in favour of the present
Constitution
in a referendum.
Under Islamic
law, Muslims pledged allegiance to their leader in return for his prOteCtiOn
and guidance in achieving political,
economic and social progress.
No
political
party in Morocco had ever sought
the abolition
of Islam and the
monarchy. The National Charter of Human Rights was not yet an OffiCial
document but merely a draft text under nationwide debate with a view to
establishing
future guidelines.
It had been brought to the attention
of the
government but was binding only on the political
parties that had drafted it.
The Charter would be taken into account by the authorities
in 60 far as it was
considered justified.
The possibility
of acceding to the Optional Protocol
was currently
under consideration.
voted
.
*
Self-df%mumWn
238. In connection with that issue, members of the Conunittee,aeked the
representative
to comment on the problems relating
to self-determination
in
Western Sahara in the context of the obligations
assumed by the Kingdom of
Morocco
under article
1, paragraph 3, of the Covenant.
They also wished to
know whether human rights and freedoms in Western Sahara were suspended or
made
subject to restrictions
; whether there had been any displacement of
populationr what was the current demographic composition in the region! what
was the legal statue accorded to the population of Western Sahara pending the
outcome of the referendum and whether any distinction
was drawn between
population groups opposed to joining Morocco and those in favour of it;
whether there were any plans to grant amnesty to persons sentenced to life
imprisonment in the 19706 for having declared themselves to be in favour of a’
referendums what measures had been taken with regard to the reported
disappearance of a very large number of Saharane*, whether Saharane had exactly
the same identity
documents as other Moroccaner end how the prohibition
of
statements expressing opinions different
from those of the authorities
relating
to the statue of Western
Sahara could be reconciled with article
19
of the Covenant.
239. In his response, the representative
reiterated
the importance attached by
Morocco to the right of peoples, in particular
African peoples, to
self-determination.
With regard to Western Sahara, an outline of a settlement
was taking shape. The Secretary-General
of the United Nations was to draw up
a timetable,
in consultation
with the parties,
for the proclamation of a
cease-fire and the holding of a self-determination
referendum.
The Saharan
Population was not treated differently
from the rest of the Moroccan
population since the Saharane formed an integral
part of the Moroccan people,
Saharane elected their own municipal councils and held positions of
responsibility
in the civil
service.
The Kingdom had not proclaimed a state
of exception since 1976, even though the prevailing
situation
was tantamount
to a state
of war. The conflict
had had no harmful effect
on the economy or
on the free movement of individuals.
Individuals
had been sentenced for
having rejected the idea that Western Sahara formed part of Moroccan
territcry,
but it was possible that the King might exercise his right of
pardon.
240, With regard to the question of disappearances, the representative
stated
that an inquiry was being conducted, but that the allegations,
while
admittedly disturbing,
did not seem to be very credible,
The government would
Provide all the necessary clarifications
to the Working Group on Enforced or
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