Morocco

Mine Ban Policy

The Kingdom of Morocco has not acceded to the Mine Ban Treaty. Morocco attended as an observer the Eighth Meeting of States Parties in Jordan in November 2007, where it made a statement reiterating its support for the Mine Ban Treaty’s goals and stressing the steps it has taken consistent with the treaty. However, it also re-stated that the dispute over Western Sahara and issues of security in the south were obstacles to accession.^[1]

Morocco participated in the intersessional Standing Committee meetings in Geneva in June 2008, but made no statements. In September 2007, Morocco attended the International Committee of the Red Cross (ICRC)’s regional seminar, Addressing the Human Costs of Anti-personnel Landmines and Explosive Remnants of War, Seminar for States of the Maghreb, in Tunis, where it confirmed its views on the treaty, claiming that its adherence was a “strategic objective that had been temporarily postponed for reasons of security.”^[2]

Morocco submitted a second voluntary Article 7 report in April 2008, covering calendar year 2007.^[3] Like Morocco’s first voluntary submission, the report does not include Form B with details on any stockpiles of antipersonnel mines. The report cites existing laws governing the production, use, stockpiling, and transfer of explosives, munitions and weapons from 1914 (as modified in 1934 and 1954) and 1958, as well as a 2003 anti-terrorism law.^[4]

On 5 December 2007, Morocco voted in favor of UN General Assembly Resolution 62/41 calling for universalization and full implementation of the Mine Ban Treaty. This was Morocco’s fourth consecutive vote in favor of the annual pro-ban General Assembly resolution. Morocco stated that its vote was intended to show its commitment to the objectives and humanitarian principles of the treaty, and noted that it complies on a de facto basis with many of the treaty’s provisions, including no production, export or import of antipersonnel mines.^[5]

Morocco is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. It attended the Ninth Annual Conference of States Parties to the protocol in November 2007 and submitted its annual report required by Article 13 of the protocol. Morocco is not yet party to CCW Protocol V on explosive remnants of war.

Morocco participated in the Dublin Diplomatic Conference on Cluster Munitions in May 2008 and adopted the treaty text.

Use, Stockpiling, Production, and Transfer

Morocco has acknowledged extensive use of mines in the past, most notably at the berms (defensive walls) it built from 1982 to 1987 to secure the northwestern corner of Western Sahara.

In July 2006, Morocco told Landmine Monitor that it stopped using antipersonnel mines at the time of the Western Sahara cease-fire in 1991.^[6] It said, “Morocco’s decision to renounce the use of APM is irrefutable proof of its commitment to the spirit and the humanitarian values of the Ottawa Convention and its engagement to contribute to the universal effort for the elimination of these lethal arms.”^[7]

Morocco re-stated, in September 2007, that it has a stockpile of antipersonnel mines solely for training purposes.^[8] It has not provided any details on types or quantities of mines. Morocco has said that its antipersonnel mines are used only for the training of firefighters and the Moroccan peacekeeping contingent, and has stressed “that the only mines used by Morocco are thoroughly inventoried… and are quickly destructible.”^[9] Morocco previously stated in 2001 and 2002 that it had no stockpile of antipersonnel mines.^[10]

Morocco has said on several occasions that it has never produced or exported antipersonnel mines, and that it stopped importing them prior to entry into force of the Mine Ban Treaty in March 1999.^[11]

Landmine/ERW Problem

Morocco is not considered affected except for the territory it controls in Western Sahara, which is contaminated with antipersonnel and antivehicle mines, and explosive remnants of war (ERW).^[12] Morocco has mined the berms (earthen walls about 3m high) which it laid in the zone it controls in Western Sahara.^[13] It claims to monitor the mined areas and to have records of where the mines were laid.^[14]

The exact extent of contamination has not been disclosed but according to Landmine Action, Western Sahara is one of the most heavily mined territories in the world.^[15] Morocco has declared it will clear all the mines as soon as the conflict is resolved.^[16] Following the death of a senior Moroccan dignitary due to a landmine, Morocco embarked on a major demining effort in January 2007.^[17]

Mine Action Program

Morocco does not have a national mine action authority or mine action center. Demining is carried out by the army, which has its own information management system.^[18] As of June 2008, there were plans for the Geneva International Centre for Humanitarian Demining to install the Information Management System for Mine Action.^[19]

As reported in the previous Landmine Monitor report, in early 1999, Morocco and the Polisario Front (the Popular Front for the Liberation of Saguía el Hamra and Río de Oro) signed bilateral military agreements governing Western Sahara in which both parties agreed to cooperate with the UN Mission for the Referendum in Western Sahara (MINURSO) in the exchange of mine-related information, marking of mined areas, and the clearance and destruction of mines and ERW in the presence of MINURSO observers. This agreement does not cover minefields along the berms and minefields that Morocco regards as an integral part of its defenses.^[20] Despite the initiation of a major demining operation described below that has focused “initially on populated areas, pasture, water points and non-asphalted routes between the different population centers,”^[21] there is no evidence of a strategic mine action plan in place to guide the work.

No national mine action legislation or standards have been adopted in Morocco, but Morocco claims that “normal safety and environmental protection standards have been followed.”^[22]

Demining

In January 2007, the Royal Moroccan Army (RMA) launched a comprehensive mine clearance operation in Western Sahara.^[23] Morocco has reported that some 10,000 troops have been deployed in the demining effort west of the berm,^[24] and that operations “cleared” a total of 256km² of affected areas.^[25] It is not known how much of this land was released other than by clearance or what methods were used for demining operations. According to Morocco, all the mines destroyed in 2007 had been laid by Polisario.^[26]

The army also reported to the UN that its efforts had been hampered by limited resources and the lack of information relating to areas contaminated by mines. The UN Secretary-General reported “close cooperation and information-sharing” between MINURSO and the RMA’s demining operations.^[27] Morocco has stated that it has marked suspected hazardous areas along frequently used routes.^[28]

Demining in 2007

* It is likely that a major percentage of land reported as cleared was actually released by other means, such as cancellation by general survey or reduction by technical survey.

At the end of June 2008, the RMA deminers were due to cease operations until mid-October. Specific plans by the RMA for future demining operations were not known, although MINURSO’s mine action coordination center thought it “likely” that clearance operations would then continue.^[29]

Landmine/ERW Casualties

At the Eighth Meeting of States Parties in November 2007, Morocco stated that three or four mine casualties occurred in 2007, but further detail was not provided.^[30] Landmine Monitor identified one new mine/ERW casualty in Morocco in 2007: an 11- or 12-year-old girl was injured by an unspecified explosive device, reportedly a mine, in Assa, Assa Zag province in southern Morocco, in December 2007.^[31] Assa is just outside the territory of Western Sahara.

An additional 29 casualties occurred in Moroccan-controlled Western Sahara, 12 of whom were Moroccan citizens.^[32]

In 2006, Landmine Monitor also identified one casualty in Morocco (and 16 in Moroccan-controlled Western Sahara), which is significantly lower than the eight casualties reported in 2005. The increase in 2005 was most likely due to a one-off survey activity and it is likely that casualties continue to go unreported.^[33]

Casualties continued to occur in 2008 with at least three casualties in two incidents in Zag, Assa Zag province in southern Morocco. Two were boys injured by an unspecified mine and a 19-year-old shepherd was killed by an antipersonnel mine.^[34] An additional 12 casualties occurred in Moroccan-controlled Western Sahara.^[35]

Data collection

Information on mine/ERW casualties is recorded by Moroccan military and civilian authorities, as well as by local organizations.^[36] This information is not publicly available, although the Moroccan military occasionally reports casualties occurring in Moroccan-controlled Western Sahara to MINURSO.^[37] In 2008, for the first time, Moroccan authorities provided Landmine Monitor with casualty data.^[38] Authorities in Morocco are said to encourage local organizations to report casualties to them or the Moroccan army.^[39] It was reported that the Moroccan Red Crescent (MRCS) and local authorities started collecting mine/ERW casualty information in Assa Zag province to determine their medical and social needs, but results were not available.^[40]

MINURSO increasingly recorded information on mine/ERW incidents including in the Moroccan-controlled part of Western Sahara. The Collective of Saharawi Human Rights Defenders El-Aaiun Western Sahara (Collectif des défenseurs saharaouis des droits de l’homme El-Aaiun Sahara Occidental, CODESA) also records mine/ERW casualties in Moroccan-controlled Western Sahara.”^[41] CODESA also called upon the Moroccan government to make casualty data public, to show the exact annual number of mine and ERW casualties in the area.^[42]

The cumulative number of casualties in Morocco is not known. In September 2007, Moroccan authorities reported that 534 people had been killed and 1,610 seriously injured since 1975.^[43] In July 2008, in a letter to Landmine Monitor, Morocco reported that a total of 2,187 casualties (544 killed and 1,643 injured) had been recorded since 1975.^[44]

Landmine/ERW Risk Education

In 2007, increased attention was paid to the need for mine/ERW risk education (RE) in Morocco and in Moroccan-controlled Western Sahara. It was unknown how many people benefited from RE activities but some of the at-risk groups (nomads, shepherds and children) appear to have been reached.

Civilian authorities worked closely with the military on the identification of dangerous areas and provided RE and victim assistance in local communities, albeit with limited resources.^[45] MINURSO continued to emphasize the need for RE activities. Through its mine action cell (now upgraded to a mine action coordination center, see above), it coordinated activities with other stakeholders and organized awareness-raising events on both sides of the berm. MINURSO was in contact with the UN Development Programme in Mauritania to initiate regional RE programs.^[46] In 2007, three coordination meetings between military and civilian stakeholders to assess RE activities were held in Moroccan-controlled Western Sahara,^[47] however other stakeholders claimed that there is inadequate funding and support from the Moroccan government for RE activities.^[48]

In its April 2008 voluntary Article 7 report, Morocco reported that “information about the zones at risk is largely distributed to the [Moroccan army] and the population.” It noted further that fencing occurred, that “danger mines” signs marked suspected areas and that cleared transit areas were marked as safe for passing nomads.^[49] In July, Morocco reported that old signs marking suspected areas had been replaced.^[50] Army RE activities occurred in conjunction with clearance activities near the berm. Activities included general awareness-raising events in affected communities, informing tribal chiefs about suspected areas and reinforcing mechanisms to report hazardous devices.^[51] It is unknown if RE activities occurred in Morocco outside of Moroccan-controlled Western Sahara.

The total number of RE beneficiaries is unknown, as is the number of people reached through RE by the Moroccan army.^[52] In areas around La’Youn (Moroccan-controlled Western Sahara) 3,206 herders received RE from the local (Moroccan) authorities. Additionally, regional radio and television broadcasts in La’Youn carried awareness messages, and a public awareness-raising event was organized.^[53] The MRCS provided RE to 1,100 people including nomads, shepherds and travelers and to 150 local authority members in La’Youn, Boujdour, Smara, and Dakhla (all in Moroccan-controlled Western Sahara).^[54] In July 2008, Morocco reported that 14,685 herders and nomads received RE in rural areas of 10 southern provinces (i.e. Western Sahara). RE activities are under the responsibility of several actors, including: local authorities and representatives from rural communes; representatives of health authorities at provincial level; the provincial office of the MRCS; the army; the Association d’appui des personnes handicappés (ADAPH); and the Moroccan Association of Mine Victims.^[55]

Victim Assistance

At the Eighth Meeting of States Parties, Morocco stated that it “pays particular importance to the victims of antipersonnel mines. For this purpose, the Moroccan government continued to reinforce hospital infrastructure in the contaminated areas and provided for their medical and social rehabilitation.”^[56] In Morocco, mine/ERW survivors receive the same treatment as other persons with disabilities. In principle, medical care is free for disability card-holders, but this is problematic for most mine/ERW survivors as they are usually nomads without the required paperwork.^[57] In rural or desert areas no adequate services are available and access is further hampered by a lack of information on services and involvement by relevant ministries as well as the absence of a central disability database accessible to NGOs.^[58] Civilian mine casualties are occasionally evacuated to military hospitals where they receive emergency medical care.^[59]

In its April 2008 voluntary Article 7 report Morocco reiterated that it assisted mine casualties. No further details were provided.^[60] For Moroccan-controlled Western Sahara, however, CODESA claimed that mine/ERW survivors are “generally neglected by the Moroccan authorities as far as medical care is concerned.”^[61]

Mine/ERW survivors are entitled to some financial aid or compensation but survivor associations reported that survivors usually do not receive this compensation.^[62] Most persons with disabilities are taken care of within the family network or by charitable organizations.^[63] Although there are various services for persons with disabilities in Morocco, they are not integrated in society.^[64]

The government has guidelines on how to deal with persons with disabilities, but the guidelines have no legal status.^[65] In March 2008, the government announced a national consultation process in preparation of a law to revise the legal framework for disability issues. It was expected that civil society would be involved in the process.^[66] On 30 March 2007, Morocco signed the UN Convention on the Rights of Persons with Disabilities, but not its Optional Protocol. It had not ratified the convention as of 31 July 2008.

In September 2007, the Department for Prevention and Social Integration of People with Disabilities within the Ministry of Social Affairs became the focal point for disability issues. The department is to develop a national rehabilitation plan and an action plan for social and economic integration of persons with disabilities.^[67]

In 2007, Moroccan authorities reported providing assistance to four survivors (three at the El Hassan hospital in La’Youn and one at the Military Hospital of Marrakech). Assistance included the provision of medical services, financial support, support for socio-economic reintegration, and the provision of “dons royaux” (“royal gifts”).^[68]

In 2007, the ICRC Special Fund for the Disabled continued to support the FORMA project at the Ministry of Health Prosthetic and Orthotic School in Marrakech with training, materials and monitoring.^[69] In 2007, FORMA delivered 31 prostheses and 35 orthoses, which reportedly is 48% more than in 2006.^[70]

In 2007, Handicap International continued to support and strengthen the capacity of some 80 local disability organizations, including the Group for the Promotion of the Rights of People with Disabilities (Collectif pour la promotion des droits des personnes handicapées), a consortium of five Moroccan organizations of persons with disabilities.^[71]

In 2007, the MRCS organized an awareness day for mine/ERW survivors and their families in Assa Zag province. Some DH800,000 (US$98,464) was granted to victim assistance projects in Assa Zag province, including DH480,350 ($59,121) for health services provided by the MRCS and an unspecified amount of funds for socio-economic reintegration.^[72]

CODESA received several of the survivors injured by mines or ERW in Moroccan-controlled Western Sahara in 2007 and “all of them claimed that after the explosion, only themselves or their families took charge of their medical treatment and expenses.” They also said that the Moroccan authorities did not hand them an official form proving that they were victims of landmines, despite asking for it, therefore they cannot claim compensation. CODESA also called upon the Moroccan government to “assume its responsibility in providing medical care for the landmine victims in the territories under its control.”^[73] One boy injured by a mine in January 2007 was brought for treatment to the Ibnou Toufail Hospital in Marrakech; he spent one month in hospital.^[74]