Ms. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH), participated on Wednesday, 29 September 2021, in an online Panel Discussion on the Promotion and Protection of Human Rights in the context of Peaceful Protests.
This Panel is part of the 48th Session of the Human Rights Council held in Geneva from 13 September to 8 October 2021.
On this occasion, Mrs. Bouayach stated that Morocco noted development in practicing peaceful protests. The use of social networks has increased. They have become, albeit partially, incubation of the right of expression and even the right to assembly. Danger and threat also resulted from the increased use of social networks through publishing speeches that may incite hatred, violence and discrimination.
Ms. Bouayach added that this emerging model of expression is developing at a fast pace. It has become possible to elaborate individuals and groups claims. Besides, she noted that social networks became platforms for consultation and action and essential space for questioning public policies. She also indicated that the CNDH noted around 3300 protests during the last lockdown that were planned and discussed online.
In her statement, CNDH Chairperson also said that the law regulating protest movements in Morocco became outdated. She also indicated that the CNDH calls on organizing an open debate on new forms of public expression, which their practice is conditioned by their peaceful nature and respect for universal human rights.
It should be noted that in its Annual Report for the year 2020 on the Human Rights Situation in Morocco, the CNDH issued recommendations regarding the right of peaceful assembly, calling for:
- Adhering to the new interpretations outlined in General Comment No. 37 on the right of peaceful assembly, particularly regarding online assemblies (Article 21 of the International Covenant on Civil and Political Rights) published on September 17, 2020, by the UN Human Rights Committee;
- Ensuring the exercise of the right to hold meetings and demonstrations without undue restrictions, except in cases concerning public health;
- Continuously evaluating restrictions related to public gatherings to determine their ongoing necessity and proportionality;
- Introducing the option of prior notification for organizing demonstrations via email, in line with the principle of digital administrative services;
- Not subjecting the right to demonstrate and assemble to restrictions beyond those permitted by constitutional and legal requirements and international human rights instruments, particularly the International Covenant on Civil and Political Rights.
- Reviewing legal requirements related to public assemblies.