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| EU-Morocco Association Council | Date: 24-02-2003 |
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Document from the Euro-Mediterranean Human Rights Network (EMHRN) relating to the EU-Morocco Association Council meeting on 24th February, 2003 Observations and recommendations The EU-Morocco Association Council will be holding its third meeting on 24th February, 2003. This meeting will provide an opportunity to re-examine all aspects of the bilateral partnership, including the political portion. As such, Morocco’s human rights situation should be discussed, almost three years after the Association Agreement came into force. The Euro-Mediterranean Human Rights Network would like to point out that the Agreement includes the following clause: « Respect for the democratic principles and fundamental human rights established by the Universal Declaration of Human Rights shall inspire the Parties’ domestic and external policies and shall constitute an essential element of this agreement » Consistent with the report it presented at the first Council meeting on 9th October, 2000, and in light of the stance taken by its members, the EMHRN deplores the continuation and worsening of the conflict in Palestine and fears the particularly serious consequences of any possible military aggression in Iraq on the fringes of international law. It is obvious that armed conflict can only deepen misunderstandings in the region and create obstacles in the path of the objectives of the Euro-Mediterranean Partnership. The Network is also very concerned that immigrants in a number of European States are the victims of xenophobia, racism and legislation running contrary to human rights values and the spirit of the rule of law. It also notes the reinforcement of restrictions on freedom of movement contrary to the letter and spirit of international norms (article 12 of the International Covenant on Civil and Political Rights). Concerning the human rights situation in Morocco, the EMHRN welcomes the favourable evolution since the beginning of the 1990s and the various positive measures adopted by the new regime. The following positive measures should be highlighted: - New legislation on public freedoms has been adopted, ending the legal restrictions instituted at the beginning of the 1970s; upholding the liberal system of declaration regarding associations and other issues adopted in the wake of independence; and reinforcing legal guarantees for the freedom of public assembly, freedom of association and, to a lesser extent, freedom of the press. - A new penal procedure has been adopted which formally consecrates the principle of the presumption of innocence and ends most of the aforementioned transitory rules of procedure adopted during the 1970s. - Abolition of the special court dealing with crimes of corruption and the misappropriation of public funds has been officially announced - due in large part to protests from the human rights movement and civil society. - A broadcasting council and an institute to promote the Amazigh language and culture have been set up. - The founding text of the Consultative human rights council has been reformed, and is especially now more representative of civil society. - Legislative elections were organised for the first time, within the timeline prescribed by the constitution and with greater transparency. Thanks to proportional representation on the national list, more than 10% of seats in the House of representatives have been won by women (35 seats) - whereas there were only 2 women in the preceding chamber. - A programme to promote human rights within the framework of national education has been implemented. However, the EMHRN notes that: - There is no clear strategy to deal comprehensively and definitively with cases of serious human rights abuses during the dark days. - People suspected of crimes by the intelligence services (DST) are still being abducted and held in secret locations for varying periods of time from several months to a few weeks. Thanks to protests from the human rights movement, a number of these people have been freed (some have spoken out publicly about the treatment they endured) and one is the subject of legal proceedings. Human rights organisations believe that others are still being held with disregard to rules on police custody. - Torture is a continuing practice (the ratification of the international convention against torture has not been implemented by incrimination of this practice in the penal code). - Serious discrimination against women has continued in the personal status code as well as in a number of other legal texts - such as the penal code, nationality code and employment code - while the commission set up by the King to promote reform of the said status was not able to accomplish its mission in the time allotted. Also lamentable is the absence of any governmental strategy for promoting women’s rights. - The new press code upholds prison sentences for certain crimes and institutes the new crime (article 41) of ‘harming the Islamic religion, the monarchical regime and territorial integrity.’ But by not defining what constitutes ‘harm’ the new press code allows for arbitrariness. Aspects of the new press code, together with the possibility since 1991 of charging a journalist with flagrante delicto, restrict legal guarantees for the freedom of the press. - The new code of penal procedure preserves one of the aforementioned transitory rules: those suspected of a crime not punishable by death or life imprisonment may be judged without any preliminary investigation (on the basis of a police hearing). - Whilst the new code of penal procedure adopted by parliament a few months ago came into effect on 30th January last, a draft law for dealing with the fight against terrorism has just been put before parliament. Its aim is to extend the length of police custody (96 hours), renewable once to 144 hours and once to 96 hours in cases relating to an attack on internal or external state security and for crimes of a terrorist nature. It grants the prosecution the right to carry out a search by night and to intercept oral and written communications. - A new draft law has been put before parliament relating to the entry and stay of foreigners, irregular emigration and immigration. This draft law - enabling the police to refuse entry, registration certificates or residence permits and take people to the border to be expelled on the basis of ‘threatening public order’ - clearly runs counter to the principle of the presumption of innocence and goes against the international norm of freedom of movement. - There has been no profound legal reform to reinforce guarantees for the independence and integrity of the justice system (emergency legislation adopted at the beginning of the 1970s is still in force). - There is no strategy for improving administration, justice and public life. Continuing widespread corruption in different areas seriously compromises the constitutional right to equality before the law as well as the honesty and credibility of elections. During the last election, despite a legal arsenal aimed to suppress corruption, it was not used to punish the illicit use of funds. The Associative Collective for the Observation of Elections deplored this negative neutrality of the public authorities. The EMHRN formulates the following recommendations: A- A national plan should be implemented for the promotion of human rights in accordance with the recommendations of the World Human Rights Conference held in Vienna in 1993. This plan should be implemented as an extension of actions taken by the Moroccan government. B- The human rights commitments undertaken by Morocco, by virtue of its ratification of international pacts and conventions, should be effectively implemented, in particular as specified in the convention for the elimination of all forms of discrimination against women and the convention against torture and other cruel, inhuman or degrading punishments and treatments. C- Discriminatory laws and practices against women should be abolished and a strategy should be developed to promote women’s rights and fight violence against women. D- In cooperation with the human rights movement, adequate measures should be adopted to establish the truth on the fate of the disappeared and to rehabilitate effectively the victims of serious human rights abuses and their families. E- Torture and arbitrary detention must end. Revision of criminal legislation to reinforce the ‘collective’ security of people and State security cannot legitimate any attack on fundamental rights and freedoms (resolution of the UN General Assembly). F- The separation of the magistracy and legislature must be reinforced to guarantee the independence and integrity of justice - essential foundations of the rule of law. G- The clauses of the press code which restrict legal guarantees for the freedom of the press should be revised. H- In cooperation with interested parties from civil society, an action plan should be adopted to fight corruption in administration and public life and impunity for economic crimes. I- With the participation of the human rights movement, and in collaboration with international government bodies and non-governmental bodies, an action plan should be adopted to educate on and raise consciousness about human rights. J- Unjustified restrictions on freedom of movement by Morocco and EU Member States should be lifted. K- EU Member States and Morocco should promote guarantees to respect the human rights of immigrants and refugees. L- Within the framework of the Association Agreement, a human rights working group composed of representatives from the EU and Morocco should be established; it should meet regularly to discuss these issues and propose measures to promote human rights in consultation with civil society. M- Within the bilateral framework of the MEDA programmes and the Initiative for Democracy and Human Rights, programmes and projects dealing with human rights should be set up and reinforced. For further information please contact: Abdelaziz Bennani, President Casablanca Morocco Tel: +212 22 27 30 49 E-mail: abtbennani@wanadoo.net.ma Ms Sandrine Grenier, Coordinator in Brussels 17 rue de Londres 1050 Bruxelles tel./fax: 00 32 (0)2 / 513 37 97 E-Mail: sgrenier@euromedrights.net Marc Schade-Poulsen, Executive Director / Marit Floe Joergensen, Information Officer Euro Mediterranean Human Rights Network, Wilders Plads 8 H, DK-1403 Copenhagen K, Denmark Tel: +45-32 69 89 12 / Fax: +45-32 69 89 01 E-mail: info@euromedrights.net EMHRN, 19th February, 2003 |
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