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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Morocco – 2nd Session – 2012 Scroll to: Summary of Stakeholders' Information Accepted and Rejected Recommendations (Read about the first review cycle) 5. During the period 2008–2011, Morocco continued its efforts to consolidate its achievements in the promotion and protection of human rights by strengthening the normative and institutional framework. Structural reforms undertaken include: the achievement of the strategic goals of transitional justice through the implementation of Equity and Reconciliation Commission recommendations on truth, compensation and institutional and legislative reforms; the introduction of strategic planning in the field of human rights, culminating in the adoption of the National Action Plan for Democracy and Human Rights; the expansion of the scope of individual and collective freedoms, notably freedom of association and assembly. These reforms created favourable conditions for the adoption of the new Constitution, which was the subject of broad national consultations, involving all sectors of Moroccan society: political parties, trade unions, professional bodies, human rights NGOs and youth associations. 11. Morocco has continued to accede to human rights instruments, ratifying: the Convention on the Rights of Persons with Disabilities and its Optional Protocol, the two additional protocols to the Geneva Conventions of 1949 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The process of accession to optional protocols (the First Optional Protocol to the International Covenant on Civil and Political Rights, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention against Torture) has been initiated and some reservations and declarations reviewed (withdrawal of the reservations to article 9, paragraph 2, and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, which are now obsolete as a result of reforms to laws on the family and nationality). Morocco signed the Optional Protocol to the Convention on the Rights of the Child on a communications procedure on 28 February 2012, coinciding with its participation in the nineteenth session of the Human Rights Council, and it has also announced the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance. 12. The productive dialogue with treaty bodies and special procedures has been further improved. Three periodic reports have been considered: the combined third and fourth periodic reports on the Convention on the Elimination of All Forms of Discrimination against Women (considered in 2008); the seventeenth and eighteenth periodic reports on the International Convention on the Elimination of All Forms of Racial Discrimination (considered in 2010) and the fourth periodic report on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (considered in 2011). The initial report on the implementation of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict was submitted in 2011. Further reports are currently being prepared for submission in 2012. 26. The Constitution provides for a number of other institutions mandated to consolidate human rights, including: an authority responsible for parity and combating all forms of discrimination, a family and children’s advisory council and an advisory council for youth and voluntary organizations. 51. Health indicators show the progress made in maternal and child health. The maternal mortality ratio declined from 227 deaths per 100,000 live births (Population and Family Health Survey, 2003–2004) to 112 deaths per 100,000 live births (Office of the High Commissioner for Planning survey, 2010) with a great disparity between urban and rural areas (43 deaths and 148 deaths per 100,000 live births, respectively) and neonatal mortality rates declined from 40 deaths per 1,000 live births (National Population and Health Survey II, 92) to 27 deaths per 1,000 live births (Population and Family Health Survey, 2003–2004). 52. This decline is closely related to a drop in the fertility rate (2.36 at the end of 2008), the use of family planning methods (a contraceptive prevalence rate of 63 per cent in 2004), an increase in deliveries under medical or paramedical supervision (83 per cent in 2009), the introduction of free obstetric and neonatal care and emergency obstetric care in rural areas (in September 2010), the organization and standardization of health-care services (for mother and child), the strengthening of the skills of health professionals (the introduction of new midwifery training courses, mandatory refresher courses, etc.) and the prevention and diagnosis of high-risk pregnancies, in particular through the introduction of mobile medical units. 56. Programmes to open up rural areas have resulted in a reduction in transport costs of 17 per cent for passengers and 52 per cent for goods, a drop in the price of raw materials and an increase of 83 per cent in the school enrolment rate for girls. 59. The Ministry of Education’s emergency programme for 2009–2012 focuses on the structural reform of higher education, the quantitative and qualitative development of preschool, primary and secondary education, the refurbishment of schools and improved performance. There has been a marked rise in the number of children attending school, from 6,030,375 in 2007/08 to 6,379,689 in 2010/11. Social support and coaching have resulted in a decline in dropout rates and an increase in the number of those receiving direct financial assistance under the Tayssir programme, from 88,000 pupils in 2008/09 to 609,000 pupils in 2010/11, an increase of 592 per cent; an increase in boarding school places from 76,924 to 92,061 between 2008/09 and 2010/11, i.e. an increase of 20 per cent; and a rise in the number of pupils receiving school meals at the primary and secondary levels from 946,669 in 2008/09 to 1,177,663 in 2010/11, i.e. an increase of 24.4 per cent. 60. The illiteracy rate among those aged 10 and above fell from 38.5 per cent in 2006 to 30 per cent in 2011. 75. Progress has been made, but many challenges remain. With respect to the right to life and survival, the mortality rate has fallen but further efforts are required to achieve Morocco’s Millennium Development Goal 4, which aims to lower infant and child death rates to 25 per 1,000 and infant rates to 19 per 1,000 by 2015. Positive results have been achieved in education and training and access to recreational activities, with virtually all children aged 6 to 11 now attending primary school. However, the dropout and repetition rates remain high. 76. The right to participation has been established by various laws and is reflected in the creation of forums for children’s participation and self-expression, such as a children’s parliament and communal councils for children. Sectoral initiatives have been taken under the National Plan for Children (2006–2015), including the establishment of citizenship and human rights clubs in schools (1,600 in 2009) and a children’s council in child protection centres. 77. With respect to protection, there are various programmes designed with specific objectives, including: the Inqad programme39 for children at work and young girls working as domestic servants, the Idmaj programme providing emergency care for street children, and other sector-specific programmes.40 Over the period 2008–2011, as part of efforts to combat child labour,41 5,614 children were withdrawn from work and offered viable alternatives and 7,661 children were withdrawn as a preventive measure. The protection of the health and morals of child viewers of the audio-visual media has been strengthened with the introduction of a ratings system indicating authorized ages.42 Discussions are taking place on a complaint and monitoring mechanism for child rights in accordance with general comment No. 2 of the Committee on the Rights of the Child and the Paris Principles. 78. The Constitution (art. 32) establishes equal legal protection and social and moral status for all children, irrespective of their family situation. It also provides for the establishment of a family and children’s advisory council. With respect to the right to development, article 32 of the Constitution regards basic education as a child’s right and a family’s duty. 97. Civil society initiatives: Examples of good practice include the Moroccan association for the evaluation of public policies, which has been awarded the Bill Gates Prize; the establishment of associations to prepare shadow reports within the framework of the universal periodic review; and civil society efforts to combat violence against women and to protect children from abuse. 100. The introduction of the National Action Plan for Democracy and Human Rights, targeting four priority areas: • Governance and democracy • The promotion of economic, social, cultural and environmental rights • The promotion of the rights of specific groups: children, persons with disabilities, older persons and refugees • The strengthening of the legal and institutional framework for the promotion and protection of human rights 1. In 2011, the Committee against Torture welcomed the ratification of the Convention on the Rights of Persons with Disabilities and of its Optional Protocol in 2009 and of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, in 2011, the recognition of the Committee’s competence to receive and consider individual communications, the withdrawal of various reservations to a number of international conventions, including reservations to article 14 of the Convention on the Rights of the Child and reservations to the Convention on the Elimination of All Forms of Discrimination against Women. 10. In 2011, the Committee against Torture recommended that Morocco increase its cooperation with United Nations human rights mechanisms by, inter alia, authorizing visits on the part of such mechanisms as the Working Group on Arbitrary Detention, the Special Rapporteur on trafficking in persons, especially women and children, and the Special Rapporteur on the rights to freedom of peaceful assembly and of association. 13. In 2010, CERD recommended that Morocco take all necessary steps to ensure that the Family Code is applied fully and uniformly throughout the country, and that none of the more vulnerable segments of the population, particularly women and children living in remote areas, suffer multiple discrimination. 21. The Committee against Torture also recommended that Morocco step up its efforts to prevent and combat trafficking in women and children, to have all allegations of trafficking investigated, and to ensure that the perpetrators were brought to justice and punished. In this connection, in 2011, the ILO Committee of Experts urged Morocco to ensure that the national strategy to prevent and combat the sexual exploitation of children would be implemented as soon as possible. 22. In 2011, the ILO Committee of Experts also requested Morocco to intensify its efforts to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour were carried out, and that sufficiently effective and dissuasive penalties were imposed in practice. 23. The Committee against Torture noted the lack of legislation prohibiting the use of corporal punishment within the home, at school and in institutions that provide child protection services. It recommended that Morocco prohibit the use of corporal punishment and raise public awareness of positive, participatory and non-violent forms of discipline. 32. In 2011, UNESCO stated that the adoption of a new Constitution guaranteeing better access to the right to education was an achievement and that the country had achieved quick progress in improving literacy with each generation of schoolchildren, but had not managed to reduce the gap between the two sexes. The Independent Expert in the field of cultural rights made similar comments in 2011 about the high dropout rates, in particular among girls, despite efforts undertaken. UNESCO also stated that access to basic education remained incomplete and unfair, and a significant number of children and young people continued to be outside of the educational system, deprived of educational opportunities, both formal and informal. The Moroccan educational system was facing a crisis of deficient quality, the levels of learning outcomes were low, and although many efforts were underway to create a more equitable and inclusive educational system, the results were not yet sufficiently significant. 33. In 2010, the ILO Committee of Experts urged Morocco to redouble its efforts to increase the enrolment rate, particularly among children aged between 12 and 14 years, in order to prevent them from working, particularly on their own account and in the informal sector. Summary of Stakeholders' Information 1. The National Human Rights Council (CNDH) stated that, since it had undergone the Universal Periodic Review, Morocco had ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol, the first Optional Protocol to the International Covenant on Civil and Political Rights, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime . 16. ADFM recommended that Morocco ratify the Convention on the Nationality of Married Women and the International Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. 33. AMDH and LMSCH reported that children were subject to economic and sexual exploitation, and stated that it was still very common for young girls to be domestic workers.63 LMCDH reported about trafficking in women for prostitution. 34. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that corporal punishment was unlawful in the penal system but was not prohibited in the home, in schools or in alternative care setting.65 GIEACPC recommended that Morocco introduce legislation to prohibit all forms of corporal punishment of children in all settings. 36. JS1 recommended that Morocco improve the conditions of the judiciary staff; develop and implement mechanisms for preventing bribery; and establish special courts to consider juvenile cases in big cities. 40. ADFM and FLDDF recommended that Morocco revise the Family Code to ban polygamy and the marriage of minors, and to guarantee equality between fathers and mothers in the legal guardianship of their children and gender equality in inheritance, in accordance with the new Constitution. 53. FLDDF reported that women were among the vulnerable sectors most exposed to poverty. LMCDH reported that the privatization of basic services sectors increased poverty rate.100 JS4 reported that high prices, rampant unemployment and the resulting loss in purchasing power had gradually extended the scope of hunger and associated illnesses, particularly those of small children. 56. LMCDH reported that the right to health was not included in the Constitution. JS4 noted that, despite the reforms to modernize the health system, public policies remained unresponsive to the needs of the vulnerable. AMDH added that reproductive health had deteriorated and the under-five mortality rate had not improved significantly. JS1 recommended that Morocco adopt a national strategy on health to expand medical insurance scope, especially in rural areas and take all necessary measures to address maternal and infant mortality. JS1 also recommended that Morocco provide additional data on the spread of AIDS, curbing measures, and the State support to AIDS-affected people. 57. JS4 stated that education was under severe stress on the outskirts of major cities and semi-urban areas because of overcrowded classrooms. In rural areas, girls’ school enrolment remained extremely low despite the continued policy of geographic distribution of education. Schools continued to suffer from a severe shortage of teachers. LMCDH noted the gap between the level of public and private education. JS1 recommended that Morocco develop public policies guaranteeing children’s right to education up to the age of 15, and build necessary infrastructure, with the State covering schooling expenses for needy families. 60. CHDM indicated that, despite the relevant criminal provisions, persons with disabilities still suffered much discrimination, particularly in the workplace. CHDM recommended that Morocco mobilize the necessary resources to allow children with disabilities to enjoy their right to education. CAM mentioned the particular problems of autistic children in education, and shortcomings in the right to health of persons with disabilities; it also made recommendations, particularly on stopping autism being treated as a psychosis and establishing a national fund for persons with disabilities. MDDH reported that few persons with disabilities were recruited into the public sector. CHDM also reported the restrictions on the participation of persons with disabilities in public and political life, and mentioned the issue of the restricted legal capacity of the “feeble- minded”, making a recommendation on the matter.
National Report
The following receommenations were accepted by Morocco:
A - 129.53. Step up its efforts in the field of combating trafficking of human beings and consider the possibility of inviting the Special Rapporteur on trafficking in persons, especially women and children (Belarus);
A - 129.61. Step up effort to prevent and combat sexual exploitation and trafficking in women and children, including by ensuring that all allegations of trafficking and sexual abuses are investigated and the perpetrators are brought to justice and punished (Malaysia);
A - 129.62. Enact legislative provisions prohibiting corporal punishment of girls and boys in the home and schools (Mexico);
A - 129.63. Take all necessary actions to eliminate the practices enabling perpetrators of rape to escape a criminal conviction by marrying their young victims and safeguard the rights of rape victims (Netherlands);
A - 129.65. Prohibit all forms of violence against children, including corporal punishment, in all settings (Portugal);
A - 129.66. Accelerate efforts to prevent minors from being subjected to forced or hazardous domestic labour (Slovakia);
A - 129.98. Ensure better access to health care and education by women and girls, especially in rural areas (Thailand);
A - 129.102. Step up its investment in education, healthcare, employment in order to promote economic and social sustainable development (China);
A - 129.103. Intensify efforts made to achieve further progress in enhancing economic, social and cultural rights, especially the rights of women, children, and disabled (Egypt);
A - 129.117. Take additional measures to improve universal access to primary education (Belarus);
A - 129.118. Continue its considerable efforts to integrate human rights education in the school programmes and textbooks (Djibouti);
A - 129.119. Increasing mainstreaming of human rights value in education curricula (Iraq);
A - 129.120. Continue its efforts to enhance general education, awareness campaigns and training programmes on human rights (Singapore);
A - 130.2. Continue its efforts to strengthening the rights of children, especially those concerning juvenile justice and courts competent for minors (Sudan);
A - 130.5. Continue to cooperate closely with civil society to combat child mortality so as to attain the MDG 4 (Uzbekistan);
A - 130.7. Continue its efforts to implement the strategy of the Ministry of Health, particularly in the area of maternal and child health so as to reduce even further the child mortality rate, which is in connection with the Millennium Development Goal 4 (Monaco);
A - 130.9. Continue to ensure basic education for all children in all the territory of Morocco and continue providing quality education programs with a special attention to the prevention of school dropout (United Arab Emirates);
A - 130.10. Take further measures to reduce school dropout rates (Greece);
The following recommendations were rejected:
R - 131.6. Revise the Family Code to prohibit polygamy and marriage of minors (Belgium);
No recommendations were left pending