Corruption cannot be fought with corrupt parties.

Said Elakhal
2024 / 5 / 4

The 2011 Constitution stipulates in Chapter 36 the punishment of
"The infractions relative to conflicts of interest, to insider crimes [delits d initie], and all infractions of financial order". It also obligated public authorities to confront " all forms of delinquency arising from the activity of the administrations and of the pubic organs [organismes], from the use of funds which they control [disposent], as well as from transfers [passation] and from the management of public markets. Influence trafficking and [trafficking] in privileges, the abuse of a dominant position and of monopoly, and all the other practices contrary to the principles of free and fair competition in economic relations".
The constitution also stipulated the creation of "A National Instance of Probity, of Prevention and for the struggle against Corruption" which was created in 2015, setting the “National Anti-Corruption Strategy” with the vision of “consolidating probity and concretely reducing corruption in Morocco by 2025,” making its primary goals:
— Making corruption a tangible and continuous downward trend and enhancing citizens’ confidence.
— improving the probity of the business climate and Morocco’s position internationally.

Nine years after establishing "A National Instance of Probity, of Prevention and for the Struggle against Corruption", Morocco’s ranking in the Corruption Perceptions Index has not reflected any improvement. Rather, it fell to 97th place globally out of 180 countries, after it was ranked 88th in 2015, and 80th out of 183 countries in 2011. This requires researching the reasons for the failure of the anti-corruption strategy to achieve its goals. It is only a few months away from the 2025 horizon. The reasons are not related to the constitutional framework, as it is clear in the government’s obligation to confront corruption and the necessity of "the correlation between the responsibility for and the rendering of accounts". which His Majesty stressed in the 2017 Throne Speech: "I must insist, in this respect, on the need to apply rigorously the provisions of the second paragraph of Article 1 of the Constitution, which links public office with accountability. This is the dawn of a new era in which there is no difference between officials and citizens as far as civic rights and obligations are concerned--;-- nor is there room for shirking responsibility´-or-avoiding sanctions ".

In addition to the royal will, all constitutional and legal elements are available to link responsibility and accountability. The constitution is clear, in more than one chapter, that every official must be subject to accountability and not escape punishment, as is clear in the first chapter of the constitution: "The constitutional regime of the Kingdom is founded on the separation, the balance and the collaboration of the powers, as well as on participative democracy of [the] citizen, and the principles of good governance and of the correlation between the responsibility for and the rendering of accounts"--;--´-or-in Chapter 154, which states that "The public services.. are submitted to the norms of quality, of transparency, of the rendering of accounts and of responsibility, and are governed by the democratic principles and values consecrated by the Constitution".
As for the legal framework, it contains sufficient chapters to hold the corrupt, bribes accountable notably Article 36, which requires that “public authorities must prevent, in accordance with the law, all forms of deviation related to the activity of public administrations and bodies, the use of funds at their disposal, and the conclusion and management of public transactions.” To discourage these deviations, the law punishes excessive exploitation of positions of influence and privilege, positions of monopoly and dominance, and other practices that violate the principles of free and legitimate competition in economic relations. All this legal and constitutional arsenal proved its inability to confront/fight corruption and the plundering/looting of public money with all seriousness and severity. This situation requires searching for other factors for the defect.
As for the legal framework, it contains sufficient chapters to hold the corrupt, bribes accountable notably Article 36, which requires that “public authorities must prevent, in accordance with the law, all forms of deviation related to the activity of public administrations and bodies, the use of funds at their disposal, and the conclusion and management of public transactions.” To discourage these deviations, the law punishes excessive exploitation of positions of influence and privilege, positions of monopoly and dominance, and other practices that violate the principles of free and legitimate competition in economic relations. All this legal and constitutional Arsenal proved its inability to confront/fight corruption and the plundering/looting of public money with all seriousness and severity. This situation requires searching for other factors for the defect.
In 1796, US President George Washington strongly criticized political parties for providing the opportunity for “deceitful, ambitious, and unprincipled men to subvert the authority of the people.” The situation in which the Moroccan parties are today is no different from that which the American President criticized. It opened its doors to corrupt and venal elements, thus encouraging corruption, disrupting the constitution, and violating the law. Which provided protection for those venal elements that we find in Parliament as well as in the territorial councils. His Majesty previously called on the parties to choose their candidates well to manage public affairs, as in the speech of July 30, 2016(I also call on political parties to endorse representatives who meet the requirements of competence, integrity, responsibility and keenness to serve citizens). The parties ignored the royal call and produced governments and parliaments that lacked the strong political will to fight corruption and hold the corrupt accountable. This is what was pointed out by the “Integrity Letter 5” issued by the "National Instance of Probity, of Prevention and for the Struggle against Corruption", in March 2024, as it --dir--ected its criticism at the government’s inability and unwillingness to fight corruption and attributed its spread to two factors. First: “Officials who violate the law and expose themselves to corruption are not adequately pursued”--;-- Second: “The government’s inability to contain corruption and the lack of a probity mechanism.”
In 1796, US President George Washington strongly criticized political parties for providing the opportunity for “deceitful, ambitious, and unprincipled men to subvert the authority of the people.” The situation in which the Moroccan parties are today is no different from that which the American President criticized. It opened its doors to corrupt and venal elements, thus encouraging corruption, disrupting the constitution, and violating the law, which protected those venal elements that we find in Parliament as well as in the territorial councils. His Majesty previously called on the parties to choose their candidates well to manage public affairs, as in the speech of July 30, 2016(I also call on political parties to endorse representatives who meet the requirements of competence, integrity, responsibility, and keenness to serve citizens). The parties ignored the royal call and produced governments and parliaments that lacked the strong political will to fight corruption and hold the corrupt accountable. This is what was pointed out by the “Integrity Letter 5” issued by the "National Instance of Probity, of Prevention and for the Struggle against Corruption", in March 2024, as it --dir--ected its criticism at the government’s inability and unwillingness to fight corruption and attributed its spread to two factors. First, “Officials who violate the law and expose themselves to corruption are not adequately pursued”--;-- Second, “The government’s inability to contain corruption and the lack of a transparency mechanism.”
Therefore, it is not possible to fight corruption with parties that are riddled with corruption and inhabited by corrupt people. This is because corruption, as stated in the message addressed by His Majesty the King to the 31st African --union-- Summit held in the Mauritanian capital, Nouakchott, under the slogan “Winning the Battle Against Corruption: A Sustainable Path to Transforming Africa,” July 2018: “Corruption contributes to the deviation of the rules of democratic practice, and to Undermining the rule of rights and law--;-- It also leads to a deterioration in the quality of life, the spread of organized crime, insecurity and terrorism.” These deviations are widespread in our Moroccan reality and were revealed in the reports of the Supreme Council of Accounts without the successive governments having the strong will to prosecute and hold all those involved accountable, in the implementation of the royal --dir--ective (fighting corruption is the issue of the state and society: the state and its institutions, by activating legal mechanisms to combat this dangerous phenomenon, and criminalizing all... manifestations, and being severely attacked by spoilers).
Therefore, it is not possible to fight corruption with parties that are riddled with corruption and inhabited by corrupt people. This is because of corruption, as stated in the message addressed by His Majesty the King to the 31st African --union-- Summit held in the Mauritanian capital, Nouakchott, under the slogan “Winning the Battle Against Corruption: A Sustainable Path to Transforming Africa,” July 2018, “Corruption contributes to the deviation of the rules of democratic practice, and to Undermining the rule of rights and law--;-- It also leads to a deterioration in the quality of life, the spread of organized crime, insecurity and terrorism.” These deviations are widespread in our Moroccan reality and were revealed in the reports of the Supreme Council of Accounts without the successive governments having the strong will to prosecute and hold all those involved accountable, in the implementation of the royal --dir--ective (fighting corruption is the issue of the state and society: the state and its institutions, by activating legal mechanisms to combat this dangerous phenomenon, and criminalizing all... manifestations, and being severely attacked by spoilers).
“The danger of corruption and the lack of linking responsibility to accountability is not-limit-ed to the loss of confidence in political parties, but extends to the economy, as it costs Morocco 5% of the gross domestic product(GDP), according to the Moroccan Association for the Protection of Public Finances. This is --dir--ectly reflected in Morocco’s classification in the development index, as It ranked 120th globally. There is no way out of this situation except by activating the principle of linking responsibility to accountability by transferring all reports completed by the Supreme Council of Accounts to the attention of justice to be decided with reasonable speed that leaves no room for those involved in corruption to escape punishment.
The Marocan experience reveals that the main entrance to the fight against corruption consists of adding the Ministry of Justice to the ministries of sovereignty and activating the “Where did you get this from” law and hardening illegal enrichment punishment
“The danger of corruption and the lack of linking responsibility to accountability is not-limit-ed to the loss of confidence in political parties, but extends to the economy, as it costs Morocco 5% of the gross domestic product (GDP), according to the Moroccan Association for the Protection of Public Finances. This is --dir--ectly reflected in Morocco’s classification in the development index, as it is ranked 120th globally. There is no way out of this situation except by activating the principle of linking responsibility to accountability by transferring all reports completed by the Supreme Council of Accounts to the attention of justice to be decided with reasonable speed that leaves no room for those involved in corruption to escape punishment.
The Marocan experience reveals that the main entrance to the fight against corruption consists of adding the Ministry of Justice to the ministries of sovereignty and activating the “Where did you get this from” law and hardening illegal enrichment punishment.




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