Moroccan Parliament Debates Ban on Dual Nationals in Cabinet Positions

A proposed law to prevent Moroccans with other nationalities and people who do not enjoy their civil and political rights from being part of the government is raising heated controversy. The deputies of the Justice and Development Party (PJD) led by Abdelilah Benkirane are the initiators. They have made three proposals to amend organic law No. 065-13 relating to the organization and conduct of government work and the legal status of its members. The first concerns the modification of Article 31.

The second amendment proposal relates to the modification of Article 33. PJD deputies propose that all government members sell all shares they hold, including companies, entrepreneurs, and private establishments. According to them, ministers should cease all professional or commercial activity in the private sector during their term of office.

The third amendment proposal concerns Article 35 and stipulates the need to resolve the status of each member of Parliament in a state of conflict within a period not exceeding 30 days from the date of appointment of the government by the House of Representatives, or from the date of appointment of the concerned government member, as the case may be.

Submitted in April 2023, this proposed law should be submitted to the competent committee on May 13, for examination on May 20. But the text is far from unanimous. According to Saâd Benmbarek, deputy of the National Rally of Independents (RNI), the proposed ban is illogical, as the nationality law already allows dual nationality. "The fact that a minister has another nationality is not contrary to the law," he summarizes.

For the RNI elected official, the transfer of private property is an exaggerated requirement. The right to property is guaranteed by the Constitution, he reminded. Ahmed Touizi, president of the parliamentary group of the Authenticity and Modernity Party (PAM), agrees. It is inconceivable to require a future minister to transfer his assets before even being appointed, he believes, specifying that the law already requires government members to suspend any professional or commercial activity in the private sector during their term of office.