territory illegally or had contravened the law or had exercised a profession
in a region other than the one in which they were authorized to do so were
sent back by order of the local authorities. Expulsion orders could be
appealed and, if rejected, a further appeal could be made to the
administrative chamber of the Supreme Court, but this would not have
suspensive effect. The legal basis for the expulsion of Mr. Serfati had been
an order by the Minister of the Interior. Since it was not established that
Mr. Serfati was of Moroccan nationality, his case had been dealt with on the
basis of rules and regulations pertaining to aliens. Obtaining a passport was
possible for all Moroccan citizens; a number of measures had been taken in
April 1991 with a view to accelerating the procedure. Restrictions on the
issuance of passports applied only to cases where national security or
morality were involved, and the members of the Oufkir family could obtain
passports, like all Moroccan nationals. There were no restrictions on freedom
of movement in the southern provinces of Morocco. The measure of banishment
did not exist.
Freedom of religion and expression
65. With reference to that issue, members of the Committee asked to be
provided with information concerning registration or other procedures relating
to the recognition of religions or religious sects by the authorities and
about any difficulties that had been encountered in that regard. They also
wished to know whether there were any mechanisms for censorship of the press
or the media; what conditions had to be fulfilled before foreign newspapers or
periodicals could obtain a permit; what the position was in respect of the
Baha'i faith; what were the revealed religions, according to Moroccan law;
what rules applied to marriages between members of different religious groups;
whether the privileges extended to members of the press influenced their
independence; and what sort of publications were subject to penal sanctions or
some form of censorship.
66. In reply, the representative stated that Islam was the religion of the
State, which guaranteed to all the free exercise of religion without
permitting, however, any attempt to shake the convictions of a Muslim.
Religious denominations were not allowed to register and were covered by the
relevant provisions of the dahir of 15 November 1985 on the freedom of
association. Liberty of expression was enshrined in article 9 of the
Constitution and regulated by the Press Code of 1958, which contained
administrative measures applicable to the publication of newspapers and
periodicals, including the requirement of the deposit of copies of newspapers
or other publications with the judicial authorities and the Ministry of
Information. Periodicals or other documents could be published without being
subjected to censorship. The foreign press was covered by a decree which
provided that the publishers had to present a written request containing
general information about the envisaged publication to the authorities.
67. Concerning the questions regarding the Baha'i faith, the representative
explained that according to Islam only Christianity and Judaism were revealed
religions. Persons belonging to the latter two faiths could exercise their
religion freely and publicly. The Baha'i faith did not qualify as such and
was considered as a heretical sect of colonial origin, Accordingly, its
services could only be held in private. Article 221 of the Penal Code
strictly prohibited all acts of proselytism. Publications were prosecuted
-15-