shentef
04-01-2011, 22:53
Report on the implementation of the Convention for the Elimination of all forms of Discrimination in Morocco About 17 and 18 Moroccan Reports Geneva august16-17/08/2010 To the Experts Committee The secretariat of the CERD
Tamaynut Organisation , founded on 1978( as an NGO with more than thirty sections around Morocco and Diaspora), is working on the rights of
Indigenous peoples in North Africa (Amazigh Peoples) ,founder of IpACC with other Ips in Africa from 1994 for the recognition of the rights of IPS in African states .Our organisation was an active actor in the United Nations Process on the rights of IPs since the Vienna Conference 1993.We participated in all sessions of negotiation for the elaboration of the draft Declaration in the Working Group of Human Right Commission ,adopted finally by HRC on 6June 2006 and by the General Assembly on September 13 2007.Tamaynut is only one of hundreds of Amazigh organisations in Morocco which forms a broad Amazigh cultural movement for the recognition of the rights of Amazigh Peoples and all IPS nationally and regionally in the States Constitutions in Africa and also around the world
Discrimination on the preparatory process of the reports
1-Many National Amazigh Organisations and many Regional Amazigh associations were excluded from the preparatory process .Two organisations were invited for one or two meetings without reel conditions for participative approach.
Constitutionnel discrimination
2-The Committee on the convention on the Economic, social and cultural rights recommended in its last conclusions to Moroccan State to Consider the recognition by the Constitution as an official language” There was no any response to this recommendation.
Consecration of discrimination in the National Education and Formation Charter (paragraph 115)
3- Moroccan Stat had adopted a policy of assimilation against Amazigh Peoples (Culture and identity) by launching the” Policy of Arabisation” .After protest of Amazigh Cultural Movement a charter on Education was adopted by Moroccan government without any participation of Amazigh Organisation on 1998-1999.in its paragraph 115 it institutionalises the discrimination against Amazigh peoples in stipulating “the possibility to choose Amazigh language for the objective to facilitate the learning of the official language”(Arabic is The official language ).
Consecration of discrimination by Political parties Law on the rights to participate in Political life :
4-One of the claims of Cultural Amazigh Movement is to recognise constitutionally the Amazighity (Identity, language, civilisation all rights of Amazigh peoples by the Constitution. The Amazigh movement boycotted all elections .The Moroccan State adopted a law for political parties which stipulates in its article 4”It is forbidden to found a political party on the basis of the language or religion or the region». many Amazigh activists initiated political parties or preparatory committees to found political parties to organise theme selves to participate on the basis of equality with Arabic and Islamic parties ,democratically, in Political life in the framework of National unity but in on the basis of article 3 and 4 of the United Nation Declaration on the rights of IPS negotiated in the same time by the Government and Tamaynut Organisation in the WG on of the Human right Commission between 1995and 2006 .The government asked the Administrative Court to resolve the first Party” Democratic Moroccan Amazigh Party» refusing by this the possibility for Amazigh peoples to organise themselves politically to fight racism in the political life. The Administrative tribunal decided to resolve it without response to the advocacy Memorandum on the basis of the definition of racisms by the Convention for the elimination of all forms of racisms.
Consecration of discrimination in Law « Eta Civil »
5-Your Committee recommended in its last conclusions to the Moroccan State to facilitate the possibility for Amzigh child to have Amazigh names decides by theirs parents’ .Today many Amazigh boys and girls are living without recognitions of their individual’s identity by law.
Consecration of discrimination in Associations law:
6-The Law for association contains the same Article which forbidden the foundation of Associations on the basis of language, religion or region and it will be used in any time to resolve any Amazigh organisation without respect to the definition of racisms in the convention.
Discrimination on Education:
7-In the majority of Amazighophon regions more than 70 per sent of women and girls are analphabetic. The majority of boys and girls are out of schools.
Discrimination on the collective right to land; resources and Water:
8-The Amazigh customary Law is generally based collective rights .Lands, forests, minerals, resources and water are collective many centuries before conquest ,colonisation and the establishment of the modern state. Some lands are recognised actually as collective, but the majority of other resources are not recognised by state. The globalisation and privatisation is actually destroying the collective property under a policy of discrimination against Amazigh tribes. Without any respect to prior and informed consent the lands; forests minerals and water are exploited by companies authorized by the government.
Discrimination by depriving Amazigh Tribes from the Benefit sharing:
9-The majority of natural resources are on the Amazigh lands but the Amazigh tribes are deprived, collectively and individually from any benefit sharing of the exploitation of these resources.
Institutional discrimination against Women:
10-The actual Government is discriminating women and girls on the basis of sex by text of Law especially about marriage (Family Moudaouana law).
Discrimination in Public Services:
11-Amazigh Tribe AIT AABDI (about 5 thousands persons in Atlas mountain had not the possibility for more than 2 months(January and February 2009) to connect with other regions after the snow waves without any infrastructures, specially because they are completely deprived from any public services.
Discrimination against amazigh children by depriving them from their individual identity:
12-Many Childs are deprived today from their individual identity because some administration refuses to register Amazigh name chosen by the amazigh parents for their Childs.
Discrimination against Amazigh peoples in the Administration of justice:
13 –Amazigh peoples are deprived in all north Africa from access to justice .The policy of Arabisation refuse to all Amazigh Peoples to use Amazigh language in the tribunal.The law is stipulating the necessity of translation but the government have not any policy to facilitated access to justice for Amazigh peoples.
Recommendations to the CERD Committee:
1-The Moroccan Government need to Apologise from the policy of discrimination adopted after the Establishment of Modern state in Morocco, consacred by the deletion of Amazigh education from schools after the independence and by consecration the arabisation policy to assimilate Amazigh Peoples.
2-Constitutionnel recognition of the existence of Amazigh People, identity, language, culture and civilisation with respect of the Amazigh history. Recognition of Amazigh Language as official without forgetting the integration of Amazigh Flag in the national one.
3- Review of the constitution and laws to eliminate discrimination from texts.
4- The establishment of regional training institutes for formation of Amazigh language and culture teachers.
5-Respect of the principle of prior and informed consent for Amazigh peoples.
6-Establishement of a National Commission with participation of Amazigh Organisations to implement the United Nations Declaration on Indigenous peoples rights.
Organisation Tamaynut
E-mail: t_amaynut@hotmail.fr
latifa.douch@voila.fr
Fax telefoonnummer: 00212537730139
Tamaynut Organisation , founded on 1978( as an NGO with more than thirty sections around Morocco and Diaspora), is working on the rights of
Indigenous peoples in North Africa (Amazigh Peoples) ,founder of IpACC with other Ips in Africa from 1994 for the recognition of the rights of IPS in African states .Our organisation was an active actor in the United Nations Process on the rights of IPs since the Vienna Conference 1993.We participated in all sessions of negotiation for the elaboration of the draft Declaration in the Working Group of Human Right Commission ,adopted finally by HRC on 6June 2006 and by the General Assembly on September 13 2007.Tamaynut is only one of hundreds of Amazigh organisations in Morocco which forms a broad Amazigh cultural movement for the recognition of the rights of Amazigh Peoples and all IPS nationally and regionally in the States Constitutions in Africa and also around the world
Discrimination on the preparatory process of the reports
1-Many National Amazigh Organisations and many Regional Amazigh associations were excluded from the preparatory process .Two organisations were invited for one or two meetings without reel conditions for participative approach.
Constitutionnel discrimination
2-The Committee on the convention on the Economic, social and cultural rights recommended in its last conclusions to Moroccan State to Consider the recognition by the Constitution as an official language” There was no any response to this recommendation.
Consecration of discrimination in the National Education and Formation Charter (paragraph 115)
3- Moroccan Stat had adopted a policy of assimilation against Amazigh Peoples (Culture and identity) by launching the” Policy of Arabisation” .After protest of Amazigh Cultural Movement a charter on Education was adopted by Moroccan government without any participation of Amazigh Organisation on 1998-1999.in its paragraph 115 it institutionalises the discrimination against Amazigh peoples in stipulating “the possibility to choose Amazigh language for the objective to facilitate the learning of the official language”(Arabic is The official language ).
Consecration of discrimination by Political parties Law on the rights to participate in Political life :
4-One of the claims of Cultural Amazigh Movement is to recognise constitutionally the Amazighity (Identity, language, civilisation all rights of Amazigh peoples by the Constitution. The Amazigh movement boycotted all elections .The Moroccan State adopted a law for political parties which stipulates in its article 4”It is forbidden to found a political party on the basis of the language or religion or the region». many Amazigh activists initiated political parties or preparatory committees to found political parties to organise theme selves to participate on the basis of equality with Arabic and Islamic parties ,democratically, in Political life in the framework of National unity but in on the basis of article 3 and 4 of the United Nation Declaration on the rights of IPS negotiated in the same time by the Government and Tamaynut Organisation in the WG on of the Human right Commission between 1995and 2006 .The government asked the Administrative Court to resolve the first Party” Democratic Moroccan Amazigh Party» refusing by this the possibility for Amazigh peoples to organise themselves politically to fight racism in the political life. The Administrative tribunal decided to resolve it without response to the advocacy Memorandum on the basis of the definition of racisms by the Convention for the elimination of all forms of racisms.
Consecration of discrimination in Law « Eta Civil »
5-Your Committee recommended in its last conclusions to the Moroccan State to facilitate the possibility for Amzigh child to have Amazigh names decides by theirs parents’ .Today many Amazigh boys and girls are living without recognitions of their individual’s identity by law.
Consecration of discrimination in Associations law:
6-The Law for association contains the same Article which forbidden the foundation of Associations on the basis of language, religion or region and it will be used in any time to resolve any Amazigh organisation without respect to the definition of racisms in the convention.
Discrimination on Education:
7-In the majority of Amazighophon regions more than 70 per sent of women and girls are analphabetic. The majority of boys and girls are out of schools.
Discrimination on the collective right to land; resources and Water:
8-The Amazigh customary Law is generally based collective rights .Lands, forests, minerals, resources and water are collective many centuries before conquest ,colonisation and the establishment of the modern state. Some lands are recognised actually as collective, but the majority of other resources are not recognised by state. The globalisation and privatisation is actually destroying the collective property under a policy of discrimination against Amazigh tribes. Without any respect to prior and informed consent the lands; forests minerals and water are exploited by companies authorized by the government.
Discrimination by depriving Amazigh Tribes from the Benefit sharing:
9-The majority of natural resources are on the Amazigh lands but the Amazigh tribes are deprived, collectively and individually from any benefit sharing of the exploitation of these resources.
Institutional discrimination against Women:
10-The actual Government is discriminating women and girls on the basis of sex by text of Law especially about marriage (Family Moudaouana law).
Discrimination in Public Services:
11-Amazigh Tribe AIT AABDI (about 5 thousands persons in Atlas mountain had not the possibility for more than 2 months(January and February 2009) to connect with other regions after the snow waves without any infrastructures, specially because they are completely deprived from any public services.
Discrimination against amazigh children by depriving them from their individual identity:
12-Many Childs are deprived today from their individual identity because some administration refuses to register Amazigh name chosen by the amazigh parents for their Childs.
Discrimination against Amazigh peoples in the Administration of justice:
13 –Amazigh peoples are deprived in all north Africa from access to justice .The policy of Arabisation refuse to all Amazigh Peoples to use Amazigh language in the tribunal.The law is stipulating the necessity of translation but the government have not any policy to facilitated access to justice for Amazigh peoples.
Recommendations to the CERD Committee:
1-The Moroccan Government need to Apologise from the policy of discrimination adopted after the Establishment of Modern state in Morocco, consacred by the deletion of Amazigh education from schools after the independence and by consecration the arabisation policy to assimilate Amazigh Peoples.
2-Constitutionnel recognition of the existence of Amazigh People, identity, language, culture and civilisation with respect of the Amazigh history. Recognition of Amazigh Language as official without forgetting the integration of Amazigh Flag in the national one.
3- Review of the constitution and laws to eliminate discrimination from texts.
4- The establishment of regional training institutes for formation of Amazigh language and culture teachers.
5-Respect of the principle of prior and informed consent for Amazigh peoples.
6-Establishement of a National Commission with participation of Amazigh Organisations to implement the United Nations Declaration on Indigenous peoples rights.
Organisation Tamaynut
E-mail: t_amaynut@hotmail.fr
latifa.douch@voila.fr
Fax telefoonnummer: 00212537730139