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Resolution 1818 (2011)
Request for Partner for Democracy status with the Parliamentary Assembly submitted by the Parliament of Morocco
1. In adopting Resolution 1680 (2009) on the establishment
of a “Partner for Democracy” status with the Parliamentary Assembly,
the Assembly resolved to establish a new status for institutional
co-operation with parliaments of non-member states in neighbouring
regions wishing to benefit from the Assembly’s experience in democracy
building and to participate in the political debate on common challenges
which transcend European boundaries. A new Rule 60 of the Assembly’s
Rules of Procedure, setting out the conditions and methods for granting
such a status, including formal political commitments that the parliament
concerned must undertake, came into force in January 2010.
2. Less than two months later, on 22 February 2010, the Speakers
of the two Chambers of the Parliament of Morocco addressed an official
request for Partner for Democracy status to the President of the
Assembly. The Parliament of Morocco thus became the first parliament
to make such a request.
3. The Assembly takes note that, in their letter, the Speakers
of the two Chambers of the Parliament of Morocco, in line with the
requirements set out in Rule 60.2 of the Rules of Procedure, reaffirmed
that “the Parliament [they] represent shares the same values as
the Council of Europe, namely pluralist and parity-based democracy,
the rule of law and respect for human rights and fundamental freedoms”,
and committed themselves to:
3.1. “continuing
[their] efforts to raise the awareness of the public authorities
and the main players in politics and civil society of the need to
make progress in the discussion of issues relating to capital punishment
and [to continuing] to encourage the authorities concerned to maintain
the de facto moratorium that
has been established on carrying out the death penalty since 1993.
[They] intend to base [their] institutional and legislative work
on the experience of the Assembly and of the European Commission
for Democracy through Law (Venice Commission), bearing in mind that
Morocco has been a member of the Venice Commission since 2007”;
3.2. “continuing their efforts to raise the awareness of the
public authorities and politicians so that favourable conditions
can be established for the holding of free, fair and transparent
elections”;
3.3. “encouraging the balanced participation of women and men
in public life and politics”;
3.4. “encouraging the authorities concerned to accede to relevant
Council of Europe conventions and partial agreements that can be
signed and ratified by non-member states, in particular those dealing
with human rights, the rule of law and democracy, bearing in mind
that Morocco is – in addition to its participation in the Venice
Commission – already a member of the North-South Centre, [a member
state of the European and Mediterranean Major Hazards Agreement
(EUR-OPA)] and also a Contracting Party to the Convention on the
Conservation of European Wildlife and Natural Habitats”;
3.5. “inform[ing] [the] Assembly regularly on progress made
in implementing Council of Europe principles in [their] country”.
4. The Assembly therefore considers that the request by the Parliament
of Morocco meets the formal criteria set out in its Rules of Procedure.
5. Furthermore, the Assembly acknowledges that the Parliament,
political forces, state and public officials and civil society of
Morocco broadly share the objectives of the partnership for democracy,
which aims to strengthen democracy, the rule of law and the respect
for human rights and fundamental freedoms in the country.
6. At a time when the peoples of a number of Arab and Mediterranean
countries have clearly expressed the wish to acquire fundamental
political and social rights, the Assembly deems it important that
Morocco, with its well-established political institutions and traditions
of political pluralism, continues on the path of democratic transformation.
7. The Assembly welcomes Morocco’s commitment to deep constitutional,
institutional, political and legal reforms, and encourages the state
authorities of Morocco to make full use of the Council of Europe
expertise and draw inspiration from Council of Europe standards
in carrying out such reforms. It further welcomes a new draft constitution
as an important step towards consolidating the principles of democracy,
respect for human rights and the rule of law. It notes with satisfaction,
in this context, that co-operation between Morocco and the Council
of Europe has increased significantly in recent times, following
Morocco’s accession to the European Centre for Global Interdependence
and Solidarity (North-South Centre) in July 2009. It considers that
the Partner for Democracy status provides an appropriate framework
for a stronger involvement of the Parliament of Morocco in the process
of reforms.
8. Against this background, the Assembly considers that the following
specific issues are of key importance for strengthening democracy,
the rule of law and respect for human rights and fundamental freedoms
in Morocco:
8.1. holding free and
fair elections in accordance with relevant international standards;
8.2. enhancing public interest in, and awareness of, the democratic
process, as well as ensuring a higher level of participation in
elections;
8.3. strengthening public monitoring of elections by independent
observers, including strengthening the capacities of domestic observer
networks;
8.4. conducting constitutional reform, in particular by consolidating
the separation of powers and strengthening the role of the parliament;
8.5. involving and consulting civil society organisations in
legislative and other decision-making processes;
8.6. ensuring equal opportunities for women and men in political
and public life;
8.7. strengthening local and regional democracy;
8.8. abolishing the death penalty set out in the Penal Code,
going beyond the de facto moratorium
on executions which has been established since 1993;
8.9. fighting corruption;
8.10. implementing justice reform with a view to ensuring the
independence and impartiality of the judiciary;
8.11. adhering to and effectively implementing relevant international
instruments in the field of human rights, including full co-operation
with United Nations’ special mechanisms and implementation of the United
Nations Universal Periodic Review recommendations;
8.12. providing better training of judges, prison staff and
law-enforcement agents as regards respect for international human
rights standards;
8.13. preventing torture and inhuman or degrading treatment
of persons deprived of their liberty; fighting impunity for crimes
of torture and ill-treatment;
8.14. improving conditions of detention, in line with the United
Nations prison-related norms and standards;
8.15. fully implementing the recommendations of the Equity and
Reconciliation Commission (Instance équité
et réconciliation);
8.16. fighting racism, xenophobia and all forms of discrimination;
8.17. ensuring full respect for freedom of conscience, of religion
and belief, including the right to change one’s religion;
8.18. guaranteeing and promoting freedom of expression and media
independence and plurality; removing censorship; introducing a new
Code of the Press that effectively guarantees press freedom;
8.19. guaranteeing and promoting freedom of association and
of peaceful assembly; ensuring strict implementation of the law
on associations;
8.20. fighting all forms of discrimination (in law and in practice)
based on gender; ensuring effective equality between women and men,
including as regards interreligious marriages and inheritance law and,
where necessary, initiating a process of legislative revision; fighting
all forms of gender-based violence; actively promoting equal opportunities
for women and men;
8.21. ensuring that the Family Code is fully implemented while
initiating a public and political debate with a view to reviewing
the provisions which are at variance with international human rights
standards, including on the issue of polygamy.
9. The Assembly expects that Morocco will accede in due course
to relevant Council of Europe conventions and partial agreements,
in particular those dealing with human rights, rule of law and democracy
issues, in accordance with the commitment included in the joint
letter of 22 February 2010 from the Speakers of the two Chambers
of the Parliament.
10. The Assembly encourages the Council of Europe and Morocco
to incorporate these priorities in their current discussions on
a bilateral programme of co-operation. The fact that Morocco is
a member of several Council of Europe partial agreements, such as
the Venice Commission, the North-South Centre and the Co-operation
Group to Combat Drug Abuse and Illicit Trafficking of Drugs (Pompidou
Group), is in this respect clearly an added advantage.
11. Furthermore, the Assembly expects that Morocco will continue
to seek the settlement of international disputes by peaceful means
in accordance with the Charter of the United Nations. In this context,
it particularly calls on the Parliament of Morocco to enhance its
contribution to solving the Western Sahara problem in accordance
with the relevant resolutions of the United Nations Security Council.
12. Noting that the Parliament of Morocco has reiterated its determination
to work to ensure full implementation of the political commitments
contained in Rule 60.2 of the Rules of Procedure and entered into by
the joint letter of the Speakers of its two Chambers on 22 February
2010, the Assembly resolves to:
12.1. grant
Partner for Democracy status to the Parliament of Morocco as from
the moment of the adoption of the present resolution;
12.2. invite the Parliament of Morocco to appoint a “Partner
for Democracy” delegation consisting of six representatives and
six substitutes to be composed in accordance with Rule 60.4 of the
Assembly’s Rules of Procedure.
13. The Assembly believes that progress in taking forward reforms
is the prime aim of the partnership for democracy and should constitute
the benchmark for assessing the efficiency of this partnership.
14. It accordingly resolves to review, no later than two years
from the adoption of this resolution, the state of progress achieved
in implementing the political commitments taken by the Parliament
of Morocco, as well as the reforms in areas mentioned in paragraph
8 above.
15. The Assembly stresses the importance of free and fair elections
as a cornerstone of a genuine democracy. It therefore expects to
be invited to observe parliamentary elections in Morocco as from
the early elections expected in 2011.
16. The Assembly is confident that granting Partner for Democracy
status to the Parliament of Morocco will contribute to intensifying
co-operation between this country and the Council of Europe and
promoting Morocco’s accession to Council of Europe conventions.
It therefore encourages the Secretary General of the Council of
Europe, in co-ordination, as appropriate, 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, in particular in the framework
of the forthcoming constitutional reform.