CERD, Concluding observations: Morocco, 2023

Published: 21/Dec/2023
Source: UN Committee on the Elimination of Racial Discrimination


Committee on the Elimination of Racial Discrimination

Concluding observations on the combined nineteenth to twenty-first periodic reports of Morocco *

1.The Committee considered the combined nineteenth to twenty-first periodic reports of Morocco, submitted in one document, at its 3024th and 3026th meetings, held on 22 and 23 November 2023. At its 3043rd and 3044th meetings, held on 5 and 6 December 2023, it adopted the present concluding observations.


Right to nationality

35.While noting that legislative measures have been taken to revise article 10 of the Nationality Code, the Committee remains concerned that this article does not allow Moroccan women to transmit their nationality to their husbands of foreign origin on an equal footing with Moroccan men (arts. 2 and 5).

36. Recalling its previous concluding observations, the Committee reiterates its recommendation that the State party revise its Nationality Code so that Moroccan women are able to transmit their nationality to husbands of foreign origin and thus enjoy rights equal to those enjoyed by Moroccan men and, in this connection, expedite the adoption of the 2017 bill amending article 10 of the Code.

Stateless persons

37.While noting the State party’s efforts to prevent statelessness, the Committee is concerned about the difficulties associated with registering births and granting Moroccan nationality to children born on Moroccan territory to stateless parents. It is also concerned about reports that many refugees and asylum-seekers, particularly single mothers from sub‑Saharan countries, are unable to register their newborn babies because some hospitals withhold birth notification documents pending payment of delivery fees, creating an obstacle to registration with the civil registry and consular authorities and increasing the risk of statelessness (arts. 2 and 5).

38. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party amend the Nationality Code to bring it into line with international standards on the prevention and reduction of statelessness, in particular by adopting provisions allowing Moroccan nationality to be granted to a child born in Morocco who would otherwise be stateless. It also recommends that the State party ensure that the issuance of birth notification documents is not conditional on payment of delivery fees.

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Themes: Acquisition by children, International standards, Discrimination, Ethnic/Racial/Religious, Gender, Birth Registration, Naturalisation and Marriage
Regions: Morocco
Year: 2023