The National Human Rights Council (CNDH) in a national institution for the protection and promotion of human rights in Morocco. It is an independent and pluralistic institution established in March 2011 in compliance with the provisions of Article 161 of the Constitution to succeed the Advisory Council on Human Rights (CCDH).

The CNDH examines all issues related to defending, protecting and promoting human rights and freedoms, ensuring their full exercise and upholding the dignity, rights and freedoms of citizens, individuals and groups, in accordance with national and universal principles related to human rights.

The CNDH's founding law is in full compliance with the United Nations Paris Principles. It is thus accredited as an “A Status” institution by the Global Alliance of National Human Rights Institutions (GANHRI).

It has 12 Regional Human Rights Commissions (CRDHs) operating in the different regions of Morocco. These CRDHs were created to promote outreach policy and access of citizens to the Council to enhance the protection and promotion of their human rights.

To extend its roles in protecting and promoting human rights and preventing their violation, three mechanisms were established within CNDH's structure, including the National Preventive Mechanism against Torture (NPM), the National Redress Mechanism for Children and the National Mechanism for the Protection of the Rights of Persons with Disabilities.

(CNDH stands for the Conseil national des droits de l’Homme, in French).

CNDH is neither a governmental body nor a non-governmental organization (NGO). It is a pluralistic and independent national institution operating in conformity with the Paris Principles on the status of National Human Rights Institutions (NHRIs). These principles are a set of international standards that frame and guide the work of NHRIs. The Council's actions are also in compliance with the Belgrade Principles on the relationship between NHRIs and parliaments.

CNDH was established in March 2011 in succession to the Advisory Council on Human Rights (CCDH) that was created in 1990, but with a broader mandate and more independence. The CCDH was one of the engines of the political transition that Morocco started in the nineties, mainly through the settlement of the past serious human rights violations. In 2002, its law was amended to be in conformity with the Paris Principles.

The Council's mandate was broadened again in 2018 to enhance its roles in the field of protection, promotion of human rights and prevention of their violations. Under this new law no. 15-76, CNDH hosts three national mechanisms: National Preventive Mechanism against Torture (NPM), the National Redress Mechanism for Children and the National Mechanism for the Protection of the Rights of Persons with Disabilities. The Council also has 12 Regional Human Rights Commissions (CRDHs) operating in the different regions of Morocco.

As a national human rights institution, CNDH works for the protection and promotion of human rights in Morocco.

To protect and defend human rights and freedoms, CNDH:

- Monitors the situation of human rights, at the national and regional levels;

- Monitors cases of violations and may conduct necessary investigations and inquiries;

- Drafts reports on its observations and investigations and submits them to the competent authorities with relevant recommendations;

- May intervene, on an urgent basis, whenever there is a source of tension, to prevent any possible individual or collective human rights violations;

- Contributes to the implementation of the mechanisms provided for in the international human rights conventions ratified by Morocco;

- Visits places of detention, prisons, child protection centers, reintegration centers, psychiatric hospitals and places where foreigners in illegal situation may be held. It prepares relevant reports and submits them to the competent authorities.

To promote human rights, CNDH:

- Examines and studies harmonization of national laws with the provisions of international human rights conventions and International Humanitarian Law ;

- Contributes to the reports that the government is required to submit to the United Nations treaty bodies and other relevant international and regional institutions;

- Encourages and urges all relevant governmental sectors and public authorities to follow up on the implementation of the concluding observations and recommendations issued by treaty bodies and relevant international and regional institutions; 

- Advises and provides support to the parliament and government in the field of harmonization, upon their request;

- Encourages Morocco to adhere to international human rights conventions and International Humanitarian Law;

- Contributes to the promotion of the culture of human rights and citizenship;

- Submits to His Majesty the King an annual report on the situation of human rights in Morocco which shall be published in the Moroccan Official Gazette. The Council's Chairperson presents the report before the two Houses of Parliament.

Prevention of human rights violations:

Guided by international instruments and relevant constitutional principles, the National Human Rights Council (CNDH) is firmly convinced of the need to foster a proactive sense of rights and promote openness to all stakeholders. This approach aims to cultivate a collective and responsible understanding of pertinent standards, and promote best practices that open up new avenues for good governance, including security governance.

At the outset of its mandate in 2019, CNDH launched a three-dimensional dynamic focused on prevention, protection and promotion of human rights. It ensured that this dynamic was adaptable to emerging challenges, recognizing that sustainained effectiveness requires continuous improvement and immunization against potential threats.

The establishment of the National Preventive Mechanism against Torture (NPM) within the CNDH's structure marks a crucial step in strengthening guarantees of respect for human rights and implementing the human rights roadmap outlined by the 2011 Constitution. This initiative was part of a vision forged through extensive, multi-stakeholder discussions, aiming to establish a solid foundation for an effective and proactive mechanism focused on concrete solutions, efficiency and cooperation.

CNDH has attached particular importance to creating a comprehensive system that integrates monitoring, documentation, investigation, rapid response and the dissemination of a human rights culture. It has also been keen to engage with international mechanisms, including the Subcommittee on the Prevention of Torture.

Leveraging accumulated experiences, the CNDH focused its efforts on initiatives incorporating the prevention of human rights violations, promoting responsible behavior among citizens and authorities, enhancing expertise and fostering cooperation with all stakeholders.

Download Law No. 76-15 on CNDH's reorganization (Available in French)

CNDH is a constitutional institution independent of the executive and legislative authorities. It operates in accordance with the Paris Principles stipulating that “the NHRI shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the government and not be subject to financial control which might affect its independence.”

CNDH's independence from the executive authority (government) does not mean that there is no broad cooperation between the two parties. Therefore, CNDH:

- Contributes to the reports that the government is required to submit to the UN treaty bodies and other international and regional committees, further to the international commitments of Morocco;

- Facilitates and fosters, by all means available, fruitful cooperation and partnership between the public authorities and national and international NGOS for the protection and promotion of human rights;

- Reviews and considers the harmonization of laws and regulations in force with the international human rights conventions to which Morocco is a party and International Humanitarian Law, in the light of the UN bodies’ final observations and recommendations, made after considering the reports submitted to them by the Moroccan government;

- Encourages and urges all government departments and public authorities to implement the concluding observations and recommendations issued by UN treaty bodies;

- Includes eight (8) members appointed amongst Moroccan human rights experts by the Head of Government, as well as among the representative bodies of higher education professors, professional journalists, doctors, and lawyers;

On June 10, 2021, CNDH, along with both the House of Representatives and the House of Councillors, updated two Memoranda of Understanding (MoUs) to support the relationship between CNDH and the Parliament. These two MoUs were signed in accordance with the Belgrade Principles.

The Council continues its relationship of cooperation and communication with both bodies by monitoring parliamentary actions from a human rights perspective. It also follows up on the legislative achievements through draft and proposed laws that were examined and approved.

CNDH Chairperson presents, before each parliamentary body, a summary of the Council's annual report on the situation of human rights, its activities and prospects, after referring it to the respective heads of the parliamentary bodies.

The Council also expresses its opinion, either on its own initiative or at the request of one of the parliamentary bodies, regarding projects and proposed laws related to human rights, particularly in terms of their compatibility with international treaties on human rights that the Kingdom has ratified or acceded to.

CNDH comprises eight (8) members appointed by the heads of the parliamentary bodies, representing active NGOs working in the fields of civil, political, economic, social, cultural, and environmental rights, as well as the rights of women, children, youth, persons with disabilities and consumer rights.

CNDH considers cooperation with civil society a strategic partnership covering all its areas of competence, particularly in consultation and coordination. It contributes to training and continuous education programs relating to human rights and international humanitarian law. The Council also involves civil society organizations (CSOs) in public discussions on human rights at both national and regional levels.

  • CNDH assesses the alignment of applicable legislation and regulations with international treaties on human rights and humanitarian law ratified or acceded to by Morocco, considering the Concluding Observations and recommendations of UN treaty bodies on government-submitted reports;

  • It contributes, as required, to government reports which are to be submitted to treaty bodies and other relevant international and regional institutions in line with Morocco’s international commitments and obligations;

  • It encourages governmental sectors and public authorities to follow up on the implementation of the international treaty bodies Concluding Observations and recommendations.

In addition to the Chairperson and Secretary-General, CNDH comprises thirty-nine (39) members:

  • Chairs of the twelve (12) Regional Human Rights Commissions
  • Nine (9) members appointed by His Majesty the King
  • Eight (8) members appointed by the Head of the Government
  • Eight (8) members appointed equally by the Speakers of both Houses of Parliament
  • Two (2) members representing the Institution du Médiateur du Royaume (Moroccan Ombudsman Institution) and the Council of the Moroccan Community Abroad (CCME)

General Assembly: Comprising all CNDH members. It is in charge of reviewing and approving draft opinions, proposals, recommendations, reports, programs, studies and research prepared by CNDH’s organs.

CNDH Bureau: Comprising CNDH’s Chairperson, Secretary-General, coordinators of national mechanisms, Heads of Standing Committees and, as needed, Chairs of relevant Regional Ccommissions. The Council'sBureau assists the Chairperson in formulating and implementing the General Assembly’s decisions. It also prepares its agenda and coordinates the actions of CNDH’s organs, national mechanisms and regional commissions. Additionally, the Bureau conducts missions delegated by the General Assembly within its mandate.

Standing Committees: CNDH has five (5) Standing Committees, including:

  • Standing Committee on Protecting and Monitoring Human Rights Violations;

  • Standing Committee on Promoting Human Rights Culture and Democratic Construction;

  • Standing Committee on Parity, Non-Discrimination and New Generations of Human Rights;

  • Standing Committee on the Development of International Relations, Partnerships and Cooperation;

  • Standing Committee on Evaluating and Monitoring the Effectiveness of Human Rights in public policies and on the Harmonization of Legislation.

Each committee is assigned the responsibility, within its area of expertise, to finalize studies and missions delegated by the Bureau in alignment with the decisions of the General Assembly.

 

In accordance with Articles 6 and 8 of Law No. 76-15, CNDH reviews cases of human rights violations, either proactively or in response to complaints. In the course of monitoring the outcomes of presented complaints, it communicates with the concerned complainants, providing guidance, advice and taking necessary measures to assist them.

If CNDH finds that the complaint falls under the jurisdiction of the Ombudsman Institution, it refers the complaint to the appropriate entity and informs the complainants involved accordingly.

In accordance with Article 45 of CNDH’s Rules of Procedure, individuals or legal entities, either individually or collectively, can address complaints directly to CNDH’s Chairperson or the Regional Commission’s Chair.

These complaints may be submitted by the complainant personally or through their representative, using regular, certificated or electronic mail. Alternatively, complaints can be deposited directly at CNDH's headquarters or the relevant regional commission.

The Equity and Reconciliation Commission (IER) was established following the recommendation of the Advisory Council on Human Rights (predecessor to CNDH) in November 2003, marking the beginning of Morocco’s transitional justice journey.

The IER was established by Royal Decree No. 1.04.42 on April 10, 2004, approving the Commission’s Rules of Procedure. Succeeding the Independent Arbitration Commission (1999-2003), the IER has non-judicial powers on uncovering the truth behind serious human rights violations that occured between 1956 and 1999, providing reparations for victims and formulating recommendations for institutional and legal reforms to prevent the recurrence of such violations.

HM the King assigned the Advisory Council the responsibility of following up to the implementation of the IER’s recommendations, a role that has proven pivotal in expediting their execution.

CNDH develops an annual report reviewing the situation of human rights and providing an overview of its activities and actions. This report is presented it to His Majesty the King in accordance with Article 35 of Law No. 76-15 and published in the Kingdom's Official Gazette.

The Council also issues advisory opinions and memoranda on several human rights questions, as well as thematic reports and studies.

CNDH is engaged within various regional and international networks of National Human Rights Institutions (NHRIs), holding the following roles:

  • Member and representative of the Network of African National Human Rights Institutions (NANHRI) at the Bureau of the Global Alliance of National Human Rights Institutions (GANHRI) since October 2023;

  • Member of the GANHRI Bureau since November 2021;

  • Representative member of Africa at the GANHRI’s Sub-Committee on Accreditation (SCA) for the period 2021-2022;

  • Elected on March 9, 2022, as Vice-President of GANHRI, which consists of NHRIs from 120 countries (until April 2023) and operates under the United Nations High Commissioner for Human Rights (UNHCHR);

  • Member of three mechanisms within GANHRI: Caucus on Human Rights and Climate Change, Working Group on the Rights of Persons with Disabilities and Working Group on Business and Human Rights;

  • Chair of the Network of African National Human Rights Institutions (NANHRI) from 2009 to 2011 and currently a member of the Steering Committee and Chair of the Working Group on Migration;

  • In October 2010, CNDH took the initiative to propose the establishment of an Arab-Ibero-American Dialogue for NHRIs and is currently a member of its Secretariat;

  • Founding member of the Arab Network for National Human Rights Institutions (ANNHRI) and member of its Executive Committee since its establishment;

  • Member of the Francophone Association of National Human Rights Commissions (Association francophone des commissions nationales des droits de l'Homme -AFCNDH). CNDH was elected President of the Commission for Reflection on Migration of the AFCNDH;

  • Founding member of the African Network of National Mechanisms against Torture (currently in the process of establishment).

CNDH collaborates closely with government sectors, universities, civil society associations and maintains partnerships with UN mechanisms, international organizations, NHRIs and the European Union.

To fulfill its protective mandate, CNDH hosts the following mechanisms:

  • National Preventive Mechanism against Torture (NPM)

  • National Redress Mechanism for Children

  • National Mechanism for the Protection of the Rights of Persons with Disabilities

In line with Article 12 of Law No. 76-15, CNDH may be mandated, through legislative provisions, to undertake responsibilities assigned to other conventional mechanisms outlined in international human rights instruments and their attached optional or additional protocols, following Morocco’s ratification or accession.

These mechanisms submit their recommendations, proposals and conclusions of their actions to CNDH’s Chairperson, which subsequently presents them to the Council for further discussion.

Each mechanism, within its area of competence and under the authority of CNDH's Chairperson, manages cooperation and partnership relations with national and foreign public/private administrations and bodies.

Mechanism Coordinators compile their activities into an annual report which is integrated in full into CNDH's annual report.

Information processed by CNDH’s national mechanisms and as part of its protective mandate adheres to the provisions of Law No. 09-08 on the protection of individuals with regard to the processing of personal data.

As outlined in the second paragraph of Article 16 of Law No. 76-15, any information provided to the National Preventive Mechanism against Torture (NPM) is strictly confidential. No personal data may be disclosed without explicit consent from the relevant individual or their legal representative, as stipulated in Chapter 446 of the Penal Code.