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CNDH publishes its thematic report on Jerada protests

The National Human Rights Council (CNDH) publishes its thematic report on Jerada protest as part of its prerogatives as a national pluralist and independent institution. The CNDH deals with all issues relating to the defense and protection of human rights and freedoms and guarantees their enjoyment and promotion. It also deals with questions related to the preservation of the dignity, rights, and freedoms of citizens, collectively and individually.

The publication of this report is also part of the CNDH missions under Articles 4 and 5 of its new Law n° 76-15, particularly in the areas of monitoring, surveillance, and follow-up of the human rights situation at national and regional levels.

Adopted unanimously by the General Assembly of the CNDH, held from 6 to 8 March 2020, this report aims at monitoring, following up, and documenting these events and assessing their impact on rights and freedoms, in accordance with the international conventions ratified by Morocco and the guarantees provided by the Constitution and national legislation. This report also intends to provide proposals based on the human rights approach that would contribute to addressing issues related to the claims of Jerada protests on the one hand, and to further draw conclusions to prevent their recurrence in similar contexts on the other hand.

In the introduction of this report, the CNDH Chairperson, Ms. Amina Bouayach, underlines that Jerada protests are one of the manifestations of the transition issue from the mining stage in cities that depend on mining activities to after their depletion. These protests should be an opportunity to think about building a proactive national strategy to manage economic, social, and environmental transformations in Jerada and similar areas. This strategy should make the transition to after exploiting mines as an inevitable question, given that these mines have a hypothetical period of time to stop the production.

Hence, Ms. Bouayach adds that the CNDH draws attention to the necessity to adopt a strategy based on early warning regarding violations of economic and social rights, given the consequences that may result from them, which may sometimes lead to social tensions. Proactive and early actions are of particular importance to ensure that appropriate preventive measures are taken to protect civil peace.

This report was drawn up during the period between December 2019 and February 2020 with the considerable contribution of the Regional Human Rights Commission in the Oriental region (CRDH). It provides all the available data, including those related to trial observation, monitoring, follow-up and interaction with the relevant authorities, civil society, and the affected groups.

29 conclusions and 36 recommendations were elaborated in this report based on the human rights approach and the follow-up and monitoring conducted by the CRDH of the Oriental region of different forms of manifestations and protests in Jerada. They are also based on the CNDH’s monitoring of the protests and claims of the population.

Recommendations issued by the CNDH are divided into general and specific recommendations addressed to public authorities, Parliament, and the Oriental Region, besides the recommendations on trial observation related to defendants connected with the Jerada protests.

Among others, the CNDH recommends respecting the right to protest peacefully and using an interpretation based on human rights regardless of the availability of the declaration or notification, while ensuring the development of guidelines for public authorities intervention in this area.

The CNDH also shed lights on the need to a national dialogue on business and human rights issue and the acceleration of the adoption of a national plan in this area, as part of the implementation of the provisions of the National Action Plan for Democracy and Human Rights (known under its French acronym PANDDH), in accordance with the relevant constitutional provisions and the United Nations Guidelines on Business and Human Rights.

Download the report (Available in Arabic)