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Doha – The Moroccan government has stirred controversy with its recent decision to bar civil society organizations from initiating legal action in cases involving the misuse of public funds and property, unless requested by the public prosecutor.
The move, approved in late August by the Government Council as part of Bill 03.23 amending the criminal procedure law, has drawn criticism from NGOs who argue it undermines their crucial role in fighting corruption.
According to a commentary published by the Carnegie Endowment for International Peace on October 31, the draft amendment pending parliamentary approval “has ignited significant political controversy.”
The author notes that before Bill 03.23, anti-corruption NGOs in Morocco “held the authority to initiate legal action against civil servants and elected officials suspected of embezzlement or corruption.”
He cites notable successes such as the arrest of former minister Mohamed Moubdii for “serious violations of the public procurement code” following a complaint by the Moroccan Association for the Protection of Public Funds.
However, Justice Minister Abdellatif Ouahbi has defended the government’s decision, arguing that the multiplicity of stakeholders is “diluting complaints” and allowing some associations to misuse their authority for “extortion and settling political scores.”
NGOs reject these accusations, insisting any abuses should be addressed through proper legal channels and emphasizing the importance of “a robust and organized civil society” in combating corruption, according to the commentary.
The author suggests reactions to Bill 03.23 are mixed, with some seeing it as strengthening the role of official bodies in monitoring public funds misuse while others worry about institutional independence when it comes to prosecuting officials linked to the ruling authority.
They argue restricting prosecution to these bodies while excluding NGOs “risks marginalizing the critical role these groups play in monitoring and exposing corruption,” forcing them to merely condemn illegal practices without legal recourse – “a significant setback for civil society’s role.”
NGOs quoted in the commentary assert the bill violates the 2011 constitution’s provisions on civil society’s role in participative democracy and decision-making.
They accuse the government of withholding information needed to pursue financial crimes, compelling them to “escalate the frequency and intensity of their street protests.”
In response, the government maintains the bill is part of broader judicial reforms to clamp down on financial crimes while preventing exploitation of cases by NGOs.
However, the author notes opposition parties have “outright rejected” it as a tool to curtail civil society’s rights.
With the ruling coalition’s parliamentary majority, they predict the controversial bill “is likely to pass into law” despite expected “intense debates.”
As the Carnegie commentary highlights, Morocco’s move to restrict civil society’s legal role in anti-corruption cases has sparked a heated national debate.
Critics fear it could be a major setback for transparency and accountability efforts, while the government insists it is a necessary reform.
Read also: German Foundation Highlights Morocco’s Struggle for Family Law Reform and Islamic Identity
