Freedom of association in Morocco: The example of ASVDH

Djimi Elghalia
Vice Pdte de l'ASVDH
When was the ASVDH born?
The Sahrawi Association of Victims of Grave Human Rights Violations Committed by the Moroccan State was created on may 7th 2005, and its main aims are: to achieve the following objectives, ASVDH maintains a unified strategy for human rights work in the Western Sahara under Moroccan occupation:
•        To respect and defend human rights
•        To work to uncover the truth about the circumstances of grave human rights violations
•        To find the unaccounted for victims of forced “disappearance” by Morocco
•        To return the remains of the Sahrawi martyrs who died in secret Moroccan prisons to their families
•        To press for the release of Sahrawi political prisoners and ……to press for the right to reparations through material and moral compensation and physical rehabilitation for the victims and relatives in accordance with International Human Rights Law and International Jurisprudence
•        To end impunity and push for the prosecution of violations of crimes against humanity related to the Moroccan occupation in Western Sahara
•        To protect the community against arbitrary abduction, forced “disappearance”, torture, murder and other forms of degradation and attacks on human diginity
•        To establish a culture of peaceful respect for human rights in Western Sahara based on the principles of the International Human Rights Covenants.

Was it difficult to have the association registered and why? What were these difficulties?
The Moroccan administration refused, on 9 January 2005, refused to recognize the date set for the convening the Founding Congress.
On 19 April 2005 ASVDH prepatory committee completed all the procedures under the Moroccan Law of Public Associations, Article 3.
In spite of these attempted obstructions, the Founding Congress was held in May 2005. After this meeting, and in accordance with Article 5 of the Moroccan law on Public Associations, all necessary steps had been taken. Yet the Moroccan authorities still refused to recognize the Association, taking steps to slow the review process.
ASVDH members include members of other past and present Sahrawi human rights groups.ASVDH has an Executive Bureau of 15 members elected by a majority of the 51-member Coordinating Council, which reports to the organization’s general Congress.Though ASVDH has never engaged in illegal activities, Moroccan authorities have targeted the Association’s Executive Committee and Coordinating Council, arresting, beating and generally subjecting them to harassment. They have been singled out only because of their membership in ASVDH.
The ASVDH is up to now not yet recognized by the Moroccan state. The difficulties at the beginning were related to fact that the Moroccan authorities refuse to receive the registration file of the ASVDH. Then the ASVDH complained near the administrative court in Agadir (Morocco) which confirmed the rights of the ASVDH to registration but the Moroccan authorities still refuse to recognize our association.

ASVDH 1rst congress in 2005

Does ASVDH experience pressure from the authorities? Are there limitations to your activities?
Since its constitution the ASVDH was all the time pressured by the Moroccan authorities. In November 2005 the president, Mr. Brahim DAHANE, of this association was arrested. On June 2006, two members were arrested and condemned to more than one year of prison (Mr. Brahim SABBARand Mr.Ahmed SBAI). On 2007 another member of the association was detained and condemned to three year (Mr. Mohamed TAHLIL president of local committee of asvdh in Boujdour). In addition, almost all member of the executive bureau were harassed or intimidated (Elghalia DJIMI, Daha ERRAHMOUNI, Mustapha DAH …) or tortured (Brahim SABBAR, THLIL Mohamed …) or prevented from traveling (Elghalia DJIMI) or expulsed from work (Mohamed MAYARA) or judged ( Brahim SABBAR, Ahmed SBAI, Mohamed TAHLIL, Sadyk Bollahi who is condemned to six month of prison) or detained for some hours and released (Elghalia DJIMI, Mustapha DAH, Daha ERRAHMOUNI, Mohamed MAYARA, Mohamed Fadel ELHAIRACH) or beaten in the street (Mohamed Fadel ELHAIRACH, Elghalia DJIMI, Brahim DAHANE, Brahim SABBAR, Salek BAZID, Daha ERRAHMOUNI).
Moreover, the ASVDH is not authorized to do any kind of activities. For example, on December 10th 2006 the ASVDH tried to organize a sit-in to celebrate the international day of the human rights, but the Moroccan authorities faced that sit-in with excessive violence.

Is it always difficult to create an association or does that depend on the nature of the association?
We should say that constituting an association in this area is impossible if it is done by Sahrawis who believe in the Sahrawi people’s right to self-determination.

What is necessary to be changed in order to improve the freedom of association?
It is important to pressure the Moroccan state and push it to accept respect the right of the Sahrawi people to freedom of association.

ASVDH Website: http://www.asvdh.net/english/