FREEDOM OF ASSOCIATION IN THE EURO-MEDITERRANEAN REGION

MONITORING report 2009 Copenhagen - December 2009 Euro-Mediterranean Human Rights Network Vestergade 16, 1456 Copenhagen K - Denmark Tel: + 45 32 64 17 00 - Fax: + 45 32 64 17 02 E-mail: [email protected] Website: http://www.euromedrights.org

© Copyright 2009 Euro-Mediterranean Human Rights Network

Bibliographic Information: Title: Monitoring Report on Freedom of Association in the Euro-Mediterranean Region – 2009 - Corporate authors: Euro-Mediterranean Human Rights Network (EMHRN) - Publisher: Euro-Mediterranean Human Rights Network (EMHRN) - Date of first publication: December 2009 - Pages: 115 - ISBN: 87-91224-45-4 - Translation into Arabic: Ilham Ait Gouraine - Translation into French: Lise Pommier - Translation into English: Marc Forand Drafting, proofreading, editing and coordination: Thibaut Guillet, Anne Czichos, Salma Anwar, Marit Flø Jorgensen, Marc Schade-Poulsen and the EMHRN Working Group on Freedom of Association - Graphic Design: Sarah Raga’ei - Printing: Hellas Grafisk A/S - Cover Photo: Farah Kobaissy - Photography by: Al-Hiwar Tunisian channel, Al-Quds Center for Political Studies, Danny Hammontree, Getty, Families of Algeria’s Disappeared, Farah Kobaissy, Lambada Istanbul, Libya Al-Youm, Neta Oren, Oren Ziv/Activestill.org, The National Association of Unemployed Graduates of Morocco, Thomas Schaffer - Index terms: Freedom of association/ Human Rights/ Minorities/ GONGOS - Geographical terms: Mediterranean Countries/ North Africa/ Middle East

This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of the Euro-Mediterranean Human Rights Network and can under no circumstances be regarded as reflecting the position of the European Union. TABLE OF CONTENTS

INTRODUCTION 4

METHODOLOGICAL NOTE 14

COUNTRY CHAPTERS Freedom of Association in 2008-2009 and Recommendations Algeria 16 Egypt 23 Israel 28 Jordan 36 Lebanon 41 Libya 45 N Morocco 52 Syria 57

The Palestinian Territories 65 R Tunisia 71 Turkey 78 The European Union countries 85 H

ETHNIC, LINGUISTIC, CULTURAL AND RELIGIOUS DIVERSITY AND FREEDOM OF ASSOCIATION 96 M

NOTE ABOUT GONGOS AND THEIR IMPACT ON FREEDOM OF ASSOCIATION 108 E

MOROCCO

hile the human rights situation in general, and freedom of association in particular, significantly improved starting in the late 1990s, developments later began to Wstagnate. The events in Sidi Ifni constituted a particular source of concern for human rights associations during the past year and demonstrated that any achievements in the field of human rights remain “fragile”. The situation with regard to Freedom of Association has stagnated, and a number of associations have continued to encounter obstacles in exercising their right to assemble and in registering,1 as the administrative authorities have failed to implement relevant legal provisions.

2009 INDICATORS

Registration Access to Interference Other Morocco of Dissolution foreign /harassment elements associations funds 2009

INTRODUCTION

The Political Situation and the General Framework of Democracy and Human Rights

The preamble of the 1996 Constitution affirms Morocco’s commitment to universally recognised human rights. Article 9 guarantees all citizens the freedom to move to and settle in any part of the territory, freedom of opinion and expression, freedom of assembly and association, and freedom to join any labour union or political association.

In Moroccan national legislation, freedom of association is governed by the Code of Public Liberties of 1958, which contains Dahir No. 1-58-376 on freedom of association, Dahir No. 1-58-377 on public gatherings, and Dahir No. 1-58-378, which establishes the press code. The Dahir of 1958 on freedom of association was amended and modified in 1973 and 2002. The reform of 2002 was a result of Act No. 75-00, which was promulgated on 23 July 2002, and mitigated the strict character of the Dahir of 1973 by making some modifications concerning the declaration procedure, the capacities of associations which are simply declared, and the procedure for recognising associations’ work as being in the public interest.

1 The Euro-Mediterranean Human Rights Network, Human Rights Watch and the Moroccan Observatory for Public Liberties addressed a letter to the Ministers of Interior and Justice on 26 June 2009, to draw their attention to a number of associations which have been unable to obtain the registration receipt required by law.

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However, exercise of freedom of association is limited 2008, the UN Human Rights Council underlined by legislative instruments which are shaped by security- that Morocco had made important advances with oriented and repressive attitudes and result in an respect to democratisation. However, the government unwillingness on the part of the administration to was urged to institutionalise the protection of enforce the provisions of the existing law. Act No. 03-03, freedoms and to guarantee the independence of the which was promulgated in the wake of the attacks of judiciary as the protector of collective freedoms. The 16 May 2003, contains several provisions which restrict Moroccan government was also invited to reconcile freedom of association. The law modified the criminal its obligations with respect to public liberties with code and the code of criminal procedure to make them security considerations in its fight against terrorism. more repressive. According to Article 1, for example, a number of offences constitute “terrorist” acts “when Accordingly, the Moroccan government was called they are intentionally related to an individual or upon to act on its commitments in the field of human collective enterprise which aims at gravely disrupting rights by adopting legislative instruments to protect public order through intimidation, terror or violence”. individual and collective freedoms and determine the Such a relatively broad definition of “terrorism” can lead public authorities’ scope of action, in accordance with to violations of the freedom of association in the name Morocco’s international human rights obligations. of public order or state security.

It is in this context that, in 2009, the public authorities I - Formation of Associations searched the homes of activists from the Adl Oua Ihsan (Justice and Charity) association, and on 9 July 2009, the A paragraph which was added to Article 5 of Dahir No. Court of Appeal of Beni Mellal postponed the trial of 32 1-58-376 of 15 November 1958 through Law No. 07- of the movement’s women activists until 21 September. 09 of 18 February 2009 stipulates that, as soon as they The women are being prosecuted for belonging receive an association’s declaration of establishment, to an unrecognised association and for organising the public authorities have “the possibility [of] and holding meetings without authorisation. The conducting investigations and [of] receiving a copy of public authorities have banned all of the movement’s the concerned individuals’ police records.” According to public activities, as well as meetings at the homes of a previous amendment of Article 5, by Law No. 75-00 of its representatives. In Oujda, Mohamed Abbadi was 2002 on the formation of associations, the administration prosecuted for holding unauthorised meetings, and moreover is required to issue a provisional receipt before Mohamed Barchi was prosecuted in Casablanca. It is issuing a final receipt within 60 days from the date of worth noting that the Moroccan authorities tightened the declaration. The same procedure must be followed their control over the Adl Oua Ihsan movement in when an association’s members amend its statutes or 2009, partly due to the fact that the Italian police were hold new elections. If the receipt is not issued within the investigating 11 of the movement’s activists, who 60-day period, the association is entitled to carry out its were suspected of “criminal association for purposes of activities in accordance with its statutes. However, in international terrorism”. Following several investigations, practice, the administrative authorities do not respect the Italian authorities managed to unveil a financing the law. They either request the fulfilment of formalities mechanism for “extremist” activities and plans to not required by law, or refuse to issue the provisional establish an Islamic caliphate in Morocco, and concluded receipts necessary to enable associations to complete that the movement was part of the “jihadist trend”. The other administrative procedures. Moroccan authorities use the provisions of Act No. 03- 03 to control the religious domain and money transfers The Act of 2002 also authorises the directors of to finance Islamist movements, in order to reduce the associations to entrust a bailiff with the mission movement’s financial means and limit its propaganda of submitting the declaration of the association’s and recruitment activities. establishment to the competent authorities. Administrative practice has not changed, however, and In the recommendations it made within the local authorities continue to refuse to issue provisional framework of the Universal Periodic Review in April receipts to bailiffs.

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Thus, while the Amazigh Network for Citizenship It was not possible to determine the exact number of submitted a declaration to the authorities of the Rabat- associations in 2008-2009. It is worth noting however Salé-Zemmour-Zâir wilaya following its inaugural that the number of NGOs dealing with violence against meeting in 2002, it only received a receipt in 2006. women has increased from 32 to 61 over the past four In accordance with its statutes, the Network held its years. second National Congress in Khemisset on 4-6 July 2008, and afterwards submitted a declaration and request for renewal to the Wilaya of Rabat, as required by II - Life of Associations law. However, it has not been successful in obtaining a receipt since then, and the year 2009 was characterised Public gatherings must be authorised by the Interior by the authorities’ unwillingness to acknowledge the Ministry. The Ministry can refuse to authorise a meeting renewal of the boards of several Amazigh associations, if it believes that the association in question is likely to including the Aguelmane association of Dayet Aoua “disrupt the public order”. (Ifrane province) and the Touiza association (Nador province). The public authorities are therefore unwilling to grant some students associations, including the National Likewise, the founding members of the National Union of Moroccan Students, the freedom to carry Association of Unemployed Graduates tried to submit out their activities. The same holds true for human the documents required to establish the association in rights organisations, such as the Association marocaine October 1991, but the authorities have continuously des droits de l’Homme (the Moroccan Human Rights refused to issue a provisional receipt. The association Association), whose Rabat section was refused has nonetheless held nine general assemblies, the permission to organise an event on 7 June 2009, on the last of which took place in 2008 and was followed by occasion of World Environment Day. another attempt to inform the Wilaya authorities of the composition of the association’s board in writing, in The members of the National Association of Unemployed accordance with Article 5 of the law on associations. The Graduates are often subject to interventions by the association has not succeeded in obtaining a receipt. police, who resort to violence to break up the students’ demonstrations in front of the Parliament in Rabat and In addition, the authorities in Al Ayoun have continued point to the need to maintain public order and prevent to refuse accepting the submission of documents by traffic disruptions. On 22 July 2009, several members the Sahrawi Association of Victims of Grave Violations of the association were injured during clashes with Committed by the Moroccan State (Association the police and four of them were hospitalised at the sahraouie des victimes de violations graves commises Avicenne Hospital. par l’État marocain, ASVDH). Following a complaint by the organisation in May 2005, the administrative On 9 July 2009, the Marrakech Court of Appeal tribunal of Agadir’ ruled in 2006 (ruling no. 041-2006 R) moreover sentenced 11 activists of the National Union that the authorities’ administrative decision had been of Moroccan Students2. The students were charged with illegal because it had not respected the relevant legal participating in an armed gathering, insulting behaviour provisions (decree no. 176/2006). and violence against civil servants, destruction of public and private property, arson, aiding and abetting arson, These practices put associations in a vulnerable position attempted murder, and aiding and abetting a murder where their members’ right to associate is restricted, and attempt. They had been detained following a march where they cannot easily rent spaces for the organisation of 3,000 students on 14 May 2008, which had been of demonstrations, open a bank account or raise funds linked to a strike by the students of the Law Faculty of for their organisation. They are thereby prevented from Marrakech and led to a confrontation with the police’s fully contributing to the development of democracy and social, economic and cultural justice in Morocco. 2 Zahra Boudkour, Morad El Chouni, Khaled Miftah, Mohamed Larbi Gadi, Youssef Alaoui, Othmane El Chouni, Alae Derbali, Youssef Masdoufi, Abdal- lah Rachidi, Mohamed Rachidi, and Jalal El Kitbi

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mobile intervention teams, which caused injuries on on the basis of which the administrative tribunal of both sides. Abdelkader Bahi, a student, is disabled after Rabat had ordered the dissolution of the party on 17 falling from the fourth floor of a student residence April 2008. The Political Parties Act states that “the building, and, on 1 January 2009, Abderrazak El Gadiri, formation of any party on a religious, linguistic, ethnic or a student at Marrakech’s Law Faculty, died in the regional basis is null and void”. Following this decision, intensive care unit at Ibn Tofail hospital after suffering the Interior Ministry argued that “Amazighness, as an a head injury. El Gadiri had participated in a protest essential component of the Moroccan identity, remains in solidarity with the people of Palestine, which had in the ownership of all Moroccans and cannot, in this been organised by a group close to the National Union case, be the object of fallacious promises that can of Moroccan Students following the Israeli attack on jeopardise national unity.” Gaza. To this day, the authorities in charge have failed to respond to human rights organisations’ requests that On 24 June 2009, the Casablanca Court of First Instance the Prosecutor’s Office open an investigation into the sentenced Chakib El Khyari, the President of the Rif cause of death, inform the public of the circumstances Human Rights Association and a member of the of the death, which remain unclear, and prosecute Federal Council of the Amazigh World Congress, to those responsible. three years’ imprisonment and a fine of 754 000 DH (approx. 6,800 euros) for “insulting behaviour towards State institutions” (for publicly denouncing drug III - Dissolution of Associations trafficking and corruption); receipt of money from foreign institutions to carry out a media campaign to The 2002 Act abolished the government’s right to undermine and discredit the Moroccan authorities’ suspend associations and entrusted the judiciary with efforts in the fight against drug trafficking; breachof ordering, as an interim measure subject to judicial the Code of Exchange; and deposit of funds in a foreign review, the closure of associations’ premises and the bank without authorisation by the Exchange Office. The prohibition of any meeting of the members before a decision and the sentencing of El Khyari could lead to decision is taken on the dissolution. the dissolution of the Rif Human Rights Association. rights within the framework of the war against Article 3 of Dahir No. 1-58-376 of 15 November 1958, terrorism. which was modified by Law No. 75-00 of 2002, prohibits the formation of “any association which is founded for an illicit reason or purpose, which is contrary to the law or public morality, or whose goal is to undermine Islam, the integrity of the national territory or the monarchy, or to promote discrimination”. In addition, the provisions of the amended Act leave the administrative authorities much room for interpretation, and it is ambiguous and open to interpretation what acts should be considered to be “undermining” Islam, territorial integrity or the monarchy. This ambiguousness restricts associations’ activities, especially since the judiciary cannot be considered truly independent.

In April 2009, the Moroccan government submitted an advocacy memo to the Office of the UN High Commissioner for Human Rights to defend its decision to dissolve the Moroccan Amazigh Democratic Party. It cited the Political Parties Act, which prohibits political parties founded upon ethnic or linguistic criteria, and

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• WITH REGARD TO THE POLITICAL SITUATION AND THE GENERAL FRAMEWORK OF DEMOCRACY AND HUMAN RIGHTS:

• Act in accordance with the provisions of the International Covenant on Civil and Political Rights, as well as with all international human rights instruments ratified by Morocco. • Implement recommendations elaborated by the United Nations Human Rights Council during the Universal Periodic Review regarding the protection of civil liberties, the independence of the legal system, and the respect of fundamental human rights within the framework of the war against terrorism. • Integrate a measure into the Constitution which guarantees the primacy of international conventions over national legislation when it comes to the protection of human rights. • Implement a system of control in order to ensure the constitutionality of government decisions.

• WITH REGARD TO THE LEGISLATION AND PRACTICE RELATED TO FREEDOM OF ASSOCIATION:

Creation and registration • Guarantee the effective application of the law when filing for registration and the systematic delivery of temporary receipts – stamped and dated on the spot (Article 5, Line 1). • Enforce court rulings pertaining to government authorities which overstep their jurisdiction by refusing to deliver temporary receipts to persons who wish to form an association. • Revise the Law of 11 November 1974 related to the status of court judges in order to guarantee judges’ freedom of association and expression.

Organisation and actions • Encourage freedom of expression by removing obstacles to the freedom to hold meetings or other public demonstrations, whose objects and goals are not illegal. • Fight against the impunity of the police by carrying out impartial, in-depth investigations following allegations of abusive treatment.

Dissolution • Guarantee that the reasons behind the dissolution of an association are in conformity with Paragraph 2 of Article 22 of the International Covenant on Civil and Political Rights which states that: “No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”

• ENVIRONMENT NECESSARY FOR THE SUSTAINABLE DEVELOPMENT OF CIVIL SOCIETY:

• Encourage the participation of associations in public life, notably when it comes MOROCCO to the development of public policies.

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