A/HRC/41/54/Add.1
convergence of its Arabo-Islamic, Amazigh and Saharo-Hassani components, is nurtured
and enriched by its African, Andalusian, Hebraic and Mediterranean constituents”. Despite
this emphasis on a multidimensional but unified identity, Morocco, like many other
countries, faces the problem of racial discrimination, which prevents some segments of the
population, particularly the Amazigh, the Sahraoui, black Africans and non-nationals, from
enjoying their human rights on an equal and non-discriminatory basis. Along with
historically rooted forms of inequality and discrimination, changing migration patterns
mean that Morocco is now confronted with additional challenges relating to racial
inequality and xenophobia due to its status as a country of origin and transit, as well as of
destination, for migrants. These challenges may become even greater in the future since
international trends, combined with Moroccan reintegration into the African Union and a
possible membership of the Economic Community of West African States, may have an
impact on migration to Morocco.
7.
One of the overall challenges in assessing racial equality in Morocco is the need for
better collection of disaggregated data. In this context, the Special Rapporteur recalls that
various United Nations human rights mechanisms have previously expressed concern about
the lack of disaggregated statistical data on the composition of the Moroccan population
and on indicators of ethnic and cultural diversity such as the use of mother tongues. 1
Although some progress has been made in this regard, the Special Rapporteur wishes to
reiterate that human rights-compliant collection of disaggregated data on socioeconomic
indicators is crucial for the evaluation of racial equality in the country. Such data are
needed not only to adequately assess the situation of all population groups and to make
inequalities visible, but also to design, monitor and evaluate evidence-based measures that
specifically target disadvantaged groups.
8.
Despite these challenges, the Special Rapporteur acknowledges that Morocco has
made important progress in the protection and promotion of human rights. Particularly, the
adoption of a new Constitution in 2011 is a key achievement that has paved the way for
important legislative, policy and institutional reforms. The Special Rapporteur also
recognizes that Morocco has played a key role in international agreements relevant for
combating racism, racial discrimination, xenophobia and related intolerance, including the
Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence and the Global Compact
for Safe, Orderly and Regular Migration.
III. Racial equality, discrimination and intolerance in Morocco
A.
Overview of the legal, policy and institutional framework
1.
Applicable international human rights law
9.
By ratifying the International Convention on the Elimination of All Forms of Racial
Discrimination, Morocco has committed itself to respect and ensure racial equality, and the
right of all persons to be free from racial discrimination. Commendably, Morocco has
recognized the competence of the Committee on the Elimination of Racial Discrimination
to receive communications alleging violations of the Convention2 and has ratified several
other international human rights treaties that prohibit racial and other forms of
discrimination. 3 These instruments create legally binding obligations for Morocco with
1
2
3
4
CERD/C/MAR/CO/17-18, para. 7; and A/HRC/20/26/Add.2, paras. 7 and 87.
See https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV2&chapter=4&clang=_en#EndDec.
Office of the United Nations High Commissioner for Human Rights, ratification status for Morocco,
available at
https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=117&Lang=EN.
See, for example, International Covenant on Civil and Political Rights, arts. 2 (1) and 26;
International Covenant on Economic, Social and Cultural Rights, art. 2 (2); Convention on the
Elimination of All Forms of Discrimination against Women, art. 1; Convention on the Rights of the