KINGDOM OF MOROCCO Implementing CEDAW Third and Fourth

KINGDOM OF MOROCCO Implementing CEDAW Third and Fourth Periodic Reports Presented by Mrs. Nouzha SKALLI Minister for Social Development, the Family and Solidarity Geneva, Thursday 24 January 2008

I am pleased to present Morocco’s report to the CEDAW Expert Committee Eleven years after having presented a parallel report to Morocco’s initial report on behalf of NGOs

Back then, the promotion of women's rights seemed to us to be quite an arduous task

Women's rights were simply ignored ● The personal status law maintained women under guardianship ● Women’s representation was almost nonexistent 0. 34 percent in communes 0. 66 percent in Parliament, and no woman ever held a ministerial position, was Secretary of State, or even Secretary-General, or president of a commune!

What about the situation today? ● In accordance with the provisions of article 18 of the Convention on the Elimination of all Forms of Discrimination against Women, Morocco presents the 3 rd and 4 th periodic reports in a single document, in keeping with the recommendations made by the Committee during examination of the second periodic report (CEDAW/CMOR/2) at its 627 th and 628 th sessions on 15 July 2003 (CEDAW/C/SR 627 and 628). ● The Moroccan Government noted with satisfaction the positive elements underlined by the Committee on the elimination of discrimination against women. It has taken into consideration the suggestions and recommendations made by the Committee (CEDAW/C/SR 627 and 628). ● This report will shed light on what has been done in connection with the recommendations and concerns expressed by the Committee and will recall the measures taken with a view to implementing the Convention since the presentation of the second report.

Report Methodology ● Participatory approach involving : Government officials who are here with us today, NGOs, international cooperation and United Nations’ Specialized Agencies. ● Information and sensitization Information and awareness raising sessions: First public presentation in May 2006 before postponement of the examination date Presentation to the members of the Houses of Parliament on 8 January 2008 Presentation, on 9 January 2008 in Rabat, to the NGOs which had prepared the parallel report Presentation to the media and to public opinion on 18 January 2008 in Casablanca

Action Plan • Political context 1. Institutional reforms and political commitment 2. Governemental mechanism in charge of women’s conditions • CEDAW implementation status • Addressing the question of reservations • Legislative and political reforms • Institutionalization of gender-based approach • Challenges and perspectives

Political context 1. Institutional reforms and political commitment 1. Governmental mechanism in charge of women’s conditions

Consolidation of Reforms : Human Rights and Women’s Rights ● Restructuring the Advisory Council on Human Rights (C. C. D. H) in accordance with the Treaty of Paris on national institutions ● Justice and Reconciliation Commission (IER), with a gender-sensitive approach ● Commitment to implement MDGs (2005 gender sensitive national Report) ● Initiating the process of lifting reservations and signing the optional protocols to conventions (International Covenant on Civil and Political Rights, Convention on the Rights of the Child, CEDAW)

Launching the National Initiative for Human Development (INDH) ● King Mohammed VI launched the National Initiative for Human Development on 18 may 2005 ● The initiative is designed to put an end to regional and gender disparities in terms of economic, social and cultural rights (ESCR) ● Participatory approach and social mobilization at local level

Clear political commitment ● Appointment of 7 women ministers in the current cabinet - including 5 full ministers - for the first time in Morocco ● Reaffirming, through the Government statement of policy on taking office, Morocco’s pledge to adopt an integrated, multisectoral plan for mainstreaming a gender perspective ● Commitment by the government to fight all forms of discrimination and types of violence against women ● Pledge to improve women’s representation in elected institutions in a bid to achieve parity

Governmental Mechanism in charge of Women’s Conditions ● The Ministry for Social Development, the Family and Solidarity is the institution in charge of promoting women’s conditions, supporting and enhancing their legal status, ensuring their full participation in development, and protecting them against various forms of violence and discrimination ● The Ministry acts like a social hub involving the National Solidarity Agency, the Social Development Agency (ADS) and the National Institute for Social Action (INAS)

III. Implementation Status of CEDAW Provisions and of Recommendations 1. Addressing reservations to CEDAW 2. Legislative and political reforms Legislative reforms Participation in political and public life Fighting stereotypes Institutionalizing a gender-sensitive approach 3. Economic and social rights 4. Fighting gender-based violence

1 - Addressing Reservations to CEDAW In March 2006, the Moroccan government expressed its intention to review the reservations it had entered during the Convention’s ratification, and to join the Optional Protocol to CEDAW. ● The Inter-ministerial Commission on civil liberties and human rights was set up under the chairmanship of the Prime Minister; it tasked an inter-departmental technical committee with follow -up. ● Some reservations and declarations have been withdrawn. Other reservations have been replaced with interpretative declarations. ● Adherence to OP-CEDAW and question of reservation was examined in the last cabinet meeting, and steady progress has been made in terms of implementing procedures to join the protocol. The following table indicates the progress made with respect to lifting the reservations

Initial Reservations and Declarations Entered by Morocco in 1993 Reservations : ● Article 9 – paragraph 2 ● Article 16 ● Article 29 Declarations. ● Article 2 ● Article 15 - paragraph 4

Articles about which reservations have been lifted or for which a declaration has replaced a reservation

Articles for which reservations have been lifted or for which a reservation has been replaced by a declaration

Legislative Reforms and Policies since the Examination of the last report in July 2003 Many reforms were carried out and consolidated, new vast projects were started in the area of protection and promotion of human rights in general, and basic human rights for women and young girls, in particular. ● Thanks to the dynamism and pugnacity of the movement for women's rights; ● Thanks to the modernist vision and strong political will of His Majesty the King; and ● Thanks also to the support of international partners, especially those of the United Nations system

2 - Legislative and Political Reforms ● Legislative reforms ● Starting the integration of the gender perspective in public policies: gendersensitive budgeting ● Women’s access to decision-making positions ● Struggle against gender-based violence ● Education and gender equality

Legislative reforms New Family Law ● Based on equality and shared responsibility ● Abrogation of the guardianship obligation ● Gender equality in terms of legal age for marriage, uniformly set at 18 years ● Judicial divorce under legal supervision ● Women now automatically gain access to divorce on grounds of « discord »

Protection for the wife and children in case of dispute Article 121: Provisional measures in case of litigation between spouses

This major reform has been seen as a peaceful revolution benefiting women, children and gender equality in general

Following the Enforcement of the Family Law ● Mentalities and social practices do not change overnight ● The law contributes to a change of attitudes ● Conclusion: the era of arbitrary action against women is over! The path to negotiation is open.

Measures to accompany this important reform ● A participatory assessment is carried out each year by the Ministry of Justice ● Training and a guide-book are at the disposal of judges ● Family courts set up within tribunals ● Women accede to the position of family court judges

Other Legislative Reforms ● Penal Code : Suppression of discriminatory measures against women ● Code of Criminal Procedure : Better safeguards for the protection of human rights ● Labor Law: Gender equality in terms of job opportunities; penalization of sexual harassment

2007 : Reform of the Nationality Act Article 6: Women may now pass on their nationality of origin to their children born to a foreign father

Pursuing Efforts to Consolidate Human Rights and Gender Equality ● The efforts made by Morocco to honour its international obligations are continuing in a bid to harmonize national legislation with the stipulations of international human rights instruments ratified by Morocco. ● Various policies and sepcific measures are undertaken to combat discrimination against women. ● However, one has to admit that although gender equality is clearly established in legal texts, a culture of discrimination against women still persists

Persisting Constraints and Challenges ● Mentalities and soci-cultural resistance attitudes still hinder the implementation of principles of equality and justice ● Weak information among women, especially in rural settings ● Inadequate infrastructure (family courts) ● Deficiencies in terms of support networks for women who are victims of violence ● Inadequate information about, and sensitization to the culture of gender equality ● Insufficient role of the media in combating stereotypes

Women’s Participation in Political and Public Life ● 2002 : Women accede to the House of Representatives through the national list : 10. 8% of MPs ● Appointment of women in various decision-making positions ● Appointment in 2007 of 7 women in the current cabinet, a first in the country ● However, no affirmative action measure has been institutionalized

Fighting Stereotypes and Promoting Education on Equality ● Guidelines of the National Education and Training Charter in 2002 : Measures undertaken by the Government: Integration of gender equality and equal opportunity in the strategic framework of the education system Education policy introduced the notion of equality in specifications for the preparation of textbooks Setting up textbook review commissions in light of human rights principles. Preparation of the Charter for improving the image of women through the media, and signature of the said Charter by all actors concerned in presence of the Prime Minister

Institutionalizing the Gender Perspective in Public Policies ● Gender-responsive budgeting ● National strategy for equality and justice

Gender-responsive budgeting ● The planning, programming and gender-responsive budgeting (GRB) process started in December 2002 ● Enhancing budgetary performance: Generalizing the new, result-oriented budgetary approach ● Public policy formulation, implementation and assessment take into account the differentiated interests of women, girls and boys ● A guidebook on budgetary reform has ben prepared by the Finance Ministry in collaboration with UNIFEM, and has been placed at the disposal of MPs ● For the third consecutive year, a gender report has been published by the Finance Ministry; it assesses the efficiency of public policies and the promotion of justice through budgetary allocations

National strategy for equality and justice Preparation of the national strategy for gender equality and justice through mainstreaming of the gender perspective in development programs and policies; adoption of the Strategy by the Moroccan Government on 19 may 2006. Broad-based consultations: Collaboration and participation of various ministries, NGOs, political parties, Parliament, private sector. . .

Gender Institutionalization ● Production of gender-related statistics ● Consolidation of gender focal points ● Undertaking a gender analyse/audit at the level of three institutional departments and preparation of action plans for the implementation of the gender strategy: Ministry for Social Development, the Family and Solidarity. Ministry of Communication. Ministry for the Modernization of Public Sectors

PERSPECTIVES : Institutionalization of Gender ● ● Strengthen the Ministry’s role of coordination, stimulation and orientation Develop an operational plan for the strategy ● Set up a Higher Council for Women : We’ve already started thinking about this subject ● Give impetus to the Gender Cooperation Committee set up in June 2007 with international partners with a view to harmonize equality-oriented actions, by referring to the gender strategy

Elimination of Violence Against Women National Strategy for the Elimination of Violence Against Women in 2002 Operation Plan for the National Strategy on the Elimination of Violence Against Women in 2004

Fighting Violence Against Women ● Nationwide Helpline (Numéro vert national) (080008888) to service women victims of violence ● Set up a standardized information system with different institutional stakeholders ● A bill on the elimination of violence against women is on track ● A tripartite steering committee : Ministries/NGOs/Experts currently working on the establishment of an National Observatory on violence against women ● Expanding listening, legal and psychological counselling centres for women victims of violence by the Government and NGOs ● Since 2005, reception units are being set up within courts of first instance for women victims of violence ● Two reception units for women victims of violence at the university medical centres in Rabat and Casablanca ● Designation of a gender focal point within the Judicial Police Directorate, under the authority of the General Directorate of National Security

First Nation wide Campaign in 1998. 2004 2005 2006

5 th Nation wide Campaign of Fighting Violence Against Women in 2007

Perspectives for the Elimination of Violence against Women ● A National Survey to improve knowledge on the prevalence of gender-based violence ● Legislation : A bill on the elimination of violence against women on track ● Amendment of discriminatory provisions contained in the penal code ● Institutionalization of the National Observatory on violence against women ● Home care centres to host women victims of violence ● Care centres for abuse perpetrators ● Territorialization of listening and reception facilities for women in partnership with different stakeholders ● Dissemination of the culture of equality and raising awareness to thwart tolerance of violence against women

Economic, Social and Cultural Rights Equality in education The right to employment and work Fighting child labour Access to health care services

Education Net progress of schoolgirls enrolment between 1999 and 2005 ● At the preschooling level ● Primary schooling: nationally, the rate of enrolled children has moved from 74, 2% in 1999 -2000 to 90, 08% in 2005 ● 95, 69% of girls enrolled in urban areas and 84, 25% in rural areas. ● Junior and senior secondary enrolment: a forward-looking policy is carried out through building of ‘Dar attaliba’ (boarding houses for girls) everywhere in the country to fight school wastage among girls However, shortages persist, namely: School wastage rates Urban/Rural and Girls/Boys disparities Illiteracy

The Right to Employment and Work ● Important legislative improvements ● Significant progress has been recorded in the protection of women’s labour rights ● Statement of policy on non-discrimination, namely genderbased discrimination, within the amended labour legislation ● Some constraints are limiting the impact of such improvements ● Gaps in current legislation (e. g. domestic labour) ● Difficulties and obstacles in enforcement

Fighting Child Labour ● Child labour has globally decreased thanks to raising awareness action carried out by a large number of stakeholders, ● However, child labour is persisting, particularly among girls who are hired as domestic workers ● These young girls are victims of economic exploitation and sometimes of sexual abuse and violence A thorough and integrated policy has been put in as part of the PANE 2006 -2015 “A Morocco Fit for its Children” Pour mettre fin à ce fléau et permettre aux enfants deux sexes de vivre une vie saine

Employment : Innovative Initiatives that Need to be engendered! ● Encouraging youths to create their own businesses, ● Supporting training and integration of young university graduates in their active life, ● Introducing new instruments for rationalizing the functioning of the job market and modernizing labour legislation ● Such innovative initiatives need to be engendered so as to benefit girls and boys on an equal footing

Access to Health Care Services ● In the area of reproductive health, several national programmes have been adopted ● However, the rate of maternal mortality is still an alarming plague that needs to be urgently addressed!

So far, we have climbed quite a number of steps. But there are still many other steps to climb, to achieve equality between men and women

Women’s conditions in Morocco: a half-empty or a half-full glass But this glass is being filled

Challenges & Perspectives An action plan, based on an integrated equitable and egalitarian gender vision, is on the agenda and will be implemented through: ● ● ● Institutionalizing equality and implementing forward-looking public policies in favour of equality Pursuing mainstreaming of the gender perspective into policies and budgets Continuing to lift reservations to the CEDAW Convention and acceding to its Optional Protocol Pursuing legislative reforms so as to eliminate all forms of gender-based discrimination Adopting specific provisional measures designed to achieve gender equity and reduce gaps between men and women in all areas and more particularly in political participation and decision making Implementing actions aimed at promoting the culture of equality and combating stereotypes.