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«The legal framework for the state of emergency was not up to par when compared to the innovative health, economic and social measures and efforts carried out by the public authorities», concluded the Center for Human Rights Studies and Democracy (CEDHD) and the Geneva Centre for Security Sector Governance (DCAF).
In a recent report on managing the state of health emergency in Morocco, security and human rights, the two centers focused on the period between March and April 2020, during which Morocco imposed a lockdown, until June 10, when containment measures started easing.
A «weak contribution» from the legislative institution
The report unveils «a preliminary evaluation of the effectiveness of the measures adopted» and introduces recommendations and proposals «to the Moroccan government and legislative authorities» about preventive strategies.
The report recognizes that «Morocco has started a battle with a vision based on the different components and departments concerned» to fight against the coronavirus pandemic. «In this regard, various measures have been taken, including the creation of a legal and administrative base required for the operationalization of the state of health emergency from the earliest stages of decision-making», it recalled.
«The other measures that followed took account of the relevant constitutional provisions, including the involvement of the legislative institution which accompanied this dynamic, even if its contribution in matters of assessment and questioning remained low and below what we expected», it explained.
«Failure to comply with procedural questions related to the declaration of a state of emergency can have repercussions in the event of infringement of rights and freedoms (…) Legal management remains the weakest link in the process of measures and decisions taken to overcome this critical period».
Reviewing legislation
The two centers refer to Bill 22.20 on the use of social media which was approved during the Government Council meeting on March 19, 2020. An «example that can be considered a real mistake, both in terms of its content and of the period chosen for its submission», wrote the authors of the report. «There has never been in Morocco such a proposal in terms of restriction of freedom of expression», the report claimed.
The report, which reevaluates all the measures taken by Morocco to overcome the crisis, pleads for the establishment of a «Higher Security Council, as a constitutional body and consultation tool on the country's internal and external security strategies, crisis management, and the institutionalization of the rules of good security governance, as stipulated in article 54 of the Constitution».
It also calls for the establishment of the Consultative Council for Youth and Associative Action (article 33 of the Constitution) which recognizes the important and powerful implication of youth in the success of great workshops, including dealing with the pandemic, as many of its elements have demonstrated.
The report finally calls for «reviewing legislation in order to adapt it to the evolution and development of society» as well as «protecting rights and freedoms».
