CNDH prerogatives related to human rights protection
Among these prerogatives:
- The Council oversees the observation, monitoring and follow-up of the human rights situation at national and regional levels;
- The Council can conduct necessary inquiries and investigations on human rights violations and elaborate reports including conclusions on its actions. It submits its reports and recommendations to the relevant authorities;
- The Council examines all cases of violation of human rights, either on its initiative or following a complaint from the parties concerned or under a power of attorney from these parties;
- These complaints are examined, handled and followed up. The relevant parties are informed of the outcome of their complaints;
- As part of the exercise of its human rights protection missions, the Council conducts visits to places of detention and prisons and monitors the conditions of detainees and their treatment. It also visits child protection centers, reintegration centers, social protection institutions, hospitals specialized in the treatment of mental and psychological illnesses, and places of detention of foreigners in an illegal situation;
- The Council may, within the framework of the exercise of its missions, intervene on an urgent basis, whenever there is a source of tension to prevent any possible individual or collective human rights violation, by using all the necessary mediation and conciliation means that it deems appropriate in coordination with the relevant public authorities.
CNDH National mechanisms
Under the Law 76.15, the CNDH hosts the following national mechanisms as part of reinforcing its missions on the protection of human rights:
The National Mechanism for the Prevention of Torture
The National Mechanism for the Prevention of Torture examines the situation of persons deprived of their liberty and their treatment by: - Conducting regular visits to the various places where there are persons deprived of their liberty or likely to be deprived of it, intending to reinforce their protection against torture and other cruel, inhuman or degrading treatment or punishment; - Elaborating any recommendations which implementation could improve the treatment and situation of persons deprived of their liberty and prevent torture; - Submitting any proposal or observation on the legislation in force or on the bills or proposals of laws relating to the prevention of torture.
The National Redress Mechanism for Children
The National Redress Mechanism for Children missions are: - Receiving complaints presented directly by children victims of violation, by their legal representatives or by third parties; - Conducting all investigations relating to the received complaints and examining, handling and dealing with them; - Organizing hearings inviting the parties concerned by the violation or the complaint, as well as witnesses, experts and any person whose hearing it deems useful.
The National Mechanism for the Protection of the Rights of Persons with Disabilities
The National Mechanism for the Protection of the Rights of Persons with Disabilities missions are: - Receiving complaints presented directly by persons with disabilities who are victims of violation of their rights, by their representatives or by third parties; - Conducting all investigations relating to the received complaints and examining, handling and dealing with them; - Organizing hearings inviting the parties concerned by the violation or the complaint, as well as witnesses, experts and any person whose hearing it deems useful.
CNDH prerogatives related to the promotion of human rights
Among these prerogatives:
- The Council studies, within the area of its competence related to the promotion of human rights, the harmonization of the legislative and regulatory texts in force with the international human rights conventions ratified by the Kingdom or to which it adhered, as well as in the light of the concluding observations and recommendations issued by the UN bodies, mainly the conventional mechanisms and the recommendations accepted by Morocco.
- The Council encourages the Kingdom to continue ratifying or adhering to international and regional human rights conventions.
- The Council encourages all relevant government departments and public authorities to implement the concluding observations and recommendations issued by human rights bodies, in particular, the aforementioned treaty bodies;
- The Council ensures, within the framework of its mandate, the establishment of cooperation and a partnership with the United Nations system and its bodies, other international organizations and NHRIs. The Council also conducts actions to reinforce the role of the Kingdom in this area at the international level.
- The Council is empowered to conduct independent and impartial election observation. It also ensures chairmanship and the secretariat of the Special Commission for the Accreditation to Election Observers under the provisions of Law No. 30-11 on terms and conditions of impartial and independent election observation;
- The Council submits to His Majesty the King of Morocco an annual report on the situation of human rights in the Kingdom. It also submits to His Majesty, when appropriate, special and thematic reports on anything likely to contribute to better protect and defend human rights.
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.