Morocco’s National Human Rights Council sought to limit Prime Minister Abdelilah Benkirane’s appointment powers over the Authority for Parity and the Fight against Discrimination. The source’s introductory wording refers to reducing the share to 55 percent, while its detailed discussion identifies 55 percent as the government’s proposed existing share.
In its advisory opinion on Bill No. 73.14, the council said the prime minister had broad appointment powers at the expense of the other constitutional authorities, the king and parliament.
It considered the prime minister’s priority in the appointment structure—55 percent of appointments—a risk to the authority’s independence as a constitutional institution, given the government’s control of public administration and supervision of public institutions and enterprises.
The council proposed an alternative composition for this specialized human-rights and anti-discrimination institution. In addition to a president and secretary general appointed by royal decree, it would include seven experts recognized nationally and internationally for high expertise and distinguished work in equality, parity, and combating discrimination, especially gender discrimination, subject to a minimum number of years’ experience.
It proposed rewriting Article 4 so that the king appointed two experts, the prime minister two, the president of the House of Representatives one, the president of the House of Councillors one, and the National Council of the Judiciary one. The council said royal appointment of the president, secretary general, and some members would be a fundamental safeguard of independence, as for the institutions covered by Articles 161 and 170 of the constitution.
The council also sought a quasi-judicial role enabling the authority to advocate and join proceedings as a civil party. It recommended powers to become a civil party when prosecutors or another civil party brought a discrimination case within its remit, and to send information on complaints it examined to competent judicial or professional authorities for appropriate action on identified discrimination.