A constitutional monarchy, freedom of religion, the equality of citizens, protected minority and women's rights, more cultural pluralism. What's not to like about Morocco's proposed constitution, to be voted on in July? As ever, the devil is in the detail: If, like almost all Arab countries, Morocco remains an Islamic state where Islam is the state religion, Islam can well remain a major source of law, and therefore there will be an inevitable clash with minority and women's rights. Article in the journal of the Hudson Institute by Ahmed Charai (with thanks: Michelle):
CASABLANCA — Ever since the king's speech on March 9, Moroccans debated what constitutional changes were coming. This past Friday, June 17, we got our answer—a modern, constitutional monarchy in the mold of Western Europe.
The king proposed a new constitution, to be voted on in July, that puts the principle of popular sovereignty at its center. If approved by the Moroccan people, the new prime minister will be the head of government, not the king, and will enjoy broader powers than those of the French prime minister and about the same as those of the head of the Spanish government.
The parliament, elected by universal suffrage, will choose its prime minister from the party that won the most votes, just as in Europe. The prime minister will appoint all cabinet ministers, the heads of government institutions and even the governors. The Government Council, roughly equivalent to the British House of Commons, will make all the decisions, though a few areas require the assent of the Council of Ministers, a kind of Senate elected indirectly. For royal decrees, known as Dahirs Royal, to take effect, they must be approved by a majority of the Council of Ministers. This is a revolution compared to the 1996 constitution
But democracy is also a set of values. The draft constitution clearly states the commitment to universal values as embodied in international agreements and U.N. conventions. The equality of citizens is clearly protected, as are the rights of women. This is a historic choice that removes barriers for legislation in defense of individual freedoms, especially regarding the status of women.
The proposed constitution is revolutionary in other ways. While Morocco will remain an Islamic country where Islam is the state religion, the constitution guarantees every citizen the free exercise of worship. Morocco's plural identity has finally found expression and the rights of the Jews, the Amazigh, the Africans, the Andalusians are formally recognized. The Amazigh language will become an official language, with an obligation to take the necessary steps for this to happen in schools and government offices. Other moves toward cultural pluralism are also contemplated. Indeed, Morocco seems poised to become a wholly modern state.
Affirmative action for ethnic minorities, the creation of the Council of Women and Children, the inclusion of the right to education for all, the increased freedom of the press, the creation of a Competition Council to fight corruption in the economic sphere, the obligation of the State to ensure solidarity, and decentralization of government powers each shove Morocco forward toward modernity.
The new constitution also establishes the primacy of international conventions and U.N. treaties, and thus the necessity of adapting Moroccan laws to them. This is a huge step forward, especially for the rights of women. For too long, the full recognition of women's equality has been mired in religious objections. Now that will change.
The king also called for a fully independent judiciary to combat corruption and safeguard human rights. The proposed constitutional changes are the latest in a long line of pro-democracy developments. Morocco has a history of political pluralism. The kingdom has 12 major and regional political parties, an independent and free press and human rights protections. Morocco also has a record of respecting elections. The March 1998 election brought to power a coalition of center-left parties, known as the Socialist Union of Popular Forces—the first time an opposition party took power after an election in the Arab world. As for past abuses of human rights, the government has acknowledged those wrongs and initiated a process called reconciliation in 2002. Victims are being compensated and wrongdoers punished.