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Country Report of the Research Project by the International Labour Organization and the African Commission on Human and Peoples’ Rights on the constitutional and legislative protection of the rights of indigenous peoples: Morocco African Commission on Human and Peoples’ Rights 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. This report provides the results of a research project by the International Labour Organization and the African Commission’s 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 on and protects the rights of indigenous peoples. This report was researched and written by Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated). For an electronic copy of the other 23 country studies and the overview report of the study, see www.chr.up.ac.za/indigenous International Labour Organization Published with the support of: EUROPEAN COMMISSION

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Page 1: Country reports morocco

Country Report of the Research Project by the International Labour Organization and the African Commission on Human and Peoples’ Rights on

the constitutional and legislative protection of the rights of indigenous peoples:

Morocco

African Commission on Human and Peoples’ Rights

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.

This report provides the results of a research project by the International Labour Organization and the African Commission’s 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 on and protects the rights of indigenous peoples.

This report was researched and written by Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated).

For an electronic copy of the other 23 country studies and the overview report of the study, see www.chr.up.ac.za/indigenous

International Labour Organization

Published with the support of:E U R O P E A N COMMISSION

Page 2: Country reports morocco

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:

[email protected], and the Information and Documentation Centre, African Commission on Human and Peoples’

Rights, PO Box 673, Banjul, The Gambia, or by e-mail: [email protected] mailto:[email protected] .

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.

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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

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Part III: Conclusions and recommendations 21

1. Conclusions 21

2. Recommendations 22

Part IV: Bibliography 23

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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 Morocco1 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.

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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.

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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.

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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 Makhzan13 or with Makhzan approval. This led to the absorption of the bilad as-

siba14 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 country16.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.

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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 regulations24 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.

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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

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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 Court26 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.

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Instrument Date of deposit of ratification/accession

International Covenant on Civil and Political Rights (ICCPR)

3 August 1979

International Covenant on Economic, Social and Cultural Rights (ICESCR)

3 May 1979

Optional Protocol to ICCPR - International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

18 December 1970

Convention of the Elimination of All Forms of Discrimination against Women (CEDAW)

22 June 1993

Optional Protocol to CEDAW - Convention on the Rights of the Child (CRC)

21 August 1993

Optional Protocol to CRC – Armed Conflict

22 May 2002

Protocol to CRC – Sexual Exploitation 2 October 2001 Genocide Convention 24 January 1958 Slavery Convention 1927 11 May 1959 Supplementary Slavery Convention 1956

11 May 1959

Committee against Terrorism - Article 22 of the Committee against Torture

21 June 1963

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 Occupation)

27 March 1963

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

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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 Alemadalim31 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.

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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.

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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 law35. 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 citizens37. All citizens furthermore have equal rights in seeking education and

employment.38

Article 9 of the law on Moroccan nationality39 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.

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- 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.

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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 institutions43. Political parties,

unions, district councils and trade chambers ought to participate in organisation and the representation

of citizens44. Moreover, any citizen of age enjoying his or her civil and political rights shall be eligible

to vote. 45 Public meetings are free and open to the public46. All citizens are recognised freedom of

association, in accordance with the requirements laid down in article 5 of Act No 75.0047. 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.

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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.

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tribal customs.

                                                           

mentioned above, were blind to the sociological reality in the country50 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

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 citizens53.

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.

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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.

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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 formation57 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.

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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.

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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.

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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.

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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

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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.

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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

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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

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