The National Human Rights Council (CNDH) has just published its recommendations based on its report on the human rights situation for the year 2023. These recommendations take into account Morocco’s international commitments in terms of human rights, as well as the observations and recommendations made by the various international bodies. They are based on the Moroccan Constitution and the strategic orientations of the Council and aim to improve the protection and promotion of human rights in Morocco.
Among the major recommendations, the CNDH calls for the abolition of the death penalty and the revision of the Penal Code and the Code of Criminal Procedure to align them with international standards. It also stresses the importance of strengthening interaction with the United Nations human rights system and adhering to various international and regional instruments. The Council also stresses the need to reform laws relating to freedom of expression and association, promote gender equality, and establish key constitutional institutions.
Interaction with the international system
Ratification and accession : The CNDH stresses the importance of finalizing the ratification of the Optional Protocol to the Convention on the Rights of the Child concerning a communication procedure. In addition, the Council recommends that Morocco adhere to several international and regional instruments, including the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty, as well as Convention No. 87 of the International Labour Organization concerning freedom of association and protection of the right to organize. Adherence to the Rome Statute of the International Criminal Court and the African Charter on Human and Peoples’ Rights is also encouraged.
Strengthening interaction : to strengthen interaction with the United Nations human rights system, the CNDH recommends the implementation of the recommendations issued by the United Nations Human Rights Committee, including those accepted by Morocco. It also stresses the need to address the delay in the submission of periodic national reports and to adopt the simplified procedure for drafting these reports. The Council suggests extending standing and open invitations to special procedures mandate holders to conduct visits to Morocco.
Moratorium on the death penalty : the CNDH recommends that Morocco vote in favor of the next resolution of the United Nations General Assembly deciding on a moratorium on the death penalty, and to commit more firmly to the abolition of this practice.
Legal framework
Abolition of the death penalty : The Council calls for the removal of the death penalty from the Moroccan Penal Code, a crucial step to align Morocco with international human rights standards.
Legislative reforms : It is essential to finalize and adopt several bills to align the Penal Code and the Code of Criminal Procedure with constitutional requirements and international standards. This includes measures to ensure the presence of the defense during the preliminary investigation phase, the introduction of audiovisual recording devices during the drafting of judicial police reports, and the carrying out of medical expertise in cases of allegations of torture.
Freedom of expression and association : The review of legal provisions on freedom of expression and association is crucial to promote the exercise of freedom of association and ensure adequate protection of human rights defenders, including journalists and media workers covering peaceful protests. Such revisions must be in line with international standards, including article 19 of the International Covenant on Civil and Political Rights.
Family Code and Gender Equality : the revision of the Family Code to bring it into line with constitutional provisions on equality and equity, as well as relevant international conventions, is a priority. It is also crucial to repeal all legal provisions that may discriminate against women.
Institutional areas
Establishment of constitutional institutions : The Council recommends the creation of essential institutions such as the Commission for Equality and the Fight against All Forms of Discrimination, the Consultative Council for Family and Children, and the Consultative Council for Youth and Collective Action. These institutions will play a vital role in the promotion and protection of human rights in Morocco.
National Bioethics Commission : the establishment of an independent and multidisciplinary national bioethics commission, composed of scientific, ethical and political actors, is recommended. This commission must comply with international standards, in particular those contained in the Universal Declaration on Bioethics and Human Rights.
Government structure for child protection : it is necessary, according to the CNDH, to create a government structure under the supervision of the Prime Minister’s Office responsible for the management of child protection centers, with sufficient financial and human resources to carry out their missions.
Public policies and practices
Human rights-based approach : the CNDH recommends the adoption of a human rights-based approach in the development of public policies, taking into account the sustainable development goals and the principles of participation, accountability, non-discrimination, empowerment and legitimacy. This includes updating the national action plan for democracy and human rights by integrating new human rights challenges, such as climate change, digital and bioethics.
Health and education : A national health strategy should be adopted, emphasizing human rights and the central role of the State in protecting the right to health. This strategy should include increasing the budget allocated to the health sector, improving the working conditions of health professionals, and rehabilitating health infrastructure. In addition, the level and quality of public education should be improved to promote equality of opportunity between genders and between rural and urban areas.
Social protection and conditions of prisoners : the Council insists on the adoption of all components of ILO Convention 102 on minimum social security standards and Recommendation 202 on national social protection bases. It also recommends taking urgent measures to reduce prison overcrowding, including by rationalising pre-trial detention and implementing alternative sentences.
Other recommendations
Complaints and Violations : The CNDH urges the authorities to respect the legal deadlines for responding to complaints transmitted by the Council and to take the necessary measures to ensure the accountability of those involved in human rights violations. The publication of the results of investigations carried out by public authorities is essential to ensure transparency and accountability.
Protection of personal data : Strengthening protection against the exploitation of personal data without consent is crucial. Internet companies and data brokers must be held accountable in accordance with the principle of responsible business conduct.
Amazigh language and digital : The Council recommends continuing efforts to integrate the Amazigh language into schools, universities, courts and public administrations. In addition, the digitalization of judicial procedures must be accelerated to strengthen the efficiency of the judicial system.
Combating discrimination and promoting minority rights : develop a general legal framework to combat discrimination, harmonized with international instruments and constitutional provisions. Adopt a law on older persons in line with international standards, and accelerate the ratification of draft laws on the rights of migrants and refugees.
