COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
1. The Committee considered
the twelfth and thirteenth periodic reports of Morocco (CERD/C/298/Add.4)
at its 1282nd and 1283rd meetings, on 6 and 7 August 1998, and, at its
1296th meeting held on 17 August 1998, adopted the following concluding
2. The Committee welcomes
the State party's submission of its twelfth and thirteenth periodic
reports and expresses its satisfaction to the delegation for the additional
information supplied orally and in writing to the wide range of questions
raised by the members of the Committee during the consideration of the
reports. The Committee notes that, although the reports submitted by
the State party are in keeping with the Committee's guidelines, more
detailed information is required on the implementation of the Convention.
The Committee also welcomes the constructive, open and fruitful dialogue
conducted with the delegation of the State party.
B. Positive aspects
3. The State party's new
policy of giving greater attention to human rights issues, including
the objectives of the Convention, is welcomed with satisfaction.
4. The Committee takes note
with interest of the activities of the Human Rights Advisory Council
and the Ministry of Human Rights, particularly with regard to ongoing
efforts to study all laws and regulations to assess their conformity
with the relevant international human rights instruments, including
the International Convention on the Elimination of All Forms of Racial
5. It is noted with interest
that the State party and the Office of the United Nations High Commissioner
for Human Rights in Geneva have launched a project to introduce human
rights education in primary and secondary school curricula and to set
up a national centre for human rights studies.
6. Note is taken with satisfaction
of the establishment in 1995 of regional councils for culture and the
increased attention being paid to Berber culture, particularly in respect
of measures to include Berber dialects in school curricula.
7. The Committee welcomes
the efforts by the State party to improve its relations with international
and national non-governmental organizations dealing with human rights,
including the objectives of the Convention, and the progress made in
opening up to civil society.
C. Principal subjects of concern
8. While taking note of
the State party's point of view on the problems involved in determining
the ethnic composition of the population, the Committee finds that there
is a lack of information on this point in its reports.
9. With reference to article
4 of the Convention, the Committee welcomes the statement by the State
party that domestic legislation will be brought into line with the Convention
once the Penal Code is amended, but it notes with concern that, at present,
there are no specific legal provisions prohibiting racial discrimination.
Although the Constitution provides for a number of human rights, including
the general principle of non-discrimination, legislative, judicial and
administrative measures to give effect to the Convention are still lacking.
In this connection, attention is drawn to articles 2, 6 and 7 of the
Convention, according to which States parties are expressly required
to adopt specific measures to give full effect to the rights in question.
10. The lack of information
on the number of complaints and judicial decisions concerning acts of
racism, regardless of their nature, and the compensation granted as
a result is a source of concern.
D. Suggestions and recommendations
11. The Committee recommends
that the State party should give information on the ethnic composition
of the Moroccan population in its next periodic report, in accordance
with paragraph 8 of the Committee's guidelines.
12. In view of article 4
of the Convention and the ongoing process of the amendment of the Moroccan
Penal Code, the Committee encourages the State party to bring the Code
into line with the provisions of the Convention and recommends that
the State party should inform it of the results of its efforts in its
next periodic report.
13. The Committee also requests
information on other legal reforms and on the results of the amendment
of the Labour Code, from the standpoint of the provisions of the Convention.
14. In its next report,
the State party should include detailed information on racially motivated
offences, including the number of complaints and judicial decisions
concerning racist acts, regardless of their nature.
15. The State party should
also supply information on the activities of the Human Rights Advisory
Council relating to the Convention.
16. While welcoming the
information provided by the delegation, the Committee would like to
have additional information in the next report on socio-economic indicators
for the situation of the Berbers, blacks, nomads, Sahrawis and other
17. The Committee requests
the State party to provide information on the results of the human rights
education project being carried out by the State party and the Office
of the United Nations High Commissioner for Human Rights, with particular
reference to the components of the project relating to racial discrimination.
18. The Committee suggests
that the State party should take steps effectively to disseminate not
only the provisions of the Convention, but also the State party's periodic
reports and the Committee's conclusions.
19. The Committee recommends
that the State party should ratify the amendments to article 8, paragraph
6, of the Convention adopted on 15 January 1992 at the Fourteenth Meeting
of State Parties to the Convention.
20. It is noted that the
State party has not made the declaration provided for in article 14
of the Convention; some members of the Committee requested that the
possibility of such a declaration should be considered.
21. The Committee recommends
that the State party's next report, which was due on 17 January 1998,
should be an updating report and that it should cover all the points
raised in these concluding observations.