Serious human rights violations continue unstoppable in both Algeria and Morocco, while many laws in both countries fall short of international standards. This was stated by Amnesty International today, after the universal periodic review to which the UN Human Rights Council, in its 52nd session, has submitted the two countries.
Oral statements were submitted by Amnesty International as part of the review of the human rights situation in each country. The organization urged Algeria to fully respect the rights to freedom of expression and peaceful assembly and the rights of women, and called on the Algerian authorities to ratify key international human rights treaties.
Amnesty welcomed Morocco’s support for the recommendations on the rights of the prison population, but regretted the country’s decision not to accept fundamental recommendations on the protection of the rights of women, LGBTI people and Sahrawi people deprived of liberty .
“At exactly the same time that the UN Human Rights Council was reviewing Algeria’s human rights record, the authorities continued to crack down on activists and journalists: journalist Ihsane El was handed down an unjust five-year prison sentence this week Kadi. As a sign that they are serious about the universal periodic review process, the Algerian authorities must immediately release all imprisoned journalists,” said Amna Guellali, Deputy Director for the Middle East and North Africa.
“Morocco accepted a recommendation on protecting the rights of migrants, but it has been almost a year since 37 people died violently at the Melilla border, and 77 people remain missing. The Moroccan authorities must now fulfill their promises and administer justice to the victims. They must urgently carry out independent investigations and offer meaningful reparations. It is not enough to make these commitments in the universal periodic review if they are not accompanied by action.”
Persecution of civil society in Algeria
Following Algeria’s universal periodic review on 27 March 2023, Amnesty International remains deeply concerned about the continued persecution and arbitrary detention of hundreds of government critics, civil society activists and human rights defenders. , and journalists. Over the past two years, the Algerian authorities have prosecuted, arrested or detained at least 11 other journalists and media professionals.
The organization has welcomed Algeria’s commitment to reform its repressive law on public meetings and demonstrations, but regretted that the authorities have rejected recommendations to reform overly broad provisions of the Penal Code that punish those who peacefully exercise their right to freedom of expression and peaceful assembly. Amnesty International has also welcomed the fact that Algeria has accepted the recommendation to reform the provision that exonerates rapists if they marry their victims.
However, it has indicated that Algeria maintains other provisions in both the Penal Code and the Family Code that discriminate based on gender and sexuality, and that are contrary to international human rights standards. Among them are article 338 of the Criminal Code, which defines “homosexual acts” as a crime, and article 66 of the Family Code, which provides that a mother who remarries after divorce automatically loses custody of her children. she.
Spousal rape and discrimination against LGBTI people in Morocco
On March 24, 2023, Morocco accepted some universal periodic review recommendations on promoting gender equality and combating violence against women, but rejected the recommendations regarding criminalizing marital rape and ensuring equality in the right of inheritance. The Moroccan authorities also rejected recommendations on the decriminalization of same-sex sexual relations between consenting adults and on the introduction of measures to combat discrimination against LGBTI people.
“Morocco’s approach to sexual rights remains seriously flawed: marital rape is legal, while extramarital or adult same-sex consensual sex remains a criminal offence. Morocco must do much, much more to bring the protection of rights in line with international standards,” said Amna Guellali.
Morocco accepted the recommendations to consider abolishing the death penalty, but rejected those to actually abolish it. However, the country accepted the recommendations related to strengthening the protection of the rights of migrants.
For more information, please see Amnesty International’s detailed oral statements to the universal periodic review on Algeria and Morocco.