Beloved Akki
The National Council for Human Rights (CNDH) had previously submitted a memorandum to the then Prime Minister in November 2015, a memorandum on freedom of association and the conditions of associative work in the Kingdom. Internationally, which our associative fabric aspires to dye in part, and the memorandum on the other hand, diagnoses with extreme accuracy the conditions of associations in Morocco and what impedes their progress towards performing these national and global vanguard roles, especially in terms of some fundamental barriers, old, new and sustainable, on top of which are:
1 Founding problems
2 Funding problems
3 Role problems between dependency and independence
4 Partnership problems
5 recommendations
This memorandum is of great importance as it intends to stand on fundamental points that show the reality of associative work in our country from its imagery and falsity, and even obstructed and sometimes prevented it. It is also a memorandum that aims to monitor association laws in particular and public freedoms in general, and to work on renewing and adapting them to suit the new reality of associations and universal human rights norms as recognized by the Constitution of 2011. It also aims to express an advisory human rights opinion and make recommendations regarding what has happened and is happening in this vital field, as it bets. In general, to promote collective freedoms to the level of basic human rights, the extent of respect for which embodies the extent of respect for the effective participation of associationists and civilians in the affairs of their country and its democracy.
However, how will we claim this right to expression and participation in change and defend the forces of representative democracy and participatory democracy and their integration, if our associations cannot practice their local, national and international legal activities smoothly, welcoming and stimulating, then rather peaceful demonstration to express citizens’ issues and mediate between them and officials?, If they cannot Overcoming the legal and practical constraints that hinder and limit the performance of its role, to remain mere formal or furnishing bodies under occasional demand? Far from the roles of real associations across the world in terms of serious suggestive power, pleading and defending people’s issues, mediating for them in times of tension and crisis, helping vulnerable groups and providing support to those in need, and other services and activities to spread human rights culture and combat discrimination and human trafficking, issues of values, identity and reference, consumer protection and combating Corruption and contribution to the development of health, education and the environment..?.
Among the problems that the memorandum focused on, and which it considers to be hindering associative work in the Kingdom to a large extent, we mention the following:
1 Problems of incorporation: They have been raised for decades and are becoming more severe today by some authorities and what they are doing against the new constitution, which elevated associative work to the ranks of a basic partner in participatory democracy and protects its rights in many chapters (1, 6, 13, 14, 15, 136 and 139.. It is also protected by international human rights articles, especially: Article 20 of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Fundamental Political and Economic Rights, Article 5 of the Convention on the Elimination of All Forms of Discrimination, Article 15 of the Convention on the Rights of the Child, and Article 26 And 40 of the International Convention on the Rights of Workers and Migrants..?.
It is assumed that the right to establish associations and their freedom in that is an embodiment of the right to freedom of expression and participation in change and the right to assemble in bodies and organizations to manage this, and it is also assumed that accepting the establishment of an association is an explicit acceptance that it is legal and its activities according to its basic law are also legal and it has the right to practice it in accordance with The law and without obstruction, or rather the unjustified ban, which is considered a clear transgression? Then, is it possible to accept the establishment of an association without it being independent from the authority? And what justification for its existence if the latter, for example, or others, interferes with the composition of its office, the development of its programs, or the implementation of its activities? In addition, what is the meaning of its independence if the association is unable to liberate itself from the abuse of power that may affect it, despite the law protecting it from that (Article 22 of the International Covenant)?
2- Funding problems: These are chronic problems that most of the associative spectrum suffers from, regardless of their goals, backgrounds, and energies. dirhams? On the sustainability of the association and its activities that are broken on the solid rock due to the lack of resources and the large number of costs, on its independence and not being involved in dependence on whoever came and went to support his agenda, whether it was an internal or external side? Any restriction on the financial resources available to associations, despite their scarcity, is a restriction on all of the above. Rather, it is actually restricting the beneficiaries and targeted citizens from obtaining their right to civil services and aid that the constitution guarantees to them and considers it a human right, with what must be pointed out that the association is obligated to use its funds in what it has been allocated for, with full transparency and linking responsibility with accountability?
3- Problematic roles between dependency and independence: independence as achieved by civil society associations in various countries of the world, which made them play real developmental and social roles, such as defending and spreading human rights culture… combating all forms of discrimination… defending fairness and reparation… fighting drugs and trafficking In humans… Fighting extremism and terrorism… Fighting corruption… Consumer protection… Advancement of children’s rights and supervision of youth… Promotion of employment and the social economy… Contribute to the development of health, education, the environment, and purposeful entertainment…? Is it possible to play these pioneering and pioneering roles without some of what the international human rights organization sees as the European Committee for Democracy (the Venice Commission) or the Office for Democratic Institutions and Human Rights), and on top of that:
1 The necessity of a legal presumption that facilitates the objectives and activities of associations, their type, form, size and extent.
2 The state’s commitment to respect the freedom to establish and join associations and the right to carry out their activities.
3 Equality in dealing with associations and non-discrimination between them.
4 Freedom to request, receive and use all available financial resources.
5 The legitimacy and legality of the restrictions used in the field and their proportionality.
6 The right to an effective remedy in favor of associations in case of violation of their rights.
This is what the Moroccan jurisprudence went to, as it unanimously ruled the declarative nature of the system of establishing associations, and only the administrative courts systematically cancel every abuse of power that goes beyond receiving the permit to establish or renew the association, just as the authority’s refusal to hand over the temporary receipt is considered by the judiciary as a decision tainted by the defect of not Legitimacy, entailing responsibility on the state in the person of its minister of justice, and requiring compensation in favor of the association (the decisions of many courts in the Kingdom on the matter). Because the administrative authority is not responsible for the legitimacy of the public groups (which is the responsibility of the judiciary), but rather it is responsible only for the extent to which the association fulfills the permit documents upon establishment or renewal. The administrative official receives them in return for a temporary receipt. However, what is the difference between the law and what people collide with in reality?
4- Partnership problems: It is still, in its entirety, a partnership of submission between two unequal parties, neither in offering and proposing nor in rejection or acceptance. A partnership requesting proposals according to a book of tolerances imposed by the supporting party alone, so that the association remains a mere forced labor for a governmental body or a collective council.., a partnership. Financial support is, in fact, closer to grace and rent than to a development budget for cooperation in resolving the population’s dilemmas and alleviating its crises.. On top of that, it is partnerships damaged by hateful partisan and ideological sensitivities (opportunity, workshops, and launch as a model). No budgets were kept, no development was achieved, no transparency or collective acceptance From all walks of life?
5- Recommendations: They are arranged according to special chapters, of which we generally mention the following:
1- The necessity of respecting the freedom and right to establish associations, join them and carry out their activities.
2- The need for associations to be independent and not to be pressured by any party or in any way.
3- Adding the possibility of depositing the incorporation and renewal permit electronically. This is added to Article No. 5.
4- Exempting the documents of associations from the obligation to testify at the time of authentication.
5- Preparing a guide for institutions and how to obtain support from them.
6- Create a legal framework that regulates voluntary work in associations.
7- Enabling associations to establish themselves as civil parties before the courts in their cases.
8- The right of associations to the national media.
9- Public benefit is the right of all associations, because they only work in the public interest in one way or another.
1 The right to open a bank account for the association with temporary access.
2 Develop a national register of associations.
3 Enabling associations to use halls and public spaces.
4 Avoid delay in processing and settling the files of the National Societies branches.
5 Creation of an electronic portal with government and institutional funds and projects.
6 Encouraging associations working with some special groups, in some special regions, and on priority national issues.
7 Activating the recommendations of the national dialogue on civil society, in which the National Council for Human Rights participated.
8 Activating the new constitutional roles of civil society, such as creating the Supreme Council for Youth, associative work, and organizing public consultation…
Finally, one wonders what has been achieved from these recommendations when they are about a decade old? Without the electronic partnership portal, the exemption of association documents from reprimand, and the restrictive public charity law 18.18, the overall recommendations still justify the need to pay attention to them and search for appropriate solutions for them. Otherwise, the civil actor also wonders what is the use of memorandums, recommendations and petitions that he does not pay attention to, even on contracts? Despite the spirit of constructive citizenship and the qualities praised by the historic throne speech of 2000 regarding the right of the national collective fabric and its great capabilities to contribute to development, where he said: “We commend the active role of civil society, which demonstrated its active involvement in the fight against poverty, pollution and illiteracy, which makes us call on public authorities and local groups And other public and private institutions to conclude with him all kinds of partnership and provide him with all forms of assistance. We are very proud of the civil society elite’s engagement in public affairs, collective action, and interest in areas that were largely the responsibility of the state alone, which is an indication of the people’s maturity and their living forces. Despite all this, the vast civil energy still suffers from laws, transactions and resources.. Perhaps the activation of such recommendations in the public policies of successive governments will be the wide and true door to a national developmental collective action with aspirations of the size of the country’s aspirations, challenges and bets, so when will this be done?