MOROCCO HUMAN RIGHTS DIALOGUE: ATMOSPHERICALY

C O N F I D E N T I A L RABAT 000065 SIPDIS STATE FOR G, NEA/MAG, DRL/NESCA AND G/TIP E.O. 12958: DECL: 01/21/2018 TAGS: PHUM PGOV PREL WI MO SUBJECT: MOROCCO HUMAN RIGHTS DIALOGUE: ATMOSPHERICALY POSITIVE, BUT DISAGREEMENTS REMAIN REF: A. 08 RABAT 1154 ¶B. 08 RABAT 684 ¶C. 08 RABAT 623 ¶D. 08 RABAT 579 ¶E. 08 RABAT 411 ¶F. 08 RABAT 158 ¶G. 08 RABAT 140 Classified By: CDA Robert P. Jackson for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) Surprisingly positive atmospherics and a less combative tone than in the past characterized the annual Human Rights Dialogue with the Government of Morocco (GOM) in early January. GOM officials described themselves as "satisfied" with the way the dialogue has evolved since its inception in 2007, and promised continued cooperation and engagement on human rights. In an interesting aside, one high ranking attendee indicated that the King himself reads the Country Reports on Human Rights Practices and makes his pleasure or displeasure with its contents known to the relevant ministries. End summary. -------------- A Cheer in the Air -------------- ¶2. (C) In contrast to 2007 and 2008, the January 8 session of the annual Human Rights Dialogue with the GOM was characterized by unusually positive atmospherics that led even Moroccan interlocutors to comment on the change. Ministry of Foreign Affairs (MFA) Chief of Staff Nassir Bourita expressed "satisfaction" at the way the dialogue had evolved and said that the report was no longer a bone of contention between the GOM and USG. The normally combative and dyspeptic Ministry of Interior (MOI) Director-General for Internal and General Affairs Mohieddine Amzazi was jovial and, although wreathed in cigarette smoke and displaying his customary sarcasm, he answered pointed questions candidly and without previous defensiveness. At the traditional post-dialogue lunch, MOI Director for International Affairs Rachid Rguibi told PolOff that "we trust the process now and we are not afraid of the questions." -------------- If the "Patron" is Happy... -------------- ¶3. (C) During a conversation about scheduling the post-publication session of the dialogue, Amzazi joked "if the patron is happy, we'll be happy. It always depends on him." He said this looking up and pointing toward the ceiling. Bourita and the others laughed and concurred. (Comment: We took "patron" to mean the king rather than the Minister of Interior. End Comment.) -------------- Police Abuses -------------- ¶4. (C) In response to the then DCM's pointed inquiry about Mustapha Kammour, a police official who is the subject of multiple abuse reports in Western Sahara and southern Morocco, the MOI's Amzazi said that the GOM had repeatedly investigated accusations against him and that the "system would take care of him" if any abuses had occurred. Kammour and three other officers named as serial abusers by the Embassy in the 2007 dialogue were transferred from Western Sahara. Kammour is the only officer who continues to generate reports in his new position. Claiming the accusations were politically motivated, Amzazi asked the USG to refrain from naming Kammour, and risk ruining him and his family, in the human rights report since the charges against him had not been proven. Amzazi promised action if evidence of wrong-doing were found. PolOff commented that Kammour's victims also have families. The DCM concluded that discussion by strongly emphasizing the repeated and identical accusations and the need for immediate and decisive corrective action. ¶5. (C) Ministry of Justice (MOJ) Director of Penal Affairs and Pardons M'Hammed Abdenabaoui emphasized the sincerity of his ministry's commitment to reform. He said the GOM is more methodical now in its teaching of human rights. Officials, judges, and police all receive two or three sessions on human rights as part of their intake and refresher training cycles. Both he and Amzazi strongly disagreed with the contention that reports of abuses are not adequately and credibly investigated. PolOff said that the U.S. has learned through hard experience the importance of transparency in security-force-related investigations. Abdenabaoui claimed many accusations were politically motivated. DCM countered that approximately four to eight percent of police abuse complaints in the United States are found to have merit, while in Morocco almost none are found valid. -------------- Press Freedom -------------- ¶6. (C) Amzazi explained that Morocco is in the process of reforming its press code, under the direction of the Ministry of Communications and in consultation with the Union of Journalists and the Federation of Editors, but said that negotiations between different groups of stakeholders are making slow progess. He categorically denied the existence of a draft opinion polling law that would regulate surveys. "Regarding the alleged law to restrict polling, this is simply not true. It doesn,t exist and whoever told you about it lied," he said. ¶7. (C) Interestingly, Amzazi said that two recent freedom of information cases, one in which a blogger was jailed after obliquely criticizing the king, and another in which a student was jailed after he replaced the word "king" in Morocco's motto with the name of a popular football club on a school blackboard, demonstrate that the Moroccan system is self correcting. In both cases, the targets were released almost immediately by appeals courts that moved with uncharacteristic swiftness to rule on the lower court verdicts. "True it happened 'a la Marocaine,'" he said, "but it confirms that internal mechanisms exist to ensure that human rights are respected and that missteps are corrected." Amzazi segued into a discussion of excessive fines for libel and slander saying that these cases were civil matters over which the GOM had no authority because fines in civil cases are determined by the court in consultation with the victim. He said that the U.S. has a similar system of torts which falls outside executive branch authority. (Comment: This was a disingenuous as Amzazi had earlier implied that the GOM had a hand in correcting mistakes in the blogger and student cases. The Moroccan judiciary is known for a lack of independence at all levels. End comment.) ¶8. (C) One of the best indicators of respect for human rights and commitment to democracy, Amzazi pointed out, was the number of sit-ins and demonstrations around Morocco. "People take to the streets all the time to complain and voice their grievances," he said. A larger issue, Amzazi continued, was helping the judicial system evolve and keep pace with new technologies and realities, such as the Internet and new forms of speech. "Our laws are based on 19th century French laws," and they often do not address 21st realities, he concluded. -------------- Registering Dissident Organizations -------------- ¶9. (C) PolCouns raised the issue of the GOM permitting separatist-affiliated Sahrawi human rights organizations to register as a symbol of increased tolerance and confidence on the part of Morocco. One such organization, the Sahrawi Association of Victims of Human Rights Violations (ASVDH), actually received a court order in 2005 instructing the Ministry of Interior to permit registration ) which the Ministry has since refused to do. Amzazi strongly discounted any possibility of such a breakthrough as long as the organizations refused to recognize Moroccan sovereignty over Western Sahara. He complained that the groups were puppets of the Polisario and had political rather than human rights agendas. In a slightly testy exchange with PolOff, MOI Director of International Relations Rachid Rguibi said that such an act would be symbolic of the beginning of Morocco's withdrawal from Western Sahara rather than a symbol of newfound openness. -------------- TIP Issues -------------- ¶10. (C) MOI Director of Migration and Border Security Khalid Zerouali expressed disappointment at Morocco's being downgraded from Tier 1 to Tier 2 on the Department's Trafficking in Persons (TIP) scale and did not believe that the GOM had been properly consulted in the lead-up to the 2007 TIP report. He said that the MOI launched a new "process-oriented" strategy in 2007 to address migration and TIP issues, but had not had the opportunity to share it with the USG yet. (Note: The MOI subsequently forwarded a copy to Embassy and Zerouali and his team met with EmbOffs for additional presentations and dialogue specific to TIP. It is noteworthy that the MOI is going out of its way to cooperate and put its best foot forward; even though the substance of its TIP policy has not changed. End note.) ¶11. (C) Zerouali added that the GOM signed an agreement with United Nations High Commissioner for Refugees (UNHCR) in 2007 to grant UNHCR full representative status and worked with the body to create a new secure identity card for registered refugees in Morocco to ensure respect for their rights if detained or questioned by police. He said that refugees are no longer forcibly repatriated, and 9,000 were returned to their countries in 2008 at Moroccan expense; but it is nearly impossible to stop all illegal migration. It is also difficult, he said, distinguish between willing migrants, traffickers, and TIP victims. Concerning Moroccan women trafficked to the Gulf, he complained that there is little the MOI can do to stop them. "If they have money and are at the airport and want to go, what can we do," he asked. He emphasized that the situation of child workers, especially domestic servants, has improved over the last few years as a result of the GOM's new strategy to address the issue in both urban and rural areas. -------------- A Culture of Human Rights -------------- ¶12. (U) Bourita went into some detail in citing all of the international human rights conventions that the GOM has signed and ratified, as well as the related changes in Moroccan law. He offered a long list of human rights training programs and cited some three weeks of conferences and seminars associated with the 60th anniversary of the Universal Declaration of Human Rights. He noted that Morocco had responded positively to U.S. demarches on human rights issues at the UN. Finally, he asserted that Morocco was being held to a higher standard because of its achievements, and the DCM responded that we did seek constant improvement. -------------- Comment -------------- ¶13. (C) The positive, almost jovial, atmospherics were remarkable, particularly in contrast to past sessions of the dialogue. Several participants told EmbOffs that "trust" in the process had eased worry and tensions over the report and USG questions. Amzazi's comments indicating that the palace (if not King Mohammed VI himself) reads the human rights report and communicates directly with the ministries on the topic points to a remarkable degree of interest at the GOM's highest levels in the report. End comment. ¶14. (C) As in the previous year, when back channel Embassy pressure led to the transfer of the worst abusers in Western Sahara, we will conditionally refrain from publishing Mustapha Kammour's name in the 2008 Human Rights Report provided the GOM takes corrective action. We will closely monitor the case and, if he continues to enjoy impunity, will name him in 2009. Mission will also continue to raise the issue of dissident organization registration. End comment. ***************************************** Visit Embassy Rabat's Classified Website; http://www.state.sgov.gov/p/nea/rabat ***************************************** Jackson