Identifier
Created
Classification
Origin
09RABAT65
2009-01-22 18:22:00
CONFIDENTIAL
Embassy Rabat
Cable title:  

MOROCCO HUMAN RIGHTS DIALOGUE: ATMOSPHERICALY

Tags:  PHUM PGOV PREL WI MO 
pdf how-to read a cable
VZCZCXYZ0001
PP RUEHWEB

DE RUEHRB #0065/01 0221822
ZNY CCCCC ZZH
P 221822Z JAN 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 9570
INFO RUCNMGH/MAGHREB COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0888
RUEHGV/USMISSION GENEVA 1113
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
-------

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.


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Jackson