Political PresentationA Constitutional, democratic,

Parliamentary and Social Monarchy

Kingdom of Morocco

The Kingdom of Morocco is one of the oldest monarchies in the world. The Monarchy is the guarantor of the country's unity and the freedom of its citizens. Morocco has maintained its commitment to its traditional foundations while engaging in modernity. The King of Morocco, symbol of the Unity of the Nation, guarantor of the perpetuation and the continuity of the State, ensures respect for Islam and the Constitution and guarantees the independence of the Nation and the territorial integrity of the Kingdom in its authentic borders. The King is the Supreme Commander of the Royal Armed Forces.

“Morocco is a constitutional, democratic, parliamentary and social monarchy.” Paragraph 1, Article 1 of the 2011 Constitution

The Government

Monarchy

The Government consists of the Head of Government and Ministers and remains throughout its mandate answerable to the King and Parliament.The Government is invested immediately after establishing its governmental program and obtaining the consent and confidence of the House of Representatives, expressed by the vote of an absolute majority of the members of the House. Under the authority of the Head of Government, the Government implements its governmental program, ensures the implementation of laws, arranges the administration and supervises the activities of businesses and public institutions. The first Moroccan Government, after independence, was established on December 7th, 1955. The present Government (30th) was established on January 3rd, 2012.

“The king appoints the Head of the Government from the political party which won the general election of the House of Representa-tives’ members ... On proposal of the Head of the Government, the

King appoints the members of the Government”.Paragraph 1 and 2, Article 47 of the 2011 Constitution

The Judiciary Authority

The Parliament consists of two chambers, the House of Representat ives and the House of Councillors. The Parliamentary Representatives are elected for a term of five years by direct universal suffrage. The number of Representatives, the electoral system, the eligibility requirements, the system of incompatibilities and the organization of electoral disputes are determined by an

organic law. Members of the House of Councillors are elected, among the elected bodies, for six years.The Parliament holds two sessions per year. The opening of the first session is chaired by the King and begins on the second Friday of October. The second session begins the second Friday of April. The sessions of the two Houses of Parliament are public. The report of the debates is published in the Official Bulletin.

“The members of Parliament are expected to set the best example by making public interest prevail over all other considerations, thereby contributing to

the consolidation of the Moroccan distinctive model based on democracy and social solidarity."

Speech of His Majesty the King Mohammed VI to the Moroccan Nation on November 12th, 2012

The judiciary is independent from the legislative and executive branches. Judges are appointed by Dahir, on a proposal of the Magistracy Superior Council. The different jurisdictions of the Kingdom are: • Communal and Districts Courts; • Administrative Tribunals; • The Courts of First Instance; • Courts of Appeal; • The Supreme Court; • The Permanent Tribunal of the Royal Armed Forces; • Commercial Courts.

"No one is to be arrested, detained, prosecuted or convicted outside cases and rules provided by the law."

Paragraph 1, Article 23 of the 2011 Constitution

The Parliament

政党The existence of political parties, trade unions and an active and pluralistic political life does not date back to three or four decades, quite the contrary. It dates back to the beginning of last century. Morocco counts more than 36 political parties of all tendencies: right-wing, centre, left-wing, Islamist parties in addition to many trade unions organizations. A period of sixty years or more separates some old parties from those which were formed later. This applies to the Moroccan Communist Party (MCP) founded in 1943, the Istiqlal Party (IP) created in 1944 and the Democratic Party for Independence (DPI) appeared in 1946. A new era starts in Morocco with the beginning of the consensual alternation government experience that was committed in 1997. On 25 November 2011, the Party of Justice and Development (PJD) had won parliamentary elections by getting 107 seats in the 395 that make up the House of Representatives. Thus, the actual Moroccan government is composed of the PJD, Istiqlal, PPS and MP.

Article 7 of the 2011 Constitution stipulates that “Political parties work on surrounding and presenting a political education to citizens, promoting

their participation in national life and managing public affairs. They contribute in expressing the will of electors and participate in exercising the power based on pluralism and alternation through democratic tools, in an atmosphere of constitutional institutions. Their establishment and the practice of their activities are free, in conformity with the Constitution

and law”.

The Media

The considerable democratic progress which is taking place in Morocco along with the economic reform process which has been carried out during the last years have allowed the media to play an increasingly prominent role.The Moroccan media landscape manifests a true dynamism in both the printed press and audiovisual media. We cannot talk about the Moroccan media landscape without mentioning the Maghreb Arab Press Agency whose human resources, logistics and network of offices, inside the country and abroad, allow the collection and diffusion of a considerable mass of information.

Known for its diversity, the Moroccan print media have witnessed, these last years, a deep mutation marked by the renewal and modernization of its equipment (computerization, color paper, etc...), the hiring of young executives, the gradual revamping of its articles and design and the increase of the number of published pages. The electronic version of the printed press takes various forms: the publication o f f o r e i g n t i t l e s ; t h e printed version of which is also available in the Moroccan market; t h e p u b l i c a t i o n o f the f i rs t page o f the na t iona l newspapers and magaz ines on t he i r webs i t es s o a s n o t t o c o m p e t e w i t h t h e i r p r i n t e d issues and finally the publication of the electronic press.T h e N a t i o n a l U n i o n o f t h e Moroccan Press (S.N.P.M.) was set up in January 1963, as an autonomous professional association with the aim of defending the profession and the code of ethics.

"Freedom of the press is guaranteed and cannot be limited by any prior form of censorship”.

Paragraph 1, Article 28 of the 2011 Constitution

The kingdom of Morocco holds a unique position in the history of colonization, as well as in the decolonization process, that deviates from the usual model that applies to other countries. Indeed, due to its geographical situation at the gateway of Africa and the junction of the Mediterranean Sea and the Atlantic Ocean, Morocco was, for centuries, targeted by colonial ambitions, mainly European.

These started in the second half of the XIX Century with the occupation by Spain, in 1884, of a settlement in the far south of the country, called villa Cisneros (Dakhla), followed by the conclusion by European powers of secret agreements dividing Morocco into zones of influence and occupation.

Hence, Morocco turned out, in 1912, divided into several zones of occupation. Forty-four years later, Morocco started to recover its territorial integrity gradually and through negotiated international agreements. In 1956, France and Spain retroceded the central and northern zones to Morocco; the international zone of Tangier was also retroceded to Moroccan.

Ever since, Morocco and Spain decided to adopt a policy of consultation and negotiation as a favourite means of resolving the territorial dispute. This resolute policy of peacefully settling disputes gave birth to the 1958 Agreement by which the territory of Tarfaya was retroceded to Morocco, the 1969 Agreement that consecrated the return of the territory of Sidi Ifni, Madrid A g r e e m e n t o f 1975 tha t marked the end of Spanish presence in the Moroccan Sahara.

Sahara Issue

As for the human and humanitarian dimension of this territorial dispute, the National Human Rights Council (CNDH), which became a Constitutional Body, finalizing the establishment process of its regional structures, has installed two Commissions in the Sahara, in Laâyoune and in Dakhla. These Commissions are stemmed from the local civil society and from NGOs involved in the promotion of the human rights. They enjoy genuine powers in terms of early-warnings, investigation and mediation.

Initiative of AutonomyIn a bid to put an end to the longstanding dispute, the Kingdom of Morocco presented, on March 14th, 2007, a proposal to grant substantial autonomy to the Sahara Southern Provinces. The initiative was widely praised and enjoyed wide international support. Morocco presented a courageous autonomy initiative which is consistent with global standards and international legality, and which takes into account the region’s social and cultural specificities.

The autonomy statute is based on the transfer of substantial prerogatives that allow the population run their own affairs democratically, in the framework of the national territorial integrity.

The Moroccan Initiative comes in response to the wish expressed by the international community to break the impasse and to foster dialogue and help initiate negotiations. The Initiative draws inspiration from the relevant proposals of the United Nations Organisation, and from the constitutional provisions in force in countries that are geographically and culturally close to Morocco. It is based on internationally recognised norms and standards.

Thus, the broad lines of the autonomy statute proposal submitted to the United Nations Organisation are as follows:• aresponsetotheinternationalcommunitywish;• abreakofthecurrentstalemate;• fosteringdialogueandhelptoinitiatenegotiations;• toreacharealisticandpracticalcompromisesolution;• tofosterafinal,mutuallyacceptablepoliticalsolution;• toenablethepopulationoftheSaharatoruntheirownaffairsthemselvesanddemocratically;• topreservetheKingdom’ssovereignty,nationalunityandterritorialintegrity;• togivechancetoboostingtheMaghrebconstruction;• tofulfiltheaspirationsoftheMaghrebpeoplesforunity,stability,security,progressanddemocracy;• toguardagainstthethreatofterrorismandallsortsoftrafficking.• The Moroccan proposal takes into account:• thesocialandculturalspecificitiesoftheregion;• theinternationalautonomystandards;• thedynamicprocessofconsultationanddemocraticparticipation.• It provides the region with :• itsownlegislative,executiveandjudiciarybodies;• coordinationmechanismsbetweenregionalandnationalinstitutions;• arbitrationbodiestoresolvepossibledisputesoverjurisdiction• ConfidenceBuildingMeasures.

“The tabling of the pertinent initiative designed to give the Moroccan Sahara au-tonomous status within the framework of the Kingdom’s sovereignty, national unityandterritorialintegritywasawatershedinthesearchforafinalsettlementtothisregionalartificialdispute,allthemoresoastheinitiativeisconsistent

with international legitimacy, grants all the region’s populations extensive man-agementoftheirlocalaffairsandrespectsthesaidpopulations’specificcultur-

al features”.Speech of His Majesty the King Mohammed VI to the Moroccan Nation on No-

vember 6th, 2012

The Kingdom of Morocco has opted, for several decades, in favour of a process of building a democratic State based on the principles of good governance and the protection of the freedom and dignity of citizens. It has made of politi-cal openness and human development two complementary pillars for building a democratic, developed and homogene-ous society.

In this context and with the advent of His Majesty King Mohammed VI on the Throne, on July 30th, 1999, the Kingdom of Morocco has experienced a movement of unprecedented reforms in political, social and economic areas. From Family Code reform, which revolutionized women status and condition in Mo-rocco, to the launch of the National Initiative for Human Development (NIHD) and justice reform, the major projects of the Kingdom of Morocco have recently culminated with the reform of the Moroccan Constitution.

Morocco has experienced in 1997, a peaceful government alternation within its institutions and political traditions. In addition, Morocco has been engaged, for more than a decade, in a raft of major changes, considerable political openness, sustained economic develop-ment and significant social progress. Thus, the major projects of the Kingdom have cul-minated in the adoption and institutionalization of a new reform of the Moroccan Constitu-tion.

“Morocco’s unity, forged by the convergence of its Arabo-Islamic, Amazigh and Saharan-Hassani components, is nourished and enriched by its African, Anda-

lusian, Hebrew and Mediterranean tributaries.” Paragraph 2 of the Preamble of the 2011 Constitution

Constitutional and Institutional Reforms

新宪法Since its independence in 1956, Mo-rocco has had six constitutions prom-ulgated respectively in 1962, 1970, 1972, 1992, 1996 and 2011. In addi-tion to these six different constitutional texts, Morocco revised three of its constitutional texts namely those of 1972, 1992 and 1996. However, the new constitution of 2011 is considered as a suitable tool initiating the Moroccan alternative toward democracy. For good rea-sons, the fundamental features of this new text trace the following contours:• Consistency and modernity that rely as much on the form than on the level of the

modern formulation of the preamble, integrated part of the constitutional text;• Inclusive, transparent and democratic methodology (constitution made by the

Moroccans for all Moroccan);• Consecration of the foundations of the Moroccan plural identity;• Linguistic pact rebased on the assumed pluralism;• True citizen chart of rights and freedoms rooted on the universal standards of

human rights;• Strengthening the notion of gender equality by the consecration of parity;• Primacy of the national sovereignty and supremacy of the constitution;• Separation of power depending on a constitutional monarchy regime, democratic,

parliamentary and social framework;• The judicial authority enjoys the status of independent authority, which is

responsible for protecting the rights and ensure law respect;• Constitutionalizing a participative and citizen democracy;• Constitutionalizing the fundamental principals in terms of good governance, ethical

standards of the public life and the rule of economic law; • Constitutionalizing the territorial democracy (advanced regionalization).

"By launching today the work of constitutional reform, we embark on a ma-jor phase in the process of consolidation of our model of democracy and

development". Speech of His Majesty the King Mohammed VI to the Moroccan Nation on

March 9th, 2011

Advanced RegionalizationThe2011Constitutionof theKingdomofMo-roccopaves theway foranadvancedregion-alizationaswellasaredistributingofpowersbetweenconstitutional institutions.Itenshrinesacountrywithunitedregions,basedonadem-ocratic reorganizationofpowersbetween theStateandtheregions.

• The basic principles underlying the Moroccan regionalization system are as follows : • National, localand regionalunity,

balance,solidarityanddemocraticpractices;

• Electionofregionalcouncilsbydirectsuffrage,rightofpetition;

• Principlesofself-managementandsubsidiarity;• Transferringtheexecutivepowerofthesecouncilstotheirpresidents;• TheregionalCouncilwillserveasacollegeforelectiontotheHouseofCouncillors.

• Constitutional basis for a new local and regional setup in the Kingdom, con-ducive to :• Substantialdevolutionofpowersfromthecentralauthoritytotheregions;• SeveralformsofpartnershipandcontractualrelationshipsbetweentheStateandtheregions,

andbetweenlocalgovernments;• Development and devolution of central powers.• Creation of a regional equalization fund and of a fund for the social overhaul-

ing of regions.• Relationshipbetweenoffice-holding,publicofficeandaccountability.• Constitutionalizingtheprincipleofthebalanceofpublicfinances.• Confirmingthebasicprinciplesofsocialmarketeconomyandeconomicrule

of law : • Therighttoproperty,freeenterpriseandfreecompetition;• Theprohibitionofconflictsof interest,of insidertradingandofpracticesthatarecontraryto

theprinciplesoffreeandfaircompetitionineconomicrelations.

"The territorial organization of the kingdom is decentralized. It is based on an Advanced Regionalisation ".

Paragraph 4, Article 1 of the 2011 Constitution

Maghreb Union“The new Maghreb order I called for last year has today, more than ever, become an urgent necessity. It needs to be given concrete substance to turn it into a reality so that we may build a common Maghreb. It is therefore impera-tive that the five Maghreb countries pledge to overcome the current state of inertia which puts the future of the Arab Maghreb Union at risk.

This Union is already the least developed regional integra-tion bloc in Africa. It means we have to work earnestly and in good faith to develop mechanisms that are conducive to solidarity and integration in order to fulfil the aspirations of our peoples, enable them to achieve their full potential and put their skills and qualifications to good use, ensure the free movement of people, goods, services and capital, promote growth, create wealth and guarantee our collective security”.

Speech of His Majesty the King Mohammed VI to the Moroccan Nation on No-vember 6th, 2012.

Family CodeWhen announcing the reforms, His Majesty Mohammad VI indi-cated: “I sought to reflect the general will of the Nation, rather than im-pose legislation. The reform did not represent a victory for one side or the other”.

According to the Moroccan law, the family code is called “Mu-dawana”. It concerns all issues related to the family. Originally based on the Maliki School of the Sunna Islamic jurisprudence, the Mudawana was codified after the Kingdom of Morocco recov-ered its independence.

The recent reforms of the Mudawana, approved by the Parlia-ment in 2004 and praised by human rights activists for its measures to address wom-en’s rights and gender equality within an Islamic legal framework, stipulates that both spouses share responsibility for the family; that the right to petition for divorce belongs to both men and women; and that the Children’s rights are protected according to the international conventions signed by the Kingdom of Morocco.

National Council for Human RightsThe National Council for Human Rights (CNDH) replaced the Human Rights Advisory Council which was created in 1990.The Royal Decree instituting the CNDH indicates that its objective is to “consolidate the independence of the insti-tution in charge of monitoring human rights situation in the kingdom, by relying on pluralistic and rationalized com-position. The primary mission of the CNDH is to monitor and assess the human rights situation and enrich rights for related-debates”.

The Decree stipulates further that “in order to successfully com- p l e t e its actions, the new organ is entitled to examine any violations or alleged violations of human rights and to launch the appropriate inquiries, based on existing testimonies, in order to find the truth.” It will also “sound the alarm in any situations of tension that would lead to human rights abuses, and to control the conditions of detention in the country’s prisons.” Another mission of the CNDH is to help in the monitoring of elec-tions and to “ensure that the existing rules and legislation are consistent with interna-tional treaties on human rights and the international humanitarian law.”

The MediatorEstablished in 2001 by Royal Decree, the Ombudsman Office (former Office of Griev-

ances – Diwan Al Madhalim), started its operations in April 2004. It has been enthusiastically welcomed by Moroccan political circles as well as Human Rights organizations. Besides mediation and conciliation, this Institution, very recently reformed and called “The Mediator”, has also the power to conduct inquiries and investigations.

It is empowered to initiate disciplinary proceedings or act as public prosecutor and also to make recommendations concerning legal help, particularly for the poorest and those in precarious situation. The institution is created to strengthen the principles of good governance in pub-lic administration, the values of transparency and ethical

standards, and to meet the requirements for improving the performance of authorities and their modernization.

The National Human Development Initia-tive (INDH) is a program launched in 2005 by King Mohammed VI of Morocco with the objective of ensuring a better distribution of the fruits of growth and to improve the liv-ing conditions of citizens.

The program has an important budget and is distributed equally between two country-wide programs called: "transversal program" and "program against precarious living conditions"; as well as two geographically targeted programs, namely an urban and a rural program. For the urban program, committees at the local level identified 264 urban neighborhoods with the greatest needs in 30 cities that would benefit from the initiative. The rural program targets 348 rural zones.

National Human Development Initiative

The 2011 Moroccan Constitution awarded the Cen-tral Agency for the Prevention of Corruption (ICPC) a new status for the national-level prevention and fight against corruption. With a new priority status, the ICPC is gearing up for a major surge in order to bolster the campaign against corruption in Morocco. This allows the ICPC to consolidate its missions to prevent corruption. The ICPC is now able to assign and launch major investigations dealing with various forms of corruption.

This new status gives also the ICPC the prerogative of horizontal framework of efforts in order to both prevent and fight against corruption through a national strategy in con-junction with other law enforcement agencies. The Department of Justice in Morocco has already agreed to the creation of Chambers specializing in financial crimes at Morocco's four Courts of Appeal. The ICPC hopes to capitalize on this initiative. The ICPC has developed a communications strategy to raise awareness of the harmful ef-fects of corruption in explaining its different forms, its causes and consequences.

Central Agency for the Prevention of Corruption

Officially founded on October 17, 2001, under a Royal decree, the Royal Institute of the Amazigh Culture (IR-CAM) is an academic Institute of the Moroccan Gov-ernment. It is in charge of the development and the promotion of the Amazigh language and culture and of the development of Amazigh language courses for Morocco's public schools.

The Institute offers advice to the Moroccan king and Government about the measures that would help

d e - velop and promote the Amazigh language and culture, especially within the educational system.

Royal Institute of the Amazigh Culture

The Royal Advisory Council for Saharan Affairs (CORCAS) was created, in March 2006, by a Royal Decree, which stipulates that the CORCAS is asked to assist in the issues relating to the defense of the Kingdom’s territorial integrity and national unity, the promotion of social and economic development of the southern provinces and the preservation of their cultural identity.

The Council shall render advisory opinions on general or special issues also relating to human, economic and social development of the southern provinces and carry out mis-sions entrusted regarding these fields.

The CORCAS also issues proposals related to any measure that allows the coming back and integration within the clement and merci-ful homeland of all Moroccans coming from the southern provinces along with initiatives to be carried out in the southern provinces and other regions of the Kingdom to defend the country’s territorial integrity and national unity and consolidate national solidarity.

Royal Advisory Council for Saharan Affairs

摩洛哥王国驻华大使馆Embassy of the Kingdom of Morocco

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