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  • 1. This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection ofthe rights of indigenous peoples in South Africa. Country Report of the Research Project byThis report provides the results of a research project by the International Labour Organization and the African Commission’s the International Labour Organization and the African Commission on Human and Peoples’ Rights onWorking Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, actingas implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts the constitutional and legislative protection ofon and protects the rights of indigenous peoples.This report was researched and written by Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated). the rights of indigenous peoples:For an electronic copy of the other 23 country studies and the overview report of the study,see www.chr.up.ac.za/indigenous Morocco African Commission on International Labour EUROPEAN Human and Peoples’ Rights Organization Published with the support of: COMMISSION
  • 2. Copyright © 2009 International Labour Organization and African Commission on Human & Peoples’ RightsFirst published 2009For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rightsand Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email:pubdroit@ilo.org, and the Information and Documentation Centre, African Commission on Human and Peoples’Rights, PO Box 673, Banjul, The Gambia, or by e-mail: idoc@achpr.org mailto:idoc@achpr.org .ILO/ACHPRMorocco : constitutional, legislative and administrative provisions concerning indigenous peoples / InternationalLabour Office. - Geneva: ILO, 20091 v.ISBN: 978-92-2-122820-2 (web pdf)Indigenous people / economic and social rights / cultural rights / administrative aspect / constitutional law /legislation / comment / Morocco14.08 ILO Cataloguing in Publication DataThe designations employed in this publication, and the presentation of material therein do not imply theexpression of any opinion whatsoever on the part of the International Labour Office and the AfricanCommission on Human & Peoples’ Rights concerning the legal status of any country, area or territory or of itsauthorities, or concerning the delimitation of its frontiers.The ILO and the African Commission on Human & Peoples’ Rights shall accept no responsibility for anyinaccuracy, errors or omissions resulting from the use of the data.The responsibility for opinions expressed in signed articles, studies and other contributions rests solely withtheir authors, and publication does not constitute an endorsement by the International Labour Office and theAfrican Commission on Human & Peoples’ Rights of the opinions expressed in them.
  • 3. MOROCCO: CONSTITUTIONAL, LEGISLATIVE AND ADMINISTRATIVE PROVISIONS CONCERNING INDIGENOUS PEOPLESMohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated),Morocco: Constitutional, legislative and administrative provisions concerning indigenouspeoplesTable of contents PagesPart I: Introduction to indigenous peoples, the country and its legal system 21 Indigenous peoples in the country - Basic situational overview 21.1 Indigenous people: Demographic details, main economic sources and 3 livelihood and cultural life-style1.2 Background to the country 41.2.1 Pre-colonial history 41.2.2 Colonial history 41.2.3 Post-colonial history and current state structure 51.2.4 Role of media and civil society 61.3 Background to the legal system 71.3.1 Legal system and sources of law 71.3.2 Court structure 71.3.3 Status of international law and ratifications 81.4 Institutional and policy bodies protecting indigenous people 9Part II: Legal protection of indigenous peoples in Morocco 111. Recognition and identification 112. Non-discrimination 113. Self-management 134. Participation and consultation 145. Access to justice 156. Cultural and language rights 167. Education 178. Land, natural resources and environment 189. Socio economic rights (housing, health, social welfare, intellectual 20 property, traditional economy, employment and occupation)10. Gender equality 2011. Indigenous children 20 0  
  • 4. Part III: Conclusions and recommendations 211. Conclusions 212. Recommendations 22Part IV: Bibliography 23 1  
  • 5. Part I: Introduction to indigenous peoples, the country and its legal system1 Indigenous peoples in the country – basic situational overviewImazighen are the indigenous peoples of Morocco 1 and Tamazight is the language they speak. Theword ‘Imazighen’ is the plural form of ‘Amazigh’, which is the name the Berbers use to refer tothemselves. The ancient Egyptians and historians used to refer to them with different pronunciationand spelling, for example as Masaws. 2 In the sixth century BC, the Greek historian Hekataiosmentioned Imazighen as Mayzyes, whereas the Latin historian Herodotas in the fifth century BCcalled them Maxyes. However, all the names given to the Imazighen essentially stem from theNumidian people. 3The Berber population in Morocco wants recognition of their indigenous identity, their Tamazightlanguage as well as respect for their Berber culture. 4 Their core demand focuses on recognition ofTamazight as an official language in Morocco, and for educational, social and economic policies toredress the multitude injustices inflicted on the Berbers during the colonial and independence eras. 5The Berbers are citizens of an Arab-Islamic state, in which the Arabic language and its associatedculture have dominated for centuries. This is especially problematic due to the fact that an‘Arabisation’ policy, linked to the Koran and Islamic religion, has informed the ideology of theMoroccan nation. 6 The Berbers consider the ‘Arabisation’ policy, promoted by the Moroccangovernment since independence, as a denial of their cultural and linguistic Imazighen identity. 7 Apartfrom the nationalist movement, which focuses on Arabic, ‘Arabisation’ and the preservation of theMorocco Union, most political parties after independence did not take a clear stand on issues related tothe Amazigh language and culture. It was only in 1990 that political parties hesitantly showed theirsupport for the Amazigh cultural demands. 8                                                            1 The Touareg of the greater Sahara pronounce the letter Z in Amazigh differently, changing in into either a H, S or J. The Algerian and Mali Touareg pronounce it as Amazigh. The Niger Touareg as Amajigh, Encyclopedia Berber IV 563.2 M Chafiq A brief survey of thirty-three centuries of Amazigh history (Trans from Arabic Ali Azeriah) (2005).3 Latin Dictionary 956.4 IWGIA The indigenous world 2002/2003 (2003).5 B Maddy-Weitzman ‘Ethno-politics and globalization in north Africa: The Berber culture movement’ (2006) 11 Journal of North Africa studies 71 73.6 S Faiq ‘The status of the Berber: A permanent challenge to language policy in Morocco’ in Y Suleiman (ed) Language and Society in the Middle East and North Africa (1999) 145.7 Rapport of the African Commission’s Working Group of Experts on Indigenous Peoples 42.8 M Inaja Attitude towards Amazigh language and culture (2006) 76. 2  
  • 6. Berber associations claim that denying the Amazigh language and culture is a particular human rightsviolation. Violations of cultural rights are contrary to the African Charter, which states that all peopleshave a right to a culture and identity. 9 Moreover, it is a violation of article 2 of the African Charter onHuman and Peoples’ Rights (African Charter), which states that ‘every individual shall be entitled tothe enjoyment of the rights and freedoms recognised and guaranteed in the present Charter, withoutany distinction of such kind of race, ethnic group, colour, sex, language, religion, political or anyopinion, national and social origin, fortune, birth or other status’.1.1 Indigenous peoples: demographic details, main economic sources and livelihood and cultural life-styleImazighen live in the Maghreb. They have always built their houses of stone, clay, reeds and bushes.The traditional life of the Imazighen is characterised by its semi-nomadic nature. They lived with theirherds and gathered food from the land. In the past, Imazighen have served in the Spanish army andconducted seasonal work in Algeria. After Morocco gained independence, they looked foremployment in the South and went to cities such as Oujda, Fez, Meknes and Casablanca. TheImazighen emigrants found it difficult to find a balance between their population size and the availablenatural resources.The major Berber community in Morocco -. the Shleuh - occasionally breed sheep in the Western highAtlas, but in general are mostly inactive. Agriculture is difficult to pursue and of little benefit due tothe scarcity of soil in the mountainous terrain. Moreover, the Anti-Atlas and the adjacent plain close tothe Sahara often suffer from drought. 10 The Shleuh has a high birth rate.The Almoravid and Almohad religious reform movements stem from the middle ages and exerted agreat influence on Berber communities. Although they disagreed violently over certain dogmas, bothinvolved a strict moral code. As a result, today, the family structures remain strict and patriarchal.Macro-Berber dialects are used in specific regions of Morocco. Tashelhit is spoken in the South-west,Tamazight in the centre and South-east, and Tarifiyt in the Northern regions. The difference betweenthese different Berber dialects (predominately phonology and lexicon) is because of the geographicaldistance between the regions, and the consequent prolonged absence of social interaction betweenspeakers from different regions.                                                            9 Art 22 African Charter.10 A Adam ‘Berber migrants in Casablanca’ in E Gellner and CA Micaud (eds) Arabs and Berbers: From tribe to nation (1973) 326. 3  
  • 7. Dialects spoken by Berbers in Morocco Tashelhit 50% of the Berbers Tamazight 29% of the Berbers Tarifiyt 21% of the Berbers Source: Jilali, S (2001) 11Morocco’s population in 2004 totalled 29 891 708, an increase of 6 per cent from 1994. 12 Theurbanisation rate is 55.1 per cent, and the average annual population growth was 1.4 per cent between1982 and 1994. Approximately a third of the population is concentrated in large regions ofCasablanca, Massa-Draa and Marrakech. There is no official census data to determine the size of theBerber population in Morocco.1.2 Background to the country1.2.1 Pre-colonial historyFor a long time it was believed that the Imazghen, the Berbers, did not have a culture of their own. Adominant view of the West after the colonisation of African territory was that Africa did not have ahistory, and its people did not have culture and traditions. This view is typically Eurocentric, since theunderstanding of history and culture for the colonising powers was limited to the written literature.Instead, Africa’s history, culture and traditions are orally transmitted, by means of social customs,dance and oral traditions, such as songs and tales.The Imazighen culture has an age-old history but its development is difficult to track. The Imazighenhave contributed significantly to identify the foundations of the great civilizations and cultures thatfollowed each other in the Mediterranean area from the middle of the first millennium BC. However,their own culture was isolated from these civilizations for various reasons, as their nomadic lifestyleprohibited them from entering into deeply rooted ties with existing civilizations. Their culture mainlyrevolves around two aspects. The first aspect is that of the Imazighen themselves. Imazighen viewtheir culture as the heritage of their ancestors, and this heritage has to be preserved in its original form.The second aspect is about the influence of the Phoenician, Greek, Latin and Arab-Islamic cultures,which influenced and contributed to their original culture.1.2.2 Colonial HistoryMorocco has been placed under the protection of several European powers by the Algeciras Act,which was signed in 1906. The most important were France and Spain, which had a mandate over                                                            11 S Jilali ‘Berber and Arabic in Morocco’ in G Extra and D Gorter The other languages of Europe: Demographic, sociolinguistic, and educational perspectives (2001) 431.12 Morocco Census 2004. 4  
  • 8. southern and northern Morocco. After the enactment of the Algeciras Act the French and the Spanishstarted to actively penetrate the mandated areas. To justify their actions, both countries stated that theywere acting on behalf of the Sultan.Although Spanish Morocco came into existence in 1913, due to resistance and sporadic tribal fighting,it took fourteen years to establish a well-functioning protectorate. Only in July 1927 did Spain gaineffective control of Northern Morocco. Spanish protectorates were to be administered by a deputySultan, a Khalifa, according to a traditional hierarchy of administrators, judges and local officials. TheSpanish authorities, however, controlled the choice of the Khalifa and therefore were omnipresent atall levels of the protectorate’s administration.Until the mid 1950s, the Spanish colonial administration controlled the political and economic areaencompassing Northern Morocco. For an ambitious Tribesman there was no apparent alternative but tooperate through the Makhzan 13 or with Makhzan approval. This led to the absorption of the bilad as-siba 14 into the bilad al-makhzan. 151.2.3 Post-colonial history and current state structureAfter gaining independence, efforts were made to re-organise the judicial system. The urban elite werehowever blind to the sociological reality in the country 16 .and adopted solutions and measures takenfrom abroad. 17 This ultimately led to the erosion of customs within tribes, since the administrative andeconomic development strategy ignored local cultural particularities.Since its independence in 1956, Morocco has had five constitutions. 18 All provided for democraticsocial and constitutional monarchies, 19 and all stipulated that the Kingdom of Morocco is an Islamicstate with Arabic as its official language. 20 The monarchy remains the institutional pillar, as reflectedby the country’s motto: ‘The God, the Country, the King’. 21 With the revisiting of the constitution on13 September 1996, various new elements were introduced. A bicameral system was established bymeans of a new state branch enjoying the same deliberative powers as the House of Representatives.                                                            13 The term “Makhzan” refers to the central government. Nowsdays it is used to indicate the traditional aspects of the Moroccon state.14 In the past, the expression ‘bilad as-siba’ was used to refer to the regions within Morocco which were opposed to the central government (Makhzan). 15 JD Seddon ‘Local politics and state intervention; Northeast Morocco from 1870 to 1970’ in R Montagne The Berbers; their social and political organization (1973) 132.16 J Leyeau Le fellah marocain défenseur du Trône (1976) 22. 17 J Waterbury Ownership and political elites in Morocco (1984) 252.18 In 1962, 1970, 1972 and 1996.19 Sec 1 Morocco’s Constitution.20 Preamble Morocco’s Constitution.21 Sec 7 Morocco’s Constitution. 5  
  • 9. The Constitution furthermore recognised universal human rights and defined the role of the King,which is to exercise a moral authority over its Islamic community. He therefore is the guardian of allrights and liberties enjoyed by citizens, social groups and organisations. 22 Consequently, he is theprotector of the national independence and the territorial integrity of the Kingdom. The King exerciseshis powers by appointing the Prime Minister, 23 terminating the government on his own initiative or incase of resignation, and functions as the Chair in Cabinet meetings. Finally, the King signs and ratifiesinternational treaties.Morocco is divided into ten regions, which in turn are subdivided into 24 prefectures and 31 additionalprovinces, each of which is composed of urban and rural municipalities. Municipal and provincialauthorities are elected through proportional representation and include representatives of variousprofessional bodies. Morocco’s judiciary system is independent from both the legislative andexecutive powers, thereby adhering to Montesqui’s Trias Politica.The Moroccan Parliament comprises the House of Representatives and the House of Counsellors. Bothare mandated by the nation. The 325 members of the House of Representatives are elected for a five-year term by direct universal suffrage. The members of the House of Counsellors are elected for anine-year term by indirect universal suffrage. Three-fifths of its members are elected at each region byan electoral college composed of representatives of local councils. The remaining two-fifths of itsmembers are elected in each region by electoral colleges composed of elected members of professionalchambers and members elected at the national elections by an electoral college of wage-earnersrepresentatives.The executive branch of the government is composed by the Prime Minister and the Council ofMinisters, which is accountable to Parliament and the King. The Council of Ministers enforces lawsand manages the state’s administration. The Prime Minister has the power to enact regulations 24 andmay delegate certain power to Ministers. 25 The King presides over the Council of Ministers.1.3.4 Role of the media and civil societyThe audio and visual media, such as television and radio, are controlled by the state. The languagesused in television programmes are only Arabic and French. The Moroccan body in charge ofaudiovisual media does not take into account social and cultural particularities relating tomultilingualism. This excludes various popular languages, specifically the Tamazight language,                                                            22 Sec 19 Morocco’s Constitution.23 Sec 24 Morocco’s Constitution.24 Art 63 Morocco’s Constitution.25 Art 64 Morocco’s Constitution. 6  
  • 10. practiced within communities. Multilingualism therefore presents difficulties within the audio andvisual media. The written media, in French and Arabic, is hampered by high levels of illiteracy. Theinstitutionalisation of multilingualism in the written media depends on the promotion of literacy and aculture of reading.There are various Amazigh organisations promoting language, culture, civilization and the Amazighidentity. The Moroccan Association of Researchers and Cultural Exchange (AMREC) was founded in1967 by a group of Amazigh students, and it is the first established Amazigh association. During the1970s and 1980s more organisations came into existence, such as the Association from the MaghrebKnowledge and Culture, Cultural Association Amazigh which later became the Tamaynut Association,Association Cultural Ilmas, Association Tamesna and more. These organisations are engaged inprojects aimed at, among other things, educating and raising awareness among the Imazighen on theeffects of marginalisation, and the risks of assimilation in urban circles. They furthermore initiatedcultural meetings.In the 1980s, the first collective text drafted by an Amazigh organisation - the Charter of Agadir - wasadopted to promote the linguistic and cultural rights of the Imazighen. The signatories were AMREC,Tamaynut Association, Association of Summer University, Ghereis ‘Tellili’ Association, IlmasAssociation and the Cultural Association of Sous. The adoption of the Charter of Agadir represents awatershed for the Amazigh movement since it encourages an evolution in the co-ordination of themovements working in the field. It tries to organise activists striving for common objectives,encourages the creation of new associations and emphasises their work in general.1.3 Background to the legal system1.3.1 Legal system and sources of lawAccording to article 82 of the Kingdom’s Constitution, the judicial authority must be independentfrom the legislative and executive powers. The legal framework of Morocco comprises three types oflegal provisions: 1) customary norms and rules of Islamic law, inspired by the Malikite School ofjurisprudence; 2) rules of positive law; and 3) provisions inspired by French law. These legal systemsoften coexist side by side.The law-making process in Morocco is weak, resulting into poorly-drafted laws. Legal education isinadequate due to an education system that relies upon an outdate curriculum, offered in Morocco’stwo competing languages, French and Arabic. Choosing either one of these languages determines thestudents’ future career possibilities. The training of legal professionals is minimal and there is littlesupervision available. The institution responsible for the training of the judiciary is the professional 7  
  • 11. college INEJ. Although it has just started to improve its curriculum, there is a long way to go if itwants to reach the right professional quality and judiciary aspired to by the country. Oversight of theprincipal legal professions (lawyers, notaries, experts, judges) remains inadequate, and the same is truefor their professional organisations. Of serious concern is the limited access to legal information of thegeneral public and the restriction of legal aid to criminal proceedings. Although there are plans torationalise and simplify the Moroccan judicial system, which is composed of about 1109 courts, itsreform is not seen as a priority. Although some progress has been made, this is still not sufficient toqualify the system as efficient and pro-active. Efforts should also be made to develop standardmeasurement techniques, so to be able to have realistic and reliable information on the progress ofcases. With the assistance of several donors, the Ministry of Justice developed a programme for courtcomputerisation which still has to be implemented throughout the entire court system.1.3.2 Court StructureArticle 1 of the Decree 1-74-338, issued on 15 July 1974, determines that the judicial organisation ofthe Kingdom encompasses common law jurisdiction, specialised jurisdiction and exceptionaljurisdiction. Common law jurisdiction is composed of 837 communal and district courts, 68 courts offirst instance (including 183 centres for resident judges), 21 courts of appeal and the Supreme Court.Special jurisdiction is composed of seven administrative tribunals, eight tribunals of commerce, threeappellate courts of commerce, the High Court 26 and the permanent tribunal of the royal armed forces.Until 1955, French has been the official language in Moroccan courts. After 1955 Arabic has beenused, with the exception of acts registered in the trade registers, which are still accepted in French.1.3.3 Status of international law and ratificationsThe Preamble of Morocco’s Constitution demands respect for the principles, rights and obligations setout in applicable charters and treaties. It reaffirms its determination to abide by universally-recognisedhuman rights, and to continue its steady endeavours towards the safeguarding of international peaceand security. 27 Consequently, the King accredits ambassadors to foreign nations, and representativesof international organisations must be accredited to him. 28 The King furthermore has the authority tosign and ratify treaties. Treaties concerning state finances, however, will not be ratified without havingbeen approved under Moroccan law. Furthermore, treaties likely to affect the constitutional provisionsmust be approved in accordance with the procedures prescribed. The following are some of the key human rights treaties to which Morocco is a party.                                                            26 Art 88 Morocco’s Constitution.27 Preamble Morocco’s Constitution.28 Art 31 Morocco’s Constitution. 8  
  • 12. Instrument Date of deposit of ratification/accession International Covenant on Civil and 3 August 1979 Political Rights (ICCPR) International Covenant on Economic, 3 May 1979 Social and Cultural Rights (ICESCR) Optional Protocol to ICCPR - International Convention on the 18 December 1970 Elimination of All Forms of Racial Discrimination (CERD) Convention of the Elimination of All 22 June 1993 Forms of Discrimination against Women (CEDAW) Optional Protocol to CEDAW - Convention on the Rights of the Child 21 August 1993 (CRC) Optional Protocol to CRC – Armed 22 May 2002 Conflict Protocol to CRC – Sexual Exploitation 2 October 2001 Genocide Convention 24 January 1958 Slavery Convention 1927 11 May 1959 Supplementary Slavery Convention 11 May 1959 1956 Committee against Terrorism - Article 22 of the Committee against 21 June 1963 Torture Committee on Migrant Workers 21 June 1963 Article 77 of the Committee on Migrant - Workers Convention on Biological Diversity 21 August 1995Relevant ILO Conventions Convention Date of ratification/accession ILO 29 (Forced Labour) 20 May 1957 ILO 105 (Abolition of Forced Labour) 1 December 1966 ILO 100 (Equal Remuneration) 11 May 1979 ILO 111 (Discrimination in Employment and 27 March 1963 Occupation) ILO 107 (Indigenous and Tribal Populations) - ILO 169 (Indigenous Peoples) - ILO 138 (Minimum Age) 6 January 2000 ILO 182 (Worst Forms of Child Labour) 26 January 2001AU Instruments Instrument Date of ratification/accession African Charter - African Charter on the Rights and - Welfare of the Child Cultural Charter for Africa - Convention Governing the Specific 14 November 1974 9  
  • 13. Aspects of Refugee Problems in Africa Protocol to the African Charter on - Human and People’s Rights on the Rights of Women in Africa Convention on Nature and Natural - resources, 1968 Revised Version of Convention on - Nature and Natural Resources, 2003 Le protocol sur la cour Africaine -1.4 Institutional and policy bodies protecting indigenous peoplesUnder the reign of King Hassan II, Morocco sought to promote and reinforce human rights. In 1990the consultative council for human rights was created, followed in 1993 by the creation of a ministry incharge of human rights. 29 Projects have been initiated to promote human rights and facilitate culturaldialogue. Furthermore, new authorities have been started, such as the Commission of Equity andReconciliation, 30 a pioneer in the Arab and Islamic world. Another important development is theestablishment of the organisation Diwan Alemadalim 31 in December 2001, 32 which functions as anarbitrator between citizens and the administration. Its tasks are to combat corruption, the misuse ofpower and injustice, and protect the rights of the child. Diwan Alemadalim moreover promotes theimage of a people serving institutions in the protection of human rights.                                                            29 See Morocco’s new Dahir in 2001: Dahir N 1-00-350 for the re-organisation of the consultative council of the rights of men. Its main purpose is to provide the King with a consultative opinion on issues relating to the protection and promotion of human rights, socio-economic rights and protection of the rights of Moroccans living abroad.30 The Commission of Equity and Reconciliation was installed on 7 January 2004 by King Mohamed VI. The Commission is involved in a wide range of activities regarding the restoration of truth and reconciliation in Morocco, such as collecting data about human rights violations in the past and thematic and public hearings.31 The name is inspired by Islam, and refers to an old tradition according to which Alaouite Kings used to examine the complaints of their subjects.32 Diwan Alemadalim was created by Dahir N 1-01-298 on 9 December9 2001. 10  
  • 14. Part II: Legal protection of indigenous peoples in Morocco1 Recognition and identificationThe first attempt to establish a written constitutional document, codifying the relationship between theruler and the ones being ruled and addressing issues of identity, was in October 1908. The documentdoes not discuss the issue of language. After independence, cultural issues and problems regarding theofficial language have been the focus of various national movements. In 1961, under King Hassan I, ajudicial document was adopted, creating the Moroccan state, or ‘Arab Islamic Kingdom’. In article 14the state is urged to look after Islamic Arab education and article 3 stipulates that Arabic is the officialand national language of Morocco. 33 The Constitution in 1962 differed from the basic law in 1961 inthat the Kingdom of Morocco was stated to be a sovereign Islamic state with Arabic as its officiallanguage.The question of recognising the Amazigh culture, including its language, in Morocco’s Constitution isto a large extent linked to Morocco’s promise of democratic transition and respect for universally-recognised human rights. The current Constitution and the court system do not recognise theAmazigh’s existence as indigenous peoples and thus ignore their rights. However, on July 2001 KingMohamed VI declared that the Amazigh identity contributed to Morocco’s national wealth. Hefurthermore announced the creation of a Royal Institute for Amazigh Culture (IRCAM). The absenceof constitutional recognition nevertheless remains.Some representatives of the Minister of Interior and local authorities have no objection to workingwith Amazigh associations and their representatives. However, the majority of the population preferthem to settle down, abandon their traditional way of life and consequently adapt to the dominantMoroccan lifestyle. They often consider Amazigh to be dirty, deceitful and uncivilized.Amazigh associations, for their part, strive for positive encouragement, in order to affirm their rights.Most Amazigh regions are so marginalised and impoverished that they cannot envisage any change intheir situation. The Amazigh who have been driven out of their region have become very poor andmarginalised from society, especially if they do not speak Arabic. The rural world in which theAmazigh live is excluded from Moroccan dynamics, in terms of economic human development and                                                            33 A Agnouche ‘Reflections on the problematic constitutionalization Tamazight. Constitution language convicted along with the language of the ruling independence’ (2003) Newspaper N278 in Arabic. 11  
  • 15. social transformation, and the disparities between city and countryside become more and moreevident, and call for a dual social and economic response. 342 Non-discriminationAccording to article 5 of the African Charter, every individual has the right to dignity. Article 9 statesthat all peoples shall be equal and enjoy the same rights. The Moroccan Constitution provides that allMoroccan citizens are equal before the law 35 . The Constitution furthermore guarantees to all citizensthe following: 36 - Freedom of movement through and from settlements in all parts of the Kingdom. - Freedom of opinion, expression and all its forms. - Freedom of public gathering. - Freedom of association, also including the freedom to belong to any union or political group of choice. - No limitations, except as provided for by law, shall be installed to the exercise of such freedoms.The Constitution guarantees opportunities of employment in public offices, and such positions areuniformly open to all citizens 37 . All citizens furthermore have equal rights in seeking education andemployment. 38Article 9 of the law on Moroccan nationality 39 provides that the Moroccan nationality is acquired bybirth, except where the Minister of Justice opposes this. However, Amazigh people, especiallyAmazing from the South, usually lack birth certificates. As a result, the law setting out therequirements for foreigners to obtain Moroccan nationality, including the requirement of a sufficientknowledge of the Arabic language, also applies to them. Articles 26 and 27 provide for Moroccannationality for every foreign relative having a usual and regular residence in Morocco. Article 12 statesthat foreigners wanting Moroccan nationality by naturalisation have to show that they fulfil theconditions stated below: - Have a usual and regular residence in Morocco for five year preceding the deposit of his or her demand, and must live in Morocco until its request is decided upon;                                                            34 Summary of the general report: 50 years of human development and perspectives to 2025. http://www.rdh50.ma/eng/note-synthese-anglais.pdf.35 Art 5 Morocco’s Constitution.36 Art 9 Morocco’s Constitution.37 Art 12 Morocco’s Constitution.38 Art 13 Morocco’s Constitution.39 Modified by the law 62-06 promulgated by the Dahir 1-07 of 23 March 2007 BO N 5514 of 5 April 2007. 12  
  • 16. - Be at a legal age at the time of the deposit of the request; - Be sound in body and mind; - Be of good customs and has no crime record, injury offences, act establishing terrorism, other acts opposing Moroccan law; - Have sufficient knowledge of the Arabic language; and - Have sufficient livelihood.3 Self-managementDuring the French colonial era, and as part of a modernisation process, tribes were put under statecontrol by transforming the ancient senate of free tribes into a local authority strictly controlled by thecentral power. 40 After Morocco acquired independence this power structure was maintained. The localgovernment of the Kingdom is composed of regions, provinces and communes, and no other form oflocal government may be established except by law. 41 Every local government has to be elected, so tobe accountable on the basis of democratic principles and in accordance with provisions defined bylaw. 42 Decentralisation has been a key aspect to Morocco’s government structure. General electionshave been held since 1960.The anticipated results of a decentralised government system have not always been achieved.Irregularities tainting the electoral process, short-term and unstable local alliances, insufficient trainingof elected officials, mismanagement and sometimes ineffective territorial protection are some of thefactors negatively affecting human development in many rural as well as urban communities. Inaddition to these problems, there is a centralised culture, resisting change and objecting to delegationdue to an overall mistrust. With the exception of certain pioneering administrations, decentralisationtherefore fails to operate in a diligent and consistent manner. Those in favour of decentralisationbelieve themselves to be stuck in a vicious circle, in which the mishaps of decentralisation function aslegitimacy for those supporting a more centralised structure. The deficits of decentralisationmeanwhile undermine the possibility of efficient and coherent territorial governance.The implementation of decentralisation in the 1960s primarily appears to have served the desire forpolitical supervision rather than responding to concerns regarding adapting public administration to theneeds of local development. Indeed, the objective in 1960 was first and foremost to reconstitute localelites, and this imperative certainly gained precedence over administrative and technicaldecentralisation. Consequently, the conditions necessary for a well-established and functioning                                                            40 J Milliot Principles de colonization et de legislation coloniale (1936) 302.41 Art 100 Morocco’s Constitution.42 Art 101 Morocco’s Constitution. 13  
  • 17. decentralised system failed to come to existence. Guardianship repressed a true and liberatingdecentralisation process. In many cases the persistence of a fierce ‘substitute guardianship’ functionedas a hindrance instead of an institutive guardianship.At the central administrative as well as the decentralised level of governance serious failures existedand - in some cases still exist - resulting from problems of financial mismanagement, corruption,nepotism and vote-catching. However, some positive measures have been adopted, such as theproclamation of a good-management pact, improved transparency, the introduction of equitableregulations with regard to human resource management, the creation of regional accounting courts,judicial reforms with the creation of administrative and commercial tribunals, and more frequentrecourse to external audits.4 Participation and consultationAccording to Morocco’s constitution, sovereignty belongs to the people, who consequently shallexercise this directly by means of referendum or through constitutional institutions 43 . Political parties,unions, district councils and trade chambers ought to participate in organisation and the representationof citizens 44 . Moreover, any citizen of age enjoying his or her civil and political rights shall be eligible 45to vote. Public meetings are free and open to the public 46 . All citizens are recognised freedom ofassociation, in accordance with the requirements laid down in article 5 of Act No 75.00 47 . However,several Amazigh organisations are still awaiting legalisation because of various difficulties raised bythe Home Office, such as the Amazigh Moroccan Democratic Party and the Andaz AmazighAssociation to Elhajeb, the Imal Association to Mast and the Izuran Association to Lakhssas. As aresult, action of these associations is severely limited. For example: The ban on Marrakech on 3 February 2007 on the constituent congress of the Democratic Amazigh Moroccan Party (PDAM) caused the participants of a congress to meet in the street. - The unjustified ban made for Africa’s association to organise a colloquium in Tiznit concerning the Amazighite and human development. - The fierce intervention of the police against a spontaneous and peaceful demonstration, organised in protest of the arbitrary ban on the colloquium of Afra. - The ban on 19 March 2007 of a meeting in Agadir organised by the Association Usman. 48                                                            43 Art 2 Morocco’s Constitution.44 Art 3 Morocco’s Constitution.45 Art 8 Morocco’s Constitution.46 Dahir N 1-58.377 B.O N2404, 27 November 1958 1912.47 Loi N75.00 promulguée par le dahir N 1-02-2006, 23 July 2002. B.O N5048.48 La ligeu Amazighe des droits humains: memorandum pour lutter contre toutes les forms de discriminations contre les Amazigh. 14  
  • 18. The Amazigh requested the government to start a nationwide debate about the issue, a debate governedby rationality, logic and conducted in a calm context. They requested political parties, participants intoday’s governments, to educate those brought up in the ‘independence era’ who have fanatical ideaabout Arab nationalism and consequently deny Amazigh. Political parties and the media seem to focusmore on problems concerning other parts of the world, in particular the Middle East, than aboutMoroccan citizens living in the Rift Valley, the Atlas Mountains, the Sous and the Sahara.One of the political parties’ leaders has accorded an implicit recognition of the Amazigh in his firstprogram statement delivered at a special session in Parliament. He contributed in reducing themisunderstanding between the Amazigh youth and Arab youth.Due to their inadequate knowledge of Moroccan Arabic, let alone classical Arabic, Imazighen oftenrefrain from any political activity. Official activities ought to be practised in articulate Arabic, and theimportance given to eloquent Arabic is one of the strategies employed to expose Imazighen intellectual‘impotence’ and picture them as being unable to respond. The adoption of this strategy is evidenced bythe competition into which members of Parliament engage in when they rival in ‘decorating’ theirspeeches with appropriate and inappropriate ‘eloquent’ expressions. It is also supported by documentsreporting on the manner in which official meetings of local councils, whether urban or rural, are held.This phenomenon is one of the main factors causing the administration’s efforts to strengthendemocratic practises to be ineffective.5 Access to justiceAs previously mentioned in Section I, the limited access to legal information of the general public andthe restriction of legal aid only to criminal procedures are of great concern. Access to justice for theImazighen is even more problematic since the current Constitution and the court system clearly ignoretheir rights as indigenous peoples. As a consequence, Amazigh cannot make a claim to any of theserights.During the time that Morocco was a protectorate, customary law formed one of the pillars of the legalsystem. It has not been abolished since from the judicial organisation. The state and nationalmovements desired unification of Moroccan laws, and therefore wished to eliminate anything that wasthreatening, in their view, national unity. 49 In this context, the first action taken immediately afterindependence was the promulgation of a law abolishing criminal courts based on customary law,resulting in ordinary courts replacing customary courts. The urban elite, however, as already                                                            49 A Saaf De la politique juridique au Maroc in droit et environnement social au Maghreb 261. 15  
  • 19. mentioned above, were blind to the sociological reality in the country 50 and in order to address issuesthey adopted solutions and measures taken from abroad. 51 This ultimately led to the erosion ofcustoms within tribes, since the administrative and economic development strategy ignoredparticularities of local culture. In 1974, the independent authorities tried to restore respect for theapplication of local customs in many regions of the Moroccan desert through the judicial organs withinthe judicial organisation of the new Kingdom. 52 These courts, known as juvenile and provincialgroups, are based on tribal customs.6 Culture and language rightsThe loss of productive resources has negatively impacted the Amazigh culture, and so has the denialof their right to maintain the livelihood of their choice and to retain and develop their culture andcultural identity according to their own wishes. A policy of ‘Arabisation’ has been promoted by theMoroccan government since it gained independence, consequently adopting Arabic as Morocco’sofficial language.In the absence of any legislative text stipulating principles and criteria on which an official languagepolicy in Morocco could be based, this status can only be regarded as de facto. However, Arabic isrecognised as the official language of the Kingdom. The Constitution’s Preamble recognises it as thesole national language. Morocco’s government continues to suppress the Tamazight language as asymbol of Berber identity and their cultural rights. Tamazight is not officially recognised, is not taughtin the educational system, and has not been given the same status as Arabic. Practising the Tamazightlanguage is not allowed in public administration, and laws forbid the use of Tamazight in courts. As aresult, Imazighen, especially those who do not speak Arabic, are actually excluded from society and inthat way made second-class citizens 53 .The Imazighen strongly oppose the argument that Arabic is the sole Muslim language. They state thatthis reasoning is not supported by the Quran since, among other things, the prophet said that ‘an Arabhas no merit over a non-Arab’. Imam Ali furthermore preached to learn languages, since ‘eachlanguage represents a human being’. Imazighen are strongly attached to their linguistic tradition, and, for that reason, ‘Arabisation’policies are considered a denial of their cultural and the linguistic heritage. Imazighen considerthemselves Amazigh due to their language, and not due to their race or any other feature. They                                                            50 J Leyeau Le fellah marocain défenseur du Trône (1976) 22. 51 J Waterbury Ownership and political elites in Morocco (1984) 252.52 Dahir Charif as law N 1-74-339 of 15 July 1974 on the organisation of groups and the provincial courts, as well as its terms of reference was issued a decree applied to this text under N 2-74-4-99 for 16 July 1974.53 S Samia Desk Review on North Africa Unpublished ILO paper. 16  
  • 20. therefore strongly believe that those who undervalue their language are doing the same to their veryexistence. The exclusive emphasis on Arabic not only hampers and assimilates Imazighen, but alsoimplicitly teaches them to feel ashamed of and despise their culture. It is acknowledged that Tamazighthas been discriminated against by these policies.However, some positive developments have recently been taking place. On 31 July 2001, KingMohammed VI declared the recognition of the Amazigh cultural identity. After 45 years ofindependence, this was the very first declaration about the multi-dimensional aspect of Moroccanidentity, and of the fact that, just as Arabic, Islamic, African and Andalusian influences, the Amazighis part of this identity.As stated above, the King announced the creation of the Royal Institute for Amazigh Culture(IRCAM) in October 2001, facilitating dialogue at a higher level than in the past. 54 The AdministrativeCouncil of the Institute consists of 32 members, seven of whom are government representatives fromministries and universities. The other members belong to the Amazigh movement, or are individualssupporting it. IRCAM has several aims, including: - To combine and transcribe all the expressions of Amazigh culture, and to protect and assure its broadcasting. - Carry out research and studies on Amazigh culture, and make this widely accessible, spread the results and encourage researchers and experts. - Promote the artistic creation in Amazigh culture to contribute to the revival and dissemination of the Moroccan heritage and civilization. - Facilitate education of Amazigh by 1) the production of didactic tools necessary for this end, and the elaboration of general lexicons and specialised dictionaries; and 2) the elaboration of educational action plans in the general education system and in connection with regional projects concerning local issues.7 EducationArticle 1 of Dahir N 04-2000, B.O N4800 of 1 June 2000 stipulates that all Moroccan children of bothsexes having reached the age of 6 years have the right and the duty to education. The state makes acommitment to assure them education free of charge in the closest public educational establishment attheir place of residence. Parents and guardians are obliged to make sure that their child(ren) enjoyeducation until they are fifteen years old. 55                                                            54 Official Gazette, N 4948, issued on Thursday 1 November 2001. Dahir Sharif N 299-01-1 issued on 17 October 2001 provide for the Royal Institute of Amazigh culture.55 See also arts 31, 33, 34, 35, 36, 37, 38 and 39 Education Charter. 17  
  • 21. At school, Amasigh children are confronted with negative assumptions about their culture. As a result,they face serious difficulties in integrating into the educational system, which downsizes theknowledge they acquired during their early childhood and their modes of communication, that is to saythe Tamazight language.Textbooks are biased by religious aspects. Even in scientific and technical disciplines little room is leftfor objectivity and critical perspectives. Everything that is Arabian-Islamic is regarded as sacred. Thisis reflected in textbooks and led to a complaint by hundreds of Imazighen in April 2004 against theMinister of National Education. The complaint was rejected on the ground that the plaintiffs had noright to speak in the name of all Amazighs of Morocco. Children’s interests and rights to theirpersonality, language and culture are repeatedly violated.Imazighen requested the government to draft bills aimed at promoting the teaching of Tamazight inschool, universities and institutes. They strive for the creation of scientific institutions capable ofcodifying the Amazigh language, and preparing the pedagogical instruments necessary for its teaching.Before 2003, the Tamazight language was not practiced in primary and secondary education. Atuniversity level, only one institution offered it as a subject. 56 The new education reform, as stated inthe Education Charter formation 57 provides for the teaching of Tamazight in some schools, but islimited to Berber-speaking areas where it can be used to facilitate the teaching of Arabic at the primarylevel.To combat illiteracy, a language policy should be developed that includes other languages than Arabic.It is recommended that the curriculum in the official language should be organised so as to raise bothadults’ and children’s awareness concerning the plurality in their country. This approach will stimulatepeople to learn a second language while remaining proud of their own language, and will preventstigmatisation. In addition, to be truly successful, literacy lessons should be in the local language ofthe students. Only when they are fully capable in all aspects of their first language should Arabic andFrench be introduced as a secondary and third language, and not as a means of instruction. 58Despite the expectations expressed mainly by Berber cultural associations to fully integrate Tamazightat all educational levels, 59 no implementation measures have so far been put in place. The provincial                                                            56 Institute national supérieur d’archéologie et du patrimoine. Created by decree N 705.83-2 on 31 January 1985, B.O N 3778.57 Le texte en langue arabe a été publié dans l’édition générale du bulletin official, N 4798, 25 May 2000.58 F Agnaou Adult literacy and language policy in Morocco (2006) 19.59 Dahir N 04-2000, B.O N4800 on 1June 2000. 18  
  • 22. educational authorities can select Tamazight or any local dialect facilitating learning in the officiallanguage in the first cycle of primary education. The authorities have to develop education and makeavailable training for national authorities, so to gradually provide the necessary support to educators.8 Land, natural resources and environmentThe 1912 French colonial decree allowing the government to seize communal land from indigenouspeoples is still on the books. A decree from 1919 authorised limited collective ownerships rights undergovernment guidance, and in 1951 Amazigh mining rights were recognised. 60 However, except inareas where land interests are uncontested or the land is of little value, these rights are a dead letter.Imazighen have no effective means of enforcing their rights, and the government frequently decides,without involving them, upon their lands in favour of the state’s economic or political interest. Thispractice should be seen in the context of Morocco’s issue of relying heavily on foreign oil, anddisregarding Amazigh land claims so to be able to exploit new-found oil reserves in Morocco. 61In 2000, Lone Star Energy signed several contracts with the Moroccan government to exploit oil fieldson Amazigh lands near Talsinnt in the High Atlas Mountains. Estimates were originally as high as 20billion barrels of oil, with revenue estimates upwards of $800 million a year. But the numbers quicklyfell, and in 2003 Lone Star produced only 10 million barrels, or less. 62 Since the drilling began, thelocal Amazigh population has been denied access to areas near the oil rigs. No compensation has beengranted for the land occupied by the drilling company. Nor have Imazighen received a share in theprofits. This clearly violates article 1 of ICCPR, and is in contrast with articles 10, 11, 26, 28 and 32 ofthe UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which guarantees indigenouspeoples the right of autonomy, including the right to be involved in decisions concerning their land.The government shows little interest in protests and concerns voiced by the Amazigh people. Asstressed by the UN Permanent Forum on Indigenous Issues, prior consultation with tribal leaders andparticipation of indigenous peoples in the implementation of drilling plans and revenue distribution are                                                            60 Minority Rights Group International State of the world’s minorities: events of 2005 / 2006 59; available at www.monorityrights.org/download.php?id=119;Idbelkassm,Hassan.Collective; ‘Rights of ownership of lands and resources or indigenous communes in Africa from the sovereignty of the Protectorate: Morocco as a case study’, submitted to the Expert Seminar on Indigenous Peoples’ permanent sovereignty over natural resources and on their relationship to land’ available at HR/GENEVA/SEM/2006//BP,3Jan.2006 http://www.ohchr.org/english/issues/indigenous/docs/sovereignty/BP.3e.doc.61 ‘Keeping an eye on Morocco’s “Black Gold”’ Washington Times 27 November 2000, available at http://www.intrenationalspecialreports.com/africa/00/morocco/11.html.62 T Shelley ‘Black gold or another black eye in Morocco?’ The Daily Star 13 October 2003. 19  
  • 23. important benchmarks for projects on indigenous lands, 63 and the Moroccan government shouldadhere to this. Adequate protection of land rights and the ability of indigenous peoples to freely pursuetheir economic and cultural development, and the protection of their cultural heritage and identity aredirectly linked. The relative poverty of the Amazigh, the continuing loss of their language and a highrate of assimilation are partially explained by this very fact, ie the lack of access to their traditionallands and their inability to exploit the resources (both surface and subsurface) of these territories. It isessential that Morocco expands the opportunities for Amazigh participation in decision-making inmatters relating to their lands, resources and economic and social development. Administrative orjudicial procedures should be made accessible, so to enable indigenous peoples to seek remedies andenforce legal guarantees.9 Socio economic rights (housing, health, social welfare, intellectual property, traditional economy, employment and occupation)The majority of the Amazigh people live in rural areas, which are the regions with the worse socio-economic situation. In all aspects, the disparity between the urban and rural populations is enormous.In 1991, rural areas received only 27 per cent of public health spending and almost 40 per cent of therural population has to travel over ten kilometres to access medical facilities. 42 per cent of the basicfacilities, 75.5 per cent of maternity wards and 74.3 per cent of the hospitals are situated over 5kilometres from rural areas. Recently, health indicators appear to have deteriorated, with infantmortality rates stagnating instead of lowering and infectious diseases increasing. 64Current development policies involve numerous activities that potentially could benefit indigenouspeoples. Yet, project reports on Morocco do not refer to Amazigh people at all.10 Gender equalityThe patriarchal ideology dominating Moroccan society discriminates against women’s education,resulting into serious gender gaps in education. Statistics show that two-thirds of women are illiterate.Consequently, these women are prevented from fully participating in society. The underdevelopmentof women regarding this aspect is especially worrisome if one realises that women constitute abouthalf of the population and education of women is crucial to the welfare of families and society at large.In fact, child malnutrition, a lack of hygiene and ignorance regarding family planning are partlycaused by women’s illiteracy. 65                                                            63 UN Permanent Forum on Indigenous Issues Press release: ‘Indigenous Rights to land resource basis for collective survival, inextricably linked to self-determination’ (2007), available at http://www.un.org/News/Press/docs/2007/hr4918.doc.htm.64 S Samia ‘Desk review on North Africa’ (unpublished paper).65 F Agnaou ‘Moroccan non-literate women’ Revue international de linguistique 82001 5. 20  
  • 24. On 26 January 2004, Parliament adopted a new Family Code. The Family Code regards genderequality as a fundamental principle of Moroccan society, and sees it as a basis for strengthening thefamily unit, while keeping in mind the interests of children, who are of primary importance toMorocco.The ratio of women representation in Parliament increased from 0.6 per cent in the 1997 elections to10.8 per cent in the 2007 elections. The present Parliament consists of 35 women.10 Indigenous childrenSee sections 6 and 7 above, concerning, respectively, language and education. 21  
  • 25. Part III: Conclusions and recommendations1 ConclusionsPositive developments have recently taken place. On 31 July 2001 King Mohamed VI recognised theAmazigh cultural identity. This was the first declaration after 24 years of independence of the multi-dimensional aspect of Moroccan identity, and of the fact that, just as Arabic, Islamic, African andAndalusia influences, the Amazigh is part of this identity.In October 2001 the King announced the creation of the Royal Institute for Amazigh Culture(IRCAM). The Administrative Council of the Institute consists of 32 members, seven of whom aregovernment representatives from ministries and universities. The other members belong to theAmazigh movement, or are individuals supporting it. This cleared the way for dialogue at a higherlevel.2 RecommendationsThe Amazigh movement has made various claims and drafted several proposals which are expressedin a number of documents and declarations, such as the Agadir Charter of 1999 and the Memorandumfor the Imazighen cultural and linguistic rights of 1993 and the Amazigh Manifesto of 2000.The Moroccan state should put an end to the discriminatory marginalisation of Amazigh people andtheir culture. To this end, the government should: - implement laws to make the teaching of Tamazight compulsory at all levels of the educational system, such as primary and high school, colleges and universities. The government furthermore should guarantee funding and resources necessary for the development of this teaching; - revise the current history courses and programmes. The existing courses falsify Morocco’s history; - officially recognise Amazigh people as indigenous peoples. It should furthermore officially recognise the Amazigh language; - ensure that the Amazigh language is admitted in the media and educational, judicial and administrative systems on an equal footing with Arabic, and respect the right of Amazigh people to use to it in all aspects of life; - draft laws recognising Amazigh’s land rights. South Africa provides an encouraging example on how to safeguard the land rights of indigenous communities in section 25(7) of the 1996 Constitution, which provides for the restitution of rights of land to persons or communities 22  
  • 26. that were dispossessed of property after 19 June 1913 as a result of racially discriminatory laws or practices. 66 Moreover, centres operating in Amazigh language and providing legal advice regarding violations of land rights should be instituted.                                                            66 Sec 25(7) of South Africa’s Constitution provides that a person or community dispossessed of property after June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an act of parliament, either to restitution of that property or to equitable redress. 23  
  • 27.  Part IV: Bibliography1. Books and articlesChafiq, M A brief survey of thirty-three centuries of Amazigh history (translated from Arabicby Ali Azeriah) (2005) IRCAMEncyclopaedia Berber IVExtra, G and Gorter, D The other languages of Europe: Demographic, sociolinguistic, and educationalperspectives (2001) Clevedon: Multilingual MattersGellner, E and Micaud, CA Arabs and Berbers: From tribe to nation in North Africa (1973) London:DuckworthInaja, M Attitude towards Amazigh language and culture (2006)Diana Vinding (Ed.) The Indigenous world 2002/2003 (2003) Copenhagen: International Work Groupfor Ingigenous AffairsLeyeau, J Le fellah marocain défenseur du Trône (1976) Paris: Presses de la Fondation Nationale desSciences PolitiquesMaddy-Weitzman, B ‘Ethno-politics and globalization in North Africa: The Berber culture movement’2(1) (2006) Journal of North Africa studies 71Milliot, J Principles de colonisation et de legislation coloniale (1936) Paris: Librairie du Recueil SireyMontagne, R The Berbers: their social and political organization (1973) London: CassSaaf, A De la politique juridique au Maroc in droit et environnement social au Maghreb (1989)Cassablanca: CNRS, Paris / Fondation Ibn SaudSeddon, JD Local politics and state intervention; northeast Morocco from 1870 to 1970 (1973) GreatBritain: Ebenezer Baylis and Son 24  
  • 28. Suleiman, Y (ed) Language and Society in the Middle East and North Africa: Studies in variation andidentity (1999) Surrey: CurzonWaterbury, J Ownership and political elites in Morocco (1984) Beiryt: Unity House2. Chapters in booksAdam, A ‘Berber migrants in Casablanca’ in Gellner, E and Micaud, CA (eds) Arabs and Berbers:From tribe to nation (1973) London: DuckworthFaiq, S ‘The status of the Berber: A permanent challenge to language policy in Morocco’ in Suleiman,Y (ed) Language and Society in the Middle East and North Africa: Studies in variation and identity(1999) Surrey: CurzonJilali, S ‘Berber migrants and Arabic in Morocco’ in Extra, G and Gorter, D The other languages ofEurope: Demographic, sociolinguistic, and educational perspectives (2001) Clevedon: MultilingualMattersSeddon, JD ‘Local politics and state intervention; Northeast Morocco from 1870 to 1970’ inMontagne, R The Berbers; their social and political organization (1973) London: Cass3. Newspapers, Reports and papersAgnouche, A ‘Reflections on the problematic constitutionalisation Tamazight. Constitution languageconvicted along with the language of the ruling independence’ (2003) Newspaper N278 in ArabicSamia, S Desk Review on North Africa Unpublished ILO paperShelley, T ‘Black gold or another black eye in Morocco?’ The Daily Star 13 October 2003Websiteshttp://www.africa-union.orghttp://www.amasighworld.orghttp://www.ilo.orghttp://www.ircam.mahttp://www.minorityrights.orghttp://www.Rdh50.ma 25  
  • 29. http://www.un.org/News/press/docs/2007  26