EMHRN - Home > THEMES > Freedom of Association > FOA-Morocco-Recommendations

Freedom of Association in MOROCCO

RECOMMENDATIONS

The Moroccan government is called upon to:
 
  1. With regard to the political, democratic and human rights situation
  • Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Morocco, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
 
  1. With regard to the laws and practices pertaining to associations and civil society organizations1[1]
  • Ensure that the existing laws are strictly applied, in particular with regard to respect of freedom of association.
Formation and Incorporation
  • Simplify the administrative procedure on formation and incorporation that associations must follow;
  • Strictly apply the provisions of the law pertaining to the procedure on declaration: the administrative authorities must issue “on the spot a sealed provisional receipt” (article 5, par. 1)
Dissolution and Suspension
  • Ensure that the provisions of the reform law of 2002, that abolish administrative dissolution and entrust that task to the judicial system, are strictly followed.
Organization and Operation
  • Widen the access of association to civil action2[2] : access to civil action should not be limited to associations recognized as being in the public interest, and whose recognition does not follow clearly established and implemented criteria and for which the authorities are not accountable
  • Ensure the effective implementation of the law as regard the distinction between meetings of members of an association and public meetings.
Funding and Taxation
  • Process within a reasonable time all requests for an association to be recognized as being in the public interest and ensure that the decision is notified in writing.
  • Ensure the effective implementation of the provisions of the reform law of 2002 that extend to associations that are merely declared the right to receive donations.
Control authority, Governance and Transparency
  • Take into consideration the plea of associations for lighter penalties for non-respect of legal provisions on the exercise of the right of association.
 
  1. With regard to the climate required for the sustainable development of civil society
  • Encourage the effective participation of associations to public life, in particular to the development of public policies, by putting in place impartial procedures for engaging into partnerships with associations, at the public policy and local community level;
  • Avoid any confusion between the prohibition for certain categories of civil servants to join labour unions (decree of 02/5/1958, modified in 1966), and the provisions of the law on associations that do not provide for such categorical prohibition pertaining to membership in associations;
  • Encourage the development of a national debate on the proposals for legislative reforms put forward by representatives of civil society pertaining to the legal and financial situation of associations in the Maghreb and the legislative amendments on associations and gatherings in Morocco.
[1] The reform of 2002 put into question the tone and repressive aim of the previous legislation on the free exercise of freedom of association (in particular, the dahirs of 11/15/1958 and 04/11/1973). As that reform has satisfied the main demands of the associative community, the main challenge now is to ensure the effective application of the law in the day-to-day practices of the local, regional and national authorities.
[2] The provisions of the new Code of penal procedure (promulgated in 2002) pertaining to the possibility for an association to associate itself in a court action with the public prosecutor (constitution en partie civile) are very restrictive: only associations recognized as being in the public interest are allowed that right, provided they have been in existence for at least four years at the time of the events. The action is allowable only if there are already proceedings initiated by the public prosecutor or by the victim associating himself/herself in a court action. Because of these restrictions, only a small number of associations may associate themselves in a court action with the public prosecution. They also deprive the associations of one of the main advantages of that proceeding, which is initiating legal proceedings, since an association may only join proceedings that are already ongoing.