Constitution

Morocco 2011 Constitution

Table of Contents

Title One. General Provisions

Article One

Morocco is a constitutional, democratic, parliamentary and social Monarchy.

The constitutional regime of the Kingdom is founded on the separation, the balance and the collaboration of the powers, as well as on participative democracy of [the] citizen, and the principles of good governance and of the correlation between the responsibility for and the rendering of accounts.

The Nation relies for its collective life on the federative constants [constantes federatrices], on the occurrence of moderate Muslim religion, [on] the national unity of its multiple components [affluents], [on] the constitutional monarchy and [on] democratic choice.

The territorial organization of the Kingdom is decentralized. It is founded on an advanced regionalization.

Article 2

Sovereignty belongs to the Nation which exercises it directly, by way [voie] of referendum, and indirectly, by the intermediary of its representatives.

The Nation chooses its representatives from among the institutions elected by way of free, honest [sinceres] and regular suffrage.

Article 3

Islam is the religion of the State, which guarantees to all the free exercise of beliefs [cultes].

Article 4

The emblem of the State is the red flag stamped in its center with a green star of five points [branches].

The motto of the Kingdom is Dieu, La Patrie, Le Roi [God, the Country, the King].

Article 5

Arabic is [demeure] the official language of the State.

The State works for the protection and for the development of the Arabic language, as well as the promotion of its use.

Likewise, Tamazight [Berber/amazighe] constitutes an official language of the State, being common patrimony of all Moroccans without exception.

An organic law defines the process of implementation of the official character of this language, as well as the modalities of its integration into teaching and into the priority domains of public life, so that it may be permitted in time to fulfill its function as an official language.

The State works for the preservation of Hassani, as an integral component of the Moroccan cultural unity, as well as the protection of the speakers [of it] and of the practical cultural expression of Morocco. Likewise, it sees to the coherence of linguistic policy and national culture and to the learning and mastery of the foreign languages of greatest use in the world, as tools of communication, of integration and of interaction [by which] society [may] know, and to be open to different cultures and to contemporary civilizations.

A National Council of Languages and of Moroccan Culture [Conseil national des langues et de la culture marocaine] is created, charged with[,] notably[,] the protection and the development of the Arabic and Tamazight languages and of the diverse Moroccan cultural expressions, which constitute one authentic patrimony and one source of contemporary inspiration. It brings together the institutions concerned in these domains. An organic law determines its attributions, composition and the modalities of [its] functioning.

Article 6

The law is the supreme expression of the will of the Nation. All, physical or moral persons, and including the public powers, are equal before it and held to submit themselves to it.

The public powers work for the creation of the conditions permitting the effectiveness of liberty and of the equality of citizens [feminine] and citizens [masculine] to be made general [generaliser], as well as their participation in political, economic, cultural and social life.

The principles of constitutionality, of the hierarchy and of the obligation of publication of juridical norms[,] are affirmed.

The law may not have retroactive effect.

Article 7

The political parties work for the structuring [encadrement] and for the political instruction [formation] of the citizens [feminine] and citizens [masculine], for the promotion of their participation in the national life and the management of public affairs. They concur in the expression of the will of the electors and participate in the exercise of power, on the basis of pluralism and of alternation by democratic methods, within the framework of the constitutional institutions.

Their constitution and the exercise of their activities are free, within respect for the Constitution and for the law.

The regime of [a] sole party is illegal.

The political parties may not be founded on a religious, linguistic, ethnic or regional basis, or, in a general manner, on any discriminatory basis or [basis] contrary to the Rights of Man.

They may not have for [an] objective [but], infringement to the Muslim religion, to the monarchical regime, to the constitutional principles, to the democratic foundations or to the national unity and territorial integrity of the Kingdom.

The organization and functioning of the political parties must conform to democratic principles.

An organic law determines, within the framework of the principles enounced in this Article, the regulations concerning[,] notably[,] the constitution and activities of the political parties, of the criteria of concession of financial support of the State, as well as the modalities of control of their financing.

Article 8

The union organizations of wage-earners, the professional associations [chambers] and the professional organizations of employers contribute to the defense of and to the promotion of[,] the socio-economic rights and interests of the categories which they represent. Their constitution and the exercise of their activities, within respect for the Constitution and for the law, are free.

The structures and functioning of these organizations must conform to democratic principles.

The public powers work for the promotion of collective negotiation and to the encouragement of the conclusion of collective labor agreements [conventions] within the conditions provided for by the law.

The law determines[,] notably[,] the regulations relative to the constitution of the union organizations, to the activities and to the criteria of concession of financial support of the State, as well as the modalities of control of their financing.

Article 9

The political parties and the union organizations may not be dissolved or suspended by the public powers except by virtue of a decision of justice.

Article 10

The Constitution guarantees to the parliamentary opposition a status conferring on it the rights that will permit it to appropriately accomplish the missions that accrue to it in the parliamentary work and political life.

It guarantees, notably, to the opposition the following rights:

  • the freedom of opinion, of expression, and of assembly;
    air time [temps d’antenne] at the level of the official media, proportional to its representation;

    the benefit of public finance, conforming to the provisions of the law;

    the effective participation in the legislative procedure, notably by inclusion [inscription] of proposals of law in the agenda of both Chambers of the Parliament;

    the effective participation in the control of the governmental work, notably by way of [a travers] the motions of censure and the interpellation of the Government, [and] the oral questions addressed to the Government and the parliamentary commissions of inquiry;

    the contribution to the proposing of candidates and to the election of members of the Constitutional Court;

    an appropriate representation in the internal activities of both Chambers of the Parliament;

    the presidency of the commission in charge of the legislation in the Chamber of Representatives;

    disposal of means appropriate to assume its institutional functions;

    the active participation in parliamentary diplomacy with a view to the defense of just causes of the Nation and of its vital interests;

    the contribution to the structuring and the representation of the citizens [feminine] and citizens [masculine] in the work of the political parties which it forms and this, in accordance with the provisions of Article 7 of this Constitution;

    the exercise of power in the local, regional and national plans, by way of democratic alternation, and within the framework of the provisions of this Constitution.

The groups of the opposition are held to provide [apporter] an active and constructive contribution to the parliamentary work.

The modalities of exercise, by the groups of the opposition, of the rights provided for above[,] are established, as is the case, by the organic laws, by the laws or additionally, by the internal regulations of each Chamber of the Parliament.

Article 11

Free, honest and transparent elections constitute the foundation of the legitimacy of democratic representation.

The public powers are held to observe strict neutrality vis-à-vis the candidates and the non-discrimination between them.

The law defines the rules guaranteeing equitable access to the public media and the full exercise of the freedoms and of the fundamental rights linked to the electoral campaigns and to the operations of the vote. The authorities in charge of the organization of the elections see to the application of these rules.

The law defines the conditions and the modalities of independent observation and neutrality of the elections in accordance with the recognized international norms.

Any person who infringes the provisions and rules of probity, of honesty and of transparency of the elections is punished by the law.

The public powers implement the measures necessary for the promotion and the participation of the citizens [feminine] and citizens [masculine] in the elections.

Article 12

The associations of civil society and the non-governmental organizations are constituted and exercise their activities in all freedom, within respect for the Constitution and for the law.

They may not be dissolved or suspended, by the public powers, except by virtue of a decision of justice.

The associations interested in public matters and the non-governmental organizations, contribute, within the framework of participative democracy, in the enactment, the implementation and the evaluation of the decisions and the initiatives [projets] of the elected institutions and of the public powers. These institutions and powers must organize this contribution in accordance with the conditions and modalities established by the law.

The organization and functioning of the associations and the non-governmental organizations must conform to democratic principles.

Article 13

The public powers work to the creation of instances of dialog [concertation], with a view to associate the different social actors with the enactment, the implementation, the execution and the evaluation of the public policies.

Article 14

The citizens [feminine] and citizens [masculine] have [disposent], within the conditions and following the modalities established by an organic law, the right to present motions in legislative matters.

Article 15

The citizens [feminine] and citizens [masculine] have [disposent] the right to present petitions to the public powers.

An organic law determines the conditions and the modalities of the exercise of this right.

Article 16

The Kingdom of Morocco works for the protection of the rights and legitimate interests of the Moroccan citizens [feminine] and citizens [masculine] resident abroad, within respect for international law and for the laws in force in the host countries. It is committed to the maintenance and to the development of their human ties, notably cultural, with the Kingdom, and the preservation of their national identity.

It sees to the reinforcement of their contribution to the development of their homeland [patrie], Morocco, and to the strengthening [resesserrement] of ties of amity and of cooperation between the governments and the societies of the countries where they reside, and of which they are citizens.

Article 17

The Moroccans residents abroad enjoy the full rights of citizenship, including the right to be electors and eligible. They can be candidates to the elections at the level of lists and of local, regional and national electoral circumscriptions. The law establishes the specific criteria of eligibility and of incompatibility. It determines, as well, the conditions and the modalities of the effective exercise of the right to vote and of candidature from the countries of residence.

Article 18

The public powers work to assure a participation as extensive as possible to Moroccans resident abroad, in the consultative institutions and [institutions] of good governance created by the Constitution or by the law.