NGO Law Monitor: Morocco
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
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Last updated 17 May 2012
Introduction
Morocco has undergone a series of major reforms since King Mohammed VI ascended to the throne in 1999, including passage of substantial amendments to the Decree on the Right to Establish Associations in 2002 and approval of a new constitution in 2011. As a result of the newly enabling legal environment, Moroccan civil society has undergone a substantial flowering and expansion. However, implementation problems have been reported in the case of associations touching on "red line" topics of Western Sahara, the monarchy, and the religion of the state.
If implemented properly, Morocco's legal framework for NGOs could be considered among the most enabling for civil society in the entire Arab world.
At a Glance
| Organizational Forms | Associations |
| Registration Body | Headquarters of the local Administrative Authority |
| Approximate Number | Unknown |
| Barriers to Entry | Administrative officials sometimes refuse to accept registration applications (registration is voluntary). |
| Barriers to Activities | Organizations which pursue activities that are "illegal, contrary to good morals, [or which aim] to undermine the Islamic religion, the integrity of the national territory, or the monarchical regime, or call for discrimination" are prohibited. |
| Barriers to Speech and/or Advocacy | Organizations which pursue activities that are "illegal, contrary to good morals, [or which aim] to undermine the Islamic religion, the integrity of the national territory, or the monarchical regime, or call for discrimination" are prohibited. |
| Barriers to International Contact | n/a |
| Barriers to Resources | n/a |
Key Indicators
| Population | 31,968,361 (July 2011 est.) |
| Capital | Rabat |
| Type of Government | Constitutional Monarchy |
| Life Expectancy at Birth | Male: 72.84 years Female: 79.11 years (2011 est.) |
| Literacy Rate | Male: 65.7% Female: 39.6% (2004 census) |
| Religious Groups | Muslim: 99%; Christian and Jewish: 1% (2010 est.) |
| Ethnic Groups | Arab-Berber: 99%; Other: 1%. |
| GDP Per Capita | $4,800 (2010 est.) |
Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2010.
International Rankings
| Ranking Body | Rank | Ranking Scale (best - worst possible) |
| UN Human Development Index | 114 (2010) | 1 – 182 |
| World Bank Rule of Law Index | 50.2 (2009) | 100 – 0 |
| World Bank Voice & Accountability Index | 28.4 (2009) | 100 – 0 |
| Transparency International | 89 (2010) | 1 – 180 |
| Freedom House: Freedom in the World | Status: Partly Free Political Rights: 5 Civil Liberties: 4 (2010) |
Free/Partly Free/Not Free 1 – 7 1 – 7 |
| Foreign Policy: Failed States Index | Rank: 87 (2010) | 177 – 1 |
Legal Snapshot
International and Regional Human Rights Agreements
| Key International Agreements | Ratification* | Year |
| International Covenant on Civil and Political Rights (ICCPR) | Yes | 1979 |
| Optional Protocol to ICCPR (ICCPR-OP1) | No | -- |
| International Covenant on Economic, Social, and Cultural Rights (ICESCR) | Yes | 1979 |
| Optional Protocol to ICESCR (OP-ICESCR) | No | -- |
| International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | Yes | 1970 |
| Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | Yes | 1993 |
| Optional Protocol to the Convention on the Elimination of Discrimination Against Women | No | -- |
| Convention on the Rights of the Child (CRC) | Yes | 1993 |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) | Yes | 1993 |
| Convention on the Rights of Persons with Disabilities (CRPD) | Yes | 2009 |
| Key Regional Agreements | Ratification* | Year |
| Arab Charter on Human Rights | No | -- |
| African Charter on Human and Peoples' Rights | Note: Morocco withdrew from the African Union in protest at the admission of the Sahrawi Arab Democratic Republic (Western Sahara). |
|
| African Charter on the Rights and Welfare of the Child | ||
| Treaty Establishing the African Economic Community | ||
| Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa | ||
| Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights | ||
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The first Moroccan Constitution was passed in 1962 after the country regained independence from France. The Constitution has undergone a number of revisions, most recently in July 2011 following the events of the “Arab Spring.” Article 12 of the July 2011 Constitution guarantees the right of civil society organizations and non-governmental organizations to operate in accordance with the Constitution and laws of Morocco.
National Laws and Regulations Affecting Sector
Relevant national legislation includes the following:
- Decree on the Right to Establish Associations (Decree 1-58-376 of 1958 as amended by Decree 1-733-283 of 1973 and Decree 1-02-206 of 2002)
- Decree on Public Benefit Status for Associations (Decree 2-04-0969 of 2004)
- Circular on the Requirements and Process of Awarding Public Benefit Status for Association
Pending NGO Legislative / Regulatory Initiatives
We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.
Legal Analysis
Organizational Forms
The Decree on the Right to Establish Associations (Decree 1-58-376 of 1958 as amended by Decree 1-733-283 of 1973 and Decree 1-02-206 of 2002) allows for the formation of an association out of any "agreement to achieve a constant cooperation between two or more persons using their information or activities for a non‐profit purpose."
Public Benefit Status
Although the Decree on the Right to Establish Associations, Decree on Public Benefit Status for Associations, and Ministerial Circular on the Requirements and Process of Awarding Public Benefit Status all set out a procedure by which associations can apply for public benefit status, no Moroccan law sets out clear conditions for what activities qualify as public benefit. A grant of public benefit status entitles the association to tax benefits and the ability to apply for government financial support. It is unclear, however, how many associations are recognized as public benefit status organizations.
Barriers to Entry
Morocco follows the Lebanese model of a “notification” rather than “registration” system. Obtaining legal personality is voluntary. Organizations which desire legal personality should file a notification with Headquarters of the Local Administrative Authority in which the organization's headquarters are located. The Administrative Authority is required to provide a dated receipt at the time of notification and is required to respond within 60 days. If no response is received, the association is considered a legal entity.
Although the law appears to give very limited discretion to government officials over an association's notification, Human Rights Watch has reported that “employees of the Ministry of Interior” may “refuse to receive an association's founding documents... or issue a receipt confirming the place and date of submission,” effectively depriving some organizations of the ability to attain legal entity status or apply for default registration under the 60-day automatic registration process.
Barriers to Operational Activity
Article 3 of Decree 1-58-376 of 1958 (as amended) prohibits the formation of associations that pursue objectives which are “illegal, contrary to good morals, [or which aim] to undermine the Islamic religion, the integrity of the national territory, or the monarchical regime, or call for discrimination.” Moroccan authorities regularly use this vaguely-worded provision to refuse to accept the notification announcement of Amazigh (native Berber) and Sahrawi (Western Saharan) organizations, including among others the Iz’uran Association, the Imal Association, and the Sahrawi Association of Victims of Grave Violations Committed by the Moroccan State.
Barriers to Speech / Advocacy
Decree 1-58-376 of 1958 (as amended) and the Criminal Code of Morocco prohibit membership in groups which are deemed seditious, violent, or in furtherance of terrorist activities. Punishment for participation in aiding terrorism is punishable by lengthy imprisonment and even death. Participation in an association which has the "features of special armed groups" or "may affect the unity of the national territory" is punishable by up to five years imprisonment. In June 2009, for example, the Casablanca Court of First Instance sentenced the Amazigh president of the Rif Human Rights Association to three years imprisonment for “insulting behavior towards State institutions” and the receipt of foreign funds to “undermine and discredit the Moroccan authorities’ efforts in the fight against drug trafficking.”
Barriers to International Contact
There are no legal barriers to international contact and communication.
Barriers to Resources
There are no legal barriers to the receipt of resources, whether from domestic or foreign sources.
Reports
| UN Universal Periodic Review Reports | Universal Periodic Review: Morocco (2008) |
| Reports of UN Special Rapporteurs | Morocco |
| USIG (United States International Grantmaking) Country Notes | Not available |
| U.S. State Department | 2009 Country Reports on Human Rights Practices: Morocco Advancing Freedom and Democracy Reports, 2010: Algeria |
| Failed States Index Reports | Not available |
| IMF Country Reports | Morocco and the IMF |
| International Commission of Jurists | Not available |
| International Center for Not-for-Profit Law Online Library | Morocco |
General News
EU-Morocco 'Action Plan' highlights involvement of civil society (May 2012)
A new comprehensive EU-Morocco Action Plan will provide an operational roadmap for their bilateral relations in the next five years (2012-2016). The new action plan will be fully in line with the political, economic and social reform agenda of Morocco and with the EU's renewed approach to the European Neighborhood Policy. Among other areas, the action plan contains important objectives for the consolidation of the respect of human rights and democratic principles, improved governance and a more active involvement of civil society.
Ten percent of Moroccan NGO’s benefit from 80% of public funding- Minister (April 2012)
According to the Moroccan daily Attajdid, the Minister in charge of relations with the parliament and civil society uncovered shocking findings about the funding of civil society associations in Morocco. The data collected revealed the existence of 70,000 active associations. Only 10% of these associations benefit from 80% of public funding that mounts up to 9 Milliard centimes. He added that 97% of these associations do not submit any document that evidences the financial transactions, such as receipt and vouchers.
Young Moroccans keep Arab Spring spirit alive (March 2012)
The youth-led February 20 Movement in Morocco has simmered down to a core group that includes many female activists. They are keeping an eye on constitutional reforms enacted last year that some say didn't go far enough. "We want real, radical change," says one.