Morocco’s Penal Code Reform Stalls as Prime Minister El Othmani Faces Pressure to Act

This text has been languishing in the lower house since 2016. "The ball is in your court after all parliamentary groups have submitted their proposed amendments to the draft law amending and supplementing the Penal Code," Boutaina Karouri, first vice-president of the Justice, Legislation and Human Rights Committee, said Monday in plenary. She was addressing the Minister of Justice, Mohamed Benabdelkader. The latter indicated that this reform is of a political nature. It therefore requires the approval of the government council and its head.

From this point of view, it is up to Mr. El Othmani to unblock this text which is suffering from consensus. Many deputies have in the meantime pleaded for the adoption of this draft law. On the technical level, the vote on the proposed amendments from the various parliamentary groups has not yet taken effect. It is difficult for the members of the House of Representatives to agree on the issue related to the fight against illicit enrichment included in the project.

According to the PJD, the majority’s amendment empties the provision to fight against illicit enrichment of its substance since it proposes to summon the persons concerned only after the end of their administrative or electoral term, to limit the control mission to the Court of Auditors and to be satisfied with the declaration of assets of the person concerned and his children, without taking into account the assets declared before taking office. The group of the Islamist party considers that entrusting the mission of the fight against illicit enrichment to the Court of Auditors rather than to justice is synonymous with freezing this provision. For their part, other parties such as the USFP propose the development of a text relating to this provision in order to avoid any ambiguity.

"The draft law amending and supplementing the Penal Code has turned into a major political issue. We all need to have maturity. There are two options: the withdrawal of the text by the head of government or the continuation of the legislative process; and in case of disagreement, it is the vote in plenary session that will allow to settle. Each party must indeed assume its responsibilities," comments Amina Maelainine, PJD deputy.