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2008 Assessment

Morocco: Integrity Indicators Scorecard

Morocco : Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	Can citizens sue the government for infringement of their civil rights?	0
27	Can the chief executive be held accountable for his/her actions?	19
28	Is the executive leadership subject to criminal proceedings?	0
29	Are there regulations governing conflicts of interest by the executive branch?	3
30	Can citizens access the asset disclosure records of the heads of state and government?	0
31	Official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

Can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: Morocco has become a party in the first optional protocol, annex of the Convention on International Civil and Political Rights. It has withdrawn its concerns regaring articles 20 and 22 of the anti-torture convention. A new law prohibiting torture was formally made public.

The constitutional preamble proclaims the guarantee of Human Rights. But what is the vaule of a preamble? The constitution guarantees these rights, but it reserves the law jurisdiction to regulate their exercise.

"The constitution grants the constitutional council the competence to control laws adopted by parliament. However, in some cases the king and the government can legislate by decree and by Dahir, a simple or legislative decree, which is not subject to appeal before the constitutional council," according to O. Bendourou.

The appeal for abuse of power allows citizens to ask the judge to cancell acts that are contrary to law. However, because of the difficulty of distinguishing political decisions from administrative decisions, citizens can not sue the government for all its decisions.

It must be remembered that the king reigns and governs, and hence, the guidelines or main management directives of state affairs belongs to him. Similarly, acts of the king are not likely to appeal to justice and position themselves as "extra-constitutional" powers of the king himself.

The exception judicial article 264 to 268 of the Code of Criminal Procedure stipulates that many officials are not subject to the ordinary courts.

The Moroccan constitution does not stipulate the freedom of thought, conscience and religion. It contains only the freedom of religion for those of Jewish or Christian faith. It is forbidden to preach another religion, and Moroccans can not change religion.

References: Morocco Constitution of 1996 Articles 5,9,10,11

Omar Benourou: Civil rights and the rule of law in Morocco. Book published by Friedrich Ebert Stiftung FES Morocco. AMDH: Annual reports on the human rights situation; 2005 (June 2006) 2006 (April 2007) and 2007 (May 2008) OMDH: parallel report 2004 (Covenant on Civil and Political Rights. Consideration of the 5th report of the Moroccan Government. Committee on Human Rights session in October 2004, Geneva

CMDH: Information C.M.D.H On the situation of human rights in Morocco (report 2007) Ligue Amazigh des Droits Humains: parallel report (2007) cf. web site. O BENDOUROU : Une réforme doit concerner la nature du régime interview in Le Journal Hebdo 30/12/2005.

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: In law and in practice the king is sacred. According to Article 28 of the constitution, "The King can send messages to the nation and parliament. The messages are read before both House and can not be debated. "

For its part, the prime minister is accountable only to the king or parliament (article 60 of the constitution).

The king does not give reasons for his policy decisions unless required by the constitution in articles that give the king and the legislature the authority to question the prime minister, and his ministers. In response to press reports, journalists or an opposition party chief executive may or may not give reasons or formal explanations for policy matters.

References: Morocco Constitution of 1996 articles 5,9,10,11 Omar BENDOUROU: Civil rights and the rule of law in Morocco. Book published by Friedrich Ebert Stiftung FES Morocco. AMDH: Annual reports on the human rights situation; 2005 (June 2006) 2006 (April 2007) and 2007 (May 2008) OMDH: parallel report 2004 (Covenant on Civil and Political Rights. Consideration of the 5th report of the Moroccan Government. Committee on Human Rights session in October 2004, Geneva

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: The Constitutional Council is ruled by the king, the prime minister, one of two chairmen of the parliamentary chambers or fourth representatives or advisers.

However, it is not playing its role in monitoring the existing laws that are not yet in compliance with the constitutional declarations on civil rights and policies.

In addition, the constitution grants the Constitutional Council the ability to control laws adopted by parliament. However, in some cases the king and the government can legislate by decree and by Dahir, a simple or legislative decree which are not likely to be appealed to the Constitutional Council.

The appeal for abuse of power allows citizens to ask the judges to cancel acts contrary to law before the administrative tribunals. Because of the difficulty to distinguish political decisions from administrative decisions, citizens can not sue the government for all its decisions.

CMDH: Information C.M.D.H On the situation of human rights in Morocco (report 2007) Ligue Amazigh des Droits Humains: parallel report (2007) cf. web site link: [ LINK ] BENDOUROU : Une réforme doit concerner la nature du régime interview in Le Journal Hebdo 30/12/2005.

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The Constitutional Council is ruled by the king, the prime minister, one of two chairmen of the parliamentary chambers or fourth representatives or advisers.

However, it is not playing its role in monitoring the existing laws that are not yet in compliance with the constitutional declarations on civil rights and policies.

CMDH: Information C.M.D.H On the situation of human rights in Morocco (report 2007) Ligue Amazigh des Droits Humains: parallel report (2007) cf. web site O BENDOUROU : Une réforme doit concerner la nature du régime interview in Le Journal Hebdo 30/12/2005. "Abdellah BOUDAHAIN : Eléments de droit public marocain. 1994 - Public law - 356 pages "Tel Quel N° 173 Par Driss Ksikes et Ahmed R. Benchemsi

Peer Review Comments: Transparency Morocco edited a report on the juridical system with the Arab Center for the Development of the Rule of Law and Integrity.

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: A constitutional reform appears indispensable now in Morocco because of the nature of the political regime and the weak guarantees given to exercising citizens' rights and freedoms.

The current constitution does not establish a true separation of powers nor a balance between the powers. The king has a concentrated control of state power. He is the holder of executive power and a government designed to implement royal directives. Theministers are kept based on their degree of loyalty in carrying out the royal policy and not necessarily on the basis of their competence.

Parliament does not have the skills to create a modern and independent institution. Its powers are limited by government, especially by the king, who has all the means to defeat initiatives. As for justice, it is not considered in the constitutional text as a power, but as a single authority.

The king reigns and governs and, therefore, directs and guides management of state affairs that are above all royal initiative. Both the prime minister and other members of the government remain, like other public officials, as the king's servants.

References: BiblioMonde : Maroc , The Political regime cf. [ LINK ] D.Ksikes et A.R. Benchemsi : la révision constitutionnelle au Maroc in Tel quel n° 173 Régression du rendement du Parlement sous l'actuel gouvernement (en arabe) Al Ahdath al maghribia du 28-07-2008 Les failles du parlement ne lui permettent pas de rehausser de sa crédibilité après sa chute lors des élections législatives du 7 septembre 2007 Al Ahdath al maghribia du 28-07-2008 O. Bendourou:« Tous les pouvoirs sont entre les mains du Roi Abdellah BOUDAHAIN : Eléments de droit public marocain. 1994 - Public law - 356 pages Tel Quel N° 173 Par Driss Ksikes et Ahmed R. Benchemsi

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: In Morocco the king can not be prosecuted. Acts of the king are not likely to be appealed to the courts. The king has ruling status by constitutional articles. Judicial articles 264 to 268 of the Code of Criminal Procedure stipulates that many officials are not subject to the ordinary courts.

References: Moroccan Constitution (1996) Morocco Constitution of 1996 articles 5,9,10,11 Omar BENDOUROU: Civil rights and the rule of law in Morocco. Book published by Friedrich Ebert Stiftung FES Morocco.

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Judicial articles 264 to 268 of the Code of Criminal Procedure stipulates that many officials are not subject to the ordinary courts.

TheMoroccan the constitution since 1962 says that ministers can be held accountable/prosecuted and found guilty of abuse in the course of their duties before the "High Court", but this court has never been established

The constitution of 1996 has devoted Articles 88 to 92 to this. The latest draft on the establishment of this court was passed by the House of Representatives on Jan. 12, 2008. However the law is not yet published and judges have not been appointed.

To initiate a proceeding against a minister, it must be approved by two-thirds of both chambers, as well as trigger a revision of the Constitution.

"We believe that this is not reasonable," said Slimane El Omrani, PJD MP and member of the Committee on Justice of the House of Representatives.

Indeed, the bill 24-07 requires that the mere consideration of a case, it must have a vote of no less than 397 deputies out of a total of 595, divided between the two chambers.

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: For the head of state, the king is not held accountable.

For other senior officials and members of government, new legislation on the declaration of assets that have just been adopted do not affect them. The country is still waiting for the promised bill on this issue.