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Resolution 2061 (2015)
Evaluation of the partnership for democracy in respect of the Parliament of Morocco
1. On 21 June 2011, the Parliament
of Morocco became the first partner for democracy with the Parliamentary
Assembly under the terms of Resolution
1818 (2011) on the request for Partner for Democracy status
with the Parliamentary Assembly submitted by the Parliament of Morocco.
The Assembly recalls that:
1.1. upon
making its official request for this status, the Parliament of Morocco
declared that it shared the same values as those upheld by the Council
of Europe and undertook substantive political commitments in accordance
with Rule 62.2 of the Rules of Procedure of the Assembly;
1.2. when granting the status, it took note of these commitments
and pointed to a number of specific measures which were essential
to strengthening democracy, the rule of law and respect for human
rights and fundamental freedoms in Morocco;
1.3. it also stressed that progress in taking forward reforms
was the prime aim of the partnership for democracy and should constitute
the benchmark for assessing its efficiency. Accordingly, it decided
to review the progress achieved in implementing the political commitments
and reforms considered to be essential;
1.4. in its Resolution
1942 (2013) on the evaluation of the partnership for
democracy in respect of the Parliament of Morocco, adopted on 25
June 2013, it took stock of political developments in Morocco and further
resolved to continue reviewing the implementation of political reforms
in the country, and to make a new assessment within two years;
1.5. additionally, in its Resolution 2004 (2014) on the parliamentary
contribution to resolving the Western Sahara conflict, it expressed
its conviction that “the progress made by Morocco in the field of human
rights in Western Sahara and the implementation of this resolution
should henceforth be taken into account in the next evaluation report
on the partnership for democracy in respect of the Parliament of
Morocco, which is due in 2015”.
2. After four years of implementation of the partnership with
the Parliament of Morocco, the Assembly, overall, makes a positive
assessment of its results. It welcomes the fact that the partnership
continues to enjoy broad support both at government and parliament
levels, as well as among political circles and civil society. It has
been instrumental in launching and developing crucial reforms in
a number of key areas, and in triggering multifaceted co-operation
between the Council of Europe and Moroccan institutions.
3. At the same time, the partnership is, and must remain, an
important tool aimed at streamlining and encompassing the programme
of reforms and increasing the role and responsibility of the parliament
in this process.
4. In this context, the Assembly notes that, while Morocco has
achieved progress in strengthening democratic governance, the pace
of legislative and institutional reforms needs to be stepped up
so as to implement fully the ambitions of the 2011 Constitution.
5. As regards the political commitments entered into by the Parliament
of Morocco upon requesting partner for democracy status, the Assembly:
5.1. regrets that no tangible progress
has been achieved with regard to the death penalty. While a de facto moratorium on executions
has been in place since 1993, courts in Morocco continue to hand
down death penalty sentences. The Assembly reiterates its call for
the Moroccan Parliament to abolish the death penalty in law, and,
pending abolition, to declare a de jure moratorium
on executions;
5.2. notes that the Moroccan partner for democracy delegation
has organised, and participated in, a series of activities aimed
at making the Assembly’s experience, and the expertise of the European Commission
for Democracy through Law (Venice Commission), available to members
of the Moroccan Parliament in order to help them in their legislative
work. At the same time, the Assembly calls on the parliament to
make use more broadly and regularly of this opportunity and to involve
more of its members in joint activities;
5.3. calls on the competent Moroccan authorities to undertake
steps, in close co-operation with the Venice Commission, with a
view to improving electoral legislation and, more generally, the
electoral process as a whole, before the next parliamentary elections
due in 2016. Furthermore, the Assembly expects to be invited to
observe these and any future parliamentary elections;
5.4. notes that, in the framework of the implementation of
the Moroccan Government Equality Plan 2012-2016, the Council of
Europe offered expertise and assistance in the preparation of the
draft law establishing the Authority for Gender Equality and the
Fight against all Forms of Discrimination (APALD) provided for in
the 2011 Constitution. It calls on the Moroccan authorities to give
more priority to action to fight against all forms of discrimination
against women and to ensure that women are duly represented at all
levels of power and society;
5.5. reiterates the call for the Moroccan authorities to initiate
a public debate on abolishing polygamy and reforming legislation
on inheritance rights with a view to ensuring equal rights for women
and men;
5.6. welcomes the fact that Morocco has acceded to, or signed,
nine Council of Europe conventions, and participates in seven partial
agreements, thus contributing to the creation of a common legal
area between Europe and Morocco. The Assembly reiterates its call
to the Moroccan authorities to consider accession to the European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (ETS No. 126), the Council of Europe Convention on
Action against Trafficking in Human Beings (CETS No. 197) and the
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (CETS No. 210);
5.7. welcomes the abolition of Article 475 of the Criminal
Code and calls on the Moroccan authorities to adopt and implement
comprehensive legislation to prevent violence against women, protect
victims and prosecute perpetrators;
5.8. welcomes once again the active contribution of the Moroccan
parliamentary delegation to the work of the Assembly and its committees,
which provides opportunities to keep the Assembly informed about
the political developments in their country in the light of the
values upheld by the Council of Europe;
5.9. encourages the parliament to play fully its role as a
cornerstone of democracy by intensifying legislative work on the
reform agenda, including in the areas referred to in Resolution 1818 (2011).
It welcomes the efforts made by the parliament to associate more
actively the National Council on Human Rights, expert communities
and non-governmental organisations with the law-making process,
and calls on it to extend this practice so as to make their voices
better heard. It further calls on the parliament to ensure full
and effective respect for the right of association and freedom of
expression of civil society organisations;
5.10. encourages the Moroccan authorities to respect freedom
of religion in accordance with paragraph 18 of the Universal Declaration
of Human Rights which provides that “[e]veryone has the right to
freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone
or in community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and observance”;
5.11. calls on the Moroccan authorities to take the necessary
steps to remove the criminalisation of adultery and homosexuality
from the Criminal Code;
5.12. remains concerned about the insufficient progress on the
issues of concern mentioned in paragraph 9 of Resolution 1942 (2013), such as
the use of torture, inhuman or degrading treatment, poor conditions
of detention, violations of the freedom of expression, the independence
of the media, and the freedoms of association and of peaceful assembly;
5.13. recalls the general political commitment of the parliament
to the core values of the rule of law and respect for human rights
and fundamental freedoms as it stems from the partnership, and urges
it to step up efforts to address issues of concern in these areas,
as well as other issues reported by the United Nations, civil society
and the media.
6. The Assembly reaffirms its strong support to the ongoing efforts
by the United Nations Secretary-General to assist the parties involved
to achieve a just, lasting and mutually acceptable political solution
in Western Sahara. It echoes United Nations Security Council Resolution
2218 (2015), which stresses the importance of improving
the human rights situation in Western Sahara and the Tindouf camps
and encourages the parties to work with the international community
to develop and implement independent and credible measures to ensure
full respect for human rights, bearing in mind their relevant obligations
under international law.
7. In this context, the Assembly welcomes, as does Resolution
2218 (2015), the recent steps and initiatives taken by Morocco to
strengthen the National Council on Human Rights commissions operating
in Dakhla and Laayoune, and Morocco’s ongoing interaction with Special
Procedures of the United Nations Human Rights Council.
8. At the same time, it takes note of serious concerns raised
by some international officials and human rights organisations about
alleged human rights violations in Western Sahara, such as torture,
inhuman or degrading treatment, violations of the right to a fair
trial and violations of the freedoms of expression, of assembly
and of association. It refers to paragraph 5 of Resolution 2004 (2014) and
urges the Moroccan Parliament to guarantee that concerns not yet
addressed are duly dealt with by the Moroccan authorities in accordance
with their international obligations and in the spirit of respect
of the basic values upheld by the Council of Europe.
9. The Assembly notes with satisfaction the results achieved
for Morocco from the implementation of the European Union/Council
of Europe Joint Programme “Strengthening democratic reform in the
Southern Neighbourhood” (South Programme I) in the period 2012-2014
and welcomes the extension of this programme under the title “Towards
strengthened democratic governance in the Southern Mediterranean”
(South Programme II) for the years 2015-2017.
10. It further welcomes the agreement between the Council of Europe
and the Moroccan authorities on a new action plan entitled “Neighbourhood
Partnership with Morocco 2015-2017”, which is meant to consolidate the
results of the co-operation carried out since 2012 through the “Neighbourhood
Co-operation Priorities for Morocco 2012-2014” and provide further
assistance in implementing the ongoing process of democratic reforms.
The Assembly resolves to review the implementation of the action
plan and is ready to fully contribute to its parliamentary dimension.
11. The Assembly resolves to continue to review the implementation
of political reforms in Morocco and to offer its assistance to the
Moroccan Parliament, and to make a new assessment of the partnership
when appropriate.