• Indigenous peoples in Morocco

    Indigenous peoples in Morocco

    The Amazigh peoples are the indigenous peoples of Morocco. Morocco has not adopted the UN Declaration on the Rights of Indigenous Peoples nor ratified ILO Convention 169.

The Indigenous World 2025: Morocco

The Amazigh (Berber) peoples are the Indigenous Peoples of North Africa. The last census in Morocco (2024) estimated the number of Tamazight speakers at 24.8% of the population. However, Amazigh associations strongly contest this and instead claim a rate of 85%. This means that the Amazigh-speaking population could well number around 29.6 million out of a total population of 37 million in Morocco in 2023.[1]

The administrative and legal system of Morocco has been strongly Arabized, and the Amazigh culture and way of life are under constant pressure to assimilate. Morocco has, for many years, been a unitary state with a centralized authority, single religion, single language and systematic marginalization of all aspects of the Amazigh identity. This has had a negative effect, including the falsification of Amazigh history and the people’s total Arabization, especially in the cities. This cultural genocide has prompted the Amazigh elite to organize themselves into new structures such as associations and confederations. All these entities, working to protect and promote the rights of the Amazigh people in Morocco form part of an Indigenous movement referred to as the “Amazigh Movement” (MA) or “Amazigh Cultural Movement” (MCA). In the 1980s, this movement began criticizing the State's assimilationist policies through a cultural charter published in 1981[2] by the Association Nouvelle pour la Culture et les Arts Populaires (ANCAP), later known as the Organization Tamaynut. Then, in 1991, it began to make the demands set out in the Agadir Charter,[3] which became a common platform for the different players in this movement. This historic reference document was aimed at getting the Royal Cabinet and political forces in Morocco to react favourably to Amazigh rights. Decision-makers have nonetheless ignored the voices of Indigenous Peoples, leading the MA to address the UN and to participate in the 1993 Vienna World Conference on Human Rights. This participation helped them to discover the similarities and connections between the Amazigh and the world’s other Indigenous Peoples. The MA's accession to the international Indigenous movement was an historic turning point, leading to the creation of the Institut Royal de la Culture Amazighe (IRCAM) in 2001. Today there are more than 900 Amazigh associations established throughout Morocco.

The 2011 Constitution officially recognizes the Amazigh identity and language. This could be a very positive and encouraging step for the Amazigh people of Morocco. Parliament finally adopted an organic law for the implementation of Article 5 of the Constitution in 2019, after several years of waiting. Twelve years on from the Constitution and four years after the organic law was passed in Parliament, however, nothing has really changed: Tamazight language teaching is still at the same stage and will have to wait until 2030 to be extended to all primary schools; and linguistic discrimination is still the order of the day, since the Tifinagh script is absent from national identity cards, passports and the new Moroccan banknotes that went into circulation on 24 November 2023.[4]

Morocco has not ratified ILO Convention 169 and has not adopted UNDRIP.


This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here


The 2024 General Census of Population and Housing

On 17 December 2024, Morocco's High Commission for Planning (HCP) announced the results of the 2024 General Census of Population and Housing (RGPH), according to which the percentage of Tamazight speakers stands at 24.8% (19.9% in urban areas and 33.3% in rural areas).[5] The Amazigh Movement had already analysed and criticized the methodology and approach used in the census in the section on languages and socio-linguistic situation.[6] It warned that this was an unscientific methodology that did not enable the real and precise socio-linguistic situation to be identified nor objective results to be obtained. The approach was based on random samples, a basis that fails to take into account the geographical situation and Amazigh demographic presence in all regions of Morocco. This ideologically-driven and subjective direction led to erroneous results. As a result, the Amazigh Movement has rejected the figures published by the HCP, which seek to make the Amazigh a minority in their own land.

Even if we were to accept that the HCP's official figures on the socio-linguistic situation are correct then the decline in the number of Tamazight-speaking Moroccans from between 45% and 55% in rural areas in 1994[7] to just 24.8% in 2024 only confirms the cultural and linguistic genocide that the Amazigh have suffered for decades due to the ongoing policy of forced marginalization and assimilation, despite the guarantees given by the Constitution. While we recognize that there has been a decline in the use of the Amazigh language, however, we reject that it is happening at such speed.

Morocco's review by the Committee on the Elimination of Racial Discrimination (CERD)

The Committee considered the 19th to 21st periodic reports of Morocco at its 3024th and 3026th sessions on 22 and 23 November 2023. At its 3043rd and 3044th sessions, held on 5 and 6 December 2023, it adopted important concluding observations and recommendations concerning the situation of the Amazigh people, advising that the government should:[8]

  • Take the necessary measures to ensure that the Amazigh can fully enjoy their rights on an equal footing and without discrimination;
  • Take steps to collect data disaggregated by sex and age on the participation of members of ethnic groups in political and public life and step up efforts to increase their participation in these areas, in particular for women belonging to these groups, and especially in decision-making positions;
  • Redouble its efforts to combat the poverty affecting the Amazigh and to guarantee the Amazigh access to employment, education and health services without discrimination;
  • Protect the Amazigh, in particular Soulaliyate women,[9] from land dispossession and forced displacement, return confiscated land or agree upon adequate compensation, ensure effective access to justice for victims and hold effective and meaningful consultations with the Amazigh before authorizing any development or natural resource exploitation project that may have an impact on their lands;
  • Investigate all cases of excessive use of force by law enforcement officers against Amazigh activists, human rights defenders and demonstrators, and ensure that the perpetrators are prosecuted and, if found guilty, appropriately punished, and that the victims and their families receive adequate reparation;
  • Take steps towards the adoption of specific legislation on the promotion and protection of human rights defenders, including those involved in the fight against racial discrimination, and on the rights of the groups most exposed to this type of discrimination;
  • Step up its efforts to implement the provisions of the Constitution and Organic Act No. 26-16 on the official status of the Tamazight language. 

Access to justice

Since Morocco’s adoption of the 2019 Organic Act No. 26-16 on implementing the official status of the Amazigh language, no ministerial sector has put forward its action plan for such implementation in a ministry or public administration. Moreover, some of the new “ordinary” laws adopted are in contradiction with Article 5 of the Constitution and the Organic Act, if we follow Hanz Kelsen's Hierarchy of norms.[10] For example, in the field of justice, article 14 of Law 38-15 on judicial organization, which came into force in 2021, confirms the mandatory use of Arabic at all levels of interventions before Moroccan courts. This article emphasizes the foreign nature of the Indigenous Amazigh language, given that any document of value presented to a Moroccan court, written in a language other than Arabic, must be accompanied by a sworn translation. Even in Organic Act No. 26-16, in the section relating to the implementation of Tamazight in the justice system, article 30 refers to the use of interpreters when statements are made in Tamazight to the courts. This runs counter to the Constitution, which grants a common framework of Tamazight to all Moroccans.

Collective lands

The spiritual attachment and special relationship that binds Indigenous Peoples in general, and Amazigh in particular, to their lands, is considered a fundamental criterion and forms the core of their identity. A plan to demarcate 15 million hectares of Amazigh collective lands has been drawn up and an agreement signed between the Moroccan Ministry of Interior and the Land Conservation Administration since 2010,[11] without any respect for the Free, Prior and Informed Consent (FPIC)[12] of the Amazigh, and three new laws were enacted in 2019 for the privatization of these collective lands, also known as “Melkisation”.[13]

In addition, the recent decision of the Moroccan Ministry of Agriculture, Maritime Fisheries, Rural Development and Water and Forests under number 3267.23, which appeared in Official Bulletin No. 7282 of 21 March 2024, aims to demarcate 111,000 hectares of Indigenous land by creating a natural park on the western side of the Anti-Atlas mountains. This action is rejected by the Amazigh people because it will deprive the inhabitants of their land and exploit their resources and wealth, as well as driving families out, which is against international law and, in particular, article 38 of the UNDRIP.

In conclusion, there are also other areas in which Amazigh rights are not respected. Clearly, important gains have been made but there is still resistance and bad faith in carrying out actions and implementing the necessary measures. As a result, passing on knowledge to young Amazigh becomes complicated, leading to a generational divide.

Teaching the Amazigh language

The status of Tamazight in education and training is dysfunctional and serves to perpetuate discrimination on various levels. This is the case among those tasked with generalizing the use of this language and its presence in the various projects and programmes of the Ministry of National Education and is also reflected in the conditions of teachers and the abuses and disciplinary councils to which they are subjected, demonstrating a circumvention of the Constitution’s provisions, the requirements of the Organic Act on the official implementation of Tamazight, and the recommendations of UN committees. This has led to a cultural imbalance and linguistic injustice, and is jeopardizing the Amazigh language, despite the increased importance being given to endangered Indigenous languages globally via the International Decade of Indigenous Languages 2022-2032.

On Monday, 28 October 2024, in Rabat, a series of agreements were signed between Morocco and France covering several areas, including education. The 14th Agreement is a Declaration of Intent for Franco-Moroccan Cooperation in Education 2024-2026 and includes: a contribution to the teaching of Arabic in France and the revitalization of Inter-Academic Partnerships,[14] This is an official endeavour to Arabize Moroccan nationals in France and abroad in general.

Hicham El-Mastouri (Afulay) was born in Tiznit, Morocco. He holds a Master's degree in Management and is a finance executive and a human and peoples' rights activist. He is a former scholarship holder on the Indigenous Fellowship Programme (OHCHR Geneva), class of 2017, and is responsible for external relations and international action within the Organization Tamaynut (founded in 1978). He is also a member of the executive board of the Indigenous Peoples of Africa Co-ordinating Committee (IPACC) and co-founder of the Tilelli Network, which monitors the recommendations made to Morocco by UN mechanisms. Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

 

Notes and references

[1] M. Lhoucine Aït Bahcine, "La terre marocaine parle amazighe du point de vue toponymie”. Albayane Press. 17 October 2010. https://albayane.press.ma/m-lhoucine-ait-bahcine-lla-terre-marocaine-parle-amazighe-du-point-de-vue-toponymiern.html; Le360. “Video. À la rencontre de l’un de nos ancêtres, découvert à Tafoghalt.” 17 November 2019. https://fr.le360.ma/societe/video-a-la-rencontre-de-lun-de-nos-ancetres-decouvert-a-tafoghalt-202626/; SudEstMaroc. ”Le patrimoine rupestre du Sud Est Maroc”.

https://sudestmaroc.com/le-patrimoine-rupestre-du-sud-est-maroc/; Culture Cherifienne. "Célébration de Yennayer, le nouvel an Amazigh au Maroc.” 11 January 2023.

https://www.culturecherifienne.com/celebration-de-yennayer-le-nouvel-an-amazigh-au-maroc/ and My Heritage. “Maroc - principales origines ethniques”. https://www.myheritage.fr/ethnicities/morocco/country-ethnicity-distribution

[2] La Charte Culturelle, reference document, Association Nouvelle pour la Culture et les Arts Populaires (ANCAP), Rabat, Morocco, 1981

[3] Agadir Charter on Linguistic and Cultural Rights (1991). https://www.axl.cefan.ulaval.ca/afrique/maroc-charte_agadir-1991.htm

[4] Ahdani, Jassim. “Polémique au Maroc: l’alphabet amazigh absent des nouveaux billets de banque.” Jeune Afrique, 5 December 2023. https://www.jeuneafrique.com/1510802/politique/polemique-au-maroc-lalphabet-amazigh-absent-des-nouveaux-billets-de-banque/

and Aujord’hui Le Maroc. “Teaching Amazigh in primary school: 4 million students targeted by 2030, according to Chakib Benmoussa.” 1 June 2023. https://aujourdhui.ma/societe/enseignement-de-lamazighe-au-primaire-4-millions-deleves-cibles-a-lhorizon-2030-selon-chakib-benmoussa

[5] Morocco High Commission for Planning (HCP). 2024 General Census of Population and Housing (RGPH). https://resultats2024.rgphapps.ma/superset/dashboard/0fbd169b-19e1-4338-a344-e58bb9a02a4d/?permalink_key=pmo6qLqylzY&standalone=true

[6] Oukerzaz, Hicham. “RGPH 2024 : l’AMREC met en doute les chiffres sur la langue amazighe.” Hespress, 21 December 2024. https://fr.hespress.com/402604-rgph-2024-lamrec-met-en-doute-les-chiffres-sur-la-langue-amazighe.html

[7] La situation sociolinguistique au Maroc [article] – Ahmed BOUKOUS, Plurilinguismes, Year 1998 16 pp. 5-30

 https://www.persee.fr/doc/pluri_1157-5069_1998_num_16_1_1086

[8] You can find the detailed CERD report containing the concluding observations and recommendations at the following link: https://docs.un.org/cerd/c/mar/co/19-21

[9] These are the women who manage the collective lands of their tribes, by strength of customary law.

[10] Kelsen's pyramid or hierarchy of norms is essentially based on the supremacy of the Constitution, and the superiority of organic law over statute and regulation.

[11] Sammouni, Mohamed and Belghazi, Amine. “terres collectives au Maroc: Une modernisation à tâtons?” Heinrich Böll Stiftung, September 2020.  https://ma.boell.org/sites/default/files/2020-10/Rapport%20gestion%20des%20terres_N5.pdf

[12] United Nations Human Rights Office of the High Commissioner. “Consultation and fre, prior and informed consent (FPIC).” https://www.ohchr.org/en/indigenous-peoples/consultation-and-free-prior-and-informed-consent-fpic

[13] Melkisation: comes from the Arabic word “Melk” which, when adapted into Tamazight becomes “Lmelek”, meaning “Ownership”. Melkisation is a Moroccan land policy aimed at transforming tribal and other collective lands into private “Melk” lands. See: https://alternatives-rurales.org/la-politique-fonciere-de-privatisation-des-terres-collectives-a-lepreuve-des-realites-dappropriations-et-des-conflits/ 

[14] Diplomatie. “His Majesty King Mohammed VI, may God assist him, accompanied by HRH Crown Prince Moulay El Hassan, HRH Prince Moulay Rachid, and THR Princesses Lalla Khadija and Lalla Meryem, and the French President, His Excellency Mr. Emmanuel Macron, accompanied by his wife Mrs. Brigitte Macron, presided over, Monday evening at the Palais des Hôtes Royaux in Rabat, the signing ceremony of several agreements between the Kingdom of Morocco and the French Republic.” 28 October 2024. https://diplomatie.ma/fr/sm-le-roi-mohammed-vi-et-le-pr%C3%A9sident-emmanuel-macron-pr%C3%A9sident-la-c%C3%A9r%C3%A9monie-de-signature-de-plusieurs-accords-entre-le-royaume-du-maroc-et-la-r%C3%A9publique-fran%C3%A7aise

Tags: Land rights, Human rights, Cultural Integrity

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