The foundations of participatory democracy in the Moroccan constitution
Boujema BOUAZZAOUI
Professor of public law
University Mohamed V-Souissi, Rabat, Morocco
Faculty of law Sale
« The man who wears the shoe knows best that
it pinches and where it pinches, even if the
expert shoemaker is the best judge of how the
trouble is to be remedied… Democracy must
begin at home, and its home is the neighbor
community » (J.Dewey).
Keywords: participatory democracy, empowered participatory governance,
local governance, decentralization, local democracy online, interactive policymaking.
Abstract:
The intent of this composition is to reflect on the beginnings of participatory
democracy in the Moroccan constitution, in order to gain a better
understanding of the institutional contexts and parameters that encourage a
more participative democracy. It will thereby bring to light the political
mechanisms that contribute to broadening the decision-making processes.
Participatory democracy is seen as a positive complement to its
representative counterpart, and sometimes even as its potential successor. In
fact, participatory democracy strives to create opportunities for all members of
a population to make meaningful contributions to decision-making and
broaden the range of people who have access to such opportunities.
Aware of its importance, the Moroccan constitution of 2011 entrenched
the principles of participatory democracy while promoting representative
democracy, which consists of the right to present petitions, initiate laws,
challenge the non- constitutionality of laws, etc.
We focus more on the participatory democracy at the local level. This level
has often been used as the first place to test these new institutional devices,
1
and an appropriate laboratory to assess participatory democracy. In addition to
that, participatory local democracy presents ideas, options, resources, and
methods for practicing local democracy. This renewed interest has arisen for
many different reasons. In countries that have recently become more
democratic, such as Morocco, there is an opportunity to design systems of new
local democracy, and many have taken such initiatives, through
decentralization and improved local governance.
Introduction:
The challenges of building a sustainable democracy are still enormous. From
the birth of representative democracy, not everyone agreed that democracy
could or should become representative. J. J. Rousseau was among the first to
argue against the whole idea that democracy could become representative, in
his view on the grounds that the sovereign will of the whole people could never
be authentically represented.
What is more, some researchers uphold the idea that democracy is inimical
to representation. Democracy cannot be turned into representative democracy
because representation entails an illegitimate transfer of power from the
principal “the demos” to the agent “the representative” 1.
However, representative government retains its value and sustainability
despite these criticisms and uncertainties.
On balance, it is possible to make an association between direct democracy
and the representative one, which may give us: participatory democracy. In
other words, the limits and handicaps of representative democracy can be
corrected by participatory democracy.
Participatory democracy [. . .] denotes the form in which the people literally
rule themselves, directly and participatorily, day in and day out, in all matters
that affect them in their common lives [. . .] To its advocates [. .] participatory
democracy involves extensive and active engagement of citizens in the selfgoverning process; it means government not just for but by and of the people 2.
1
- Nadia Urbinati, in the future of representative democracy, Edited by Sonia Alonso, John Keane, Wolfgang
Merkel with the collaboration of Maria Fotou.
2
- Barber 1995: 921,cited by Dieter Fuchs, Participatory, liberal and electronic democracy, in
Thomas Zittel and Dieter Fuchs, participatory Democracy and Political Participation, Routledge,
2007, p.40.
2
From this point of view, participatory democracy is seen as a positive
complement to its representative counterpart, and sometimes even as its
potential successor. In fact, participatory democracy strives to create
opportunities for all members of a population to make meaningful
contributions to decision-making and broaden the range of people who have
access to such opportunities.
Aware of its importance, the Moroccan constitution of 2011 entrenched
the principles of participatory democracy while promoting representative
democracy, which consists of the right to present petitions, initiate laws,
challenge the non- constitutionality of laws, etc.
The constitution established general principles supporting participatory
democracy at both national and local level. This unprecedented innovation can
revitalize political life, and push people to take an interest in the management
of public affairs.
However, it seems pretentious to link representative democracy and
participatory democracy at the national level for many reasons. First of all this
connection can prejudice the proper functioning of the servo-mechanisms of
representative democracy; especially that Morocco is a country emergent and
surging towards democracy. Secondly, , the participatory democracy may work
very well among a small group of people, but the larger the group the more
difficult it is to run effectively.
Thereby, participatory democracy can work better at the local level. This
level has often been used as the first place to test these new institutional
devices. It appeared as an appropriate laboratory to assess participatory
democracy. In addition to that, participatory local democracy presents ideas,
options, resources, and methods for practicing local democracy.
This renewed interest has arisen for many different reasons. In countries
that have recently become more democratic, such as Morocco, there is an
opportunity to design systems of new local democracy, and many have taken
such initiatives, through decentralization and improved local governance.
I- Bases of participatory democracy in the Moroccan constitution at the
national level
Representative government means a constitutional system in which the
people govern themselves through their elected 3. Historically, this form of
3
- Carré de Malberg.
3
democracy has proven its necessity, however it chows, actually, some limits
(A), which can be corrected by participatory democracy (B).
A- Necessity of representative democracy and its limits
Most countries in the world are trying to set up a participatory democracy.
This seems normal, because representative democracy is necessary as we
cannot, still now, find another form to represent people and speak on their
behalf in parliament. Nevertheless, this type of democracy has some limits.
1- Necessity of representative democracy
Democracy, a Greek word with no Latin equivalent, stands for direct rule
“getting things done » by the people. Representation, a Latin word with no
Greek equivalent, entails a delegated action on the part of some on behalf of
someone else4.
The invention of representative government and its subsequent
democratization was something of a marriage of convenience. The marriage
was supposed to serve the cause of both representation and democracy by
improving the effectiveness and legitimacy of government. It was certainly of
epochal political importance. It greatly expanded the geographic scale of
institutions of self-government; it also fundamentally altered the meaning of
democracy.
Representative democracy came to signify a type of government in which
people, in their role as voters faced with a genuine choice between at least two
alternatives, are free to elect others who then act in defense of their interest,
that is, represent them by deciding matters on their behalf. Much ink and
blood was to be spilled in defining what representation meant exactly, who
was entitled to represent whom and what had to be done when
representatives snubbed or disappointed those whom they were supposed to
represent.
Representative democracy continues to be necessary as a system with less
inconvenience. In order to maintain it, advocators put forward three
arguments:
Firstly, the representative system is variable and adaptable to any rational
political solution.
4
- See Ober (2008).in representative democracy and its critics, Nadia Urbinati p23. In the future of
representative democracy, Sonia Alonso,John Keane, and wolfgang Merkel; Cambridge,First published 2011.
4
Secondly, the representative system takes into account both the
participation of citizens in political life, and the legitimacy of government.
Finally, the representative system is the best guarantee of conflicting
requirements which are difficult to coordinate (liberty, equality citizen
participation unity of the political body, identity of its components). Moreover,
the representative system provides an adequate solution to the questions of
ethnic, religious, or linguistic pluralism 5.
Thereby, the Moroccan constitution, as most constitutions in the world,
maintains representative democracy. In fact, it stresses in the 2nd article,
“Sovereignty shall belong to the nation. It shall exercise it directly, by means of
a referendum, or indirectly, through its representatives.
“The nation shall choose its representatives in elected institutions through
free, sincere and regularly held elections”. And it adds, “Free, fair and
transparent elections are the bedrock of the legitimacy of democratic
representation. Public authorities shall be required to observe strict neutrality
towards all candidates and shall avoid discrimination.
“The law shall define rules for equitable access to public media and for full
exercise of the fundamental rights and freedoms relating to election campaigns
and voting. The authorities in charge of elections shall see to it that these rules
are implemented.
“The law shall specify the terms and conditions for the independent,
neutral observation of elections, in accordance with internationally recognized
standards.
“Any person who violates the provisions and rules of electoral fairness and
transparency shall be punishable by law”.
The constitution added in the article 62 that members of the House of
Representatives shall be elected by direct universal suffrage for a five-year
term. The term of office shall end at the opening of the October session of the
fifth year following the election of the House.
5
- Yadh Ben achour, le régime représentatif modèle constitutionnel indépassable, Bruylant 2006, p.283,
quoted by Najib Bamohamed, Du « représentatif » et du « participatif », la démocratie en questions, REMALD,
numéro double 105-106, juillet- octobre2012, p.14.
5
The number of representatives, the electoral system, the principles of
redistricting, the eligibility requirements, the rules governing incompatibility,
the rules restricting the number of offices that may be held concurrently, and
rules for lodging electoral complaints shall be specified by an organic law.
2- Limits of representative democracy
The following discussion is not an anti-democratic attack on representative
democracy, but rather a criticism of its capacity to do the job it is supposed to
do; supervise, restrain and control government.
Democracy has historically affirmed itself as a political order in the state
framework and under the representative form. However, it seems that these
three founding structures are suffering in ambient neo-liberalism6.
Many people are upset with the choices that representatives make. In other
words, people have no control over what the alleged "representatives" do.
They don't have to make binding promises on the way they will vote and due to
"log rolling", they pass laws that would never find any majority among the
people.
Political alliances among parties with the intent of becoming a "ruling
majority" are even worse: electors will be defrauded of any actual influence. In
short: representatives represent no one but themselves and their own
interests.
If representative democracy is usually known as ‘government of the people,
by the people and for the people’, it finished actually seeing such a powerful
tool of legitimating of the actions of government that no serious politician,
even if they have just lost an election, will question it 7.
B- Participatory democracy as a complement of representative democracy
Actually, most countries are trying to set up participatory democracy as
opposed to a representative one. For Beetham participation can enhance
6
- Slobodan Milacic, la démocratie représentative devant un défit historique, Bruylant 2006, in Najib
Bamohamed, Du « représentatif » et du « participatif », la démocratie en questions, REMALD, numéro double
105-106, juillet- octobre2012, p.9.
7
- PAUL HIRST , Representative Democracy and Its Limits, Vol. 59, No. 2, April–June 1988.
6
representation, rather than be an alternative to it. However, his position is
different from Green’s. He argues that participation by citizens, not only in
formal politics, but also in civil society, can help to keep representatives and
government accountable between elections. They accept that there may be
problems associated with some forms of participation, which can give influence
to groups who are not representative of the wider population and can favor the
already well organized and articulate.
With participatory democracy, the citizen is active not only in the
preparation and adoption of the standard, but also in its application or in the
evaluation of its efficiency. Hence, the increased interest today in this
democratic mode also intimately tied to a desire to reduce the democratic
deficit that eats the representative system 8.
Nobody can pretend that representative democracy is a surplus. On the
contrary, this form of government is inevitable, till we will be able to find
another type of democracy, which will be accepted by the majority of people,
and be feasible.
However, this form of democracy shows day after day its limits; as it was
mentioned before. Therefore, most countries are obligated to find ways of
minimizing these negatives effects. Obviously there are many ways; but it
seems for many reasons, that participatory democracy is the appropriate way.
-
This form of democracy does not represent itself as a substitute to
representative democracy, but as its complement.
This form of government is actually the unique way to bring citizens back
to a life policy;
Participatory democracy involves citizens in a decision making process;
In the participatory democracy, people fell a strong sense of
responsibility towards their choices;
Participatory democracy will make life policies more convincing, viable,
and credible.
Implementing institutions of participatory democracy will increase the
level of political participation.
It makes public administration and governance more responsive to the
needs of citizens, which is one of the most important aims of
democracy;
8
- Najib Bamohamed, Du « représentatif » et du « participatif », la démocratie en questions, REMALD, numéro
double 105-106, juillet- octobre2012, p.13.
7
-
Strengthening the capacities of public administration to empower
organizations of civil society to participate in economic, social, and
political activities will be an increasingly important function for all
governments in an era of globalization;
- Offers opportunities for individuals to improve their standards of living;
- helps to distribute the benefits of economic growth more equitably
within society, and civil institutions channel people’s participation in
economic and social activities and organize them into more potent forces
in influencing public policies;
- Organizations of civil society have an important role in mitigating the
potentially adverse impacts of economic organizations of civil society and
can provide functions and services that markets cannot offer, facilitate
social transactions, and protect vulnerable groups. Making democracy
work is an ongoing task, a continual challenge for all countries that like to
call themselves democracy from adverse economic impacts. These
organizations have especially strong impacts on economic, political and
social development when they work in cooperation with each other, the
government and the private sector.
In view of its importance, the Moroccan constitution establishes for the
first time rules concerning participatory democracy. So it will devote articles
for this kind of democracy and establish institutions which reinforce it:
1) Higher Council for Education, Training and Scientific Research: The Council
shall, as consultative institution, give its opinion on public policies and
matters of national interest pertaining to education, training and scientific
research, as well as on the objectives and functioning of public agencies in
charge of these matters. It shall also contribute to the evaluation of public
policies and programs in these fields 9.
2) Advisory Council for the Family and Children: It shall monitor the situation
of the family and children, give its opinion on national plans in this field,
stimulate public debate on family issues and ensure follow-up to the
implementation of national programs initiated by the relevant departments,
bodies and institutions 10.
3) The Advisory Council for Youth and Community Action: it shall be a
consultative body involved in the protection of youth and the promotion of
9
- Article 168 of the constitution of 2011.
10
- Article 169.
8
community life. It shall be responsible for studying and keeping up with
issues related to these areas, as well as making recommendations on any
economic, social or cultural subject bearing direct relevance to youth and
community action. It shall also encourage the creative energies of youth
and help young people get involved in public life, as responsible citizens 11.
II- Participatory democracy in the Moroccan constitution at local level 12
The Moroccan constitution has strengthened basis of local democracy (A),
which can take several forms (B).
A- Basis of participatory democracy at local level
There is an improvement on local democracy around the world. During the
last few years, the winds of democratic movements and reforms have blown
around the world, and democratic decentralization has spread globally.
In every continent, most governments have embraced decentralization13
programs. “Some 95 percent of democracies have now elected sub national
governments, and countries everywhere – large and small, rich and poor – are
devolving political, fiscal, and administrative powers to sub national tiers of
government” 14.
This renewed interest has occurred for many different reasons. The first and
obvious reason is that the local level is presented as the crucible and the
laboratory of the new democratic horizon. What is more, new social pressures
emanating from the influences of globalization, urbanization, and increasing
11
- Article 170.
12
- In Morocco, the local government structure comprises regions, provinces and prefectures, and
urban and rural communes. The regional council has its own responsibilities and powers, a
consultative role, and own responsibilities transferred by the State.
13
- Decentralization involves the transfer of political, administrative and fiscal authority from the
central government to sub national governments and authorities. The transfer takes place down a
hierarchy of levels of sub national
authority. Typically, there are then three tiers of government – at central, state
and local levels. Three forms of decentralization have been identified: decentralization by
deconcentration, decentralization by delegation, and
decentralization by devolution.
14
- In Sweden for example, a commission on democracy deliberated between 1998 and 2000 on
institutional reforms to increase political participation. It submitted a report which put a special
emphasis on suggestions to strengthen the local basis of democracy (Swedish Ministry of Justice
2000). In Germany, the Red–Green government coalition introduced a bill in 2002 to change the
country’s constitution to allow for measures of direct democracy at the federal level.
9
human migration, have led to a review of how cities can better manage these
challenges.
Secondly, local government is the tier of public authority that citizens first
look at to solve their immediate economic and social problems. In other words,
at this level of democracy the citizen has the most effective opportunity to
participate actively and directly in decisions made for all of society. In fact,
"Tocqueville" argued that centralized state “tyranny” (a paradoxical tendency
of democratic regimes) could/should be countered through administrative
decentralization and through local-level citizen participation in political
organizations and civic duties 15. “The strength of free peoples,” he argued,
“resides in the local community. Local institutions are to liberty what primary
schools are to science; they put it within the people’s reach; they teach people
to appreciate its peaceful enjoyment”.
However, in the context of an expansive strategy of democratization,
strengthening direct democracy at the local level begs the question of the
distribution of competencies between the levels of the state.
If the local arena enjoys only marginal power of collective selfdetermination, then democratization at this level remains symbolic from the
perspective of an expansive strategy.
In this connection, local democracy presupposes the decentralization of
policy competency. Only under these circumstances will a sufficient degree of
political influence be achieved to offer a positive incentive – and thus a rational
basis –for political participation.
Aware of the importance of local government, Morocco has started the
process of decentralization early. In fact, the first constitution in 1962 states
that local government structure comprises provinces and prefectures, and
urban and rural communes. Moreover, in 1976 the most important text in
history of decentralization in Morocco was published. This text reinforced
competencies and autonomy of urban and rural communes.
14F
In that connection, we understand easily why the constitution of 2011,
announces in its first article: “The Kingdom shall have a decentralized territorial
organization, which shall be based on an advanced regionalization system”.
The same constitutional text will explain that, the local governments of the
Kingdom shall be regions, prefectures, provinces and communes. They shall
15
- Wiliam R.Neylen, participatory democracy versus elitist democracy, Palgrave macmillan, 2003, p.29.
10
consist of legal persons under public law. They shall manage their affairs
democratically, through councils elected by universal suffrage 16.
The Moroccan constitution not just stress on the aspect in the
management of local affairs, but it also introduced new concepts and principles
to this management. In fact, it states that local government in the Kingdom
shall be organized on the basis of the principles of free administration,
cooperation and solidarity. It shall ensure the involvement of the populations
concerned in the management of their affairs, and promote their contribution
to sustainable, integrated human development 17.
B- Forms of exercising local participatory democracy
The Moroccan constitution of 2011 strengthens representative democracy
through elected local assemblies which are elected directly (regions and urban
and rural communes) or indirectly (provinces and prefectures) 18 . However, it
attaches great importance to the mechanisms that allow citizens to participate
directly in the management of their local affairs.
In fact, the constitution states that participatory mechanisms for dialogue
and consultation shall be established by the councils of regions and the councils
of the other local governments, to support the involvement of the citizens, men
and women alike, as well as associations, in the preparation and follow up of
development programs. It added, citizens, men and women alike, as well as
associations may exercise the right to initiate petitions to request that a
question falling within the scope of competence of the council be included in
the council’s agenda” 19 .
What is more, the constitution states that in keeping with principles of
participatory democracy, associations concerned with public affairs and nongovernmental organizations shall contribute to the development,
implementation and assessment of the projects and decisions of elected
institutions and public authorities.
16
- Article 135 of the Moroccan constitution of 2011.
17
- Article 136 of the Moroccan constitution of 2011.
18
- The local governments of the Kingdom shall be regions, prefectures, provinces and communes.
They shall consist of legal persons under public law. They shall manage their affairs democratically,
through councils elected by universal suffrage.
19
- Article 139 of the constitution of 2011.
11
The institutions and public authorities concerned shall organize this
contribution in accordance with the terms and conditions set by the law 20. To
facilitate civil society’s role the constitution states that organizations and nongovernmental organizations shall be formed and shall operate freely, within the
provisions of the constitution and the law 21.
19F
20F
The constitution reached the summit of establishing mechanisms of
participatory democracy when it states that citizens shall have the right to table
petitions to the public authorities 22. It added an organic law shall determine the
terms and conditions for the exercise of this right.
21F
Moreover, and in order to encourage citizens to participate at the policy life,
the constitution gives them the right to access information held by public
authorities and elected institutions and bodies with a public service mission 23.
The right to information shall be restricted only by law, in order to protect all
aspects relating to national defense, the internal and external security of the
state, and the privacy of individuals, as well as to prevent infringement of the
rights and freedoms enshrined in this constitution, and to protect sources and
sectors specifically defined by law.
2F
Finally the constitution requires public authorities to take all appropriate
measures to:
- expand and generalize the participation of youth in the country’s social,
economic, cultural and political development;
- help young people to be part of an active community life, and provide
assistance to those with special educational, social or professional needs;
- facilitate access for young people to culture, science, technology, the arts,
sports and leisure, and foster conditions conducive to the expression of their
creativity and innovative skills in all these areas.
Establishing these mechanisms of participatory democracy, the Moroccan
constitution made big step on the way to enhance the participation of citizens
20
- Article 12.
21
- Article 12.
22
- Article 15.
23
- Article 27.
12
in public life. Nevertheless, these mechanisms require legislation to implement
them.
In this context, I think the Moroccan legislator can borrow from foreign
experiences that have developed institutions for participatory democracy. In
example:
1- The Participatory Budget
The concept of participatory democracy has emerged in 1989 in the city of
Porto Alegre. The aim objective of this concept is to democratize local
democracy by disempowering traditional entrenched political elites and
empowering no élites. The means: giving ordinary citizens access to the most
important decision-making process at the municipal level—spending the city’s
money. From a general budget of approximately $465 million, about 31% is
divided up in an open, public process involving large numbers of people and
interests. As a result of this process, the city’s residents decided the city should
concentrate its resources on legalizing land titles, providing water and sewage
to poor communities (almost 100% of households now have clean drinking
water), transportation, and environmental clean-up 24.
23F
2- Neighborhood assemblies
It must be said that the so-called neighborhood assemblies is purposed by
Barber. With reference to Arendt and Tocqueville, he regards this form of
participatory democracy, as absolutely essential for strong democratic talk to
be institutionalized at the level of small local units. This is where citizens can
deliberate in direct interaction about matters that directly concern them, thus
acquiring and practicing civic competence.
In these assemblies not only local affairs and problems could be discussed;
they could also stipulate forums for the discussions of regional and national
referendums and initiatives. Such neighborhood assemblies can be established
purposefully and to this extent they are a realistic proposal25.
24F
3- Referendums
24
- William R. Nylen, Participatory Democracy Versus Elitist Democracy: Lessons from Brazil,
Palgrave, 2003, p.49.
25
- Dieter Fuchs, Participatory, liberal and electronic democracy, in Participatory Democracy
and Political Participation ; Can participatory engineering bring citizens back in? Edited by Thomas Zittel and
Dieter Fuchs, Routledge, 2007, p. 44.
13
Barber (1984) describes referendums at the national level as one of the most
important forms of institutionalization for participatory democracy in modern
society. There were, of course, referendums before the innovations in the
electronic media. In the discussion on electronic democracy, these media have
certainly quite rightly been considered a particularly effective means for
conducting such referendums (Slaton 1992; Budge 1996). At the press of a
button or the click of a mouse, citizens scattered over a wide area can take part
in referendums and thus in political decision-making 26.
For the citizens themselves, this participation is low-cost, and the
organization of such referendums requires comparatively little effort. In
principle, this permits comprehensive and lasting participation by citizens in
government. But the technological facilitation of referendums changes nothing
in the nature and implications of this instrument. This is already the subject of
ongoing discussion. We will look at a number of aspects important for the
normative benchmarks of participatory democracy. One aspect is a problem
caused by societal complexity and the associated fact that the political system
has to perform a broad range of services for society. This means that the
quantity of generally binding decisions that have to be made in many countries
and municipal settings, there is an increasing use of popular referendums to
settle contentious community disputes. Many praise referendums because
they give voters a direct say on important policy matters. Others question
whether the public has enough information on certain policy issues and
whether the people can always make the best choice. The handbook outlines
the issues to consider in deciding whether or not to use a referendum and the
advantages and disadvantages of such an approach 27.
Conclusion:
In this study we have always tried to support the idea that representative
democracy is necessary even if it chows some limits. These handicaps are
advanced by its adversaries who are demanding to set up direct or
participatory democracy.
However, it is difficult to admit the idea that participatory democracy, at the
moment, can replace the representative one, especially at the national level.
26
-ibidem.
27
- ibidem.
14
But it seems that the local level is the most appropriate level to implement
participatory democracy. In other words local level is the ideal place where
citizens can participate directly in managing their affairs.
15