As regards the political commitments entered into by the Parliament
of Morocco upon requesting partner for democracy status, the Assembly:
5.1 regrets that no tangible progress
has been achieved with regard to the death penalty. While a de facto moratorium on executions
has been in place since 1993, courts in Morocco continue to hand
down death penalty sentences. The Assembly reiterates its call for
the Moroccan Parliament to abolish the death penalty in law, and,
pending abolition, to declare a de jure moratorium
on executions;
5.2 notes that the Moroccan partner for democracy delegation
has organised, and participated in, a series of activities aimed
at making the Assembly’s experience, and the expertise of the European Commission
for Democracy through Law (Venice Commission), available to members
of the Moroccan Parliament in order to help them in their legislative
work. At the same time, the Assembly calls on the parliament to
make use more broadly and regularly of this opportunity and to involve
more of its members in joint activities;
5.3 calls on the competent Moroccan authorities to undertake
steps, in close co-operation with the Venice Commission, with a
view to improving electoral legislation and, more generally, the
electoral process as a whole, before the next parliamentary elections
due in 2016. Furthermore, the Assembly expects to be invited to
observe these and any future parliamentary elections;
5.4 notes that, in the framework of the implementation of
the Moroccan Government Equality Plan 2012-2016, the Council of
Europe offered expertise and assistance in the preparation of the
draft law establishing the Authority for Gender Equality and the
Fight against all Forms of Discrimination (APALD) provided for in
the 2011 Constitution. It calls on the Moroccan authorities to give
more priority to action to fight against all forms of discrimination
against women and to ensure that women are duly represented at all
levels of power and society;
5.5 reiterates the call for the Moroccan authorities to initiate
a public debate on abolishing polygamy and reforming legislation
on inheritance rights with a view to ensuring equal rights for women
and men;
5.6 welcomes the fact that Morocco has acceded to, or signed,
nine Council of Europe conventions, and participates in seven partial
agreements, thus contributing to the creation of a common legal
area between Europe and Morocco. The Assembly reiterates its call
to the Moroccan authorities to consider accession to the European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (ETS No. 126), the Council of Europe Convention on
Action against Trafficking in Human Beings (CETS No. 197) and the
Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (CETS No. 210);
5.7 welcomes the abolition of Article 475 of the Criminal
Code and calls on the Moroccan authorities to adopt and implement
comprehensive legislation to prevent violence against women, protect
victims and prosecute perpetrators;
5.8 welcomes once again the active contribution of the Moroccan
parliamentary delegation to the work of the Assembly and its committees,
which provides opportunities to keep the Assembly informed about
the political developments in their country in the light of the
values upheld by the Council of Europe;
5.9 encourages the parliament to play fully its role as a
cornerstone of democracy by intensifying legislative work on the
reform agenda, including in the areas referred to in
Resolution 1818 (2011).
It welcomes the efforts made by the parliament to associate more
actively the National Council on Human Rights, expert communities
and non-governmental organisations with the law-making process,
and calls on it to extend this practice so as to make their voices
better heard. It further calls on the parliament to ensure full
and effective respect for the right of association and freedom of
expression of civil society organisations;
5.10 encourages the Moroccan authorities to respect freedom
of religion in accordance with paragraph 18 of the Universal Declaration
of Human Rights which provides that “[e]veryone has the right to
freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone
or in community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and observance”;
5.11 calls on the Moroccan authorities to take the necessary
steps to remove the criminalisation of adultery and homosexuality
from the Criminal Code;
5.12 remains concerned about the insufficient progress on the
issues of concern mentioned in paragraph 9 of
Resolution 1942 (2013), such as
the use of torture, inhuman or degrading treatment, poor conditions
of detention, violations of the freedom of expression, the independence
of the media, and the freedoms of association and of peaceful assembly;
5.13 recalls the general political commitment of the parliament
to the core values of the rule of law and respect for human rights
and fundamental freedoms as it stems from the partnership, and urges
it to step up efforts to address issues of concern in these areas,
as well as other issues reported by the United Nations, civil society
and the media.
