A/HRC/41/54/Add.1 17. The prohibition of racial discrimination is additionally enshrined in a number of domestic laws, including in the Criminal Procedure Code,13 the Labour Code, 14 Law No. 23-98 on the organization and functioning of prisons, of 25 August 1999,15 the Association Act,16 the Political Parties Act17 and the Press and Publishing Code.18 Moreover, the Special Rapporteur learned that the pending asylum bill contains a non-discrimination provision that prohibits discrimination on various grounds, including on the basis of colour and race. 19 Similarly, the pending draft law on migration includes a provision prohibiting discrimination against foreigners.20 18. The Special Rapporteur commends the integration of equality and nondiscrimination provisions in the above-mentioned laws. Nevertheless, she expresses concern that significant shortcomings remain in the legal framework of Morocco as it relates to racial discrimination and racial equality. Contrary to recommendations made by a variety of international and national stakeholders, 21 Morocco has no comprehensive antidiscrimination legislation or specific law prohibiting racial discrimination. According to information received, a proposal for a new law on racial discrimination and xenophobia was transmitted to the Parliamentary Commission on Justice, Legislation and Human Rights in 2017. During her visit, the Special Rapporteur was informed that such a law would not be adopted as the existing framework was deemed to be adequate. The Special Rapporteur received assurances that some of the proposed provisions may be integrated into other pieces of legislation and that they would be considered in the context of the ongoing review of the Criminal Code. 19. The Special Rapporteur considers that the adoption of a new law, or amendments to existing legislation, are urgently needed, as the current legal framework fails to fully implement the racial equality framework contained in the International Convention on the Elimination of All Forms of Racial Discrimination. Most importantly, the definition of discrimination contained in article 431-1 of the Criminal Code is not in conformity with the comprehensive definition of racial discrimination in article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination.22 Contrary to the requirements of the Convention, Morocco has no law that defines and prohibits racial discrimination in full accordance with article 1. 3. Domestic policy framework relating to racial equality and racial discrimination 20. Although Morocco has committed to the Durban Declaration and Programme of Action, which calls for a national action plan specifically to combat racism, racial 13 14 15 16 17 18 19 20 21 22 See the third edition (2017). Art. 721 (2) prohibits extraditions where there are substantial grounds for the competent authorities to believe that an extradition order issued in respect of an ordinary crime is racially motivated. See the consolidated version of 26 October 2011: preamble, and arts. 9, 36 and 478. Art. 51 provides that detainees shall not be discriminated against on the grounds of race, colour, sex, nationality, language, religion, opinion or social rank. Art. 3 (as amended) stipulates that “any association which is established to serve an illegal purpose, is contrary to the law or morals or aims at undermining Islam, the integrity of the national territory, the monarchy or at inciting discrimination shall be considered unlawful”. Art. 17 (as amended) provides that political parties and associations of a political nature shall be open to all Moroccan citizens without discrimination on the basis of race, sex, religion or regional origin. See Law No. 75-00 of 23 July 2002 (amending dahir No. 1-58-376). Art. 4 outlaws any political party that is based on a particular religion, language, race or region or, in general terms, on postulates that are discriminatory or contrary to human rights. See Organic Law No. 29-11 on political parties of 22 October 2011. A similar formulation can be found in art. 7 of the 2011 Constitution. Law No. 88-13 of 19 August 2016, arts. 31, 37, 64, 71, 72 and 99. Bill No. 26-14 (confidential) on the right to asylum and the conditions for granting it, art. 3. Draft law on migration (confidential), art. 3. See, for example, CERD/C/MAR/CO/17-18, para. 9; E/C.12/MAR/CO/4, para. 14 (a); and A/HRC/36/6, paras. 144.34, 144.76 and 144.78. CERD/C/MAR/CO/17-18, paras. 9–10. 7