Eleanor Finch
Morocco's constitution was amended in 2011 following a series of protests demanding democratic reforms. The changes included requiring the King to name a Prime Minister from the largest party in Parliament, handing several rights from the monarch to the Prime Minister, allowing Parliament to grant amnesty, and making Tamazight an official language alongside Arabic. The changes were reportedly approved by 98.49% of voters in a referendum. However, some protesters regarded the new constitution as a half-measure, heavy on inclusive rhetoric and light on actual reform. Prior to this, Morocco's constitution had also been amended in 1972, 1992, and 1996, with the latter re-establishing the bicameral legislature. The country's first constitution was adopted in 1962, six years after it regained independence.
| Characteristics | Values |
|---|---|
| Date of Amendment | 1 July 2011 |
| Reason for Amendment | Protests demanding democratic reforms |
| Changes | King must appoint a Prime Minister from the largest party in Parliament; Parliament can grant amnesty; Tamazight is an official language alongside Arabic |
| Voter Approval | 98.49% |
| First Constitution | 1962 |
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What You'll Learn
Morocco's first constitution was in 1962
Morocco's first constitution was established in 1962, six years after the country gained independence from French and Spanish colonial rule. The constitution was proposed by King Hassan II shortly after his accession to the throne, and it was ratified through a referendum on December 7, 1962, and promulgated one week later on December 14.
The 1962 constitution defined Morocco as an Islamic constitutional monarchy, with the King as the protector of the Islamic faith and the supreme guardian of the nation's unity and territorial integrity. It also outlined the fundamental rights and freedoms of Moroccan citizens, including freedom of movement, opinion, expression, assembly, association, and the right to education and work. The constitution guaranteed these rights for all citizens and provided for their protection under the law.
The legislative branch of the government was established as a bicameral parliament, with the King retaining significant executive powers. The constitution also recognised the importance of political parties in organising and representing citizens, while also ensuring that there could be no single ruling party in Morocco.
This first constitution was replaced by a new one in 1970, which further centralised power in the monarchy and eliminated one of the houses of parliament. However, this constitution was short-lived due to political instability and attempted military coups. The country continued to experience political unrest and allegations of government corruption, leading to King Hassan II being granted full executive and legislative powers in 1965.
In summary, Morocco's first constitution in 1962 established the country as an Islamic constitutional monarchy, outlined citizens' rights and freedoms, and defined the structure of the government. It represented a significant step towards establishing political and constitutional institutions in the newly independent nation.
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The 2011 Moroccan constitutional referendum
Morocco's first constitution was adopted in 1962, six years after the country gained independence. On July 1, 2011, a referendum was held in Morocco to amend the constitution. This referendum was called in response to a series of protests across Morocco that began on February 20, 2011, when thousands of Moroccans participated in demonstrations demanding democratic reforms and a reduction in the powers of the king.
The protests led King Mohammed VI to announce a process of constitutional reform granting new civil rights and the relinquishing of some of his administrative powers. A committee was formed to advise on constitutional changes to shift power away from the king, and a commission was tasked with drafting proposals by June 2011. The draft, released on June 17, included the following changes:
- Requiring the king to name a prime minister from the largest party in parliament.
- Transferring a number of rights from the monarch to the prime minister, including the power to dissolve parliament.
- Allowing parliament to grant amnesty, which was previously a privilege of the monarch.
- Making Tamazight (Berber) an official language alongside Arabic.
- Removing references to the king as "sacred" in the constitution, instead referring to him as inviolable.
- Providing that the prime minister, rather than the king, be the head of the government.
- Giving the prime minister the power to preside over the Government Council and appoint high-level officials.
The changes were reportedly approved by 98% of voters, with a 70% turnout, although protest movements had called for a boycott of the referendum. The new constitution came into effect on August 1, 2011, and early parliamentary elections were held on November 25, 2011.
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The February 20 Movement
The Moroccan Constitution was amended in 2011. This was in response to the protests that took place earlier that year, demanding democratic reforms. The February 20 Movement was responsible for these protests, which were a series of demonstrations across Morocco that occurred from 20 February 2011 to the fall of 2012. They were inspired by the Arab Spring protests and revolutions in other North African and Middle Eastern countries, particularly Egypt and Tunisia. The protests centred around demands for political reform, including reform against police brutality, electoral fraud, political censorship, and high unemployment.
On 20 February 2011, thousands of Moroccans rallied in the capital, Rabat, to demand that King Mohammed give up some of his powers. They chanted slogans such as "Down with autocracy" and "The people want to change the constitution". This date marked the start of the pro-democracy movement in Morocco and was chosen for a nationwide, non-violent demonstration to be held in all Moroccan cities. Mainstream media, mostly owned or influenced by the government, largely ignored the appeal. However, activists utilized social media tools to get their messages across through videos. They filmed protests, performed pro-change songs, live-streamed demonstrations, and parodied their detractors.
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The King's role in the constitution
The Moroccan constitution defines Morocco as an Islamic constitutional monarchy and outlines the fundamental rights of Moroccan citizens, as well as the structures of government, the council of ministers, and parliament. The first constitution was adopted in 1962, six years after the country gained independence.
The King of Morocco is the head of state and the "supreme representative" and "symbol of the nation's unity". He represents Morocco in foreign diplomacy and has control over the armed forces, the judiciary, and matters pertaining to religion and foreign policy. The constitution grants the king the authority to appoint and dismiss prime ministers, and while it also allows him to terminate the tenure of any minister, dissolve parliament, suspend the constitution, call for new elections, or rule by decree, this has only been exercised once, in 1965. The king is also responsible for appointing the judges of the Supreme Court, the highest court in the Moroccan judicial structure.
In 2011, a constitutional referendum was held in response to protests demanding democratic reforms. The changes included requiring the king to appoint a prime minister from the largest party in parliament, handing over certain rights to the prime minister, such as the dissolution of parliament, and making Tamazight an official language alongside Arabic. These changes were approved by 98.49% of voters.
The constitution also establishes the Council of the Regency, which is presided over by the President of the Constitutional Court and includes the Head of Government, the President of the Chamber of Representatives, the President of the Chamber of Councillors, and ten prominent persons appointed by the king. The king has a civil list, and his person is considered inviolable, with respect due to him.
The Moroccan constitution also guarantees certain rights and freedoms for its citizens, including freedom of expression and freedom of the press, with the right to information limited only by laws pertaining to national security and the protection of citizens' private lives. It also establishes equality between men and women, with the state working towards parity and the creation of an authority to combat discrimination.
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The impact of constitutional amendments
The Moroccan Constitution was amended in 2011, following protests demanding democratic reforms. The amendments were approved by 98.49% of voters and brought about several changes.
Firstly, the amendments required the King to appoint a Prime Minister from the largest party in Parliament, transferring some powers from the monarch to the Prime Minister. This included the power to dissolve parliament, which was previously the monarch's privilege. Additionally, the amendments made Tamazight (Berber/Amazigh) an official language alongside Arabic, recognising it as a common heritage of all Moroccans.
In terms of rights and freedoms, the amendments guaranteed freedom of the press and expression, with the public powers encouraging an independent and democratically organised press sector. Moroccans were granted the right to information, with limitations only permissible by law to protect national security, external security, and the private lives of individuals. The right to life was also established as the first right of any human being.
Furthermore, the amendments emphasised equality between men and women, with the state working towards parity and creating an Authority to combat discrimination. Moroccans residing abroad were also assured participation in consultative institutions and good governance established by the Constitution or law.
Overall, the impact of these constitutional amendments on Morocco's political future depended on their implementation and the continued pressure for reform from Moroccan citizens. While the amendments offered opportunities for change, it remained to be seen if they would lead to a transformation of Morocco into the Arab world's first constitutional monarchy.
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Frequently asked questions
The first Constitution of Morocco was adopted in 1962, six years after the country regained independence.
The Moroccan constitution was amended in 1970, 1972, 1992, and 1996.
The 1996 amendment re-established the bicameral legislature.
The Moroccan constitution was amended recently in 2011.
The 2011 amendment brought about changes such as requiring the King to name a Prime Minister from the largest party in Parliament, handing over certain rights from the monarch to the PM, allowing parliament to grant amnesty, and making Tamazight an official language alongside Arabic.
