GENEVA: CNDH ORGANIZES A SIDE EVENT ON THE IMPLEMENTATION OF TRUTH AND RECONCILIATION COMMISSIONS’ RECOMMENDATIONS

The National Human Rights Council (CNDH) organized, on the margin of its participation in the 16th session of the UN Human Rights Council, a side event on the implementation of truth and reconciliation commissions’ recommendations, in Geneva, on 9 March 2011. Several experiences in the field of transitional justice were discussed in this event, including the Moroccan Equity and Reconciliation Commission (IER).

During this meeting, Mr. Abderrazak Rouwane, Head of Cooperation and External Relations Department at the national Human Rights Council presented the Moroccan experience in the field of transitional justice. He indicated that one of the particularities of this experience is that the Moroccan truth and reconciliation commission was set up following a recommendation from a national institution for the protection and promotion of human rights (the Advisory Council on Human Rights). The same institution was entrusted with the follow-up of the implementation of the commission’s recommendations.

The recommendations of the Moroccan Equity and Reconciliation Commission, Mr. Rouwane said, included the following:

- conducting further investigations regarding cases of persons with unknown fate, whose fate the commission (IER) could not elucidate;

- individual reparations (financial compensation, medical coverage, reintegration, resolution of administrative and financial problems);

- community (or collective) reparation in eleven regions identified by the IER as having been victims of marginalization because of serious violations;

- proposals for reforms to ensure non-repetition of past serious human rights violations.

Regarding the establishment of truth, the Advisory Council on Human Rights (now National Human Rights Council) continued the work of the IER regarding 66 cases of people whose fate remained unknown. It has elucidated truth about 58 cases, Mr. Rouawane, explained. He added that the Advisory Council published in December 2010 the complete lists of victims with unknown fate. The lists include all 939 cases (victims of enforced disappearances, deaths due to detention, social events).

As for individual reparation, he specified that the Council is almost done with the individual reparation program for victims and their rights holders. Moroccan truth commission made arbitration decisions to compensate victims and their rights holders and recommended alternative forms of reparations. More than twenty five thousand victims and rights holders have been compensated and all victims and rights holders have benefitted from medical coverage at the expense of the State, he clarified. He added that the reintegration program for the benefit of 1200 victims and rights holders is being implemented.

The Community reparation program includes 11 regions that were marginalized either due to serious human rights violations or because secret detention centers were located within their territories. This program was developed in consultation with victims and local NGOs. It aims to preserve the memory of former detention places, rehabilitate cemeteries, and realize development project in these regions.

Mr. Rouwane didn’t fail to mention the IER’s recommendations related to reforms. These recommendations included the following areas:

- rehabilitation of justice and strengthening its independence;

- reform of penal code;

- abolition of death penalty;

- strengthening treaty practice through adherence to international human rights conventions;

- promotion of human rights culture;

- security governance;

- strengthening constitutional guarantees for human rights protection;

- strengthening the role of institutions.

This side event was chaired by Mr. Vladlen Stefanov, Chief, National Institutions & Regional Mechanisms Section, Office of UN High Commissioner for Human Rights. It witnessed that participation of Ms. Priscilla Hayner, author of Unspeakable Truths, Senior Advisor at the Centre for Humanitarian Dialogue and co-founder of the International Center for Transitional Justice, Mr. Jeremy SARKIN, Chairperson of the Working Group on Enforced or Involuntary Disappearances, Mr. Juan Pedro Sepulveda, Counselor of the Permanent Mission of Chile, Mr. Alberto J. Dumont, Ambassador and Permanent Representative of Argentina in Geneva, and Fernando Rojas Samanez, Ambassador, Permanent Representative of Peru in Geneva.