1. This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection ofthe rights of indigenous peoples in South Africa. Country Report of the Research Project byThis report provides the results of a research project by the International Labour Organization and the African Commissions the International Labour Organization and the African Commission on Human and Peoples Rights onWorking Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, actingas implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts the constitutional and legislative protection ofon and protects the rights of indigenous peoples.This report was researched and written by Mohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated). the rights of indigenous peoples:For an electronic copy of the other 23 country studies and the overview report of the study,see www.chr.up.ac.za/indigenous Morocco African Commission on International Labour EUROPEAN Human and Peoples Rights Organization Published with the support of: COMMISSION
2. Copyright 2009 International Labour Organization and African Commission on Human & Peoples RightsFirst published 2009For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rightsand Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email:firstname.lastname@example.org, and the Information and Documentation Centre, African Commission on Human and PeoplesRights, PO Box 673, Banjul, The Gambia, or by e-mail: email@example.com mailto:firstname.lastname@example.org .ILO/ACHPRMorocco : constitutional, legislative and administrative provisions concerning indigenous peoples / InternationalLabour Office. - Geneva: ILO, 20091 v.ISBN: 978-92-2-122820-2 (web pdf)Indigenous people / economic and social rights / cultural rights / administrative aspect / constitutional law /legislation / comment / Morocco14.08 ILO Cataloguing in Publication DataThe designations employed in this publication, and the presentation of material therein do not imply theexpression of any opinion whatsoever on the part of the International Labour Office and the AfricanCommission on Human & Peoples Rights concerning the legal status of any country, area or territory or of itsauthorities, or concerning the delimitation of its frontiers.The ILO and the African Commission on Human & Peoples Rights shall accept no responsibility for anyinaccuracy, errors or omissions resulting from the use of the data.The responsibility for opinions expressed in signed articles, studies and other contributions rests solely withtheir authors, and publication does not constitute an endorsement by the International Labour Office and theAfrican Commission on Human & Peoples Rights of the opinions expressed in them.
3. MOROCCO: CONSTITUTIONAL, LEGISLATIVE AND ADMINISTRATIVE PROVISIONS CONCERNING INDIGENOUS PEOPLESMohammed Amrhar (with Divinia Gomez and Anne Schuit incorporated),Morocco: Constitutional, legislative and administrative provisions concerning indigenouspeoplesTable of contents PagesPart I: Introduction to indigenous peoples, the country and its legal system 21 Indigenous peoples in the country - Basic situational overview 21.1 Indigenous people: Demographic details, main economic sources and 3 livelihood and cultural life-style1.2 Background to the country 41.2.1 Pre-colonial history 41.2.2 Colonial history 41.2.3 Post-colonial history and current state structure 51.2.4 Role of media and civil society 61.3 Background to the legal system 71.3.1 Legal system and sources of law 71.3.2 Court structure 71.3.3 Status of international law and ratifications 81.4 Institutional and policy bodies protecting indigenous people 9Part II: Legal protection of indigenous peoples in Morocco 111. Recognition and identification 112. Non-discrimination 113. Self-management 134. Participation and consultation 145. Access to justice 156. Cultural and language rights 167. Education 178. Land, natural resources and environment 189. Socio economic rights (housing, health, social welfare, intellectual 20 property, traditional economy, employment and occupation)10. Gender equality 2011. Indigenous children 20 0
4. Part III: Conclusions and recommendations 211. Conclusions 212. Recommendations 22Part IV: Bibliography 23 1
5. Part I: Introduction to indigenous peoples, the country and its legal system1 Indigenous peoples in the country basic situational overviewImazighen are the indigenous peoples of Morocco 1 and Tamazight is the language they speak. Theword Imazighen is the plural form of Amazigh, which is the name the Berbers use to refer tothemselves. The ancient Egyptians and historians used to refer to them with different pronunciationand spelling, for example as Masaws. 2 In the sixth century BC, the Greek historian Hekataiosmentioned Imazighen as Mayzyes, whereas the Latin historian Herodotas in the fifth century BCcalled them Maxyes. However, all the names given to the Imazighen essentially stem from theNumidian people. 3The Berber population in Morocco wants recognition of their indigenous identity, their Tamazightlanguage as well as respect for their Berber culture. 4 Their core demand focuses on recognition ofTamazight as an official language in Morocco, and for educational, social and economic policies toredress the multitude injustices inflicted on the Berbers during the colonial and independence eras. 5The Berbers are citizens of an Arab-Islamic state, in which the Arabic language and its associatedculture have dominated for centuries. This is especially problematic due to the fact that anArabisation policy, linked to the Koran and Islamic religion, has informed the ideology of theMoroccan nation. 6 The Berbers consider the Arabisation policy, promoted by the Moroccangovernment since independence, as a denial of their cultural and linguistic Imazighen identity. 7 Apartfrom the nationalist movement, which focuses on Arabic, Arabisation and the preservation of theMorocco Union, most political parties after independence did not take a clear stand on issues related tothe Amazigh language and culture. It was only in 1990 that political parties hesitantly showed theirsupport for the Amazigh cultural demands. 81 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-Weitzm