Abolition of the death penalty in African French-speaking countries: Driss El Yazami “After a de facto moratorium, it is time to go to the next step: Abolition”

Representatives of twelve National Human Rights Institutions (NHRIs) from African French-speaking countries were in conclave on 4 and 5 October 2017 in Rabat, Morocco. The regional seminar on “NHRIs and the death penalty” was organized by the National Human Rights Council (CNDH) and the Association Ensemble Contre la Peine de Mort (ECPM) “Together Against Death Penalty”.

Held in partnership with the Association francophone des Commissions nationales des droits de l’Homme (AFCNDH) “Francophone Association of National Human Rights Commissions” and the Network of African National Human Rights Institutions (NANHRI), and with the support of the French Ministry for Foreign Affairs and the International Organization of la Francophonie (OIF),this seminar provided an opportunity to highlight the importance of the role of NHRIs in the abolitionist fight and to study possible means to encourage them to advocate for the fight against the death penalty.

Driss el Yazami, President of the CNDH, said that this seminar aims to enhance the public and pluralistic dialogue on the abolition of the death penalty and to involve as many actors as possible in this debate. He added that the abolition- related decision must be made in a democratic way.

A debate that NHRIs are called to consider with regard to their prerogatives and their bridging role with the government. Raphaël Chenuil-Hazan, Director General of the ECMP, stressed that it is time for NHRIs to appropriate the abolition issue, even if it is a complicated and difficult question to lead in their society”. To support them, ECPM plans to publish tools and kits on the death penalty. He added that NHRIs need information to help them have an abolitionist speech.

The Regional Congress against the death penalty which will be held in Abidjan in April 2018 and the World Congress which will take place in Brussels in 2019 will provide an opportunity to take stock of the achievements of NHRIs in this field.

In Morocco, the national debate continues among the abolitionists who consider this punishment as inhuman and violation of the right to life, and its retentionists who see it as a deterrent against crimes. For Mohamed Aujjar, Minister of Justice, the objective is to find the balance between the right to life and the right of the State to end a life in the name of the law.

Pending the emergence of this debate, Morocco maintains its reservations on the abolition but has been practicing a moratorium on executions since 1993. It makes it a de facto abolitionist country. This means that for the government it is not an acceptable penalty. Therefore, it is time to move on to the next stage which is the abolition.

Speaking at this seminar, Mohammed Essabbar, Secretary-General of the CNDH, highlighted actions to take in order to achieve the ultimate goal of abolition. It is necessary that the struggle for abolition will be raised to be as a societal issue and a major public concern. He added that it is also necessary to raise awareness and conduct advocacy campaigns with the various judicial bodies (judges, lawyers…), the media and the Constitutional court to establish non-constitutionality of this penalty. In addition to entrenching human rights principles in school curricula, Mohammed Essabbar also called for a broader abolitionist movement within the Parliament.

Speaking at this seminar, Mohammed Essabbar, Secretary-General of the CNDH, highlighted actions to take in order to achieve the ultimate goal of abolition. It is necessary that the struggle for abolition will be raised to be as a societal issue and a major public concern. He added that it is also necessary to raise awareness and conduct advocacy campaigns with the various judicial bodies (judges, lawyers…), the media and the Constitutional court to establish non-constitutionality of this penalty. In addition to entrenching human rights principles in school curricula, Mohammed Essabbar also called for a broader abolitionist movement within the Parliament.

Sessions and panels of this seminar dealt with two main themes: the current state of the death penalty in the world, in particular in Africa and the means of action of NHRIs towards the abolition of the death penalty sentence. This seminar culminated in the adoption of a final declaration.