National Preventive Mechanisms against torture: challenges and good practices (International seminar)
The National Human Rights Council (CNDH) organizes, in cooperation with the Association for the Prevention of Torture (APT), on May 12th, 2015 in Rabat, an international seminar on “national preventive mechanisms against torture: challenges and good practices”. This gathering will be an opportunity to share country experiences and discuss best practices for the prevention of torture.
This seminar aims to “define the framework, organization and adequate resources to enable the future NPM in Morocco to effectively prevent torture and ill-treatment”. It will allow stakeholders in Morocco to “further reflect on the functioning of the future NPM in the light of other experiences and best practices and existing MNPs”, organizers said.
The seminar will bring together key national stakeholders (government, CNDH, civil society, parliamentarians, national institutions, judges, journalists, etc.) and international experts, including representatives of the UN Subcommittee on Prevention of Torture (SPT), the European Committee for the Prevention of Torture (CPT), Council of Europe, APT, the Danish Institute against Torture (Dignity), the Contrôleur général des lieux de privation de liberté (general inspector of all places of deprivation of liberty)-France, and two national human rights institutions designated as MNP in their respective countries (Mali and Maldives).
Morocco ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT) on June 21st, 1993. On November 1st, 2012, the Kingdom started the ratification process of its Optional Protocol (OPCAT) and deposited its ratification instruments on the 24th of November 2014, thus becoming the 76th State Party to the OPCAT.
Under Article 17 of the Optional Protocol, “each State Party shall maintain, designate or establish, at the latest one year after the entry into force of the present Protocol or of its ratification or accession, one or several independent national preventive mechanisms for the prevention of torture at the domestic level. Mechanisms established by decentralized units may be designated as national preventive mechanisms for the purposes of the present Protocol if they are in conformity with its provisions.”
The opening session of the seminar will be held on Tuesday, May 12, 2015, at 9:00 a.m (Tour Hassan Hotel). The floor will be given to Driss El Yazami, CNDH Chairman, Mahjoub El Hiba, Ministerial Delegate for Human Rights, Mohammed Aujjar, Ambassador of the Kingdom of Morocco to the United Nations Office at Geneva, and Esther Schaufelberger, APT Program Officer for MENA, for their opening statements.
CNDH releases an advisory opinion on draft ‘framework’ law on disability rights protection and promotion
The National Human Rights Council (CNDH) released an advisory opinion on draft ‘framework’ law (loi cadre) # 97-13 on the promotion and protection of the rights of persons with disabilities. The bill was referred to CNDH for opinion by the Speaker of the House of Councillors, on the 22nd of January 2015.
CNDH recommends, in its opinion, harmonizing the provisions of the bill with international human rights standards, and the Convention on the Rights of Persons with Disabilities in particular. The bill should also be aligned with the principles and objectives of the Moroccan constitution and take into account comparative experience.
CNDH's main recommendations may be summarized as follows:
Objectives and principles: revising the wording of the first objective in the bill, to refer to the prevention of causes of disability and the elimination of incapacitating effects.
Social protection, health coverage and accessibility: adding a provision to give people with disabilities, their families and family caregivers the right to compensation to help them cover their needs.
Access to the right to health: introducing provisions to guarantee free or affordable care programs and health services to people with disabilities, prohibiting involuntary or forced treatment, protecting the right to prior free and informed consent, implementing the right to access to health information, and informing, training and supporting the families of persons with disabilities and caregivers.
Access to the right to education: introducing provisions to commit public authorities to providing reasonable accommodation, according to the needs of each learner with disabilities, taking measures to facilitate the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, facilitating the learning of sign language and the promotion of linguistic identity of the deaf community, ensuring that the education of persons, and in particular children, who are blind, deaf or deaf-blind, is delivered in the most appropriate languages and modes and means of communication for the individual, in environments which maximize academic and social development.
The right to work: strengthening the rights of persons with disabilities to employment and vocational training. CNDH proposes introducing a provision to commit public authorities to supporting opportunities for self-employment, job research, job retention, and return-to-work programs. CNDH also recommends implementing the recommendations of the Office of UN High Commissioner for Human Rights on work and employment, which call on States “to adopt positive measures to increase employment of persons with disabilities in the public and private sectors, including through the promotion of self-employment schemes which are non-discriminatory and fully inclusive of persons with disabilities.”
In addition, CNDH suggests adding two provisions to guide inclusion policies targeting persons with disabilities in the labor market: the first aims at providing for incentives to encourage the employment of persons with disabilities in the private sector and the second at committing employers (in the public, semi-public or private sectors) to providing reasonable accommodation to persons with disabilities in the workplace. CNDH also recommends further strengthening the commitment of the government and public authorities to developing national standards for businesses and disability-friendly employment agencies.
Accessibility: ensuring accessibility to infrastructure and all properties, new products and services, and strengthening the commitment to removing obstacles and ensure access to the physical environment and public transportation, information and communication services. CNDH also proposes a special card to be issued to persons with disabilities at the territorial level (regional or provincial). The Council recommends adding an article to the final provisions of the bill committing public authorities to taking all necessary measures to ensure the protection and safety of persons with disabilities at risk and emergency situations, and an article committing public authorities to developing the use of sign language in all aspects of life.
The wording for the mandate of the National Committee provided for in Article 25 of the bill may confuse the levels of institutional monitoring under article 33 of the Convention on the Rights of Persons with Disabilities.
- 1st level: under the first paragraph of article 33, “States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.”
- 2nd level: under the second paragraph of article 33, States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.”
CNDH recommends the rewording of Article 25 of the bill to align its provisions with the first paragraph of Article 33 of the Convention.
CNDH’s advisory opinion included additional recommendations to ensure the implementation of the public commitments made under the bill, including public budget process, studying the impact of the bill according to the human rights based approach, as well as strengthening the treaty practice of the Kingdom.
CNDH recommends including in the economic and financial report, the gender-based budget report and the human resources report that are released with the draft Finance Report, statistics and indicators on the impact of budget decisions on persons with disabilities’ access to their rights which are guaranteed by the Constitution and the international Convention on the Rights of Person with Disabilities.
CNDH and the Central Authority for the Prevention of Corruption released a joint memorandum on draft ‘organic’ law # 13 65 on the work of the government and the status of its members (on August 1, 2013). In its advisory opinion on disability rights, the Council reaffirms the recommendation to introduce a provision to preliminary study the impact of bills and draft laws according to the human rights based approach.
The Council also recommends reformulating the objectives of the social cohesion fund, created under the 2012 Finance Act, adding as an explicit objective the financing costs related to the implementation of government commitments under the ‘framework’ law on disability rights and other relevant laws.
CNDH recommends the ratification of two highly important international conventions to strengthen the normative basis of the rights of persons with disabilities:
- World Intellectual Property Organization’s Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, signed by Morocco on June 28, 2013;
- ILO’s Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).
Prior to drafting this advisory opinion, CNDH held eight regional consultation workshops with the stakeholders concerned, from 28 January to 1 February 2015. More than 400 local, regional and national disability rights associations took part in these workshops.
CNDH held consultation meetings with three trade unions (CDT, FDT and UNTM) and the Moroccan General Confederation of Enterprises (CGEM), on 9-10 February 2015. Written contributions on the subject were received from CGEM and several trade unions.
New memorandum: Forty-five recommendations for more inclusive elections
The National Human Rights Council (CNDH) released on Wednesday, March 4, 2015 a Memorandum on the general elections legal framework, as adopted by its 9th Plenary Session, held on February 11, in Rabat.
Through this memorandum, the CNDH effectively contributes to the current public debate on the electoral laws that Parliament is considering. The memo builds on the elections observation conclusions since 2007, by the (former) Advisory Council on Human Rights and later by the CNDH.
The memorandum includes forty-five recommendations for more inclusive elections. It proposes a series of amendments and measures to contribute to achieving the constitutional goals related to parity, between men and women, and greater participation of youth in the political development and the participation of people with disabilities in the process.
The Council also recommends the participation of foreign nationals residing in Morocco in the local elections. This is actually possible under Article 30 (§4) of the Constitution.
The recommendations also concerned the expansion of the electorate, redistricting, reducing the representation gap, strengthening women's access to elective mechanisms and political representation of young people.
Some recommendations concern the legal framework of the neutral and independent observation of elections, fair access to public broadcast media as well as transparency of election campaigns. Other recommendations aim at strengthening participatory democracy mechanisms, in addition to the gender approach, the human rights based approach and the inclusive approach that should be considered in designing regional public policies. These recommendations can contribute to implementing the regional and territorial organization principles provided for in Article 136 of the Constitution.
The memorandum includes, as well, recommendations for the professional elections, particularly strengthening women's representation in the different bodies to represent employees.
Quarante-cinq recommandations pour des élections plus inclusives et plus proches des citoyens
Conference to establish national appeal committee for the regularization of migrants in irregular administrative situations
A step further in implementation of Morocco’s new migration and asylum policy
*** Joint press release - CNDH and the Ministry of Moroccans Living Abroad and Migration Affairs ***
The National Human Rights Council (CNDH) hosts, on Friday, June 27 at its headquarters in Rabat, at 3:00 p.m., a conference to establish a national appeal committee to give chance to more migrants to regularize their irregular administrative situations. Several agreements will be signed by the Ministry of Moroccans Living Abroad and Migration Affairs with other government departments and with civil society associations to facilitate integration of migrants in Morocco.
The appeal committee will be chaired by the CNDH. Members representing the Ministry of Moroccans Living Abroad and Migration Affairs, the Ministry of Interior, the Ministry of Foreign Affairs and Cooperation, the Ministry of Employment and Social Affairs, the Inter-ministerial Department for Human Rights, civil society associations and qualified individuals will set in the committee.
The committee will review the applications that the provincial commissions refused. The criteria will be consistent with the Constitution and the international human rights. The Committee will also take a humane approach.
The Ministry of Moroccans Living Abroad and Migration Affairs will sign agreements with the Ministry of National Education and Vocational Training, the Ministry of Solidarity, Women, Family and Social Development, the Ministry of Youth and Sports and the Office of Vocational Training and Labour Promotion (OFPPT).
12 agreements will also be signed with migration civil society associations. Through the implementation of these agreements, associations and organizations will contribute to the integration policy targeting regularized migrants and asylum seekers recognized as refugees.
Will also take part in this ceremony Minister-Delegate for Foreign Affairs and Cooperation, M'Barka Bouida, Minister of Solidarity, Women, Family and Social Development, Bassima El Hakkaoui, Minister-Delegate for the Interior, Cherki Draiss, Minister of Youth and Sports, Ouzine Mohamed, Inter-ministerial Delegate for Human Rights, Mahjoub El Haiba, and OFPPT Director General, Laarbi Bencheikh.
Contact:
CNDH Communication Directorate 05.37.73.29.13
Statement by Mr. Driss El Yazami, CNDH Chairman
CNDH holds press conference to present a memorandum on violence against women
The National Human Rights Council (CNDH) holds on Thursday, March 6, 2014, at 9:00 a.m., a press conference to present a memorandum in contribution to the debate on the Bill on the fight of violence against women.
This memorandum was approved by the CNDH Sixth Plenary Session, held on February 28, 2014. It sheds light on the different aspects of the issue of violence against women: the international frame of reference and concepts, the responsibility of the State in fighting gender-based violence, punishment of intentional violence, protection of victims and survivors, access to justice and care services for the victims and survivors, measures of protection and prevention, etc.
The press conference will be chaired by Mr. Driss El Yazami, CNDH Chairman.
This memo was prepared in fulfillment of the Council’s mandate in the promotion and protection of human rights, and in contribution to the current debate on the Bill on the fight of violence against women.
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Activity: Press conference to present memorandum on violence against women
Date: Thursday, March 6, 2014, at 9:00 a.m.
Venue: CNDH Headquarters, Place Achouhada, Rabat
Contact: Communication Department (0537732913)
CNDH 6th ordinary session: Fighting violence against women, freedom of association, alternatives to incarceration and justice
The National Human Rights Council (CNDH) holds its sixth ordinary session, on Friday, the 28th of February 2014, at 10:00 a.m. at its headquarters in Rabat.
The Council’s memoranda on the bill on fighting violence against women, on freedom of association, on the amnesty procedure, and on alternatives to incarceration will be discussed during this session.
The session will also discuss drafts of two complementary memorandums on the “organic law” relating to the statutes of judges and the draft “organic law” relating to the Higher Council of Judicial Power, in addition to the conclusions of a study on the freedom of assembly.
The National Human Rights Council has published several memoranda, advisory opinions and thematic reports, in fulfillment of its mandate to protect and promote human rights and to contribute to democracy building and harmonizing domestic legislations with the provisions of international human rights conventions. The Council’s publications, so far, covered the situation in prisons, mental health, child protection centers, forensic medicine activities, rights of domestic workers, the exception of unconstitutionality, the constitutional court, military justice law, migration, etc.
CNDHl is a national institution for the protection and promotion of human rights. It’s accredited as in “A” status institution by the International Coordinating Committee of NHRIs. Its founding law is in full compliance with the Paris Principles governing national human rights institutions (NHRIs), adopted by the UN General Assembly in 1993. It holds four ordinary sessions per year at most, according to its founding law, dated March 1st, 2011.
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Activity: Sixth ordinary session of the National Human Rights Council
Date and hour: Friday, the 28th of February 2014, at 10:00 a.m.
Venue: Headquarters of the Council in Rabat
Contact: Communication Department (0537732913)
My rights, my future! Cherishing children’s rights at Casablanca international book fair
The National Human Rights Council (CNDH) and the Central Authority for the Prevention of Corruption (ICPC) take part in the International Editing and Book Fair, held in Casablanca from 13 to 23 Feb. 2014. Being aware of the role that culture and reading can play in promoting human rights, the two constitutional institutions will have a joint exhibition stall to celebrate children’s rights in 20th edition of this international book event.
“My rights, my future!” is the slogan chosen for the stall, which invites the book fair visitors to a rich activity program. More than 70 partners have their marks on this program: all Moroccan children book publication houses, dozens of children’s rights associations, national institutions (Mohammed VI Foundation for the Environment, Royal Institute of the Amazigh Culture, Institut des beaux-arts de Tétouan, etc.) and international organizations (UNICEF, Council of Europe, etc.), regional education and training academies, school citizenship clubs and several art stakeholders and professionals.
The CNDH and the ICPC take part in this international book fair, together, for the third consecutive year. This year, they shed light on the rights of the generations of tomorrow…whose rights are enshrined in the Constitution of July 2011 and the international Convention on the Rights of the Child, adopted by the international community in 1989 and ratified by Morocco in 1993.
The stall was designed following an open competition for Moroccan young architects. It will be a space for entertainment and free expression for children and stakeholders alike.
The activities of the stall will evolve around children and their interest. Hundreds of books for and about children and interactive kiosks for children to entertain and learn will be available. Children will have the opportunity to “question” Moroccan and foreign senior officials about their rights and issues: Minister of women solidarity and family, Minister of public health, Minister of migration affairs, an Advisor of His majesty the Kingn CNDH and ICPC chairmen, Rector of Amazigh culture institute, UNICEF Reprehensive in Morocco, etc.. They will discuss their rights to health, education, protection, participation, culture, development, entertainment, etc. and enjoy and take part in art workshops, readings and storytelling sessions, and theatrical performances.
Tributes will be given to several pioneers who worked for the rights of children. Nine national human rights institutions (from Togo, Burkina Faso, Cape Verde, Côte d'Ivoire, Senegal, Guinea Bissau, Mali, and Sierra Leone) will take part in these activities. Their respective states are members of the ECOWAS, guest of honor at this 20th edition. They are invited by the CNDH to discuss and share experiences relating to the protection of the rights of the child in the region.
The activities of the program will be extended outside the Fair premises. A large Kermis for children’s rights will be held at a school nearby. Parades, street performances and visits to orphanages and children hospitals are scheduled in the program as well. These visits will be supervised by some regional human rights commissions.
INTERNATIONAL SEMINAR Impunity and discrimination: gender-based violence in Morocco
The National Human Rights Council and the Moroccan Spring of Dignity Coalition (a Coalition of 23 NGOs) organize an international seminar on impunity and discrimination: gender-based violence in morocco, on Thursday, 30 Jan. 2014, in Rabat.
The seminar aims to shed light on and support the current process of the elaboration and adoption of a law to combat gender-based violence, in accordance with international definitions and standards. It also aims to analyze how violence against women is addressed in the national legal framework and identify gaps and limitations in terms of punishment, protection and prevention of gender-based violence.
It will also be an opportunity to exchange lessons learned about mobilizations and international experiences in the fight against gender based violence impunity. It will discuss three main points; the current situation of gender-based violence in practice and in legislation; international experiences in combating gender-based violence: prevention and protection; and the fight against gender-based violence in Morocco: current projects and visions. A roundtable for parliamentarians from the different political trends is scheduled on the sideline of the seminar as well.
Experts and civil society, institutional and political stakeholders concerned are invited to take part in this seminar. Ms Rachida Manjou, UN Special Rapporteur on violence against women, and Ms Marie-Laurence Sranon Sossou, Minister of Family, Social Affairs, National Solidarity, Persons with Disabilities and Older People of Benin, and Ms Gordana Gasmi, Expert at the Council of Europe will also take part in this international gathering for the fight against gender-based discrimination.
.The opening sessions will be held at 9:00 a.m., at Tour Hassan Hotel, Rabat
Training session in Azilal for school citizenship and human rights clubs
The Regional Human Rights Commission of Beni Mellal-Khouribga organizes a training session for school citizenship and human rights clubs, in Azilal, at Chems Bin El Ouidane Hotel, at 9:00 a.m.The Regional Human Rights Commission of Beni Mellal-Khouribga organizes a training session for school citizenship and human rights clubs, in Azilal, at Shems Bi El Ouidan Hotel, at 9:00 a.m.
This training session is organized in implementation of a partnership agreement signed by the Commission, the Tadla Regional Academy for Training and Education and the Directorate of the Ministry of National Education in the Province of Khouribga. It also reflects the joint efforts made with these clubs and the African Film Festival Institution.
This session is also organized in preparation for a human rights & education film festival, due in May 2014. This festival aims to strengthen cooperation and coordination among the different stakeholders in the region for the promotion of human rights culture among the youth in general and within schools, in particular.