Trump’s Despicable Anti-Muslim Tweeting Undercuts Islamic Allies 

U.S. and U.K. media have had full coverage of President Trump’s despicable recent re-tweeting  of anti-Muslim images and comments and his justified rebuking by U.K. Prime Minister Theresa May. [1]

Most of this coverage has focused on the source of the three videos that Trump re-tweeted (a far-right British political group) and the specifics of those videos: a fake Muslim attack on a Dutch boy; an extremist Muslim cleric’s  destroying a statue of the Virgin Mary; and a 2013 Egyptian political clash.

Surprisingly, however, another reason why this latest example of Trump’s outrageous ignorance and ineptitude should be condemned has not been mentioned. It undercuts the efforts of Islamic allies of the U.S. to combat the misuse of Islam by extremists.

As discussed in two recent posts to this blog, Saudi Arabia, a Muslim-nation and U.S. ally,  is leading a 41-member coalition of Muslim nations to do just that (Islamic Military Counter-Terrorism Coalition (IMCTC)). At the November 26 conference of this group, Saudi Crown Prince Mohammed bin Salman said, “The biggest danger of this terrorism and extremism is the tarnishing of the reputation of our beloved religion… We will not allow this to happen. Today, we start the pursuit of terrorism and we see its defeat in many facets around the world especially in Muslim countries… We will continue to fight it until we see its defeat.”

Another speaker at that conference, Dr. Mohammad bin Abdul Karim Al-Issa, Secretary General of the Muslim World League, said, “This meeting confirms the resolve of an Islamic consensus, one that takes its true meaning from the Islamic values of peace, tolerance and moderation.”[2]

This coalition’s efforts were preceded by the similar efforts of one of its members and another U.S. Muslim-nation ally, Morocco. In 2016 Morocco was the leader and the host of another conference that created the Declaration of Marrakesh. [3]

That Declaration recognized that “several predominantly Muslim countries [in recent years] have witnessed brutal atrocities inflicted upon longstanding religious minorities. These minorities have been victims of murder, enslavement, forced exile, intimidation, starvation, and other affronts to their basic human dignity. Such heinous actions have absolutely no relation whatsoever to the noble religion of Islam, regardless of the claims of the perpetrators who have used Islam’s name to justify their actions: any such aggression is a slander against God and His Messenger of Mercy as well as a betrayal of the faith of over one billion Muslims.”

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[1] E.g., Specia, The Stories Behind Three Anti-Muslim Videos Shared by Trump, N.Y. Times (Nov. 29, 2017); Sparrow, Theresa May says Trump retweeting Britain First was ‘wrong thing to do’—Politics live, Guardian (Nov. 30, 2017) (video of Prime Minister’s comments); Baker & Sullivan, Trump Shares Inflammatory Anti-Muslim Videos, and Britain’s Leader Condemns Them, N.Y. Times (Nov. 29, 2017); Bilefsky & Castle, British Far-Right Group Exults Over Attention From Trump, N.Y. Times (Nov. 29, 2017).

[2] MUSLIM NATIONS LEAD ACTION AGAINST TERRORISM, dwkcommentaries.com (Nov. 25, 2017); Muslim Nations Embrace Counter-Terrorism Coalition, dwkcommentaries.com (Nov. 27, 2017).

[3] Morocco Promotes Moderate Islam with the Declaration of Marrakesh, dwkcommentaries.com (May 21, 2017).

Developments Regarding Morocco’s Human Rights

Morocco’s human rights and other issues have been explored in previous posts. Here then is an update on recent updates on the country’s human rights.

An article in the Washington Post reports, “Last month , the Moroccan Parliament once again debated legislation long sought by women’s rights activists here that would make it a crime to harass a woman in public, whether physically or verbally. Under the latest proposal, a conviction could draw a month to two years in prison. But the bill remains mired in political wrangling between reformers and members of the conservative parties.”[1]

The reason for the troubled status of this bill, according to this article, is “Morocco is a deeply conservative, patriarchal society with a ruling Islamic party that won handily in a parliamentary election last year.” Khadija Ryadi, former president of the Moroccan Association of Human Rights, said, “Everything that concerns women’s rights is connected to religion.” Another Moroccan, Amal Idrissi, a law professor at Moulay Ismail University in the city of Meknes, disagrees. He says the reason for the country’s failure to adopt laws protecting women’s rights is not religion. It’s patriarchy.”

More broadly, this September, according to the article, “Morocco rejected 44 of 244 recommendations made by the U.N. Human Rights Council following its latest UPR [Universal Periodic Review] . . .  of the country’s rights record. All 44 pertained to either women’s rights or individual rights, including laws that prevent women and men from inheriting equally and that deny rights to children born out of wedlock.” In so doing, “Morocco said its constitution must adhere to Islamic law — a striking illustration of the traditional and religious thinking hampering the country’s efforts to appear as a beacon of moderation in the region.”

Actually the 244 recommendations were made by various states or Morocco and “should not be construed as endorsed by the [Council’s] Working Group as a whole.”

U.N. Human Rights Council’s Latest UPR of Morocco

In September 2017, the Human Rights Council adopted a report by the Working Group on Morocco, but research to date has not located the Council’s official record of that action.[2]

However, Alkarama, a Geneva [Switzerland]-based non-governmental human rights organization established . . .to assist all those in the Arab world” who are at risk of human rights violations, published a press release about the outcome of this UPR. It stated that Morocco had accepted the majority of the recommendations (191 out of 244) while 44 were fully or partially rejected.

Human Rights Organization’s Reactions to Morocco’s UPR[3]

  1. Alkarama

Alkarama applauded Morocco’s acceptance of the majority of the recommendations, but expressed the following concerns:

  • Morocco’s rejection of recommendations by Sweden and the U.S. “for an end to “the prosecution of journalists” and “the detention of some individuals for solely exercising their freedom of expression and freedom of peaceful assembly and association.” Therefore, Alkarma called for calls for “the implementation of [these] recommendations and the immediate release of any person detained for exercising his or her right to freedom of expression.”
  • The need for Morocco to honor the promise by its Minister of State for Human Rights “to cooperate with the UN human rights mechanisms, . . . to implement the accepted recommendations starting . . . next year . . . . [and] to implement the Opinions of the UN Working Group on Arbitrary Detention . . . calling for the immediate release of victims of arbitrary detention.”
  • The need for Morocco “to ensure the independence of [the National Human Rights Council with promised expansion of powers, including the National Prevention Mechanism under [the Optional Protocol to the Convention Against Torture] as well as transparency in the selection process of its members in accordance with the Paris Principles.”
  • Morocco’s promised judicial reform “to strengthen the rule of law and the respect for fundamental rights” needs to “result in effective changes on the ground, guaranteeing everyone’s right to an effective remedy before an impartial and independent judicial body.”
  • “Moroccan authorities [need] to investigate all allegations of torture and to ensure that perpetrators are prosecuted and punished appropriately.”
  • “Moroccan authorities should re-examine and provide acceptable compensation to all victims of unfair trials following the Casablanca attacks, during which convictions were made on the basis of confessions under torture.”
  1. Amnesty International

Amnesty International’s report of that action by the Human Rights Council welcomed “Morocco’s acceptance of recommendations to criminalize marital rape, and ensure protection against domestic violence. However, Morocco’s “Draft Law 103.13 on combating violence against women does not comply with international standards in its definition of rape, and other barriers remain, such as the ban on abortion and sexual relations outside marriage.”

In addition and more broadly, Amnesty welcomed “Morocco’s commitment to remove obstacles in the registration of civil society organizations; to review the Penal Code in line with Article 9 of the International Covenant on Civil and Political Rights; and to develop measures to ensure full respect of freedom of expression, association and assembly in Western Sahara.” However, Amnesty “regrets Morocco’s rejection of recommendations to end the persecution of journalists and to release those detained solely for exercising their rights to freedom of expression.” Amnesty then went on to urge Morocco “to amend the Code of Criminal Procedure, in order to ensure the right to a fair trial, such as access to a lawyer during interrogation for all suspects.”

On another issue, Amnesty was “pleased to note Morocco’s commitment to speed up the review of the legal framework on migration and asylum to align it with the International Covenant on Civil and Political Rights.” However, “Morocco has yet to adopt legislation to protect asylum-seekers and refugees.”

Finally Amnesty noted that Morocco has not carried out any executions since 1993, but was concerned that “death sentences continue to be handed down and proposed changes to the Penal Code would expand the scope of the death penalty” and regretted “Morocco’s rejection of a number of recommendations to establish a formal moratorium on the death penalty, with a view to its abolition.”

  1. Human Rights Watch

HRW first noted positive human rights developments in the country and “acknowledged Morocco’s efforts to accede to international treaties, in particular its ratification of the International Convention for Enforced Disappearance and the Optional Protocol to the Convention against Torture . . . . [and positive] developments in advancing rights of domestic workers, victims of human trafficking, and persons with disabilities.”

On the other hand, HRW expressed concern and regret over the following:

  • The “government rejected key recommendations on important human rights concerns, [including]  “withdrawing all reservations to the Convention on Discrimination against Women; decriminalizing same-sex consensual relations; amending Penal Code provisions used to imprison journalists and others for nonviolent speech; and eliminating Family Code provisions that discriminate against children born outside of wedlock.”
  • The failure of the government to “comply with [previous UPR] recommendations it has accepted.”
  • “Morocco’s human rights record remains tainted by allegations of unjustified use of force by police against ‘Hirak’ protesters in the Rif, the systematic suppression of pro-independence demonstrations by Sahrawis in Western Sahara, and the failure of courts trying politically charged cases to scrutinize the veracity of contested ‘confessions’ to the police, contributing to trials that are unfair.”

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[1] Spinner, Morocco debates a law to protect women in public spaces. Passing it is another matter, Wash. Post (Nov. 5, 2017). See also Lahsini, Morocco Rejects Multiple UN Recommendations on Women Rights as ‘Unconstitutional,’ Morocco World News (Sept. 21, 2017).

[2] U.N. Human Rights Council, Report of the Working Group on the Universal Periodic Review—Morocco (July 13, 2017); U.N. Human Rights Council, The Kingdom of Morocco’s position on the Recommendations issues after review of its National Report under the third cycle of the universal Periodic Review (UPR), (Aug. 2017); U.N. Human Rights Council, 27th UPR adoptions to take place in September (Aug. 15, 2017); Alkarama, Morocco: UPR outcome adopted at UN Human Rights Council (Sept. 27, 2017).

[3] Alkarama, ibid.; Amnesty Int’l, Morocco: Human Rights Council Adopts Universal Periodic Review Outcome on Morocco (Sept. 21, 2017); Human Rights Watch, Morocco should implement past UPR recommendations (Sept. 21, 2017).

 

 

 

 

 

U.N. Human Rights Council’s Sparring Over Cuban Human Rights

This September the U.N. Human Rights Council  in Geneva, Switzerland has encountered two items relating to Cuba: (a)  a Council reprimand of Cuba for its alleged punishing some of its citizens for cooperating with the U.N. on human rights and (b) Cuba’s human rights record.

The Council’s Reprimand

On September 20 the U.N. Human Rights Council reprimanded Cuba by putting it on a list of 29 states that have “punished people, through intimidation and reprisals, for cooperating with the UN on human rights.”  Such reprisals and intimidation include travel bans, asset-freezing, detention and torture.[1]

The  29 states on the list are Algeria, Bahrain, Burundi, China, Cuba, Egypt, Eritrea, Honduras, India, Iran, Israel, Mauritania, Mexico, Morocco, Myanmar, Oman, Pakistan, Rwanda, Saudi Arabia, South Sudan, Sri Lanka, Sudan, Tajikistan, Thailand, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan and Venezuela. (The nine in bold along with 38 other U.N. members are elected by the U.N. General Assembly to serve on the Council.)

The report said the  following about Cuba:

“On 18 October 2016, some mandate holders raised with the [Cuban] Government allegations of harassment and reprisals against human rights defenders and members of the Cubalex Legal Information Center for their cooperation with the United Nations in the field of human rights (see A/HRC/34/75, CUB 3/2016). The allegations were mainly in relation to advocates’ cooperation with the Human Rights Council, its special procedures and the universal periodic review mechanism, and took the form of stop and questioning at the airport and harassment by immigration agents. Additionally, on 23 September 2016, the offices of Cubalex Legal Information Center were raided (CUB 3/2016).” (Report, Section V.B.5.)[2]

The Council’s Assistant Secretary-General, Andrew Gilmour, said, “There is something grotesque and entirely contrary to the Charter and spirit of the United Nations, and particularly this Council, that people get punished, through intimidation and reprisals, for cooperating with the U.N. on human rights,”

Complaint about Cuba’s Human Rights

On September 19, under the Council’s Agenda Item 4: “Human Rights Situations Requiring Council Attention,” a U.S. diplomat expressed U.S.’ deep concern about the human rights situation in Syria, the Democratic Republic of Congo, Burundi, Sudan, Myanmar, South Sudan, Russia, Iran, Democratic Republic of Congo, (North Korea), China, DPRK (North Korea), Hong Kong, Belarus, Turkey, Venezuela and Cuba. (Emphasis added.)[3]

The diplomat’s statement about Cuba was very short: “We urge Cuba to release political prisoners and cease the harassment of civil society groups.” (Emphasis in original.)

The U.S. statement about Venezuela, Cuba’s closest ally, was longer. It said, “We condemn the Maduro regime’s repressive actions to violate human rights including by suppressing dissent and peaceful protests in Venezuela.  We call on it to dissolve the illegitimate Constituent Assembly and restore Venezuela’s democratic institutions; hold free, fair, and credible elections as soon as possible; and provide humanitarian assistance for the Venezuelan people.” (Emphasis in original.)

Cuba’s Response.

The same day (September 19), Cuba’s Permanent Representative to the Council, Ambassador Pedro L. Pedroso Cuesta, made the following longer response:[4]

  • “Is it politicization, double standards and selectivity, [all] bad practices, that will end up prevailing in the work of the Human Rights Council? Many of us hope not.”
  • “However, what we have heard in the debate of this theme, as well as in others last week, suggests that some promote that this is the way to go by this body.”
  • “Several countries continue to seek to stand as paradigms for the promotion and protection of human rights and use this and other agenda items to criticize other countries, while xenophobia, racism and intolerance increase in their own territories to a highly worrying level.”
  • “How can one think they are seriously concerned about human rights situations in countries of the South, when they promote wars and interventions against them, and then ignore or keep their hands off the suffering they caused with these actions to citizens whose rights are supposedly sought to improve?”
  • “Why do they oppose implementing the right to development and thereby improve the situation of millions of people living in poverty?”
  • “Cuba rejects manipulation for political ends and double standards in the treatment of human rights. The accusations against my country made by the [U.S.] representative, as well as unfounded, are inconsistent with the need to promote an objective, non-politicized and non-discriminatory debate on human rights issues.”
  • “I must also draw attention to the fact that such statement, centered on the alleged violations of others, aims at ignoring all human rights violations occurring in its territory, and the deep international concern caused by the language of exclusion that appears in that country.”
  • “We demand the cessation of the economic, commercial and financial blockade imposed on Cuba for more than 55 years. The measures of June 16 to reinvigorate this blockade are doomed to failure, and will not achieve their purpose of weakening the Revolution or bending the Cuban people.”
  • “We reiterate our solidarity with the Venezuelan Government and people and call for an end to all interference in the internal affairs of that country. We demand respect for the legitimate right of the Venezuelan people to continue building the social model that drives the Bolivarian Revolution.”
  • “Let us not let the failure of the defunct Commission on Human Rights repeat itself in the Council. It is our duty to work for cooperation and respectful dialogue to prevail, and politicization, selectivity and double standards disappear once and for all.”

As mentioned in a previous post, U.S. Vice President MIke Pence at the U.N. Security Council Meeting  on September 20 complained about Cuba and certain other countries being members of the U.N. Human Rights Council in light of what he said was its oppression and repression, a charge rejected by Cuba at that same meeting and by Cuba’s Foreign Minister at the General Assembly on September 22.   https://dwkcommentaries.com/2017/09/24/u-s-cuba-relations-discussed-in-u-n-proceedings/

Conclusion

These developments at the Council do not involve the potential imposition of sanctions of any kind on Cuba. Instead they are, I believe, verbal sparring on an international stage. (If I am missing some potential sanctions, please advise in a comment to this post.)

I have not seen any Cuban response to the Council’s reprimand. In any event, Cuba as soon as possible should end any harassment of Cubalex Legal Information Center and any of its officers and employees.

Any reforms of the Human Rights Council would seem to lie with the General Assembly, which I assume would only do so after significant study, analysis and voting, and I am unaware of any such study being proposed or conducted.

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[1] U.N. Human Rts. Council, Report of the Secretary-General: Cooperation with the United Nations, Its representatives and mechanisms in the field of human rights (# A/HRC/36/31, Sept. 15, 2017)(Advance unedited version); U.N. Human Rts Council, Oral presentation by the Assistant Secretary-General for Human Rights of the Report of the Secretary-General on cooperation with the UN, its representatives and mechanisms in the field of human rights (No. 36/31 Sept. 20, 2017); U.N. Human Rts Council, Report highlights rising reprisals against human rights defenders cooperating with the UN (Sept. 20, 2017); Reuters, Record Number of States Punishing Human Rights Activism: U.N., N.Y. Times (Sept. 20, 2017).

[2] See earlier post to dwkcommentaries: Cuban Police Search and Seize Property of Independent Legal Center (Oct. 7, 2016) (CUBALEX is the Center in question); More Cuban Arrests of Dissidents ( Dec. 2, 2016) (arrest of Alfredo Ferrer Tamayo, who is ‎affiliated with Cubalex).

[3] U.S. Mission Geneva, Statement by the United States of America (Sept. 19, 2017).

[4] Cuba rejects manipulation of human rights issue in Geneva, Granma (Sept. 21, 2017).

Recent History of United States-Morocco Relations

On March 7, 1956, immediately after France’s recognition of Morocco’s independence, the United States did likewise with a statement of congratulations to Morocco, and later that same year Cavendish Cannon presented his credentials as the first post-independence U.S. ambassador to the country[1]

Since then, the two countries have had an increasingly close relationship. “The two countries share common concerns and consult closely on regional security and sustainable development. Morocco is a strong partner in counterterrorism efforts, and it works closely with U.S. law enforcement to safeguard both countries’ national security interests.”[2]

Counterterrorism Cooperation

As noted in an earlier post, Morocco participates in various multilateral counterterrorism efforts.

According to the U.S. State Department, “U.S. assistance to Morocco enhances the [latter’s] . . . capacity to promote security and prevent acts of terrorism, while addressing core drivers of instability and violent extremism, such as political and social marginalization, especially of youth. Our support has positive impact beyond Morocco’s borders in both the Middle East and Africa, bolstering Morocco’s emergence as a major partner for regional stabilization efforts and participation in the U.S.-led anti-Islamic State of Iraq and the Levant (ISIL) coalition and stabilization efforts in Libya, further contributing to U.S. security.”

Under the August 2014 “U.S.-Morocco Framework for Cooperation on Training for Civilian Security Services, [the U. S. provides] Anti-Terrorism Assistance funds [to] support the goal of developing Moroccan expertise in the areas of crisis management, border security, and terrorism investigations to strengthen regional counterterrorism capabilities and to deny space to terrorists and terrorist networks. The Framework outlines steps to identify and further develop a cadre of Moroccan training experts, jointly train civilian security and counterterrorism forces in partner countries in the greater Maghreb and Sahel regions, and measure the effectiveness of these trainings.”

The U.S. “International Military Education and Training (IMET)-funded Professional Military Education assists Morocco’s military force structure to become more similar to that of the [U.S.], which aids to further develop the interoperability required to meet shared counter-terror and counter-illicit-trafficking objectives. IMET also funds the installation of English language labs, significantly increasing Moroccan capacity and joint U.S.-Morocco efforts via a common operational language. The Moroccan military used Foreign Military Financing to bolster its air force, which conducts much of Morocco’s intelligence, surveillance, and reconnaissance in support of counter-terrorism efforts.”

The U.S. “Export Control and Related Border Security (EXBS) Program is focused on facilitating the creation, adoption, and implementation of appropriate laws and regulations that comply with [a U.N. Security Council resolution obligating] member States ‘to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, and establish appropriate domestic controls over related materials to prevent their illicit trafficking.’ In addition, EXBS provides considerable training assistance to Moroccan law enforcement and border security officials as well as equipment, such as mobile cargo scanners, for [the] Tanger-Med Port.”

Morocco’s Criminal Justice Reform Agenda

The U.S. “Bureau of International Narcotics and Law Enforcement Affairs partners with [Morocco’s] . . . national police, the penitentiary administration and the judiciary to support Morocco’s reform agenda in the criminal justice sector. The corrections program is focused on prison management practices through training and technical assistance. The police program is focused on strengthening police capacity and professionalization. The justice sector programming supports the reforms called for in the 2013 Judicial Reform Charter.”

Morocco’s Peaceful Reform Agenda

The U.S. Agency for International Development (USAID) “is working with Morocco to advance the country’s initiatives for implementing its peaceful reform agenda: USAID is enhancing the employability of Morocco’s large youth population through a model career development system and by supporting civil society initiatives that address the needs of marginalized youth susceptible to extremist recruitment. . . . USAID also improves learning outcomes in the early grades of primary schools, thus decreasing the likelihood of future dropouts. Lastly, USAID works to expand citizen participation in governance and political party engagement with citizens at the local level through more open structures and improved ability of political parties to implement policies that reflect citizens’ needs.”

Cooperation on Other Civil Matters

The November 2015 U.S. Millennium Challenge Corporation-Morocco compact provides U.S. aid “for two [Moroccan] priorities: education and land productivity. The $220 million education for employability project will work to increase access to higher-quality secondary education and workforce development programs. The $170.5 million land productivity project will assist [Morocco’s development of] . . . a sector-wide land governance strategy to help remove institutional blocks to privatization and will also work with [Morocco] . . . to increase land productivity through investments in rural and industrial land.”

The U.S. “Middle East Partnership Initiative (MEPI) program supports direct engagement with Moroccan civil society through Washington-issued grants, local grants to Moroccan civil society organizations (CSO), and exchange programs for Moroccan citizens. MEPI has been active in Morocco and the region for over a decade and has a long history of building civil society capacity, while also enabling CSO partners to support women’s empowerment, youth leadership and volunteerism, increased civic engagement, entrepreneurship, skills training, and small business development.”

U.S.-Morocco Free Trade Agreement

“In 2006, the U.S. and Morocco entered into a free-trade agreement (FTA). “Since its entry into force, Moroccan exports to the [U.S.] have more than doubled, and U.S. exports to Morocco have more than tripled. From 2005 to 2015, the total value of Moroccan goods exported to the [U.S.] increased from $445.8 million to $1 billion, and U.S. exports to Morocco have increased from $480 million to $1.6 billion. The FTA has paved the way for increased foreign direct investment [in Morocco] by helping to improve Morocco’s business climate, harmonize standards, and create legal guarantees for investors. While Morocco has made significant improvements in its business environment, foreign companies still encounter issues related to sluggish bureaucracy and lack of judicial expediency.”

Conclusion

Concluding this summary, the U.S. State Department states, “Morocco is a moderate Arab state that maintains close relations with Europe and the [U.S.]. It is a member of the [U.N., the African Union,] the Arab League, Arab Maghreb Union, Organization of Islamic Cooperation (OIC), the Non-Aligned Movement, and the Community of Sahel-Saharan States. King Mohammed VI is the chairman of the [OIC’s] Al-Quds [Jerusalem] Committee.”

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[1] U.S. State Department, A Guide to the United States’ History of Recognition, Diplomatic and Consular Relations, by Country, since 1776: Morocco. On June 23, 1776, Morocco became the first country in the world to recognize the new U.S.A. with a treaty of peace and friendship; this peaceful relationship continued until October 20, 1917, when the U.S. formally recognized the French and Spanish protectorates of Morocco. This peaceful relationship resumed on March 7, 1956, immediately after France’s recognition of Morocco’s independence,

 [2] U.S. State Department, Fact Sheet: U.S. Relations with Morocco (Jan. 20, 2017). The close relations between the two countries was also apparent in the 2013 White House meeting between President Obama and King Mohammed VI that was discussed in an earlier post. This State Department Fact Sheet was issued on the date of Donald Trump’s inauguration and thus obviously was the work of the Obama Administration’s State Department to assist the incoming administration, but to date it has not been countermanded by the Trump Administration.

 

 

 

President Obama and Moroccan King’s White House Meeting

In November 2013, Morocco’s King Mohammed VI met at the White House with President Barack Obama. Below is a photograph of the two men in the White House.

Their subsequent Joint Statement “reaffirmed the strong and mutually beneficial partnership and strategic alliance between the [U.S.] and the Kingdom of Morocco; . . . [their mapping] out a new and ambitious plan for the strategic partnership and [pledging] . . . to advance our shared priorities of a secure, stable, and prosperous Maghreb, Africa, and Middle East.   The two leaders also emphasized our shared values, mutual trust, common interests, and strong friendship, as reflected throughout our partnership.”[1]

Democratic and Economic Reforms. After the President “commended the [King’s] action and the leadership . . . in deepening democracy and promoting economic progress and human development,” the two men “reaffirmed their commitment to work together to realize the promise of Morocco’s 2011 constitution and explore ways in which the [U.S.] can help strengthen Morocco’s democratic institutions, civil society, and inclusive governance. . . . [They also] reaffirmed their commitment to the UN human rights system and its important role in protecting and promoting human rights and fundamental freedoms, and committed to deepening the ongoing U.S.-Morocco dialogue on human rights, which has been a productive and valuable mechanism for the exchange of views and information. . . . [The] President expressed support for Morocco’s initiative to reform its asylum and immigration system based on recommendations from Morocco’s National Human Rights Commission.  The President [also] welcomed Morocco’s intent to take concrete steps to . . . [ensure] women fully participate in public life, and that they lead and benefit from inclusive economic growth.”

Economic and Security Cooperation. “The two leaders emphasized that the [U.S.] and Morocco are dedicated to working together to promote human and economic development in Morocco [under several specified programs].” They noted that the two countries [had] signed a Customs Mutual Assistance Agreement . . . to expand bilateral cooperation on the detection of money laundering, trade fraud, and other financial crime. . . . [and] a Trade Facilitation Agreement that furthers the U.S.-Morocco Free Trade Agreement and represents a forward-leaning, 21st century agreement on customs reform and modernization. . . . These important initiatives reflect our common commitment to building stronger economic ties with and among the region.”

They both “recognized the importance of Morocco as a trade and investment platform for North Africa and Sub-Saharan Africa and the benefits of maintaining an attractive business climate for investment in Morocco.” A prior and upcoming “U.S.-Morocco Business Development Conference” each “aims to build on business-to-business contacts in aviation, the agriculture and food industry, and energy to expand trade and promote investment, as well as regional economic integration.” Morocco also will be hosting the “Global Entrepreneurship Summit, and both leaders highlighted the importance of fostering broad-based economic opportunity in the region, particularly for young people and women.”

Educational and Cultural Cooperation. The two leaders expressed their commitment “to exploring further cooperation to promote mutual understanding and interfaith dialogue in Morocco and throughout the region, . . . to enhance and diversify [their] exchange programs, . . . [to ratify and implement an] agreement on the registration and status of the system of American schools in Morocco, . . . to strengthening ties and increasing mutual understanding between Moroccan and American youth.”

 The Issue of the Western Sahara. “The President pledged to continue to support efforts to find a peaceful, sustainable, mutually agreed-upon solution to the Western Sahara question. . . . [The U.S.] has made clear that Morocco’s autonomy plan is serious, realistic, and credible, and that it represents a potential approach that could satisfy the aspirations of the people in the Western Sahara to run their own affairs in peace and dignity.  We continue to support the negotiations carried out by the United Nations . . . and urge the parties to work toward a resolution. The two leaders affirmed their shared commitment to the improvement of the lives of the people of the Western Sahara and agreed to work together to continue to protect and promote human rights in the territory.[2]

 Regional Security and Counterterrorism Cooperation.The leaders noted their partnership on the [U.N.] Security Council over the past two years in the advancement of international peace and security, including in Mali, the Sahel, Syria, Libya, and the Middle East.  They reaffirmed their commitment to continue to deepen civilian and military cooperation in the areas of non-proliferation and counter-terrorism.  To address their deep concern for the continuing threat posed by terrorism, the [U.S.] and Morocco intend to continue cooperation to bolster democratic criminal justice institutions and to counter the threat of violent extremism in the region.  The leaders also reinforced their commitment to regional cooperation initiatives.”[3]

 “The leaders are committed to continuing close cooperation in the Global Counterterrorism Forum and to work to strengthen regional political, economic, and security ties across North Africa and the Sahel, including through a reinvigorated Arab Maghreb Union and other regional forums.

“The President encouraged Morocco to join the [U.S.] in founding the International Institute of Justice and the Rule of Law in Malta, which intends to train a new generation of criminal justice officials across North, West, and East Africa on how to address counterterrorism and related security challenges through a rule of law framework.”

Africa. “The President acknowledged . . . the King’s leadership and the actions carried out by Morocco in the field of peace keeping, conflict prevention, human development, and the preservation of cultural and religious identity. In this context, both countries committed to explore joint initiatives to promote human development and stability through food security, access to energy, and the promotion of trade based on the existing Free Trade Agreement.  [They] were pleased to note their common assessment of the critical role of human and economic development in promoting stability and security on the African continent, and committed to explore in greater detail concrete options for pragmatic, inclusive cooperation around economic and development issues of mutual interest.”

Middle East Peace. His Majesty commended the continuous commitment of the . . . [U.S.] to advance Middle East peace.  The President acknowledged the contribution of His Majesty, Chairman of the [Organization of Islamic Cooperation’s] Al Quds [Jerusalem] Committee, to the efforts aiming to achieve a two state solution.”

Conclusion. The President and His Majesty the King [emphasized] . . . their shared commitment to the special and longstanding relationship between the [U.S.] and . . . Morocco, which in 1777 became the first nation to recognize the independence of the [U.S.].  [The two leaders] . . . reaffirmed their commitment to stay in close contact and to continue on a path of increased cooperation that will strengthen the [U.S.]-Morocco strategic partnership.”

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[1] White House, Joint Statement by the United States of America and the Kingdom of Morocco (Nov. 22, 2013).

[2] As noted in a prior post, the U.N. Security Council on April 28, 2017, unanimously passed a resolution extending the mandate of the U.N. Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2018 and calling on the parties to that conflict to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, in order to facilitate a just, lasting and mutually acceptable political solution.

[3] Another prior post discussed Morocco’s current bilateral and multilateral counter-terrorism activities.

U.S. State Department’s Report on Morocco’s Human Rights

On March 3, 2017, the U.S. Department of State released its annual report on human rights in every country in the world. The Preface by Secretary of State Rex Tillerson stated, “Promoting human rights and democratic governance is a core element of U.S. foreign policy. These values form an essential foundation of stable, secure, and functioning societies. Standing up for human rights and democracy is not just a moral imperative but is in the best interests of the United States in making the world more stable and secure.”[1]

Here is the Executive Summary of its report about Morocco’s human rights other than freedom of religion that was covered in a separate report and that was the subject of a prior post.[2]

“Morocco is a constitutional monarchy under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king may dismiss ministers, dissolve parliament and call for new elections, or rule by decree.”

“The king shares executive authority with the head of government (prime minister), whom he must appoint from the political party with the most seats in parliament, and approves members of the government nominated by the prime minister.”

“International and domestic observers judged the October 7 parliamentary elections credible and relatively free from irregularities. The Islamist-leaning ruling party, Party of Justice and Development (PJD), again won a plurality of seats in the elections. As mandated by the constitution, immediately following the October 7 elections, the king chose the PJD to lead the governing coalition and nominated PJD Secretary General Abdelilah Benkirane to serve again as head of government.”

“During the year the government continued to implement its “advanced regionalization” plan, allowing local bodies elected in 2015 to exercise increased budgetary and decision-making powers.”

“Civilian authorities at times did not maintain effective control over security forces.”

“The most significant continuing human rights problems were corruption, discrimination against women, and disregard for the rule of law by security forces.”

“[O]ther human rights problems . . . included Security forces occasionally committing human rights abuses, including reports of mistreatment in detention. While prison and detention center conditions improved during the year, in some instances, they still did not meet international standards. Pretrial detention conditions were especially a problem due to overcrowding, and detention periods were often prolonged.”

“The judiciary lacked full independence, and sometimes denied defendants the right to a fair public trial. Domestic and international nongovernmental organizations (NGOs) asserted there were political prisoners, although the government asserted that these individuals were charged with criminal offenses.”

“The government abridged civil liberties by infringing on freedom of speech and press, including by harassing and arresting print and internet journalists for reporting or commenting on issues sensitive to the government. The government also limited freedom of assembly and association and restricted the right to practice one’s religion.”

“The power of the elected government was limited on certain national policy issues. The government placed restrictions on domestic and international human rights organizations, depending on its evaluation of the political orientation of the organization and the sensitivity of the issues. Trafficking in persons and child labor continued to occur, particularly in the informal sector.”

“There were few examples of investigations or prosecutions of abuse or corruption by officials, whether in the security services or elsewhere in the government, which contributed to the widespread perception of impunity.”

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[1] U.S. State Dep’t, 2016 Country Reports on Human Rights Practices: Secretary’s Preface (Mar. 3, 2017).

[2] U.S. State Dep’t, 2016 Country Reports on Human Rights Practices: Morocco (Mar. 3, 2017).

U.N. Human Rights Committee’s Evaluation of Morocco’s Human Rights Record

As noted in a prior post, Morocco is a state party to the International Covenant on Civil and Political Rights, the most comprehensive multilateral human rights treaty, and as such is required to submit periodical reports on its implementation of that treaty for evaluation by the U.N. Human Rights Committee. The most recent such evaluation was on December 1, 2016, and the Committee’s comments on religious freedom in that country were covered in that prior post.[1]

Positive Evaluations

The Committee first complimented Morocco on the following positive developments:

“3. The Committee welcomes the legislative and institutional measures taken by the State party, notably:

(a) Adoption of a new Constitution in 2011, which strengthens democratic institutions and the status of human rights in the domestic legal system;

(b) Process of reform of the judiciary begun in 2011;

(c) Adoption of Act No. 108-13 in 2014 limiting the jurisdiction of military courts to military offences and offences committed in time of war;

(d) Adoption in June 2016 of the law on domestic workers, which prohibits domestic work for persons under 16 years of age;

(e) Adoption of framework law No. 97.13 on the protection and promotion of the rights of persons with disabilities in May 2016;

(f) Amendment of the Nationality Code in 2007, which now allows Moroccan women in most cases to transmit their nationality to their children regardless of the nationality of the father;

(g) New migration policy, adopted in September 2013, and one-off regularization process for migrants in an irregular situation that followed and the efforts made to improve their living conditions and facilitate their integration.”

“4. The Committee welcomes the State party’s ratification of or accession to the following international human rights instruments:

(a) International Convention for the Protection of all Persons from Enforced Disappearance, in 2013;

(b) Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2009;

(c) Optional Protocol to the Convention against Torture, in 2014.”

Negative Evaluations

The Committee then stated the following principal areas of concern (or negative evaluations):[2]

Constitutional and legislative framework

“5. The Committee welcomes the commitment of Morocco to harmonize its national legislation with ratified international treaties and to accede to the first Optional Protocol to the Covenant. It notes that the provisions of the Covenant can be invoked before the courts and regrets that they have only rarely been invoked or applied by the courts (art. 2).” (Emphasis added.)

State of emergency

“7. The Committee welcomes the inclusion in article 59 of the Constitution of the principle of non-derogation of basic rights and freedoms in a state of emergency. However, it notes with concern that this provision does not establish specific substantive and procedural guarantees as set out in article 4 (1 and 3) of the Covenant and does not guarantee a clear prohibition against the suspension during this time of all the rights set out in article 4 (2).” (Emphasis added.)

Right to self-determination

“9. The Committee takes note of the Moroccan initiative for engaging in negotiations on autonomy for the Western Sahara region and the additional information provided by the State party but remains concerned about: (a) the limited progress made in dealing with the issue of the self-determination of the people of Western Sahara; (b) reports that the State party is not taking all necessary measures to consult the people of Western Sahara about the development of the natural resources of the Western Sahara; and (c) the presence of the sand wall, also known as the ‘berm,’ which limits the freedom of movement of the people of Western Sahara given the very few crossing points that are open to civilians and the presence of landmines and other explosive remnants of war along the berm that endanger the lives and safety of the communities located in the vicinity (arts. 1, 6 and 12).” (Emphasis added.)

Discrimination and violence based on sexual orientation and gender identity

“11.The Committee is concerned at the criminalization of homosexuality, the fact that it is punishable by a term of imprisonment of up to 3 years and the arrests that have been made on that basis. It is also concerned by reports of the advocacy of hatred, discrimination and violence against people because of their sexual orientation or gender identity (arts. 2, 9 and 26).” (Emphasis added.)

Equality between men and women and practices that are harmful to women

“13. The Committee welcomes the recognition of the principle of equality in the Constitution of 2011 but is still concerned, however, about: (a) the continued existence of legislative provisions that discriminate against women, particularly as regards a matrimonial regime that continues to permit polygamy, divorce, child custody, legal guardianship of children, inheritance and the transmission of nationality to a foreign spouse; (b) the high number of polygamous marriages; and (c) the increase in early marriages (arts. 2, 3, 23, 24 and 26).” (Emphasis added.)

Violence against women

15. The Committee welcomes the fact that, in 2014, the State party abrogated article 475 (2) of the Criminal Code, which had allowed rape charges to be dropped when the victim was a minor if the perpetrator married the victim. It remains concerned, however, about: (a) the prevalence of violence against women; (b) the fact that violent attacks often go unreported and the perpetrators of violence often are not prosecuted owing, inter alia, to the absence of protection measures and support facilities and to the fact that victims of rape who report the crime may themselves be prosecuted because of the criminalization of sexual relations outside marriage between consenting adults; (c) the limited scope of the law under which sexual harassment is a criminal offence; and (d) the fact that the legislative reforms now under way leave a number of discriminatory provisions in place, such as the one that sets out mitigating circumstances for “honour crimes” (arts. 3, 6, 7 and 17).” (Emphasis added.)

 “Counter-terrorism

“17. The Committee remains concerned about the broad and unclear wording of the provisions in the Criminal Code that define what acts constitute acts of terrorism and the introduction of new, vaguely defined offences in 2015. It is also concerned by reports that charges have been brought under these provisions without proper cause against journalists who were fulfilling their duty to inform the public and that the fact that these provisions are so vaguely worded discourages the exercise of other Covenant rights, including the right to freedom of expression. The Committee is also disturbed by the excessive length of time that persons may be held in police custody in connection with terrorism-related offences (12 days) and by the fact that such persons are allowed to consult a lawyer only after 6 days have elapsed (arts. 9, 14 and 19).” (Emphasis added.)

Death penalty

“19.The Committee welcomes the de facto moratorium on executions since 1993, the reduction in 2014 in the number of offences punishable by the death penalty under the Code of Military Justice and the reduction envisaged under the draft Criminal Code. However, it regrets that three new categories of crimes punishable by death are contained in the draft Criminal Code (art. 6).” (Emphasis added.)

Voluntary termination of pregnancy

“21.The Committee notes that a disturbingly high number of clandestine abortions are performed in the State party which endanger the lives and health of the women concerned. It remains concerned about the extremely restrictive nature of the conditions under which a woman may legally have her pregnancy terminated in the State party and about the heavy penalties that are imposed in cases of clandestine abortions. The Committee notes that the draft revised Criminal Code provides for more exceptions to the general prohibition of abortion, but it is concerned about the introduction of excessive requirements such as the obligation to submit proof that legal proceedings have been opened in cases of rape or incest (arts. 3, 6, 7 and 17).” (Emphases added.)

Prohibition of torture and ill-treatment

“23. The Committee welcomes the authorities’ efforts to combat torture and ill-treatment and notes that there has been a marked reduction in such practices since the time that its last concluding observations (CCPR/CO/82/MAR) were issued. It is nonetheless concerned by continued reports of torture and cruel, inhuman or degrading treatment being perpetrated by agents of the State in Morocco and Western Sahara, particularly in the case of persons suspected of terrorism or of endangering State security or posing a threat to the territorial integrity of the State. The Committee notes with particular concern that: (a) confessions obtained under duress are reportedly sometimes admitted as evidence in court even though, by law, they are inadmissible; (b) in cases of alleged torture or of the extraction of confessions under duress, judges and prosecutors do not always order that medical examinations be performed or that investigations be undertaken; (c) persons who report cases of torture are sometimes the object of intimidation, threats and/or legal proceedings; and (d) the number of cases in which charges have been brought and the number of convictions that have been handed down seem quite low given the number of complaints filed and the extent to which torture and ill-treatment have occurred in the past (arts. 2, 7 and 14).” (Emphasis added.)

Police custody and access to a lawyer

“25. The Committee is concerned about the unduly prolonged periods of police custody and that access to a lawyer is permitted only in cases in which the period of police custody is prolonged and for a maximum of 30 minutes (arts. 9 and 14).” (Emphasis added.)

Enforced disappearances

“27. While recognizing the work carried out in cases of enforced disappearance by the Equity and Reconciliation Commission and the National Human Rights Council to gather information and to provide reparation, the Committee remains concerned by the fact that cases of enforced disappearance have still not been solved in Morocco and Western Sahara. The Committee is also concerned about the fact that the persons responsible for those disappearances have still not been identified, judged or punished (arts. 2, 6, 7, 9 and 16).” (Emphasis added.)

Prison conditions

“29. The Committee is concerned about the inadequate conditions of detention in the prisons of Morocco and Western Sahara, particularly in respect of prison overcrowding. The Committee is also concerned that almost half of the inmates are awaiting trial (arts. 9 and 10).” (Emphasis added.)

Imprisonment for non-performance of a contractual obligation

“31.The Committee is concerned about the fact that the circular of 21 October 2015 issued by the Ministry of Justice and Freedoms provides for enforcement by committal of debtors who do not fulfil their contractual obligations if they have not provided a certificate of indigence or a document that certifies that they are not liable to pay taxes (art. 11).” (Emphasis added.)

Right to a fair trial and the independence of the judiciary

“33.The Committee is concerned about cases in which irregularities appear to have occurred in court proceedings, including the admission of confessions obtained under duress and refusals to hear witnesses or to consider evidence. It is also concerned about cases in which lawyers and judges have been the target of threats and intimidation and of interference in their work and about the imposition of arbitrary or disproportionate disciplinary measures.” (Emphasis added.)

Asylum seekers and refugees

“35.The Committee welcomes the State party’s efforts to develop a legal framework on migration, asylum and human trafficking. It finds it regrettable that the regularization process pursued in 2014 did not result in the regularization of many refugees, particularly in the case of refugees from the Syrian Arab Republic. The Committee takes note with concern of the continued occurrence of arbitrary arrests of migrants and of allegations concerning the excessive use of force against migrants and the participation of Moroccan security forces in collective expulsions, particularly in the vicinity of the autonomous Spanish cities of Ceuta and Melilla. It also takes note of concerns regarding the detention and treatment of child migrants and regarding the legal barriers to the registration of newborns, the recognition of marriages of asylum seekers and refugees and the transmission of nationality, which may cause children born on Moroccan territory to be stateless (arts. 6, 7, 12, 23 and 24).” (Emphasis added.)

Right to privacy and the interception of private communications

“37.The Committee is concerned by reports of illegal infringements of the right to privacy in the course of surveillance operations conducted by law enforcement and intelligence agencies targeting journalists, human rights defenders and perceived opponents of the Government, particularly those located in Western Sahara. The Committee is also concerned by the lack of clarity with regard to the legal provisions which authorize and govern surveillance activities and the lack of oversight of those activities by an independent authority (art. 17).” (Emphasis added.)

Freedom of association and the activities of human rights defenders

“41. The Committee welcomes the fact that the procedures for filing a declaration of association have been streamlined but is nonetheless concerned about the fact that many associations are refused the right to register. The Committee is also concerned by reports that the activities of human rights defenders are subject to disproportionate, unjustified restrictions and that human rights defenders’ freedom of movement is limited, particularly in Western Sahara (arts. 12, 21 and 22).” (Emphasis added.)

Freedom of opinion and expression

“43. The Committee welcomes the adoption of the new Press Code in 2016, under which press-related offences are no longer subject to custodial penalties. It is concerned, however, about the concurrent introduction of new provisions in the Criminal Code that establish terms of imprisonment as penalties for acts perceived as being offensive to Islam or the monarchy or as posing a threat to the country’s territorial integrity. The Committee is deeply concerned by reports that journalists and human rights defenders have been prosecuted on those charges or have been threatened with prosecution (arts. 9, 14 and 19).” (Emphasis added.)

Right of peaceful assembly

“45.The Committee notes with concern that, under Moroccan law, prior authorization must be obtained for gatherings that are to be held in public places and that the issuance of such authorizations is sometimes hindered unjustifiably. It is also concerned about the excessive and disproportionate use of force to disperse unauthorized peaceful gatherings despite the issuance of a circular by the Ministry of Justice and Freedoms in October 2015 which states that police intervention is justified only in the presence of an armed mob and/or when a crowd has gathered that is likely to disturb the peace (arts. 7, 9, 19 and 21).” (Emphasis added.)

Child labour

“47.The Committee remains concerned about the continued economic exploitation of children, particularly as domestic and farm workers (arts. 8 and 24).” (Emphasis added.)

“The Amazigh

“49.The Committee welcomes the fact that the Amazigh language has been recognized as an official language of the country in the Constitution but finds it regrettable that the draft organic law concerning the measures to be taken to give effect to that recognition has not yet been adopted. It remains concerned about the difficulties encountered by Amazighs seeking to be taught in their language, to use their language in judicial and administrative proceedings and to register the Amazigh first names of their children (arts. 2, 26 and 27).” (Emphasis added.)

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[1] U.N. Human Rights Comm., Concluding Observations on the sixth periodic report by Morocco (Dec. 1, 2016).

[2] The Committee’s Concluding Observations also included separately recommendations on each of the principal areas of concern.