VZCZCXYZ0016
OO RUEHWEB

DE RUEHRB #0779/01 1161621
ZNR UUUUU ZZH
O 261621Z APR 06
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3548
INFO RUEHAS/AMEMBASSY ALGIERS PRIORITY 3949
RUEHLO/AMEMBASSY LONDON PRIORITY 2920
RUEHNK/AMEMBASSY NOUAKCHOTT PRIORITY 3150
RUEHFR/AMEMBASSY PARIS PRIORITY 4173
RUEHTU/AMEMBASSY TUNIS PRIORITY 8836
RUEHCL/AMCONSUL CASABLANCA PRIORITY 1621
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0511
RUEHGV/USMISSION GENEVA PRIORITY 0965

UNCLAS RABAT 000779 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR NEA/MAG, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV MO
SUBJECT: GOM SEEKS US SUPPORT IN BID FOR HUMAN RIGHTS 
COUNCIL SEAT 
 
 
¶1. (U) This cable is sensitive but unclassified.  Please 
treat accordingly. 
 
¶2.  (SBU)  Post received the following diplomatic note and 
aide-memoire seeking US support for Morocco's candidacy to 
the Human Rights Council.  As the aide-memoire is a 
comprehensive summary of how the GOM views its 
accomplishments in the area of human rights and reform, post 
encloses it in its entirety. 
 
¶3.  (SBU)  Begin unofficial translation of Diplomatic Note, 
dated April 19, 2006. 
 
The Ministry of Foreign Affairs and Cooperation presents its 
compliments to the Embassy of the United States of America in 
Rabat and, referring to its Diplomatic Note #961 dated March 
20, 2006, regarding the candidacy of Morocco to the Human 
Rights Council, has the honor to forward to the Embassy the 
enclosed memorandum showing a series of undertakings 
demonstrating the Kingdom of Morocco's resolution to 
contribute to protecting and promoting Human Rights, in 
accordance with resolution A/RES60/251. 
 
The Government of the Kingdom of Morocco seeks the support of 
the United States of America for its candidacy to the Human 
Rights Council at the forthcoming elections on May 9, in New 
York. 
 
Complimentary closing. 
 
End diplomatic note. 
 
¶4.  (SBU) Begin text of Aide-Memoire: 
 
The Kingdom of Morocco makes the promotion and protection of 
human rights and fundamental freedoms the core issue of its 
national and international priorities.  That is in fact the 
reason that prompted the Kingdom to present its candidacy to 
one of the 13 seats allocated to Africa, at the 
newly-established Human Rights Council. 
 
Aware of the importance accorded by the United Nations to 
human rights issues which are no less important than those 
dealing with development, international peace and security, 
the Kingdom of Morocco has, from the outset, actively 
supported the creation of the Human Rights Council, 
expressing thus its hope that human rights will be further 
reinforced and strengthened. 
 
The Kingdom of Morocco, while drawing upon the tolerant 
precepts of Islam, its time-honored civilization values and 
its international commitments, has made democracy, the 
primacy of law, and good governance irreversible choices. 
Just as underlined in its national constitution, which 
consecrates the Kingdom's adherence to universally recognized 
human rights and fundamental freedoms, Morocco strongly 
believes that a genuine reinforcement of the state of law is 
the best guarantee for attaining sustainable development of 
the individual and the community alike. 
 
Widely recognized as a crossroads for different civilizations 
and cultures, Morocco has emerged as a strong actor for 
peace, tolerance and understanding between nations.  Faithful 
to the founding principles of its historical identity, the 
Kingdom of Morocco continues to concentrate all its efforts 
to promote inter-cultural and inter-religious dialogue. 
 
The Kingdom of Morocco ratified most of the international 
instruments and undertook to submit regular national reports 
on the implementation of its multilateral commitments.  It 
has also given due follow-up to all relevant recommendations 
and conclusions of international organs and treaties. 
Ensuring their effective implementation continues to be the 
top priority of the Moroccan government. 
 
The past five years witnessed a considerable increase in the 
pace of reforms, that concerned notably the adoption of new 
laws, the harmonizing of the national legislation with 
international commitments, the setting up of governmental 
structures and national follow-up institutions, with a view 
toward effectively implementing relevant decisions and 
 
continuously assessing the role and contribution of civil 
society in that area. 
 
Actions taken at the legislative level 
-------------------------------------- 
 
Actions taken at the legislative level concern the revising 
or adoption of several national legislations such as: 
 
--The code of public freedoms 
--The penal code and penal procedures 
--The family code 
--The adoption of a new law related to political parties 
--The adoption of a specific law against torture 
--The penalization of sexual harassment at the work place 
--The adoption of a new code for the press 
--The adoption of a new law regulating the civil status 
--The reform of a law on child legal custody 
--The adoption of a new law regulating entry and stay of 
foreigners in Morocco 
 
Furthermore, the Moroccan Parliament adopted a law against 
torture, which entered into force on February 2006.  The law, 
which has integrated the definition of torture contained in 
the Convention against torture, imposes sanctions on any 
State's agents found guilty of torture or bad treatment.  It 
aims at reinforcing the Moroccan judicial apparatus which 
helps prevent, fight and deter all kinds of abuse or human 
rights violations. 
 
Harmonizing the national legislation with international 
engagements 
----------------------------- ------------------------- 
------------- 
 
The harmonizing of the national legislation with the 
provisions of the international legal instruments on human 
rights ratified by Morocco continues to be a priority for the 
Moroccan authorities in order to ensure the effective 
implementation of the obligations arising from international 
instruments. 
 
To ensure the continuous follow-up of the conformity of 
national laws, two inter-governmental bodies were set up, 
namely the Inter-Ministerial Committee in charge of the 
review of Morocco's reservations and declarations made on 
certain instruments it ratified, and a National Commission on 
Human Rights and Humanitarian Law. 
 
Thus, the Inter-Ministerial Commission in charge of Public 
Liberties, Human Rights and International Humanitarian Law, 
under the chairmanship of the Prime Minister, has recently 
decided: 
 
--The adherence of the Kingdom of Morocco to the first 
Optional Protocol related to the Covenant of Civil and 
Political Rights; 
 
--The withdrawal of the reservations concerning article 14 of 
the International Convention of the Elimination of all forms 
of Racial Discrimination; 
 
--The withdrawal of the reservations concerning articles 20 
and 22 of the Convention Against Torture; 
 
--The withdrawal of the reservations concerning article 14 of 
the Convention on the Rights of the Child and its replacement 
by an explanatory declaration, taking into consideration 
several constitutional and legal references. 
 
Actions at the Institutional level 
---------------------------------- 
 
The Kingdom of Morocco has acquired many mechanisms such as: 
 
The Consultative Council for Human Rights (created in 1994, 
and reorganized on April 10, 2001), on the basis of the Paris 
Principles regulating national human rights institutions. 
The Council enjoys large prerogatives, such as giving 
consultative opinions relating to the protection of rights 
and fundamental freedoms of citizens, social groups and 
 
associations in charge of submitting annual reports on the 
situation of human rights in Morocco; making recommendations 
on the conformity of national laws to international 
commitments; encouraging Morocco's adherence to various 
international instruments or ratification thereof with the 
view to examining cases of human rights violations and making 
recommendations in this regard.  The Council is an active 
member of the international committee for the coordination 
among national human rights institutions (CIC), which Morocco 
chaired for two consecutive years (2003-2005). 
 
The Equity and Reconciliation Commission (IER) : The 
commission was set up in April 2004 with the objective to 
ultimately close the files of past human rights violations in 
Morocco.   It has presented its final report in December 2005. 
 
The IER has carried out a global assessment of settling cases 
of forced disappearance, arbitrary detention and human rights 
violations in Morocco between 1956 and 1999.  It has led 
inquiries in cooperation with public authorities, victims, 
their families and representatives as well as concerned 
non-governmental organizations.  It has organized public 
hearings for victims or their relatives.  The IER has thus 
been able to discern the nature, the degrees and contexts of 
these violations, in the light of the international 
humanitarian law.  It has also brought under light cases of 
forced disappearance and stipulated settlement procedures 
thereof or the closure of the cases of deceased victims. 
 
In terms of compensation, the IER has decided on cases of 
victims of outrageous human rights violations or from their 
assigns.  Besides the compensation decisions, the IER equally 
recommended medical and psychological rehabilitation, social 
reintegration, the settlement of some legal, administrative 
and professional disputes, as well as expropriation cases. 
Thus, a statement was made to the effect that certain regions 
and communities have suffered collectively and directly or 
indirectly from the sequels of political violence.  The IER 
gives particular attention to community reparation.  In this 
context, it has stipulated the adoption and support of 
socio-economic and cultural development programs in favor of 
several cities and regions.  It also recommended the 
transformation of old illegal detention centers. 
 
The IER has finalized a report comprising the results of 
investigations and analyses concerning violations and their 
contexts, as well as reform recommendations likely to 
preserve the memory, guarantee the non reoccurrence of 
violations, eliminate their sequels, restore and reinforce 
confidence in the institutions and respect the rule of law 
and human rights.  The Consultative Council for Human Rights 
is responsible for taking the necessary measures at the 
governmental and non governmental levels to ensure the 
follow-up and the implementation of these recommendations. 
 
Diwan Al Madhalim (Ombudsman)- This body is an institution in 
charge of mediating between citizens and public authorities 
in order to respect the rules of equality, equity and the 
primacy of law.  It equally contributes to conciliation 
between citizens and administrations as well as to 
extra-judiciary settlements of administrative disputes while 
examining complaints of those who consider themselves victims 
of illegal or inequitable administrative decisions. 
 
The Royal Institute for the Amazigh Culture (IRCAM) was 
created on October 17, 2001 and has as its main mission the 
promotion of different forms of expression of the Amazigh 
(Berber) culture and patrimony and their full integration in 
the national educational system.  The Institute's mission is 
to promote and preserve the Moroccan Amazigh cultural wealth 
as an important and crucial component of the national 
identity. 
 
The enhanced status of Moroccan women 
------------------------------------- 
 
The Kingdom of Moroccan is committed to promoting the status 
of women.  On January 26, 2004, the Parliament adopted a new 
family code, making gender equity a fundamental principle of 
the Moroccan society and a basis for the strengthening of the 
family unit, while keeping in mind the foremost interests of 
 
children to whom Morocco attaches a crucial importance. 
 
In addition, the Moroccan Government counts many women among 
its Cabinet members.  Also, the ratio of women representation 
in the Parliament has increased from 0.6 percent in the 1997 
legislative elections to 10.8 percent in the 2001 elections 
(the present Parliament counts 35 women MPs). 
 
To achieve the objectives of the United Nations for education 
in human rights, a national education program in human rights 
has been implemented at various school levels and training 
institutes of judges and state agents. 
 
Convinced that Human Rights are universal, indivisible and 
interdependent Morocco launched, the National Initiative for 
Human Development (NIHD) as an integrated plan aiming at 
reducing social disparities and achieving sustained and 
harmonious socio-economic development, based on proximity, 
good governance, goal-oriented projects and transparent and 
rational management of budgetary resources. 
 
Pledges made by Morocco 
----------------------- 
 
The Kingdom of Morocco is committed to: 
 
Ensure the ratification or the adherence to the very few 
international instruments to which Morocco has not yet become 
a party, including those in the process of being finalized 
(the International Convention for the Promotion and 
Protection of the Rights of Handicapped Persons) or those to 
be adopted (The International Convention on Forced 
Disappearances); 
 
Continue cooperation with the special procedures.  In this 
context, it is worth mentioning that the special Rapporteur 
on child trafficking, child prostitution and child 
pornography and the special Rapporteur on the rights of 
migrants paid two visits to Morocco, respectively in 2000 and 
¶2003.  Morocco will continue to respond promptly and 
regularly to the future communications addressed by the 
special procedures; 
 
Present, on a regular basis, periodical reports to the 
relevant bodies, ensure high-level participation to 
international conferences and apply pertinent recommendations 
and observations.  In this regard, in 2006, Morocco presented 
its initial report on the implementation of the Optional 
Protocol to the Convention on Rights of the Child on the 
Child Trading, child prostitution and child pornography. 
Next month, Morocco will present its periodical report to the 
economic, social and Cultural Committee; 
 
Contribute actively to the work of the Human Rights Council 
through an approach based on cooperation, consultation and 
dialogue for the promotion, protection and the respect of all 
human rights be they economic, social, cultural, or civil and 
of political rights in addition to the right of development; 
 
Maintain and strengthen the support to the United Nations 
High Commissioner for Human Rights in the implementation of 
its mandate and contributing, within its capacity, to its 
budget; 
 
Continue its cooperation with different bodies and 
international and regional organizations working in the Human 
Rights field; 
 
Strengthen national mechanisms in charge of the diffusion of 
human rights culture, such as the Center of Documentation, 
Information and Training in the field of Human Rights, which 
was created in Morocco with the contribution of the United 
Nations High Commissioner for Human Rights.  This Center 
supports the efforts made in favor of human rights education 
and fundamental freedoms; 
 
Continue to promote the role of women in various national 
sectors, to protect the children from abuse and to guarantee 
the complete participation of the vulnerable persons in 
active life; 
 
Share experiences with the members of the International 
community, mainly in the arena of the compensation of human 
rights violations as well as benefit from the successful 
experiences of other countries in the area of human rights; 
 
Ensure high-level participation to the debates of the 
Council, take active part in the negotiations of its 
different decisions and resolutions, co-sponsor the existing 
and upcoming initiatives and support concretely the 
international Human rights corpus.  (In this context, it is 
worth mentioning that Morocco and Norway were the initiators 
of the resolution on the defenders of human rights at the 
Human Rights Commission); 
 
Continue to maintain a genuine, responsible and constructive 
dialogue together with permanent consultations with the civil 
society, both at the national and the international levels; 
 
Continue to harmonize the national legislation with 
international commitments.  In fact, a new law on the 
abolition of the death penalty is at the final stage of 
examination, and is subject to a national debate. 
 
Consider the waving off of Morocco's reservations made on 
certain international instruments.  As a case in point, the 
Kingdom of Morocco is committed to withdrawing, very soon, 
the following reservations concerning the Convention of the 
elimination of all kinds of discrimination against women 
(CEDAW): 
 
--The waving off of the reservation of paragraph 2 in article 
9 stipulating that women enjoy the same rights as men in 
terms of their children's citizenship; 
 
--The waving off of the reservation of the indented line h, 
paragraph 1, article 16 stipulating that women have the right 
to decide, on an equal basis as men, on the right of 
establishing family planning and to access data related to it; 
 
--The waving off of the reservation on paragraph 2, in 
article 16, concerning the absence of all legal effects 
related to engagement and marriage of children and 
stipulating the necessity to fix the minimum age for marriage 
and its consignation in official records; 
 
--The review of the paraphrasing of the second part of the 
declaration presented on article 2 of the Convention, 
stipulating the adoption of the legal provisions for the 
consecration of the equality principle between men and women; 
 
--The removal of the declaration in paragraph 4, article 15 
stipulating that men and women enjoy the same rights of the 
legislation regarding the movement of individuals and the 
freedom to choose their place of residence, 
 
--The replacement of the reservation formulated for paragraph 
1, article 16 by an explanatory declaration; 
 
--The adherence of the Kingdom of Morocco to the additional 
optional Protocol of the CEDAW Convention. 
 
End text of Aide-Memoire 
 
------- 
Comment 
------- 
 
¶5.  (SBU)  The GOM, as outlined in the aide-memoire, has made 
significant progress on human rights.  Indications are that 
this progress will continue, despite backsliding in freedom 
of the press.  For example, as part of the process of lifting 
the GOM reservations on CEDAW, parliament, during the spring 
session, will debate a new "nationality code," which will 
enable children born to Moroccan mothers who are married to 
non-Moroccans to become citizens, during the spring session. 
The Penal Code continues to be revised; meetings are being 
conducted by the Ministry of Justice (MOJ) during the week of 
April 23 to determine further necessary reforms.  In March, 
the MOJ published a convention against torture, as previously 
reported by the embassy. 
****************************************** 
 
Visit Embassy Rabat's Classified Website; 
http://www.state.sgov.gov/p/nea/rabat 
****************************************** 
 
Riley