Moroccan New Constitution analysed

I.  Next generation Constitution:

1.            Beyond the organization and distribution of powers (State institutions Constitution), there is a confirmation of a true citizens’ Charter (Constitution for the Citizens). It provides for a State organization system based on advanced regionalization (local and regional dimension in the Constitution) and for a culture of responsibility and accountability (good governance Constitution) ;

2.            Coherence and modernity both in terms of form (180 - instead of 108 previously - Articles well-articulated under 14 Chapters) and in terms of modern wording of the Preamble, which is an integral part of the Constitution and of constitutional provisions (gender-sensitive approach).

II. Democratic, inclusive and transparent approach (Constitution drawn up by Moroccans, for all Moroccans):

3.            Address of 9 March, 2011: democratic frame of reference set out by His Majesty for a sweeping constitutional revision

4.            Advisory Committee for the revision of the Constitution: Hearing sessions and reception of the memoranda of all stakeholders (political parties, trade unions, civil society groups and youth representatives) and preparation of an innovative draft Constitution;

5.            Follow-up and consultation through a political mechanism: effective participation of all political parties and trade unions in preparing the draft Constitution, from beginning to end.

III. Confirming the fundamental constituents of the diversified, open Moroccan identity:

6.            A sovereign Moslem State, committed to the ideals of openness, moderation, tolerance and dialogue to foster mutual understanding among all civilizations;

7.            A Nation whose unity is based on the fully endorsed diversity of its constituents: Arabic, Amazigh, Hassani, Sub-Saharan, African, Andalusian, Jewish and Mediterranean components ;

IV. A revisited linguistic pact grounded in pluralism and open attitude:

8.            The official status of the Arabic language has been enhanced; official status granted to the Amazigh language with a gradual integration process (schools and main public sectors) ;

9.            Active, harmonious linguistic and cultural policy geared towards the protection and promotion of national and official languages, and encouraging the learning of foreign languages which foster openness and permit access to the knowledge-based society ;

10.        Creation of a national Council for the promotion of languages and the Moroccan culture.

V. A full-fledged Charter of fundamental rights and freedoms rooted in the universal frame of reference for human rights:

11.    Primacy of the international conventions duly ratified by the Kingdom over domestic laws;

12.    Prohibiting all forms of discrimination on the basis of sex, colour, creed, culture, social or regional background, language or disability;

13.    Strengthening a full-fledged architecture of rights and freedoms worthy of advanced democratic societies: right to life ; right to personal security and that of property ; prohibition of torture and of all serious, systematic violations of human rights; presumption of innocence and right to fair trial ; freedom of thought, of opinion and of expression ; freedom of the press  and right to access information ; freedom of assembly, peaceful demonstration and association; freedom to join trade unions and political parties.

14.    Expanding economic, social and environmental rights (to which the State and all public authorities will be contributing): health; social protection; modern, accessible quality education; decent housing; a healthy environment and sustainable development.

VI. Enhancing gender equality through the confirmation of parity:

15.        Gender equality in civic, political, economic, social, cultural and environmental rights;

1. Setting up of an Authority for the achievement of parity and the fight against all forms of discrimination.

16.        Use legislation to implement affirmative action measures for the benefit of women to encourage access to elected office;

VII. National sovereignty and supremacy of the Constitution:

18.        Sovereignty lies with the nation which exercises it by referendum and through its representatives;

19.        Election of the representatives of the people to elected national, local and regional institutions, by direct universal suffrage, through free, fair and transparent elections;

20.        Supremacy of the Constitution over all powers, without exception ; any litigant can challenge the constitutionality of a law (this is a daring, pioneering measure which makes it possible for the citizens to realize that the Constitution is of their own making);

VIII. Separation of powers under a constitutional, democratic, parliamentary and social monarchy:

21.        Citizen-based monarchy which upholds the nation’s basic policy objectives, fulfilling sovereignty and ultimate arbitration functions:

·         Deletion of all references to the sacredness of the person of the King, replacing it with the more modern notion of inviolability and the respect due to the King ;

·         Detailed, explicit differentiation between the powers of the King as Commander of the Faithful (in charge of the religious domain) and as Head of State, symbol of the nation’s unity and territorial integrity, who performs arbitration functions and who guarantees the nation’s democratic choices and safeguards the country’s best interests;

22.        A government emanating from an elected Parliament, and placed under the authority of a Head of Government who exercises full executive power :

·         Democratic procedure for the appointment of the Head of Government, who is appointed by the King from among the party which wins the general elections and is endorsed by the absolute majority of the House of Representatives, to which the Head of Government shall be answerable ;

·         A true Head of Government and not just a foremost minister ;  a true chief and leader of the cabinet, who will manage the administration, exercise real executive power and enjoy extensive prerogatives in terms of appointing senior civil servants ;

·         The Governing Council has become the forum for the definition and implementation of state policy ;

23.        A strong Parliament with enhanced powers, which will exercise the legislative power, enact laws, control the Government and assess public policies:

·         Two-chamber system which confirms the supremacy of the House of Representatives which can on its own challenge the Government; the second Chamber now has a reduced membership as well as a local and regional mission; trade unions and professional organizations are also represented in the second Chamber ;

·         Legal field increased from 30 subjects to 60, including 26 organic laws, particularly the guarantees relating to rights and freedoms, amnesty, the division into constituencies and all aspects of civil, economic and social life ;

·         Effective parliamentary control mechanisms for which the required quorums have been made more flexible: motion of censure, committees of inquiry, referral to the Constitutional Court, convening of a special session.

24.        Flexible balance between the legislative and the executive branches : the Government is now answerable only to the House of Representatives ; the latter can be dissolved not only by the King, by virtue of his prerogatives regarding arbitration and the guarantee of the proper functioning of institutions, but also by the Head of Government, through a decree;

IX. The Judiciary becomes an independent power, ensuring genuine protection of rights and guaranteeing compliance with the law:

25.        Basic, constitutionalised guarantees of independence for judges: Status of judges reinforced by an organic law, prohibition of interference in the work of judges, or any kind of pressure;

26.        The cornerstone of this branch is now the Supreme Council for Judicial Power: it is chaired by the King, who ensures, in particular, that the guarantees granted judges are   enforced; the new Constitution introduces three basic features

·         Vice-Presidency is now entrusted to the President of the Court of Cassation, instead of the Minister of Justice; there is also enhanced representation of women judges;

·         Membership open to well-known figures in the area of championing the independence of the Judiciary;

·         Beyond judges’ career management, the extended powers cover control and assessment of the judiciary and of the administration of justice;

27.        A true constitutional Court, which serves as the watchdog of constitutional supremacy:  half its members are now elected by both Houses of Parliament; its powers have been extended to checking the constitutionality of conventions; referral open to the public.

X. Enhanced constitutional status of the stakeholders involved in democratic life and in the citizen-based participatory democracy:

28.        Confirming the key role of political parties in democratic life ; contribute to the exercise of the right to vote, participate in the exercise of power, based on pluralism and democratic alternation in the exercise of political power;  functioning methods that are consistent with democratic principles, no dissolution or suspension without a court ruling.

29.        Recognition of a genuine status for the parliamentary opposition: in addition to the relaxed provisions mentioned under item 8, chairmanship, of right, of the legislation commission, equitable access to state media, entitlement to public funding, actual participation in the control of Government and in parliamentary committees of inquiry;

30.        Strengthening the role of trade unions as levers of social democracy, and as political players by maintaining their presence in the second Chamber;

31.        Recognizing the status and role of civil society and NGOs as stakeholders in participatory democracy, at national, local and community levels ;

32.        Confirming the status and role of the media in promoting democracy as well as citizens’ rights and freedoms:

·         Guaranteeing press freedom and the right to information;

·         Democratic regulatory measures for, and organization of, the press and audiovisual communication sectors, including audio-visual means (the HACA enshrined in the Constitution).

33.        Creating new forums for participatory democracy: involving education, the family and children, youth and civic associations.

 XI. Regional and local democracy, and advanced regionalisation:

34.        Enshrining advanced regionalisation in the Constitution : as well as redistributing the powers between constitutional institutions, the new Constitution paves the way for a country with united regions, based on a democratic reorganization of powers between the State and the regions;

35.        Confirmation of the basic principles underlying the Moroccan regionalization system:

·         National, local and regional unity, balance, solidarity and democratic practices;

·         Election of regional councils by direct suffrage, right of petition;

·         Principles of self-management and subsidiarity ;

·         Transferring the executive power of these councils to their presidents;

·         The regional Council will serve as a college for election to the House of Councillors.

36.        Constitutional basis for a new local and regional setup in the Kingdom, conducive to :

·         Substantial devolution of powers from the central authority to the regions;

·         Several forms of partnership and contractual relationships between the State and the regions, and between local governments;

·         Development and devolution of central powers.

37.        Creation of a regional equalization fund and of a fund for the social overhauling of regions.

XII. Fundamental principles in the area of good governance, integrity in public institutions and economic rule of law:

38.        Relationship between office-holding, public office and accountability;

39.        Constitutionalising the principle of the balance of public finances;

40.        Confirming the basic principles of social market economy and economic rule of law:

·         The right to property, free enterprise and free competition

·         The prohibition of conflicts of interest, of insider trading and of practices that are contrary to the principles of free and fair competition in economic relations;

41.        Strong measures to promote transparency and the fight against corruption: Sanctioning all forms of wrongdoing in the management of public funds, corruption and influence peddling.

42.        Strict prohibition of party-switching by parliamentarians, both with respect to parties and parliamentary groups (this will contribute to the rehabilitation of politics and give meaning to voting); 

43.        Restricting the benefit from immunity (limited to the expression of opinion and to voting  in Parliament ; equality of all before the law as a result of cancelling the High Court, previously meant as a court for ministers);

44.        Good governance in the area of security: Setting up a Supreme Strategic Security Council as a consultative institution which deals with the country’s internal and external security strategies, as well as with the management of crisis situations; it also institutionalizes standards for good security governance.

45.        Enshrining in the Constitution the Competition Council and the national authority for integrity and for the prevention and fight against corruption,  in addition to other independent institutions for the protection and promotion of human rights, good governance and regulation, especially an independent council for human rights and the Al Wasseet (Ombudsman) institution.

Expedition Impossible in Morocco

The First 14 Minutes Of ABC's 'Expedition Impossible

13 three-person teams find themselves racing across vast deserts, over snow-capped mountains and through raging rivers in the beautifully exotic, fabled Kingdom of Morocco. After 10 stunning legs of competition filled with drama, laughs and memorable characters, one team will cross the finish line to claim victory. Each winning team member gets $50,000 (that's $150,000 total for the team) as well a new Ford Explorer.

Expedition Impossible comes from Executive Producer Mark Burnett, whose hits include Shark Tank, Survivor and The Apprentice, just to name a few. Lisa Hennessy also serves as Executive Producer for the series. The show promises to have lots of human drama to accompany all the high adventure.

Boycott reform vote, says Morocco union

One of Morocco’s biggest trade unions urged its members yesterday to boycott voting in a July 1 referendum for a reformed constitution led by King Mohamed, adding weight to a youth-led movement’s opposition to the plan.
After some of the biggest protests in decades—inspired in part by the “Arab Spring” uprisings—the monarch announced on Friday he would devolve some of his powers to parliament and the government and put the reforms to a referendum on July 1.
“The proposed constitution reinforces what has always been applied in the past and does not deliver on what has been promised,” Noubir Amaoui, who heads the Democratic Labour Confederation (CDT), said.
The CDT becomes the biggest organisation to announce its intention to boycott the referendum after three small left-wing parties and the youth-led February 20 Movement, which was inspired by revolts in Egypt and Tunisia to demand the establishment of a parliamentary monarchy.
Although exact membership figures are hard to come by, in 2009 the CDT won most seats among trade unions at elections of representatives of public administration employees and also has a large following in the banking sector.
Under the changes, the king would retain his hold on security, the army and religion. That disappointed some opponents who had wanted to see the monarch hand over all his executive powers to elected officials.
“What we want is broad democracy and full transparency without the exclusion of anyone. Furthermore, the final copy (of the reformed constitution draft) did not correspond to the copy that was given to us: Some articles were changed without consulting us,” added Amaoui.
Amaoui also said with the referendum date set for July 1, the authorities “have not allowed enough time for Moroccans to understand what the new constitution is all about. They are using the same old tactic of surprise ... Some people don’t seem to understand the changes happening around us.”
After facing the biggest anti-establishment protests in decades, King Mohamed in March ordered a hand-picked committee to discuss with political parties, trade unions and non-governmental organisations a constitutional reform.

Unrest Morocco

MOROCCO
A few thousand people turned out Sunday to protest in Morocco, saying King Mohammed VI's proposed constitutional reforms don't go far enough. Though many expressed support for their king to stay in power, demonstrators argued that a network of privilege and patronage surrounding him must end, and that he must part with more power than he has proposed.

In a nationally televised address Friday, the king declared sweeping reforms that will boost the power of the prime minister and take away some of his own. The revamped draft constitution will make officials more accountable, the parliament in Rabat more dynamic and will give the government greater powers, the 47-year-old king said.

Roots of unrest
Protesters are seeking, among other things, political reforms to curb the power of the centuries-old monarchy. Like other nations in the region, Morocco is grappling with economic woes, including high unemployment.

MOROCCO
King Mohammed VI announced reforms that will boost the power of the prime minister and take away some of his own but some protesters said Saturday that changes are not enough. They have called for a peaceful demonstration Sunday to push for more changes. In a televised address Friday, the king said Morocco's revamped draft constitution will make officials more accountable, the parliament in Rabat more dynamic and will give the government greater powers.

Mustapha Ajbaili: What to do about Morocco’s youth movement?

A police officer clashes with a member of the 'February 20 movement', during a protest calling for political reforms in Morrocco, in Rabat

By MUSTAPHA AJBAILI


When Morocco’s pro-democracy movement first took to the streets on February 20, the government was fighting a war behind the scenes to destroy it, while in the meantime it was embracing it in public.

On the one hand, security services and their servants tried to sow divisions within the group and launched a smear online media campaign against it. On the other hand, they were embracing it in public. During a visit to Washington, Foreign Minister Taieb Fassi Fihri said, referring to the group, “We are proud of them.” The government initially did not expect a movement born in the sphere of virtual communication to gain momentum and reach a level where it would threaten its political agenda and the interests of those in power.


In the recent weeks, when the movement grew in power and became seriously challenging to the status quo, authorities started to brand it as a collective mass of extremists made up mainly of the outlawed Islamist Justice and Charity Group and the Marxist Democratic Path.

These groups are perceived as threats to the democratic process, and because they are part of the February 20 movement the latter is also lately portrayed as an obstacle to stability and to the alleged democratic course taken by the government. By the government I mean the ruling establishment not the cabinet, which is made up of ministers who come and go.

Following last Friday’s speech by King Mohammed VI in which he unveiled a daft constitution and called upon political parties to mobilize the people to vote “yes” for the project in a referendum scheduled for July 1, there was speculation that the protest movement would disintegrate as the demands of some of its components, mainly the Amazigh cultural movement, were allegedly answered in recognizing Amaizgh as an official language of Morocco.

The speculation proved inaccurate as thousands of people took to the streets in different cities to denounce the constitutional reforms and to demand a genuine democratic change in the country.

Almost all the components of the February 20 movement criticized the draft constitution and called the changes cosmetic. The giant masses of people who marched peacefully in the cities of Casablanca, Tangiers, Fes and even Marrakesh, which is still recovering from the shock of a terrorist attack, are a proof that the conflict between the establishment and the opposition is still alive. Even more, the protests and the recent government reaction to them signaled that Morocco is going down a dangerous slope.

The establishment will rely on the elites revolving in its orbit and on the majority illiterate and low-educated masses to support the constitutional reforms. But the educated people from student unions and opposition groups, who tend to be conduits of political change, are unlikely to be tamed.

Before the draft constitution is passed, I see that there is a door of opportunity to revise things and engage in an honest dialogue with the only real opposition group we currently have in Morocco, the February 20 movement. After the constitution is passed, the chances to diffuse tension will be less.

(Mustapha Ajbaili, a senior editor at Al Arabiya English, can be reached at Mustapha.ajbaili@mbc.net)

Will the new reform bring back the Kamal Al Aamari?

Thousands of activists took to the streets Sunday, but many Moroccans are satisfied at the pace of change in the kingdom, especially after King Mohammed VI's Friday speech promising reforms.

Fes, Morocco
Morocco's pro-democracy activists launched fresh protests Sunday, despite King Mohammed VI's Friday speech announcing a draft constitution that would limit the powers of his country’s centuries-old monarchy.
“We are sticking to our demands,” says Elabadila Maaelaynine, who joined thousands of other protesters in Casablanca to reject the king’s proposals, which they say don't go nearly far enough.

Rival protesters supporting the king – some genuine, others reportedly pushed by local authorities to speak in his favor – also took to the streets, and the pro-democracy demonstrators had to change their location after they were “attacked” with bottles and sticks by pro-king demonstrators, says Mr. Maaelaynine.
Despite a groundswell of support for democratic reform, however, many Moroccans are satisfied at the pace of change in the kingdom and want to avoid the type of tumultuous "Arab Spring" revolutions they've seen in fellow North African countries, such as Tunisia and Egypt.

“Imagine if the king suddenly says that he is going away … there will be chaos,” says Mohammed Montasir, a journalist in the northern city of Fes, adding that Moroccans are not seeking a revolution but a “movement against privileges” of the ruling elite.

How much reform is enough?

For four months now, activists have campaigned for the king to transfer powers to elected representatives and reign only as a symbolic head.

In Friday's speech, he announced the constitutional reforms he had promised in March after the first bout of protests.

The most significant proposed change is the boost in the executive powers of the prime minister and the parliament. For instance, the prime minister would appoint and remove ministers as well as dissolve the lower house of parliament in consultation with the king.

The king, however, is not divorced from executive power. The king would choose the prime minister from the party that wins the elections and he could also dissolve the parliament in consultations with the prime minister and members of the new constitutional court, half of whom he would appoint.

The continued presence of the king in the executive branch ignores the key protester demand of separation of powers. He also remains the military and religious head of the country.

While the king is offering a constitutional monarchy, the demand is for a parliamentary monarchy like the United Kingdom. For the activists, the king’s reforms are piecemeal and if they compromise now then the momentum they have generated for comprehensive change will be lost.
They also suspect that the king is trying to rush a referendum on proposed reforms – he set the vote for July 1 – before mass resistance can be mobilized.
The activists push back

The pro-democracy movement – called February 20 (after the first day of widespread protests in Morocco) – is made up of the web-savvy youth, left-leaning parties, and Islamists.

Peaceful rallies have attracted tens of thousands of people. A few of these demonstrations have been violently dispersed by government forces but not as brutally as protests in much of the Arab world.

Athman Hajhamou and Maniar Othmane are engineering students and activists in Fes. They argue that those who support the king do so because they’ve never known any other alternative. The current dynasty has ruled for more than 350 years.
Unlike his father, the 47-year-old king remains popular for improving women’s rights and ordering a probe into tortures committed by the state during his father’s reign. More recently, Morocco has been accused of torturing Islamist figures suspected of terrorism after suicide bomb attacks killed 45 people in Casablanca on one day in 2003.

“You elect your leaders, you support them, and you can reject them,” says Mr. Othmane. “You don’t have to love your ruler; you love your country.”

Will the movement lose steam?

Some observers predict that the movement will lose steam. Unlike the regimes of other Arab countries, the monarchy in Morocco has a certain legitimacy that can’t be dismissed, analysts say.

“The February 20 movement is finished now, because the king has answered the people’s movement,” says Jawad Kerdoudi, head of the Moroccan Institute of International Relations, speaking by phone from Casablanca.

February 20 has more than 60,000 followers on Facebook and they are calling on people to study the draft of the constitution, but 44 percent of Moroccans are illiterate. Activists are concerned they may be "duped" by the king's speech.

“Change depends on the strength of the movement," says Athman, "its ability to mobilize, to protest on the streets, to keeps its peaceful nature, and for democratic forces to remain united.”

Moroccan tea: The ceremony of hospitality (Part1)

It is the master of the house (or, in his absence, his wife or a wordless lalla will assume the task) who patiently, religiously and with remarkable seriousness prepares tea before you very eyes. While every other dish and platter is lovingly cooked away from praying eyes, tea is keen to be seen. If you made tea in the kitchen, this would be disobeying the rules of hospitality.