Morocco/ 5.2 Legislation on culture  

The constitution of 1996 refers to the Kingdom of Morocco as an Islamic state with full sovereignty, notes that Arabic is the official language, and that Morocco is a part of the larger Arab Maghreb. The new constitution which was signed on 1 July, 2011, in addition to constitutionalising Amazigh, provides for the need of the state to assist in the protection and development of the Arabic language, as well as the promotion of its use. Likewise, under the draft constitution, the state works for the preservation of the Hassaniya language, as an integral component of unified Moroccan cultural identity, as well as the protection of Hassaniya speakers and of the practical cultural expression of Morocco. Likewise, it sees to the coherence of linguistic policy and national culture and to the learning and mastery of the foreign languages of greatest use in the world, as tools of communication, of integration and of interaction with the knowledge society, and to be open to different cultures and to contemporary civilisation. 


Moreover, a National Council of Languages and of Moroccan Culture is created, charged with the protection and development of the Arabic and Berber languages and of the diverse Moroccan cultural expression, which constitutes authentic patrimony and a source of contemporary inspiration. It brings together the institutions concerned in these domains. An organic law defines its attributes, composition and the modalities of its functioning.


Chapter 1 of the Moroccan constitution stipulates the following:

  • The law shall be the supreme expression of the will of the Nation. All shall abide by it. The law shall have no retroactive effect.
  • All Moroccan citizens shall be equal before the law.
  • Islam shall be the state religion. The state shall guarantee freedom of worship for all.
  • Men and women shall enjoy equal political rights. Any citizen of age enjoying his or her civil and political rights shall be eligible to vote.
  • The constitution shall guarantee all citizens the following:
  • Freedom of movement through, and of settlement in, all parts of the Kingdom;
  • Freedom of opinion, of expression in all its forms, and of public gathering;
  • Freedom of association, and the freedom to belong to any union or political group of choice. No limitation, except by law, shall be put to the exercise of such freedoms.
  • No one shall be arrested, put into custody or penalised except under the circumstances and procedures prescribed by law.
  • The home shall be inviolable. A search warrant shall be issued and investigation ordered under the conditions and procedures prescribed by law.
  • Secrecy of personal correspondence shall be preserved.
  • All citizens shall have equal rights in seeking education and employment.
  • The right to strike shall be guaranteed. Conditions and ways of exercising such a right shall be defined by law.
  • The right to private property and free enterprise shall be guaranteed. The law shall put limitations to its extent and use if so required by the socio-economic development planned for the nation. No expropriation shall be ordered except under such circumstances and provisions as prescribed by law.


These principles were formed from Morocco's cultural history. Sustained interaction with the region fostered interest in building a modern democratic society based on respect for human rights and dignity. These principles constitute the foundation of the current Moroccan cultural policy. All previously-mentioned culture-related laws issued during the past decade manifest these principles.


The best example of that may be laws 3 and 4 issued in 2009, pertaining to the protection of personal data. They in fact complement the Copyright Law and Associated Rights Law [18 and 42, respectively) since both laws perpetuate the freedom of property, the inviolability of home and the secrecy of personal correspondence.


However, the most important cultural legislation is the decree [39] pertaining to the creation of the Royal Institute for Amazigh Culture, which will undoubtedly change Moroccan cultural in the medium and long terms.


It is expected that the regulatory laws for the National Council of Languages and of Moroccan Culture will represent some of the most important legislation in the coming stage, and they inevitably will change. 


On the level of international conventions and treaties, reference may be made to Morocco's ratification of the Convention on the protection and promotion of the diversity of cultural expressions adopted by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) on 4 June, 2013.

 

 

No

Legislative Text

Official Gazette

1

Decree 2.08.544, dated 17 Jul., 2009, implementing and complementing Decree 2.05.830, pertaining to the creation of the Moroccan Book Prize.

Issue 5758, 6 Aug., 2009

2

Decree 2.09.319, dated 11 Jun., 2009, amending and complementing decree 1.59.351 (2 December, 1959) pertaining to the administrative division of Morocco.

Issue 5744, 18 Jun., 2009

3

Decree 2.09.165, dated 21 May, 2009, implementing Law 08.09, pertaining to the protection of persons processing personal data.

Issue 5744, 18 Jun., 2009

4

Decree 1.09.15, dated 18 Feb., 2009, implementing Law 09.08, pertaining to the protection of persons processing personal data.

Issue 5711, 23 Feb., 2009

5

Decree 1.8.73, dated 20 Oct., 2008, complementing Decree 1.02.212 (31 Aug., 2002) creating the High Commission for A-V Communication.

Issue 5679, 6 Dec., 2008

6

Decree 1.07.189, dated 6 Dec., 2007, amending and complementing Decree 1.02.212 (31 Aug. 2002), creating the High Commission for A-V Communication.

Issue 5584, 6 Dec., 2007

7

Decree 1.07.129, dated 30 Nov., 2007, implementing Law 53.05, pertaining to the electronic exchange of legal information.

Issue 5584, 6 Dec., 2007

8

A decision issued by the Minister of Culture on 23 April, 2007, pertaining to the appointment of Artist Card Committee members.

Issue 5539, 2 Jul., 2007

9

Decree 1.06.232, dated 31 Dec., 2006, implementing Finance Law 43/06, stipulating the public tax code for the 2007 fiscal year.

Issue 5487, 1 Jan., 2007

10

Decree 1.06.232, dated 31 Dec., 2006, implementing Finance Law 43/06, stipulating the budget for the National Fund for Environment Protection and Improvement in the 2007 fiscal year.

Issue 5487, 1 Jan., 2007

11

Decree 2.06.328, dated 10 Nov., 2006, pertaining to the MoC’s jurisdictions and organisation.

Issue 5480, 7 Dec., 2006

12

Decree 2.05.1222, dated 10 Oct., 2006, pertaining to artist card delivery conditions and mechanisms.

Issue 5470, 2 Nov., 2006

13

Decree 2.05.830, dated 19 Oct., 2006, creating the Moroccan Book Prize.

Issue 5470, 2 Nov., 2006

14

Decree 2.05.829, dated Oct., 2006, creating the Cultural Merit Prize.

Issue 5470, 2 Nov., 2006

15

Decree 2.05.957, dated 29 Oct., 2006, amending and complementing Decree 2.03.729 (7 Jun., 2004), creating the National Grand Prize for Journalism.

Issue 5470, 2 Nov., 2006

16

Decree 1.06.102, dated 15 Jun., 2006, implementing Law 19.05, which amended Law 22.80, pertaining to the preservation of historical buildings, vistas, inscriptions, artistic pieces and antiquities.

Issue 5398, 23 Feb., 2006

17

Decree 1.06.54, dated 14 Feb., 2006, implementing Law 39.04, ratifying the Convention for the Safeguarding of the Intangible Cultural Heritage, signed in Paris on 17 October, 2003.

Issue 5398, 23 Feb., 2006

18

Decree 1.05.192, dated 14 Feb., 2006, implementing Law 34.05, amending Law 2.00, pertaining to copyright and associated rights.

Issue 5397, 20 Feb., 2006

19

Decree 2.04.969, dated 10 Jan., 2005, implementing Decree 1.58.376 (15 Nov., 1958), pertaining to the association rights.

Issue 5339, 1 Aug., 2005

20

Decree 1.04.257, dated 7 Jan., 2005, implementing Law 77.03, pertaining to audio-visual communication.

Issue 5288, 3 Feb., 2005

21

Decree 2.03.729, dated 7 Jan., 2004, creating the National Grand Prize for Journalism.

Issue 5222, 17 Jun., 2004

22

Decree 1.03.197, dated 11 Nov., 2003, implementing Law 07.03, complementing the penal code concerning crimes related to electronic data processing systems.

Issue 5171, 22 Dec., 2003

23

Decree 1.03.194, dated 11 Sep., 2003, implementing Law 65.99, pertaining to the labour code.

Issue 5167, 8 Dec., 2003

24

Decree 1.03.201, dated 11 Nov., 2003, implementing Law 68.99, pertaining to legal deposition.

Issue 5171, 22 Dec., 2003

25

Decree 1.03.200, dated 11 Nov., 2003, implementing Law 67.99, pertaining to the National Library of the Kingdom of Morocco.

Issue 4285, 22 Dec., 2003

26

Decree 1.03.113, dated 19 Jun., 2003, implementing Law 71.99, pertaining to Moroccan artists.

Issue5126, 17 Jul., 2003

27

Decree 1.03.119, dated 19 Jun., 2003, implementing Law 10.02, creating the Mohammed VI Arabic Language Academy.

Issue 5126, 17 Jul., 2003

28

Decree 1.03.59, dated 12 May, 2003, implementing Law 11.03, pertaining to environmental protection and reclamation.

Issue 5118, 19 Jun., 2003

29

Decree 1.03.60, dated 12 May, 2003, implementing Law 12.03, pertaining to the environmental impact.

Issue 5118, 15 Jun., 2003

30

Decree 1.03.61, dated 12 May, 2003, implementing Law 13.03, pertaining to air pollution.

Issue 5118, 19 Jun., 2003

31

Decree 1.02.207, dated 3 Oct., 2002, implementing Law 77.00, amending Decree 1.58.378 (15 Nov., 1958), pertaining to publishing.

Issue 5075, 20 Jan., 2003

32

Decree 1.02.297, dated 3 Oct., 2002, implementing Law 87.00, pertaining to the collective covenant.

Issue 5058, 21 Nov., 2002

33

Decree 1.02.253, dated 3 Oct., 2002, implementing Law 39.01, amending Law 20.99, pertaining to film industry regulation.

Issue 5054, 7 Nov., 2002

34

Joint decision by the Ministers of Culture, Communication Economy, Finance, Privatisation and Tourism, dated 31 Jul., 2002, determining a method for granting publishing subsidies.

Issue 5034, 30 Sep., 2002

35

Decree 1.02.212, dated 31 Aug., 2002, creating the High Commission for Audio-Visual Communication.

Issue 5035, 2 Sep., 2002

36

Decree 1.02, dated 23 Jul. 2002, implementing Law 75.00, amending Decree 1.58.376 (15 Nov., 1958), pertaining to association rights.

Issue 5046, 10 Oct., 2002

37

Joint decision by the Ministers of Culture, Communication, Economy, Finance, Privatisation and Tourism, dated 31 Jul., 2002, determining a method of granting theatre subsidies.

Issue 5043, 30 Sep., 2002

38

Decree 1.02.188, dated 23 Jul., 2002, implementing Law 53.00, pertaining to the SMEs Collective Covenant.

Issue 5031, 19 Aug., 2002

39

Decree 1.01.299, dated 17 Oct., 2001, pertaining to the creation of the Royal Institute for Amazigh Culture.

Issue 4948, 1 Nov., 2001

40

Decree 1.01.36, dated 15 Feb., 2001, implementing Law 20.99, pertaining to film industry regulation.

Issue 4882, 15 Mar., 2001

41

Decree 2.00345, dated 1 Nov., 2000, pertaining to theatre and book subsidies.

Issue 4848, 16 Nov., 2000

42

Decree 1.00.20, dated 15 Feb., 2000, implementing Law 2.00, pertaining to copyright and association rights.

Issue 4796, 18 May, 2000

43

Decree 1.00195, dated 19 Apr., 2000, implementing Regulatory Law 14.00, amending and complementing Regulatory Finance Law 7.98.

Issue 4788, 20 Apr., 2000

44

Decree 1.98.138, dated 26 Nov., 1998, implementing Regulatory Finance Law 7.98.

Issue 4644, 3 Dec., 1998

45

Decree 1.96.157, dated 7 Oct., 1996, implementing the text of the amended constitution.

Issue 4420, 10 Oct., 1996

46

Decree 1.96.77, dated 29 Jun., 1996, implementing Financial Law 8.96, pertaining to the creation of the Audio-Visual Sector Support Fund for fiscal years 1996-97.

Issue 4391, 1 Jul., 1996

47

Decree by virtue of law 2.92.719, dated 28 Sep., 1992, amending and complementing Decree 1.58.376 (15 Nov., 1958), pertaining to association rights.

Issue 4169(bis), 28 Sept., 1992

48

Decree 1.87.200, dated 30 Dec., 1987, implementing Finance Law 38.87, which imposed taxes on theatres for the benefit of the Moroccan Film Centre in the 1988 fiscal year.

Issue 3922, 30 Dec., 1987

49

Decree 1.82.332, dated 31 Dec., 1982, implementing Finance Law 24.82 for the National Fund for Cultural Work in the 1983 fiscal year.

Issue 3661(bis), 31 Dec., 1982

50

Decree 1.89.341, dated 25 Dec., 1980, implementing Law 22.80, pertaining to the preservation of historical buildings, vistas, inscriptions, artistic pieces and antiquities.

Issue 3564, 18 Feb., 1981

51

Decree 1.77.230 (in the capacity of a law), dated 19 Sep., 1977, pertaining to the reorganisation of the Moroccan Film Festival.

Issue 3387, 28 Sep., 1977

52

Decree 1.76.583, dated 30 Sep., 1976, pertaining to collective organisation.

Issue 3335(bis), 1 Oct., 1976

53

Decree 004.71, dated 12 Oct., 1971, pertaining to public fundraising.

Issue 3077, 20 Oct., 1971

54

Decree 1.69.135, dated 29 Jul., 1970, pertaining to copyright laws.

Issue 3023, 7 Oct., 1970

55

Decree 1.58.378, dated 15 Nov., 1958, pertaining to press laws.

Issue 2404(bis),  27 Nov., 1958

56

Decree 1.58.376, dated 15 Nov., 1958, regulating association rights.

Issue 2404(bis), 7 Sept., 1958

57

Decree dated 21 Jul., 1945, pertaining to the preservation of historical buildings, vistas, inscriptions and old artistic pieces, the maintenance of old cities and architecture.

Issue 1715, 7 Sept., 1945

58

Decree dated 29 Apr., 1917, pertaining to the organisation of municipal councils.

Issue 210, 7 May 1917

59

Decree dated 23 Jun., 1916, pertaining to copyright laws.

Issue 166, 3 Jul., 1916

60

Decree dated 14 Feb., 1914, pertaining to antiquities and precious items.

Issue 43, 27  Feb., 1914

 

 

It is expected that in 2013, Morocco will witness the implementation of new programs and legislative amendments issuing and updating articles and laws in force in the cultural field, in light of the new constitution and the reality of practices, along with the simplification of administrative procedures in force. This relates to the following texts:

New Draft Laws:

  • Contribute to the preparation of a modern regulatory law for the National Council of Languages and Moroccan Culture
  • Issuing the organisational text for the artist's law No. 71.99 by implementing dahir no. 1.03.11, issued on July 19, 2003
  • Issuing the organisational text concerned with support for cultural and artistic associations and bodies according to precise standards and clear mechanisms
  • Issuing the organisational texts to implement law No. 69.99, concerned with Morocco's archives. 
  • Issuing a resolution concerned with specifying a list of museums that will be under the control of the National Museums Foundation according to the requirements of Law No. 01.09, which established the National Museums Foundation
  • Issuing a law concerned with the living treasures system
  • Issuing a charter for the protection of natural cultural heritage
  • Establishing a legal formula for regulating the graphic arts centre
  • Establishing a legal formula for centres for theatrical composition
  • Proposed Law Amendments:
  • Amendment to the law governing the National Institute of Archaeology and Heritage No. 2.10.623, issued on 19 October, 2011
  • Amendment to the law governing the Higher Institute for Theatre Arts and Cultural Activity No. 2.10.624, issued on 19 October, 2011
  • Amendment to the law governing the National Institute of Fine Arts in Tetouan No. 2.93.135, issued on April 29, 1993
  • Reconsidering dahir no. 1.80.341, from 25 December, 1980, on the issue of implementing Law No. 22.80, related to the preservation of historic buildings, landscapes, inscriptions, artefacts, and antiquities 
  • Reconsidering the modern dahir issued by Mohammed V No. 1.72.293, on 22 February, 1973 

 


Chapter published: 05-05-2016


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