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This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection of
the rights of indigenous peoples in South Africa.
                                                                                                                                                                     Country Report of the Research Project by
This 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 on
Working Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, acting
as implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts                                 the constitutional and legislative protection of
on 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
Copyright © 2009 International Labour Organization and African Commission on Human & Peoples’ Rights
First published 2009


For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rights
and 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/ACHPR
Morocco : constitutional, legislative and administrative provisions concerning indigenous peoples / International
Labour Office. - Geneva: ILO, 2009
1 v.


ISBN: 978-92-2-122820-2 (web pdf)


Indigenous people / economic and social rights / cultural rights / administrative aspect / constitutional law /
legislation / comment / Morocco
14.08




                                                                             ILO Cataloguing in Publication Data




The designations employed in this publication, and the presentation of material therein do not imply the
expression of any opinion whatsoever on the part of the International Labour Office and the African
Commission on Human & Peoples’ Rights concerning the legal status of any country, area or territory or of its
authorities, or concerning the delimitation of its frontiers.

The ILO and the African Commission on Human & Peoples’ Rights shall accept no responsibility for any
inaccuracy, errors or omissions resulting from the use of the data.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with
their authors, and publication does not constitute an endorsement by the International Labour Office and the
African Commission on Human & Peoples’ Rights of the opinions expressed in them.
MOROCCO: CONSTITUTIONAL, LEGISLATIVE AND ADMINISTRATIVE PROVISIONS
                               CONCERNING INDIGENOUS PEOPLES


Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated),
Morocco: Constitutional, legislative and administrative provisions concerning indigenous
peoples

Table of contents                                                              Pages


Part I: Introduction to indigenous peoples, the country and its legal system           2
1       Indigenous peoples in the country - Basic situational overview                 2
1.1     Indigenous people: Demographic details, main economic sources and              3
        livelihood and cultural life-style
1.2     Background to the country                                                      4
1.2.1   Pre-colonial history                                                           4
1.2.2   Colonial history                                                               4
1.2.3   Post-colonial history and current state structure                              5
1.2.4   Role of media and civil society                                                6
1.3     Background to the legal system                                                 7
1.3.1   Legal system and sources of law                                                7
1.3.2   Court structure                                                                7
1.3.3   Status of international law and ratifications                                  8
1.4     Institutional and policy bodies protecting indigenous people                   9


Part II: Legal protection of indigenous peoples in Morocco                             11
1.      Recognition and identification                                                 11
2.      Non-discrimination                                                             11
3.      Self-management                                                                13
4.      Participation and consultation                                                 14
5.      Access to justice                                                              15
6.      Cultural and language rights                                                   16
7.      Education                                                                      17
8.      Land, natural resources and environment                                        18
9.      Socio economic rights (housing, health, social welfare, intellectual           20
        property, traditional economy, employment and occupation)
10.     Gender equality                                                                20
11.     Indigenous children                                                            20
                                                                                            0 

 
Part III: Conclusions and recommendations   21
1.     Conclusions                          21
2.     Recommendations                      22


Part IV:      Bibliography                  23




                                                 1 

 
Part I:             Introduction to indigenous peoples, the country and its legal system


1             Indigenous peoples in the country – basic situational overview
Imazighen are the indigenous peoples of Morocco 1 and Tamazight is the language they speak. The
word ‘Imazighen’ is the plural form of ‘Amazigh’, which is the name the Berbers use to refer to
themselves. The ancient Egyptians and historians used to refer to them with different pronunciation
and spelling, for example as Masaws. 2 In the sixth century BC, the Greek historian Hekataios
mentioned Imazighen as Mayzyes, whereas the Latin historian Herodotas in the fifth century BC
called them Maxyes. However, all the names given to the Imazighen essentially stem from the
Numidian people. 3


The Berber population in Morocco wants recognition of their indigenous identity, their Tamazight
language as well as respect for their Berber culture. 4 Their core demand focuses on recognition of
Tamazight as an official language in Morocco, and for educational, social and economic policies to
redress the multitude injustices inflicted on the Berbers during the colonial and independence eras. 5
The Berbers are citizens of an Arab-Islamic state, in which the Arabic language and its associated
culture 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 the
Moroccan nation. 6 The Berbers consider the ‘Arabisation’ policy, promoted by the Moroccan
government since independence, as a denial of their cultural and linguistic Imazighen identity. 7 Apart
from the nationalist movement, which focuses on Arabic, ‘Arabisation’ and the preservation of the
Morocco Union, most political parties after independence did not take a clear stand on issues related to
the Amazigh language and culture. It was only in 1990 that political parties hesitantly showed their
support 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 

 
Berber associations claim that denying the Amazigh language and culture is a particular human rights
violation. Violations of cultural rights are contrary to the African Charter, which states that all peoples
have a right to a culture and identity. 9 Moreover, it is a violation of article 2 of the African Charter on
Human and Peoples’ Rights (African Charter), which states that ‘every individual shall be entitled to
the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter, without
any distinction of such kind of race, ethnic group, colour, sex, language, religion, political or any
opinion, national and social origin, fortune, birth or other status’.


1.1 Indigenous peoples: demographic details, main economic sources and livelihood and cultural
       life-style
Imazighen 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 their
herds and gathered food from the land. In the past, Imazighen have served in the Spanish army and
conducted seasonal work in Algeria. After Morocco gained independence, they looked for
employment in the South and went to cities such as Oujda, Fez, Meknes and Casablanca. The
Imazighen emigrants found it difficult to find a balance between their population size and the available
natural resources.


The major Berber community in Morocco -. the Shleuh - occasionally breed sheep in the Western high
Atlas, but in general are mostly inactive. Agriculture is difficult to pursue and of little benefit due to
the scarcity of soil in the mountainous terrain. Moreover, the Anti-Atlas and the adjacent plain close to
the 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 a
great influence on Berber communities. Although they disagreed violently over certain dogmas, both
involved 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 between
these different Berber dialects (predominately phonology and lexicon) is because of the geographical
distance between the regions, and the consequent prolonged absence of social interaction between
speakers 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 

 
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) 11

Morocco’s population in 2004 totalled 29 891 708, an increase of 6 per cent from 1994. 12 The
urbanisation rate is 55.1 per cent, and the average annual population growth was 1.4 per cent between
1982 and 1994. Approximately a third of the population is concentrated in large regions of
Casablanca, Massa-Draa and Marrakech. There is no official census data to determine the size of the
Berber population in Morocco.


1.2           Background to the country
1.2.1         Pre-colonial history
For a long time it was believed that the Imazghen, the Berbers, did not have a culture of their own. A
dominant view of the West after the colonisation of African territory was that Africa did not have a
history, and its people did not have culture and traditions. This view is typically Eurocentric, since the
understanding 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 Imazighen
have contributed significantly to identify the foundations of the great civilizations and cultures that
followed 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 lifestyle
prohibited them from entering into deeply rooted ties with existing civilizations. Their culture mainly
revolves around two aspects. The first aspect is that of the Imazighen themselves. Imazighen view
their 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 History
Morocco 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 

 
southern and northern Morocco. After the enactment of the Algeciras Act the French and the Spanish
started to actively penetrate the mandated areas. To justify their actions, both countries stated that they
were 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 gain
effective control of Northern Morocco. Spanish protectorates were to be administered by a deputy
Sultan, a Khalifa, according to a traditional hierarchy of administrators, judges and local officials. The
Spanish authorities, however, controlled the choice of the Khalifa and therefore were omnipresent at
all levels of the protectorate’s administration.


Until the mid 1950s, the Spanish colonial administration controlled the political and economic area
encompassing Northern Morocco. For an ambitious Tribesman there was no apparent alternative but to
operate through the Makhzan 13 or with Makhzan approval. This led to the absorption of the bilad as-
siba 14 into the bilad al-makhzan. 15


1.2.3         Post-colonial history and current state structure
After gaining independence, efforts were made to re-organise the judicial system. The urban elite were
however blind to the sociological reality in the country 16 .and adopted solutions and measures taken
from abroad. 17 This ultimately led to the erosion of customs within tribes, since the administrative and
economic development strategy ignored local cultural particularities.


Since its independence in 1956, Morocco has had five constitutions. 18 All provided for democratic
social and constitutional monarchies, 19 and all stipulated that the Kingdom of Morocco is an Islamic
state with Arabic as its official language. 20 The monarchy remains the institutional pillar, as reflected
by the country’s motto: ‘The God, the Country, the King’. 21 With the revisiting of the constitution on
13 September 1996, various new elements were introduced. A bicameral system was established by
means 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 

 
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 all
rights and liberties enjoyed by citizens, social groups and organisations. 22 Consequently, he is the
protector of the national independence and the territorial integrity of the Kingdom. The King exercises
his powers by appointing the Prime Minister, 23 terminating the government on his own initiative or in
case of resignation, and functions as the Chair in Cabinet meetings. Finally, the King signs and ratifies
international treaties.


Morocco is divided into ten regions, which in turn are subdivided into 24 prefectures and 31 additional
provinces, each of which is composed of urban and rural municipalities. Municipal and provincial
authorities are elected through proportional representation and include representatives of various
professional bodies. Morocco’s judiciary system is independent from both the legislative and
executive powers, thereby adhering to Montesqui’s Trias Politica.


The Moroccan Parliament comprises the House of Representatives and the House of Counsellors. Both
are 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 a
nine-year term by indirect universal suffrage. Three-fifths of its members are elected at each region by
an electoral college composed of representatives of local councils. The remaining two-fifths of its
members are elected in each region by electoral colleges composed of elected members of professional
chambers and members elected at the national elections by an electoral college of wage-earners
representatives.


The executive branch of the government is composed by the Prime Minister and the Council of
Ministers, which is accountable to Parliament and the King. The Council of Ministers enforces laws
and manages the state’s administration. The Prime Minister has the power to enact regulations 24 and
may delegate certain power to Ministers. 25 The King presides over the Council of Ministers.


1.3.4         Role of the media and civil society
The audio and visual media, such as television and radio, are controlled by the state. The languages
used in television programmes are only Arabic and French. The Moroccan body in charge of
audiovisual media does not take into account social and cultural particularities relating to
multilingualism. 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 

 
practiced within communities. Multilingualism therefore presents difficulties within the audio and
visual media. The written media, in French and Arabic, is hampered by high levels of illiteracy. The
institutionalisation of multilingualism in the written media depends on the promotion of literacy and a
culture of reading.


There are various Amazigh organisations promoting language, culture, civilization and the Amazigh
identity. The Moroccan Association of Researchers and Cultural Exchange (AMREC) was founded in
1967 by a group of Amazigh students, and it is the first established Amazigh association. During the
1970s and 1980s more organisations came into existence, such as the Association from the Maghreb
Knowledge and Culture, Cultural Association Amazigh which later became the Tamaynut Association,
Association Cultural Ilmas, Association Tamesna and more. These organisations are engaged in
projects aimed at, among other things, educating and raising awareness among the Imazighen on the
effects of marginalisation, and the risks of assimilation in urban circles. They furthermore initiated
cultural meetings.


In the 1980s, the first collective text drafted by an Amazigh organisation - the Charter of Agadir - was
adopted to promote the linguistic and cultural rights of the Imazighen. The signatories were AMREC,
Tamaynut Association, Association of Summer University, Ghereis ‘Tellili’ Association, Ilmas
Association and the Cultural Association of Sous. The adoption of the Charter of Agadir represents a
watershed for the Amazigh movement since it encourages an evolution in the co-ordination of the
movements 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 system
1.3.1   Legal system and sources of law
According to article 82 of the Kingdom’s Constitution, the judicial authority must be independent
from the legislative and executive powers. The legal framework of Morocco comprises three types of
legal provisions: 1) customary norms and rules of Islamic law, inspired by the Malikite School of
jurisprudence; 2) rules of positive law; and 3) provisions inspired by French law. These legal systems
often coexist side by side.


The law-making process in Morocco is weak, resulting into poorly-drafted laws. Legal education is
inadequate due to an education system that relies upon an outdate curriculum, offered in Morocco’s
two competing languages, French and Arabic. Choosing either one of these languages determines the
students’ future career possibilities. The training of legal professionals is minimal and there is little
supervision available. The institution responsible for the training of the judiciary is the professional
                                                                                                       7 

 
college INEJ. Although it has just started to improve its curriculum, there is a long way to go if it
wants to reach the right professional quality and judiciary aspired to by the country. Oversight of the
principal legal professions (lawyers, notaries, experts, judges) remains inadequate, and the same is true
for their professional organisations. Of serious concern is the limited access to legal information of the
general public and the restriction of legal aid to criminal proceedings. Although there are plans to
rationalise and simplify the Moroccan judicial system, which is composed of about 1109 courts, its
reform is not seen as a priority. Although some progress has been made, this is still not sufficient to
qualify the system as efficient and pro-active. Efforts should also be made to develop standard
measurement techniques, so to be able to have realistic and reliable information on the progress of
cases. With the assistance of several donors, the Ministry of Justice developed a programme for court
computerisation which still has to be implemented throughout the entire court system.


1.3.2         Court Structure
Article 1 of the Decree 1-74-338, issued on 15 July 1974, determines that the judicial organisation of
the Kingdom encompasses common law jurisdiction, specialised jurisdiction and exceptional
jurisdiction. Common law jurisdiction is composed of 837 communal and district courts, 68 courts of
first 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, three
appellate 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 been
used, with the exception of acts registered in the trade registers, which are still accepted in French.


1.3.3         Status of international law and ratifications
The Preamble of Morocco’s Constitution demands respect for the principles, rights and obligations set
out in applicable charters and treaties. It reaffirms its determination to abide by universally-recognised
human rights, and to continue its steady endeavours towards the safeguarding of international peace
and security. 27 Consequently, the King accredits ambassadors to foreign nations, and representatives
of international organisations must be accredited to him. 28 The King furthermore has the authority to
sign and ratify treaties. Treaties concerning state finances, however, will not be ratified without having
been approved under Moroccan law. Furthermore, treaties likely to affect the constitutional provisions
must 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 

 
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 1995

Relevant 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 2001

AU 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 

 
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 peoples
Under the reign of King Hassan II, Morocco sought to promote and reinforce human rights. In 1990
the consultative council for human rights was created, followed in 1993 by the creation of a ministry in
charge of human rights. 29 Projects have been initiated to promote human rights and facilitate cultural
dialogue. Furthermore, new authorities have been started, such as the Commission of Equity and
Reconciliation, 30 a pioneer in the Arab and Islamic world. Another important development is the
establishment of the organisation Diwan Alemadalim 31 in December 2001, 32 which functions as an
arbitrator between citizens and the administration. Its tasks are to combat corruption, the misuse of
power and injustice, and protect the rights of the child. Diwan Alemadalim moreover promotes the
image 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 

 
Part II:            Legal protection of indigenous peoples in Morocco


1             Recognition and identification
The first attempt to establish a written constitutional document, codifying the relationship between the
ruler and the ones being ruled and addressing issues of identity, was in October 1908. The document
does not discuss the issue of language. After independence, cultural issues and problems regarding the
official language have been the focus of various national movements. In 1961, under King Hassan I, a
judicial document was adopted, creating the Moroccan state, or ‘Arab Islamic Kingdom’. In article 14
the state is urged to look after Islamic Arab education and article 3 stipulates that Arabic is the official
and national language of Morocco. 33 The Constitution in 1962 differed from the basic law in 1961 in
that the Kingdom of Morocco was stated to be a sovereign Islamic state with Arabic as its official
language.


The question of recognising the Amazigh culture, including its language, in Morocco’s Constitution is
to 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 the
Amazigh’s existence as indigenous peoples and thus ignore their rights. However, on July 2001 King
Mohamed VI declared that the Amazigh identity contributed to Morocco’s national wealth. He
furthermore announced the creation of a Royal Institute for Amazigh Culture (IRCAM). The absence
of constitutional recognition nevertheless remains.


Some representatives of the Minister of Interior and local authorities have no objection to working
with Amazigh associations and their representatives. However, the majority of the population prefer
them to settle down, abandon their traditional way of life and consequently adapt to the dominant
Moroccan 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 in
their situation. The Amazigh who have been driven out of their region have become very poor and
marginalised from society, especially if they do not speak Arabic. The rural world in which the
Amazigh 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 

 
social transformation, and the disparities between city and countryside become more and more
evident, and call for a dual social and economic response. 34


2             Non-discrimination
According to article 5 of the African Charter, every individual has the right to dignity. Article 9 states
that all peoples shall be equal and enjoy the same rights. The Moroccan Constitution provides that all
Moroccan citizens are equal before the law 35 . The Constitution furthermore guarantees to all citizens
the 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 are
uniformly open to all citizens 37 . All citizens furthermore have equal rights in seeking education and
employment. 38


Article 9 of the law on Moroccan nationality 39 provides that the Moroccan nationality is acquired by
birth, except where the Minister of Justice opposes this. However, Amazigh people, especially
Amazing from the South, usually lack birth certificates. As a result, the law setting out the
requirements for foreigners to obtain Moroccan nationality, including the requirement of a sufficient
knowledge of the Arabic language, also applies to them. Articles 26 and 27 provide for Moroccan
nationality for every foreign relative having a usual and regular residence in Morocco. Article 12 states
that foreigners wanting Moroccan nationality by naturalisation have to show that they fulfil the
conditions 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 

 
-      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-management
During the French colonial era, and as part of a modernisation process, tribes were put under state
control by transforming the ancient senate of free tribes into a local authority strictly controlled by the
central power. 40 After Morocco acquired independence this power structure was maintained. The local
government of the Kingdom is composed of regions, provinces and communes, and no other form of
local government may be established except by law. 41 Every local government has to be elected, so to
be accountable on the basis of democratic principles and in accordance with provisions defined by
law. 42 Decentralisation has been a key aspect to Morocco’s government structure. General elections
have 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 training
of elected officials, mismanagement and sometimes ineffective territorial protection are some of the
factors negatively affecting human development in many rural as well as urban communities. In
addition to these problems, there is a centralised culture, resisting change and objecting to delegation
due to an overall mistrust. With the exception of certain pioneering administrations, decentralisation
therefore fails to operate in a diligent and consistent manner. Those in favour of decentralisation
believe themselves to be stuck in a vicious circle, in which the mishaps of decentralisation function as
legitimacy for those supporting a more centralised structure. The deficits of decentralisation
meanwhile undermine the possibility of efficient and coherent territorial governance.


The implementation of decentralisation in the 1960s primarily appears to have served the desire for
political supervision rather than responding to concerns regarding adapting public administration to the
needs of local development. Indeed, the objective in 1960 was first and foremost to reconstitute local
elites, and this imperative certainly gained precedence over administrative and technical
decentralisation. 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 

 
decentralised system failed to come to existence. Guardianship repressed a true and liberating
decentralisation process. In many cases the persistence of a fierce ‘substitute guardianship’ functioned
as a hindrance instead of an institutive guardianship.


At the central administrative as well as the decentralised level of governance serious failures existed
and - 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                     the
proclamation of a good-management pact, improved transparency, the introduction of equitable
regulations with regard to human resource management, the creation of regional accounting courts,
judicial reforms with the creation of administrative and commercial tribunals, and more frequent
recourse to external audits.


4             Participation and consultation
According to Morocco’s constitution, sovereignty belongs to the people, who consequently shall
exercise 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 representation
of citizens 44 . Moreover, any citizen of age enjoying his or her civil and political rights shall be eligible
               45
to vote.            Public meetings are free and open to the public 46 . All citizens are recognised freedom of
association, 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 by
the Home Office, such as the Amazigh Moroccan Democratic Party and the Andaz Amazigh
Association to Elhajeb, the Imal Association to Mast and the Izuran Association to Lakhssas. As a
result, 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 

 
The Amazigh requested the government to start a nationwide debate about the issue, a debate governed
by rationality, logic and conducted in a calm context. They requested political parties, participants in
today’s governments, to educate those brought up in the ‘independence era’ who have fanatical idea
about Arab nationalism and consequently deny Amazigh. Political parties and the media seem to focus
more on problems concerning other parts of the world, in particular the Middle East, than about
Moroccan 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 first
program statement delivered at a special session in Parliament. He contributed in reducing the
misunderstanding between the Amazigh youth and Arab youth.


Due to their inadequate knowledge of Moroccan Arabic, let alone classical Arabic, Imazighen often
refrain from any political activity. Official activities ought to be practised in articulate Arabic, and the
importance 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 by
the competition into which members of Parliament engage in when they rival in ‘decorating’ their
speeches with appropriate and inappropriate ‘eloquent’ expressions. It is also supported by documents
reporting 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 strengthen
democratic practises to be ineffective.


5             Access to justice
As previously mentioned in Section I, the limited access to legal information of the general public and
the restriction of legal aid only to criminal procedures are of great concern. Access to justice for the
Imazighen is even more problematic since the current Constitution and the court system clearly ignore
their rights as indigenous peoples. As a consequence, Amazigh cannot make a claim to any of these
rights.


During the time that Morocco was a protectorate, customary law formed one of the pillars of the legal
system. It has not been abolished since from the judicial organisation. The state and national
movements desired unification of Moroccan laws, and therefore wished to eliminate anything that was
threatening, in their view, national unity. 49 In this context, the first action taken immediately after
independence 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 

 
mentioned above, were blind to the sociological reality in the country 50 and in order to address issues
they adopted solutions and measures taken from abroad. 51 This ultimately led to the erosion of
customs within tribes, since the administrative and economic development strategy ignored
particularities of local culture. In 1974, the independent authorities tried to restore respect for the
application of local customs in many regions of the Moroccan desert through the judicial organs within
the judicial organisation of the new Kingdom. 52 These courts, known as juvenile and provincial
groups, are based on tribal customs.


6        Culture and language rights
The loss of productive resources has negatively impacted the Amazigh culture, and so has the denial
of their right to maintain the livelihood of their choice and to retain and develop their culture and
cultural identity according to their own wishes. A policy of ‘Arabisation’ has been promoted by the
Moroccan government since it gained independence, consequently adopting Arabic as Morocco’s
official language.


In the absence of any legislative text stipulating principles and criteria on which an official language
policy in Morocco could be based, this status can only be regarded as de facto. However, Arabic is
recognised as the official language of the Kingdom. The Constitution’s Preamble recognises it as the
sole national language. Morocco’s government continues to suppress the Tamazight language as a
symbol of Berber identity and their cultural rights. Tamazight is not officially recognised, is not taught
in the educational system, and has not been given the same status as Arabic. Practising the Tamazight
language is not allowed in public administration, and laws forbid the use of Tamazight in courts. As a
result, Imazighen, especially those who do not speak Arabic, are actually excluded from society and in
that way made second-class citizens 53 .


The Imazighen strongly oppose the argument that Arabic is the sole Muslim language. They state that
this reasoning is not supported by the Quran since, among other things, the prophet said that ‘an Arab
has no merit over a non-Arab’. Imam Ali furthermore preached to learn languages, since ‘each
language 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 consider
themselves 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 

 
therefore strongly believe that those who undervalue their language are doing the same to their very
existence. The exclusive emphasis on Arabic not only hampers and assimilates Imazighen, but also
implicitly teaches them to feel ashamed of and despise their culture. It is acknowledged that Tamazight
has been discriminated against by these policies.


However, some positive developments have recently been taking place. On 31 July 2001, King
Mohammed VI declared the recognition of the Amazigh cultural identity. After 45 years of
independence, this was the very first declaration about the multi-dimensional aspect of Moroccan
identity, and of the fact that, just as Arabic, Islamic, African and Andalusian influences, the Amazigh
is 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 Administrative
Council of the Institute consists of 32 members, seven of whom are government representatives from
ministries and universities. The other members belong to the Amazigh movement, or are individuals
supporting 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             Education
Article 1 of Dahir N 04-2000, B.O N4800 of 1 June 2000 stipulates that all Moroccan children of both
sexes having reached the age of 6 years have the right and the duty to education. The state makes a
commitment to assure them education free of charge in the closest public educational establishment at
their place of residence. Parents and guardians are obliged to make sure that their child(ren) enjoy
education 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 

 
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 the
knowledge they acquired during their early childhood and their modes of communication, that is to say
the Tamazight language.


Textbooks are biased by religious aspects. Even in scientific and technical disciplines little room is left
for objectivity and critical perspectives. Everything that is Arabian-Islamic is regarded as sacred. This
is reflected in textbooks and led to a complaint by hundreds of Imazighen in April 2004 against the
Minister of National Education. The complaint was rejected on the ground that the plaintiffs had no
right to speak in the name of all Amazighs of Morocco. Children’s interests and rights to their
personality, language and culture are repeatedly violated.


Imazighen requested the government to draft bills aimed at promoting the teaching of Tamazight in
school, universities and institutes. They strive for the creation of scientific institutions capable of
codifying 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. At
university level, only one institution offered it as a subject. 56 The new education reform, as stated in
the Education Charter formation 57 provides for the teaching of Tamazight in some schools, but is
limited to Berber-speaking areas where it can be used to facilitate the teaching of Arabic at the primary
level.


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 both
adults’ and children’s awareness concerning the plurality in their country. This approach will stimulate
people to learn a second language while remaining proud of their own language, and will prevent
stigmatisation. In addition, to be truly successful, literacy lessons should be in the local language of
the students. Only when they are fully capable in all aspects of their first language should Arabic and
French be introduced as a secondary and third language, and not as a means of instruction. 58


Despite the expectations expressed mainly by Berber cultural associations to fully integrate Tamazight
at 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 

 
educational authorities can select Tamazight or any local dialect facilitating learning in the official
language in the first cycle of primary education. The authorities have to develop education and make
available training for national authorities, so to gradually provide the necessary support to educators.


8             Land, natural resources and environment
The 1912 French colonial decree allowing the government to seize communal land from indigenous
peoples is still on the books. A decree from 1919 authorised limited collective ownerships rights under
government guidance, and in 1951 Amazigh mining rights were recognised. 60 However, except in
areas 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. This
practice should be seen in the context of Morocco’s issue of relying heavily on foreign oil, and
disregarding Amazigh land claims so to be able to exploit new-found oil reserves in Morocco. 61


In 2000, Lone Star Energy signed several contracts with the Moroccan government to exploit oil fields
on Amazigh lands near Talsinnt in the High Atlas Mountains. Estimates were originally as high as 20
billion barrels of oil, with revenue estimates upwards of $800 million a year. But the numbers quickly
fell, and in 2003 Lone Star produced only 10 million barrels, or less. 62 Since the drilling began, the
local Amazigh population has been denied access to areas near the oil rigs. No compensation has been
granted for the land occupied by the drilling company. Nor have Imazighen received a share in the
profits. This clearly violates article 1 of ICCPR, and is in contrast with articles 10, 11, 26, 28 and 32 of
the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which guarantees indigenous
peoples 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. As
stressed by the UN Permanent Forum on Indigenous Issues, prior consultation with tribal leaders and
participation 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 

 
important benchmarks for projects on indigenous lands, 63 and the Moroccan government should
adhere to this. Adequate protection of land rights and the ability of indigenous peoples to freely pursue
their economic and cultural development, and the protection of their cultural heritage and identity are
directly linked. The relative poverty of the Amazigh, the continuing loss of their language and a high
rate of assimilation are partially explained by this very fact, ie the lack of access to their traditional
lands and their inability to exploit the resources (both surface and subsurface) of these territories. It is
essential that Morocco expands the opportunities for Amazigh participation in decision-making in
matters relating to their lands, resources and economic and social development. Administrative or
judicial procedures should be made accessible, so to enable indigenous peoples to seek remedies and
enforce 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 the
rural population has to travel over ten kilometres to access medical facilities. 42 per cent of the basic
facilities, 75.5 per cent of maternity wards and 74.3 per cent of the hospitals are situated over 5
kilometres from rural areas. Recently, health indicators appear to have deteriorated, with infant
mortality rates stagnating instead of lowering and infectious diseases increasing. 64


Current development policies involve numerous activities that potentially could benefit indigenous
peoples. Yet, project reports on Morocco do not refer to Amazigh people at all.


10            Gender equality
The 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 underdevelopment
of women regarding this aspect is especially worrisome if one realises that women constitute about
half 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 partly
caused 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 

 
On 26 January 2004, Parliament adopted a new Family Code. The Family Code regards gender
equality as a fundamental principle of Moroccan society, and sees it as a basis for strengthening the
family unit, while keeping in mind the interests of children, who are of primary importance to
Morocco.


The ratio of women representation in Parliament increased from 0.6 per cent in the 1997 elections to
10.8 per cent in the 2007 elections. The present Parliament consists of 35 women.


10     Indigenous children
See sections 6 and 7 above, concerning, respectively, language and education.




                                                                                                  21 

 
Part III: Conclusions and recommendations


1        Conclusions
Positive developments have recently taken place. On 31 July 2001 King Mohamed VI recognised the
Amazigh 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 and
Andalusia 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 are
government representatives from ministries and universities. The other members belong to the
Amazigh movement, or are individuals supporting it. This cleared the way for dialogue at a higher
level.


2   Recommendations
The Amazigh movement has made various claims and drafted several proposals which are expressed
in a number of documents and declarations, such as the Agadir Charter of 1999 and the Memorandum
for 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 and
their 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 

 
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 

 
 

Part IV: Bibliography


1.      Books and articles
Chafiq, M A brief survey of thirty-three centuries of Amazigh history (translated from Arabic
by Ali Azeriah) (2005) IRCAM


Encyclopaedia Berber IV


Extra, G and Gorter, D The other languages of Europe: Demographic, sociolinguistic, and educational
perspectives (2001) Clevedon: Multilingual Matters


Gellner, E and Micaud, CA Arabs and Berbers: From tribe to nation in North Africa (1973) London:
Duckworth


Inaja, M Attitude towards Amazigh language and culture (2006)


Diana Vinding (Ed.) The Indigenous world 2002/2003 (2003) Copenhagen: International Work Group
for Ingigenous Affairs


Leyeau, J Le fellah marocain défenseur du Trône (1976) Paris: Presses de la Fondation Nationale des
Sciences Politiques


Maddy-Weitzman, B ‘Ethno-politics and globalization in North Africa: The Berber culture movement’
2(1) (2006) Journal of North Africa studies 71


Milliot, J Principles de colonisation et de legislation coloniale (1936) Paris: Librairie du Recueil Sirey


Montagne, R The Berbers: their social and political organization (1973) London: Cass


Saaf, A De la politique juridique au Maroc in droit et environnement social au Maghreb (1989)
Cassablanca: CNRS, Paris / Fondation Ibn Saud


Seddon, JD Local politics and state intervention; northeast Morocco from 1870 to 1970 (1973) Great
Britain: Ebenezer Baylis and Son

                                                                                                             24 

 
Suleiman, Y (ed) Language and Society in the Middle East and North Africa: Studies in variation and
identity (1999) Surrey: Curzon


Waterbury, J Ownership and political elites in Morocco (1984) Beiryt: Unity House


2.        Chapters in books
Adam, A ‘Berber migrants in Casablanca’ in Gellner, E and Micaud, CA (eds) Arabs and Berbers:
From tribe to nation (1973) London: Duckworth


Faiq, 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: Curzon


Jilali, S ‘Berber migrants and Arabic in Morocco’ in Extra, G and Gorter, D The other languages of
Europe: Demographic, sociolinguistic, and educational perspectives (2001) Clevedon: Multilingual
Matters


Seddon, JD ‘Local politics and state intervention; Northeast Morocco from 1870 to 1970’ in
Montagne, R The Berbers; their social and political organization (1973) London: Cass


3.        Newspapers, Reports and papers
Agnouche, A ‘Reflections on the problematic constitutionalisation Tamazight. Constitution language
convicted along with the language of the ruling independence’ (2003) Newspaper N278 in Arabic


Samia, S Desk Review on North Africa Unpublished ILO paper


Shelley, T ‘Black gold or another black eye in Morocco?’ The Daily Star 13 October 2003


Websites
http://www.africa-union.org
http://www.amasighworld.org
http://www.ilo.org
http://www.ircam.ma
http://www.minorityrights.org
http://www.Rdh50.ma
                                                                                                 25 

 
http://www.un.org/News/press/docs/2007
 




                                         26 

 

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Country reports morocco

  • 1. This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection of the rights of indigenous peoples in South Africa. Country Report of the Research Project by This 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 on Working Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, acting as implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts the constitutional and legislative protection of on 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’ Rights First published 2009 For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rights and 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/ACHPR Morocco : constitutional, legislative and administrative provisions concerning indigenous peoples / International Labour Office. - Geneva: ILO, 2009 1 v. ISBN: 978-92-2-122820-2 (web pdf) Indigenous people / economic and social rights / cultural rights / administrative aspect / constitutional law / legislation / comment / Morocco 14.08 ILO Cataloguing in Publication Data The designations employed in this publication, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office and the African Commission on Human & Peoples’ Rights concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The ILO and the African Commission on Human & Peoples’ Rights shall accept no responsibility for any inaccuracy, errors or omissions resulting from the use of the data. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office and the African Commission on Human & Peoples’ Rights of the opinions expressed in them.
  • 3. MOROCCO: CONSTITUTIONAL, LEGISLATIVE AND ADMINISTRATIVE PROVISIONS CONCERNING INDIGENOUS PEOPLES Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated), Morocco: Constitutional, legislative and administrative provisions concerning indigenous peoples Table of contents Pages Part I: Introduction to indigenous peoples, the country and its legal system 2 1 Indigenous peoples in the country - Basic situational overview 2 1.1 Indigenous people: Demographic details, main economic sources and 3 livelihood and cultural life-style 1.2 Background to the country 4 1.2.1 Pre-colonial history 4 1.2.2 Colonial history 4 1.2.3 Post-colonial history and current state structure 5 1.2.4 Role of media and civil society 6 1.3 Background to the legal system 7 1.3.1 Legal system and sources of law 7 1.3.2 Court structure 7 1.3.3 Status of international law and ratifications 8 1.4 Institutional and policy bodies protecting indigenous people 9 Part II: Legal protection of indigenous peoples in Morocco 11 1. Recognition and identification 11 2. Non-discrimination 11 3. Self-management 13 4. Participation and consultation 14 5. Access to justice 15 6. Cultural and language rights 16 7. Education 17 8. Land, natural resources and environment 18 9. Socio economic rights (housing, health, social welfare, intellectual 20 property, traditional economy, employment and occupation) 10. Gender equality 20 11. Indigenous children 20 0   
  • 4. Part III: Conclusions and recommendations 21 1. Conclusions 21 2. Recommendations 22 Part IV: Bibliography 23 1   
  • 5. Part I: Introduction to indigenous peoples, the country and its legal system 1 Indigenous peoples in the country – basic situational overview Imazighen are the indigenous peoples of Morocco 1 and Tamazight is the language they speak. The word ‘Imazighen’ is the plural form of ‘Amazigh’, which is the name the Berbers use to refer to themselves. The ancient Egyptians and historians used to refer to them with different pronunciation and spelling, for example as Masaws. 2 In the sixth century BC, the Greek historian Hekataios mentioned Imazighen as Mayzyes, whereas the Latin historian Herodotas in the fifth century BC called them Maxyes. However, all the names given to the Imazighen essentially stem from the Numidian people. 3 The Berber population in Morocco wants recognition of their indigenous identity, their Tamazight language as well as respect for their Berber culture. 4 Their core demand focuses on recognition of Tamazight as an official language in Morocco, and for educational, social and economic policies to redress the multitude injustices inflicted on the Berbers during the colonial and independence eras. 5 The Berbers are citizens of an Arab-Islamic state, in which the Arabic language and its associated culture 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 the Moroccan nation. 6 The Berbers consider the ‘Arabisation’ policy, promoted by the Moroccan government since independence, as a denial of their cultural and linguistic Imazighen identity. 7 Apart from the nationalist movement, which focuses on Arabic, ‘Arabisation’ and the preservation of the Morocco Union, most political parties after independence did not take a clear stand on issues related to the Amazigh language and culture. It was only in 1990 that political parties hesitantly showed their support 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 rights violation. Violations of cultural rights are contrary to the African Charter, which states that all peoples have a right to a culture and identity. 9 Moreover, it is a violation of article 2 of the African Charter on Human and Peoples’ Rights (African Charter), which states that ‘every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter, without any distinction of such kind of race, ethnic group, colour, sex, language, religion, political or any opinion, national and social origin, fortune, birth or other status’. 1.1 Indigenous peoples: demographic details, main economic sources and livelihood and cultural life-style Imazighen 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 their herds and gathered food from the land. In the past, Imazighen have served in the Spanish army and conducted seasonal work in Algeria. After Morocco gained independence, they looked for employment in the South and went to cities such as Oujda, Fez, Meknes and Casablanca. The Imazighen emigrants found it difficult to find a balance between their population size and the available natural resources. The major Berber community in Morocco -. the Shleuh - occasionally breed sheep in the Western high Atlas, but in general are mostly inactive. Agriculture is difficult to pursue and of little benefit due to the scarcity of soil in the mountainous terrain. Moreover, the Anti-Atlas and the adjacent plain close to the 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 a great influence on Berber communities. Although they disagreed violently over certain dogmas, both involved 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 between these different Berber dialects (predominately phonology and lexicon) is because of the geographical distance between the regions, and the consequent prolonged absence of social interaction between speakers 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) 11 Morocco’s population in 2004 totalled 29 891 708, an increase of 6 per cent from 1994. 12 The urbanisation rate is 55.1 per cent, and the average annual population growth was 1.4 per cent between 1982 and 1994. Approximately a third of the population is concentrated in large regions of Casablanca, Massa-Draa and Marrakech. There is no official census data to determine the size of the Berber population in Morocco. 1.2 Background to the country 1.2.1 Pre-colonial history For a long time it was believed that the Imazghen, the Berbers, did not have a culture of their own. A dominant view of the West after the colonisation of African territory was that Africa did not have a history, and its people did not have culture and traditions. This view is typically Eurocentric, since the understanding 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 Imazighen have contributed significantly to identify the foundations of the great civilizations and cultures that followed 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 lifestyle prohibited them from entering into deeply rooted ties with existing civilizations. Their culture mainly revolves around two aspects. The first aspect is that of the Imazighen themselves. Imazighen view their 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 History Morocco 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 Spanish started to actively penetrate the mandated areas. To justify their actions, both countries stated that they were 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 gain effective control of Northern Morocco. Spanish protectorates were to be administered by a deputy Sultan, a Khalifa, according to a traditional hierarchy of administrators, judges and local officials. The Spanish authorities, however, controlled the choice of the Khalifa and therefore were omnipresent at all levels of the protectorate’s administration. Until the mid 1950s, the Spanish colonial administration controlled the political and economic area encompassing Northern Morocco. For an ambitious Tribesman there was no apparent alternative but to operate through the Makhzan 13 or with Makhzan approval. This led to the absorption of the bilad as- siba 14 into the bilad al-makhzan. 15 1.2.3 Post-colonial history and current state structure After gaining independence, efforts were made to re-organise the judicial system. The urban elite were however blind to the sociological reality in the country 16 .and adopted solutions and measures taken from abroad. 17 This ultimately led to the erosion of customs within tribes, since the administrative and economic development strategy ignored local cultural particularities. Since its independence in 1956, Morocco has had five constitutions. 18 All provided for democratic social and constitutional monarchies, 19 and all stipulated that the Kingdom of Morocco is an Islamic state with Arabic as its official language. 20 The monarchy remains the institutional pillar, as reflected by the country’s motto: ‘The God, the Country, the King’. 21 With the revisiting of the constitution on 13 September 1996, various new elements were introduced. A bicameral system was established by means 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 all rights and liberties enjoyed by citizens, social groups and organisations. 22 Consequently, he is the protector of the national independence and the territorial integrity of the Kingdom. The King exercises his powers by appointing the Prime Minister, 23 terminating the government on his own initiative or in case of resignation, and functions as the Chair in Cabinet meetings. Finally, the King signs and ratifies international treaties. Morocco is divided into ten regions, which in turn are subdivided into 24 prefectures and 31 additional provinces, each of which is composed of urban and rural municipalities. Municipal and provincial authorities are elected through proportional representation and include representatives of various professional bodies. Morocco’s judiciary system is independent from both the legislative and executive powers, thereby adhering to Montesqui’s Trias Politica. The Moroccan Parliament comprises the House of Representatives and the House of Counsellors. Both are 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 a nine-year term by indirect universal suffrage. Three-fifths of its members are elected at each region by an electoral college composed of representatives of local councils. The remaining two-fifths of its members are elected in each region by electoral colleges composed of elected members of professional chambers and members elected at the national elections by an electoral college of wage-earners representatives. The executive branch of the government is composed by the Prime Minister and the Council of Ministers, which is accountable to Parliament and the King. The Council of Ministers enforces laws and manages the state’s administration. The Prime Minister has the power to enact regulations 24 and may delegate certain power to Ministers. 25 The King presides over the Council of Ministers. 1.3.4 Role of the media and civil society The audio and visual media, such as television and radio, are controlled by the state. The languages used in television programmes are only Arabic and French. The Moroccan body in charge of audiovisual media does not take into account social and cultural particularities relating to multilingualism. 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 and visual media. The written media, in French and Arabic, is hampered by high levels of illiteracy. The institutionalisation of multilingualism in the written media depends on the promotion of literacy and a culture of reading. There are various Amazigh organisations promoting language, culture, civilization and the Amazigh identity. The Moroccan Association of Researchers and Cultural Exchange (AMREC) was founded in 1967 by a group of Amazigh students, and it is the first established Amazigh association. During the 1970s and 1980s more organisations came into existence, such as the Association from the Maghreb Knowledge and Culture, Cultural Association Amazigh which later became the Tamaynut Association, Association Cultural Ilmas, Association Tamesna and more. These organisations are engaged in projects aimed at, among other things, educating and raising awareness among the Imazighen on the effects of marginalisation, and the risks of assimilation in urban circles. They furthermore initiated cultural meetings. In the 1980s, the first collective text drafted by an Amazigh organisation - the Charter of Agadir - was adopted to promote the linguistic and cultural rights of the Imazighen. The signatories were AMREC, Tamaynut Association, Association of Summer University, Ghereis ‘Tellili’ Association, Ilmas Association and the Cultural Association of Sous. The adoption of the Charter of Agadir represents a watershed for the Amazigh movement since it encourages an evolution in the co-ordination of the movements 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 system 1.3.1 Legal system and sources of law According to article 82 of the Kingdom’s Constitution, the judicial authority must be independent from the legislative and executive powers. The legal framework of Morocco comprises three types of legal provisions: 1) customary norms and rules of Islamic law, inspired by the Malikite School of jurisprudence; 2) rules of positive law; and 3) provisions inspired by French law. These legal systems often coexist side by side. The law-making process in Morocco is weak, resulting into poorly-drafted laws. Legal education is inadequate due to an education system that relies upon an outdate curriculum, offered in Morocco’s two competing languages, French and Arabic. Choosing either one of these languages determines the students’ future career possibilities. The training of legal professionals is minimal and there is little supervision 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 it wants to reach the right professional quality and judiciary aspired to by the country. Oversight of the principal legal professions (lawyers, notaries, experts, judges) remains inadequate, and the same is true for their professional organisations. Of serious concern is the limited access to legal information of the general public and the restriction of legal aid to criminal proceedings. Although there are plans to rationalise and simplify the Moroccan judicial system, which is composed of about 1109 courts, its reform is not seen as a priority. Although some progress has been made, this is still not sufficient to qualify the system as efficient and pro-active. Efforts should also be made to develop standard measurement techniques, so to be able to have realistic and reliable information on the progress of cases. With the assistance of several donors, the Ministry of Justice developed a programme for court computerisation which still has to be implemented throughout the entire court system. 1.3.2 Court Structure Article 1 of the Decree 1-74-338, issued on 15 July 1974, determines that the judicial organisation of the Kingdom encompasses common law jurisdiction, specialised jurisdiction and exceptional jurisdiction. Common law jurisdiction is composed of 837 communal and district courts, 68 courts of first 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, three appellate 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 been used, with the exception of acts registered in the trade registers, which are still accepted in French. 1.3.3 Status of international law and ratifications The Preamble of Morocco’s Constitution demands respect for the principles, rights and obligations set out in applicable charters and treaties. It reaffirms its determination to abide by universally-recognised human rights, and to continue its steady endeavours towards the safeguarding of international peace and security. 27 Consequently, the King accredits ambassadors to foreign nations, and representatives of international organisations must be accredited to him. 28 The King furthermore has the authority to sign and ratify treaties. Treaties concerning state finances, however, will not be ratified without having been approved under Moroccan law. Furthermore, treaties likely to affect the constitutional provisions must 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 1995 Relevant 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 2001 AU 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 peoples Under the reign of King Hassan II, Morocco sought to promote and reinforce human rights. In 1990 the consultative council for human rights was created, followed in 1993 by the creation of a ministry in charge of human rights. 29 Projects have been initiated to promote human rights and facilitate cultural dialogue. Furthermore, new authorities have been started, such as the Commission of Equity and Reconciliation, 30 a pioneer in the Arab and Islamic world. Another important development is the establishment of the organisation Diwan Alemadalim 31 in December 2001, 32 which functions as an arbitrator between citizens and the administration. Its tasks are to combat corruption, the misuse of power and injustice, and protect the rights of the child. Diwan Alemadalim moreover promotes the image 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 Morocco 1 Recognition and identification The first attempt to establish a written constitutional document, codifying the relationship between the ruler and the ones being ruled and addressing issues of identity, was in October 1908. The document does not discuss the issue of language. After independence, cultural issues and problems regarding the official language have been the focus of various national movements. In 1961, under King Hassan I, a judicial document was adopted, creating the Moroccan state, or ‘Arab Islamic Kingdom’. In article 14 the state is urged to look after Islamic Arab education and article 3 stipulates that Arabic is the official and national language of Morocco. 33 The Constitution in 1962 differed from the basic law in 1961 in that the Kingdom of Morocco was stated to be a sovereign Islamic state with Arabic as its official language. The question of recognising the Amazigh culture, including its language, in Morocco’s Constitution is to 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 the Amazigh’s existence as indigenous peoples and thus ignore their rights. However, on July 2001 King Mohamed VI declared that the Amazigh identity contributed to Morocco’s national wealth. He furthermore announced the creation of a Royal Institute for Amazigh Culture (IRCAM). The absence of constitutional recognition nevertheless remains. Some representatives of the Minister of Interior and local authorities have no objection to working with Amazigh associations and their representatives. However, the majority of the population prefer them to settle down, abandon their traditional way of life and consequently adapt to the dominant Moroccan 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 in their situation. The Amazigh who have been driven out of their region have become very poor and marginalised from society, especially if they do not speak Arabic. The rural world in which the Amazigh 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 more evident, and call for a dual social and economic response. 34 2 Non-discrimination According to article 5 of the African Charter, every individual has the right to dignity. Article 9 states that all peoples shall be equal and enjoy the same rights. The Moroccan Constitution provides that all Moroccan citizens are equal before the law 35 . The Constitution furthermore guarantees to all citizens the 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 are uniformly open to all citizens 37 . All citizens furthermore have equal rights in seeking education and employment. 38 Article 9 of the law on Moroccan nationality 39 provides that the Moroccan nationality is acquired by birth, except where the Minister of Justice opposes this. However, Amazigh people, especially Amazing from the South, usually lack birth certificates. As a result, the law setting out the requirements for foreigners to obtain Moroccan nationality, including the requirement of a sufficient knowledge of the Arabic language, also applies to them. Articles 26 and 27 provide for Moroccan nationality for every foreign relative having a usual and regular residence in Morocco. Article 12 states that foreigners wanting Moroccan nationality by naturalisation have to show that they fulfil the conditions 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-management During the French colonial era, and as part of a modernisation process, tribes were put under state control by transforming the ancient senate of free tribes into a local authority strictly controlled by the central power. 40 After Morocco acquired independence this power structure was maintained. The local government of the Kingdom is composed of regions, provinces and communes, and no other form of local government may be established except by law. 41 Every local government has to be elected, so to be accountable on the basis of democratic principles and in accordance with provisions defined by law. 42 Decentralisation has been a key aspect to Morocco’s government structure. General elections have 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 training of elected officials, mismanagement and sometimes ineffective territorial protection are some of the factors negatively affecting human development in many rural as well as urban communities. In addition to these problems, there is a centralised culture, resisting change and objecting to delegation due to an overall mistrust. With the exception of certain pioneering administrations, decentralisation therefore fails to operate in a diligent and consistent manner. Those in favour of decentralisation believe themselves to be stuck in a vicious circle, in which the mishaps of decentralisation function as legitimacy for those supporting a more centralised structure. The deficits of decentralisation meanwhile undermine the possibility of efficient and coherent territorial governance. The implementation of decentralisation in the 1960s primarily appears to have served the desire for political supervision rather than responding to concerns regarding adapting public administration to the needs of local development. Indeed, the objective in 1960 was first and foremost to reconstitute local elites, and this imperative certainly gained precedence over administrative and technical decentralisation. 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 liberating decentralisation process. In many cases the persistence of a fierce ‘substitute guardianship’ functioned as a hindrance instead of an institutive guardianship. At the central administrative as well as the decentralised level of governance serious failures existed and - 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 the proclamation of a good-management pact, improved transparency, the introduction of equitable regulations with regard to human resource management, the creation of regional accounting courts, judicial reforms with the creation of administrative and commercial tribunals, and more frequent recourse to external audits. 4 Participation and consultation According to Morocco’s constitution, sovereignty belongs to the people, who consequently shall exercise 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 representation of citizens 44 . Moreover, any citizen of age enjoying his or her civil and political rights shall be eligible 45 to vote. Public meetings are free and open to the public 46 . All citizens are recognised freedom of association, 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 by the Home Office, such as the Amazigh Moroccan Democratic Party and the Andaz Amazigh Association to Elhajeb, the Imal Association to Mast and the Izuran Association to Lakhssas. As a result, 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 governed by rationality, logic and conducted in a calm context. They requested political parties, participants in today’s governments, to educate those brought up in the ‘independence era’ who have fanatical idea about Arab nationalism and consequently deny Amazigh. Political parties and the media seem to focus more on problems concerning other parts of the world, in particular the Middle East, than about Moroccan 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 first program statement delivered at a special session in Parliament. He contributed in reducing the misunderstanding between the Amazigh youth and Arab youth. Due to their inadequate knowledge of Moroccan Arabic, let alone classical Arabic, Imazighen often refrain from any political activity. Official activities ought to be practised in articulate Arabic, and the importance 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 by the competition into which members of Parliament engage in when they rival in ‘decorating’ their speeches with appropriate and inappropriate ‘eloquent’ expressions. It is also supported by documents reporting 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 strengthen democratic practises to be ineffective. 5 Access to justice As previously mentioned in Section I, the limited access to legal information of the general public and the restriction of legal aid only to criminal procedures are of great concern. Access to justice for the Imazighen is even more problematic since the current Constitution and the court system clearly ignore their rights as indigenous peoples. As a consequence, Amazigh cannot make a claim to any of these rights. During the time that Morocco was a protectorate, customary law formed one of the pillars of the legal system. It has not been abolished since from the judicial organisation. The state and national movements desired unification of Moroccan laws, and therefore wished to eliminate anything that was threatening, in their view, national unity. 49 In this context, the first action taken immediately after independence 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 issues they adopted solutions and measures taken from abroad. 51 This ultimately led to the erosion of customs within tribes, since the administrative and economic development strategy ignored particularities of local culture. In 1974, the independent authorities tried to restore respect for the application of local customs in many regions of the Moroccan desert through the judicial organs within the judicial organisation of the new Kingdom. 52 These courts, known as juvenile and provincial groups, are based on tribal customs. 6 Culture and language rights The loss of productive resources has negatively impacted the Amazigh culture, and so has the denial of their right to maintain the livelihood of their choice and to retain and develop their culture and cultural identity according to their own wishes. A policy of ‘Arabisation’ has been promoted by the Moroccan government since it gained independence, consequently adopting Arabic as Morocco’s official language. In the absence of any legislative text stipulating principles and criteria on which an official language policy in Morocco could be based, this status can only be regarded as de facto. However, Arabic is recognised as the official language of the Kingdom. The Constitution’s Preamble recognises it as the sole national language. Morocco’s government continues to suppress the Tamazight language as a symbol of Berber identity and their cultural rights. Tamazight is not officially recognised, is not taught in the educational system, and has not been given the same status as Arabic. Practising the Tamazight language is not allowed in public administration, and laws forbid the use of Tamazight in courts. As a result, Imazighen, especially those who do not speak Arabic, are actually excluded from society and in that way made second-class citizens 53 . The Imazighen strongly oppose the argument that Arabic is the sole Muslim language. They state that this reasoning is not supported by the Quran since, among other things, the prophet said that ‘an Arab has no merit over a non-Arab’. Imam Ali furthermore preached to learn languages, since ‘each language 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 consider themselves 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 very existence. The exclusive emphasis on Arabic not only hampers and assimilates Imazighen, but also implicitly teaches them to feel ashamed of and despise their culture. It is acknowledged that Tamazight has been discriminated against by these policies. However, some positive developments have recently been taking place. On 31 July 2001, King Mohammed VI declared the recognition of the Amazigh cultural identity. After 45 years of independence, this was the very first declaration about the multi-dimensional aspect of Moroccan identity, and of the fact that, just as Arabic, Islamic, African and Andalusian influences, the Amazigh is 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 Administrative Council of the Institute consists of 32 members, seven of whom are government representatives from ministries and universities. The other members belong to the Amazigh movement, or are individuals supporting 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 Education Article 1 of Dahir N 04-2000, B.O N4800 of 1 June 2000 stipulates that all Moroccan children of both sexes having reached the age of 6 years have the right and the duty to education. The state makes a commitment to assure them education free of charge in the closest public educational establishment at their place of residence. Parents and guardians are obliged to make sure that their child(ren) enjoy education 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 the knowledge they acquired during their early childhood and their modes of communication, that is to say the Tamazight language. Textbooks are biased by religious aspects. Even in scientific and technical disciplines little room is left for objectivity and critical perspectives. Everything that is Arabian-Islamic is regarded as sacred. This is reflected in textbooks and led to a complaint by hundreds of Imazighen in April 2004 against the Minister of National Education. The complaint was rejected on the ground that the plaintiffs had no right to speak in the name of all Amazighs of Morocco. Children’s interests and rights to their personality, language and culture are repeatedly violated. Imazighen requested the government to draft bills aimed at promoting the teaching of Tamazight in school, universities and institutes. They strive for the creation of scientific institutions capable of codifying 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. At university level, only one institution offered it as a subject. 56 The new education reform, as stated in the Education Charter formation 57 provides for the teaching of Tamazight in some schools, but is limited to Berber-speaking areas where it can be used to facilitate the teaching of Arabic at the primary level. 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 both adults’ and children’s awareness concerning the plurality in their country. This approach will stimulate people to learn a second language while remaining proud of their own language, and will prevent stigmatisation. In addition, to be truly successful, literacy lessons should be in the local language of the students. Only when they are fully capable in all aspects of their first language should Arabic and French be introduced as a secondary and third language, and not as a means of instruction. 58 Despite the expectations expressed mainly by Berber cultural associations to fully integrate Tamazight at 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 official language in the first cycle of primary education. The authorities have to develop education and make available training for national authorities, so to gradually provide the necessary support to educators. 8 Land, natural resources and environment The 1912 French colonial decree allowing the government to seize communal land from indigenous peoples is still on the books. A decree from 1919 authorised limited collective ownerships rights under government guidance, and in 1951 Amazigh mining rights were recognised. 60 However, except in areas 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. This practice should be seen in the context of Morocco’s issue of relying heavily on foreign oil, and disregarding Amazigh land claims so to be able to exploit new-found oil reserves in Morocco. 61 In 2000, Lone Star Energy signed several contracts with the Moroccan government to exploit oil fields on Amazigh lands near Talsinnt in the High Atlas Mountains. Estimates were originally as high as 20 billion barrels of oil, with revenue estimates upwards of $800 million a year. But the numbers quickly fell, and in 2003 Lone Star produced only 10 million barrels, or less. 62 Since the drilling began, the local Amazigh population has been denied access to areas near the oil rigs. No compensation has been granted for the land occupied by the drilling company. Nor have Imazighen received a share in the profits. This clearly violates article 1 of ICCPR, and is in contrast with articles 10, 11, 26, 28 and 32 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which guarantees indigenous peoples 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. As stressed by the UN Permanent Forum on Indigenous Issues, prior consultation with tribal leaders and participation 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 should adhere to this. Adequate protection of land rights and the ability of indigenous peoples to freely pursue their economic and cultural development, and the protection of their cultural heritage and identity are directly linked. The relative poverty of the Amazigh, the continuing loss of their language and a high rate of assimilation are partially explained by this very fact, ie the lack of access to their traditional lands and their inability to exploit the resources (both surface and subsurface) of these territories. It is essential that Morocco expands the opportunities for Amazigh participation in decision-making in matters relating to their lands, resources and economic and social development. Administrative or judicial procedures should be made accessible, so to enable indigenous peoples to seek remedies and enforce 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 the rural population has to travel over ten kilometres to access medical facilities. 42 per cent of the basic facilities, 75.5 per cent of maternity wards and 74.3 per cent of the hospitals are situated over 5 kilometres from rural areas. Recently, health indicators appear to have deteriorated, with infant mortality rates stagnating instead of lowering and infectious diseases increasing. 64 Current development policies involve numerous activities that potentially could benefit indigenous peoples. Yet, project reports on Morocco do not refer to Amazigh people at all. 10 Gender equality The 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 underdevelopment of women regarding this aspect is especially worrisome if one realises that women constitute about half 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 partly caused 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 gender equality as a fundamental principle of Moroccan society, and sees it as a basis for strengthening the family unit, while keeping in mind the interests of children, who are of primary importance to Morocco. The ratio of women representation in Parliament increased from 0.6 per cent in the 1997 elections to 10.8 per cent in the 2007 elections. The present Parliament consists of 35 women. 10 Indigenous children See sections 6 and 7 above, concerning, respectively, language and education. 21   
  • 25. Part III: Conclusions and recommendations 1 Conclusions Positive developments have recently taken place. On 31 July 2001 King Mohamed VI recognised the Amazigh 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 and Andalusia 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 are government representatives from ministries and universities. The other members belong to the Amazigh movement, or are individuals supporting it. This cleared the way for dialogue at a higher level. 2 Recommendations The Amazigh movement has made various claims and drafted several proposals which are expressed in a number of documents and declarations, such as the Agadir Charter of 1999 and the Memorandum for 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 and their 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: Bibliography 1. Books and articles Chafiq, M A brief survey of thirty-three centuries of Amazigh history (translated from Arabic by Ali Azeriah) (2005) IRCAM Encyclopaedia Berber IV Extra, G and Gorter, D The other languages of Europe: Demographic, sociolinguistic, and educational perspectives (2001) Clevedon: Multilingual Matters Gellner, E and Micaud, CA Arabs and Berbers: From tribe to nation in North Africa (1973) London: Duckworth Inaja, M Attitude towards Amazigh language and culture (2006) Diana Vinding (Ed.) The Indigenous world 2002/2003 (2003) Copenhagen: International Work Group for Ingigenous Affairs Leyeau, J Le fellah marocain défenseur du Trône (1976) Paris: Presses de la Fondation Nationale des Sciences Politiques Maddy-Weitzman, B ‘Ethno-politics and globalization in North Africa: The Berber culture movement’ 2(1) (2006) Journal of North Africa studies 71 Milliot, J Principles de colonisation et de legislation coloniale (1936) Paris: Librairie du Recueil Sirey Montagne, R The Berbers: their social and political organization (1973) London: Cass Saaf, A De la politique juridique au Maroc in droit et environnement social au Maghreb (1989) Cassablanca: CNRS, Paris / Fondation Ibn Saud Seddon, JD Local politics and state intervention; northeast Morocco from 1870 to 1970 (1973) Great Britain: Ebenezer Baylis and Son 24   
  • 28. Suleiman, Y (ed) Language and Society in the Middle East and North Africa: Studies in variation and identity (1999) Surrey: Curzon Waterbury, J Ownership and political elites in Morocco (1984) Beiryt: Unity House 2. Chapters in books Adam, A ‘Berber migrants in Casablanca’ in Gellner, E and Micaud, CA (eds) Arabs and Berbers: From tribe to nation (1973) London: Duckworth Faiq, 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: Curzon Jilali, S ‘Berber migrants and Arabic in Morocco’ in Extra, G and Gorter, D The other languages of Europe: Demographic, sociolinguistic, and educational perspectives (2001) Clevedon: Multilingual Matters Seddon, JD ‘Local politics and state intervention; Northeast Morocco from 1870 to 1970’ in Montagne, R The Berbers; their social and political organization (1973) London: Cass 3. Newspapers, Reports and papers Agnouche, A ‘Reflections on the problematic constitutionalisation Tamazight. Constitution language convicted along with the language of the ruling independence’ (2003) Newspaper N278 in Arabic Samia, S Desk Review on North Africa Unpublished ILO paper Shelley, T ‘Black gold or another black eye in Morocco?’ The Daily Star 13 October 2003 Websites http://www.africa-union.org http://www.amasighworld.org http://www.ilo.org http://www.ircam.ma http://www.minorityrights.org http://www.Rdh50.ma 25