Following the House of Representatives Speaker request on October 6, 2020, the National Human Rights Council (CNDH), submitted its opinion on draft Law No. 46-19 related to the National Authority for Probity, Prevention and Fight Against Corruption.
The submission of the CNDH opinion is part of the implementation of Articles 24 and 25 of Law No. 76-15 on the CNDH reorganization. Article 24 states that the Council proposes any recommendation it deems appropriate… The CNDH Chairperson submits it to the two Speakers of the two Houses of the Parliament and the competent government authorities. Article 25 is related to expressing opinions on draft laws and proposals related to human rights, etc.
The CNDH’s opinion includes observations and recommendations. They aim to contribute to enhancing the consistency of the draft law text with the human rights achievements founded by the Kingdom’s Constitution in letter and spirit. They also intend to contribute to harmonizing the draft law with the international human rights standards and best practices.
Besides, they aim to strengthen the requirements of the text with contents that would effectively guarantee the promotion of the Authority mandate and its exercise. This should ensure the effective implementation of the law in combating corruption, considering this latter a human rights violation. Corruption is also a major cause for the weakness of the effectiveness of rights in Morocco. It is one of the obstacles that prevent citizens from accessing their economic and social rights effectively.
The CNDH opinion includes nine observations and recommendations aiming, mainly, at strengthening the mandate of the Authority in fighting corruption and scrutinizing some legal requirements.
Based on a comparative study of institutional formulas adopted in combating corruption around the world, the CNDH concludes that there are three major models. They range from preventing corruption to combating it or combining both.
The CNDH finds that the assignment of monitoring and investigating corruption issues is the common denominator among all models in which anti-corruption bodies carry out powers through law enforcement.
However, the CNDH recommends strengthening the Authority’s mandate in the field of combating corruption, especially with regard to receiving notifications, complaints, information, and conducting investigation procedures.
Furthermore, the CNDH recommends defining the Authority's jurisdiction and clarifying more precisely the limits of the overlapping jurisdiction with the judicial authority’s one. It also recommends providing for the Authority’s own means and procedures that enable it to automatically address cases of corruption and empower it to conduct investigations it deems necessary and appropriate under its responsibility.
The CNDH considers that this Bill’s provisions are an opportunity to develop some aspects of the national legal arsenal related to fighting corruption, especially the penal code and penal procedure code. Consequently, it will enhance complementarity between anti-corruption efforts and strengthening guarantees to protect human rights, etc.
Download CNDH’s opinion on Bill No. 46-19 (Available in Arabic)
