Minister Wehbe’s statement, is this a human rights reaction? Moroccan depth

Point of view

The supervision of the administrative and public finances is one of the basic pillars on which the democratic countries are based, and its importance increases in the strengthening of the foundations of the modern state, when the supervisory institution exercises its supervisory functions independently, far from any subordination to any authority: legislative, executive or judicial.

In reviewing the course of the developed countries, such as France, Sweden and Spain, which fought battles and battles between the people and the kings who controlled all the organs and wheels of the state, we find that the successive struggle in history of these countries was a distinguishing stage between the era of tyranny and control, and between the era of emancipation, freedom and the full and unimpeded exercise of rights The era of guaranteeing human rights and establishing mechanisms for the continuity of profits by civil or institutional bodies.

We find, for example, the country of Sweden, which has provided a real model for the protection of rights and freedoms by the Ombudsman Foundation or the Parliamentary Commissioner, where the latter monitors the work of the administration and the protection of individual freedoms and everything related. with prisons and institutions for children, the elderly and the disabled, by its first office, and by its second office Courts, police, security and administrative work, by intervening spontaneously or by civil complaints and by conducting periodic inspections of administrative institutions.

As far as the judiciary is concerned, it monitors the work of judges and their commitment to their duties, through complaints or published in the newspapers, in addition to monitoring the military apparatus and the extent to which it respects the laws and regulations relating to the military. , and oversight of the military administration and internal military oversight bodies.

Another model, no less important than the one in Sweden, relates to the Foundation for the Defender of the Spanish People, which was linked to the democratic transition during Spain’s exit from the era of dictatorship to the era of democratic construction in 1978. The Constitution by direct and automatic intervention, and research on the conduct, conduct and decisions of the administration in its relationship with citizens, in addition to its intervention based on citizens’ petitions and complaints to expose corruption.

Worldwide, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights have been approved by the General Assembly, which has the task of enshrining the rights enshrined in the Universal Declaration of Human Rights in international obligations, and executive and mandatory character, it is protected by law International legal mechanisms of a civil and criminal nature, on the one hand, have also been established, and human rights organizations have been established to the task of compiling reports on the level of violations of serious human rights violations, on the other hand.

At a time when Morocco is following the example of developed countries by establishing democracy and respect for human rights by signing international conventions such as the Universal Declaration of Human Rights and bilateral agreements between it and other countries, and by the Kingdom’s constitution, which provides infrastructure for the construction of the new Morocco, embodied in the task of monitoring the fiscal year And the government’s work carried out by the parliamentary institution, and in authorizing some civic bodies to monitor public money, such as the Moroccan The Association for the Protection of Public Funds, the Moroccan Consumer Rights Association and the Economic, Social and Environmental Council, and to the extent that the executive respects human rights, there are still a number of shortcomings in this area.

At the level of the parliamentary institution, despite its oversight role over the work of the government, which in theory enables it to carry out the tasks entrusted to it by the constitution and regulatory laws, reality shows how fragile this task is due to two considerations:

The first is reflected in the fact that the composition of the Council consisting of a majority and the opposition, and the method of voting on sensitive files, such as the Financial Year Act as a model among other models, which is a guarantee of most basic rights, the role of the opposition is illusory because the government entrusted with the preparation of the budget is surrounded and protected by the components of the parliamentary majority that you vote for any project, which empties the opposition of its content .

What increases the fragility of parliamentary oversight is the very short period in which the Financial Act is discussed and the extent to which parliamentarians can discuss it in its legislative and technical aspects.

The second is embodied in the powers entrusted to the Prime Minister, who is authorized by law to enforce part of the financial law by a decree opening credits in the event that parliament votes against the financial law , and it has not been in the history of Morocco except for a rare event.

At the level of oversight entrusted to civil society bodies, the role of most of them remains advisory, not up to the level of initiating legal proceedings against any financial or administrative corruption.

What is surprising, however, is that the Minister of Justice, in view of the increase in financial crimes and administrative corruption, which requires the strengthening and consolidation of the human rights gains and the democratic path of Morocco, after a dangerous statement before the House of Representatives went. , where he spoke about the abuses of some public money protection associations in their relationship with the elect and prevented them from filing complaints against elected officials and personalities regarding embezzlement of public money, and explained that an amendment to the Criminal Procedure Code would stipulate that the Home Affairs Minister is the one who has the authority to lodge complaints with the judiciary about embezzlement of public funds, not associations.

In the light of this statement, the Kingdom is facing a serious human rights response, especially in the face of a government that has found itself in a crucial situation in the history of Morocco, embodying in the download of major projects such as downloading the new development model, the file of social protection, strategic food security and the social state?

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