d
-,
+
?
2
;
7
work
s
the Covw
is
m
232. With reference to that issue, members of the Committee
wished to know
what the status of the Covenant was in relation
to the Moroccan Constitution;
whether the provision6 of the Covenant were directly
enfOrCe6ble;
whether the
Covenant had become an integral
part of Morocco's domestic legislation
that
could be invoked in the courts: whether Morocco accepted the principle
of the
precedence of international
law over domestic law in the event of IP conflict
between the two: whether recourse could be had to the Moroccan court6 in
respect of violations
of rights not recognised in domestic law but guaranteed
by the Covenant: whether the authorities
were giving any thought to amending
the Constitution
to take account of such rights;
whether the courts had the
power to abrogate legislation
not in conformity with the Constitution
or the
Covenant: whether there had been any actual ca6e6 where court decisions had
been based on the Covenant; whether a law had ever been disregardad by a Court
on the ground that it was contrary to the Covenant: what were the composition
and functie?s of the Moroccan League for the Defence of Human Rights, the
Moroccan Human Rights Association and the Moroccan HumanRight6 Organisation;
if any, had affected the implementation of the
what factors and difficulties,
Covenant: and what activities
were undertaken relating
to the promotion of
greater public awareness of the provisions of the Covenant.
233. In addition,
members of the Committee wished to know whether judges could
be dismissed from office:
whether everyone had access to the courts: what had
been the purpose of establishing
communal or district
COurt6: what facilities
were provided by the Government to help human right6 organisations
discharge
their taskst what were the composition and power6 of the Royal Consultative
Council, what were the results of it6 fact-finding
operations,
and whether
citieens and other person6 under Moroccan jurisdiction
could have recour6e
to
the Council; and whether the Moroccan Government intended to rati'fy
the
Optional Protocol.
Regarding the constitutional
position of the King, members
of the Committee asked whether the King wa6 accountable for his acts to any
State body and whether the coustitutiouality
of the laws promulgated by the
King could be challenged.
They also wondered how the independence of the
judiciary
was guaranteed when, according to article
33 of the Constitution,
the King presided over the Supreme Council of the Sudiciary
and appointed the
member6 of the judiciary
by decree.
234. Members also wished to know what wa6 the precise competence of the
constitutional
chamber of the Supreme Court8 why discrimination
on the ground6
of political
opinion had not been mentioned in the Constitutionr
what were the
rights of aliens compared to those of citieensi
and what control the judicial
authority
exerted over the actions of the police and local authorities.
Finally,
in view of the statements in paragraphs 36 and 37 of the report
regarding the applicability
of the Covenant, they requested the delegation to
comment on the statement in the National Charter on Ruman Rights that was
signed by various human rights and jurists
organizations
indicating
that
there was an absence of effective
protection
of human rights in Morocco and
that their implementation was still
limited.
235. In his reply,
the representative
stated that civil
and political
right6
guaranteed in the Covenant were granted under the Constitution
to all Moroccan
citizens without distinction
as to membership of any race, ethnic,
linguistic,
religious or political
group, or sex. In every subject area there w&6 a code
-57-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents