lasted for three hours, occurred the following day with the Ministry of Justice (MOJ) and Bourita at the MOJ. The MOJ delegation was led by Secretary General Mohammed Lididi, who said that having SIPDIS formal meetings was a collaborative effort which he supported. MOJ section heads discussed their own portfolios. ¶10. (C) The MOJ discussion focused on specific questions from Emboffs and discussing the laws and principles which guide the ministry. (Note: POLOFF handed Bourita a specific list of cases for which answers were sought in the preparatory meetings. End Note.) --Since 2003, the MOJ has had a general inspection on a yearly basis; staff emphasized that disciplinary actions occur when warranted under the penal code. --The March anti-torture amendment to the penal code (43.3) was heralded as a major step forward in a long process of reform. --The 2004 anti-corruption law is, according to the MOJ, being carefully followed with the number of cases being tried increasing on a yearly basis, e.g., from 67 in 2003 to 3196 in 2005. --According to M'Hammed Abdenabaoui, the Director of Prison Administration and Reinsertion, the king's choice for democracy and support of human rights is a critical choice (reftels A, C). Abdenababoui bluntly stated the issues facing the prison system: overcrowding, lack of financing, and the enhancement of educational programs. He also provided concrete information on how progress is being made, e.g., the thirteenth new prison was completed and the construction of eight other new prisons was started in 2006. --According to those present at the meeting, the MOJ vigorously enforces laws and ensures that individuals are treated equally, including Sahrawis and illegal migrants. ¶11. (C) Those members of the MOJ present openly discussed issues, including the resolution of illegal migrant cases, individual cases of imprisoned demonstrators, and cases brought against members of the security forces for use of excessive force. Abdenabaoui was the most open, recognizing that more must be done to improve prison conditions and to re-integrate prisoners into society. DCM emphasized the excellent working relationship the Embassy has with the MOJ and said that the information presented was greatly appreciated. ¶12. (C) Comment: The two meetings contrasted greatly: MOI officials took a more adversarial approach, whereas the meeting with the MOJ was collegial. Both Amzazi and Bourita wanted recognition of their interpretations of Algeria's more favorable treatment in the human rights report, that there are no problems in the Western Sahara because it is Moroccan, that much in the Morocco report is unnecessary, e.g., child labor, and that the report needs greater balance and focus on the positive as well as the negative. The meetings provided us an opportunity to clearly explain the process and to express key USG human rights concerns concisely and clearly. On February 2, the MOI and MOJ delivered reports to Bourita at the MFA; these were passed to Poloff. Some of the information elucidates and clarifies specific sections in the human rights report; however, not all of the human rights issues are addressed adequately, including the independence of the judiciary from the executive. ¶13. (C) Comment cont'd: We see the fact that we were given direct contact with the concerned officials, some for the first time, as an opportunity. We will try to build on these meetings to develop a structured, if informal, dialogue that we can use year round to raise human rights concerns, as well as to discuss the annual reports. End Comment. ****************************************** Visit Embassy Rabat's Classified Website; http://www.state.sgov.gov/p/nea/rabat ****************************************** Riley