The 2011 Constitutional reform in Morocco: more flaws than merits. Jean Monnet Occasional Paper No. 07/2014

Introduction. In the speech given to both Houses of Parliament on 11 October 2013 during the first parliamentary session, King Mohammed VI said that the “Moroccan democratic model” was “a precursor in the region as well as on the continental level.”1 Similarly, with the purpose of stressing the “democratic exceptionalism”2 of the country, the new government, led by Abdeilah Benkirane, emphasised that Morocco represents a “third way” compared to countries such as Tunisia, Libya or Egypt since it “…has not embarked on a limited process of reform from the top, driven and controlled by the King. Nor has it experienced a revolution brought a angry citizens rising up against the regime. Rather, it has chosen an alternate path based on a genuine partnership between the King and the PJD (Parti de la justice et du développement) that promises to bring about more far-reaching reform than palace alone would grant, without the disruption caused by uncontrolled popular upheaval.”4 It should not be at all surprising that the regime and the new Government consider Morocco a “democratic model” or a “third way.” After all, they are refe country. What is harder to understand is that when discussing the Arab uprisings, even prominent Western political leaders, representatives of the European Union institutions and the mainstream media (when they do not forget about Morocc to praise the process of democratic reform carried out by Mohammed VI. For example, on 12 September 2012, Hillary Clinton, former US Secretary of State, said, “in many ways, the United States looks to Morocco to be a leader and a model […] On political reform, we have all seen remarkable changes taking place across North Africa and the Middle East. I commend Morocco and your government for your efforts to stay ahead of these changes by holding free and fair elections, empowering the elected parliament, taking other steps to ensure that the government reflects the will of the people.”5 Similarly, former French President Nicolas Sarkozy sang the praises of the process that led to the adoption of the new 2011 Constitution: “King Mohammed VI has shown the path towards a profound, peaceful and modern transformation of Moroccan institutions and society […] France fully supports this exemplary process.” Interestingly enough, even at the European Union level the constitutional reform that took more far-reaching reform than palace alone would grant, without the disruption caused by uncontrolled popular upheaval.”4 It should not be at all surprising that the regime and the new Government consider Morocco a “democratic model” or a “third way.” After all, they are refe country. What is harder to understand is that when discussing the Arab uprisings, even prominent Western political leaders, representatives of the European Union institutions and the mainstream media (when they do not forget about Morocc to praise the process of democratic reform carried out by Mohammed VI. For example, on 12 September 2012, Hillary Clinton, former US Secretary of State, said, “in many ways, the United States looks to Morocco to be a leader and a model […] On political reform, we have all seen remarkable changes taking place across North Africa and the Middle East. I commend Morocco and your government for your efforts to stay ahead of these changes by holding free and fair elections, empowering the elected parliament, taking other steps to ensure that the government reflects the will of the people.”5 Similarly, former French President Nicolas Sarkozy sang the praises of the process that led to the adoption of the new 2011 Constitution: “King Mohammed VI has shown the path towards a profound, peaceful and modern transformation of Moroccan institutions and society […] France fully supports this exemplary process.” Interestingly enough, even at the European Union level the constitutional reform that took place in Morocco was considered an extremely positive step taken by the country, as well as a means to strengthen the cooperation between the EU and Morocco. Indeed, according to the High Representative Catherine Ashton, this reform “constitute[s] a significant response to the legitimate aspirations of the Moroccan people and [is] consistent with Morocco’s Advanced Status with the EU.”7 When it comes to the media, it is worth noting that following the ratification of the 2011 Constitution, The New York Times headlined: “All Hail the (Democratic) King.” Even sections of the academic literature have commended the constitutional reform carried out by the Moroccan Sovereign.9 In this paper I argue against the aforementioned idea, according to which Morocco should be considered a model in the region, and in particular I show that the constitution-making process, the 2011 Constitution and its subsequent implementation have more flaws than merits. Accordingly, this paper proceeds in five steps. First of all, I examine the reaction of the regime to the upheavals that broke out in the country after 20 February 2011. Secondly, I analyse the process of constitution showing its main strengths and weaknesses, and comparing it with other constituent processes that took place in the region following the Arab uprisings. In the third section, I highlight the most significant elements of continuity and discontinuity with the previous 1996 Constitution. The fourth section deals with the process of implementation: specifically process is proceeding quite slowly and that in some cases ordinary legislation is in contrast with the new Constitution and international human rights treaties. Moreover, I discuss the role that the judiciary and the Constitutional Court can play in the implementation and interpretation of the Constitution. Finally, I draw some concluding remarks.

Chemistry of Late Quaternary sediments and their interstitial waters of sediment cores from the Nort-West African continental margin

In the sediments of the NW African continental margin the mainly biogenic carbonate constituents become increasingly diluted with terrigenous material as one approaches the coast, as indicated by the carbonate-CO2 content, the Al2O3/SiO2-ratios, and the presence of ammonia fixed to alumino-silicates, predominantly to illites. In the norther area of the investigation - off Cape Blanc and Cape Bojador . the terrigenous constituents are mainly quartz from the Sahara Desert, whereas in the south - off Senegal - more alumino-silicates as clay minerals are admixed with the carbonate constituents. The organic carbon content of the continental slope sediments off Senegal is higher than in samples of the continental rise or of the preservation of organic matter as a result of high production and relatively rapid sedimentation. The zone of manganese-oxide enrichment follows the redox potential of + 330 mV from the surface (0-5 cm) into the sediments (20-30 cm deep) at 2000--3000 m and 3700 m of water depths, respectively. At shallower water depths, low redox potentials preclude deposition of manganese oxides and cause their mobilization from the sediments. About 1/3 of the total sedimentary Zn and 1/4 of the Cu is associated with the carbonate mineral fraction, probably in calcium phosphate overgrowths as a result of the mineralization of phosphorus-containing organic matter. Besides the precipitation of calcium phosphate, the mineralization of organic matter mediated by bacterial sulfate reduction also results in calcium carbonate precipitation and the exchange of ammonia for potassium on illites. Because of these simultaneous reactions, the depth distribution of all mineralization constituents in the interstitial water can be determined using the actual molar carbon-to-nitrogen-to phosphorus ratios of the sedimentary organic matter. The amount of sulfide sulfur in this process indicates the predominance of bacterial sulfate reduction in the sediments off NW Africa. This process also preferentially decomposes nitrogen- and phosphorus-containing organic compounds so organic matter deficient in these elements is characteristic for the rapidly accumulating sediments than today, indicating there was increased production of organic carbon compounds and more favorable conditions of their preservations. During the last interglacial times conditions were similar to those to today. This differentiation with time has also been observed in sediments from the Argentine Basin and from slope off South India indicating perhaps world-wide environmental changes throughout Late Quaternary times.

Cretaceous nannofossils from the Northwest African Margin

Deep Sea Drilling Project Leg 79 recovered Cretaceous nannofossils at two localities, Sites 545 and 547. Species diversity of the Cretaceous coccoliths is high, and the assemblages range in age from early Valanginian-early Hauterivian to latest Maestrichtian. Site 545 and portions of Site 547 can be combined to form a composite section ranging from the upper Aptian-lower Albian to the middle to upper Cenomanian. As defined by nannofossil events, this section represents a complete record of sedimentary deposition. The interval appears to be the most extensive and complete Cretaceous section yet drilled off the Northwest African margin. The Campanian and Maestrichtian sediments found at Site 547 (Hole 547A) are the youngest Cretaceous strata found on the Northwest African margin. Like the middle Cretaceous sections, the uppermost Maestrichtian of this interval also represents a complete record of sedimentation.

Marine fungi from the Northwest African upwelling areas and from the Atlantic off Portugal

Quantitative data on lower marine Phycomycetes (fungi) found in the upwelling waters off the West African coast during cruises No. 13 (1968), 19 (1970), 36 (1975) and 44 (1977) of R.V. "Meteor" are reported. The distribution of the total fungi numbers is presented and, as far as possible, the evaluation of the material up to species level is given. Several provisionally named forms and groups of morphologically related, undescribed fungi are included. A correlation between the number of fungi in sediments and the water depth and distance from the coast line is postulated. There are typical distributions of the lower marine fungi in water bodies and sediments. Different values within replicates of the stations in different years show that there is a sequence in development of fungal populations induced by changes in the water bodies. Surface water far from the coast has low numbers of fungi; numbers increase to a maximum nearer to the coast. In the vicinity of the coast the values decrease. The numbers of fungi in the deep sediments are low below 1,200 m. However, there are isolated areas of higher fungal activities, indicated by some deeper grab samples. During two cruises, the "overlying water" in the grab samples was investigated. It was evident that the numbers of fungi lost by stirring of the sediment when the grab was brought up to the surface were small, relatively and absolutely. The seamount "Josephine Bank" has been investigated for the first time with respect to lower marine fungi; the populations are low in the sediments, but one sample of the surface water had a higher number than the water in the surroundings. In some hydrographic series there was a peculiar depth distribution. An increase occurred at a depth greater than 1,000 m. The results are discussed and some correlations to the aging of the fungal populations in the water masses are constructed.

Description of recent sediments of the East African continental margin

Recent sediments off East Africa coast show 5 fades, parallel the coast: biogene carbonate sand, olivgrey mud, foraminiferal sand, globigerine ooze, and deep sea clay. These sediments decrease progressively in grain size, carbonate content and shell debris away from the coast. They differ in the primary and biogenetic structures, degree of bioturbation, lebensspuren and content of fecal pellets.

Geochemistry of recent marine sediments, interstitial water, and sea water from the West African continental margin

Carbon dioxide, ammonia, and reactive phosphate in the interstitial water of three sediment cores of the West African continental margin result from oxidation of sedimentary organic matter by bacterial sulfate reduction. The proposed model is a modification of one initially suggested by Richards (1965) for processes in anoxic waters: (CH2O)106 (NH3)8 (H3PO4) (0.7-0.2) + 53 SO4**2- =106 CO2 + 106 H20 + 8 NH3 + (0.7 - 0.2) H3PO4 + 53 S**2- The amount of reduced interstitial sulfate, the carbon-to-nitrogen-to-phosphorus atomic ratio of the sedimentary organic matter, as well as small amounts of carbon dioxide, which precipitated as interstitial calcium carbonate, are included in the general oxidation-reduction reaction. Preferential loss of nitrogen and phosphorus from organic matter close to the surface was recorded in both the interstitial water and sediment composition. It appeared that in deeper sections of the core organic carbon compounds were oxidized which were probably in an even lower oxidation state than that indicated by the proposed model. An estimated 2 % of the amount of organic matter still present was oxidized after it became incorporated into the sediment; whereas sulfide sulfur contents indicate that a much larger percentage (15-20%) seemed to have been subject to bacterial oxidation during the Pleistocene period, when a very thin oxidizing layer on the sediment allowed the above decomposition process to start relatively early favoured by almost fresh organic matter, and by almost unrestricted exchange of sulfate with the overlying water.

Geographic distribution of dinoflagellate cysts in surface sediments

Dinoflagellate cysts are useful for reconstructing upper water conditions. For adequate reconstructions detailed information is required about the relationship between modern day environmental conditions and the geographic distribution of cysts in sediments. This Atlas summarises the modern global distribution of 71 organicwalled dinoflagellate cyst species. The synthesis is based on the integration of literature sources together with data of 2405 globally distributed surface sediment samples that have been preparedwith a comparable methodology and taxonomy. The distribution patterns of individual cyst species are being comparedwith environmental factors that are knownto influence dinoflagellate growth, gamete production, encystment, excystment and preservation of their organic-walled cysts: surface water temperature, salinity, nitrate, phosphate, chlorophyll-a concentrations and bottom water oxygen concentrations. Graphs are provided for every species depicting the relationship between seasonal and annual variations of these parameters and the relative abundance of the species. Results have been compared with previously published records; an overview of the ecological significance as well as information about the seasonal production of each individual species is presented. The relationship between the cyst distribution and variation in the aforementioned environmental parameters was analysed by performing a canonical correspondence analysis. All tested variables showed a positive relationship on the 99% confidence level. Sea-surface temperature represents the parameter corresponding to the largest amount of variance within the dataset (40%) followed by nitrate, salinity, phosphate and bottom-water oxygen concentration, which correspond to 34%, 33%, 25% and 24% of the variance, respectively. Characterisations of selected environments as well as a discussion about how these factors could have influenced the final cyst yield in sediments are included.

Immigration literature : abstracts of demographic, economic, and policy studies /

Mode of access: Internet.

World Beats : Beat Generation Writing and the Worlding of U.S. Literature /

A study of the Beat-era writers in a global context. This title was made Open Access by libraries from around the world through Knowledge Unlatched.

Social gathering dialogue between six sisters of the North Family of Shakers, Mt. Lebanon, Columbia County, N.Y.

Advertisement for "The 'Shaker and Shakeress' monthly" on verso of title page (p. [2]).

Books & characters, French & English /

Edmons A4b.

Report of the Governor's Commission for the Study of Problems in the Education of Negroes in North Carolina.

N.C. Newbold, chairman of the commission.