| 12 |
Do citizens have a legal right of access to information? |
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12a:
In law, citizens have a right of access to government information and basic government records.
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| Score: |
YES |
NO |
 |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006); CMF-MENA Centre of Media Freedom Advocacy for the Right to Information (in French and Arabic, Nov. 2005)
Peer Review Comments: According to Article 1 of Press Code Law 77-00, citizens have the right to be informed, but this law does not give them the right to reach the sources of news, such as the archive, for example.
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12b:
In law, citizens have a right of appeal if access to a basic government record is denied.
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| Score: |
YES |
NO |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006); CMF-MENA Centre of Media Freedom Advocacy for the Right to Information (in French and Arabic, Nov. 2005)
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12c:
In law, there is an established institutional mechanism through which citizens can request government records.
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| Score: |
YES |
NO |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006); CMF-MENA Centre of Media Freedom Advocacy for the Right to Information (in French and Arabic, Nov. 2005)
Peer Review Comments: No, there is not any established institutional mechanism, but citizens can try through justice.
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| 13 |
Is the right of access to information effective? |
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13a:
In practice, citizens receive responses to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006)
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13b:
In practice, citizens can use the access to information mechanism at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006)
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13c:
In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006)
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13d:
In practice, citizens can resolve appeals to information requests at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is no law about the right to access information.
References: TM Transparency Maroc: Right To Access Information (Book in French including a proposal for a law, 2006); Socialist Union of Popular Forces (USFP) - Parliamentary group: proposal for a law (May 5, 2006)
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13e:
In practice, the government gives reasons for denying an information request.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The administration should, in principle, give reasons for its decisions, particularly the negative ones. Citizens can address an appeal to the court or Diwan al Madhalim. But in practice this law is poorly enforced.
References: Dahir No. 1-02-202 of July 23, 2003 under Act 01-03. Official Bulletin (Arabic version) No.5029 of Aug. 12, 2003 BO No. 5030 (English version), 6 Jumada II 1423 (15-08-2002)
Maghreb Press Agency: Initiatives To Ensure Law Enforcement on The Grounds of Administrative Decisions. In aujourdhui le Maroc news paper, June 23, 2005.
Peer Review Comments: In practice, in the majority of cases, no information or reason is given by the administration.
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