WorldLII Home | Databases | WorldLII | Search | Feedback

United Nations Committee on the Rights of the Child - States Parties Reports

You are here:  WorldLII >> Databases >> United Nations Committee on the Rights of the Child - States Parties Reports >> 2005 >> [2005] UNCRCSPR 20

Database Search | Name Search | Recent Documents | Noteup | LawCite | Download | Help

Morocco - Consideration of reports submitted by States parties under Article 12(1) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography: Initial reports of States parties due in 2004 [2005] UNCRCSPR 20; CRC/C/OPSA/MAR/1 (15 July 2005)

UNITED
NATIONS

CRC
G054282100.jpg
Convention on the
Rights of the Child
Distr.
GENERAL
CRC/C/OPSA/MAR/1
15 July 2005
ENGLISH
Original: FRENCH


COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 12 (1) OF THE OPTIONAL PROTOCOL TO THE
CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

Initial reports of States parties due in 2004* **

MOROCCO

[28 June 2004]


* The annexes referred to in the report are available for consultation at the Office of the High Commissioner for Human Rights.
** This report has not been edited before being submitted for translation.

GE.0542821 (E) 280905

CONTENTS

Page

Introduction 3

I. PROHIBITION OF THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY 5

II. CRIMINAL PROCEDURE 8

III. PROTECTION OF THE RIGHTS OF CHILD VICTIMS 11

IV. PREVENTION OF THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY 16

V. INTERNATIONAL ASSISTANCE AND COOPERATION 23

VI. OTHER LEGAL PROVISIONS 28

Introduction

1. Pursuant to article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child, the Kingdom of Morocco is submitting its initial report.

2. The report was prepared in accordance with the guidelines regarding initial reports (CRC/OP/SA/1), adopted by the Committee on the Rights of the Child at its twentyninth session.

3. Like the initial and periodic reports prepared by Morocco in implementation of the international human rights instruments it has ratified, the initial report on implementation of the Optional Protocol embodies information collected from ministerial departments and nongovernmental organizations involved with the rights of the child.

4. In addition, the conclusions and recommendations of the Children’s Parliament on efforts to combat illtreatment have been included in the present report.

5. The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography was published in the Official Gazette in 2004 (No. 5192 of 4 March 2004).

6. Publication of the Optional Protocol in the Official Gazette rendered it applicable before the national courts.

7. Thus, the Supreme Court stated that in the event of conflict between internal law and the provisions of international conventions priority is accorded international instruments, provided that these instruments have been published in the Official Gazette (Decision No. 49 of 1 October 1976; Decision No. 5 of 3 November 1972; Decision No. 162 of 3 August 1976).

8. Further, it should be noted that the preamble to the Moroccan Constitution provides that the Kingdom “subscribes to the principles, rights and obligations set forth in the charters of international organizations and reaffirms its commitment to human rights, as universally recognized”. Thus, international instruments duly ratified by Morocco and published in the Official Gazette may be applied internally and are often incorporated into internal law through the harmonization of national legislation with the provisions of international conventions. Consequently the acts referred to in the Protocol have been incorporated into Moroccan criminal law.

9. As discussed in the initial (CRC/C/28/Add.1) and second (CRC/C/93/Add.3) periodic reports, a number of institutions are responsible in Morocco for implementation of the Convention on the Rights of the Child and for ensuring implementation of the Optional Protocol.

10. Thus, followup to implementation of the Optional Protocol and the preparation of reports for monitoring bodies are the responsibility of the Ministry of Human Rights, pursuant to Decree No. 29433 on the functions and organization of the Ministry; the Decree entrusts the Ministry with ensuring coordination with the departments responsible for following up implementation of international human rights conventions.

11. In addition, the Government that emerged from the 2002 elections has been strengthened by a Ministry of State for the Family, Solidarity and Social Action, entrusted with coordinating the formulation and implementation of national policy on children.

12. In 2002 and 2003 the Ministry of State for the Family, Solidarity and Social Action organized a series of meetings of departments operating directly or indirectly with children, as well as civil society institutions active in the field, on the formulation of a comprehensive policy on children, including a children’s code.

13. In addition to the framework for followup to Stockholm and the preparations for the Yokohama Congress, the Ministry of State coordinated preparations for and the holding of a regional ArabAfrican forum in Morocco in October 2001, with the aim of assessing progress in these countries in implementing the Declaration and Agenda for Action adopted at Stockholm in 1996, and of identifying priorities and regional strategies to prevent and combat the sexual exploitation of children. The meeting ended with the adoption of the Rabat Declaration, under which the countries present undertook to formulate and implement action plans to prevent and eradicate such exploitation.

14. In a further contribution to the efforts of the international community against trafficking in children, child prostitution and child pornography, in December 2001 Morocco took part in the Yokohama World Congress against Commercial Sexual Exploitation of Children, which adopted the Yokohama Declaration and action plan. Morocco undertook to act as the focal point for the ArabAfrican region for followup to Yokohama. Similarly, the Ministry of State for the Family, Solidarity and Social Action is coordinating the formulation of a comprehensive integrated national action plan to combat all forms of sexual exploitation of children. The action plan is based on the following approaches: prevention, protection, rehabilitation and reintegration, and the expansion of opportunities for partnership, with particular focus on the private sector and the media.

15. Further, the Moroccan Government, in cooperation with the United Nations Children’s Fund (UNICEF), was involved in the preparations for the second ArabAfrican congress against the sexual exploitation of children, to be held in December 2004.

16. The National Observatory on the Rights of the Child, established in 1994, and the National Congress on the Rights of the Child, made a permanent institution by His Late Majesty King Hassan II, with the role of following up on implementation of the Convention on the Rights of the Child, evaluating progress and mobilizing resources to attain the objectives of the Convention, constitute instruments for the regular followup of implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

17. On 25 May each year, on the occasion of the national children’s rights day, the National Observatory organizes the National Congress on the Rights of the Child. The Congress considers and evaluates progress in the various areas covered by the Convention on the Rights of the Child. Debate at each session is focused on a particular theme, and the Congress makes recommendations to the Government, which is responsible for translating them into policy and national action plans.

18. In this connection it should be noted that the National Congress devoted one session to the illtreatment and exploitation of children.

19. The message addressed by His Majesty King Mohammed VI on this occasion stated: “We were gratified to learn that maltreatment and exploitation of children will be one of the items to be discussed at this important session, pursuant to recommendations of child parliamentarians. Indeed, this is a serious phenomenon and it commands the utmost attention of official and interested parties.”

20. The Optional Protocol is an instrument complementing the Convention on the Rights of the Child and strengthening its components on efforts to combat trafficking in children, child prostitution and child pornography. It is implemented in accordance with the general principles of the Convention on the Rights of the Child, namely nondiscrimination, protection of the best interests of the child, protection of the right to life and development, and guarantee of respect for the child’s views.

21. Dissemination of the provisions of the Optional Protocol has taken the form of the organization of a number of training sessions for those working with or on behalf of children, including teachers, judges, social workers, group leaders and educators working with young people.

22. The main difficulties relating to implementation of the provisions of the Convention concern inadequate funding for departments responsible for coordinating and ensuring the effectiveness of measures taken at the national level, in particular the training of those working with children.

I. PROHIBITION OF THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY

Articles 1 and 2

Prohibition and definition of acts criminalized under the Optional Protocol

23. Moroccan criminal legislation penalizes trafficking in children, child prostitution and child pornography. This is in accordance with the provisions of the Convention.

24. The national definition of acts criminalized under the Protocol is in consonance with article 2 of the Protocol.

25. Section 7 of chapter VIII of the Criminal Code deals with the corruption of young people and prostitution; it penalizes the offences of inciting, encouraging or facilitating the corruption or prostitution of minors.

26. The Criminal Code penalizes and punishes the actions of abetting, assisting or protecting the prostitution of others, sharing in the proceeds of the prostitution of others or procuring others for the purposes of prostitution, or employing, maintaining or inciting a minor or adult, even with his or her consent, to engage in prostitution, or acting as an intermediary in any form in such acts, by a term of imprisonment of one to five years and a fine of 5,000 to 1 million dirhams (article 498 of the Criminal Code, amended by Act No. 2403 on reform of the Criminal Code).

27. Under article 499 of the Criminal Code, if the offence is committed against a minor who is under 18 years of age, against a person in difficult circumstances owing to age, illness, a handicap, a physical or psychological disability, or because of pregnancy in the case of a woman; if the offence is committed by several persons; if it is accompanied by use of force, abuse of authority or fraud, or involves the use of photographic material; or if the offence is committed by one of the spouses or a person who has authority over the child or by a person whose duties relate to efforts to combat prostitution or the protection of health or youth or the maintenance of public order; or if the offence is committed through the use of mail sent to a limited or unlimited number of persons, the penalty is increased from 2 to 10 years’ imprisonment and a fine of 10,000 to 2 million dirhams.

28. The above penalties apply even where elements of the criminal acts were committed outside Morocco (Criminal Code, art. 500).

29. Penalties of 4 to 10 years’ imprisonment and a fine of 5,000 to 2 million dirhams are applied to anyone who directly or through an intermediary commits any of the following offences: ownership, management or operation or administration, or financing or participation in the financing, of premises or establishments regularly used for prostitution and sexual immorality; anyone who is owner of or responsible for the management, operation or administration, or financing or participation in the financing, of an establishment used by the public, if he or she accepts that one or more persons engage in prostitution within the establishments or its buildings, or accepts the solicitation of customers for the purposes of prostitution, or permits or encourages sex tourism. The same penalties apply to anyone who makes available to one or more persons premises not used by the public, knowing that they will be used for prostitution and sexual immorality. The same penalty applies to accomplices. In addition, they may have their operating licence withdrawn and are subject to the temporary or permanent closure of the establishment (Criminal Code, art. 501).

30. Moroccan criminal legislation penalizes pornography involving children, providing for one to five years’ imprisonment and a fine of 10,000 to 1 million dirhams for anyone who incites, encourages or facilitates pornography involving children under 18 depicting any sexual activity whatsoever, irrespective of the medium, or who photographs the sexual organs of children. The same penalty is applied to anyone who engages in the production, distribution, dissemination, exportation, importation, display, sale or possession of pornographic material. Such acts are criminalized even if committed outside the country.

31. The penalty is doubled if the guilty parties are close relatives of the child, or are responsible for or have authority over the child.

32. The judgement must also order confiscation and destruction of the pornographic material and may also order publication of the judgement. In addition the operating licence may be withdrawn and the premises temporarily or permanently closed (Criminal Code, art. 503.2).

33. In the case of all the previous violations, the age of the child, where very young, and the relationship of the guilty parties to the child, constitute aggravating circumstances.

34. In all cases those guilty of the above offences may, in addition, be subject to a minimum of 5 years’ and a maximum of 10 years’ suspension of one or more of the rights referred to in article 40 of the Criminal Code (civic, civil or family rights).

35. Similarly, the Criminal Code provides that an ascendant relative guilty of a violation on the person of his or her child may be stripped of parental authority. The forfeiture shall be pronounced by the court trying the violation committed by the ascendant relative on the person of the child, pursuant to the provisions of article 88 of the Criminal Code. The forfeiture of parental authority may relate to some or all of the rights inherent in such authority, and to one or more children; provisional application of forfeiture may be ordered in the judgement, notwithstanding the submission of any ordinary appeal.

Article 3, paragraph 1

Criminalization of acts covered by the Protocol

36. With regard to the sale of children, article 467, paragraph 1, of the Criminal Code provides for a punishment of 2 to 10 years and a fine of 5,000 to 2 million dirhams for any person who sells or buys a child under 18.

37. The sexual exploitation of children is severely punished under the Criminal Code (see above, articles 497504). Article 499, paragraph 1, penalizes such acts by a term of imprisonment of 10 to 20 years and a fine of 100,000 to 3 million dirhams when committed by an organized group.

38. Article 499, paragraph 2, of the Criminal Code provides for life imprisonment for such acts when committed with torture or acts of barbarity.

39. Article 501, paragraph 1, of the Criminal Code provides that where the author of the violations referred to in articles 497 to 503 on the corruption of young people and prostitution is a legal person a fine of 100,000 to 3 million dirhams, accessory penalties and the protective measures provided for in article 127 of the Criminal Code shall be applicable.

40. Forced labour is prohibited under Moroccan legislation. Article 467 of the Criminal Code defines forced labour by children as forcing a child to perform work prohibited by law or work that is harmful to the health, safety, morality, development or education of the child.

41. Attempted commission of such an offence is punishable by the same penalties.

42. With regard to adoption, it should be noted that Moroccan law does not recognize the institution of adoption; instead there is, under Muslim law, the institution of kafalah, or the legal foster placement of the child, recognized by the Convention on the Rights of the Child.

43. The Royal Decree of 10 September 1993 establishing the Act on the protection of abandoned children was amended by Act No. 0115 adopted in 2002, complying with the provisions of article 3, paragraph 5, of the Optional Protocol, which makes States parties responsible for taking all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments.

44. The Act on the kafalah of abandoned children contains a number of provisions to protect children, beginning with the obligation to report any abandoned child to the legal authorities responsible for taking the necessary measures to place the child in a duly regulated institution or centre.

45. Proceedings concerning abandoned children are conducted by the court; the court will make extensive enquiries before declaring a child abandoned and considering the possibility of legal placement of the child with persons or institutions meeting the conditions established in article 9 of Act No. 0115. The child will be placed in accordance with the provisions of articles 18, 19 and 20 of the Act on kafalah. A judgement providing for kafalah is recorded in the civil register, in accordance with the provisions of article 21 of the same Act.

46. It should be noted that the age limit for consideration as a child is 18 years for all the violations referred to above relating to the sale of children, child prostitution, child pornography and forced labour.

II. CRIMINAL PROCEDURE

Article 4: Jurisdiction

47. Courts in the Kingdom of Morocco are competent to try all offences committed on Moroccan territory, irrespective of the nationality of the author.

48. Any offence of which any constituent element was performed in Morocco is deemed to have been committed on Moroccan territory. The competence of Moroccan courts to try the principal facts extends to all elements relating to complicity or concealment, even if perpetrated outside the country and by aliens (Code of Criminal Procedure, art. 704). This category includes crimes and offences committed on the high seas on board vessels sailing under the Moroccan flag, irrespective of the nationality of the authors; crimes and offences committed in a Moroccan port on board a foreign merchant vessel; and crimes and offences committed on board Moroccan aircraft, irrespective of the nationality of the author of the violation, and on board foreign aircraft if the author or victim is Moroccan or if the aircraft lands in Morocco following the commission of a crime or offence (Code of Criminal Procedure, arts. 705706).

49. Further, any Moroccan who, outside Moroccan territory, is guilty as an author, coauthor or accomplice of an act constituting a crime under Moroccan law may be prosecuted and tried in Morocco (Code of Criminal Procedure, art. 707).

50. Similarly, any act constituting an offence under Moroccan law or the legislation of the country in which it is committed may be prosecuted and tried in Morocco where the author is Moroccan (Code of Criminal Procedure, art. 708).

51. Moroccan legislation provides that any foreigner who, outside Moroccan territory, is guilty of a crime under Moroccan law, either as author, coauthor or accomplice, may be prosecuted and tried in accordance with the provisions of Moroccan law where the victim of the crime possesses Moroccan nationality (Code of Criminal Procedure, art. 710).

52. Article 5: Extradition

53. The acts criminalized under the Optional Protocol on the sale of children, child prostitution and child pornography are subject to the general rules governing extradition under articles 718 to 745 of the Code of Criminal Procedure, wherever the conditions and procedural requirements laid down in the legislation are met. The bilateral mutual judicial assistance agreements concluded by Morocco and the international conventions ratified by Morocco apply.

54. The following acts may give rise to extradition, whether for the purposes of requesting or granting extradition:

(a) All acts punishable by criminal penalties under the law of the requesting State;

(b) Acts punishable by criminal penalties involving imprisonment under the law of the requesting State, when the maximum penalty under the law is a minimum of one year, or in the case of a convicted person, when the penalty imposed by a court in the requesting State is equal to or greater than four months.

55. In no circumstances will the Moroccan State grant extradition if the acts giving rise to prosecution are not punishable by a criminal penalty under Moroccan law.

56. Acts constituting attempted commission of complicity in an offence are subject to the above rules provided that they are punishable under the legislation of the requesting State and of Morocco.

57. Extradition is granted only if the violation is committed:

(a) On the territory of the requesting State by a national of that State or by an alien;

(b) Outside its territory by a national of that State;

(c) Outside its territory by a nonnational of Morocco, where the offence is included among those subject to proceedings in Morocco under Moroccan legislation, even when committed abroad by an alien.

58. Extradition is not granted when:

(a) The subject of the request is a Moroccan citizen;

(b) The violation in respect of which extradition is requested is considered by the Moroccan State to be a political or related offence;

(c) The crime or offence was committed on the territory of the Kingdom;

(d) The crimes or offences have been prosecuted and are the subject of a final judgement;

(e) Action by the State or the application of a penalty is timebarred prior to the request for extradition under Moroccan legislation or the legislation of the requesting State, and wherever action by the requesting State is timebarred or has lapsed.

59. Morocco has concluded a number of bilateral agreements on extradition with:

Belgium: Agreement concerning extradition and mutual judicial assistance in criminal matters of 27 February 1959;

Egypt: Agreement concerning judicial cooperation in criminal matters and extradition of 27 February 1979;

United Arab Emirates: Agreement concerning notifications, requests for judicial assistance, execution of judgements and extradition of 18 January 1978;

Spain: Agreement concerning extradition of 30 May 1997;

France: Agreement concerning reciprocal judicial assistance, grant of execution of judgements and extradition of 5 October 1957;

Gabon: Agreement concerning mutual judicial assistance, exchange of judicial information and mutual assistance in connection with judgements and extradition of 27 February 1989;

Italy: Agreement concerning mutual judicial assistance, grant of execution of judgements and extradition of 12 February 1971;

Libyan Arab Jamahiriya: Agreement concerning notifications, requests for judicial assistance, execution of judgements and extradition of 27 December 1962;

Mauritania: Agreement concerning judicial cooperation and extradition of 20 September 1972;

Senegal: Agreement concerning judicial cooperation, execution of judgements and extradition of 3 July 1967;

Tunisia: Agreement concerning judicial cooperation, execution of judgements and extradition of 9 December 1964;

Turkey: Agreement concerning mutual judicial assistance in criminal matters and extradition of 15 May 1989.

Lastly, it should be noted that the Kingdom of Morocco has neither addressed nor received any request for extradition in connection with crimes and offences covered by the Protocol.

Seizure and confiscation of goods and proceeds and closure of premises

60. In setting forth the range of national provisions and measures to prohibit the sale of children, child prostitution and child pornography, it has been emphasized that the judgements handed down in connection with crimes and offences under the Protocol order the seizure, confiscation and destruction of pornographic material and the temporary or permanent closure of premises (Criminal Code, arts. 501 and 503, para. 2).

III. PROTECTION OF THE RIGHTS OF CHILD VICTIMS

61. Ratification by Morocco of the Convention on the Rights of the Child and of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography was accompanied by the establishment of appropriate legal instruments and harmonization of the Code of Criminal Procedure and of the Criminal Code so as to ensure the protection of children, whether as victims or authors of violations.

62. In all cases the best interests of the child are the criterion applied to measures taken on behalf of children.

63. Innovations to the Code of Criminal Procedure embodying the best interests of the child include, in particular:

The creation of the institution of the juvenile judge in courts of first instance and the strengthening of the role of counsel for minors. The juvenile judge occupies a central place in the system of juvenile justice, and is competent to hear cases in which minors between 12 and 18 years of age have been charged with offences;

The creation of special judicial bodies for minors, presided over by juvenile judges, under article 485 of the Code of Criminal Procedure;

The creation, under article 19 of the Code of Criminal Procedure, of a special category of criminal investigation police officers to handle cases involving minors;

Increased protection for the minor through procedural measures embodying the best interests of the child, with the involvement of parents, guardians and all other trustworthy persons, in addition to institutions, publicinterest associations and specialized bodies working with children. The juvenile judge has the authority to decide whether to make a provisional placement for the child pending a final judgement.

64. The age of criminal responsibility is established at 18.

65. Minors under 12 years of age are considered not to have responsibility owing to lack of due discernment.

66. Criminal investigations may be opened even when the actual age of the minor has not been established. Under article 459 of the Code of Criminal Procedure, in the absence of any record from the civil register and if the date of birth is a matter of dispute, the court hearing the case must make an assessment of age on completion of a medical examination and any other relevant enquiries, and may, where appropriate, deliver a judgement or determine that it lacks jurisdiction.

67. Criminal proceedings take into account the vulnerability of minors.

68. Thus, with regard to the protection of minors under 18 who are the victims of crimes or offences, the Code of Criminal Procedure, in its article 510, grants juvenile judges and counsel for minors the authority, on application by the public prosecutor, or on their own initiative, but with the advisement of the public prosecutor, to decide in an order that the minor should, pending a final judgement finding that a crime or offence has been committed, be placed with a trustworthy individual, or with an institution, private charity or publicinterest association, or with a service or public institution providing assistance.

69. Such a decision shall be executed irrespective of any appeal.

70. In addition the public prosecutor, the juvenile judge and counsel for the minor may order the minor to undergo a medical, psychological or psychoanalytical examination in order to determine the nature and extent of the harm suffered by the child and see whether there is a need for treatment in view of the child’s current and anticipated state.

71. Compensation and material reparation for harm suffered by a child victim are subject to the general rules of law regarding assessment of such harm and reparation by the authors of crimes and offences perpetrated against the child.

72. The Moroccan system of juvenile justice takes into account the specific situation and the vulnerability of the child, with procedures that respect the dignity, privacy and views of the child.

73. Thus the investigation and proceedings are conducted and the judgement delivered in camera. The provisions of article 478 of the Code of Criminal Procedure provide that the minor must appear in person, assisted by his or her legal representative and counsel, unless the court provides otherwise in the interests of the child.

74. In addition, the only persons permitted to attend the investigation and proceedings are witnesses, close relatives, the guardian, the dative guardian, the person with custody of or caring for the child, the legal representative of the minor, members of the Bar, the person or institution responsible for providing assistance, probation officers and judges. At any time during the investigation and proceedings the president may order the complete or partial removal of the child pursuant to the provisions of article 479 of the Code of Criminal Procedure.

75. In accordance with the provisions of article 8, paragraph 1 (e), of the Optional Protocol, article 466 of the Code of Criminal Procedure prohibits the publication of any record of the hearings of juvenile courts in books, the press, on the radio, by means of photocopies, or in films or on television, or by any other means.

76. It also prohibits the publication by the same means of any text or sketch or illustration revealing the identity or concerning the personality of delinquent minors. The Code of Criminal Procedure provides that without prejudice to the application of more severe penalties under other instruments, any violation of these provisions shall be punishable by a fine of 10,000 to 50,000 dirhams.

77. In the case of repeat offences, a term of imprisonment of two months to two years may be handed down. The court may also order the publication found guilty to be banned or to cease to appear for a period of up to 30 days.

78. Similarly, the court may order the confiscation or total or partial destruction of prints, sound or film tracks or any other medium, or prohibit their display, sale, distribution, transmission or broadcast.

79. The judgement may be made public, but without any indication of the name of the minor, even in the form of initials, photographs, illustrations or any other means permitting identification, on penalty of a fine of 1,200 to 1,300 dirhams.

80. Officials at child protection centres may, after obtaining authorization from the juvenile judge, publish information relating to the minor in the press where the minor has no further contact with the family in order to facilitate the restoration of contact between child and family.

81. The system of juvenile justice provides for the right of the child to state his or her views. The child may make application for the judgement to be set aside or submit an appeal, or request a retrial, in respect of final decisions by the juvenile criminal division of the appeal court and the juvenile criminal chamber, pursuant to articles 484 and 495 of the Code of Criminal Procedure.

82. In addition the minor may request the juvenile judge to review the education or protection measures taken on his or her behalf, in accordance with article 516 of the Code of Criminal Procedure.

83. There is a limitation period for State action of 20 years from the day on which the crime was committed, 5 years in the case of offences and 2 years in the case of minor offences. If the offences are perpetrated against a minor by an ascendant relative or a person with authority over the child or having custody of the child, the limitation period runs for the same period from the date on which the minor attains the age of majority, in accordance with the provisions of article 5 of the Code of Criminal Procedure.

84. Legal assistance is available in every court throughout the country to all persons lacking legal capacity, by reason of precarious financial circumstances, to exercise their rights and defend themselves before the courts, in accordance with the provisions of article 1 of the Royal Decree of 16 November 1966 on legal assistance.

85. A juvenile delinquent enjoys all the guarantees provided for by the Convention on the Rights of the Child and other instruments relating to juvenile justice, such as the Beijing Standard Minimum Rules, the Tokyo Rules and the Riyadh Guidelines, inasmuch as all the measures taken are intended to protect the best interests of the child and guarantee the principle of nondiscrimination and promotion of the right of the child to his or her development, in particular the right to reeducation.

86. Thus, if the minor is under 12 years of age, the court admonishes the child and returns him or her to the parents, guardian or dative guardian, or to the person or institution having custody of or responsibility for the welfare of the child.

87. If the minor is over 12, the court may order the application of one or more protection or mitigation measures, or one of the penalties provided for in article 482 of the Code of Criminal Procedure, or protection and mitigation measures may be applied in addition to the penalties.

88. The following protection and reeducation measures, as defined in article 481 of the Code of Criminal Procedure, may be ordered by the juvenile division:

(a) Placing the minor in the custody of the parents, guardian, person with custody over the child, a trustworthy person, or with an establishment or person entrusted with his or her care;

(b) Probation;

(c) Placing the minor in a public or private institution authorized to provide education and occupational training;

(d) Placing the minor with a public service or establishment responsible for providing care;

(e) Placing the minor in an authorized medical or medicaleducational institution;

(f) Placing the minor in a boarding school equipped to accommodate juvenile delinquents;

(g) Placing the minor in a public controlled education or reeducation institution.

89. In all cases the above measures must be pronounced for a specific period which may not extend beyond the date on which the minor attains the age of 18.

90. For minors 12 to 18 years of age, the juvenile division may, as an exceptional measure and if it is deemed essential owing to the circumstances or personality of the offender, and subject to specific justification of the decision, replace or complement the measures provided for in article 481 of the Code of Criminal Procedure by a term of imprisonment or a fine.

91. In such a case the maximum and minimum terms of imprisonment provided for by law must be reduced by half, in accordance with the provisions of article 482 of the Code of Criminal Procedure.

92. With regard to the rehabilitation and reintegration of child victims, various initiatives have been undertaken both by the Government and civil society.

93. Thus, in 1999 the Ministry of Health, in cooperation with the National Observatory on the Rights of the Child, established a pilot centre in the Rabat Children’s Hospital for the reception, evaluation and medical, psychological and social care of child victims.

94. At present there exist 10 similar regional centres in various regions of the Kingdom.

95. These centres are responsible for diagnosing the various physical, psychological and sexual violations suffered by children. The victim is subsequently taken into care depending on the nature and extent of the violence suffered.

96. The Ministry of Health has made significant progress in terms of medical care and physical rehabilitation. However, with regard to psychological and social care efforts are under way to equip specialist centres to assist in the rehabilitation and social reintegration of child victims. These efforts are being undermined by the lack of financial and human resources.

97. Associations and nongovernmental organizations active in this field are helping to make good deficiencies in terms of reception, care, assistance and followup structures for children who are victims of illtreatment, violence and neglect.

98. In cooperation with the Government and nongovernmental organizations, various initiatives have been taken to formulate a national strategy to combat the sexual exploitation of children.

99. The major policies under the National Action Plan are based on the following approaches:

(a) Studies and supervision:

Support for studies and research into the sexual exploitation of children;

Creation of mechanisms for the gathering, treatment and dissemination of information within the Departments of Justice, Health, Education and Social Affairs, study and research centres, associations, and evaluation and guidance centres;

Promotion of university studies and research in this area;

Training of officials in the guidance, supervision and reintegration of child victims of sexual exploitation;

(b) Legislation:

Continued implementation of the Convention on the Rights of the Child and the relevant optional protocols and instruments;

Expediting the processing of files and monitoring the execution of judgements concerning child victims;

Making it possible for associations to become coplaintiffs in cases involving illtreatment of children;

Strengthening the role of the juvenile judge;

(c) Institutional:

Strengthening of coordination between ministerial departments, in consonance with the crosscutting nature of the problem of the sexual exploitation of children;

Establishment of structures for the rehabilitation and family and social reintegration of child victims and guaranteeing the necessary social, health and psychological services;

Support for activities by associations working with child victims of exploitation in general and sexual exploitation in particular;

Supervision and provision of further training for security agents to improve their methods of contact when communicating with child victims of sexual exploitation;

(d) Psychological and educational:

Development of programmes and instruments for participation by children and young people so as to improve prevention and selfprotection in the context of family life;

Raising awareness by families of their role with regard to prevention;

Provision of effective medical and psychological supervision to follow up cases of child victims, in terms of relations with the family, the school and the social environment in general;

(e) Socioeconomic:

Combating poverty and exclusion;

Ensuring implementation of the national strategy for street children;

Implementation of the national strategy and sectoral strategies on child labour, including young women working as domestics;

Extending primary education throughout the country and ensuring that it is made compulsory in practice.

100. Implementation of this National Action Plan is predicated on a partnership between Government, local authorities, associations working with families and children, international organizations and the private sector.

IV. PREVENTION OF THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY

101. Morocco has made considerable efforts to strengthen implementation of the Convention on the Rights of the Child and the optional protocols to the Convention it has ratified.

102. Prevention of the ills which are the subject of the Optional Protocol is of great importance, as testified to by the measures taken in terms of legislation, policies and programmes to counter risk factors which make children vulnerable and easy prey to all forms of violence and exploitation. This is true of street children, children at work, children who are victims of clandestine immigration, children who do not attend school and the pernicious effects of poverty.

103. In terms of legislation the Code of Criminal Procedure contains provisions for the protection of children in difficult circumstances.

104. Thus, the juvenile judge in the court of first instance may, on application by the public prosecutor, take on behalf of a child in difficult circumstances any measures, from among the measures provided for in article 471 of the Code of Criminal Procedure, that he or she considers appropriate to guarantee the protection of the child. These measures comprise:

Placing the minor in the custody of parents, a guardian, person having custody of the child, or any other trustworthy person;

Placement in an observation centre;

Placement in an authorized public or private institution;

Placement with a public service or institution responsible for assisting children or a hospital institution, in particular where there is a need for detoxification treatment;

Placement in an occupational training establishment or institution or one providing care under the authority of the State or an authorized public administration, or an accredited private institution;

Placement with an authorized public-interest association.

105. Further, if the juvenile judge considers that the physical or psychological state or general behaviour of the minor justifies extensive observation, he or she may order temporary placement in an authorized observation centre for a period of up to three months.

106. These measures may, where necessary, be implemented under the system of probation.

107. Pursuant to the provisions of article 513 of the Code of Criminal Procedure, a minor under 16 is considered to be in precarious circumstances when his or her physical, mental or psychological or moral safety, or education, is endangered as a result of frequenting persons who are offenders or known for their bad reputations or who have a criminal record; when the child rebels against the authority of the parents, person having custody, guardian, person responsible for him or her or the institution responsible for his or her protection; when the child habitually runs away from the establishment where his or her study or training is being pursued; when the child leaves his or her home; or when he or she has no proper abode.

108. The juvenile judge may at any time order the annulment or amendment of the measures taken where the interest of the minor so necessitates.

109. The judge renders his decision on his or her own initiative, or at the request of the Royal Prosecutor, the minor, the parent, the person having custody, or the person or institution responsible for the protection of the child or pursuant to a report submitted by the probation officer.

110. It is mandatory to obtain the opinion of the Royal Prosecutor, if this is not contained in an application, in accordance with article 516 of the Code of Criminal Procedure.

111. The measures taken expire in accordance with the term established in the decision of the juvenile judge, and in any event when the minor attains the age of 16.

112. However, exceptionally, and where the interest of a minor so requires, the judge may decide in a reasoned decision to extend this period to the age of criminal majority in accordance with the provisions of article 518 of the Code of Criminal Procedure.

113. Concerning the measures taken, in particular legislative, judicial and administrative measures, to prohibit the production and distribution of material publicizing practices prohibited under the Optional Protocol, reference is made to the information relating to the prohibition of the sale of children, child prostitution and child pornography (see above, chap. I).

114. Pursuant to article 9, paragraphs 1 and 2, of the Optional Protocol, Morocco is undertaking a number of initiatives with regard to information, awareness-raising and training in the areas covered by the Protocol.

115. By way of example, reference is made to the sectoral initiatives undertaken by the Ministry of Justice, which in the context of a cooperation programme with UNICEF and the French Ministry of Justice is organizing an ongoing training course with study periods abroad for juvenile judges to increase their awareness of the importance of work with and for children. These exchanges are also intended to allow juvenile judges to internalize international children’s rights and juvenile justice standards.

116. At the same time various training sessions have been organized for judges on the Optional Protocol to the Convention on the Rights of the Child and on the new provisions of the Criminal Code adopted pursuant to the Optional Protocol on the sale of children, child prostitution and child pornography.

117. In the context of these initiatives circulars have been sent to courts throughout the Kingdom with the aim of increasing awareness among judicial professionals. The Ministry of Health is developing an ongoing training strategy for health professionals. In 2004 the Ministry of Health will provide training for staff at reception centres for child victims of violence and illtreatment and, in particular for doctors, psychologists and social workers.

118. The training will be based on three components: medical, psychological and social.

119. The Ministry of Health has prepared and sent to its subordinate offices a circular (C No. 2/DRC/10 of 24 January 1994) drawing the attention of local officials to the seriousness of the issue and the imperative need to establish a system for reporting to the competent authorities (police, justice officials) all cases of ill-treatment noted by health professionals (doctors, social workers, etc.):

The Ministry of Employment, Social Affairs and Solidarity is organizing awareness sessions for educators in charge of reception centres for children without a family in an effort to prevent and combat all forms of violence against children;

The Ministry of the Interior has made arrangements for the police to intervene where a child suffers ill-treatment or violence of any kind, primarily by providing protection for his or her physical and psychological health and undertaking direct contact with the appropriate services so as to ensure the child receives the necessary protection through various measures, including:

Ending the difficult situation the child is in and removing him or her from danger;

Minimizing the shock experienced;

Referring the case where appropriate to support services;

Accompanying the child to hospital and informing the family and the judicial authorities in the locality;

Monitoring the situation of the child and taking appropriate measures to maintain the child’s rights in coordination with the actors involved (parents, health workers, justice workers, local authorities and social institutions).

The National Observatory on the Rights of the Child has set up an evaluation and assistance centre for child victims of violence and ill-treatment, with a round-the-clock toll-free number and professionals evaluating children and assisting them in various areas - medical, psychological and social - as well as before the courts.

120. An extensive campaign against the sexual exploitation of children was conducted from 14 December 2003 to 13 January 2004 under the presidency of Her Royal Highness Princess Ialla Meryem, President of the National Observatory on the Rights of the Child.

121. The data from the campaign show that of the 19,796 calls received between 14 December 2003 and 13 January 2004:

73.64 per cent concerned sexual attacks;

10.9 per cent related to physical attacks;

Of the 113 interventions by the Observatory 82 interventions concerned sexual attacks, of which 61 were in towns and 21 in rural areas.

122. A number of associations are active in advocacy and awareness-raising and in publicizing the rights of the child and the need to protect these rights against various forms and manifestations of the violation of the rights of the child.

123. Morocco has also striven to formulate national policies and programmes for vulnerable children exposed to ill-treatment and sexual exploitation, such as street children, children at work and children who are victims of clandestine immigration.

124. With regard to street children it should be noted that the work of civil society and nongovernmental organizations preceded government action with the creation of reception centres and the organization of training and education programmes for such children.

125. Since the early 1990s various activities have also been conducted by the Moroccan Government to protect these children and secure their reintegration into society, while attempting to offer them solutions adapted to their needs.

126. The Ministry of State for the Family, Solidarity and Social Action carried out a survey in 1999 on children on the street, following which a draft National Action Plan for the integration of street children was formulated.

127. Despite the fact that the survey covered only the provinces of Marrakech, Safi, El Jadida, Beni Mellal, Tanger, Tétouan, Fès and Meknès, it revealed the extent and seriousness of the phenomenon, which affects children between 9 and 18 years of age. Begging and vagrancy, however, made it difficult to assess the exact number of children on the street at the time of the survey.

128. Nevertheless the survey shed light on the direct causes of the problem: poverty, break-up of families, school dropout, movement from the countryside, etc.

129. The objectives of the National Action Plan for the integration of street children relate essentially to:

Guaranteeing children on the street the enjoyment of the rights recognized under the Convention on the Rights of the Child;

Integration and reintegration;

Raising the awareness of all social actors of the seriousness of the problem;

Coordination of government and non-governmental programmes for street children;

Strengthening of the supervisory function of the institutional framework established to deal with the problem;

Support for non-governmental organizations working with street children.

The strategy initially established the following priorities:

Focus on the major cities, where the phenomenon is more widespread;

Concentration of efforts in outlying urban districts and disadvantaged districts in the old médinas;

Targeting of disadvantaged and unstable families;

Particular focus on children under 12, especially girls;

Training of staff specializing in social reintegration;

Training of specialists in reception centres for street children (doctors, psychologists, social workers, etc.);

Strengthening of cooperation and coordination between Government and civil society;

Promoting awareness in the family of its educational role;

Adequate funding.

130. In addition to the draft plan for the integration of street children, the Ministry of State for the Family, Solidarity and Social Action, in collaboration with non-governmental organizations and local authorities, has created pilot centres for the integration of street children.

131. The Ministry of the Interior has carried out various activities on behalf of street children.

132. Thus, in cooperation with the Moroccan UNICEF Association, the Ministry prepared a study on children in distress in order to produce precise statistical indicators at the level of the various communes in the Kingdom in an effort to tackle the problems suffered by children and formulate suitable plans based on approaches that would improve their living conditions over the medium and long term.

133. Centres to promote the reintegration of street children have been established in cooperation with local authorities in Tanger, Tétouan and Casablanca.

134. With regard to child labour, the 2000 National Employment Survey, which covered the question of child labour to generate follow-up statistical indicators as recommended by the World Summit for Children, recorded a significant fall in children engaged in employment outside the home.

135. In 2000 fewer than 8 per cent of children between 5 and 14 were engaged in remunerated activity, compared with 15.9 per cent in 1987.

136. The base data for the national policy on child labour, produced under the guidance of the Ministry of Employment, Social Affairs and Solidarity, in cooperation with UNICEF and the International Programme for the Elimination of Child Labour (IPEC)-Morocco, give the results of a joint survey indicated below.

137. There is a downward trend in the number of children at work. In terms of numbers, 550,000 children under 15 are employed, compared with 800,000 who are not. In terms of the nature of their employment, over 80 per cent of children working are in rural areas; 55 per cent of boys and 45 per cent of girls work. They are employed in the following sectors: agriculture and stock-raising; carpet-making, garment-making and textiles; garages; woodwork, leather work and pottery; domestic work; other activities, such as selling cigarettes and washing and polishing cars.

138. The positive aspects of the national policy on child labour are:

The importance of the political commitment made;

The favourable context: harmonization of national legislation, adoption in the Labour Code of 15 years as the minimum legal age for starting employment, prohibition of dangerous work for children under 18, ratification of International Labour Organization (ILO) Conventions Nos. 138 and 182;

Carrying out of specific pilot programmes, to be expanded;

Active participation by non-governmental organizations;

Conclusion of effective partnership arrangements between the Government, UNICEF, ILO and IPEC.

139. It should be noted that the second phase of the cooperation project with IPEC began in January 2004 and focuses on children at work in rural areas. The programme has received funding from the United States Government of US$ 2 million. Direct action is planned for 5,000 children in 40 villages and douars, mainly in Gharb and Taroudannt.

140. This agreement succeeds an earlier agreement signed in October 2003 on the education of girls in domestic employment and funded in the amount of $3 million. Launched in June 2001, the first support programme for children at work, funded by France and Belgium, allowed some 1,400 children to stop work and resume education or occupational training.

Focus on informal education in education programmes to end child labour

141. The programme was instituted in 1997 for children between 8 and 16 years of age who were not enrolled or who had dropped out of school.

142. The programme of informal education offers a mode of education complementing and consolidating efforts to generalize education and guarantee the right of education for all.

143. Implementation of this programme is in partnership with local, regional and national nongovernmental organizations and has the support of international organizations.

144. The programme of informal education is intended to:

Offer education to all with a view to the progressive eradication of illiteracy at the grass roots;

Integrate recipient children aged 8 to 16 in primary or secondary education or occupational training, and help them to enter the workforce;

Involve and mobilize government bodies and civil society so as to provide education to all children.

145. The programme of informal education is based on the following fundamental principles:

A general integrated approach to make education available to all;

A collaborative approach with contributions by associations, organizations and various partners;

Implementation at the regional level of activities to encourage participation.

146. While the programme of informal education is aimed at children aged 8 to 16 who are not enrolled or who have dropped out of school, particular attention is paid to:

Children living in rural areas and in outlying urban districts, particularly girls;

Children in employment (craft work, small businesses, services, etc.);

Children in difficult circumstances (street children).

147. More than 114,000 children have gone through the programme of informal education since it was launched in 1997.

148. A guide to firstyear curricula and special programmes for the agriculture and craft sectors, and a special curriculum for children not enrolled in school, have been prepared.

149. Similarly, several training sessions have been organized for trainers, group leaders, school principals, provincial officials and heads of education services.

150. Thus, 813 people were trained, including 451 women, during 20002001.

151. These efforts allowed a new approach to be implemented, with the focus on children aged 9 to 11, numbering some 350,000, with the aim of integrating them into the education system.

V. INTERNATIONAL ASSISTANCE AND COOPERATION

Prevention

152. Morocco is making strenuous efforts to combat poverty. Programmes have been formulated in the context of international cooperation to assist both regions suffering from economic difficulties and vulnerable populations through the development of incomegenerating activities and microcredit and the equipping of rural areas with basic infrastructure.

153. The programme of sustainable human development and poverty alleviation is entering its second phase in the context of poverty alleviation efforts by the Government, and the objectives of the second United Nations Development Programme (UNDP) programme of cooperation with the Kingdom of Morocco and the Economic and Social Development Plan 20002004, which includes a priority component on social development and poverty alleviation.

154. The programme contains a poverty alleviation component for rural areas with a plan of action in the four priority provinces of Al Haouz, Chichaoua, Essaouira and Chefechaouen, implementation of which will increase opportunities and choices for poor rural populations through the implementation of some 400 job and incomegenerating projects.

155. With regard to poverty alleviation in urban areas it should be recalled that the pilot phase of the programme, which covered the period 19982001, allowed positive experimentation and validation of innovative economic and social development approaches based on a partnership between local authorities, government outreach services, nongovernmental organizations, universities, research institutions and the private sector.

156. During this phase of the programme the capacity of the various actors was strengthened and 75 projects were implemented in the nine communes concerned (five in Marrakech, three in Tangers and one in Ben M’ski).

157. With a view to consolidating these results, it was decided to continue the programme for the period 20022004 in nine communes and to extend it to further communes experiencing a high poverty rate or where a high percentage of the population lived in shanty towns.

158. The pilot project on education in rural areas of El Kelâa des Srarhna province was conceived in the context of a participatory, decentralized approach designed to encourage children enrolled in schools in rural areas to seek their development in their own environment. The project strategy was based on the formulation of and experimentation with, in 36 educational units in the province of El Kelâa des Srarhna, a new teaching programme with content adapted to the socioeconomic and cultural context obtaining in the province, and meeting the needs and expectations of the rural population.

159. Implementation of the project was conceived from an intersectoral perspective aimed at creating the grassroots synergy necessary to initiate decentralized local development through the mobilization of local authorities and the active participation of the other ministerial departments concerned. Education provides a foundation for other, accompanying, measures, such as supply of drinking water, toilets, provision of electricity, etc.

160. Other projects have been formulated in the context of sustainable human development and poverty alleviation, such as the microcredit project for rural women in Azrou and surrounding region, the Micro Start for Morocco programme, aimed at improving access by lowrevenue smallscale entrepreneurs, and more particularly businesswomen, to financial services to enable them to develop their businesses and increase revenue and hence employment.

161. According to the national report on the Millennium Development Goals, prepared in December 2003, the main difficulties in poverty alleviation relate to the lack of coordination between the programmes implemented, inadequate financial resources, and shortcomings in economic and social structures, which are ill adapted to integrating the population as a whole in economic development.

162. In order to accelerate the implementation of programmes initiated by the State, other projects have been formulated. They relate essentially to:

Basic medical coverage;

Medical assistance scheme for financially disadvantaged individuals who do not have compulsory insurance;

Implementation of the National Charter for Education and Training;

Establishment of the Social Development Agency, with the aim of supporting community development and contributing to povertyalleviation programmes.

163. Taking into account the progress made and the shortcomings in poverty alleviation, development aid priorities have been identified, relating to:

Supply of drinking water for the rural population;

Rural electrification;

Roadbuilding in rural areas;

Generalization of firstcycle basic education;

Improvement in statistical information facilitating followup and evaluation of povertyalleviation measures.

164. In terms of prevention and protection of children against sexual exploitation, a joint Morocco/ECPAT International project on legal reform in Morocco will be implemented.

165. The project is intended to increase protection for children in Morocco against sexual exploitation through studies, analysis and proposals for legislative reform intended to improve and strengthen existing legislation and mechanisms.

166. It is also proposed to provide assistance for the Moroccan Government and all actors working for the protection of children in Morocco with a view to implementing the Stockholm Agenda for Action.

167. The project will cover:

Judicial personnel and criminal investigation police officers dealing with children;

Political decision makers, parliamentarians, staff responsible for the collection of statistical information on children, the police, social services, nongovernmental organizations and the public at large.

168. The following activities will be implemented in the context of the project:

Development of information materials on the rights of the child and the sexual exploitation of children;

Development of training materials for the police and judicial personnel, including:

Procedural measures adapted to children;

Norms governing investigations into sexual assaults on children;

Guides to the specific legislative measures in existence and procedures applicable to sexual violations of and trafficking in children;

Norms on the identification and treatment of child victims of sexual trafficking;

Norms on the repatriation and reintegration of child victims of trafficking;

Dissemination of information material;

Organization of public seminars;

Organization of special seminars for:

Police trainers, training programme coordinators;

Police personnel responsible for disciplinary matters;

Criminal investigation police officers dealing with children;

Immigration personnel responsible for transit operations;

Judicial personnel responsible for procedural issues;

Judicial personnel responsible for investigating violations of children’s rights.

Protection of victims and application of the law

169. A number of bilateral treaties and agreements on mutual judicial assistance have been concluded between Morocco and the following countries:

Algeria:

Agreement concerning mutual judicial assistance of 15 March 1963;

Protocol to the Agreement on mutual assistance and judicial cooperation of 15 January 1969;

Federal Republic of Germany:

Treaty concerning mutual judicial assistance and exchange of legal information in civil and commercial matters of 29 October 1985;

Belgium:

Agreement concerning mutual judicial assistance in civil, commercial and administrative matters and legal information of 30 April 1981;

Agreement concerning extradition and mutual judicial assistance in criminal matters of 27 February 1959;

Protocol to the Administrative Agreement on the implementation of regulations governing the status of persons in the territories of the Kingdom of Morocco and Belgium of 26 September 1979;

Egypt:

Protocol on mutual judicial assistance in the training of judges of 14 May 1997;

United Arab Emirates:

Agreement concerning judicial cooperation of 18 September 1978;

Spain:

Agreement amending the provisions of the Judicial Agreement of 6 October 1965;

Agreement concerning mutual judicial assistance in criminal matters of 30 May 1997;

Agreement concerning cooperation between ministries of justice of 22 June 1998;

Agreement concerning assistance for detainees and transfer of convicted persons of 30 May 1997;

United States of America:

Agreement concerning mutual judicial assistance in criminal matters of 17 October 1983;

Agreement concerning mutual cooperation to combat international terrorism, organized crime, and the production of, trafficking in and illicit consumption of drugs of February 1989;

France:

Agreement amending the provisions of the judicial Agreement of 10 August 1981;

Administrative Agreement between the ministries of justice of the two countries of 29 December 1997;

Poland:

Agreement concerning mutual judicial assistance in civil and criminal matters of 22 May 1979;

Portugal:

Agreement concerning cooperation between the ministries of justice of the two countries of 16 May 2001;

Romania:

Agreement concerning mutual judicial assistance in civil and criminal matters of 30 August 1972.

VI. OTHER LEGAL PROVISIONS

170. In addition to the legal provisions criminalizing the sale of children, child prostitution and child pornography referred to in this report, Morocco has acceded to most of the major international human rights instruments:

International Covenant on Civil and Political Rights, ratified in 1979;

International Covenant on Economic, Social and Cultural Rights, ratified in 1979;

International Convention on the Elimination of All Forms of Racial Discrimination, ratified in 1970;

Convention on the Elimination of All Forms of Discrimination against Women, ratified in 1993;

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified on 21 June 1993;

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ratified on 21 June 1993.

171. On 17 August 1973 Morocco acceded to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, concluded at Lake Success on 21 March 1950.

172. In addition, Morocco has ratified the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

173. Morocco also ratified the United Nations Convention against Transnational Organized Crime on 19 September 2002, and has signed The Hague Convention on the Civil Aspects of International Child Abduction.

174. Similarly, Morocco has ratified a number of ILO conventions, including Convention No. 138 concerning Minimum Age for Admission to Employment and Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

175. A number of initiatives have been taken to implement these conventions, in particular through the preparation of a training manual with support from IPEC, the training of labour inspectors, and the conclusion of partnership agreements with child protection workers.


WorldLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.worldlii.org/int/other/UNCRCSPR/2005/20.html