Civil Society and Democratization in the Arab World. Annual Report. 2004
Published July 2005

Back to Table of Contents

Morocco
 

Capital : Rabat

Date of Independence : 2/3/1956

Area : 446,550 Km

Population (in millions) : 32.7 (est. 2005)

Rate of Population Increase : 1.57% (est. 2005)

Ethnic Groups : 99.1% Arabs & Berbers, 0.7% others, 0.2% Jews

Religious Groups : 98.7% Muslims, 1.1% Christians, 0.2% Jews

Illiteracy : 48%

No. of Provinces : 37 governorates

Polity : Traditional Monarchy

Head of State : King Mohamed VI

No. of Political Parties : 14

GDP (in millions)ppp : $134,600 (2004)

GDP per Capitappp : $4,200 (2004)

Overview
 

After 44 years of French colonial rule, Morocco gained its independence in 1956 as a hereditary monarchy under King Mohammad V. On his death five years later, he was succeeded by his son King Hassan II, who in turn was succeeded in 1999 by his son Mohammad VI. The reign of Hassan II was marked by restlessness and rebellious attempts during the 1970s. In 1971, rebellious guards massacred more than 100 at the King’s birthday party and the following year, the country’s strongman Interior Minister General Ofkir sought to down the King’s 727 aircraft using fighter planes. The withdrawal of Spanish forces from the Western Sahara in 1975 created an opportunity for the King to mobilize nationalist sentiments on behalf of Moroccan sovereignty over the evacuated territory, as well as a chance, in this climate of national fervor, to assert his power. Thus thousands of dissidents were imprisoned or exiled, and hundreds disappeared with no trace.

In 1991, following the ouster of the Iraqi forces from Kuwait the Moroccan regime, like many other Arab states in the region, began a limited liberalization process. Mohammed VI ascended the throne in 1999 to rule over a country with a rate of 20% unemployed, a population in which about 50% were illiterate and 30% below the poverty line, and a state economy burdened with huge domestic and foreign debts. A grass roots Islamic movement was gathering support under such conditions by providing badly needed services which the government failed to provide.

The new king met these challenges by launching an extensive program of economic and political liberalization. The hard line Minister of the Interior, Driss Basri, was dismissed and thousands of political prisoners were released; families of those who died in captivity were given compensation, and exiled dissidents were invited to return. Perhaps most impressive of all was the King’s public apology to all those who suffered human rights abuses at the hands of the regime. No other Arab leader had ever made such an apology, or indeed ever apologized for anything. This mood of relative tolerance encouraged pressures for much larger margins of freedom, and in December 2002, thousands of demonstrators celebrated the U.N. human rights day, demanding radical democratic changes. Fearing things might be getting out of hand, the police arrested many of the demonstrators, but most were soon released. Human rights conditions continued to improve and in 2002 the King honored his promise for fair and free national elections.

Political Rights and Civil Liberties

1. The Executive, Political Parties and Elections. The Moroccans’ right to change their government democratically is limited because of the dominating powers of the King over the entire political arena. For he is not only the supreme executive but also shares legislative powers with the two houses of representation: the 325-member Chamber of Representatives elected by direct ballot of voting citizens, and the Chamber of Advisors (Majlis al-Mustasharin) whose members, according to the new law of March 2003, are selected by professional syndicates, trade unions and other organizations. The King, however, can dissolve the legislature at his discretion and rule by decree. The Constitution may not be changed or modified without the King’s approval. The cabinet is selected by the Prime Minister who is titular head of the Government, but five sovereign ministerial posts are traditionally appointed by the King: Foreign Affairs, Interior, Justice, Defense, and Islamic Affairs. The government can be dissolved by a vote of no confidence in both houses.

The 2002 parliamentary elections were the first free and fair elections in the country’s history, an example of freedom and fairness rarely witnessed in any other Arab country. Competing political parties were given equal coverage in the press and equal time in the broadcast media. The government also conducted a wide campaign to urge people to participate in the voting. Some 26 political parties out of 37 competed for the 325 parliamentary seats, of which 295 were to be awarded on the basis of party slates, while 30 seats are reserved for women on the National List. Five women also won seats in their local districts. Voter turnout was 52%. The most striking aspect of the election results was the 36 seats won by the Islamic Justice and Development Partya number four times larger than their representation in the 1997 parliament. In contrast, that same party came out eleventh in the order of seats won in the municipal elections held on 12/9/2003, though in terms of electoral votes the party ranked eighth in districts where candidates ran individually, but second in the major cities where voting was by party slates. Political parties, however, remain fragile and weak. No parties may be bounded on the basis of religion, race or ethnicity. They are all subject to judicial supervision.

2. The Judiciary, Trials, and Detention. The Constitution provides for an independent judiciary but in practice the courts have been subject to governmental interference in political cases. Furthermore, there is evidence of considerable corruption, resulting in investigations and the disciplining of judges, and a number have been dismissed. The judicial system includes the usual court levels: courts of first instance, appeal courts, and the Supreme Court. However, state security casesdeemed to be those relating to the monarchy, Islam, or the territorial integrity of the countryare tried before a military tribunal. Trials are usually open and reasonably fair though sometimes they are rushed through and large groups are tried collectively. In October 2003, new family courts were established to deal with Personal Status issues, such as divorce, child custody and other family concerns.

The Constitution did not prohibit arbitrary arrest and detention. These practices are frequently used by the police, though lately provisions for due process have been extensively revised. Under the new anti-terrorist laws of May 2003 terror is very broadly defined, thereby allowing permitting extensive arbitrary arrests, and the period of administrative detention (without charge) has been increased from 48 hours to four days, with a possibility for a further extension of another four days. Defendants are held incommunicado during the periods of detention and may be subject to abuse and torture during interrogation. HRW has reported in June 2004 that some 2000 are held in detention without charge in Tamara prison camp, and that in this and other detention centers torture is routinely practiced. An important positive development was the creation of a governmental committee to investigate the cases of those that disappeared and those that were incarcerated without trial during the period 1960-1990. The Committee is charged with rehabilitating victims and compensating them and/or their families. A basic criticism leveled at the Committee is that it does not investigate the perpetrators of these crimes.

3. Civil Society and the Freedom of Association. The Constitution provides for freedom of association but in practice it is limited. To operate legally all organizations must register with and obtain approval from the Interior Ministry. Generally, the government has not obstructed the formation of NGOs, except those of radical Islamists and leftist groups. Nevertheless, there are currently over 20 active Islamist NGOs accorded official recognition. There are three legally recognized human rights organizations (HROs) and several concerned with women’s rights. An important achievement was the ability of the HROs to establish an ongoing dialogueover the issues of democracy and women rightswith the Justice Party, the most important Islamic organization in Morocco.

The law permits the government to suppress all demonstrations and mass gatherings, however, the authorities have not resorted to this except occasionally, usually not interfering in peaceful marches and meetings.

The law permits workers to have their own trade unions. Approximately 600,000 (i.e. 6%) of the country’s 10 million workers are members of the 19 workers’ unions. Of these, fiveincluding an Islamic-oriented uniondominate the labor market. The law prohibits anti-union discrimination, and incorporates ILO Convention 87. Workers may bargain collectively and strike, but sit-ins are specifically prohibited.

4. Freedom of Speech and the Media. The Constitution provides for freedom of expression, but the anti-terrorist law and the Press Code impose severe financial penalties and prison terms for defamation and libel, as well as for anything that is deemed disparagement of the monarchy, Islam or Morocco’s territorial rights to the Western Sahara. Thus Journalist Ali Lmrabet was sentenced in May 21, 2003, under the Press Code to four years imprisonment and a fine equivalent to $2000 for “disparaging the monarchy” and “challenging the country’s territorial integrity.” Five other journalists received sentences for other offenses. The law may also punish journalists with three to five years prison sentences and the payment of damages for libeling public officials. The Press Code also prohibits articles that “threaten the public order.” Within the limits set by these restrictions the press publishes freely and is frequently critical of government policies, and has exposed cases of corruption and reported on official scandals. The government, however, may censor newspapers and order that specific items of news not be published. On the positive side, the government subsidized paper for the press and provides free premises for dailies and magazines.

There are presently about 2000 domestic and foreign newspapers and magazines in circulation. Since all newspapers and magazines are permitted to function only if licensed, the government maintains a controlling power through the threat of revoking this license in case the newspaper exceeds the limit of dissent tolerated by the regime. The government continues to prevent publication of the newspapers of the Islamist Justice and Charity Organization and has also blocked two of its web sites. The broadcast media is government owned and controlled and presents the official view. Satellite TV is available as well as access to the internet.

5. Freedom of Religion. The Constitution stipulates that Islam is the state religion, and the King is designated Commander of the Faith. The Constitution provides for freedom of religion and the government generally respects this right in practice, allowing non-Muslims, both Jews and Christians, to openly practice their faith. The government, however, prohibits proselytizing for any faith other than Islam, and bans conversion of Muslims to any other faith. Some restrictions are also placed on the publication and distribution of non-Muslim religious materials, such as the ban on the importation or sale of Bibles written in the Arabic language. But, on the other hand, the three major monotheistic religions enjoy governmental grants, and subsidies. The government funds the teaching of Islam in public schools, and provides an annual fund for Jewish public schools. Christian churches, orphanages, hospitals, and schools operate without restrictions or the need to obtain a license. The government continues to encourage tolerance and respect among religions.

6. Women and the Marginalized. The Constitution mandates the equality of rights regardless of gender, but in practice both traditional customs and family law (which is based on Shari’a) discriminate against women. A new Personal Status law proposed by the King was passed in Parliament in 2004. It provided for considerable egalitarian measures for women with regards to marriage, divorce, inheritance and guardianship of children. Of particular note is the fact that the Islamic groups, did not oppose the new law―as might have been expected―which gives women additional rights and guarantees, including the setting of restrictions on polygamy and a wife’s ability to divorce without consent of the husband. The Penal Code, however, remains lenient on men convicted of crimes committed against their wives, particularly with respect to the so-called “honor” crimes.

Women constitute 35% of the workforce but few rise to the top positions in their profession. Many NGOs focus on women’s issues and the promotion of women’s civil and political rights, while many others provide women with education in family planning, hygiene and child care. To involve women in political life the government set 30 seats for women in parliament. In the September 2002 elections five women won additional seats in their local districts.

The Berbers: Approximately 60% of the population are Berbers (known also as the Amazigh) or partially of Berber descent, including the Royal Family. Berbers claim that their culture and language are not accorded proper recognition, and that the activities of their associations are restricted by the authorities. Although in September 2003, the teaching of the Berber language was commenced in 317 primary and secondary schools, and a Royal Institute for the Amazigh culture was established, yet Berbers complain that the government continues to discriminate against them including efforts to Arabize the name of their villages and towns.

Prospects for Democratic Change
 

Morocco has made considerable progress along the democratic path by holding free and fair contested elections, and allowing a large measure of unrestricted religious freedom to all faiths. But the separation of the three branches of government remains unfulfilled. Political parties remain weak, but the associations of civil society have demonstrated vigorous activity in defense of the rights of women and human rights in general. Government restrictions on freedom of expression in the press and the broadcast media still leave much to be desired in view of the numerous arrests of journalists in 2003. The new Family Code introduced by the king is a landmark in the history of Morocco and a model for emulation by other Arab states. A new law to combat terrorism includes a broad definition of terror which opens the door to abuse by security forces. Nevertheless, there is no doubt that, overall, Morocco is one of the most advanced Arab countries on the path of democracy.