CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (continued)
Ninth, tenth and eleventh periodic reports of Morocco
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION (agenda item 7) (continued)
Ninth, tenth and eleventh periodic reports of Morocco (CERD/C/225/Add.1)
1. The CHAIRMAN announced that the Committee had before it, in a single document (CERD/C/225/Add.1), the ninth, tenth and eleventh periodic reports of Morocco.
2. At the invitation of the Chairman, Mr. Benhima, Ambassador, and Mr. Laghmari, Counsellor at the Permanent Mission of Morocco at Geneva, took places at the Committee table.
3. Mr. BENHIMA (Morocco), introducing the periodic report of his country, said that Morocco had also submitted a core document (HRI/CORE/1/Add.23) containing information on the territory and the population of Morocco, the general legal framework within which human rights were protected, and the national institutions and bodies responsible for seeing that human rights were respected. The last-mentioned section would need to be updated after the general population and housing census scheduled for the end of the current year. His delegation felt honoured to continue a constructive and fruitful dialogue with the Committee in the interests of promoting the implementation of the Convention and contributing towards mutual understanding as well as towards the harmonious development of peaceful and friendly relations among nations in conformity with the Charter of the United Nations.
4. Aware of the difficulties which the Committee had met with in the past, Morocco had supported the proposal to amend article 8, paragraph 6, of the Convention and to add to it a new provision for the purpose of having the Committee's activities funded out of the United Nations regular budget and ensuring that the Committee had sufficient resources in order to discharge its mandate efficiently.
5. Morocco welcomed the Committee's valuable contribution to the preparations for the World Conference on Human Rights (Vienna, 1993) and to the Conference itself. The Declaration and Programme of Action adopted at the Conference contained numerous references to the Convention; one of the objectives adopted by the Conference was the universal ratification by the year 2000 of six international human rights instruments adopted within the framework of the United Nations. He recalled that Morocco had ratified the International Convention on the Elimination of All Forms of Racial Discrimination in 1970, the International Covenants on Human Rights in 1979 and three conventions (the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in June 1993. It had recently become a party to the Convention on the Elimination of All Forms of Discrimination against Women.
6. The constructive dialogue which Morocco maintained with the Committee and other treaty bodies, its contribution to the work of the United Nations principal human rights bodies, the pluralist debate taking place within Moroccan society with the participation of Parliament, the Government, political parties, trade unions and non-governmental organizations - had led to the adoption of a considerable number of decisions and measures since the Committee's consideration in August 1988 of his country's eighth periodic report. Although not directly linked with the provisions of the Convention, those decisions and measures nevertheless had positive effects on the strengthening of the legal, administrative and judicial framework for the protection of human rights.
7. His delegation was at the Committee's disposal to provide any information it might require concerning developments since August 1988. Opinions would no doubt be expressed on the quality - and, possibly, the omissions or imperfections - of the present report. The Committee could rest assured that its suggestions and recommendations would be noted and brought to the attention of the Moroccan authorities.
8. Mr. GARVALOV (Rapporteur for Morocco) thanked the Moroccan delegation for its written report and oral presentation. He commended Morocco as a State party which, in amending its legal framework and improving its administrative practice, took into consideration every detail of the human rights instruments to which it had acceded. However, the country's eleventh periodic report (CERD/C/225/Add.1) called for some comments on his part.
9. First, given the fact that more than five and a half years had elapsed since the Committee had considered Morocco's preceding periodic report, the eighth (CERD/C/148/Add.2), it was fair to observe that much of the information in the eleventh periodic report was not new and that there remained "grey areas" where more information was needed. On the other hand the eleventh report did contain the Moroccan Government's replies to the Committee's comments on the eighth report (paras. 66 to 75), a fact all the more praiseworthy as such a section was not always to be found in periodic reports.
10. Part 1 of the report (paras. 1 to 10) contained general information from which it emerged that Morocco was opposed to racial discrimination, that the Moroccan Constitution guaranteed the equality of Moroccans before the law and the right of foreigners in Morocco, that an advisory council for human rights had been set up recently and - a fact of extreme importance - that bilateral and multilateral conventions ratified by Morocco were incorporated into domestic law and that their provisions were applicable and could be invoked before the courts. Morocco was to be congratulated in that regard, as the Committee did not often hear it stated so clearly by official authorities of States parties that international law had precedence over national legislation.
11. In paragraph 10 it was recalled that "the Moroccan nation has for more than 1,000 years been a melting pot in which the original ingredients have blended together completely" and that, as a result, the Moroccan nation was a single indivisible whole and censuses, surveys and studies carried out by the competent authorities were based on socio-economic criteria. That was the fundamental principle underlying the report as a whole. But Morocco was not the only State party that claimed to be a single, indivisible nation. Others had done so before the Committee. In some cases, their claim was obviously sustained by the facts, in others it was not. The matter was an issue of principle of very great importance from the point of view of the Convention, each State party having the obligation to encourage means of eliminating barriers between races and to discourage anything which tended to strengthen racial division (art. 2, para. 1 (e)). Yet it had happened that, on hearing official declarations similar to that just made, members of the Committee had had the impression that the alleged assimilation was in reality a cover-up for racial discrimination. In his opinion, that was not the case with Morocco. But why did the competent authorities proceed exclusively on the basis of "socio-economic criteria", as stated in paragraph 10 of the report? Would it be very difficult for Morocco to conduct a census that showed how many Berbers, Nomads, Sahrawis, Blacks and members of other ethnic groups there were in the country? At the end of paragraph 10 it was stated that "the idea of an 'ethnic minority' has no relevant significance in Morocco". Personally, he tended to the view that it was the prerogative of a State party to decide whether or not there were "ethnic minorities" among its population. The Committee, however, as the guardian of the Convention, was duty bound to delve further and try to establish whether the non-recognition of ethnic groups or minorities was not quite simply a means of denying the existence of racial discrimination per se. The non-binding Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (General Assembly resolution 47/135) was so far the only United Nations document on the rights of persons belonging to minorities. Its adoption had, however, not made any difference in the attitude to minorities' rights either of States Members of the United Nations or of States parties to the Convention; it had not even convinced them to employ the consensus language of the Declaration, namely, "persons belonging to national or ethnic, religious and linguistic minorities". The fundamental issue of minorities deserved to be discussed by the Committee.
12. With regard to the information on articles 2 to 7 of the Convention (paras. 11 to 65 of the report), a number of observations and questions were called for. Article 5 of the Moroccan Constitution proclaimed that "all Moroccans are equal before the law" (para. 13 of the report). A remedy could be sought before the competent courts for any discriminatory act against persons, groups of persons or institutions (para. 12). Declarations of that kind, however commendable, were not in themselves proof that acts of racial discrimination did not occur. They needed to be accompanied by detailed information showing how the available remedies were used in practice, how many cases of racial discrimination had been brought before the courts and what verdict had been pronounced in each case. He could only wonder for what reason the authors of the eleventh periodic report had not included such information.
13. According to official statements, the "single" Moroccan nation comprised Arabs, Berbers, Blacks, Sahrawis and nomads, who had blended perfectly to produce the "single Moroccan nation". Reliable reports, some from Moroccan jurists and non-governmental organizations, indicated, however, that Moroccan Blacks generally found themselves at the bottom of the social ladder, even if a few among them held high government and palace positions. There were also reliable reports that Moroccan descendants of sub-Saharan African slaves suffered various forms of discrimination, mainly because of prejudice on the part of some Arabs and Berbers, who constituted the country's two major ethnic groups. On the other hand, it was also claimed that Berber identity was not adequately preserved because the Berber languages were not taught in schools and there were no Berber publications. Admittedly, however, Berbers were well represented in the Government and the officer corps. He would appreciate clarifications concerning those points.
14. Morocco furnished information about the Jewish religion. Like some members of the Committee, he felt that information of that kind was not relevant to the implementation of the Convention unless, in a given State party, religion was the mark of the ethnic difference of a part of the population from the rest. That did not appear to be the case with Morocco, but he would welcome explanation of the mattter. With regard to the Moroccan Jewish community, it was stated that its members had access to public employment on an equal footing "with any other group of the Moroccan population". Was that not an admission, albeit inadvertent, of the existence of ethnic groups in Morocco?
15. Morocco was to be congratulated for its condemnation of apartheid (art. 3 of the Convention) and for its interest in the positive trends in the South African situation, which had changed dramatically since the time of the Convention's entry into force.
16. The information on article 4 (paras. 25 to 30 of the report) was very useful. However, it was not enough to say that spreading ideas of racial superiority or hatred was a punishable offence (para. 26) and that organizations or activities which encouraged racial discrimination were forbidden (para. 28). Information should have been provided about specific cases of violation of Moroccan criminal law through acts of racial discrimination. The reason why that had not been done was indicated in paragraph 30 of the report: "The authorities in the Kingdom of Morocco are still of the mind that it is not necessary to adopt specific measures of a legislative, judicial or administrative nature to prohibit any act or encouragement of racial discrimination." He doubted whether that position, long held by Morocco, was compatible with article 4 of the Convention, which placed an obligation on States parties "to adopt immediate and positive measures" in that connection. Furthermore, no country could ever be completely certain that it would be spared acts of racial discrimination or incitement thereto. That was illustrated by recent events in certain parts of the world, and in particular in certain former States of Europe. The Committee had come to the conclusion that racial discrimination in the world had not abated and that, what was even worse, it was manifesting itself in new and subtler forms. What were the concrete provisions of which it was said that they were quite sufficient to "put a stop to any racist movements ... or to punish any act of racial discrimination" (para. 25) and by which any act or encouragement of racial discrimination would "inevitably be covered" (para. 30)? Lastly, did the statement in paragraph 27 mean that political associations or organizations founded on ethnic grounds were prohibited in Morocco?
17. The information provided under article 5 was very useful and interesting, but, in the absence of any information about specific cases or complaints and about the procedures by which they were handled, it was hard to be sure of the adequacy of the protection and safeguarding of the right of everyone to equality before the law (para. 31) and of the guarantees of free and equal access to the courts for all Moroccans and all aliens (para. 32). That was especially so as some Moroccan legal experts had criticized the court procedures, pointing out that the Government often ignored legal guarantees of procedural due process, particularly in the countryside and whenever Blacks or Sahrawis were involved. There had been reports of arbitrary arrests of Sahrawis and Blacks, and of the existence of secret detention centres for detainees held without judicial process.
18. The contents of paragraph 38 required further clarification in the light of reports about Blacks, nomads and Sahrawis being placed in lower social positions than Arabs and Berbers.
19. What had been the conclusions and findings of the commission set up to review the Moudawana (Code of Personal Law) with a view to restoring Moroccan women's rights (para. 41)? What specific rights had needed restoring? The rights of Berber, Black, Sahrawis and Nomadic women? Those of Jewish women? And for what reasons had the Moroccan legislature decided to embark on the preparation of a new labour code (para. 42)? Were there shortcomings in the old code which allowed cases of discrimination on racial and ethnic grounds? Had the new labour code been adopted by Parliament?
20. Other questions needed to be answered in connection with article 5. Were the Sahrawis free to move within Morocco and free to leave the country and return unimpeded? Had the Royal Consultative Council on Human Rights established in 1990 with a view to recommending reforms found any acts of racial discrimination in Morocco? Did Morocco's Baha'i come from a single ethnic group or from among the Arabs, Berbers, Blacks, nomads and Sahrawis? Why were they refused passports to leave the country? Who were the Christians in Morocco? Arabs, Berbers, or only Blacks and aliens residing in the country? Was it true that besides Islam, which was the religion of the State, only Judaism and Christianity were tolerated in Morocco? If so, was that not in conflict with article 5 (vii) of the Convention and article 1 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief? It was puzzling to say the least to read in paragraph 70 of the report that it was felt necessary "to protect the country against the emergence of atheist movements that might lead to anarchy or civil war, which would run counter to the provisions of the international instruments on human rights". Recent developments in various parts of the world had shown that the real threat came from Islamic fundamentalism.
21. With regard to article 6, it was not enough to state that "under the Moroccan Constitution and legislation, a number of remedies are available to any person who claims that his fundamental rights have been violated through an act of discrimination" (para. 48). The crux of the matter was to ascertain how the system of remedies functioned in practice, and that could not be done without information about specific cases brought before the courts and about the ways in which they had been settled and the legal remedies used. Such information would also help to sustain the claims of "the independence of the judiciary and the impartiality of judges" made in paragraph 50 and of openness of "access to the Kingdom's courts ... to all Moroccans and aliens under the same conditions" made in paragraph 49.
22. The information concerning article 7 was detailed and threw sufficient light upon the situation in the fields of education, culture and information. It seemed, however, that the Moroccan Government, while "still of the view that the laws at present in force in Morocco are adequate to prevent any act of racial discrimination or hatred" (para. 75), felt a need to conduct courses dealing "directly or indirectly with questions of racial discrimination" (para. 57). If it was necessary to acquaint schoolchildren and university students with the evils of racial discrimination, it was surely equally important to have specific provisions in the country's legislation to cover acts of racial discrimination and racial hatred.
23. Turning to the Moroccan Government's replies to the Committee's comments on the eighth periodic report, he quoted two statements in that report which referred to the situation of Moroccan Jews and which seemed to him somewhat contradictory. Thus it was stated in paragraph 67 that if Moroccan Jews were subject to special legislation solely with regard to their personal law, that was merely recognition of the rights of a religious community, but in paragraph 69 that Moroccan Jews represented "a component of the Moroccan population which is distinguished by its religion". Second, with reference to paragraph 68, which indicated that censuses in Morocco were carried out without any account being taken of ethnic or racial criteria, he recalled that the Committee had consistently requested States parties for information on the demographic composition of their populations because it was of help in assessing the States' implementation of the Convention. In that connection, he stressed that indicating the demographic composition of its population did not a priori oblige a State party to recognize the existence of "minorities" within its population, or to grant them "special rights" - which, incidentally, would be contrary to the letter and spirit of the Convention.
24. In conclusion, he congratulated Morocco on its continued cooperation with, support of the Committee and on its important contribution to the cause of elimination of racial discrimination throughout the world.
25. Mr. de GOUTTES (France) emphasized that Morocco's report was of special interest to the Committee because the country, which affirmed the Islamic values of tolerance and openness, played a key role in the balance of a region faced with the rise of fanaticism and intolerance. He proposed to add a few questions to those raised by Mr. Garvalov. With regard to the general part of the report, it would be helpful if a future report contained precise information on the ethnic composition of the population. He would also welcome further information about the advisory council mentioned in paragraph 8, the setting up of which represented an important innovation. What was the composition of the council? What were the guarantees of its independence from the Executive? What exactly was the scope of its responsibilities?
26. With regard to article 4 of the Convention, Morocco had not fully met the requirements of the Committee, which had constantly emphasized the need for all countries to enact provisions in criminal law specifically to punish acts of racial discrimination. Special anti-racist legislation was essential for three reasons: to ensure compliance with the Convention, for purposes of prevention, and for purposes of deterrence. It was therefore to be hoped that the Moroccan Government would make a gesture of goodwill in that direction before submitting its next report.
27. The statement in paragraph 39 of the report that "with the exception of political activities, the rights of aliens are guaranteed by the Constitution in the same way as those of citizens" was an important one. But did it apply to all the rights and public freedoms listed in article 5 of the Convention?
28. Concerning available remedies (para. 52), the next report should include statistics on the number of complaints, proceedings and convictions relating to racist acts. In cases of racism, could anti-racist associations and organizations for the protection of human rights institute legal proceedings on behalf of private individuals?
29. Was the statement in paragraph 71 to the effect that the Moroccan legislature wanted to preserve the country from atheism and considered any overt act of atheism or atheistic propaganda to be a criminal offence compatible with the principle of "freedom of conscience" mentioned in paragraph 70, a principle said to be guaranteed by the Constitution and by law? The point was undoubtedly a very delicate one for a country in which Islam was the State religion. But did not atheists also have a right to freedom of conscience and of expression?
30. He proposed next to refer to three situations reported by humanitarian associations. First, drought had driven whole rural families to flee to the outskirts of large cities, exacerbating the phenomena of unemployment, exclusion, delinquence, etc. Had any measures been taken to assist those families, and, more generally, to combat the disparities which existed between the very highly privileged minority of the population and the great majority, which lived under extremely precarious conditions?
31. Second, according to the 1993 report of Amnesty International, there had been demonstrations in towns in the south of the country and in Western Sahara in protest against the deterioration of living standards and the apparent absence of a political solution to the Western Sahara conflict. Arrests and trials were alleged to have taken place. Would it be possible to have information on that point?
32. Third, International Federation Terre des Hommes had alluded to the difficult situation of illegitimate children, who were socially rejected because the shariah and Muslim tradition did not accept them. The problem was doubtless more a matter for the Human Rights Committee or the Committee on the Rights of the Child, but as it more often than not affected young women from very poor peasant families, it was closely linked with poverty.
33. In conclusion, he thanked the Ambassador and the Government of Morocco for their efforts to maintain with the Committee an open and sincere dialogue in the spirit of tolerance and fraternity which the eleventh report described as the cardinal rule of Islam and of the Kingdom of Morocco.
34. Mr. SONG said that Morocco's eleventh periodic report had been prepared in conformity with the Committee's directives and answered questions that had been raised previously. The additional information he would appreciate concerned first of all the implementation of article 5. It was a little surprising to read in paragraph 46 that measures to deal with illiteracy were the responsibility of the Ministry of Social Affairs. What were the respective areas of responsibility of that Ministry and the Ministry of Education? What were the illiteracy rates in the countryside and in urban areas following the literacy campaign?
35. Second, with regard to the advancement of the status of women, it was stated in paragraph 41 that a commission had been entrusted with making an initial review of the Code of Personal Law with a view to "restoring" the rights of Moroccan women. Was it to be concluded that women's rights had been neglected during a certain period of time and, if so, why and what was the situation now?
36. Third, the independence of the judiciary and impartiality of judges were, according to the report, guaranteed by the Constitution (para. 50). As a rule, constitutions merely proclaimed general principles which were then amplified in specific laws, such as, for example, laws to ensure the impartiality of judges. He would welcome explanation of the situation in Morocco.
37. Fourth, the report indicated that population censuses were carried out on the basis of socio-economic criteria rather than of racial, ethnic or language criteria (paras. 10 and 68), and that the mingling between ethnic groups had been such that no distinction could be drawn between them. For the purposes of the Committee, however, such a distinction was necessary. He believed that the Moroccan population included groups of, for example, French, Italian, Spanish, Berber and Jewish origin which had their own language, their own culture and their own religion. In so far as those groups formed part of Morocco's history and culture, it ought to be possible to distinguish between them in population censuses. What was their present status and what had their status been previously?
38. Fifth, as nomadism could be said to have disappeared because of the improvement in living conditions (para. 73), he asked what economic changes had occurred in the life of Berbers and whether their nomadic traditions and culture had changed. Was there a difference between the nomads and other Moroccans in terms of educational level and of difficulties regarding employment?
39. Sixth and last, he recalled that under article 4 of the Convention States parties were required not only to eradicate racial discrimination, but also to prevent it by adopting laws to that end.
40. Mr. VALENCIA RODRIGUES wished to know, first, what were the powers of the advisory council for human rights (para. 8) and what the council had done up to the present. Noting that multilateral conventions could be invoked before Moroccan courts (para. 9), he inquired whether that principle applied to article 4 of the Convention; the point was an important one in view of the fact that the Moroccan authorities did not consider it necessary to adopt specific measures of a legislative, judicial or administrative nature to prohibit any act or encouragement of racial discrimination (para. 30).
41. Moroccan Jews were reported to be well integrated; could examples be given of their integration? There were also in Morocco some aliens - several thousands - of French, Spanish and Italian origin, as well as a large Berber population. He asked whether the French, Spanish and Italian communities were at the same level of integration as the Jewish community, and what measures were being taken in respect of the Berbers.
42. Referring to paragraph 28 of the report, where it was stated that any organizations or propaganda activities which encouraged racial discrimination were illegal and forbidden, he asked whether any organizations had already been declared illegal in practice and whether the provision under which participation in such activities was a punishable offence had already been applied. Had the bill relating to the new labour code (para. 42) been approved by Parliament, and what were its most important new provisions from the point of view of the Convention?
43. He would welcome information about the results of the social programmes undertaken for the benefit of the different groups in Moroccan society (para. 44). Bearing in mind that that society was homogenous and governed by the principles of Islam, could the Moroccan delegation cite any instances of the lodging of complaints of racial discrimination with the Procurator of the Kingdom or the courts?
44. Ms. SADIQ ALI, expressing a particular interest in Western Sahara, recalled that the United Nations had wished to organize a referendum on self-determination for Western Sahara before the end of 1983 but that the consultation had been postponed, with the Polisario Front accusing Morocco of wanting to register voters who agreed with its cause. A United Nations-sponsored referendum on the future of Western Sahara scheduled for January 1992 had still not taken place. The Sahrawis had agreed that Security Council resolution 690 (1991) was the best and only solution. What was the position now?
45. In September and October 1992 there had been demonstrations in a number of towns in southern Morocco and Western Sahara in protest against falling living standards and the failure to reach a political settlement of the Western Sahara issue. According to Amnesty International, scores of people had been wounded by police bullets and more than 100 people had been arrested, many of them suffering prolonged incommunicado detention and ill-treatment, without being brought to trial.
46. Amnesty International further stated that hundreds of people of West Saharan origin reported to have disappeared in custody in previous years were believed to be still held in secret centres or camps in Morocco. According to testimony received by Amnesty International from people who had "disappeared" for periods of up to 18 years, there were in Morocco secret detention centres where prisoners were completely cut off from the world and held without trial or judgement, often in appalling conditions which endangered their lives. Amnesty International had invited the Moroccan authorities to appoint an independent and impartial commission of inquiry to visit all the places reported to be such centres of detention, and had also called for the release of all persons incarcerated "illegally". Most of the "disappeared" were Sahrawis who had been imprisoned after Morocco had seized control of Western Sahara in 1975. Had the investigation recommended by Amnesty International taken place?
47. Most of the 200 "disappeared" Sahrawis who had been freed from long-term secret detention in 1991 were said to be kept under strict surveillance and to be subject to restrictions on their freedom of movement, association and expression. Some were said to have been required to move from their home regions to reside in the south of Morocco. Conversely, the Kingdom of Morocco had encouraged Moroccans to relocate to the region in order to guarantee a favourable outcome of the referendum on the sovereignty of Western Sahara to which Morocco had grudgingly agreed. In April 1991, Amnesty International had submitted information about its concerns in Morocco and Western Sahara under the confidential procedure established by virtue of Economic and Social Council resolutions 728 F (XXVIII) and 1503 (LXVIII).
48. On 30 December 1991, King Hassan II had announced reforms to the Code of Criminal Procedure; she would be grateful if the relevant texts could be made available to the Committee. An advisory council for human rights had been established in 1990 to make reform recommendations. Could the Committee be told more about what that council had achieved so far? Lastly, according to a newsletter published by the International Work Group for Indigenous Affairs, the percentage of Berber speakers in Morocco was between 60 and 70 per cent of the population, which totalled approximately 25 millions. A Berber nationalist movement with predominantly rural roots had long been in existence under the name of the Popular Movement. What was the status of the Berbers now and did they still have nationalist aspirations?
49. Mr. ABOUL-NASR thought it a matter for great regret that the Moroccan Government's position with regard to action to be taken pursuant to article 4 of the Convention remained unchanged from the time of the earlier reports and that the competent Moroccan authorities did not "think it necessary to introduce specific rules of law on situations that did not exist in Morocco" (para. 75). Such an attitude being contrary to the provisions of the Convention, he would confine himself to recalling the views concerning States parties' obligations under that instrument which he had expressed on the occasion of the consideration of the eighth periodic report (CERD/C/SR.148/Add.2); they were reported in summary record CERD/C/SR.822. He greatly hoped that Morocco would reconsider its position and that the next report would contain information that was satisfactory in that respect.
50. His second comment related to the fact that members of the Committee sometimes referred to information brought to their attention without quoting their sources. It was important, both for members of the Committee and for the delegation of the State party whose report was being considered, to know the sources of information referred to during the debate in order to be able to analyse that information in full knowledge of the facts. He therefore appealed to members of the Committee to cite their sources, whether they were press articles, other publications or information emanating from non-governmental organizations.
51. Third, even though there seemed to be no problem in connection with the Convention, it would be of interest to have more details concerning the Jewish population of Morocco. Jews from all over the world had attended a conference recently held in Morocco to discuss matters which might also be of interest to the Committee.
52. Fourth, he wondered whether the situation of children born outside wedlock really came under the Convention on the Elimination of All Forms of Racial Discrimination. Whatever the answer to that question, it might be preferable to leave it to each State to seek means of resolving the problems faced by such children in the light of its own traditions and cultural and religious values. What was accepted in one country was not in another, and it was a well-known fact that all religions, and not only Islam, took a very firm stand on matters pertaining to the family.
53. The last point he wished to raise was that of atheism and freedom of conscience. It was stated in paragraph 70 of the report that freedom of conscience was guaranteed in Morocco by the Constitution, and in paragraphs 71 and 72 that, in order to ensure the continuity of the State, to preserve law and order and to forestall any attempt to sow anarchy, the Moroccan legislature had declared any overt act of atheism or propaganda in favour of it to be a criminal offence. He failed to see in what way that contravened the Constitution. If the Convention required States to adopt criminal laws to punish the activities of organizations which incited racial hatred, why should atheistic organizations, which advocated the overthrow of institutions and changes of regime that might plunge a country into anarchy, be treated differently? It was not a question of criminalizing atheism as a belief but of criminalizing attempts to overthrow a regime by force.
54. Mr. DIACONU remarked that the Committee was not in the habit of looking for ethnic groups where there were none; nor was it averse to the mingling of populations, which, by eliminating distinctions, could eliminate potential for discrimination. World history showed, however, that ethnic mingling was never complete and that there were always some groups which were left out and often discriminated against. It should not be forgotten that the Convention protected groups as well as individuals and institutions against discrimination on grounds of national or ethnic origin, even where no discrete ethnic groups existed. That was why the Committee insisted on having information on that subject even if it was only information on individuals and had no relation with the existence of a particular ethnic group. Furthermore, no country could exist in isolation, and there was bound to be at least some mingling of the population with foreigners arriving from abroad. Problems of racial discrimination could arise in that connection. To what rules were aliens in Morocco subject regarding the preservation of their national identity? Could they use their mother tongues, in particular before the courts? Could they be educated in their own languages and preserve and develop their national cultures? What were the legal regime applicable to persons coming from neighbouring countries and their status from the point of view of equality before the law and of culture, language and national identity? Some information about the situation of the numerous Moroccans who lived in other countries would also have been welcome. What was their situation from the point of view of their identity?
55. The question of the Sahrawis had been sufficiently dealt with by other members of the Committee. He would confine himself to requesting the Moroccan delegation, in his turn, to shed more light on that subject.
56. The object of article 4 of the Convention was essentially that of preventing discrimination. The Committee was duty-bound to draw the attention of Governments to the obligations set forth in that article. Certain western countries greatly attached to freedom of expression and association had already come to the conclusion that they had to adopt restrictive laws and measures in that field. Every country should consider doing the same because the provisions of article 4 were imperative and because such measures were necessary, if only for preventive purposes.
57. Mr. YUTZIS thanked the Moroccan delegation for the periodic report and for its presence, which bore witness to Morocco's will to maintain a permanent dialogue with the Committee. He wished to emphasize that point because everyone knew which were the States that seemed to have a great deal of difficulty in implementing the Convention and in submitting reports.
58. He shared the concerns expressed by other Committee members in connection with the implementation of article 4 of the Convention. Drawing attention to the report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1994/26), he asked Morocco to provide explanations on the at least 204 cases of unexplained disappearances in the context of the Western Sahara conflict.
59. In the last paragraph of its analytical country summary on Morocco, the Anti-Racism Information Service stated that science and technical curriculums were taught in French, thereby eliminating the large monolingual Arabic population from those programmes. That also applied to the Berber community, which had its own language and lived in mountainous regions. What efforts was the Government making to provide that community with access to scientific and technical knowledge?
60. With regard to the implementation of article 5, he was concerned by what was said in paragraphs 70 and 71 of the report and wished to state his own personal and subjective position. He was not personally in favour of the existence of a State religion, whatever it might be. The inquisition in the West had benefited neither States nor religion, and had resulted in persecution not only of alleged unbelievers but also of the faithful of other religions, such as Jews and Muslims. Nor was he in favour of militant atheism; its effects had not been positive either. That was illustrated by the history of the former iron-curtain countries, which had succeeded neither in attaining their objectives nor in eliminating religious beliefs. Indeed, Mr. Gorbachev had recognized that the Orthodox Church formed part of the cultural heritage of the peoples of the former Soviet Union. As for fundamentalism, that was a matter not only of a religious concept but also of a psychological structure which went beyond the limits of any democratic system. Fundamentalism was an attitude to life; it was not necessarily only religious. There could also be secular fundamentalism, as there could be fundamentalism in the sphere of politics, science or even sport. Paragraphs 70 and 71 of the report suggested that Islam was the only thing that could guarantee the security and stability of the State and that the emergence of atheist movements could be the cause of anarchy or civil war. As Mr. Garvalov had hinted, it would seem that it was fundamentalists, rather than atheists, who were the enemies of stability today.
61. Under Moroccan law, any overt act of atheism or propaganda in favour of atheism was regarded as a criminal offence. That raised the question what might constitute an act of propaganda. There was also the problem of non-religion or non-religiosity as a possible way of life that did not lead to the establishment of a political party or of any institution capable of harming the State or have any other effect than, perhaps, a change in cultural models. If an intellectual published an article on such matters in a specialized review, would that be an act of propaganda? Those were all comments of a general nature and were not necessarily addressed to Morocco. According to certain countries which insisted on atheism as a way of life, it was religion that threatened the security of the State. The position that emerged from paragraphs 70 and 71 of the report was disturbing. It cast a veil of doubt over what might become of the essential basic relationship between pluralism and democracy. He wished to emphasize that he was not and had never been a proponent of anarchy but was a convinced supporter of democratic pluralism.
62. Mr. AHMADU said that many of the comments he had wished to make had already been made by other members of the Committee, especially Mr. Garvalov, Mr. de Gouttes, Mr. Abou-Nasr and Mr. Yutzis.
63. As Mr. Abou-Nasr had said, Committee members should reflect together on how the dialogue with States parties to the Convention ought to be conducted. Some countries could not reply to questions relating to their ethnic composition, their Constitution prohibiting them from collecting information on that point because of the possibility of harm to national cohesion. On the other hand, statistical information on foreigners living in the country could be of considerable interest. He found it difficult to believe that any country, however homogeneous, was completely free from racial discrimination or racist tendencies. Even if it was so in relation to its own citizens, it was probably not so in relation to foreigners who resided in it or who entered it in order, for example, to find employment or to marry.
64. Other members of the Committee had already raised questions about the status of women, about the Sahrawis - whom the Moroccan Constitution defined as Moroccans - and about the Berbers. He, too, would appreciate more information about those matters. He would also have liked to see in the report a paragraph, or perhaps even a chapter, concerning the treatment of Blacks from the southern Sahara, especially those who were not Moroccans. How many of them were there? What was their social status? Most of them were the descendants of slaves. Many were in domestic employment. He had no objection to the emphasis which the report placed on the Jewish population. Jews and Blacks formed two groups exposed to discrimination pretty well the world over. Morocco was one of the countries where Blacks were treated best, a fact that could have been brought out in the report.
65. He appealed to Morocco to consider making the declaration referred to in article 14 of the Convention.
66. Mr. BANTON said that he wanted to make a general comment on the criteria to be employed in determining whether a report was "good". In order for a report to be so qualified, it was necessary for the country to indicate what measures it had taken to implement the Convention. In its recommendations I of 1992 and VII of 1985, the Committee had requested States parties which had not already done so to inform it more fully of the extent to which the provisions of article 4 (a) and (b) were effectively implemented. The Committee had therefore to examine the relevant information provided in the report of Morocco, concerning which he agreed with other members that the statements in paragraphs 13 and 75 could not be deemed acceptable. He also shared the views expressed regarding demographic data. In that connection, he drew attention to paragraph 8 of the guidelines regarding the form and contents of reports. Certain States felt that they ought not to bring out ethnic factors when conducting population censuses. However, in the absence of quantitative information, they should supply a qualitative description of the ethnic characteristics.
67. The last sentence of paragraph 10 of the report was almost cavalier in its reference to the concept of an ethnic minority. What the Committee wanted to know was whether there were people of different ethnic origins in the country. The key question was whether certain persons considered that they were less well treated than others by reason of their ethnic origin. If they did, the Committee had to try to see whether that belief was justified and, if such was the case, what remedies were available, more especially to persons belonging to the least privileged strata of the population. The Committee's role consisted, inter alia, in determining whether the reporting State was conscious of its obligation to protect such persons in conformity with the Convention.
68. The CHAIRMAN said that the consideration of the periodic report of Morocco (CERD/C/225/Add.1) would be continued at the next meeting.