Constitution

Morocco 2011 Constitution

Table of Contents

Title XII. Of Good Governance

General Principles

Article 154

The public services are organized on the basis of equal access of the citizens [feminine] and the citizens [masculine], of equitable covering of the national territory and of continuity of payments [prestations] rendered.

They are submitted to the norms of quality, of transparency, of the rendering of accounts and of responsibility, and are governed by the democratic principles and values consecrated by the Constitution.

Article 155

The agents of the public services exercise their functions following the principles of respect for the law, for neutrality, for transparency, for probity and for [the] general interest.

Article 156

The public services listen to [sont a l’ecoute] their users and assure attention to [suivi] their observations, proposals and grievances.

They render account of the management of the public monies in accordance with the legislation in force and are submitted, in this regard, to the obligations of control and of evaluation.

Article 157

A charter of the public services establishes the whole [l’ensemble] of the rules of good governance relative to the functioning of the public administrations, of the regions and of the other territorial collectivities and of the public organs [organismes].

Article 158

Any person, elected or appointed, assuming a public office [charge] must make, in accordance with the modalities established by the law, a written declaration of assets and credits [actifs] held by them, directly or indirectly, from the commencement [prise] of [their] functions, in the course of service [activite] and at the cessation of it.

Article 159

The instances in charge of good governance are independent. They benefit from the support of the organs of the State. The law can, if necessary, create other instances of regulation and of good governance, in addition to those specified below.

Article 160

All of the institutions and instances specified in Articles 161 to 170 of this Constitution must present a report on their activities, at least one time per year. These reports are made the object of a debate in the Parliament.

The Institutions and Instances of Protection of Rights and Freedoms of Good Governance of Human and Lasting Development and of Participative Democracy

The Instances of the Protection and of the Promotion of the Rights of Man

Article 161

The National Council of the Rights of Man [Conseil nationale des droits de l’Homme] is a pluralist and independent national institution, charged with taking cognizance of all the questions relative to the defense and to the protection of the Rights of Man and of the freedoms, to the guarantee their full exercise and their promotion, as well as the preservation of the dignity, of the individual and collective rights and freedoms of the citizens [feminine] and the citizens [masculine], and this, with strict respect for the national and universal referents [referentiels] in the matter.

Article 162

The Mediator [Le Mediateur] is an independent and specialized national institution which has for its mission, within the framework of the relations between the administration and the users, to defend the rights, to contribute to reinforcing the primacy of the law and to disseminate [diffuser] the principles of justice and of equity, and the values of moral behavior [moralisation] and of transparency in the managing of the administrations, of the public establishments, of the territorial collectivities and of the organs [organismes] endowed with prerogatives of public authority [puissance].

Article 163

The Council of the Moroccan Community Abroad [Conseil de la communaute marocaine a l’etranger] is charged[.] notably[] to give its opinion on the orientations of public policies permitting assurance to the Moroccans resident abroad [of] the maintenance of close ties [liens etoits] with their Moroccan identity, to guarantee their rights, to preserve their interests, [so as] to contribute to the human and lasting development of their Country, Morocco, and to its progress.

Article 164

The authority charged with parity and with the struggle against all forms of discrimination, created by virtue of Article 19 of this Constitution, sees[,] notably[,] to the respect for the rights and freedoms specified in said Article, under reserve of the attributions devolved to the National Council of the Rights of Man.

The Instances of Good Governance and of Regulation

Article 165

The High Authority of Broadcasting [Haute autorite de la communication audiovisuelle] is charged to see to the respect for pluralist expression of the currents of opinion and of thought and of the right to information, within the domain of broadcasting and this, within respect for the fundamental values of civilization and for the laws of the Kingdom.

Article 166

The Council of Competition [Conseil de la concurrence] is an independent institution charged, within the framework of the organization of free and fair competition, to assure the transparency and the equity of economic relations, notably through the analysis and the regulation of the competition in the markets, the control of anti-competitive practices, and unfair commercial practices and of the operations of economic concentration and of monopoly.

Article 167

The National Instance of Probity, of the Prevention and of the Struggle Against Corruption [Instance nationale de probite, de la prevention et de la lutte contre la corruption], created by virtue of Article 36, has for its mission[,] notably[,] to initiate, to coordinate, to supervise and to assure the following [suivi] of the implementation of the policies of prevention and of the struggle against corruption, to receive and to disseminate information in this domain, to contribute to the moral behavior of public life and to consolidate the principles of good governance, the culture of public service and the values of responsible citizenship.

Instances of Promotion of Human and Lasting Development and of Participative Democracy

Article 168

A Superior Council of Education, of Attainment of Knowledge and of Scientific Research [Conseil superieur de l’education, de la formation et de la recherche scientifique] is created.

This Council constitutes a consultative instance charged to give its opinion on all the public policies and on all the questions of national interest concerning education, teaching and scientific research, as well as on the objectives and the functioning of the public services responsible [charges] in these domains. It contributes equally to the evaluation of the public policies and programs operating [mends] in these domains.

Article 169

The Consultative Council of the Family and of Childhood [Conseil consultatif de la famille et de l’enfance], created by virtue of Article 31 of this Constitution, has for its mission to assure the following of the situation of the family and of childhood, giving its opinion on the national plans relative to these domains, of animating the public debate on family policy and to assure the attention to [suivi] the realization of national programs, initiated by the various [differents] competent departments, structures and organs [organismes].

Article 170

The Consultative Council of Youth and of Associative Action [Conseil consultatif de la jeunesse et de l’action associative], created by virtue of Article 33 of this Constitution, is a consultative instance within the domains of the protection of youth and of the promotion of associative life. It is charged to study and to follow the questions [of] interest to these domains and to formulate the proposals on any subject of economic, social and cultural order [of] direct interest to youth and associative action, as well as the development of the creative energies of youth, and their inducement [incitation] to participation in the national life, in the spirit of responsible citizenship.

Article 171

The laws establish the composition, the organization, the attributions and the rules of functioning of the institutions and instances specified in Articles 161 to 170 of this Constitution and, the case arising, the case of incompatibilities.