A/HRC/20/26/Add.2
56.
With regard to freedom of association, which is intrinsically linked to cultural
rights,27 the Independent Expert was informed that some non-governmental organizations
experience difficulties in becoming registered, for various reasons.
57.
Freedom of association is governed by Royal Decree (Dahir) No. 1.58.376 of 1958,
amended in 2002, according to which the regime opted for in Morocco is declaratory. New
non-governmental organizations wishing to register must submit to the Ministry of Interior
relevant documentation, which is required to issue a provisional receipt before a final
receipt is issued within 60 days from the date on which the declaration of establishment was
submitted. Even without a formal receipt, the association becomes legal and can carry out
its activities. According to information received by the Independent Expert, however, in
practice, should the organization not receive a receipt within 60 days, its work is seriously
disrupted. In addition, there are cases when registration is denied without any reason given
and despite court judgements confirming that the application for registration is in
accordance with the law.28
58.
For instance, the Independent Expert received confirmation during her mission that
the Amazigh Network for Citizenship, which advocates for the cultural, linguistic, political
and civil rights of Morocco's Amazigh population, is among the many Amazigh
organizations that the authorities have refused to register. The National Bureau of the
Association, based in Rabat, along with its branches in Tanalt, Tiznit, Casablanca and
Ifrane, have all submitted founding documents to the relevant branch of the local
administration in conformity with the law. However, the local administrations have
consistently refused to provide a receipt to the local branches, while the Network's national
bureau has only been sent such receipts after long delays. 29
59.
The Independent Expert would like to stress that such practices restrict the right to
freely associate and to solicit, receive and utilize Government funds or any other
contributions for the purpose of promoting and protecting human rights. Individuals and
communities are thereby prevented from exercising fully their right to participate in cultural
life and from contributing to the development of cultural expressions in Morocco.
E.
Right to quality education and training
60.
The Independent Expert noted in her first report that all people are entitled to quality
education and training that fully respect their cultural identity. She also emphasized that
education allows access to knowledge, values and cultural heritage. 30 Morocco has made
great efforts to ensure widespread access to education. Despite these developments,
however, challenges remain, particularly in terms of drop-out rates, enrolment rates of rural
girls and the quality of education. In particular, there is a significant gender gap in
education. The female literacy rate in the age group of 10 years and above was less than
27
28
29
30
14
A/HRC/14/36.
See in particular Human Rights Watch, Freedom to Create Associations, IV. Case studies, 7 October
2009; Euro-Mediterranean Human Rights Network, “Freedom of association in the EuroMediterranean network”, Monitoring report 2009, Morocco, p. 53, and Monitoring report 2012,
Morocco, p. 56; and FIDH/OMCT, Observatory for the protection of human rights defenders, annual
report 2011, p. 551.
Human Rights Watch, Freedom to Create Associations (see footnote 26).
A/HRC/14/36.