New Moroccan Constitution

 New Moroccan Constitution Proposed

His Majesty King Mohammed VI announced on 17 June proposals for the new Moroccan Constitution which will, if accepted in a referendum to be held on 1 July, will result in the creation of a Constitutional Monarchy, based upon democratic parliamentary values, the separation of powers and greater freedom for all citizens.

 

The main provisions are as follows:

 

The King will remain the Head of State and Amir Al Mouminine, Commander of the Faithful, ensuring freedom of worship and tolerance for all.

 

The new Constitution will acknowledge the Amazigh language, alongside Arabic, as an official language of the Kingdom and will rehabilitate and promote Amazigh language and culture, along with the Hassani Culture of the Saharan Provinces.

 

All human rights, as universally recognised, with the appropriate measures and guarantees, will be enshrined in the Constitution, resulting in the Moroccan Constitution becoming a human rights constitution as well as a charter for citizens' rights and obligations.

 

The Constitution confirms the commitment to all human rights, including the presumption of innocence and the guarantee of the right to a fair trial.  Torture, enforced disappearances, arbitrary detention and all forms of discrimination and inhuman and degrading practices will be criminalised.  Freedom of the Press and of expression and of opinion will be upheld, as will be the right to obtain access to information and to submit petitions.

 

The Constitutional status of the Prime Minister will be elevated to that of Head of Government.  He or she will be appointed from the party which wins the most votes at a general election, through universal suffrage.  The Head of Government will propose and dismiss cabinet ministers, steer and co-ordinate government policy, with positions for public office being held on the basis of transparency and equal opportunity for all Moroccans.

 

Upon receiving the Head of Government's and Ministers' proposals concerning the appointment of senior public officials, the King will appoint walis, governors, ambassadors and the heads of the domestic security agencies and strategic national institutions.  Military appointments will however remain the Monarch's prerogative, as Supreme Commander and Chief of Staff of the Royal Armed Forces.

 

The Head of Government will also be empowered to dissolve the House of Representatives.  The requisite conditions are specified to ensure separation of powers, as well as balance and co-operation between the branches of the State.

 

To ensure that the government has a constitutional basis to exercise regulatory and executive powers, the Governing Council's powers and mandate will be enshrined in the Constitution.  It will be chaired by the Head of Government and all cabinet ministers will participate.  The Council of Ministers will be chaired by the King and meetings held either on his initiative or at the request of the Head of Government who will participate along with his ministers.  The Governing Council will have extensive decision-making and deliberative powers, with the Council of MInisters deciding upon the matter discussed by the Governing Council.

 

The House of Representatives will determine the ratification of legislative texts and will have greater powers in holding the government to account.  Government will be accountable only to Parliament.  The legislative powers and the enactment of all laws will be the exclusive prerogativea of Parliament, with its domain increasing from 30 fields to more than 60.

 

To ensure probity, the Constitution will forbid party-switching and will restrict parliamentary immunity to the expression of views and not criminal matters.  To confirm and ensure that all citizens are equal before the Law, the High Court of Justice for cabinet members will be abolished.

 

The Second Parliamentary Chamber will have between 90 and 120 members.  In addition, at the request of trades unions and political parties, trades union organisations, professional bodies and employers' associations will be represented, thereby helping to improve the social conditions of the Moroccan People in a political and socially advantageous manner.

 

Moroccan citizens living abroad will also be represented in both chambers of Parliament and will be able to stand for election.

 

The role of Parliament will further be enhanced by strengthening the role of the opposition in terms of legislation and control.  Proportional representation will prevail throughout the Parliament.  The Head of Government must provide progress reports to Parliament and answer questions on public policy.  The quorum to move a motion of censure, establish commissions of enquiry and refer bills to the Constitutional Court will be lowered.  Parliamentary commissions will be empowered to question officials heading administrative and public institutions.

 

The judiciary's independence from the executive and legislative will further be enhanced, with all judgements having to be in accordance with the law, and with the criminalisation of any interference, corruption or undue influence.   Administrative and financial autonomy will be given to the new Higher Council of the Judicial Power, headed by HIs Majesty, with the President of the Court of Cassation  exercising powers formerly held by the Minister of Justice, whose role will be ended.   This new Higher Council will be composed of elected judges, including female judges, to ensure that its membership is open to all citizens and institutions involved in human rights and the defence of judicial independence.

 

Specific fundamental organisations' existence will be enshrined in the new Constitution to promote citizenship and democratic participation.  These include the National Council for Human Rights, the constitutional statutes of political parties, trades unions, professional bodies, civil society groups, etc.

 

A Council for Youth and Community Work will be established to be proactive in encouraging young people to contribute to the Nation's future, in keeping with the principles of democracy and responsible citizenship, to foster unity, dignity and social justice.

 

The mechanisms of good governance, integrity in the public sector and the fight against corruption will be strengthened, with the Court of Auditors, the Competitiveness Council and the National Authority for Integrity and the Prevention and Fight Against Corruption being enshrined in the Constitution.

 

A Supreme Security Council, under the King's chairmanship, will manage internal and external strategic security issues, including structural and emergency matters, and will be proactive in ensuring good security governance.  The heads of the legislative, executive and judicial branches of the State, along with relevant ministers, officials and individuals will be members of this Council.

 

The proposed new Constitution as well as re-distributing powers and resources from the centre to the regions within the advanced regionalisation framework already announced by His Majesty King Mohammed VI, will also establish a modern, democratic, decentralised system of government, integrating human and sustainable development within the framework of national unity and territorial integrity. 

 

 

June 2011