COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF MOROCCO

The Committee on the Elimination of Discrimination against Women today considered the combined third and fourth periodic reports of Morocco on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Nouzha Skalli, Minister of Social Development, Family and Solidarity of Morocco, introducing the report, said today, the Government of Morocco had noted positive developments with regards to the situation of women, and had taken action in line with the previous recommendations of the Committee. The report had been elaborated in a participatory fashion, involving Government actors and non-governmental organizations. There had been a series of measures to promote gender equality, and others to sensitise the population as a whole. There had always been a basic consensus on the principle of equality and for respect of the rights of women. There was a clear political will from the King, and with support of the United Nations system, to support the situation of women.

Among questions and issues raised by Committee Experts were whether Morocco had deposited the withdrawal of the reservations to the Convention with the Secretary-General, and if not, were there obstacles to this; issues related to poverty reduction strategies and what specific steps and measures were being taken for poor women, considering their increased vulnerability; what concrete steps had already been taken to comply with the Government’s stated political will to encourage and sensitise women to increase their participation in the 2009 elections; what was being done to improve access to health services by rural women and whether there were specific plans for more health provision nodes in peripheral areas or other plans to provide universal and affordable healthcare for these women; and whether there were any evaluations or current data on programmes for rural areas such as on drinking water, electricity and roads.

Dubravka Simonovic, the Chairperson of the Committee, in preliminary concluding comments, said the Committee was clear that the concluding observations would be in good hands, and that Morocco would achieve gender equality in the near future, as good progress had been made. It was a peaceful and legal revolution, and what was needed was full implementation of action taken up to now, and the removal of the few discriminatory laws which remained. The withdrawal of reservations was important, and the adoption of laws in this regard was very encouraging.

Also among the delegation were representatives of the Permanent Mission of Morocco to the United Nations Office at Geneva, the Ministry of Justice, the judiciary, the Ministry of the Interior, the Ministry of Foreign Affairs and Cooperation, the Ministry of Islamic Affairs, the Ministry of the Economy and Finances, the Ministry of National Education, and the Ministry of Health.

The next public session of the Committee will be on Friday, 25 January, when the Committee will take up the sixth and seventh periodic reports of Sweden (C/CEDAW/SWE/7).


Report of Morocco

The combined third and fourth periodic reports of Morocco (CEDAW/C/MAR/4), presented in one document, affords an opportunity to highlight the latest progress made in the area of human rights and in consolidating the rule of law. The reforms undertaken in Morocco attest to the King’s determination to make democracy a reality in daily life and in the minds of the people, and to make the country a State governed by the rule of law. The establishment of the Equity and Reconciliation Commission represented a decisive step toward completing the process of democratic transition in Morocco. The Commission is composed of 16 members, including one woman, and is chaired by a former political prisoner. The Commission has made every effort to uncover the truth about serious human rights violations by undertaking investigations, gathering testimony, holding public hearings for victims and closed hearings with witnesses and former officials, searching through official archives and gathering data from all available sources.

Morocco’s distinctive approach to transitional justice manifested itself in the integration of a gender perspective in the research and investigation process: particular attention was devoted to women victims of human rights. The results were taken into consideration for purposes of awarding compensation. The prescriptive and institutional framework for human rights has also been enriched by the abolition of the Special Court of Justice. The Cabinet abolished the Special Court of Justice on 6 January 2004 and transferred its powers to the appeal courts. The abolition of this court will strengthen the rule of law, since it used to follow exceptional procedures unlike those followed in other courts. These exceptional procedures infringed on the right to a defence, failed to provide the guarantees necessary for a fair trial, and undermined the principle of equality before the law.

The reform of the Family Code was adopted unanimously on Friday 16 January 2004 by the House of Representatives and came into force on 5 February 2004. This reform allows women to reclaim their rights and lift the injustice and inequality weighing down on them and guarantees respect for women’s and children’s rights to the benefit of the stability of the family unit. The joint responsibility of husbands and wives in running the home is established. The Family Code was accompanied by the establishment of new structures in the form of family justice divisions and the institution of a judge competent to perform marriages. Substantial efforts have been devoted to the task of addressing many of the Committee’s main concerns and recommendations. The Technical Committee is pursuing its work of reviewing Morocco’s reservations and declarations relating to the Convention on the Elimination of All Forms of Discrimination against Women, and is considering the desirability of accession to the Optional Protocol to the Convention.

Presentation of Report

NOUZHA SKALLI, Minister of Social Development, Family and Solidarity of Morocco, introducing the report with a PowerPoint presentation, said the problems and goals of Morocco remained the same as during the presentation of earlier reports. The promotion of the rights of women in 1997 had seemed to be an insurmountable mountain. Today, the Government of Morocco had noted positive developments with regards to the situation of women, and had taken action in line with the previous recommendations of the Committee. The report had been elaborated in a participatory fashion, involving Government actors and non-governmental organizations. There had been a series of measures to promote gender equality, and others to sensitise the population as a whole. There had always been a basic consensus on the principle of equality and for respect of the rights of women.

In terms of the consolidation of reforms, many measures had been taken, including the restructuring of the Advisory Council on Human Rights, in accordance with the Paris Principles; the Justice and Reconciliation Commission, which studied human rights violations both past and present, with a gender sensitive approach; a Moroccan Ombudsman; and the commitment to Millennium Development Goals. There was also a National Initiative for Human Development, with the goal of putting an end to divisions between the regions on social, economic and cultural rights. When the Government took office, it restated its commitment to the reintegration of the gender perspective, to fight against discrimination against women, and to improve the situation of women in institutions in the direction of parity. The Ministry of Social Development supported women’s conditions, and protected them from violence and discrimination, among other work.

Morocco was revising its reservations to the Committee, and was considering ratifying the Optional Protocol. There was a clear political will from the King, and with support of the United Nations system, to support the situation of women. There were legislative reforms with regards to women, including of the Family Code and the Criminal Code, as well as the integration of the gender perspective into public policies, the fight against stereotypes, and the installation of gender-equal education.

However, despite these actions and others, a culture of discrimination still existed. It would take time to change mindsets in this regard. There was a lack of support networks for women who were victims of violence, and the role of the media when it came to fighting stereotypes was insufficient. With regards to women’s participation in public and political life, in 2002, women were allowed to access the House of Representatives through the National List - 10.8 per cent of the members of Parliament were women. In 2007, seven women were appointed to the Ministerial Cabinet. However, no affirmative action measures had been institutionalised. There was a mainstreaming of the gender perspective in public policies, the National Strategy for Equality and Justice, and budgets were made gender sensitive. A lot of progress had been achieved, but a lot remained to be done, if true equality were to be attained, and this should take several decades.

Questions by Experts on Articles One and Two

Among questions and issues raised by Committee Experts were whether Morocco had deposited the withdrawal of the reservations with the Secretary-General, and if not, were there obstacles to this; what was the timeframe with regards to the reformulation of the general declarations into specific ones on articles two and sixteen; whether the Government planned to amend the Constitution to introduce the principle of equality and that of the precedence of international law over national law; whether there were any plans to introduce to the Constitution a provision stipulating the application of special temporary measures; a request for information as to the application of the Convention in Western Sahara; whether the Ministry of Justice and of Social Affairs had submitted a recommendation to the Government on the Optional Protocol and its ratification; and whether there was any systematic training of the judiciary and legal profession on the Convention.

Response by Delegation

Responding to these questions and others, Ms. Skalli said the process of withdrawing reservations was progressing. The Government was one that had not yet been one hundred days in office, and it was in a period of transition, and this had contributed to the fact that certain actions had not been taken with due speed. Many reservations had been lifted, and amending the law of nationality so that women could transfer it to their children was the best proof that the reservation on article nine had been lifted. The rest of the process was still underway. The State was in favour of equality, and the process should culminate positively in coming weeks or months. The delegation said regarding the primacy of international law, in Moroccan legislation there were texts which stated that international treaties and conventions had primacy, and superseded national law. The Penal Code stated that international conventions superseded domestic legislation as regarded cooperation with other States. In Morocco, when there was a conflict between the two, international conventions superseded, and jurisprudence had been derived from this.

On the Consultative Council for Human Rights and the work of the Committee for Equality and Reconciliation, there were many articles in the report covering this, and the different measures taken, as well as how the gender approach was implemented with regards to prior human rights violations, Ms. Skalli said. Damages were paid to victims of human rights violations. During public hearings, men and women had testified as to their suffering and as to what they had endured in the past. On the implementation of laws on the whole of Moroccan soil, there was wide-spread implementation of the law and of all mechanisms covering human rights, and there was no regional or geographical discrimination. Work was being done to help poorer regions to bring them up to speed in terms of what was required to bring them up to standard on human rights. There was a great deal of movement in civil society to promote human rights, and the free press reported human rights violations freely, drawing them to the attention of all pertinent actors.

Global health coverage had begun in 2007, the delegation said, and it befitted the victims, current and past, of human rights violations, including women and children. The national plan for the promotion of the culture of human rights was set up in cooperation with national and international institutions, including the Consultative Committee on Human Rights and the Government. It was made public in 2007, and its implementation was beginning now. The goals of the programme were to train and raise awareness of human rights, so that they became a reality in the behaviour of the country, in terms of individual and collective behaviour. It had been established that women had suffered human rights violations related to forced disappearances, arbitrary detention, injuries, and sexual violence in the past, and the Unit for Equity and Reconciliation had provided assistance to them in various ways, including through psychological support and a scheme of community assistance to benefit more than just the individual.

Questions by Experts on Articles Three to Six

Among questions and issues raised by Committee Experts were what institutions existed at the Ministerial level to spur equality and whether there was a body charged in each Ministry to examine decisions and determine how they complied with the Convention; whether the National Strategy for Equality and Justice was already operationalised; issues related to poverty reduction strategies and what specific steps and measures were being taken for poor women, considering their increased vulnerability, what was the gender approach in this regard, and whether temporary special measures would be used in this regard; what was the relationship between the National Strategy for Gender Equality and other national strategies including the National Initiative for Human Development; which institution in Government was responsible for ensuring that women would contribute to and benefit equally from the Initiative; which agency of Government took responsibility for the content of the report and the implementation of the concluding comments so they were binding on all bodies and sectors; what could be done to discourage the practice of forcing the victim to marry her rapist; and what were the Government’s plans to remove remaining discriminatory provisions in law, such as the lack of a law on violence against women, domestic violence, marital rape, and honour killings.

Response by Delegation

Responding to these questions and others, Ms. Skalli said the Ministry of Social Development, Solidarity and the Family acted to promote the rights of women. It represented a new vision and understanding of social development, at the heart of which it placed the role of women, children, the disabled, and senior citizens. It implemented the gender perspective in order to ensure equality between genders. There was also a National Aid Centre which focused activities throughout the provinces of the country, carrying out actions and programmes in accordance with the orientation given by the Ministry. The Centre also acted to encourage development, fight poverty, and ensure the economic integration of disadvantaged groups, under the eye of the Ministry. The National Initiative for Human Development was coordinated by the Ministry, acting in the communes where poverty was above the national average, seeking to reduce the gaps between regions, bringing them all to the same level. Throughout this work gender mainstreaming was applied.

The delegation said among the references used in national strategies, the Convention was viewed as key. Particular attention had been paid to a working plan to fight stereotypes. There were centres throughout Government institutions and throughout the country, particularly in Government entities concerned with employment. These coordination centres played a fundamental role in examining plans of action on specific topics, some of which were given particular attention or focus, including the financial sector and civil education, as these were key to changing mentalities and raising awareness of the Convention. Female teachers had been trained so they were aware of the importance of human rights as they were recognised at the international level.

In 2007, the budget of the Ministry of Social Development was 395 million dirham, and in 2008 it moved to 460 million dirham. In terms of gender-sensitive budgeting, this did not represent a separate budget for men and for women - it was not a matter of ear-marked amounts, but more a new understanding of budgets, which aimed to bear in mind the different needs of the genders in urban and rural areas, with the aim of improving equality and justice. It aimed to empower women to achieve their political and economic rights. The implementation of this gender-sensitive budget, from 2002, was accompanied by a Gender Report examining the finance law, in which Ministries evaluated public spending in this regard, the delegation said. The analysis was based on performance indicators, and it showed the impact of the budget on both genders, which was positive in, among other areas, education, with a reduction of illiteracy levels and the difference in education between boys and girls. Gender-sensitive budgeting was a new way of understanding public spending, and not just a step forwards with regards to equality.

With regards to the fight against poverty, the delegation said the rate of poverty had gone from 14.2 per cent in 2004, to 11.7 per cent in 2007. On how women benefited from the National Initiative for Human Development, there were many Government bodies at the central, regional, provincial and local levels, all of which had female representation, which would be increased. All diagnostics that focused on the needs of the different groups of population bore in mind the gender perspective, which was one of the major principles of the Initiative. In all training programmes, the gender perspective was a key facet, both at organisational level and at the level of local development actors. The fight against poverty focused on developing opportunity, promoting soft development, moving from an aid to an enabling approach. Micro-credits played a fundamental role in this regard.

On fighting violence against women, actions were carried out at different levels, the delegation said, and the Government was committed to implementing a multi-dimensional plan to combat violence and accept into law measures against it. In all centres, 80 per cent of women complaining were victims of domestic violence. In terms of legislation, there was a declaration against all forms of violence against women, which was based on a resolution of the Committee, and two texts in the agenda, to amend the Penal Code and the law against violence. These could be amended to include measures to penalise the different types of violence against women. As related to services for women, this was also covered in the action plan of the Ministry of Social Development. The Ministry of Health also had a strategy to address violence against women and reduce it. The goal of the strategy was to provide support for women victims of violence as a health-care service.

The provisions of the Criminal Code dealt with all issues regarding attacks on honour, the delegation said. However, it did not include marital rape, as this was a conjugal duty. Other offences were sanctioned, and defended the interests of the woman, covering the conditions under which this occurred. The Ministry of Justice investigated cases of rape, and there was the possibility for the perpetrators to be brought to justice. Women victims of this type of violence could receive legal aid. The Judge Training Guide included all relevant texts, and included the duty to provide support to victims. The Ministry of Religious Affairs was also taking part in the strategy to encourage equality between men and women.

Questions by Experts on Articles Seven to Nine

Among questions and issues raised by Committee Experts were how women were appointed to fill the quotas in political parties and Parliament, as well as Parliamentary Committees and town councils; how concretely was the Government implementing the Declaration through which it committed itself to encourage women’s access to political institutions and decision-making posts, including through affirmative action; what concrete steps had already been taken to comply with the Government’s stated political will to encourage and sensitise women to increase their participation in the 2009 elections; what were the Government’s views on the compatibility of the law on nationality, specifically articles ten and nineteen, with the Convention and what was the impact and implication of the provision that international law took precedence over national law in this regard; and whether Moroccan women had to give up their nationality upon marriage to a foreigner and what was the situation of her children in this regard.

Response by Delegation

Responding to these questions and others, Ms. Skalli said with regards to the nationality code, article six had made it possible for a woman to unreservedly pass on her nationality to her children, no matter the nationality of the father. On article 19 and the loss of nationality, there was no question of a woman losing the benefit of her nationality when she wished to keep it - she had the right to give it up if she wished to, but it could not be stripped from her. On article ten of the Code, the Government had the right to refuse the granting of Moroccan nationality to a foreign man marrying a Moroccan woman - it was not an automatic process, and various requirements were applied, including a residency rule. On access to political rights, the problem was whether legislation should be binding to make political parties put in place a list containing women, or should the parties make decisions encouraging women to take part in political life - and it was the latter that appeared to be the most popular.

Questions by Experts on Articles Ten and Eleven

Among questions and issues raised by Committee Experts were what were the positive measures taken by the Government to reduce inequality between men and women, and between cities and rural areas, to promote scolarisation, and how the Government would ensure that children in rural areas could enjoy quality education; what was being done to reduce the illiteracy rate; what efforts were being made to sensitise women as to the Labour Code and to their rights in that regard; what measures were being done to eliminate educational segregation, promote equal participation of women in highly-skilled jobs and decision-making posts, and upward mobility in the labour market; what was being done to stimulate women to taking up non-traditional jobs; what mechanism was in place to adjudicate matters with regards to wage discrimination; how social partners were encouraged to respect the principle of equal pay for equal value; what was being done in ensuring that society did not continue to reinforce the traditional role of women with regards to education; what strategies were being developed to ensure that rural education was at the same level as urban education; and what was the clear situation of women’s employment, whether this was growing as it should be.

Response by Delegation

Responding to these questions and others, Ms. Skalli said employment and education were major problems for Morocco to confront. The delegation said that there was a National Framework on Education, which advocated a legal system that worked to enshrine an atmosphere of equality, and insisted on the necessary efforts to urge the education of girls in rural areas, and to take specific action to overcome the hurdles in that regard. Strides forward had been made in this area, with a clear evolution with regards to girls’ school attendance. Women benefited from education programmes, and these focused in particular on rural areas. On literacy, there had also been progress. With regards to mechanisms, literacy was protected by units at the level of primary schools, whose mission was to diagnose the situation of schools, and elaborate a programme of intervention and coordinate its application.

There was still a problem with regards to school drop-out figures, in particular in rural areas, the delegation said. The law on compulsory education worked to remedy this, as did Ministerial Decisions on supervision of school absenteeism. A monitoring system had been set up on schooling, and work done to encourage schooling in rural settings. Budgetary decisions had been made to increase the allocation to education. The principles of equality were promoted and women portrayed in positive lights during schooling. There was national mobilisation on the question of education, Ms. Skalli said, and the Council of Ministers was focusing on this with the intention of mobilising all energies, including the private sector, to overcome the challenges. The delegation said that many schools had clubs which held awareness sessions on human rights and the conventions as a means for reducing violence.

On employment issues, the delegation said there was discrimination against the girl child in schools, and this had effect on the labour market. There was an active policy to broaden social security, pensions, and medical coverage, as well as to increase the minimum wage, and strengthen the relationship between social partners. The rate of employment of women, which was 22.2 per cent in 2002 and was 24.6 per cent in 2006, had increased. This was mainly due to the increase of the rate of employment in the rural sector – 32 per cent to 37 per cent from 2002 to 2006. However, unemployment remained higher for women than for men. Trends were to the detriment of independent workers in the urban area, but there was also a drop in informal work. However, in the social security sector, it could be seen that women were more dynamic than men. Unequal pay was far higher at the top of the pyramid than at the base, where there was a trend towards equalisation of salaries. The Government had adopted solutions to solve this through reforms that had had an impact on the Labour Code, with a policy for social responsibility, which was voluntarily adhered to by employers.

The Government had engaged in an effort to support the prices of natural gas and of food products, trying to keep them as stable as possible, the delegation said. Ms. Skalli said with regards to implementation of the national effort to promote the situation of women in Western Sahara, the policies and programmes of the Government were applicable to all provinces, but with regards to the Moroccan Sahara, Morocco had invested heavily in these regions, as their situation was quite precarious, and they therefore benefited more from reverse discrimination in order to improve their living conditions, with regards to roads, drinking water, access to health services and others, and indicators showed that rates in the area were positive, and the investment policy had seen returns. The Ministry of Social Development had a programme on domestic workers and the employment of young girls, the delegation said, in order to, among other things, reduce the number of very young girls employed as domestic workers.

Questions by Experts on Articles Twelve to Thirteen

Among questions and issues raised by Committee Experts were that women were at a disadvantage within the couple and whether the Government was concerned by this and had a specific strategy in this regard; what factors lay behind the increase in maternal mortality figures, and whether the Government had analysed them and responded with an active solution; whether there had been any research on illegal abortion and whether this increased mortality; what was being done to improve access to health services by rural women and whether there were specific plans for more health provision nodes in peripheral areas or other plans to provide universal and affordable healthcare for these women; and how effective was the compulsory health insurance, especially for the self-employed and those in the informal and private sectors.

Response by Delegation

Responding to these questions and others, Ms. Skalli said with regards to marital rape, the current legislation considered this a matter of marital duty, but the issue was being reviewed for the upcoming bill of law on violence against women. On equality in the couple, it was unacceptable that there was violence in the family, even if there was a legitimate relation, even if it were by the woman’s husband. In the legal tradition in Morocco, there had been types of sexual abuse within couples that had been dealt with by judges, but these were done discreetly.

On maternal mortality, the information was contained within the report, and the rates had improved recently. On differences between urban and rural areas, this was clarified in paragraph 275 of the report. Maternal deaths remained high, and were an element for the Ministry of Health, as they ran contrary to the programme of development of the country, and the Ministry was studying an ambitious plan to enhance the situation for mothers and new-borns, including through increasing accessibility of health centres. A major effort had been made to adapt World Health Organization requirements on maternal and new-born health. All maternal deaths in future would be investigated by an audit. Maternal deaths would no longer be taken for granted. The budget for medicines would increase this year, and would allow all Moroccan citizens to have access to care after medical consultation, as this was a key component of equality. With a view to increasing accessibility, there was a mobility strategy, and resources were allocated in this regard so as to access the more remote and hard-to-reach areas.

The private sector was closely involved in the plans of the Ministry of Health, particularly with regards to maternal deaths. Medical efforts were focused on two elements: compulsory health insurance, which covered the pubic and private sector, as well as retirees, and had increased the figures of health coverage; and the coverage of disadvantaged groups, namely approximately one third of the population. The third of the population that remained were freelancers and independent workers that had specific products to cover their health concerns, with the ultimate goal of there being universal coverage. Morocco aimed to reach the goal of over 80 per cent coverage throughout the country by 2009.

Questions by Experts on Articles Fourteen, Fifteen and Sixteen

Among questions and issues raised by Committee Experts were what exactly constituted the Social Priorities Programme and what areas it covered; whether there were any evaluations or current data on other programmes for rural areas such as on drinking water, electricity and roads; what was being done to increase the participation of girls in an apprenticeship programme and whether there were campaigns planned to increase this; whether there was a system of reforms to help children reintegrate in schools once they had dropped out to perform agricultural activities; how the Government was promoting rural women’s visibility and voice in the decision-making process in the rural set-up, particularly in political and governmental positions; what was the status of the Plan of Action to benefit rural women, how long was the programme, and how many women had benefited from it; what had been done to eradicate early marriage in rural areas; a request for clarification on the nature of divorce rights for women, including on alimony and maintenance payments; why prenuptial agreements were not encouraged by raising awareness among women of this possibility which provided them greater protection; whether there were any de facto marriages, whether there were any statistics on this and whether the female partner had any rights in this context; the need to enforce the minimum age of marriage; and whether progress was being made with regards to reduction of polygamy.


Response by Delegation

Responding to these questions and others, Ms. Skalli said with regards to rural women, this was at the very crux of developmental issues and priorities, as once all rural women in Morocco enjoyed all their rights, then Morocco would have achieved developmental goals at a high level. If public funding and budgets could be further improved and benefit all groups in an equitable manner, with equal access to women, then the situation of rural women would be improved, and Morocco would have risen to the developmental challenge. It was hoped that in the 2009 elections there would be far greater representation of women in order to comply with Millennium Development Goal Three. All these factors were driving forces that should drive rural development and ensure that the State’s intentions in the rural sector were achieved. The delegation said with regards to water, energy, and access to transportation, the approach was to diagnose the situation and determine priorities, both political and national, then to determine which programmes were underway which would ensure a means of ensuring the ends were achieved.

Water was a strategic resource, and there was recurrent drought in Morocco, which was a major issue in the rural area, the delegation said. Access to water had an impact on education and school attendance, as well as on health. On energy, work was being done to reduce energy poverty, which affected a large segment of the population, and this had reduced, among other things, public violence and violence against women and girls. It had also improved bodily hygiene, reduction of unemployment, and migration towards the cities. Women and girls had seen a reduction of their domestic workload. There were hundreds of centres throughout the country which provided vocational training, as well as worked to fight against illiteracy, Ms. Skalli said. Cooperatives could also sell their production at these centres, and thanks to projects implemented at the centres.

The Family Code was very important, and it had been adapted, but there was always resistance to this, particularly with regards to this sensitive subject. However, the laws played a structuring and strengthening role, and Morocco believed strongly in the reform of the Code, Ms. Skalli said. Things had changed, and this should be acknowledged. Repudiation of a woman by a man in practical terms did not exist in Morocco any more - now, a divorce had to be submitted to the authorisation of a judge, who would only authorise it depending on certain criteria. Divorce had become regulated, and thus repudiation or talaq could not any more really be referred to. Premarital contracts were not usually used due to romantic notions held by the couple that they would never separate. Judges were provided with training on how to divide the goods of the couple upon divorce. A certain amount of latitude had been left with regards to the issue of early marriage, so that women who were pregnant at 15 or 16 could get married and provide their child with legitimacy.

With regards to polygamy, the delegation said judges studied every case individually. It remained an exceptional situation in the Family Code. It was in regression, Ms. Skalli said. A wife could free herself from a marriage in cases of polygamy. It was an institution that would eventually disappear, and this disappearance was already in progress. The reform of the Family Code had redressed discrimination against the girl child, allowing her to benefit from inheritance.

In response to brief follow-up questions, the delegation said the Vienna Convention, on the rights of treaties, made a distinction between provisions that could be subject to reservations, and those that could not. With regards to the second, these were reservations that dealt with the goal and aim of the Convention - as all reservations compromised the implementation of the Convention. With regards to the first, either there could be an interpretative declaration as to how the provision was implemented, or a total disregard of that provision. There was a great deal of coherence between what had been produced in Morocco’s interpretative declaration and reservations, and the Secretary-General would be informed in due course as to the removal of the reservations. On legislative initiatives that favoured women, Ms. Skalli said she would not remain inactive in this area: a law against violence, others against paedophilia, one protecting household workers, another protecting voters would be enacted. There were legislative initiatives in all these areas, and they would be duly implemented. On representation of women, changing mentalities was something that took time, and studies had shown the fact that because women had not been elected was not due to prejudice, but due to a lack of women candidates standing for office. On maternity leave and the role of work inspectors, the delegation said the labour code had a series of measures, and the work inspectors ensured it was implemented. The law forbade the firing of pregnant women.


Preliminary Concluding Comments

DUBRAVKA SIMONOVIC, Chairperson of the Committee, in preliminary concluding comments, said the Committee was clear that the concluding observations would be in good hands, and that Morocco would achieve gender equality in the near future, as good progress had been made. It was a peaceful and legal revolution, and what was needed was full implementation of action taken up to now, and the removal of the few discriminatory laws which remained. The withdrawal of reservations was important, and the adoption of laws in this regard was very encouraging. When the reservations were withdrawn, then this would be confirmation of the progress made to date. Concluding comments would cover the issues raised during the meeting, and it was hoped that progress would be made so that at the next report, achievements would be announced to show the Committee the progress that had been made.


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