NEW CONSTITUTION ENTRENCHES NATIONAL INSTITUTIONS WORKING IN THE FIELD OF HUMAN RIGHTS PROTECTION

The Moroccan new Constitution was adopted following the referendum of July 1, 2011. It entrenches the protection and promotion of human rights, freedoms, good governance, sustainable and human development and participatory democracy.

Articles 161 through 170 of the new Fundamental Law provide for the creation and constitutionalization several related national institutions.

INSTITUTIONS IN CHARGE OF THE PROTECTION AND PROMOTION OF HUMAN RIGHTS

- The National Human Rights Council: “a national, pluralistic and independent institution. It shall be in charge of looking into all matters pertaining to the defense and protection of human rights and liberties, the provision of guarantees for their full exercise and promotion, as well as the preservation of the dignity, and the individual and collective rights of citizens, men and women alike, in full compliance with the appropriate national and universal frame of reference.”

- The Mediator: “a national, independent and specialized institution seeking, within the frame of the relationship between the civil service and public service users, to uphold rights, contribute to enhancing the rule of law, disseminate the principles of justice and equity, and promote ethical standards and transparency in the management of the civil service, state corporations, local governments and institutions exercising state authority.

- The Council for the Moroccan Community Abroad, which is “entrusted mainly with giving an opinion on public policy guidelines, with a view to ensuring that Moroccans remain deeply committed to their Moroccan identity, make sure their rights are guaranteed and their interests safeguarded, and contribute to human and sustainable development in their homeland, Morocco, as well as to its progress.”

- The Authority in charge of parity and the fight against all forms of discrimination, set up under the provisions of Article 19 which stipulates that “Men and women shall enjoy, on an equal footing, the civic, political, economic, social, cultural and environmental rights and freedoms specified in this Chapter (chapter II) and in other provisions of the Constitution, as well as those specified in the international conventions and covenants duly ratified by the Kingdom, in accordance with the provisions of the Constitution and with the immutable values and the laws of the Kingdom.” As provided for in the text, this authority shall take into account the powers vested in the National Human Rights Council.

INSTITUTIONS IN CHARGE OF GOOD GOVERNANCE AND REGULATOTY MATTERS

- The High Authority for Audiovisual Communication: “an institution in charge of ensuring respect for diversity in the expression of opinions and thoughts, and for the right of access to information in the audiovisual field. Due account, in this respect, shall be taken of the fundamental cultural values and of the laws of the Kingdom.”

- The Competition Council: “an independent authority. In organizing free, loyal competition, it shall ensure transparency and fairness in economic relations, mainly by means of analyzing and regulating competition on the market, checking anti-competitive practices, unfair trading practices, economic concentration operations and monopoly.”

- The national authority for probity and the prevention and combat of corruption, which “shall mainly seek to coordinate, supervise and monitor the implementation of policies designed for the prevention and fight against corruption. It shall collect and disseminate relevant information, contribute to the promotion of probity in public office, enhance the principles of good governance, and upgrade the culture of public service and the values of responsible citizenship.”

INSTITUTIONS FOR THE PROMOTION OF SUSTAINABLE AND HUMAN DEVELOPMENT AND PARTICIPATORY DEMOCRACY

- The Higher Council for Education, Training and Scientific Research: “a consultative institution, give its opinion on public policies and matters of national interest pertaining to education, training and scientific research, as well as on the objectives and functioning of public agencies in charge of these matters. It shall also contribute to the evaluation of public policies and programs in these fields.”

- The Advisory Council for Family and Children, which “shall monitor the situation of the family and children, give its opinion on national plans in this field, stimulate public debate on family issues and ensure follow-up to the implementation of national programs initiated by the relevant departments, bodies and institutions.”

- The Advisory Council for Youth and Community Action: “a consultative body involved in the protection of youth and the promotion of community life. It shall be responsible for studying and keeping up with issues related to these areas, as well as making recommendations on any economic, social or cultural subject bearing direct relevance to youth and community action. It shall also encourage the creative energies of youth and help young people get involved in public life, as responsible citizens.”

Under the new constitution, these institutions should present a report on their activities at least once a year and discuss it before the Parliament.

The creation of these institutions reflects the irrevocable commitment of Morocco to promote and protect human rights in their universality, indivisibility and interdependence.