COMMITTEE ON RIGHTS OF CHILD CONSIDERS INITIAL REPORT OF MOROCCO ON SALE OF CHILDREN AND CHILD PROSTITUTION

The Committee on the Rights of the Child today considered the initial report of Morocco on how that country is implementing the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Introducing the report was Azzeddine Farhane, Chargé d’affaires at the Permanent Mission of Morocco to United Nations Office at Geneva, who said that since the adoption of the Convention on the Rights of the Child, this instrument had been given maximum priority by the Government as a way of upholding the best interests of the child. Coordinated and sustained efforts had been made under the leadership of His Majesty in order to uphold the principles laid out in the Convention and the Optional Protocol. Combating poverty and developing human resources were also a central focus of activities aimed to foster the protection and development of children in Morocco, he said.

Committee Expert Moushira Khattab, who served as country Rapporteur for the report of Morocco, thanked the delegation for its efforts to respond to several questions posed by the Committee. The legal amendments carried out in Morocco were greatly appreciated as was the role of the civil society and its cooperation with the Government. The issue of child abuse and exploitation in Morocco was difficult and complicated by issues of poverty and a lack of necessary resources and training. Removing stigmatization in society was extremely important in order to allow the victims of child abuse to report complaints. Morocco had taken the first difficult step to sensitize the public to these issues and others addressed in the Optional Protocol, not only nationally, but also in the region, in light of its role as focal point for the Arab-African region on such matters.

Other Committee Experts raised questions pertaining to domestic violence; the National Action Plan; the juvenile justice system; and rehabilitation centres for victims of child abuse and exploitation.

The Committee will release its formal, written concluding observations and recommendations on the report of Morocco towards the end of its three-week session which will conclude on 27 January.

The delegation of Morocco was made up of representatives of the Moroccan Court of First Instance, the Ministry of Justice, the Ministry of Health, the State Secretariat for the Family, Children and Disabled Persons, and the Permanent Mission of Morocco to United Nations Office at Geneva.

As one of the 192 States parties to the Convention on the Rights of the Child, Morocco is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the meeting to present the report and answer questions raised by Committee Experts.

When Chamber B of the Committee reconvenes at 10 a.m. on Friday, 13 January, it will take up the second periodic report of Liechtenstein (CRC/C/136/Add.2).

Report of Morocco

The initial report of Morocco on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, found in document CRC/C/OPSA/MAR/1, notes that the Ministry of State for the Family, Solidarity and Social Action coordinated the formulation of a comprehensive integrated national action plan to combat all forms of sexual exploitation of children. Moroccan criminal legislation penalizes trafficking in children, child prostitution and child pornography and the Criminal Code penalizes the offences of inciting, encouraging or facilitating the corruption or prostitution of minors. Under the Code, if an offence is committed against a minor who is under 18 years of age, the penalty is increased from two to 10 years’ imprisonment; this same penalty applies to any person who sells or buys a child under 18. The Code also penalizes acts of sexual exploitation by a term of imprisonment of 10 to 20 years when committed by an organized group. Moreover, the acts criminalized under the Optional Protocol are subject to the general rules governing extradition under the Code of Criminal Procedure.

The report notes that in 1999 the Ministry of Health established a pilot centre in the Rabat Children’s Hospital for the reception, evaluation, psychological and social care of child victims. At present, there existed 10 similar regional centres in various regions of the Kingdom. Other efforts undertaken by the Government include the setting up of an evaluation and assistance centre for child victims of violence and ill-treatment; an extensive campaign against sexual exploitation of children under the Presidency of Her Royal Highness Princess Lalla Meryem, President of the National Observatory on the Rights of the Child, and the drafting of several national policies and programmes for vulnerable children exposed to ill-treatment and sexual exploitation, such as street children, children at work and children who are victims of clandestine immigration.

Presentation of Report

AZZEDDINE FARHANE, Chargé d’affaires at the Permanent Mission of Morocco to the United Nations Office at Geneva, said since the adoption of the Convention on the Rights of the Child, this instrument had been given maximum priority by the Government as a way of upholding the best interests of the child. Coordinated and sustained efforts had been made under the leadership of His Majesty in order to uphold the principles laid out in the Convention and the Optional Protocol. Among other things, a national plan of action for children was drafted with the involvement of all members of society which had updated legal measures protecting children and which focused on their development. Combating poverty and developing human resources had also been a central focus of activities aimed to foster the protection and development of children in Morocco.

Morocco was carrying out a number of reforms to its legal system and mechanisms to meet the obligations laid out in the Convention, he said. Since the 1990s a governmental department on children had been functioning as well as a national congress for children, which was held annually under the auspices of the King. Moreover, a national observatory on the rights of the child was in operation. As regards to the sexual exploitation of children, the department on children had been holding regional Arab-African consultations as a follow up to the action plan adopted at the Yokohama Congress against the Commercial Sexual Exploitation of Children held in December 2001.

While considerable progress had been achieved in Morocco in terms of the Optional Protocol, there remained a number of challenges for protecting children, Mr. Farhane noted. Attention was drawn to the visit of the Special Rapporteur on the sale of children, child prostitution and child pornography, Ofelia Calcetas-Santos, who noted the efforts being taken by the Government, and who also pointed out the situation of vulnerable children. It was noted that widespread poverty in the country had led to high rates of child labour as well as to child prostitution. Rehabilitation centres addressing legal and psychological issues had been set up to assist these vulnerable children, Mr. Farhane said.

Questions Raised by Committee Experts

MOUSHIRA KHATTAB, the Committee Expert who served as country Rapporteur for the report of Morocco, noted that Morocco had paid close attention to the issues covered in the Optional Protocol and commended the Government for a number of steps taken in that regard, in particular the setting up of a national observatory for children.

While noting the efforts of the Government to implement the Optional Protocol and the preparation of reports in that regard, the Rapporteur asked for additional information as to how efforts were coordinated with the Government and civil society in Morocco to that end. In that connection, more information was sought on the Ministry of State for the Family and its relation with the Ministry on Human Rights and the National Congress.

Ms. Khattab also asked the delegation when it was expected that the draft national plan of action on children would be adopted. While congratulating Morocco for its contribution in following up to the Yokohama Congress, she also asked whether there was a concrete plan being carried out in that regard, especially dealing with child prostitution. Information on a child helpline was also sought.

The Rapporteur asked for information on the measures taken by the Government to set priorities on expenditure on programmes benefiting children and, specifically, what financial resources had been earmarked for specific programmes on education. More clarity was also sought on public awareness measures on child sexual exploitation, on data collection, and punishment for those responsible for committing crimes against children.

While drawing attention to the report of the Special Rapporteur who indicated that domestic violence was a serious issue in Morocco, Ms. Khattab asked for additional information on this problem and measures to incriminate offenders. Moreover, information was sought on measures taken to address cases of rape committed against boys and girls as well as on abuse in the family.

Another Expert requested additional information on cooperation between the Government and civil society on matters pertaining to the rights of the child and whether it was foreseen that there would be a separate budget allocated for non-governmental organizations dealing with these matters. Additional information was also requested on criminal procedures in cases for those charged with committing acts as well as on extradition procedures, given that a large percentage of violations of child abuse were committed by foreigners.

Other Experts asked for clarification on the evaluation and assistance centre and the National Observatory on the Rights of the Child. Information was also sought about procedures for children submitting official complaints to the authorities.

Several Experts raised questions related to the training of professionals dealing with issues of sexual exploitation and abuse. An Expert asked what specific information was available in the classrooms to educate children about their rights and the issue of sexual exploitation.

Other Committee Experts raised questions pertaining to immigrant children; the trafficking of children for adoption; detention centres for children; rehabilitation programmes; the rights of illegitimate children; and the juvenile justice system.

An Expert also asked what measures were being taken by the Government to deal with cases of minors being deported from Spain and returned to Morocco after being unfairly treated.

Response by Moroccan Delegation

With regards to the role of various Government bodies, the delegation noted that the Ministry of Human Rights was responsible for drafting the report under review, although the Ministry of State for the Family was responsible for all matters dealing with children. All coordination of human rights issues was done by the Ministry of Justice, the delegation added.

Concerning abuse in the family, the delegation noted that there was a high rate of domestic violence in Morocco, more reported cases of which were of cases of abuse against boys. This was due to the stigmatization facing young girls and their reluctance to come forward with testimonies. This situation, however, had been changing due to focused efforts in the country on changing attitudes and behaviors on this phenomenon. A number of new laws, coupled with several educational tools, had proved successful in reversing negative trends in domestic violence. Training courses and awareness campaigns, in particular, had been operating as a further effort to change attitudes on cases of child sexual exploitation. School books and curricula have also been revised to reflect this way of thinking. There were a number of training programmes specifically for children being operated within youth society groups. There was also a training centre where courses were provided to make this approach more accessible.

In response to the questions raised on complaints lodged by children, the delegation said that on the basis of complaints received, a number of cases had been initiated. There was no age limit restricting anyone from submitting a complaint or testifying before a court. Complaints could also be made on the basis of anonymity. Moreover, any State authority who refused to receive a complaint was in breach of the law. There was no provision preventing a court from hearing the victim as a witness. The court might determine in some instances, however, that the minor was unfit to stand trial in the court or to avoid any confrontations with aggressors.

As to compensation, a child may request compensation through their parent or guardian, the delegation noted. Moroccan law stated that there was only a minor fee of approximately ten dollars to submit a claim for compensation


Concerning the training of judges, according to the new penal code, there were judges specialized in cases of minors and there were also police officers who specialized in cases dealing with minors. Although there were no specialized courts for minors, these specialized judges presided over cases dealing with minors.

In response to a question, the delegation noted that there had been no reported cases of trafficking of minors or the sale of children in Morocco.

Morocco since the 1990s had been establishing centres for the victims of violence and sexual abuse, the delegation said. The intention was to provide care and treatment to children victims. At present there were 11 such centres. An assessment on the functioning of these centres was carried out recently which indicated that these centres were under-used largely as a result of the lack of information on them. It was subsequently decided to set up a communications network to sensitize the public on their functions and locations.

Responding to a question on HIV/AIDS, the delegation said this issue had been given the highest priority in Morocco as evident through various health care and education programmes.

As to the National Plan of Action for the Rights of Children, the delegation noted that the Plan was being implemented and met the provisions of related international agreements entered into by Morocco. The Plan focused on better education standards, higher protection, better health services and HIV/AIDS. The Plan aimed to assist children according to categories including migrant children and street children, among others. The Plan covered issues related to the development of children through their better participation in society, optimizing resources for the rights of the child, developing an information system for the rights of the child, and setting up child protection units, among others. The National Action Plan was expected to be finalized by the end of this month, although activities were already underway.

Preliminary Remarks

MOUSHIRA KHATTAB, the Committee Expert who served as country Rapporteur for the report of Morocco, thanked the delegation for its efforts to respond to several questions posed by the Committee. The legal amendments carried out were greatly appreciated as was the role of the civil society and its cooperation with the Government of Morocco.

The issue of child abuse and exploitation in Morocco was difficult and complicated by issues of poverty and a lack of necessary resources and training. Removing stigmatization in society was extremely important in order to allow the victims of child abuse to report complaints. Once the Government dealt more effectively with these issues, Morocco would be able to overcome these problems.

Morocco had taken the first difficult step to sensitize the public to these issues and others addressed in the Optional Protocol, not only nationally, but also in the region, in light of its role as focal point for the Arab-African region on such matters.

For use of the information media; not an official record

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