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2. Reconciling Moroccan laws with its international legal obligations regarding
human rights, especially respecting freedom of expression, association and
assembly
As noted before, Morocco has committed itself constitutionally to the principles of
human rights in their universal dimension. To underscore its commitment, Morocco
has ratified, or joined, most of the relevant international covenants and agreements.
In accordance with international obligations, the Moroccan Constitution guarantees
to all citizens freedoms of opinion and expression in all their manifestations, as well
as freedom of assembly and association. The exercise of these freedoms cannot be
restricted except when the law so requires (Article 9 of the Constitution). Moroccan
legislation sanctifies these constitutional principles and encodes them in various
laws. They found their first manifestation in the Press and Publishing Law, issued on
November 15, 1958, which was later amended in important ways to reconcile
national laws with international agreements relating to human rights and freedom of
thought and expression, which are considered among the most important freedoms
required by democratic regimes.
Freedom of expression: The Press and Publication Law consecrated the right to
publish newspapers, the right to print, publish, and promote books, the right of
citizens to have access to the media, and the right of the media to have access to
sources of information. These freedoms are practiced within the context of the
principles of the constitution, the provisions of the law and the ethics of the
profession (Article 1 of the Press and Publication Law). And while freedom of
expression is an absolute right, its practice entails duties and responsibilities and
can be subject to certain measures, conditions, and penalties when used
irresponsibly and when it infringes on others’ rights and harms their reputation, or
when such restrictions are necessary to protect security, or public order, or public
health, as stated in Article 19 of the Universal Declaration for Human Rights. In this
regard, Moroccan law criminalizes only those acts that contradict the content of
international agreements.
Freedom of assembly: Freedom of assembly is guaranteed by the Constitution
(Article 9). In accordance with international agreements, Moroccan lawmakers
consecrated the freedom of public assembly, in the provisions of Article 1 of the Law
161 Human Rights Watch December 2008