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Preemptive Reform in Morocco
Published in AL HAYAT on 13 - 03 - 2011

In order not to waste a historic chance, the Moroccan Monarch, King Mohammad VI, picked up on the pulse of the street and passed constitutional amendments that are considered to be the most progressive ones since the adoption of the 1962 constitution. This is perhaps the first time where the Moroccans hear about the forming of the committee of the constitutional law scholars with the aim of studying the suggested amendments. The late King Hassan II used to revert to prominent French law experts for consultancy.
However, all the constitutional amendments that were made since the adoption of the political plurality system, which bans the dominance of a single party, had taken the political balances into consideration. These mainly include the depletion of the tools of dispute between the palace and the opposition, thus leading to the appointment of a prime minister belonging to an opposition party in 1998. The difference this time is that the constitutional system is working on forming advanced [concepts] in local democracy. This is either achieved through consolidating the side system, which grants the governorates wider jurisdictions in running local affairs in a way that resembles the establishment of miniature governments and parliaments; or through the consolidation of the option of power separation, leaning in the direction of good governance mechanisms, and granting the executive apparatus and its elected president, larger roles in enhancing the performance of the administration.
Ever since the announcement of the launching of the planning in order to establish a side system similarly to the European experiences in Spain, Italy, and Germany, all the while preserving the specificities [of Morocco], it became clear that there must be a flexible legal framework in order to implement this concept. Placing [this concept] in the context of a global constitutional amendment resulted in the establishment of a connection between the democratic choice and the developmental challenge. This is based on the fact that any institutional reforms always aspire to bring the economic and social development forward, at least on the level of decreasing the differences among the different sides and groups. This implies that the side system will constitute the basis of a democratic pyramid, with the parliament and the economic and social council being the two sides of that pyramid.
The reforms are conferred a vital dimension through the fact that they have come at the right time and under the slogan of listening to the pulse of the street, which is now calling for a new generation of reforms that would reflect positively on the living standards in the context of freedom and dignity. Meanwhile, the debate among the partisan circles had reached a maximal extent concerning the adoption of a new constitution that would take the societal developments into consideration and that would take advantage of the performance defects of the government, the Administration, and the legislative institution. But what is interesting is that the ongoing debate aspires to restore a consideration to political work, especially on the level of the appointment of a prime minister belonging to the party that wins the elections. Perhaps the basic outcome of such a development is that it will dismiss the idea of appointing a “maestro” of the executive apparatus who belongs to the technocratic elite in the context of the so-called “democratic methodology.” Placing the issue in the context of a constitutional preamble clearly restores consideration to the human factor. This is represented by the role of the parties, which has severely regressed in light of the outburst of civil society, and the globalization of the communication means. This choice is made even more important through focusing on freedom as the essence of democracy.
In the previously amended constitution, respect of the internationally accepted Human Rights was warranted. This came concomitantly with a phase of openness that resulted in closing detention centers and bringing back the exiled and the opponents. However, in the framework of the expected constitutional system, these rights will supposedly transcend the political framework towards the implementation of transparency as well as economic and social rights. The acknowledgment of the Amazighs as one of the constituents of the Moroccan identity on the constitutional level will undoubtedly confer more global dimensions to the concept of plurality.
Beyond the characteristics of the democratic transfer that gradually confronts the difficulties and constraints, the Moroccan experience can be an exceptional one; if not relatively to the countries with the major historic background, then in relation to the transfer of the political debate on the reforms dossier from the street to within the institutions where any side will be able to present its positions, criticism, and aspirations. This development might be partially due to that the expected reforms did not stem from a void. Indeed, there has been the experience of political rotation, and the family blog and the detours of human development, in addition to tackling the major violations of Human Rights with the aim of fixing the harm and putting an end to the negative practices. All this does not negate the fact that Morocco has been affected by the Arab uprisings, as it is difficult to make exceptions there.
The concept of reform should be preemptive and shielded by a realistic, rational, and futuristic look, rather than be imposed by any internal or external influence.


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