Ms. Amina Bouayach, Chairperson of the National Human Rights Council (CNDH) participated, on 23 February 2021, in the Biennial High level panel on the Death Penalty within the framework of the 46th Regular Session of the Human Rights Council (HRC) which is taking place from 22 February to 23 March 2021.
In her statement, Ms. Bouayach reiterated the consistent and unequivocal stance of CNDH in favor of the abolition of the death penalty. She also reaffirmed that the death penalty is one of the most serious violations of the right to life, which is the original, supreme and absolute right, and which without it no right, no freedom, no justice can exist.
Besides, Ms. Bouayach indicated that the Council and abolitionists are convinced that the death penalty is ineffective in reducing crime. Conversely, its application will only provoke the deepest feeling of injustice and thirst for brutality and violence. Within this context, CNDH considers that the elimination of the person will not bring justice to the families of victims of homicide and will not consolidate the society in its fight against violence.
CNDH Chairperson said that Article 20 of the Constitution does not provide for any exception to the right to life, but, also, the legislator has the constitutional obligation to protect it from any violation or infraction. Thus, the Council pleads against the argument often used by several political leaders not to abolish the death penalty which is justified by the hostility of public opinion to such a measure.
According to CNDH, there are no socio-cultural factors specific to Moroccan society which would justify considering any specificity related to the abolition of the death penalty.
As a result, the Council has consistently adopted a clear and assertive position for the abolition of the death penalty. CNDH published its recommendation to the Parliament on the draft penal code and called on the Moroccan government last December to vote for the General Assembly resolution on the universal moratorium.
Furthermore, Ms. Bouayach highlighted that CNDH is leading the national dialogue and provides constant support to NGOs, networks of lawyers, journalists, teachers and parliamentarians to fight against the death penalty.
CNDH Chairperson also underlined the importance of the Council's action within NHRIs networks for the universal abrogation of the death penalty.