A/HRC/20/26/Add.2
take measures to protect the Hassani language, as well as cultural expressions and dialects
(parlers) thereof practiced in Morocco. It establishes a national council of languages and
Moroccan culture, mandated to protect and develop the Arabic and Amazigh languages and
the diverse Moroccan cultural expressions. The Independent Expert welcomes these
important developments, which are in keeping with her recommendation that States should
recognize and value the diversity of cultural heritages present in their territories and under
their jurisdiction.4 Legislation enforcing these provisions has not yet been enacted and it
remains to be seen how they will be applied in practice. More generally, as stressed below
in the present report, legislation and policies contrary to this new constitutional provision
will have to be repealed.
14.
Article 25 of the Constitution guarantees the freedoms of thought, opinion and
expression, the freedoms of creation, publication and exhibition in literary and artistic
matters, and of scientific and technical research. Article 26 of the Constitution stipulates
that “public authorities lend, by appropriate measures, their support for the development of
cultural and artistic creation and of scientific and technical research, as well as for the
promotion of sports. They favour the development and the organization of these sectors in
an independent manner and on a democratic and specific professional basis.”
15.
Article 12 of the Constitution stipulates that “civil society associations and nongovernmental organizations are constituted and exercise their activities in all freedom, in
respect for the Constitution and the law.” Furthermore, “they may not be dissolved or
suspended by the public powers, except by virtue of a decision of justice.”
16.
With regard to the right to education, article 31 of the Constitution includes
provisions on the equal access of all citizens to “quality education, education concerning
the Moroccan identity and its permanent national traits, professional training and physical
and artistic education.” Furthermore, article 1 of decree No. 04-2000 of 1 June 2000
envisages that all Moroccan children having reached the age of 6 years have the right to
education and the duty to benefit from it.
17.
In 2010, the Government elaborated a national plan of action on democracy and
human rights for the period 2011-2016. A human rights-based approach is stipulated as a
basis to address several economic, cultural and environment issues, including the promotion
of national languages, particularly the Amazigh language and culture. A coordination
mechanism, composed of representatives of the Government, national institutions, nongovernmental human rights organizations and academics, was established to monitor,
follow up and evaluate the implementation of the plan.
18.
The Ministry of Culture has implemented a number of significant initiatives to help
preserve cultural heritage, improve access to cultural life and extend support for creative
activities. Morocco does not, however, have a national plan on cultural development with
dedicated financial resources allocated to the Ministry of Culture for implementation. In
2005, the Government reported to the Committee on Economic, Social and Cultural Rights
that a comprehensive strategy was being elaborated to establish modern cultural facilities to
address national needs relating to its heritage, art and literature, the protection of national
cultural heritage and the expansion of the sphere of cultural production. 5 The Independent
Expert is concerned at the absence of such a strategy and, more generally, of a
comprehensive national plan on participation in cultural life, including issues relating to
cultural heritage and linguistic diversity, gender issues and the needs of persons with
disabilities in the cultural sphere.
4
5
A/HRC/17/38, para. 80 (a).
E/1994/104/Add.29, para. 367.
5