Tear Down the Moroccan Wall of Shame in the Illegally Occupied Western Sahara

By: Muhammad Shamsaddin Megalommatis

[ Posted On: 2009-01-12 ]

In eleven previous articles, entitled ‘Occupied Western Sahara - Human Rights Violations Perpetrated by the Moroccan Regime’, ‘HRW Recommendations to the Moroccan Tyranny to Prevent Human Rights Violations in Western Sahara’, ‘UN – US to Terminate the Shameful Moroccan Tyranny over Western Sahara’, ‘Freedom for the Sahrawi Nation – Put an End to the Illegal Moroccan Occupation of Western Sahara’, ‘US, EU, French Involvement in Western Sahara: Tolerating the Moroccan Tyranny’s Evildoings’, ‘The Ugly Face of the Moroccan Tyranny Unveiled by the HRW Report on Western Sahara’, ‘The Inhuman Character of the Moroccan Tyranny Denounced in HRW Report on Western Sahara’, ‘Morocco: the Rogue State of Africa’s Most Reviled Pseudo-king’, ‘What is Hidden Behind the Shameful Governmental Publicity of the Moroccan Tyranny’, ‘The Inalienable Right of Western Sahara to Independence, Reinstated by the HRW Report’, and ‘The Liberation of Morocco-Occupied Western Sahara: A Must for Africa’s Future’, I republished the introductory units (List of Contents, Summary, Recommendations, Methodology, the Legal Framework Applied in this Report, Background to the Western Sahara Conflict, and Key Third Parties: The United States, France, and the European Union), the first part (namely the ‘Human Rights in Western Sahara’), and the second part (namely the ‘Human Rights in the Tindouf Camps’) of a HRW Report on Western Sahara.

The Report (“Human Rights in Western Sahara and in the Tindouf Refugee Camps” - http://www.hrw.org/en/reports/2008/12/19/human-rights-western-sahara-and-tindouf-refugee-camps-0) was released on December 19, 2008. In the present article, I republish the Acknowledgements of the comprehensive (216-page) HRW Report, In forthcoming articles, I will complete the republication of the Report.

Human Rights in the Tindouf Camps
http://www.hrw.org/en/node/77259/section/10

Acknowledgments
http://www.hrw.org/en/node/77259/section/11

Eric Goldstein, research director for the Middle East and North Africa division of Human Rights Watch, and Bill Van Esveld, Arthur Helton fellow at Human Rights Watch, wrote the section of this report devoted to the Tindouf refugee camps. Goldstein wrote the section of this report devoted to Western Sahara. Goldstein, Van Esveld, and Joseph Logan, researcher at Human Rights Watch, conducted the research for this report, with additional field research conducted by consultant Omar Brouksy.

Sarah Leah Whitson, executive director of the Middle East and North Africa Division of Human Rights Watch, and Iain Levine, program director of Human Rights Watch, edited the report. Clive Baldwin, senior legal advisor, provided legal review. Clarisa Bencomo, researcher with the Children's Rights division, reviewed the draft.

Human Rights Watch thanks Morocco's ambassador to the United States, Aziz Mekouar, for receiving us on numerous occasions to discuss human rights issues and for facilitating communication with authorities in Rabat. We also thank the governor (wali) of El-Ayoun-Boujdour, M'hamed Drif, for receiving us on November 6, 2007 for a wide-ranging discussion; Nasser Bourita, chef de cabinet and director for the United Nations and International Organizations at the Ministry of Foreign Affairs, and Governor Rachid Rguibi, director of International Cooperation at the Ministry of Interior, for receiving us in Rabat on March 3, 2008; Ahmed Herzenni, president of the Advisory Council on Human Rights, for receiving us in Rabat on November 8, 2007 in Rabat, and Assistant Crown Prosecutor for El-Ayoun Abdennasser Barzali for receiving us in El-Ayoun on November 7, 2007.

Human Rights Watch thanks the Polisario's ambassador to the United States, Mouloud Saïd, for helping to facilitate our mission to the Tindouf refugee camps and for obtaining answers to our written questions from Polisario authorities. We also thank SADR President Mohamed Abdelaziz, Justice Minister Hamada Selma, and Polisario Front directorate member M'hamed Khadad for meeting with us during our mission to the Tindouf camps to discuss human rights issues. We are grateful to Moroccan authorities and the Moroccan-American Center for Policy for arranging meetings with former residents of the Tindouf camps who had resettled recently in Western Sahara.

We also thank the many human rights organizations that helped us in our research, especially the Association of Victims of Grave Human Rights Violations Committed by the Moroccan State (ASVDH), the Moroccan Association for Human Rights, the Moroccan Forum for Truth and Justice, the Collective of Sahrawi Human Rights Defenders, and the Sahrawi Committee to Defend Human Rights in Smara, Western Sahara.

Consultant Julia Choucair provided interpretation in the Tindouf refugee camps. Human Rights Watch intern Hamdi Khalifa provided research assistance. Intern Naseema Noor helped to proofread the text.

The report was prepared for publication by Brent Giannotta and Nadia Barhoum, associates in the Middle East and North Africa division, Grace Choi, publications director, and Fitzroy Hepkins, mail manager.

Appendices
http://www.hrw.org/en/node/77259/section/12

Appendix 1: Letter from Human Rights Watch to Moroccan Authorities Requesting Information on Human Rights and Western Sahara

May 7, 2008

Ambassador Aziz Mekouar
Embassy of Morocco
1601 21st St., NW
Washington, DC 20009

Dear Mr. Ambassador,

As you know, Human Rights Watch is preparing reports on human rights conditions in Western Sahara and in the Tindouf refugee camps. Our established practice is to submit, during the course of our research, questions to the authorities whose record is the subject of the report, in order that their information and point of view can be reflected in the reports that we publish.

In keeping with that practice, we are submitting questions both to Moroccan and Polisario authorities about specific cases of concern, as well as about general policies. Over the course of the last few months, we have already exchanged information, in person and via correspondence, with you and other Moroccan officials and plan to incorporate into our report all of the relevant information that you kindly provided.

What follows are three general questions, followed by queries about a sampling of the individual cases that we are considering for inclusion in our forthcoming report.

(1) A human rights mandate for MINURSO. The Polisario has said that it favors extending the mandate of MINURSO to include human rights observation in the Moroccan-controlled Western Sahara and the Polisario-controlled areas. What is Morocco's position with respect to this proposal?

(2) Reconciling Moroccan law and its international human rights engagements. Many of the contentious cases involving freedom of expression, association and assembly in the Moroccan-controlled Western Sahara revolve around activities or public speech deemed to favor Sahrawi independence. The authorities deem such activities to be attacks on Morocco's "territorial integrity" and forbid them. Please explain how Morocco reconciles its international legal obligations to respect freedom of expression, association and assembly, with its general practice of forbidding peaceful public expression and activities deemed to favor Sahrawi independence.

(3) Civil Liberties under the Autonomy Plan. In light of your answer to question 2 above, please indicate whether Morocco's autonomy proposal for Western Sahara envisages any change to the general practice of forbidding peaceful public expression and activities deemed to favor Sahrawi independence.

(4) Expulsion of foreign human rights delegation. Please explain the reasons for the summary expulsion from Morocco of a human rights delegation from France composed of Frédérique Lellouche, Pierre Alain Roussel, Mireille Brun and Claude Mangin on April 25, 2008.

(5) Investigations into Allegations of Excessive Force by the Police. Below is a list of complaints submitted by alleged victims of human rights violations submitted to the offices of the prosecutor at the Court of Appeals and the Court of First Instance in El-Ayoun. Please inform us of the status of these investigations; the findings, for those that have concluded; and for each, whether in the course of the investigation, the prosecutor's office contacted the plaintiffs and invited them to provide testimony or evidence as part of the inquiry:

(a) Multiple concurring complaints that police in downtown El-Ayoun violently broke up a human rights sit-in on December 10, 2006, injuring several participants. Complaints were submitted to the office of the prosecutor at El-Ayoun's Court of Appeals by el-Ghalia Djimi (whose complaint was stamped by the court as 06 ?? ? 122 of December 11, 2006), Brahim Dahhane (stamped 06 ?? ?123 of December 13, 2006), Sidi Mohamed Hamia (06/123 ?? ?of December 12, 2006), and al-Sharif al-Kouri (?? ?127 of December 13, 2007).

(b) Complaint filed by Hassan Duihi that police in El-Ayoun arrested him on August 23, 2007 and subjected him to a beating and humiliation while holding him overnight and forcing him to sign a statement they prevented him from reading (complaint stamped by the El-Ayoun Appeals Court as ? 07/94 of August 27, 2007).

(c) Complaint filed by Limam Oumlakhout that police in El-Ayoun arrested her on April 13, 2007 and beat her at the 24 November police station (complaint stamped by the El-Ayoun Appeals Court as ?07/57 and dated April 16, 2007).

(d) Complaint by Omar Chtouki and by his father Lahoussine Chtouki that police in El-Ayoun arrested and beat 16-year-old Omar in custody on February 18, 2007 and on April 7, 2007, breaking his leg in the latter incident (complaint stamped by the El-Ayoun Appeals Court as ?07/35 dated February 21, 2007 and ? 07/61 dated April 25, 2007).

(e) Complaint by el-Mehdi ez-Zai'ar, born December 8, 1987, that on January 22, 2007 police in El-Ayoun arrested him and severely beat him, before releasing him the next day (complaint stamped by the El-Ayoun Court of First Instance, number and date illegible).

(f) Complaint by Mohamed Boutabâa, born in 1970, that on May 17, 2006, police deliberately drove their car into him in the Maâtallah neighborhood, causing severe injuries. The incident occurred in the context of pro-independence demonstrations staged on the occasion of a visit by a delegation of the UN High Commissioner for Human Rights. Boutabâa submitted two complaints to the El-Ayoun Appeals Court (stamped ? 06/123 dated May 31, 2006 and [number illegible] December 20, 2006). When we met with assistant prosecutor at El-Ayoun's Court of Appeals, Abdennasser Barzali, on November 7, 2007, he acknowledged receiving both of Boutabâa's complaints and said they were still under review, a year and-a-half after Boutabâa had filed his first complaint.

(6) Accountability for Violations. Please provide specific information about instances since 2005, other than the death of Hamdi Lembarki in El-Ayoun 2005, in which police have been criminally prosecuted for cases involving human rights violations in Western Sahara.

(7) Freedom of Association. Authorities barred the Collective of Sahrawi Human Rights Defenders (CODESA) from holding a constitutive assembly in El-Ayoun on October 7, 2007, thereby preventing them from taking even the first step in the process of gaining legal recognition. Please explain the legal basis for this apparent refusal to allow CODESA to regularize its status.

(8) Freedom of Movement. The frequency with which authorities prevent Sahrawi political and human rights activists from traveling abroad has declined in recent years. However, the problem seems to continue in different and subtler forms. There are allegations that the public administration arbitrarily refuses to allow Sahrawi activists employed as civil servants to use earned vacation time in order to travel abroad, where they would plead their cause.

Thus, the Ministry of Agriculture, Rural Development and Sea Fishing refused el-Ghalia Djimi, vice-president of the Sahrawi Association of Victims of Grave Human Rights Victims Committed by the Moroccan State (ASVDH), permission to take her earned vacation from her post at the ministry in order to travel abroad. Djimi, of El-Ayoun, made clear that the purpose of her travel was to pursue human rights work in Europe on behalf of Sahrawis. Three times she applied to use her vacation time to travel abroad during the last quarter of 2007, and each time her employer refused, on the grounds that her services were needed at the office. Djimi said this reason is not credible since her employer gives her virtually no work. However, when Djimi applied to take vacation days to travel to Rabat, Morocco in April 2008, permission was granted.

Also prevented from foreign travel is Mohamed el-Moutaouakil, a member of the national council of the Moroccan Forum for Truth and Equity and of the secretariat of CODESA. El-Moutaouakil has a post in local government in Casablanca, which is part of the Interior Ministry. Authorities have systematically refused to allow him to use his vacation time to travel abroad since his release from prison in 2006, even though, like Djimi, he is given virtually no work to do.

We would welcome explanations from these two ministries why they have refused to grant permission to these two employees to use their vacation days to travel abroad.

We look forward to reading your answers to the above questions, as well as any additional comments you wish to provide. We will be able to reflect any pertinent information you provide to us by May 30, 2008 in our final report.

Thank you for your consideration. Please let me know if you have comments or questions.

Sincerely yours,

Sarah Leah Whitson
Executive Director
Middle East and North Africa division

Appendix 2: Response from the Government of Morocco, dated May 30, 2008, to Letter from Human Rights Watch
(translated from Arabic by Human Rights Watch)

Introduction

The Kingdom of Morocco, conscious of the significance of human rights in its global dimension, has prioritized this issue and is moving forward and without reservation to fortify the rule of law, democracy and sustainable development while keeping in mind its political realities, regional security, and the protection of the security and integrity of its citizens. The culture of human rights is underscored in the Kingdom's constitution, the preamble to which affirms Morocco's commitment to the principles of human rights as agreed upon internationally.

The Kingdom of Morocco, convinced that the consolidation and protection of human rights constitute first and foremost a process that requires development, has taken a number of steps, including Morocco's initiative to negotiate autonomy for the Sahara region, which aspires to attain a peaceful, just and permanent settlement of the Sahara dispute while preserving the Kingdom's territorial integrity and sovereignty over these provinces.…

Human rights are being implemented in all provinces without discrimination between the Saharan provinces and the rest, on the basis of the equality of all citizens under the Constitution (Article 5) and the Universal Declaration of Human Rights (Article 7). Thus, citizens coming from the southern provinces enjoy all the rights and freedoms, and are subject to the same duties and responsibilities, as the rest of Morocco's citizens.

Based on these considerations, and in order to clear up all ambiguities and fallacies that aim to cast doubt on the democratic course that Morocco has adopted in order to consolidate the rule of law and to spread the culture of human rights, we must provide the following clarifications and information regarding the questions posed in your letter:

1. The position of Morocco regarding the proposal by the Polisario movement to extend the referendum mandate of the United Nations Mission in Western Sahara [MINURSO] to include monitoring human rights in this region

Morocco has negotiated with the United Nations to define the types and scope of the tasks and authority assigned to the United Nation's Mission in the Sahara, on the one hand on the basis of [doing] what is necessary to implement these tasks and, on the other hand, [doing that which is needed to] respect Moroccan sovereignty over the province and to avoid posing obstacles to its development and advancement.

Based on this reasoning, there is no legal or rational reason why Morocco should reevaluate the tasks and responsibilities of the UN mission, or consider extending them to include other functions that could undermine Morocco's sovereignty, [especially] considering that:

the residents of the southern regions enjoy full civil, political, economic, social, and cultural rights, and actively contribute to all facets of life;

these districts have witnessed astounding progress in comparison to the circumstances they were in following the departure of the Spanish from the region in 1975, thanks to Morocco's pro-development policies and the major efforts it exerted in all fields, including human rights;

the few elements that attempt to propagate the separatist thesis and destabilize [Morocco] by all means, including the use of violence while hiding behind the pretense of defending human rights, are pursuing activities that violate Morocco's laws and the bedrock principles of the nation.

It is also worth mentioning that the "Polisario's" claim that they are willing to accept the extension of the mandate of the UN's mission to the "regions under its control" is merely a diversion, in light of the fact that the regions that are inhabited are the Tindouf Camps (in Algeria) rather than the regions east of the Security Belt [the berm] that Morocco considers an integral part of its Sahara but has allowed to be under the control of the UN mission for purely technical-military reasons.

2. Reconciling Moroccan laws with its international legal obligations regarding human rights, especially respecting freedom of expression, association and assembly

As noted before, Morocco has committed itself constitutionally to the principles of human rights in their universal dimension. To underscore its commitment, Morocco has ratified, or joined, most of the relevant international covenants and agreements. In accordance with international obligations, the Moroccan Constitution guarantees to all citizens freedoms of opinion and expression in all their manifestations, as well as freedom of assembly and association. The exercise of these freedoms cannot be restricted except when the law so requires (Article 9 of the Constitution). Moroccan legislation sanctifies these constitutional principles and encodes them in various laws. They found their first manifestation in the Press and Publishing Law, issued on November 15, 1958, which was later amended in important ways to reconcile national laws with international agreements relating to human rights and freedom of thought and expression, which are considered among the most important freedoms required by democratic regimes.

Freedom of expression: The Press and Publication Law consecrated the right to publish newspapers, the right to print, publish, and promote books, the right of citizens to have access to the media, and the right of the media to have access to sources of information. These freedoms are practiced within the context of the principles of the constitution, the provisions of the law and the ethics of the profession (Article 1 of the Press and Publication Law). And while freedom of expression is an absolute right, its practice entails duties and responsibilities and can be subject to certain measures, conditions, and penalties when used irresponsibly and when it infringes on others' rights and harms their reputation, or when such restrictions are necessary to protect security, or public order, or public health, as stated in Article 19 of the Universal Declaration for Human Rights. In this regard, Moroccan law criminalizes only those acts that contradict the content of international agreements.

Freedom of assembly: Freedom of assembly is guaranteed by the Constitution (Article 9). In accordance with international agreements, Moroccan lawmakers consecrated the freedom of public assembly, in the provisions of Article 1 of the Law on Public Gatherings. Public assemblies are permitted without obtaining prior permission (Article 2 of the same law) and can be held after notifying the local administrative authority who has jurisdiction over the area that includes the location of the assembly (Article 3 of the same law). Associations and groups that were formed for cultural, athletic or charitable purposes and that are legally constituted are excluded from this requirement.

The right to assembly, while absolute, is subject to restrictions when it contravenes the public order or public decency or when it incites the commission of crimes punishable by the law (Article 6 of the Law on Public Gatherings), in conformity with Article 21 of the International Covenant on Civil and Political Rights.

The Law on Public Gatherings governs street demonstrations and assemblies. Street demonstrations may be organized without prior permission (Article 11 of the Law on Public Gatherings) as long as the legal requirements are respected. The role of the authorities is limited to issuing a receipt acknowledging they have been notified, rather than a permit to organize the demonstration. If the organizers of the assembly are unable to deliver the formal notification in person, they can send it to the local administrative authority via registered mail (Article 12 of the same law).

The Law, in Article 17, forbids armed gatherings in public streets, as well as all unarmed gatherings that infringe on public security.

In this context, it is important to emphasize that the authorities make certain that security forces intervene to disperse gatherings in a calm and disciplined manner that is respectful of human rights and of citizens' dignity. The procedure [for dispersing gatherings] is never implemented unless the protesting action is found to violate the law or if it disturbs public security and public order.

No one has shown that Moroccan authorities have ever forbidden any peaceful action to express an opinion or to take a stand, no matter how opposed it may be to their own policies. This shows our country's commitment to international agreements that contribute to implementing the principles of democracy and the right of expression that Morocco has adopted. The authorities do not intervene except to fulfill their duty to protect security and maintain public order and [protect] citizens' safety and their property.

Freedom to establish associations: The Constitution guarantees, in Article 9, the right to establish associations and to join them. The legislature has dedicated a number of texts to the establishment of associations (Article 2 of the royal decree No. 1.58.376 issued on November 15, 1958, later revised by law 75-00 relative to the establishment of associations). The role of the administrative authority is limited to providing a temporary receipt of deposit upon the issuing of a permit, and a final receipt of deposit within 60 days, after the conclusion of all the procedures required by the law. And if it [final receipt of deposit] is not provided within this period, the association can then pursue its activities in accordance with the goals listed in its bylaws.

Pursuant to these conditions, all individuals have the right to establish associations, conditional on the association's complying with the law and conducting itself in an appropriate manner, and refraining from insulting the Islamic religion, or threatening territorial integrity or the monarchical form of government, or advocating any form of discrimination in accordance with Article 22 of the International Covenant on Civil and Political Rights.

3. Civil liberties under the autonomy plan

The autonomy plan proposed by Morocco to reach a just and final solution to the fabricated conflict over our territorial integrity provides all guarantees relating to the respect of human rights in its comprehensive conception, and forbids any attempt to retreat from these guarantees that the institutions of autonomy might initiate, be they legislative, executive, or judicial. It also bans any racial, tribal, or other form of discrimination.

The autonomy proposal also does not allow for any attempts at secession or independence from Morocco, for reasons related to the bedrock principles of the nation that permit no deviation: Islam, the constitutional monarchy, and national and territorial unity.

4. The reasons for deporting a foreign delegation without first obtaining judicial review

Regarding the deportation by Moroccan authorities on April 25, 2008 of a foreign delegation whose members are Frédérique Lellouche, Pierre Alain Roussel, Mireille Brun and Claude Mangin (the wife of Naâma al-Asfari, who was arrested on April 15, 2008 and brought to justice and sentenced to imprisonment for two months and fined 3,700DH after being convicted of "beating, causing injury, public drunkenness, driving while intoxicated, and causing damage to public property"). It is important to note that the aforementioned delegation members committed acts that violated public security when they directly contacted some citizens and encouraged them to organize public and street gatherings and rioting in order to disrupt public security and stability.

On these grounds, local authorities issued deportation orders against them in accordance with Articles 25 and 27 of law 03-02, which relates to the entry and residence of foreigners in the Kingdom of Morocco, and to illegal immigration. Article 25 of the law empowers the administration (local authority) to take the decision to deport a foreigner from Moroccan soil if his or her presence constitutes a threat to public order.

The deportation orders against the concerned individuals were issued by the local authorities who are legally empowered to make the decision. The concerned parties were notified in a legal manner consistent with the rules of international law, specifically international diplomatic law, according to which the French consul in our country notified them of the deportation order. And they were personally informed of the decision by the relevant security authorities in accordance with the notification rules provided by Moroccan law….

5. Investigations into allegations of the use of force by the police

Moroccan law allows the use of public force to preserve public security and order, or to execute judicial decisions and administrative orders. However, the use of force is to be within prescribed limits without any excess, and fully respectful of the rule of law. Any excessive use of force is considered to violate the rights of others and its perpetrators are subject to disciplinary sanctions ranging from temporary suspension to permanent dismissal (Article 32 of the Code of Criminal Procedure and Articles 225 and 436 of the Penal Code).

In this context, all complaints submitted to the general prosecutor's office by aggrieved parties become the subject of judicial investigations that take time to be carried out, in order to hear from all parties and to collect sufficient evidence to prove the allegations. In some cases, the complaints omit elements that are essential to the investigation, in which case the complainant must be summoned to clarify and confirm the complaint and provide testimony and evidence that can prove or disprove the veracity of what is being claimed. After referring the complaint to the general prosecutor's office for examination, the prosecutor decides to refer it to investigation or to a court after filing charges against the perpetrator, or to close the file, either because of a lack of sufficient evidence or a lack of the elements that would constitute a criminal offense.

Returning to your question regarding the status of the complaints submitted to the general prosecutor's office at the Court of Appeals in El-Ayoun concerning allegations of the use of [excessive] force against specific individuals, [we] have attached to this letter a table that includes a list of the cases, the status of each and the measures taken, in accordance to the above-mentioned requirements.

6. Accountability for violations

This question seeks information regarding the criminal prosecution of any police for violating human rights in the Moroccan Sahara, beyond the case of the death of Hamdi Lembarki. This question insinuates that the region might be experiencing human rights abuses, that these abuses are being overlooked, and that the law is not being applied. This amounts to a blatant indictment of policies in the southern regions of the Kingdom.

The question suggests there might have been other cases of death, or cases in which torture was practiced, and the law was not applied to them. In this context, it is necessary to repeat that the legislature has assigned to the general prosecutor's office the duty to keep informed of the investigations conducted by the judicial police, oversee its work, and visit the locations of garde à vue detention. When the judicial police seek to extend a detention, the law requires that they bring the suspect before the royal prosecutor or the royal general prosecutor, who, before granting an extension, must assess the detainee's health, hear from him, and assess the legitimacy of the reasons for requesting the extension.

In addition, the judicial police is required to maintain a log and records that are numbered and signed by the royal prosecutor and that include the detainee's ID number and the dates and times that his period of detention began and ended. The judicial police is required to inform the family when they take a detainee into custody.

The detained person can contact a lawyer as early as the first hour of the period extending his garde à vue detention, and the lawyer can provide during his client's garde à vue detention written documents and comments to the judicial police or to the general prosecutor's office that will be entered into the record (Article 80 of the Code of Criminal Procedure).

The law requires the royal prosecutor and the royal general prosecutor and the investigating judge to order a medical exam of the person brought before him if the person asks for it, or if his lawyer asks for it, or if he himself notices physical marks indicating the use of excessive force or torture. Furthermore, confessions extracted by force or violence are not admissible (Article 293 of the Penal Code). The same applies to acts of torture included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that became crimes under Moroccan criminal law under the terms of Law 43.04, which stiffens the punishments imposed on perpetrators of this crime.

7. Clarifying the legal basis for allowing the "Collective of Sahrawi Human Rights Defenders" to regularize its status

Article 21 of the International Covenant on Civil and Political Rights states: "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." From this it is clear that associations and unions may be established in complete freedom, with no restrictions on this right except those provided by law, that is, the national law of the state party to the covenant.

In this regard, it is worth mentioning the large number of associations formed in the various southern provinces. Authorities prohibited the inaugural assembly of the so-called "Collective of Sahrawi Human Rights Defenders," pursuant to the Law on Public Gatherings, in order to avoid a possible deterioration in security and to prevent its exploitation as another means to spread separatist propaganda.

Reviewing the principles underlying the inaugural assembly of the "Collective of Sahrawi Human Rights Defenders," we find that the goal in establishing this association is to "promote the culture of human rights in Western Sahara and Morocco's southern cities and universities that contain students coming from these regions." This constitutes an infraction of the provisions of Article 05 of royal decree 1.58.376 issued on November 15, 1958, as revised and expanded upon by law 00.75 on the founding of associations.

Given that this association aims to organize and represent a specific segment of Moroccan society while excluding others, not to mention that even its name displays its discriminatory origin, it directly violates the requirements of Article 3 of the above-mentioned royal decree.

Furthermore, Moroccan authorities are preventing the legalization of this association due to the obligation to respect the bedrock principles of the nation. This group tries to use the cover of a human rights association to create a political organization connected to the Polisario Front, which aims to compromise national territorial integrity by advocating separatism. It thus violates the requirements of Article 3 of the same royal decree, which states: "Any association is void if it is founded on a cause or has an objective that is illegal, contrary to good morals or that aims to undermine the Islamic religion, the integrity of national territory, or the monarchical regime, or that calls for discrimination."

8. Clarifications regarding the refusal by the public administration to allow el-Ghalia Djimi and Mohamed el-Moutaouakil to benefit from their administrative permits

In Morocco, freedom of movement is guaranteed by the Constitution in Article 9.This freedom cannot be abridged except by law. Based on that, any individual has the right to travel inside and outside Morocco freely as per the relevant international agreements (Paragraphs 2 and 3 of Article 12 of the International Covenant on Civil and Political Rights).

In light of this, limits may be imposed on this freedom only in accordance with procedures specified by the Code of Criminal Procedure, which allows the royal general prosecutor, the royal prosecutor, and the investigating judge to order the closure of the borders should an investigation so require, for a period that cannot exceed one month if the matter under investigation relates to an offense punishable by two or more years of imprisonment. On the other hand, administrative authorities have no power to forbid an individual from leaving the national soil.

In response to the claim that the above-mentioned persons were not allowed to benefit from their administrative permits to travel abroad, it must be stressed that this is not a matter of violating the right to freedom of movement, but rather an administrative course of action taken by their employers (respectively, the Ministry of Agriculture and the Council of Communes of Casablanca), who refused to give them leave to take their vacation.

The decisions taken by the administration are proper, because the internal bylaws of public employment and local administrations grant the administration a discretionary authority to manage administrative permits according to its needs and interests.

Finally, the above-mentioned persons have benefited in the past from administrative permits with total freedom to travel both inside and outside the homeland. The best attestation to that is the fact that el-Ghalia Djimi has benefited in the years 2006 and 2007 from administrative permits and made two visits to Italy and Belgium to spread her separatist ideas with full freedom and returned to Morocco without undergoing any noteworthy administrative oversight.

Conclusion and Notes

The Moroccan government appreciates your preparing a report on human rights in the Moroccan Sahara and the Tindouf camps and the methodology of submitting written questions to the concerned parties to obtain the needed clarifications regarding allegations of the occurrences of human rights infractions or violations. While we value the rights-based approach of your organization, we wish to make some comments on what you included in your previous reports on human rights conditions in our southern provinces:

You gather information on human rights by relying on unofficial channels, or relying on complaints that you receive from certain parties, without verifying the facts regarding these matters through direct contact with the parties to whom these supposed violations are attributed, despite the fact that you conduct periodic visits to observe and examine, with full freedom, the human rights conditions in our country in general and in the southern provinces in particular.

Your reports fail to provide, for the purpose of comparison, the official positions of the Moroccan government and of the specialized national organizations, in order to ensure truth and objectivity on human rights conditions in Morocco.

Your reports do not include the many types of human rights violations occurring in the Tindouf camps, involving the rights of refugees, as specified in the 1951 agreement, and the stifling of freedom of expression and assembly and association, as well as freedom of travel and movement.

The reports you publish on the human rights conditions in the southern provinces of the Kingdom and the Tindouf camps lack neutrality and objectivity, in contradiction with the goals for which your organization was founded, and with the purposes that you claim to underlie your reporting.

The Moroccan government would like to use this chance to invite you to widen the scope of collaboration and base it on a new approach to deal with the varied information you receive on claims regarding the conditions of human rights in Morocco in general and the southern provinces in particular, by instituting a responsible and productive dialogue with the Moroccan government and the appropriate national institutions to uncover the fabricated claims about the human rights conditions in our country, and to examine any case that indicates the occurrence of infractions, in light of the fact that Morocco has the laws, the institutions, the necessary will, and the accumulated experience in this area to resolve and put an end to such violations and their effects.

Answers regarding the measures taken in response to complaints filed by individuals cited in question 5 in the letter from Human Rights Watch

Plaintiff: Limam Oumlakhout

Date and number of complaint: April 16, 2007, 07/57

Against: Aziz "El-Touheimeh", senior officer

Subject of complaint: Allegedly taken from her home at 9pm, to the police station in the company of her mother and her sister, assaulted and released around 12am.

Measures taken: The public prosecutor has order an inquiry into this matter.

Observations: The investigation is still pending.

Plaintiff: Ech-Cherif El-Kouri

Date and number of complaint: December 11, 2006, 06/126

Against: Aziz "El-Touheimeh" senior officer, and Brigadier Ichi abou el-Hassan

Subject of complaint: Allegedly detained by police, taken to police headquarters, subjected to torture, severe beating, threatened with rape, referring to his being the brother of [Sahrawi independence activist] Aminatou Haidar.

Measures taken: After looking into this matter and examining the records of the public prosecutor, no record could be found of this plaintiff having complained to the judicial authorities on this matter. For this reason, the public prosecutor closed the file for lack of evidence and lack of the elements suggesting that a criminal offense had been perpetrated against the plaintiff. The aim of the complaint is to confuse and impede the activity of the judicial police. The concerned party has been notified of the decision.

Plaintiff: Sidi Mohamed Hamia

Date and number of complaint: December 11, 2006,06/123

Against: Police Chief Ichi abou el-Hassan

Subject of complaint: Subjected to beating on different parts of his body by members of the police while participating in a peaceful sit-in in front of the Nakjir Hotel on Global Human Rights Day, organized by supporters of a human rights association.

Measures taken: The judicial inquiry into this subject determined that it concerns an unauthorized sit-in that could constitute a threat to public order and security because its organizers are known to the security agencies as provocateurs who aim to cause disturbances and sew public disorder. For this reason, security forces intervened in a responsible and disciplined manner, causing all of the protestors to disperse in different directions. The complaint is baseless and aims at impeding the police from confronting those who seek to disrupt public order. Therefore, the public prosecution office decided to dismiss the complaint for lack of evidence and has informed the plaintiff of its decision.

Plaintiff: Mohamed Boutabâa

Date and number of complaints: May 31, 2006, ?06/123 and December 20, 2006, 06/129

Against: Aziz "et-Touheimeh", senior officer

Subject of complaint: Alleges he was subject to attempted murder by a police car on May 17, 2006 in the Maâtallah neighborhood.

Measures taken: Judicial authorities investigated these two complaints and determined them to be specious complaints that aim to prevent public agents from fulfilling their responsibilities to maintain public order. For this reason the public prosecutor decided to close the case for lack of evidence. The plaintiff was informed of the decision on this matter.

Plaintiff: Omar el-Chtouki

Date and number of complaint: February 21, 2007, 07/35

Against: Aziz "el-Touheimeh", senior officer, Mustapha Kamour, patrolman

Subject of complaint: Allegedly abducted, arrested and subjected to beatings, insults and verbal abuse from the party that abducted him.

Measures taken: An investigation into this matter determined that the plaintiff's claim is baseless. He claims to have been on Idris I Street, which is known to be a busy thoroughfare, where there obviously would have been eyewitnesses to the incident. Furthermore, his name does not appear on the official register of those being held in garde à vue detention, and his claim is not supported by witnesses, all of which prompted the public prosecutor to close the case for a lack of evidence. The plaintiff has been notified of this decision.

Plaintiff: El-Ghalia Djimi

Date and number of complaint: December 11, 2006, 06/122

Against: Police Chief Ichi abou el-Hassan

Subject of complaint: The party cited in the complaint allegedly beat and insulted the plaintiff during her participation in a peaceful sit-in by members of a human rights association in front of the Nakjir Hotel on the occasion of International Human Rights Day.

Measures taken: The judicial inquiry into this subject determined that it concerns an unauthorized sit-in that could constitute a threat to public order and security because its organizers are known to the security agencies as provocateurs who aim to cause disturbances and sew public disorder. For this reason, security forces intervened in a responsible and disciplined manner, causing all of the protestors to disperse in different directions. The complaint is baseless and aims at impeding the police from confronting those who seek to disrupt public order. The public prosecution office decided to dismiss the complaint for lack of evidence and has informed the plaintiff of its decision.

Plaintiff: Hassan Duihi

Number of complaint: 07/94 (no date listed)

Against: "Al-Wahhabi", a traffic police officer, and Abdelaziz Allouache [Note: Duihi and the other complainants give his name as Annouche instead of Allouache] "Et-Touheimeh", senior officer

Subject of complaint: The plaintiff contends that his car was seized and that he was arrested and forced to sign a statement that he was not permitted to read.

Measures taken: A thorough investigation into the matter determined that the plaintiff is a reckless driver who continually attracts the attention of traffic officers for committing traffic infractions. Legal statements were filed and his car was impounded in the municipal pound, as befits the type of infraction committed by the plaintiff.

With respect to his arrest, this complaint has no factual or legal basis. The prosecutor decided to dismiss it due to a lack of evidence. The plaintiff was notified of this decision.

Note: The Moroccan Wall of Shame in Western Sahara
From: http://www.blacklooks.org/category/western_sahara

Article Source: http://www.afroarticles.com/article-dashboard

About The Author: Dr. Muhammad Shamsaddin Megalommatis - is Orientalist, Assyriologist, Egyptologist, Iranologist, Islamologist, Historian and Political Scientist. Dr. Megalommatis, 52, is the author of 12 books, dozens of scholarly articles, hundreds of encyclopedia entries, and thousands of articles. He speaks, reads and writes more than 15, modern and ancient, languages.

| View Profile & All Articles By: Muhammad Shamsaddin Megalommatis |

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