A/HRC/20/26/Add.2
the procedural aspects of registration. It also specified that the exemplary list is no longer
applicable and is therefore to be considered void.
37.
The Independent Expert regards the above-mentioned circular as a positive step, but
regrets that it is not enforced. She received a number of testimonies that parents are still
denied the right to freely choose and register the names of their children. It would appear
that the list of approved Arabic names is still in circulation and continues to be applied by
Civil Status officers. Moreover, another list with prohibited names is also used to deny
parents the freedom to register their preferred names for their offspring. In most cases,
applicants do not receive any written official refusal to register their child’s name. In
addition, the Independent Expert learned that this practice exists not only inside Morocco
but is also applied abroad in embassies. The Independent Expert is therefore concerned that
insufficient efforts have been made to ensure that duty bearers at the local level are aware
of the instructions contained in circular No. D-3220.
38.
The Independent Expert is of the view that such practices infringe cultural rights, in
particular the rights of all persons to freely identify with one or several communities and to
enjoy and manifest their own culture, as well as linguistic rights. She recalls in this regard
general comment No. 21 of the Committee on Economic, Social and Cultural Rights on the
right to take part in cultural life, stressing that “participation covers in particular the right of
everyone – alone, or in association with others or as a community – to act freely, to choose
his or her own identity, to identify or not with one or several communities or to change that
choice, (…) to engage in one’s own cultural practices and to express oneself in the
language of one’s choice.22 The rights of the child, as set out in articles 7 and 8 of the
Convention on the Rights of the Child, are also jeopardized by this situation. The
Independent Expert also draws the attention of the Government to the recommendation
made by the Committee on the Elimination of Racial Discrimination in 2010 on that issue. 23
2.
Names of public places and institutions
39.
During her mission, the Independent Expert was concerned to learn that non-Arabic
names of public places had been replaced with Arabic names For instance, Ministry of
Education correspondence No. 01/201024 on new names for regional educational
institutions specifically instructs the replacement of the Amazigh names of a number of
schools with Arabic names. Such directives impinge upon the cultural rights of individuals
and communities, in particular their right to participate in cultural life and to enjoy and
have access to cultural heritage, as well as their linguistic rights.
40.
In this regard, the Independent Expert recalls that the right of access to and
enjoyment of cultural heritage includes the right of individuals and communities to, inter
alia, know, understand, enter, visit, make use of, maintain, exchange and develop cultural
heritage, as well as to benefit from the cultural heritage and the creation of others. States
should therefore ensure access to the cultural heritage of one’s own communities, as well as
that of others.25 Cultural heritage should be understood to also include the history of
communities, their outstanding figures and their linguistic heritage.
22
23
24
25
10
E/C.12/GC/21, para. 15 (a).
CERD/C/MAR/CO/17-18, para. 12.
Correspondence No. 01/2010 on new names of educational establishments, based on the names of
major figures and symbols of the national movement of resistance and liberation, Ministry of National
Education, Tiznit, 14 January 2010.
A/HRC/17/38, paras. 79 and 80 (j).