On December 15, the United Nations will hold a plenary vote on the moratorium on the death penalty. In a historic announcement, Morocco confirmed its support for the resolution for the first time, breaking with its tradition of abstaining in successive votes held every two years. Will Morocco's vote in favor of a this moratorium pave the Way for abolition ? On Tuesday, five organizations advocating for the abolition of the death penalty in Morocco welcomed the government's announcement that it would vote in favor of the UN moratorium during a plenary session scheduled for December 15. The Minister of Justice confirmed this position yesterday, responding to a question from four parliamentary groups representing both the opposition and the coalition. Abdellatif Ouahbi noted that this support will not result in automatic abolition but rather a suspension for two years, as stipulated by this periodic universal provision. The Minister described this as a historic vote, noting that Morocco had previously abstained from 2007 to 2022. This change of position is «a significant evolution», reflecting the country's commitment «to strengthen the protection of the right to life, in accordance with Article 20 of the Constitution», he stated. The resolution (A/RES/77/222) on the moratorium on the suspension of capital punishment is essentially a «commitment not to apply [this sanction] for a period of two years». At the international level, support for this moratorium has been growing. On December 15, 2022, it garnered record backing from 125 states (37 against, 22 abstentions, 9 absences). An evolution in addressing the death penalty In a collective announcement on Tuesday, the Moroccan Coalition Against the Death Penalty, the Lawyers' Network, the Journalists' Network, the National Education Staff Network, and the Entrepreneurs' Network commended the government's decision, describing it as «an end to long years of political hesitation». The statement, released on World Human Rights Day (December 10), hailed it as «a significant achievement for all abolitionists, bringing us closer to a death penalty-free Morocco». Activists in Morocco, along with opponents of the death penalty in the Maghreb and their allies within the International Coalition Against the Death Penalty and the organization Tous Contre la Peine de Mort (All Against the Death Penalty), view this as «a positive step forward in terms of constitutional and political reform, as well as a victory for years of dialogue between all stakeholders». In 2004, the abolition of the death penalty in Morocco was one of the key recommendations in the report by the Equity and Reconciliation Commission (IER). Internationally, this issue is addressed in the Second Optional Protocol to the International Covenant on Civil and Political Rights. Nationally, the right to life is enshrined in Article 20 of the 2011 Constitution. Since 1993, Morocco has suspended executions of the death penalty. However, capital punishment sentences have continued to be issued. In 2023, Moroccan courts handed down 83 death verdicts, according to the annual report of the National Council for Human Rights (CNDH). The CNDH has consistently reiterated its recommendations for total abolition, aligning with international standards, constitutional principles, and the conclusions of the IER. Over the past four years, CNDH has noted the absence of a clear approach by the government and parliament to initiate a national dialogue on the death penalty or a legal debate grounded in universal principles. NGOs have also responded to the issue. Published in December 2020 and coordinated with civil society stakeholders, a memorandum by the Center for Studies in Human Rights and Democracy (CEDHD), titled «For the abolition of the death penalty – a plea for Morocco to accede to the Second Optional Protocol on the abolition of the death penalty», analyzed the status quo position that has been adopted de facto since 1993. Consulted by Yabiladi, the memorandum states that «the de facto moratorium does not correspond to a position in favor of maintaining this inhuman punishment, as it contradicts the idea that the death penalty acts as a deterrent to crime». The CEDHD further explains that «the moratorium confirms this idea is an unfounded allegation, as there is no evidence that crimes punishable by death under the Moroccan Penal Code have increased since the suspension of executions in our country». Towards a possible abolition of the death penalty in Morocco? In alignment with constitutional reform principles and reflecting this analysis, a Network of Parliamentarians Against the Death Penalty was established during Morocco's ninth legislature (2011–2016). Among its founding members, Fouzia Elbayed, working alongside Nouzha Skalli (PPS), played a significant role as rapporteur during her term as a member of the Constitutional Union (UC). Contacted by Yabiladi to comment on the recent developments, the former member of the Justice, Legislation, and Human Rights Commission welcomed the changes, expressing hope that they would «herald a new dynamic of legislative and institutional debate toward effective abolition». «During the ninth legislature, the Network of Parliamentarians Against the Death Penalty, represented by elected men and women, introduced a bill to abolish the death penalty. I believe the process has reached the necessary maturity, and it is time to present this draft for debate and vote», said Elbayed. She emphasized that «the announcement of intent and principle must be followed by actual approval, paving the way for subsequent mobilization and advocacy stages. This would ensure not only that courts refrain from executing capital punishment, suspended de facto since 1993, but that they also cease to pronounce death penalty sentences». Elbayed noted that «the inclusion of this provision in Moroccan legislation would represent an advanced step toward the abolition we aspire to achieve, meeting the expectations of all stakeholders». She also stressed that this position reflects «years of accumulated work, as well as the efforts of the Parliamentary Network at regional, Arab, and African levels, to foster broader and more impactful mobilization and awareness-raising». On the civil society front, the Moroccan Human Rights Association (AMDH) has repeatedly called for the abolition of the death penalty, including in its 2022 report. That year, the NGO suggested that the groundwork was in place for a political decision to abolish the penalty. Speaking to Yabiladi, Souad Brahma, a lawyer and member of the AMDH's central office, remarked that the recent decision to vote for the moratorium «comes after years of mobilization by civil society, spearheaded by the AMDH, to align Morocco's legal framework with international provisions, beginning with the universal right to life». «As such, we can only welcome this new step, while insisting that it is not yet abolition. This still allows the justice system to correct errors in verdicts while preserving the lives of those convicted, by guaranteeing legal remedies and alternative sentences», said Brahma. «This is a historic vote, as it marks the first time Morocco has approved the moratorium. However, on a national level, the legal effects may be limited since executions of death sentences have been suspended for over 20 years. Nevertheless, this step builds on past efforts and opens the door to the political decision we are calling for: total abolition». For Brahma, effective abolition would enable Morocco to «honor its international commitments, respect its constitutional provisions, implement the recommendations of the Equity and Reconciliation Commission (IER), and pave the way for accession to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which provides for such abolition».
