Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/morocco.txu

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TITLE: MOROCCO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995




     b.  Freedom of Peaceful Assembly and Association

Although the Constitution provides for freedom of assembly and
association, this right is significantly limited by three
decrees--promulgated in 1935, 1939, and 1958--that permit the
Government to suppress peaceful demonstrations and mass
gatherings.  Organizers for most conferences and demonstrations
require the prior authorization of the Ministry of Interior,
ostensibly for security reasons.

In February the Ministry of Interior denied without explanation
authorization for a conference on women's issues planned by
three major political parties.  The conferees were to consider
the impact of recent changes in the Code of Personal Status,
which concerns marriage, divorce, and child custody.  In April
and June, the Ministry denied permission to AMDH to hold
conferences on human rights and democracy.  In May the Ministry
refused to allow a planned rally in Rabat in support of Bosnian
Muslims.  On June 14, the authorities arrested activists from
the Unemployed Graduate Students Association, an unregistered
group tolerated by the Government, in connection with an
unauthorized demonstration at a union headquarters in a small
eastern city (see Section 1.e.).  The authorities did not
permit OMDH to hold a reception in Casablanca in honor of the
prisoners amnestied in July.  The authorities also denied
organizers to proceed with Berber cultural conferences in
Agadir and Nador.  The police forcibly dispersed several
demonstrations organized by blind students to call attention to
their poverty.  There were a number of injuries.

The Government limits the right to establish organizations.
Under the 1958 decree, persons wishing to establish an
organization must obtain the approval of the Ministry of
Interior before holding meetings.  In practice, the Ministry
uses this requirement to prevent persons suspected of
advocating causes opposed by the Government, particularly
Islamist and leftist groups, from establishing legal
organizations.  There are 29 active Islamist groups, but the
Government has prohibited membership in two of them--Justice
and Charity and Jama'a Islamia--because of their rhetoric
deemed inimical to the monarchy.  The Ministry of Interior must
approve political parties--a power which the Government uses to
control participation in the political process.

     c.  Freedom of Religion

Islam is the official religion.  Ninety-nine percent of the
population is Sunni Muslims, and the King bears the title
"Commander of the Faithful."  The Jewish community of
approximately 6,000 is permitted to practice its faith, as is
the somewhat larger foreign Christian community.  For the first
time in memory, the Ministry of Interior in 1994 permitted the
broadcast of Yom Kippur services on national television.

Although the Constitution provides for freedom of religion,
only Islam, Christianity, and Judaism are tolerated, since the
King has pronounced all other religions to be heresies.  The
Government has prohibited the Baha'i community of 150 to 200
people from meeting since 1983.  Islamic law and tradition call
for strict punishment of any Muslim who converts to another
faith.  Any attempt to induce a Muslim to convert is similarly
illegal.

Foreign missionaries limit their proselytizing to non-Muslims
or conduct their work quietly.  Evangelical missionaries do not
turn away Muslims who appear at services and Bible meetings.
In January the Government quietly released from prison Mustapha
Zmamda, a Muslimsentenced to 3 years in prison in 1993 for
corresponding with Christian missionaries.

The Ministry of Islamic Affairs monitors Friday mosque sermons
and the Koranic schools to ensure the teaching of approved
doctrine.  The authorities sometimes suppress the activities of
Islamic fundamentalists, but generally tolerate activities
restricted to the propagation of Islam, education, and
charity.  Security forces commonly close mosques to the public
shortly after Friday services to prevent use of the premises
for unauthorized political activity.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Although the Constitution provides for freedom of movement, in
practice security forces set up roadblocks throughout the
country and stop traffic at will.  In some regions, roadblocks
have been maintained in the same places for years.  Some
observers characterize these as internal frontiers.  Police
regularly extract gratuities at the roadblocks, particularly
from truck drivers.  In a move to improve their image, the
police arrested more than 1,000 travelers in 1994 for attempted
bribery at the roadblocks.  In the aftermath of the August
violence and discovery of arms catches (see Section 1.d.), the
authorities established additional temporary roadblocks, closed
the border with Algeria, and subjected Algerian nationals to
repeated interrogations.

In the Morocco-administered portion of the Western Sahara, the
Government restricts movement in areas regarded as militarily
sensitive.

The Ministry of Interior restricts freedom to travel abroad in
certain circumstances.  It has refused to issue passports to
certain citizens, including political activists, former
political prisoners, and Baha'is.  However, the Government has
dramatically eased these restrictions in recent years.  OMDH
currently lists only 22 citizens declared ineligible to obtain
passports.  Some former political prisoners, after being issued
passports, were denied exit at border points on the ostensible
basis that government computers had not been changed to reflect
their eligibility to leave.

Women must have permission from either their fathers or
husbands to obtain a passport.  A divorced woman must have her
father's permission to obtain a passport and, if she has
custody of the children, she must have permission of the
children's father to obtain passports for them.  Although the
King has said that the male consent requirement is contrary to
Islam and the Constitution, the Government took no action to
ease the travel requirements for women.

There are frequent allegations of corruption in the passport
offices; applicants are reportedly forced to pay gratuities to
obtain application forms and to make sure the forms are not
lost.  All civil servants must obtain written permission from
their ministries each time they seek to travel abroad.

Moroccans may not renounce their citizenship, but the King
retains the power--rarely used--to revoke it.  Tens of
thousands of Moroccans hold more than one citizenship and
travel with passports issued by other countries.  However,
while residing in Morocco, the authorities consider them
Moroccan citizens.  The Government has sometimes refused to
recognize the right of embassy officials to act on behalf of
"dual nationals" or even to receive information concerning
their arrest and imprisonment.  Dual nationals also complain of
harassment from immigration inspectors.

The law encourages voluntary repatriation of Moroccan Jews who
have emigrated.  Jewish emigres with Israeli citizenship freely
visit Morocco.  The Government also encourages the return of
Saharans who departed Morocco due to the conflict in the
Western Sahara--provided they recognize the Government's claim
to the region.  The Government does not permit Saharan
nationalists who have been released from prison to live in the
disputed territory.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government

Practically speaking, the citizens do not enjoy the right to
change their government by democratic means.  The King, as Head
of State, appoints the Prime Minister, who is the titular head
of government.  The Parliament has the theoretical authority to
effect change in the system of government, but has never
exercised it.  The Constitution may not be amended without the
King's approval.  The Ministry of Interior appoints provincial
governors and local caids.  The latter undergo a 2-year
training course in the Ministry's "Ecole de Formation de
Cadres."  Municipal councils are elected bodies.

Constitutional changes in 1992 authorized the Prime Minister to
nominate other government ministers, but the King retains the
right to replace any minister at will.  Any significant
surrender of power from the Crown to the Prime Minister's
office was further obviated when the King decreed to the
secretaries general, who serve at the King's pleasure, many of
the powers previously vested in the ministers.

Allegations of fraud and manipulation in the 1993 parliamentary
election are pending before the Constitutional Council, the
designated body adjudicating the disputes.  Challenges have
been filed for more than 100 of the 333 seats in Parliament.
Although 17 reelections have been ordered and carried out,
often with new credible allegations of irregularity, human
rights groups do not expect the Council to adjudicate the
remaining cases.

Sixteen parties have members in Parliament.  In a rare display
of political independence, a coalition of major parties refused
in 1994 to accept the King's invitation to accept ministerial
posts--absent significant political and electoral reform,
including control of the Ministry of Interior.  As a
consequence, most present ministers are technocrats named by
the King as caretakers pending the formation of a longer-term
government.  In 1994 the Parliament authorized the televised
broadcasts of ministerial question periods in Parliament.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are three officially recognized nongovernmental human
rights groups:  the Moroccan Human Rights Organization (OMDH),
the Moroccan League for the Defense of Human Rights (LMDH), and
the Moroccan Human Rights Association (AMDH).  LMDH is
associated with the Istiqlal Party, and AMDH is associated with
the Party of the Socialist Avant Garde.  They have formed a
coordinating committee and generally issue joint communiques.
OMDH is nonpartisan.  LMDH and OMDH participate in some
activities of the Royal Consultative Council on Human Rights.

In January OMDH issued a communique stating that the Ministry
of Justice had formed a partnership with OMDH, AMDH, and LMDH
to investigate alleged violations of human rights.  However, at
year's end, there had been no significant follow-up on this
initiative.  While the Ministry of Justice held occasional
meetings with the NGO's, the Ministry of Interior continued to
refuse to acknowledge their inquiries directly.

In comments before Parliament in February, reiterated in
November, the Minister of Interior made clear that he resented
inquiries from human rights groups and that neither of the two
ministries would respond to them, even if such inquires came
from Parliament or other ministries.

The Royal Consultative Council on Human Rights (CCDH), an
advisory body to the King, exists in sometimes uneasy
coordination with the Deputy Ministry of Human Rights (DMHR),
which was established by Parliament.  While their common
missions often provoked an adversarial relationship, a clearer
division of labor emerged in 1994.  CCDH has concentrated on
the reports written by its various working groups, most notably
its recommendations for prison reform.  DMHR's activities have
been more executive:  identifying Tazmamart Prison victims for
compensation and studying the dossiers of disappeared persons
for possible compensation to their families.  The two bodies
worked together on the royal amnesty program:  CCDH formulated
the criteria for eligibility, and DMHR compiled a list of
potentially eligible prisoners.

Amnesty International (AI) established an office in Casablanca
after its representatives visited Morocco in 1994.  While
citing a continuation of human rights abuses, AI commended the
Government's openness in affording access to prisons and
prisoners.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Women suffer various forms of legal and cultural
discrimination.  Under the Criminal Code, women are generally
accorded the same treatment as men, but are not accorded equal
treatment under family and estate law, which is based on the
Malikite school of Islamic law.  Under this law, husbands may
more easily divorce their wives than vice versa.  Women inherit
only half as much as male heirs.  Moreover, even where the law
guarantees equal status, cultural norms often prevent a woman's
exercise of those rights.  When a woman inherits property, for
example, male relatives may pressure her to relinquish her
interest.

The civil law status of women is governed by the Moudouwana, or
Code of Personal Status, which is based in part on the Koran.
With the active support of the King, limited reforms of the
Moudouwana, consistent with the Koran, were effected in 1993.
The amendments allow a wife to divorce a husband who announces
an intent to take a second wife; grant a wife unspecified
allowance rights, based on the husband's income, in cases where
a husband files for divorce without legal justification; and
recognize a wife's priority of right to custody of young
children after a divorce.

Women's groups unsuccessfully requested that the Moudouwana
changes include expanded rights to combat spousal violence, a
problem human rights groups confirm is commonplace.  Although a
battered wife has the right to complain to the police, as a
practical matter she would do so only if prepared to file for
divorce.  Spousal abuse is grounds for divorce, but even if
abuse is proven, divorced women do not have the right to
financial support from their former spouses.  Hence few victims
report abuse to authorities.

The law and social practice concerning violence against women
reflects the importance society places on the honor of the
family.  The Criminal Code includes severe punishment for men
convicted of rape or violating a woman or girl.  The defendants
in such cases bear the burden of proving their innocence.
However, sexual assaults often go unreported because of the
stigma attached to the loss of virginity.  A rapist may be
offered the opportunity to marry his victim in order to
preserve the honor of the victim's family.  The law excuses the
murder or injury of a wife caught in the act of committing
adultery; however, a woman would not be excused for killing her
husband under the same circumstances.

While many well-educated women pursue careers in law, medicine,
education, and government service, few make it to the top
echelons of their professions.  Women comprise approximately 24
percent of the work force, with the majority of them in the
industrial, service, and teaching sectors.

Women suffer most from inequality in the rural areas.  Rural
women perform most hard physical labor; the rate of literacy,
particularly in the countryside, is noticeably lower for women
than for men.  Girls are much less likely to be sent to school
than are boys.  Women who earn secondary school diplomas,
however, have equal access to university training.

     Children

The Government has taken little action to end child labor (see
Section 6.d.).  Young girls in particular are exploited as
domestic servants.  Orphanages are often party to the practice
of adoptive servitude, in which families adopt young girls who
perform the duties of domestic servants in their new families.
Credible reports of physical abuse are widespread.  The
practice is often justified as a better alternative to keeping
the girls in orphanages.  It is ingrained in society, attracts
little criticism, even from human rights groups, and is
unregulated by the Government.  In 1994 the Government
continued a campaign to vaccinate children against preventable
diseases.

     National/Racial/Ethnic Minorities

The Constitution affirms, and the Government respects, the
legal equality of all citizens.

The official language is Arabic.  The languages of instruction
and the news media are both Arabic and French.  Science and
technical curriculums are taught in French, thereby eliminating
the large monolingual Arabic-speaking population from these
programs.  Educational reforms in the past decade have stressed
use of Arabic in secondary schools.  Failure to similarly
transform the university system has functionally disqualified
many students, especially those from poorer homes where French
tutoring is not practicable, from higher education in lucrative
fields.

Some 60 percent of the population claim Berber heritage.
Berber cultural groups contend that the three remaining Berber
languages and Berber traditions are rapidly being lost.  Their
repeated requests to the palace to permit the teaching of
Berber languages in the schools have finally produced a royal
decree to effect the necessary curriculum changes.  The King
ordered the limited broadcast of Berber-language news programs
on radio and televison; the broadcasts commenced in 1994.
However, the Government convicted Berber activists and canceled
two conferences on Berber culture (see Section 1.c. and 1.f.).
The moves suggest that the Government regards the Berber
revival as a threat to state security.

     People with Disabilities

Morocco has a high incidence of disabling disease.  Polio is
especially prevalent.  While the Government contends that it
seeks to integrate the disabled into society, most special
education activities are provided by private charities and are
generally affordable only to families with private means.
Disabled persons typically survive by begging.  In 1994 the
Government continued a pilot training program for the blind,
sponsored in part by a member of the royal family.  There are
no laws mandating physical changes to buildings to facilitate
access for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

Although workers are free to establish and join trade unions,
the unions themselves are not completely free from government
interference.  Perhaps a half million of Morocco's 9 million
workers are unionized in 17 trade union federations.  Three
federations dominate the scene:  the Union Marocain de Travail
(UMT), the Confederation Democratique de Travail (CDT), and the
Union Generale des Travailleurs Marocains (UGTM).  The UMT has
no political affiliation, but the CDT is linked to the
Socialist Union of Popular Forces, and the UGTM to the Istiqlal
Party.  Unions belong to regional labor organizations and
maintain ties with international trade secretariats.

In practice, the internal intelligence services of the Ministry
of Interior are believed to have informants within the unions
who monitor their activities and the election of officers.
Sometimes union officers are subject to government pressure.
Union leadership does not always uphold the rights of members
to select their own leaders.  There has been no case of the
rank and file voting out its current leadership and replacing
it with another.

Workers have the right to strike and do so.  In February the
CDT called a 1-day general strike to protest government social
policies.  However, it quickly postponed the strike
indefinitely after the Prime Minister moved to ban it on
grounds that there is no legislation implementing the
constitutional provision for the right to strike.  The
Government maintained that since legal strikes are not defined
by law, the CDT's general strike was outside the scope of
legitimate union activity and hence illegal.  Critics countered
that the ban was an infringement of the Constitution.

During the May 1 Labor Day celebrations, 12 union members
around the country were arrested for shouting political
slogans.  Three were convicted and imprisoned.  They were
released from prison in the general amnesty in July.

     b.  The Right to Organize and Bargain Collectively

The right to organize and bargain collectively is implied in
the constitutional provisions on the right to strike and the
right to join organizations.  The many trade union federations
compete to organize workers.  Any group of eight workers may
organize a union and a worker may change union affiliation
easily.  A work site may contain several independent locals or
locals affiliated with more than one labor federation.

In general, the Government ensures the observance of labor laws
in larger companies and in the public sector.  In the informal
economy, and in the textile and handicrafts industries, labor
laws and regulations are routinely ignored by the Government
and management.  As a practical matter, unions have no judicial
recourse to oblige the Government to enforce labor laws and
regulations.

The laws governing collective bargaining are inadequate.
Collective bargaining has been a long-established tradition in
some parts of the economy, but the practice is not spreading.
Wages and conditions of employment are generally set in
discussions between employer and worker representatives.
Employers unilaterally set wages for the majority of workers.

Employers wishing to dismiss workers are required by law to
notify the provincial governor through the labor inspector's
office.  In cases where employers plan to replace dismissed
workers, a government labor inspector provides replacements and
mediates the cases of workers who protest their dismissal.  Any
worker dimissed for committing a serious infraction of work
rules is entitled by law to a court hearing.

There is no law specifically prohibiting antiunion
discrimination.  Employers commonly dismiss workers for union
activities regarded as threatening to employer interests.  The
courts sometimes order the reinstatement of such wokers, but
are unable to ensure that employers pay damages and back pay.

Ministry of Labor inspectors serve as investigators and
conciliators in labor disputes, but they are few in number and
do not have the resources to investigate all cases.  Unions
have increasingly resorted to litigation to resolve labor
disputes.  In 1994 the International Labor Organization (ILO)
again cited the Government for failing to respond adequately to
such abuses as the dismissals and arrests of trade unionists
and the prohibition on union demonstrations.

The Labor Law applies equally to the small Tangier export
zone.  The proportion of unionized workers in the export zone
is about the same as in the rest of the economy.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited by ILO Convention 29,
which was adopted by royal decree.

     d.  Minimum Age for Employment of Children

Abuse of the child labor laws is common nationwide.  The law
prohibits the employment or apprenticeship of any child under
12 years of age.  Education is compulsory for children between
the ages of 7 and 13.  Special regulations govern the
employment of children between the ages of 12 and 16.  In
practice, children are often apprenticed before age 12,
particularly in the handicraft industry.  The use of minors is
common in the rug-making industry and also exists to some
extent in the textile and leather goods industries.  Children
are also employed informally as domestics and usually receive
little or no wages.  Safety and health conditions as well as
salaries in enterprises employing children are often
substandard.

Ministry of Labor inspectors are responsible for enforcing
child labor regulations which are generally well observed in
the industrialized, unionized sector of the economy.  However,
the inspectors are not authorized to monitor the conditions of
domestic servants.

     e.  Acceptable Conditions of Work

The minimum wage does not provide a decent standard of living
for a worker and his family--even with government subsidies for
food, diesel fuel, and public transportation subsidies.  In
many cases, several family members combine their income to
support the family.  The minimum wage was raised by 10 percent
on July 1 to about $167 (1,510 dirhams) a month, the first
increase in 2 years.  Labor unions call for a minimum monthly
wage of about $220 to $230.

The minimum wage is not enforced effectively in the informal
and handicraft sectors of the economy, and even the Government
pays less than the minimum wage to workers at the lowest civil
service grades.  To increase employment opportunities for
recent graduates, the Government allows firms to hire them for
a limited period for less than the minimum wage.  Most workers
in the industrial sector earn more than the minimum wage.  They
are generally paid between 13 and 16 months' salary, including
bonuses, each year.

The law provides a 48-hour maximum workweek with not more than
10 hours any single day, premium pay for overtime, paid public
and annual holidays, and minimum conditions for health and
safety, including the prohibition of night work for women and
minors.  As with other regulations and laws, these are not
universally observed in the informal sector.

Occupational health and safety standards are rudimentary,
except for a prohibition on the employment of women in certain
dangerous occupations.  Labor inspectors endeavor to monitor
working conditions and accidents, but lack sufficient
resources.  In 1994 five teenaged workers were paralyzed by
glue fumes in a poorly ventilated shoe workshop.