Morocco's 2011 constitution implementation falls short, rights group reports

Morocco has made significant constitutional and institutional gains since adopting its 2011 constitution, but a "deep gap" persists between the constitutional text and actual practice, according to a new report. The Moroccan League for the Defense of Human Rights (ML হাইড্র) released its assessment after 15 years of the constitution's implementation, finding that while it marked a pivotal moment for rights and freedoms, particularly for opinion and expression, the follow-through has been lacking.

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deep gap between the constitutional text and actual practice

The report notes that legislative and institutional reforms have not kept pace with constitutional advancements. Several laws, including provisions within the Penal Code, contain vague clauses that allow for restrictions on freedom of expression. This has led to the prosecution of journalists, bloggers, human rights advocates, and activists for peacefully exercising their right to express themselves or share information on public matters.

Regarding the right to peaceful assembly and demonstration, guaranteed by Article 29, the report states that public authorities have frequently adopted an approach characterized by "prevention and repression." Protests are often restricted before or during their execution, citing reasons such as non-compliance with legal notification procedures or the need to protect public order. The report also points to the practice of "de facto" or "verbal" bans, which lack written administrative decisions and are thus difficult to challenge legally.

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vague clauses that allow for restrictions on freedom of expression

The assessment also addresses constitutional rights to health and education. Despite initiatives like the "universalization of social protection and basic health coverage," the health system continues to suffer from significant human resource shortages. Morocco has one of the lowest ratios of doctors to the population compared to similar developing countries, and the number of health workers falls below the World Health Organization's recommended minimum for effective coverage.

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prevention and repression

In education, the report highlights a continued decline in the quality of public schooling. National and international assessments reveal that a significant portion of students struggle with basic reading, math, and science skills. School dropout rates also remain high. The introduction of a regional recruitment system for educational staff, known as "contractualization," has been identified as a major source of tension within the education sector, creating professional and psychological instability for tens of thousands of educators.

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significant human resource shortages