BACKGROUND ON CONSTITUTIONAL REFORM IN MOROCCO
Before the start of the demonstrations throughout the Arab countries and the birth of the February 20th Movement, Morocco, which is in a state of constant democratic transition, had already launched a certain number of initiatives—the Moudawana (Moroccan Family Law), the IER (a truth and reconciliation commission), the compensation of victims of governmental abuse, the release of detainees and the return of exiles, the Diwane al Madalim (national ombudsman), the INDH (National Human Development Initiative), a foundation in solidarity with the poor and with detainees, a strengthening of social dialogue, the launch of a social housing scheme, etc.—which aimed at consolidating its democratic and instructional structure on the one hand, and at jump-starting social reform on the other.
Since then, new initiatives have been launched. They are 1) reform of the courts (2009), 2) a movement against corruption, 3) the council on competitiveness, and finally, 4) decentralization (2010). Moreover, an important initiative was begun in support of the middle class.
The February 20th Movement, which came into being thanks to social networks (Facebook primarily), rode the wave of the Arab Spring by means of demonstrations in all the principal cities of Morocco—on the famous 20th of February—complete with political, economic, and social demands similar to those expressed by the youth of other Arab countries.
February 20th: Happy Hour
Times change, and the Arab Spring’s demands are: dignity, the right to work, equal justice, protection from abuse, good governance…for several months, we have heard little else.
February 20th Movement: the Awakening
The credit for this awakening, for the expression of these frequently legitimate demands, is due, in all intellectual honesty, to the February 20th Movement. But since February 20th, the rise of a voice that has been as collective as it has been heterogeneous, has become a cacophony.
Born from a noble ideal, that of a better Morocco, the February 20th Movement has not only put forth mere social demands, but has proposed changes that would affect the very institutional architecture of the country. Seen from this perspective, whether they wish it or not, they become political actors, and as such must clarify their political demands, detail their ideas as well as their structure, decide who is and who is not part of their movement. What does the February 20th Movement propose regarding constitutional reform and democracy? At this point, we have heard nothing! What men and women belong to this movement? Today, anyone could join, including the most extremist. Intoxicated by its swelling ranks, the February 20th Movement has not let go, but has kept the pressure on. It thinks the “voice of the street” is more important and more helpful than the “political voice.”
The slogans of the Arab Spring:
Poverty, unemployment, illiteracy, corruption, arbitrary rule, gender discrimination, repression, emigration, cultural regression, fundamentalism, economic and political dependency, muzzling of the press, arbitrary detention, torture, liquidation of opponents…
The crowds demand their inalienable right to full citizenship, to dignity, freedom, equality, justice and democracy.
This is why, amid the surge of the Arab Spring, in Morocco this February 20th Movement was born, started by peaceful and uncoerced youth who were determined to win their rights. This movement quickly rallied around it the forces of progress: the youth, civil society, leftist parties, human rights organizations, women’s movements, businesspeople, party youth wings, but also islamists—all behind the movement and its demands. An alert, vigorous, compact and determined body is on the march. And it is determined not to be co-opted by the political parties, by the islamists, or by the other groups that have joined its ranks.
February 20th Movement: Its slogans and demands
Let those who think that the claims of the February 20th Movement are not openly defined, nor consistent, be disabused: they have not changed since day one. A democratic constitution born of the people’s will, the dissolution of the government and of parliament and the formation of a transitional government, an independent judiciary, the trial of those guilty of corruption, abuse of power and embezzlement of public property, the recognition of Amazigh as an official language, and the release of political detainees, are points on which the February 20th Movement will not yield.
February 20th Movement: The Organization
On a Kingdom-wide level, the organizing committees of the February 20th Movement, composed of fifty people per city, agree on a list of slogans to chant and on how best to organize the marches. Thus, the demonstrations and rallies of February 20th, renewed every Sunday since, have not been in vain. These marches paved the way for the revision of the constitution and for the acceleration of certain institutional projects, as they have also contributed to the implementation of a new electoral calendar. They opened up debate and reflection regarding earlier demands made by old parties, which made no headway, for a system of parliamentary monarchy instead of a constitutional monarchy.
February 20th Movement: The Criticisms
No representative structure clearly defined on a national level, which contributes to the uncertainty surrounding the movement.
The February 20th Movement’s response to this criticism is that it wants to keep its independence and to remain spontaneous. The February 20th Movement does not believe itself to have been co-opted by any party, movement, or organization.
This or that commission—it’s been a good while since the Movement paid them any mind. Its problems are everyday, basic, and structural.
The February 20th Movement is unstructured and wishes to retain its independence as well as its local and regional committees, even if some believe it has to be organized on the basis of Tanssikiyates, and others prefer to set themselves up as observers of a democratic transition.
The February 20th Movement wants to remain independent of parties, associations, organizations or circles of influence, but is in fact deeply co-opted by other forces such as Al Nahj Al Democrati, Al Adl Wal Ihssane, and certain human rights groups.
The February 20th Movement is not cooperative. It refused to participate in the commission to revise the constitution, even though some movements of young people drawn from its ranks have participated in the commission.
The February 20th Movement has slogans and demands but no content either institutional or legislative, nor a political platform with a program. It is a heterogeneous movement riven by currents of thought diametrically opposed to one other. Its slogans and claims boil down to two themes:
1. Marches and Rallies
Throughout their marches, the demonstrators chant slogans calling for a democratic constitution that guarantees the separation of powers and the strengthening of rights and freedoms, and which allows for dignity and social justice.
During the marches, which are attended by politicians, human rights activists, and representatives of unions and civil society, participants wave banners calling for a war against corruption and the rent economy.
The demonstrators also call for the reform of the justice system and of the state media, in order to respond to the aspirations of all the social, cultural and intellectual strata of the Moroccan people.
They also call for improved living conditions of the poorest classes through the establishment of a social policy in regards to education, health and housing, in addition to an increase in income.
“We are demonstrating to demand a real democracy, where the king reigns but does not govern, and to put an end to social injustice.”
“We want a real democracy. We are citizens, not subjects.”
“We are marching to demand political changes in Morocco and a limitation of the powers of the king.
2. The statements of some members after the March 9th speech, where King Mohammed VI announced major constitutional reforms, notably providing for the principle of the separation of powers and a strengthening of the powers of the prime minister.
A. The February 20th Movement demands reforms in the name of social justice, freedom and equality. It is thus foolish not to be in solidarity with the triumph of dignity, to not be outraged by all forms of oppression and alienation, just as it is indecent to glorify oppressors, to exalt the feudalism that fosters bribes and corruption, maintains social injustices and inequalities, and incites embezzlement and fraud, muzzles our freedoms, smothers our democratic impulses, and acts as an absolute master in this Morocco that belongs to us, not the predators. Until further notice, this movement, they say, is not against the king, but against the injustices and excesses of his totalitarian and archaic system which resists any egalitarian advance. Those who disavow this movement nourish vague latent tendencies towards slavery or clear penchants for servitude.
B. We support his reform to the extent that it corresponds to the values we believe in: elevation of the citizen, equal opportunity, effective education of children, equitable distribution of wealth, independent judiciary, separation of religious and political authority, accountability of everyone and at every level, compliance with laws and rights…
C. We will no longer be satisfied by these symbolic gestures that the authorities are willing to grant us from time to time as crumbs are thrown to pigeons. We refuse henceforth to put up with a little bit of freedom, with democracy in small doses, with a haze of Amazigh identity, with a tidying up of the Constitution or a mini-reform of the courts and the education system…Democracy is or it is not. It admits of no half-measure.
D. The street has spoken, its condemnation of the abhorrent practices of the Makhzen is final. No to what disturbs our conscience and perverts our daily lives. No to cronyism, to clanism, to economic neglect, to impunity, to the squandering of public funds, to corruption, to injustice, to poverty, to Hogra and contempt for ordinary people…
E. There are no answers in the speech to popular demands: the economic greed of the court, the insolent racketeering of his inner circle, his political partisanship, the impunity of the untouchables…Nothing either about the fight against corruption, social balance, the redistribution of wealth, the independence of a justice system diseased by its subjection, the law about parties, the press, the very rich…
F. I did not say that nothing has been done. The movement has already extracted certain things. The reform promised by the king is already a given. We do not deny it. But still we must not rest on our laurels. The pressure must continue and we must remain vigilant because the Makhzen has taught us, by its history, not to take it too seriously. How many times have we had promises of democratization, of reconciliation, but nothing has been done. And this makes me skeptical about the process of change which has begun today. Institutions have never done anything so far, so change cannot be achieved from within the system.
The February 20 Movement has always been clear in its demands. We do not question the institution of the monarchy. But we believe its role should evolve towards a model of parliamentary monarchy where the king reigns but does not govern. Obviously, we need to abolish items 19, 23 and 29 of the Constitution, which deal with commandment of the faithful, with sacredness, and with royal Dahirs (decrees). Their spirit does not correspond to the logic of democracy. I’d like to live in a Morocco where one has the right to be republican, islamist, Marxist…and to get on TV to express one’s opinions. My dream is a parliamentary monarchy, like what exists in other countries, which are models of democracy. And I’m comfortable in my claim. The monarchy is not incompatible with democracy.
The responses to the demands:
The most important is that the message was heard and that the answers were historical in their vision of change and in their perspective which was open to the consolidation of the democratic process.
The start came with the establishment of the Economic and Social Council, which existed in the current constitution but had never seen the light of day. But the biggest democratic step was the speech of March 9th. Since that historic speech, recent initiatives have been launched:
– the establishment of the Commission on the Revision of the Constitution,
– the establishment of the National Council on Human Rights (CNDH),
– the establishment of the institution of Ombudsman,
– the establishment of the interministerial delegate for Human Rights,
– the strengthening of the powers of the body charged with the fight against corruption (ICPC) and those of the council on competition.
The documents that were put out concern these several topics. They are referenced in the subject lines of emails by:
1. CES Economic and Social Council,
2. CCR Commission on Decentralization
3. Constitutional Referendum Constitutional Revision Commission,
4. February 20th Movement,
5. Social Dialogue,
6. INDH National Human Development Initiative
It is clear that the Constitution, which is the fundamental law, will take into account by institutionalizing them, the themes mentioned above. Other topics will flow naturally from this work, such as the organization of the referendum, the electoral laws for legislative and regional elections, the organization of the two chambers and their prerogatives, the role of different powers (Temporal, Judicial, Legislative, Executive ) and their separation/independence, along with their scope of action, etc….
The February 20th Movement: the new approach and the new structure
Since late May, and the confrontation of certain actors within the movement with the State and with certain categories of citizens and businessmen, a meeting took place on June 4 which answered certain criticisms and accusations made against the February 20th Movement, and to which the movement was eager to respond.
I. Demands by the youth—the movement creates order in its ranks:
At the first national advisory meeting of the February 20th Movement, the youth agreed, among other things, on establishing a platform for unified national demands, as well as on a focus on a parliamentary monarchy as the threshold and ceiling of their political demands. Members of the February 20th Movement organized the first national advisory meeting of the movement on Saturday, June 4th, in Rabat at the Lawyers Club. And fifty representatives of the movement from various regions of the Kingdom (Fez, Tetouan, Ouarzazate, Marrakech, Oujda, Benslimane, Essaouira, Casablanca…) were present. “Organized by independent youth, this advisory meeting had as its goal to dot the “i’s” with respect to the demands of the movement, and its restructuring in order to return to fundamentals,” said Said Benjebli, one of the initiators of this meeting and creator of the Facebook page of the movement, which today counts around 60,000 members. Thus, the establishment of a platform of unified national demands, based on a consensus of the movement’s activists, and focusing on a parliamentary monarchy as the threshold and ceiling of their political demands, and on the use of legal means to fight against corruption while avoiding defamatory public accusations, were among the key recommendations made by the meeting’s participants. According to Abdellah Ait Brahim, a member of the February 20th Movement from the Ouarzazate branch, this meeting aimed to clarify the vision of the movement and to coordinate its action at the national level. “We came to insist that the demands of the movement must originate in the street, from the people, and not be dictated by any affiliation with a particular ideology or policy, notably that of Al Adl Wal Ihssane, of ‘the democratic path,’ or of the leftists,” emphasized Mr. Brahim Ait. For his part, Abderrahim Benftouh, a citizen who came from Fez, “February 20th has become a cake around which everyone is squabbling, whereas this movement belongs above all to the people.” He added that “meetings of this kind can only be beneficial to the movement.” Same story for Hicham Assila, from the Ait Ourir Haouz branch, along with some nuance. “We should already start thinking about a second edition of this meeting to achieve the anticipated objectives, because the movement is in great need of unification,” he says. He added: “It would have been preferable that such a meeting be well prepared, especially with regard to its timing.” According to him, “it should also have been organized jointly by several local chapters of the movement and not through individual initiatives. That’s so there be no bad faith as to the intent of the meeting.” Younes Raoui, a movement activist in Casablanca and Essaouira, felt that “the purpose of this meeting, to unify the ranks of the movement, deserves support and encouragement.” However, he says, an absence of representatives of the local branches of the movement was noticed at the meeting. When contacted, Youssef Mezzi, an influential member of the February 20th Movement’s Casablanca branch and a member of the association Attac, said he received an invitation for the meeting, but explained the absence of an official representative of Casablanca by the fact that “the march on Sunday, June 5th needed to be prepared for.”
II. Recommendations of the 1st National Advisory Meeting
Held on June 4th in Rabat, the advisory meeting of members of the February 20th Movement was crowned by the publication of a statement containing a series of recommendations. Therein the meeting’s participants called for the movement to ensure that they keep to broad demands, and not deviate in favor of the ideologies of minority parties. They are also admonished to subject themselves to the majority sentiments of the Moroccan population in the writing of slogans and demands, to wave the national flag at each of the demonstrations, marches and activities of the movement, as well as to open a public debate to explain the movement’s demands and to communicate with citizens to find new ways to protest, in addition to the demonstrations. The creation of a national coordinating committee, the emphasis on the independence of the movement, and the establishment of distance from the parties that support it, are also among the recommendations stemming from the meeting.
Summary of the Proposals of the Political Parties:
I. Monarchy
The monarchical system is universally accepted. The parties call for the establishment of a parliamentary monarchy and advocate the end of sacredness. They demand coordination with the executive and/or the legislative branches before a speech to the nation, a Dahir or decree (regarding high office, a declaration of war, a state of emergency, etc.), or the pardon of prisoners.
II. Al Mouminine Imarat (Temporal)
Agreement on maintaining this status, but the role should be confined to the supervision and organization of the religious domain. There is a rejection of secularism.
III. Government (Executive)
The parties have followed the general outline of the speech. They defined the role of the executive as head of the entire administration including the appointment of walis and governors, in a coordinated manner, and set the functions of the council of government, the subjects for discussion in the cabinet, and their frequency.
IV. Parliament (Legislative)
The parties agree to assign to the chamber of representatives the maximum powers under the parliamentary monarchy. They wished to review the powers of the chamber of advisors in order to ensure territorial representativeness, regional as well as RME.
V. Justice (Judiciary)
The proposals, which insisted on the independence of the judiciary, were very detailed and reasoned. The parties have focused on proposals for the IER. They concern the independence and composition of the Supreme Council of Magistracy, which remains under royal authority, but in which the minister of justice no longer sits, a member of the executive. The parties want to give form to the High Court of Justice. They support those judges who want to form associations to defend their moral and material interests. They want to see the judiciary play a greater role in supervising elections and not only in the counting of the results.
VI. Various proposals
Amazigh language (national or official), application of Human Rights (supremacy of international treaties and conventions relative to national rights), Sahara (national features and regional autonomy), women (equal rights and duties, quota of women in deliberative bodies, above all in the new regional bodies).
