Interview with the author: Michele Zirari

In a few sentences, how would you describe the situation of freedom of association in Morocco?

It is difficult to formulate a rapid opinion of the status of freedom of association. The right to associate freely is a fundamental right amongst other fundamental rights and as such must be examined in the light of the global respect of these rights, and more broadly, the manner in which authorities function and the respect of the constitutional state.
If we strictly stick to freedom of association, we have observed real progress in this area over the past few years, the most positive point being the amendments made in 2002 to the 1958 Dahir on the right to constitute associations. These modifications abolished the more repressive aspects contained in the text since 1973 (administrative dissolution, sentences depriving persons of liberties in the case of non-respect of the law), and even made several improvements to the original text.

What is the main positive point in the current situation?
The negative point is that the law is still not respected, either due to lack of knowledge or deliberately. The most striking example is the fact that, even though the creation of an association does not require authorization, only a simple declaration, the administration refuses to deliver receipts of such declaration – despite the definite terms of the law – to certain associations, thus freezing their operations.

What is your personal opinion about freedom of association?
The large number of associations that exist in all realms can only make one optimistic as regards the free right to associate. Of course, there are still problems, but to my mind, the current situation is generally positive.
As for the future, it will surely depend upon the global evolution of the respect of fundamental rights. However, it is important to highlight that in order to improve the exercise of freedom of association, the associations themselves are on the front line: they must know their rights, know the law, respect it and demand that it be respected, and operate in a transparent professional manner.

Michèle Zirari is Professor of Law at the University Mohamed V
Interview carried out in october 2007