A/HRC/20/26/Add.2
with the new constitutional preamble. In this regard, the Independent Expert draws the
attention of the Government to the fact that, according to several interlocutors, a review of
history textbooks a priority.
32.
The Independent Expert commends the efforts made to promote the Amazigh
language in audio and visual media, such as the establishment of channel 8, which
broadcasts mainly in Amazigh (70 per cent in Amazigh and 30 per cent in Arabic). The
Independent Expert was informed that the law stipulates that all other television channels
broadcasting in Arabic should also allocate 30 per cent of their time to Amazigh language
programmes. In practice, however, the application of this provision is not enforced.
Regarding radio broadcasting, several private radio stations in Amazigh language have
been authorized; However, it is important that Amazigh radio be extended to rural areas,
where women more frequently listen to the radio.
33.
A number of impediments to the use of Amazigh in public life remain, including
poor language proficiency of Government officials when providing Amazigh speakers with
public services, little opportunity to use Amazigh language in the court system, and the lack
of bilingual forms. The Independent Expert was informed that the lack of registered
Amazigh-Arabic interpreters and the practice of not paying for professional Amazigh
interpreters in court proceedings had led to judges calling for the assistance of unofficial
and untrained interpreters, which can impede the right to a fair trial. The Independent
Expert hopes that, following the recognition of Amazigh as an official language and the
reinforcement of cultural rights in the new Constitution, measures will be taken to address
these issues. She also draws the attention of the Government to the idea, proposed by some
interlocutors, of multilingual information / welcoming centres in all administrative
departments providing public services.
B.
Restrictions on use of languages other than Arabic
34.
The attention of the Independent Expert was drawn to legislation, policies and/or
and practices forbidding the use of a language other than Arabic in a number of areas 21,
which are not in keeping with cultural rights, as set out in particular in article 15 of the
International Covenant on Economic, Social and Cultural Rights. The Independent Expert,
taking into consideration the encouraging official recognition in the amended Constitution
of the country’s cultural and linguistic diversity, strongly recommends that the Government
review its legislation, policies and practices accordingly in a timely manner.
1.
Names of children
35.
The Independent Expert notes with concern that parents are still sometimes denied
the right to freely choose the name of their children and have it registered by the
Government, in particular in the case of names of Amazigh origin. Article 21 of Civil
Status Law No. 37-99 of 3 October 2002 stipulates that “the name chosen when the birth is
declared must have a Moroccan trait”. Moreover, the High Commission for Civil Status has
compiled a list of exemplary authorized Arabic names, thus automatically excluding the
right of parents to freely choose and register different names for their children.
36.
Ministry of the Interior circular No. D-3220 of 9 April 2010 provided clarifications
on article 21 of the Civil Status Law, stipulating that Moroccan names include Amazigh
names, and Hebrew names for Moroccan Jews. The circular included information regarding
21
See for example Circular of the Prime Minister No. 4/2008 on the usage of the Arabic language;
Rabat, 22 April 2008.
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