CONSTITUTIONAL REFORM IN MOROCCO: IS IT ON THE

C O N F I D E N T I A L RABAT 000918

SIPDIS

SIPDIS

STATE FOR NEA/MAG, NEA/PI, DRL

E.O. 12958: DECL: 04/25/2011
TAGS: PGOV PHUM PINR MO
SUBJECT: CONSTITUTIONAL REFORM IN MOROCCO: IS IT ON THE
WAY?

REF: A. 05 RABAT 01406

B. RABAT 00024

C. RABAT 00398

D. RABAT 00399

E. RABAT 00522

F. RABAT 00539

G. RABAT 00676

H. RABAT 00722

Classified By: Political Officer Cherie J. Lenzen, reasons 1.4 (b) and
(d)


1. (C) Summary: Constitutional reform is regularly brought
up by contacts and is occasionally a topic in the press.
Reform, however, does not mean the entire constitution but
rather portions of it which directly relate to the interest
or interests of a particular group. Whereas Moroccans
describe their form of government as a "constitutional
monarchy," it is in fact a "monarchy with a constitution."
The King has ultimate power and authority, which is
guaranteed in the constitution. Even though government
functions are separated into three branches, the executive,
legislative and judicial, the King makes decisions and has
the power to dissolve the government. There are voices,
however, calling for constitutional reform. Some of these
voices are from nongovernmental organizations (NGOs) and
others, such as the Amazigh (Berber),are from loose
confederations of like-minded individuals. At the same time
that these voices are being heard, there is the King's. He
seems to be intentionally supporting issues, as for example
the new "Nationality Code," on which there will likely be
debates leading to constitutional changes as well as changes
in the social fabric. The atmosphere that seems to be
consciously being created by the King (palace) is one where
all of the voices can be heard without altering the
importance of the monarchy, its relationship to Islam and the
historical, and constitutionally confirmed, relationship
between the monarchy and Islam. End Summary.

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Steps Toward Change?
--------------


2. (SBU) Over the last year, there have been occasional
press reports concerning constitutional changes or
amendments. These reports have ranged from in-depth
discussions in TelQuel (April 2005),an independent weekly
French-language publication, to infrequent hints in the
official press, MAP. On January 5, a MAP report suggested
that constitutional "adjustments" might be necessary if the
democratic changes achieved to date are to be "consolidated."
In addition, the King's acceptance of the Equity and
Reconciliation (IER) final report, including its
recommendations, some of which pertain to the independence
and transparency of the judiciary, indicate that change is
being considered (reftel B).


3. (SBU) The Moroccan Association of Human Rights (AMDH) is
the most outspoken of the Moroccan NGOs; it continuously
demands in press releases that the Ministry of Justice (MOJ)
be investigated for cases of alleged torture by the various
branches of police and for prison conditions. While these
statements refer primarily to abuses in the implementation of
law, they are also directed at upholding what is in the
constitution, e.g., Chapter One, Articles 1 through 18.


4. (C) Calls for freedom of the press and expression, which
again is guaranteed in the constitution, emanate primarily
from two sources. First, NGOs, such as AMDH and the newly
formed and MEPI-funded Adala, the only Moroccan NGO focusing
on judicial reform, argue that excessive fines have been
levied against Le Journal, an independent French-language
weekly, and TelQuel, and that the Press Code needs to be
changed, as the definition of libel is loosely interpreted
(reftel C). (Comment: The fines levied against the two
French-language weeklies are exorbitant and may cause Le
Journal to close. Fines against Arabic newspapers are
generally less. Some journalists argue that the definition
of libel is defined to support the monarchy and those
individuals close to the monarchy, that is, that there is no
real definition. Note that without a well-defined code,
which is uniformly implemented, the judiciary, which is
essentially under the executive branch (the King) cannot act
independently. This point was recently made by Adala,

reftels C, E). Second, Nadia Yassine, whose father is the
leader of the Justice and Charity Organization (JCO),has
said that Morocco does not need the monarchy, rather it
should be a republic (reftel A).


5. (C) Judicial reform is openly discussed by groups of
"reformers" and in the press. The Ministry of Justice (MOJ)
is taking judicial police abuses seriously, as evidenced by
press reports of investigations into these abuses and the
detention of those who allegedly committed them. The MOJ is
also reviewing its procedures and updating the Penal Code.
(Note: A meeting will take place the week of April 23 in
Marrakesh to which members of the American Bar Association
(ABA) have been invited, signaling the positive role this US
nongovernmental organization (NGO) is playing. End Note.)
At the same time, however, criticism of the judicial system
is frequent. The NGO Adala is outspoken about corruption and
the lack of transparency (reftel D). Its president,
Abdelaziz Nouyadi, has said that there cannot be a
transparent, democratic, and independent judicial system when
the King presides over the judicial branch of government
(TelQuel, April 2005). Chapter Seven, Articles 82 through
87, of the constitution set forth the understanding of the
judiciary. In Article 82, it is to be "independent from the
legislative and executive branches," but, Article 86
clarifies that the King presides over the Supreme Council of
the Magistry.


6. (C) All media outlets have reported the evolving nature
of the Conseil Royal Consultatif pour les Affaires
Sahariennes (Royal Consultative Council for Sahrawi Affairs,
CORCAS, reftels F, H). While this consultative process is
directed at resolving the Western Sahara issue, it raises the
possibility of other regions gaining autonomy. The mood is
akin to -- "if the Sahrawis can have autonomy, so can we" --
for the Amazigh (Berber) population (reftel G). At first
glance, autonomy issues may not immediately be constitutional
issues; yet, in reality they are. The constitution impresses
upon Moroccans the understanding of one African nation which
is ruled by the monarchy. The citizens speak Arabic as their
official language and Islam is the state religion. Amazighs
pushing for autonomy want recognition of their language as an
official Moroccan language, and, a separate identity for the
Amazigh, not an Arab identity.


7. (C) Integral to the atmosphere of reform in the country
is the newly proposed "Nationality Code," which will allow
children of Moroccan women married to non-Moroccans to be
citizens. This new law would only apply to children born in
Morocco. If a child is declared a "bastard," the child can
become a citizen under the present law. If passed by
parliament, the rights contained in Articles 8 and 9 of the
constitution will be extended to those who were previously
thought of as "non-Moroccans." (Note: Articles 8 and 9
provide for gender equity, the right to vote, freedom of
movement, opinion, and association. Article 9 does, however,
state that law can limit these freedoms. End Note.) As
Islam is the state religion and is patrilineal, not
matrilineal, parliamentary debate on the code during this
spring session will likely lead to religious discussions.
The constitution does not allow for the understanding of
Islam as the state religion to be altered, but to accept
children through the matrilineal line is against Islam. With
Islam and the state being linked, the Nationality Code
questions the religion and by extension the state.

--------------
Constitutional History
--------------


8. (U) The first constitution was adopted in 1962;
revisions occurred in 1970, 1972, 1980, 1992, and 1996. The
1992 constitutional changes created a "constitutional
council" and parliamentary investigative committees, and the
legal age for a citizen was reduced from 21 to 20.


9. (U) The "constitutional council" consists of twelve
members. Six are appointed by the King for nine years; their
tenure cannot be renewed. The six other members are
appointed from the two houses of parliament, three from each
house. One of these members is changed every three years.
The chair of the council is chosen by the King from one of
the six members he appoints. The council's primary role is
to validate parliamentary elections and any referendums that

might occur. Before any procedural parliamentary laws go
into effect they must be approved by the council. The King,
the prime minister and the presidents of the two houses of
parliament may refer any law to the council before it is put
into effect. The council's decisions are final and binding
on all involved parts of the government.


10. (C) The 1996 changes created the bicameral
legislature; however, the power rests with the King,
including oversight of the judiciary. While the principles of
the constitution assert in Chapter One that Morocco is
democratic and that sovereignty is with the people, it also
asserts in Chapter Two the rights of the monarchy. Articles
19 through 35 of the constitution detail the supremacy of the
King and the monarchy.

--The King is the defender of the faith; he guarantees
Moroccan independence and "territorial integrity."

--The monarchy is hereditary from father to son (Note: If
there are no sons, the "throne" is "invested in the closest
male in the collateral consanguinity." End Note.).

--The King's person is considered "sacred and inviolable";

--The King appoints the prime minister; and, he appoints (and
can dismiss) the cabinet; he presides over cabinet meetings.

--The King can "terminate" the government; dissolve
parliament; and, address parliament without debate.

--The King issues Royal Decrees.

--The King is the commander-in-chief of the armed forces;
and, he makes civil and military appointments.

--The King accredits ambassadors to other countries and
international organization; he signs and ratifies treaties.

--The King presides over the Supreme Councils of the
Magistracy, Education and National Reconstruction and
Planning.


11. (U) Chapter Twelve of the constitution is "revising the
constitution." This chapter states:

--The King, the HouQof Representatives (the lower house of
parliament) and the House of Counselors (the upper house of
parliament) shall have the right to initiate a revision of
the Constitution. The King shall have the right to submit,
directly for referendum, the revision project he may
initiate. (Article 103)

--A proposal for revision submitted by one or more members of
one of the two Houses shall be adopted only if voted on by a
two-third majority of the members of the House concerned.
The proposal shall be submitted to the other House which may
adopt it be a two-third majority of its members. (Article
104)

--Revision projects and proposal shall be submitted to the
nation for referendum by Royal Decree. A revision of the
Constitution shall be definitive after approval by
referendum. (Article 105)

--Neither the State system of monarchy nor the prescriptions
related to the religion of Islam may be subject to a
constitutional revision. (Article 106)

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Comment
--------------


12. (C) The connection between the state and the religion,
Islam, was made from the inception of the Alaouite dynasty,
which has ruled the area of Morocco since 1666. The
Alaouites are descendants of the prophet Mohammed and claim
special status within Islam. The constitution recognizes the
King as "the commander of the faithful." For Islam, the
Koran is the most sacred document, and, the only one to which
allegiance is owed. Since the King is the representative of
the religion, the state and religion have been merged
effectively. This understanding, however, may mean, at least
for some Muslims, that the constitution is insignificant.

Further, changing the nationality code may call into question
the special relationship between the Moroccan monarchy and
religion: the monarchy is the representation of god on
earth. Constitutional reform relating to the monarchy and to
Islam is not possible, according to Article 106. A new
nationality code will present religious as well as
state-related conflicts for some members of the society.


13. (C) The human rights NGOs do not have an "umbrella"
organization which might make a concerted, focused effort
towards constitutional change possible. Civil society
actors, although they work towards their own individual
goals, do not appear to have a unified stance. In
discussions, reformers will point out that constitutional
reform is necessary, but only infrequently take a bold
stance, as for example Nouyadi's, which advocates a
separation of powers between the three branches of the
government. In addition, the Amazigh, recognize that Arabic
is the language of Islam. Their arguments are for
constitutional recognition of the ethnic diversity of the
country, not for the elimination of Arabic as that could lead
to being interpreted as a negative stance about Islam.


14. (C) The IER's final report recommends judicial reforms
(reftel A) which would enable the separation of powers
between the executive (King) and judiciary. These
recommendations were fully accepted by the King when the
IER's final report was submitted. The Consultative Council
on Human Rights (CCDH) has the mandate to implement the
recommendations. What is significant is that a former
political prisoner, Driss Benzekri, headed the IER and is now
the president of the CCDH. His personal history helps to
validate the IER's final report as well as assuring the
population that the CCDH will implement the suggested
changes. Benzekri's appointments to both organizations can
be viewed as strategic moves by the King and his advisors.


15. (C) The King, those who advise him, and those who wish
to implement reforms are walking a fine line. On the one
hand, reforms which may precipitate constitutional change are
being advocated by the King; on the other hand, NGOs and
others are advocating for the constitutional recognition of
the diversity in the Moroccan population, or for increased
powers of the prime minister. It would appear that a gradual
process leading to constitutional change is underway, but
that there is an attempt to make this process walk
hand-in-hand with changing society's perceptions. Voices of
dissent are allowed, if not encouraged, as long as the
monarchy, religion and territorial integrity are not
questioned or libeled. This will be an area worth keeping an
eye on in the future.


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Riley