A/HRC/41/54/Add.1 Discrimination in 2014 but has not done so to date. She welcomes the statement of the Minister of State for Human Rights that Morocco is now finalizing its combined nineteenth, twentieth and twenty-first national reports to the Committee on the Elimination of Racial Discrimination. 2. Domestic legal framework relating to racial equality and racial discrimination 14. The Constitution of Morocco, adopted in 2011, marks an important achievement in advancing the Kingdom’s commitment to human rights, equality, and non-discrimination. Notably, the preamble to the Constitution grants primacy to the international treaties ratified by Morocco over domestic law 9 and it includes a commitment to prohibit and combat all forms of discrimination. 10 The preamble forms an “integral part” 11 of the Constitution and, according to government authorities, is therefore of a legally binding nature. The result is that the prohibition of discrimination included in the preamble must be accorded the same legal force as other fundamental rights provisions included in the body of the Constitution. The principles of equality and non-discrimination are further reflected in various provisions throughout the Constitution. An explicit reference to racism can be found in article 23 of the Constitution, which prohibits “all incitement to racism, hatred and violence”. Equality before the law and gender equality are protected in articles 6 and 19 and the rights of non-citizens are protected in article 30. The Special Rapporteur considers this to be a remarkable and visionary provision, which provides that foreigners under Moroccan jurisdiction are entitled to enjoy the same fundamental freedoms granted to Moroccan citizens. In this way, the Constitution enshrines equality and non-discrimination principles and creates a firm foundation for legislative and policy developments, which are necessary to ensure that these human rights principles can be fully realized for all persons in Morocco. 15. Importantly, the preamble to the Constitution affirms the pluralistic nature and unified national identity of Morocco, incorporating the rich cultural and ethnic heritage that has characterized the Kingdom for centuries. This vision of a diverse but unified society, where all can enjoy full human rights and full political and social membership, is one that the Government of Morocco – like all other governments – must continue to work hard to implement. Equality in law alone does not ensure equality in fact. In this context, the Special Rapporteur notes that government as well as non-State actors have sometimes downplayed the existence of racial discrimination by referring to the historically pluralistic but unified national identity of Morocco. While it is important to recognize and celebrate the diverse heritage and national unity of Morocco, the Special Rapporteur underlines that this discourse should not be used to negate the existence of racial discrimination and inequality. 16. A review of applicable domestic legislation shows that Morocco explicitly prohibits certain manifestations of racism, racial discrimination, xenophobia, and related intolerance. Section II bis of the Criminal Code is particularly relevant in this regard: pursuant to article 431-1, discrimination is defined as any distinction made between persons on the basis of national or social origin, colour, sex, family situation, health status, disability, political opinion, trade union membership, or membership or non-membership, true or supposed, of a particular ethnic group, nation, race or religion. Under article 431-2, discriminatory acts are punishable by imprisonment and a fine when they occur in relation to the provision of goods and services, in the workplace, or in the exercise of normal economic activities. Incitement to racial discrimination and hatred is punishable under articles 308-5 and 4315.12 9 10 11 12 6 The Committee on the Elimination of Racial Discrimination recommended the inclusion of such a provision in its 2010 concluding observations. See CERD/C/MAR/CO/17-18, para. 8. The grounds of discrimination listed are non-exhaustive, as indicated by the use of the term “any other personal circumstance”. Preamble to the 2011 Constitution. Criminal Code, consolidated version of 5 July 2018, sect. II bis: discrimination (arts. 431-1 to 431-5).