Since the country gained independence in 1956, Moroccan authorities have arbitrarily detained, held in secret detention, or “disappeared” thousands of people—including dissidents, trade unionists, and military officers—because they were perceived to pose a threat to the state. Hundreds of disappeared persons languished in notorious secret detention centers; more than 100 died in custody; and the fate of several hundred still remains unknown.
Primarily in response to growing criticism, the late King Hassan II established the National Consultative Council on Human Rights (CCDH) in 1990 to help resolve cases of disappearances and arbitrary detentions and to provide compensation for victims and their families. In the early 1990s, several hundred political opponents were released and legislation was amended to limit the period of incommunicado detention. However, the fate of those still missing and the issue of compensation remained unresolved.
In April 1999, shortly after the King’s death and the succession of his son, Mohammed VI, the CCDH announced the establishment of an arbitration board to determine compensation for victims of forced disappearances and arbitrary detention. During the four years of its operation, the board distributed more than $100 million in nearly 3700 cases. However, the board had no access to security services or Interior Ministry files, and thousands of cases remained unresolved. Victims and their families complained about the lack of transparency in the board’s procedures and demanded truth and justice in addition to compensation.
In November 2003, the CCDH—reorganized to increase its autonomy and reduce its dependence on ministries—recommended the establishment of a truth commission. On January 7, 2004, the King established the 17-member Equity and Reconciliation Commission (IER). As the first truth commission to be established in the Middle East and North Africa, the IER is tasked with establishing the truth about serious human rights violations that occurred between 1956 and 1999, including the identification of institutional (not individual) responsibilities for such abuses; providing reparations to victims; issuing recommendations for reforms to prevent the repetition of such violations; and promoting reconciliation.
Although the IER lacks judicial powers of investigation, public authorities are under strict obligation to cooperate because of its royal support. The IER should conclude its work in April 2005 with the delivery of a final report. The ICTJ has worked closely with the IER since its inception, as well as with the CCDH, Moroccan NGOs, and the media.
In the period leading up to the establishment of the IER, the Center encouraged a transparent and participatory process for establishing the Commission’s mandate and selecting commissioners. In response to the IER’s requests, the ICTJ provided assistance in areas such as establishing databases, developing protocols for conducting public hearings, providing global comparative analyses on reparations, and assisting in the preparation of final reports. The Center continuously stressed the need for transparency and for a well-developed communications strategy to keep Moroccan society and the media informed about the IER’s progress.
In July 2004, at a dinner honoring the first ICTJ-organized regional training workshop on transitional justice, the IER announced that it would conduct public hearings as part of the truth-seeking process in Morocco. It is hoped that these hearings will bring unprecedented attention to human rights issues in Morocco and throughout the region.
With Moroccan NGOs, the ICTJ has stressed the dual role of working with and assisting the IER and monitoring and criticizing its activities. The Center has worked closely with the NGO Follow-Up Committee—comprising the Moroccan Organization for Human Rights, the Moroccan Association for Human Rights, and the Forum for Truth and Justice—tasked with monitoring the IER and assisting the truth-seeking process.
With the assistance of the Moroccan Center for Documentation, Information and Training in Human Rights, the ICTJ organized several training workshops for the Moroccan media, aimed at building the knowledge and capacities of journalists and broadcasters to monitor and report on the truth-seeking process.
The ICTJ has been welcomed by all sectors in Morocco and has received requests for future collaborations, particularly regarding upcoming public hearings, investigations, and outreach.
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