Maroc

In favour : A/HRC/DEC/1/106, A/HRC/DEC/1/107, A/HRC/RES/S-1/1, A/HRC/RES/S-2/1, A/HRC/RES/S-3/1, A/HRC/RES/2/3, A/HRC/RES/2/4, A/HRC/DEC/2/109, A/HRC/DEC/2/115, A/HRC/RES/3/1, A/HRC/DEC/3/103, A/HRC/RES/4/5, A/HRC/RES/4/9, A/HRC/DEC/4/103

Against : A/HRC/2/L.48 (rejected)

Abstained : A/HRC/RES/1/2

No vote :

Source : www.ilo.org

Reservations, Declarations and Objections

Declarations and Reservations :

1. With reference to article VI, the Government of His Majesty the King considers that Moroccan courts and tribunals alone have jurisdiction with respect to acts of genocide committed within the territory of the Kingdom of Morocco. The competence of international courts may be admitted exceptionally in cases with respect to which the Moroccan Government has given its specific agreement. With reference to article IX, the Moroccan Government states that no dispute relating to the interpretation, application or fulfilment of the present Convention can be brought before the International Court of Justice, without the prior agreement of the parties to the dispute.

8. The Kingdom of Morocco does not consider itself bound by the provisions of article 22 of the Convention, under which any dispute between two or more States Parties with respect to the interpretation or application of the Convention is, at the request of any of the parties to the dispute, to be referred to the International Court of Justice for decision. The Kingdom of Morocco states that, in each individual case, the consent of all parties to such a dispute is necessary for referring the dispute to the International Court of Justice.

Declarations :

1. With regard to article 2 : The Government of the Kingdom of Morocco express its readiness to apply the provisions of this article provided that : They are without prejudice to the constitutional requirement that regulate the rules of succession to the throne of the Kingdom of Morocco ;
They do not conflict with the provisions of the Islamic Shariah. It should be noted that certain of the provisions contained in the Moroccan Code of Personal Status according women rights that differ from the rights conferred on men may not be infringed upon or abrogated because they derive primarily from the Islamic Shariah, which strives, among its other objectives, to strike a balance between the spouses in order to preserve the coherence of family life.

2. With regard to article 15, paragraph 4 :
The Government of the Kingdom of Morocco declares that it can only be bound by the provisions of this paragraph, in particular those relating to the right of women to choose their residence and domicile, to the extent that they are not incompatible with articles 34 and 36 of the Moroccan Code of Personal Status.

Reservation :

1. With regard to article 9, paragraph 2 :
The Government of the Kingdom of Morocco makes a reservation with regard to this article in view of the fact that the Law of Moroccan Nationality permits a child to bear the nationality of its mother only in the cases where it is born to an unknown father, regardless of place of birth, or to a stateless father, when born in Morocco, and it does so in order to guarantee to each child its right to a nationality. Further, a child born in Morocco of a Moroccan mother and a foreign father may acquire the nationality of its mother by declaring, within two years of reaching the age of majority, its desire to acquire that nationality, provided that, on making such declaration, its customary and regular residence is in Morocco.

2. With regard to article 16 :
The Government of the Kingdom of Morocco makes a reservation with regard to the provisions of this article, particularly those relating to the equality of men and women, in respect of rights and responsibilities on entry into and at dissolution of marriage. Equality of this kind is considered incompatible with the Islamic Shariah, which guarantees to each of the spouses rights and responsibilities within a framework of equilibrium and complementary in order to preserve the sacred bond of matrimony. The provisions of the Islamic Shariah oblige the husband to provide a nuptial gift upon marriage and to support his family, while the wife is not required by law to support the family. Further, at dissolution of marriage, the husband is obliged to pay maintenance. In contrast, the wife enjoys complete freedom of disposition of her property during the marriage and upon its dissolution without supervision by the husband, the husband having no jurisdiction over his wife’s property. For these reasons, the Islamic Shariah confers the right of divorce on a woman only by decision of a Shariah judge.

3. With regard to article 29 :
The Government of the Kingdom of Morocco does not consider itself bound by the first paragraph of this article, which provides that `Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. The Government of the Kingdom of Morocco is of the view that any dispute of this kind can only be referred to arbitration by agreement of all the parties to the dispute.

11.
Declarations : The Government of the Kingdom of Morocco interprets the provisions of article 14, paragraph 1, of the Convention on the Rights of the Child in the light of the Constitution of 7 October 1996 and the other relevant provisions of its domestic law, as follows : Article 6 of the Constitution, which provides that Islam, the State religion, shall guarantee freedom of worship for all. Article 54, paragraph 6, of Act 70-03 (the Family Code), which stipulates that parents owe their children the right to religious guidance and education based on good conduct. By this declaration, the Kingdom of Morocco reaffirms its attachment to universally recognized human rights and its commitment to the purposes of the aforementioned Convention.

NOTA BENE : On 19 October 2006, the Government of Morocco informed the Secretary-General that it had decided to withdraw the reservation made with regard to article 14 made upon ratificaton. The reservation reads as follows :
The Kingdom of Morocco, whose Constitution guarantees to all the freedom to pursue his religious affairs, makes a reservation to the provisions of article 14, which accords children freedom of religion, in view of the fact that Islam is the State religion.

11.b.
Declaration : Pursuant to paragraph 2 of the article concerning the involvement of children in armed conflicts, the Kingdom of Morocco declares that the minimum age required by national law for voluntary recruitment in the armed forces is 18 years.

15.
Reservation : The Government of the Kingdom of Morocco does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention shall, at the request of one of them, be submitted to arbitration. The Government of the Kingdom of Morocco considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict.

Sources : www.ohchr.org