Implementing CEDAW Third and Fourth Periodic Reports

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Implementing CEDAWThird and Fourth Periodic
Reports
KINGDOM OF MOROCCO

• Presented by
• Mrs. Nouzha SKALLI
• Minister for Social Development,
• the Family and Solidarity

Geneva, Thursday 24 January 2008
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I am pleased to present Moroccos report to the
CEDAW Expert Committee

• Eleven years after having presented a
  parallel report to Moroccos initial report on
  behalf of NGOs

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Back then, the promotion of women's rights seemed
to us to be quite an arduous task
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Women's rights were simply ignored

• The personal status law maintained women under
  guardianship
• Womens representation was almost non-existent
• 0.34 percent in communes
• 0.66 percent in Parliament, and
• no woman ever held a ministerial position, was
  Secretary of State, or even Secretary-General, or
  president of a commune!

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What about the situation today?

• In accordance with the provisions of article 18
  of the Convention on the Elimination of all Forms
  of Discrimination against Women, Morocco presents
  the 3rd and 4th periodic reports in a single
  document, in keeping with the recommendations
  made by the Committee during examination of the
  second periodic report (CEDAW/CMOR/2) at its
  627th and 628th sessions on 15 July 2003
  (CEDAW/C/SR 627 and 628).
• The Moroccan Government noted with satisfaction
  the positive elements underlined by the Committee
  on the elimination of discrimination against
  women. It has taken into consideration the
  suggestions and recommendations made by the
  Committee (CEDAW/C/SR 627 and 628).
• This report will shed light on what has been done
  in connection with the recommendations and
  concerns expressed by the Committee and will
  recall the measures taken with a view to
  implementing the Convention since the
  presentation of the second report.

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Report Methodology

• Participatory approach involving Government
  officials who are here with us today, NGOs,
  international cooperation and United Nations
  Specialized Agencies.
• Information and sensitization
• Information and awareness raising sessions
• First public presentation in May 2006 before
  postponement of the examination date
• Presentation to the members of the Houses of
  Parliament on 8 January 2008
• Presentation, on 9 January 2008 in Rabat, to the
  NGOs which had prepared the parallel report
• Presentation to the media and to public opinion
  on 18 January 2008 in Casablanca

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Action Plan

• Political context
• Institutional reforms and political commitment
• Governemental mechanism in charge of womens
  conditions
• CEDAW implementation status
• Addressing the question of reservations
• Legislative and political reforms
• Institutionalization of gender-based approach
• Challenges and perspectives

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Political context

• Institutional reforms and political commitment
• Governmental mechanism in charge of womens
  conditions

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Consolidation of Reforms Human Rights and
Womens Rights

• Restructuring the Advisory Council on Human
  Rights (C.C.D.H) in accordance with the Treaty of
  Paris on national institutions
• Justice and Reconciliation Commission (IER), with
  a gender-sensitive approach
• Commitment to implement MDGs (2005 gender
  sensitive national Report)?
• Initiating the process of lifting reservations
  and signing the optional protocols to conventions
  (International Covenant on Civil and Political
  Rights, Convention on the Rights of the Child,
  CEDAW)

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Launching the National Initiative for Human
Development (INDH)?

• King Mohammed VI launched the National
  Initiative for Human Development on 18 may 2005
• The initiative is designed to put an end to
  regional and gender disparities in terms of
  economic, social and cultural rights (ESCR)?
• Participatory approach and social mobilization at
  local level

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Clear political commitment

• Appointment of 7 women ministers in the current
  cabinet - including 5 full ministers - for the
  first time in Morocco
• Reaffirming, through the Government statement of
  policy on taking office, Moroccos pledge to
  adopt an integrated, multisectoral plan for
  mainstreaming a gender perspective
• Commitment by the government to fight all forms
  of discrimination and types of violence against
  women
• Pledge to improve womens representation in
  elected institutions in a bid to achieve parity

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Governmental Mechanism in charge of Womens
Conditions

• The Ministry for Social Development, the Family
  and Solidarity is the institution in charge of
  promoting womens conditions, supporting and
  enhancing their legal status, ensuring their full
  participation in development, and protecting them
  against various forms of violence and
  discrimination  
• The Ministry acts like a social hub involving the
  National Solidarity Agency, the Social
  Development Agency (ADS) and the National
  Institute for Social Action (INAS)?

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III. Implementation Status of CEDAW Provisions
and of Recommendations

• 1. Addressing reservations to CEDAW
• 2. Legislative and political reforms
• Legislative reforms
• Participation in political and public life
• Fighting stereotypes
• Institutionalizing a gender-sensitive approach
• 3. Economic and social rights
• 4. Fighting gender-based violence

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1- Addressing Reservations to CEDAW

• In March 2006, the Moroccan government
  expressed its intention to review the
  reservations it had entered during the
  Conventions ratification, and to join the
  Optional Protocol to CEDAW.
• The Inter-ministerial Commission on civil
  liberties and human rights was set up under the
  chairmanship of the Prime Minister it tasked an
  inter-departmental technical committee with
  follow-up.
• Some reservations and declarations have been
  withdrawn. Other reservations have been replaced
  with interpretative declarations.
• Adherence to OP-CEDAW and question of reservation
  was examined in the last cabinet meeting, and
  steady progress has been made in terms of
  implementing procedures to join the protocol.
• The following table indicates the progress
  made with respect to lifting the reservations

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Initial Reservations and Declarations Entered by
Morocco in 1993

• Reservations
• Article 9 paragraph 2
• Article 16
• Article 29
• Declarations.
• Article 2
• Article 15 - paragraph 4

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Legislative Reforms and Policies since the
Examination of the last report in July 2003

• Many reforms were carried out and
  consolidated, new vast projects were started in
  the area of protection and promotion of human
  rights in general, and basic human rights for
  women and young girls, in particular.
• Thanks to the dynamism and pugnacity of the
  movement for women's rights
• Thanks to the modernist vision and strong
  political will of His Majesty the King and
• Thanks also to the support of international
  partners, especially those of the United Nations
  system

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2- Legislative and Political Reforms

• Legislative reforms
• Starting the integration of the gender
  perspective in public policies gender-sensitive
  budgeting
• Womens access to decision-making positions
• Struggle against gender-based violence
• Education and gender equality

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Legislative reforms

• New Family Law
• Based on equality and shared responsibility
• Abrogation of the guardianship obligation
• Gender equality in terms of legal age for
  marriage, uniformly set at 18 years
• Judicial divorce under legal supervision
• Women now automatically gain access to divorce on
  grounds of  discord 

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Protection for the wife and children in case of
dispute

• Article 121 Provisional measures in case of
  litigation between
• spouses

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This major reform has been seen as a peaceful
revolution

• benefiting women, children and gender equality in
  general

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Following the Enforcement of the Family Law

• Mentalities and social practices do not change
  overnight
• The law contributes to a change of attitudes
• Conclusion the era of arbitrary action against
  women is over! The path to negotiation is open.

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Measures to accompany this important reform

• A participatory assessment is carried out each
  year by the Ministry of Justice
• Training and a guide-book are at the disposal of
  judges
• Family courts set up within tribunals
• Women accede to the position of family court
  judges

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Other Legislative Reforms

• Penal Code Suppression of discriminatory
  measures against women
• Code of Criminal Procedure Better safeguards
  for the protection of human rights
• Labor Law Gender equality in terms of job
  opportunities penalization of sexual harassment
  

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2007 Reform of the Nationality Act

• Article 6 Women may now pass on
• their nationality of origin
• to their children born to a
• foreign father

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Pursuing Efforts to Consolidate Human Rights and
Gender Equality

• The efforts made by Morocco to honour its
  international obligations are continuing in a bid
  to harmonize national legislation with the
  stipulations of international human rights
  instruments ratified by Morocco.
• Various policies and sepcific measures are
  undertaken to combat discrimination against
  women.
• However, one has to admit that although gender
  equality is clearly established in legal texts, a
  culture of discrimination against women still
  persists

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Persisting Constraints and Challenges

• Mentalities and soci-cultural resistance
  attitudes still hinder the implementation of
  principles of equality and justice
• Weak information among women, especially in rural
  settings
• Inadequate infrastructure (family courts)?
• Deficiencies in terms of support networks for
  women who are victims of violence
• Inadequate information about, and sensitization
  to the culture of gender equality
• Insufficient role of the media in combating
  stereotypes

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Womens Participation in Political and Public
Life

• 2002 Women accede to the House of
  Representatives through the national list 10.8
  of MPs
• Appointment of women in various decision-making
  positions
• Appointment in 2007 of 7 women in the current
  cabinet, a first in the country
• However, no affirmative action measure has been
  institutionalized

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Fighting Stereotypes and Promoting Education on
Equality

• Guidelines of the National Education and Training
  Charter in 2002 Measures undertaken by the
  Government
• Integration of gender equality and equal
  opportunity in the strategic framework of the
  education system
• Education policy introduced the notion of
  equality in specifications for the preparation of
  textbooks
• Setting up textbook review commissions in light
  of human rights principles.
• Preparation of the Charter for improving the
  image of women through the media, and signature
  of the said Charter by all actors concerned in
  presence of the Prime Minister

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Institutionalizing the Gender Perspective in
Public Policies

• Gender-responsive budgeting
• National strategy for equality and justice

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Gender-responsive budgeting

• The planning, programming and gender-responsive
  budgeting (GRB) process started in December 2002
• Enhancing budgetary performance Generalizing the
  new, result-oriented budgetary approach
• Public policy formulation, implementation and
  assessment take into account the differentiated
  interests of women, men, girls and boys
• A guidebook on budgetary reform has ben prepared
  by the Finance Ministry in collaboration with
  UNIFEM, and has been placed at the disposal of
  MPs
• For the third consecutive year, a gender report
  has been published by the Finance Ministry it
  assesses the efficiency of public policies and
  the promotion of justice through budgetary
  allocations

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National strategy for equality and justice

• Preparation of the national strategy for gender
  equality and justice through mainstreaming of the
  gender perspective in development programs and
  policies adoption of the Strategy by the
  Moroccan Government on 19 may 2006.

Broad-based consultations Collaboration and
participation of various ministries, NGOs,
political parties, Parliament, private sector...
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Gender Institutionalization

• Production of gender-related statistics
• Consolidation of gender focal points
• Undertaking a gender analyse/audit at the level
  of three institutional departments and
  preparation of action plans for the
  implementation of the gender strategy
• Ministry for Social Development, the Family and
  Solidarity.
• Ministry of Communication.
• Ministry for the Modernization of Public Sectors

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PERSPECTIVES Institutionalization of Gender

• Strengthen the Ministrys role of coordination,
  stimulation and orientation
• Develop an operational plan for the strategy
• Set up a Higher Council for Women Weve already
  started thinking about this subject
• Give impetus to the Gender Cooperation Committee
  set up in June 2007 with international partners
  with a view to harmonize equality-oriented
  actions, by referring to the gender strategy  

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Elimination of Violence Against Women

• National Strategy for the Elimination of Violence
  Against Women in 2002
• ? Operation Plan for the National Strategy on the
  Elimination of Violence Against Women in 2004

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Fighting Violence Against Women

• Nationwide Helpline (Numéro vert national)
  (080008888) to service women victims of violence
• Set up a standardized information system with
  different institutional stakeholders
• A bill on the elimination of violence against
  women is on track
• A tripartite steering committee
  Ministries/NGOs/Experts currently working on the
  establishment of an National Observatory on
  violence against women
• Expanding listening, legal and psychological
  counselling centres for women victims of violence
  by the Government and NGOs
• Since 2005, reception units are being set up
  within courts of first instance for women victims
  of violence
• Two reception units for women victims of violence
  at the university medical centres in Rabat and
  Casablanca
• Designation of a gender focal point within the
  Judicial Police Directorate, under the authority
  of the General Directorate of National Security

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First Nation wide Campaign in 1998.
2004
2006
2005
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5th Nation wide Campaign of Fighting Violence
Against Women in 2007
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Perspectives for the Elimination of Violence
against Women

• A National Survey to improve knowledge on the
  prevalence of gender-based violence
• Legislation A bill on the elimination of
  violence against women on track
• Amendment of discriminatory provisions contained
  in the penal code
• Institutionalization of the National Observatory
  on violence against women
• Home care centres to host women victims of
  violence
• Care centres for abuse perpetrators
• Territorialization of listening and reception
  facilities for women in partnership with
  different stakeholders
• Dissemination of the culture of equality and
  raising awareness to thwart tolerance of violence
  against women

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Economic, Social and Cultural Rights

• Equality in education
• The right to employment and work
• Fighting child labour
• Access to health care services

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Education

• Net progress of schoolgirls enrolment between
  1999 and 2005 
• At the preschooling level
• Primary schooling nationally, the rate of
  enrolled children has moved from 74,2 in
  1999-2000 to 90,08 in 2005
• 95,69 of girls enrolled in urban areas and
  84,25 in rural areas.
• Junior and senior secondary enrolment a
  forward-looking policy is carried out through
  building of Dar attaliba (boarding houses for
  girls) everywhere in the country to fight school
  wastage among girls
• However, shortages persist, namely
• School wastage rates
• Urban/Rural and Girls/Boys disparities
• Illiteracy

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The Right to Employment and Work

• Important legislative improvements
• Significant progress has been recorded in the
  protection of womens labour rights
• Statement of policy on non-discrimination, namely
  gender-based discrimination, within the amended
  labour legislation
• Some constraints are limiting the impact of such
  improvements
• Gaps in current legislation (e.g. domestic
  labour)?
• Difficulties and obstacles in enforcement

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Fighting Child Labour

• Child labour has globally decreased thanks to
  raising awareness action carried out by a large
  number of stakeholders,
• However, child labour is persisting, particularly
  among girls who are hired as domestic workers
• These young girls are victims of economic
  exploitation and sometimes of sexual abuse and
  violence

A thorough and integrated policy has been put in
as part of the PANE 2006-2015 A Morocco Fit for
its Children Pour mettre fin à ce fléau et
permettre aux enfants des deux sexes de vivre une
vie saine
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Employment Innovative Initiatives that Need to
be engendered!

• Encouraging youths to create their own
  businesses,
• Supporting training and integration of young
  university graduates in their active life,
• Introducing new instruments for rationalizing the
  functioning of the job market and modernizing
  labour legislation
• Such innovative initiatives need to be engendered
  so as to benefit girls and boys on an equal
  footing

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Access to Health Care Services

• In the area of reproductive health, several
  national programmes have been adopted
• However, the rate of maternal mortality is still
  an alarming plague that needs to be urgently
  addressed!

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So far, we have climbed quite a number of steps.
But there are still many other steps to climb,
to achieve equality between men and women
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Womens conditions in Morocco a half-empty or
a half-full glass

• But this glass
• is being filled

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Challenges Perspectives

• An action plan, based on an integrated equitable
  and egalitarian gender vision, is on the agenda
  and will be implemented through
• Institutionalizing equality and implementing
  forward-looking public policies in favour of
  equality
• Pursuing mainstreaming of the gender perspective
  into policies and budgets
• Continuing to lift reservations to the CEDAW
  Convention and acceding to its Optional Protocol
• Pursuing legislative reforms so as to eliminate
  all forms of gender-based discrimination
• Adopting specific provisional measures designed
  to achieve gender equity and reduce gaps between
  men and women in all areas and more particularly
  in political participation and decision making
• Implementing actions aimed at promoting the
  culture of equality and combating stereotypes.