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Observations and Topics to be Included in the List of Issues On the Occasion of the Human Rights Committee’s 2016 Review of the Kingdom of Morocco

Introduction

The above-listed non-governmental organizations and associations submit this report to guide
the pre-session Working Group in its preparation of the list of issues to be examined during
the Committee’s review of the Kingdom of Morocco’s implementation of the International
Covenant on Civil and Political Rights (ICCPR) in the non-self-governing territory of
Western Sahara. We hereby submit a condensed summary of the facts relating to the
violations of the following rights enshrined in the ICCPR: the right to self-determination
(Article 1); the right to life (Article 6); the prohibition on torture (Article 7); the right to be
protected from arbitrary detention (Article 9); the right to dignity (Article 10); the right to
freedom of movement (Article 12); the right to a fair and public hearing and an appeal
(Article 14); the right to privacy (Article 17); the rights to freedom of expression and peaceful
assembly (Articles 19 and 21); and the right to freedom of association (Article 22).

This Committee and the International Court of Justice have already found that States Parties’
obligations under the ICCPR extend to all of the territories and populations that are
effectively under their control.1 As the de facto Occupying Power in a non-self-governing
territory, it is clear that the Kingdom of Morocco must respect and implement the rights
protected by the ICCPR in Western Sahara. Nevertheless, the NGOs and associations listed
above wish to emphasize that, under international law, the Kingdom of Morocco has no
legitimate sovereignty over Western Sahara…. READ FULL REPORT



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