Print
See related documents
Resolution 1942 (2013) Final version
Evaluation of the partnership for democracy in respect of the Parliament of Morocco
1. On 21 June 2011, the Parliamentary
Assembly adopted Resolution
1818 (2011) on the request for partner for democracy
status with the Parliamentary Assembly submitted by the Parliament
of Morocco, whereby it granted partner for democracy status to the
Parliament of Morocco. The Parliament of Morocco thus became the
first to request and to be granted this status, introduced by the
Assembly in 2009 to develop institutional co-operation with the
parliaments of the Council of Europe’s neighbouring States.
2. 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 made political commitments in accordance
with Rule 61.2 of the Rules of Procedure of the Assembly. These
commitments are set out in paragraph 3 of Resolution 1818.
3. In addition, the Assembly stated, in paragraph 8 of the aforementioned
resolution, that a number of specific measures were essential to
strengthen democracy, the rule of law and respect for human rights
and fundamental freedoms in Morocco.
4. Furthermore, the Assembly stressed that progress in taking
forward reforms is the prime aim of the partnership for democracy
and should constitute the benchmark for assessing its efficiency.
5. Accordingly, the Assembly decided to review, two years after
the granting of partner for democracy status to the Parliament of
Morocco, the progress achieved in implementing the political commitments
and reforms considered to be essential.
6. The Assembly notes with satisfaction that Morocco made an
important step on the path to democratic reform when it adopted,
in July 2011, the new constitution which enshrines certain fundamental
principles, such as a commitment to universally recognised human
rights, the prohibition of all discrimination, the primacy of ratified
international conventions over domestic law, the separation of powers
and the strengthening of institutions, particularly of parliament.
However, the Assembly deplores the fact that so far only a few constitutional
laws have been adopted to implement certain provisions of the constitution.
7. The Assembly stresses the importance of continuing and speeding
up the reform process by adopting the necessary constitutional laws
and establishing the governance structures foreseen, so as to fully
implement the democratic potential of the new constitution.
8. The Assembly notes that Morocco has become a country of destination
for migrants, which requires an adequate asylum procedure, as well
as an integration policy meeting human rights standards, including
non-discrimination, the right to family reunion and social rights.
9. However, the Assembly is concerned about the human rights
situation in Morocco, in particular in relation to the reported
use of torture, inhuman or degrading treatment, poor conditions
of detention, violations of the freedoms of religion and expression,
the independence of the media, and the freedoms of association and
of peaceful assembly. Thus, it stresses the importance for Morocco
to take all necessary measures to address the specific issues referred
to in paragraph 8 of Resolution
1818 in order to reinforce democracy and respect for
human rights.
10. With regard to the political commitments entered into by the
Parliament of Morocco upon requesting partner for democracy status,
the Assembly:
10.1. notes that, while
a de facto moratorium on the death penalty
has been in place since 1993, courts in Morocco continue to hand
down death penalty sentences. The Assembly welcomes the fact that political
and public debate on the need to abolish the death penalty has become
more prominent, including the constitution of a parliamentary network
against the death penalty, and calls on the Moroccan Parliament
to abolish the death penalty in law, and, pending abolition, to
declare a de jure moratorium on executions;
10.2. notes that, despite some reported irregularities, most
domestic and international observers, including an ad hoc committee
of the Assembly, have made a positive assessment of the 2011 early parliamentary
elections. It calls on the competent Moroccan authorities to carry
out, in close co-operation with the European Commission for Democracy
through Law (Venice Commission), an in-depth analysis of the organisation
of these elections, taking into account the need to address the
reported irregularities, with a view to improving electoral legislation,
as well as certain practical aspects of organising voting and, more
generally, the electoral process as a whole before the next elections.
Furthermore, the Assembly expects to be invited to observe future
parliamentary elections;
10.3. welcomes the fact that the new Moroccan Constitution proclaims
equality between women and men and provides that the State shall
work to achieve parity between women and men. It calls on the parliament
to speed up the drafting, in co-operation with Council of Europe
experts, of legislation on establishing the authority for parity
and the fight against all forms of discrimination foreseen by the
new constitution, and to take further action to ensure that women
are duly represented at all levels of power and society;
10.4. notes that Morocco has acceded to the European Convention
on Spectator Violence and Misbehaviour at Sports Events and in particular
at Football Matches (ETS No. 120), and that it has signed the Council
of Europe Convention on the Counterfeiting of Medical Products and
Similar Crimes involving Threats to Public Health (CETS No. 211).
It further welcomes the fact that Morocco has been invited to accede
to, or to sign, a series of other Council of Europe conventions,
and it calls on the Moroccan parliament to see to it that appropriate
conditions are put in place to allow for this. The Assembly further
encourages 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), and the Council
of Europe Conventions on Action against Trafficking in Human Beings (CETS
No. 197) and on Preventing and Combating Violence against Women
and Domestic Violence (CETS No. 210);
10.5. welcomes the active participation of the Moroccan parliamentary
delegation in 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;
10.6. expects the parliament to affirm its role as a leading
political institution, a platform for national dialogue and a driving
force for change by intensifying legislative work on the reform
agenda, including in the areas referred to in Resolution 1818, and calls on the
parliament to associate more actively civil society with the law-making
process;
10.7. calls on the parliament to put into practice its general
commitment to the core values of the rule of law and respect for
human rights and fundamental freedoms, and to address issues in
these areas, including those reported by civil society organisations
and the media;
10.8. calls on the parliament to ensure the rights of association
and freedom of expression for civil society organisations;
10.9. calls on the parliament to safeguard the human rights
of refugees and other migrants by adopting legislation on asylum
and on social rights for migrants and monitoring its implementation.
11. The Assembly recalls paragraph 11 of Resolution 1818 and stresses the
urgent need for all parties involved, as well as the international
community, to step up efforts aimed at reaching a just, lasting
and mutually acceptable solution to the Western Sahara problem within
the framework of the United Nations.
12. Reiterating that the recommendations set out in paragraph
8 of its Resolution 1818 are
essential to strengthen democracy, the rule of law and respect for
human rights and fundamental freedoms in Morocco, the Assembly calls
on the Moroccan authorities to make greater efforts in order to
achieve decisive progress in these areas, and invites them to call
on the Council of Europe’s expertise to facilitate this process,
be it at the level of technical expertise, exchange of good practice
or parliamentary support.
13. The Assembly expresses serious concern that the Moroccan Penal
Code criminalises consensual sexual relations between persons of
the same sex, with penalties of between six months and three years
in prison. It notes that there are recent reports of people being
imprisoned under this legislation, and calls on the Moroccan Parliament
to initiate its repeal at the earliest opportunity.
14. The Assembly recalls that, when granting partner for democracy
status to the Parliament of Morocco, it had hoped that this would
contribute to intensifying co-operation between Morocco and the
Council of Europe and had encouraged the Secretary General of the
Council of Europe, in co-ordination with the European Union, to
mobilise the Organisation’s expertise, including that of the Venice
Commission, with a view to contributing to the full implementation
of democratic reforms in Morocco.
15. In this context, the Assembly welcomes the fact that, in April
2012, the Council of Europe and the Moroccan authorities agreed
on an action plan entitled Neighbourhood Co-operation Priorities
for Morocco 2012-2014, which contains a number of bilateral programmes
intended to assist the process of democratic transition in the country
and help tackle challenges relating to human rights, the rule of
law and democracy, including by addressing some important issues
raised in Resolution 1818. The Assembly resolves to review its implementation
and is ready to fully contribute to its parliamentary dimension.
16. The Assembly notes that the Council of Europe has established
a permanent presence in Rabat, which is called upon to play a key
role in implementing Neighbourhood Co-operation Priorities for Morocco
2012-2014. It regrets that the question of the status of this presence
has not yet been settled and urges the competent Moroccan authorities
to conclude without delay an agreement on the status of this presence.
17. The Assembly calls on all the actors involved, namely the
Council of Europe, the European Union and the Moroccan authorities,
to consider the extension of the joint activities under Neighbourhood
Co-operation Priorities for Morocco 2012-2014 beyond the three-year
period and to expand the scope of these activities with a view to
covering all the issues raised in Resolution 1818.
18. The Assembly believes that granting partner for democracy
status to the Moroccan Parliament has created new dynamics in the
co-operation between the Council of Europe and Morocco and has thus contributed
to achieving progress in taking forward reforms.
19. The Assembly encourages the members of the Moroccan partner
for democracy delegation to step up efforts in order to speed up
the implementation of the process of reform and to address the remaining
concerns with regard to the rule of law and respect of human rights
and fundamental freedoms, in line with the political commitments
entered into under the partnership and the recommendations laid
down in Resolution 1818.
20. The Assembly resolves to continue to review the implementation
of political reforms in Morocco and to offer its assistance to the
Moroccan Parliament. It will make a new assessment of the partnership
within two years from the adoption of the present resolution.