A/HRC/20/26/Add.2
III. Normative and institutional framework
A.
International legal framework
8.
Morocco has ratified the main international human rights treaties containing
important provisions on cultural rights, namely the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention on the Rights of the Child, the International Convention on the Elimination of
All Forms of Racial Discrimination, the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and the Convention on the
Rights of Persons with Disabilities. Morocco has yet to ratify the optional protocols to the
international covenants allowing complaints to be lodged by victims of violations and to the
Convention on the Elimination of All Forms of Discrimination against Women.
9.
Morocco is also a party to major international treaties of the United Nations
Educational, Scientific and Cultural Organization (UNESCO) that are considered essential
for the enjoyment of cultural rights. 3 Morocco has not yet ratified the UNESCO Convention
on Protection and Promotion of the Diversity of Cultural Expressions.
10.
According to the amended preamble of the Constitution, Morocco is committed to
grant international conventions primacy over domestic law and to harmonize its national
legislation consequently.
B.
National legal and policy framework
11.
Morocco has undergone a number of constitutional, institutional and legal reforms in
the past decade, including major amendments to the Constitution in 2011, the adoption of
the Family Code in 2004 and the establishment of a number of institutions for the
promotion of cultural rights, such as the Royal Institute of Amazigh Culture (IRCAM) and
the National Human Development Initiative (INDH). The education sector has also been
reformed.
12.
The Independent Expert welcomes the multistage consultative process undertaken
for the adoption of the amended Constitution, with the participation of political parties,
trade unions, youth and civil society organizations. She particularly appreciates the fact that
amendments to the Constitution have introduced additional references to fundamental rights
and freedoms, including cultural rights. The amended preamble of the Constitution, in
particular, stresses that the country’s unity, “built on the convergence of its Arabo-Islamic,
Amazigh and Saharo-Hassani components, is nurtured and enriched by its African,
Andalusian, Hebraic and Mediterranean constituents”. Morocco is also notably committed
to banning and combating all discrimination on the basis of sex, colour, beliefs, culture,
social or regional origin, language, disability or other personal circumstances.
13.
The Independent Expert commends the constitutional amendment conferring official
status to the Amazigh language and its consolidation as a written language, as well as the
efforts made to promote that language. The Constitution stipulates in its new article 5 that
Amazigh is an official language of the State. The article also provides that the State will
3
4
Including the Convention concerning the Protection of the World Cultural and Natural Heritage
(1972), the Convention for the Safeguarding of the Intangible Cultural Heritage (2003) and the
Convention on the Protection of the Underwater Cultural Heritage (2001). Morocco has also accepted
the Convention against Discrimination in Education (1960).