A/HRC/21/3
the opposition won parliamentary election. Also, for the first time, Morocco also has a
judicial authority, which is headed by the Higher Council for judicial authorities. The
Constitution provides that there should be no interference in cases brought before the law
and the judge should not receive any instruction, or subject to any pressure. Other
fundamental freedoms are also protected.
70.
On the question regarding freedom of the press, Morocco indicated that there was no
control of journalists, who carry out their function in total freedom. Regarding the law on
journalism, Morocco confirmed that the existing law would be amended, in particular
cancelling any punishment through imprisonment. It also indicated that during the past four
years, only two journalists had been detained. As regards the freedom of demonstration, it
is guaranteed by the law. Unemployed young people who seek employment, sometimes
obstruct traffic or occupy public buildings, in which cases intervention become imperative.
Morocco tries to limit these interventions.
71.
Morocco recognized the importance of education and the training programmes for
law enforcement officials. Regarding the criminalization of enforced disappearance or to
limit this phenomenon, the Equity and Reconciliation Commission has carried out
important role during the transitional period and has already recommended that Morocco
put an end to cases of enforced disappearance, which is prohibited by the Constitution,
article 23, and the law. Morocco has also signed the International Convention on Enforced
Disappearance which should be ratified soon by the Parliament. Morocco signed the Rome
Statute of the International Criminal Court in 2000; it was trying to prepare all the
necessary papers to incorporate these prohibitions in national law. Since 1993, no capital
punishment has been carried out. There is also a draft law which aims at reducing the
number of crimes punished with the death penalty.
72.
Among best practices of the national human rights institution are the pluralist
composition of the institution, with reinforcement of its mandate, particularly in the field of
the protection of human rights, complaints are dealt with, there are regional mechanisms. It
has become a constitutional institution, and therefore would have to submit annual reports
to the Parliament. Morocco has done strategic planning in the field of human rights in line
with the 1993 World Human Rights Conference. The national institution coordinates
between different sectors of the civil society and different plans, particularly those
concerning vulnerable groups. Some rights are now enshrined in the Constitution such as
the right to access to water, environment and sustainable development and the Government
has drafted a Charter in this regard.
73.
The mandate of MINURSO is defined by the Security Council resolutions, starting
from resolution 690 (1991) continuing to its resolution 2044 (2012), and the agreements
between Morocco and MINURSO namely: supervision of the ceasefire and assistance in
implementing programmes related to demining and confidence building measures. The
recent resolutions are clear about the mandate of the MINURSO. With regard to human
rights, resolution 2044 (2012) welcomed the opening of two National Councils on Human
Rights Commissions in the Sahara, and the commitment to open further to all current
special procedures of the United Nations Human Rights Council.
74.
The law forbids any violence against detainees. Coerced confession obtained
through torture is inadmissible in court and is a crime. There are mechanisms for the
prevention of torture and detainees have the possibility of access to a lawyer in the first
hour of the detention. As of 2008, members of the prosecution increased their visits to
prisons. Complaints of torture are investigated and prosecuted. Juvenile delinquents are
judged by special judges in juvenile justice. There has been a national strategy to combat
violence against women in force since 2002. Laws were revised to provide greater
protection for women.
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