Setting up an Electronic Platform for “Citizen Participation” (MO0015)

Setting up an electronic platform for “citizen participation”
August 2018 – August 2019
Lead implementing agency/actor
Delegated Ministry to the Head of Government, Responsible for Relations with Parliament and Civil Society
Commitment description
What is the public problem that the commitment will address?
The legal framework for citizen participation was created for petitions and motions. It is now being developed for public consultations. An electronic platform is in the process of being set up to this end, to render the provisions of this legal framework operational, and to help citizens exercise their new right related to citizen participation.
What is the commitment
The commitment consists of setting up a “citizen participation” electronic
platform that covers the three processes: petitions, motions, and public consultations, as well as all training, technical support, and maintenance services. Citizens would be able to submit petitions via the online portal to the parliament, to the government or to local governments following the legal procedures. Citizens can also use the portal to submit legislative motions to the parliament. Additionally, public authorities can use the site to launch a public consultation about questions, decisions or policies.
How will the commitment contribute to solve the public problem?
The commitment will have the following goals: ▪ Help citizens exercise their new rights tied to citizen participation (presentation of petitions to public authorities, legislative motions, and public consultations); ▪ Expand the exercise of this right across all of Morocco.
Why is this commitment relevant to OGP values?
This project is a measure that renders citizen participation operational.
Additional information
This platform will support citizens and civil society associations in exercising their new rights of citizen participation ▪ Related commitment: Commitments 14 & 16
Milestone Activity with a verifiable deliverable
Launch of the platform
Training on the platform (platform user guide)
Awareness raising about the platform in the 12 regions and through the various trainings organised by the Ministry for associations
Contact information for the focal point
Name of focal point (project manager)
Ms Halima GHIATE
Title and department
Delegated Ministry to the Head of
Email and telephone
+212608853612, +2126654090783 [email protected], [email protected]
Other actors involved
actors involved ▪ Ministerial departments ▪ The Parliament ▪ Local political bodies
Civil society

Commitment 15: Online Citizen Participation Platform

Language of the commitment as it appears in the action plan:

“The legal framework for citizen participation was created for petitions and motions. It is now being developed for public consultations. An electronic platform is in the process of being set up to this end, to render the provisions of this legal framework operational, and to help citizens exercise their new right related to citizen participation.

The commitment consists of setting up a “citizen participation” electronic platform that covers the three processes: petitions, motions, and public consultations, as well as all training, technical support, and maintenance services. Citizens would be able to submit petitions via the online portal to the parliament, to the government or to local governments following the legal procedures. Citizens can also use the portal to submit legislative motions to the parliament. Additionally, public authorities can use the site to launch a public consultation about questions, decisions or policies.

The commitment will have the following goals:

• Help citizens exercise their new rights tied to citizen participation (presentation of petitions to public authorities, legislative motions, and public consultations);
• Expand the exercise of this right across all of Morocco

Milestones:

• Launch of the platform,
• Training on the platform (platform user guide)
• Awareness raising about the platform in the 12 regions and through the various trainings organized by the Ministry for associations.”

Start Date: August 2018

End Date: August 2019

Editorial Note: the commitment description provided above is an abridged version of the commitment text, please see the full action plan here: https://www.opengovpartnership.org/documents/morocco-action-plan-2018-2020/

Context and objectives

Morocco's 2011 constitutional reforms and subsequent organic laws fundamentally changed the relationship between citizens and the state by creating spaces for civic participation where none previously existed. Articles 14 and 15 of the Moroccan Constitution grant citizens the right to submit motions and petitions to public authorities. [140] Organic Law 44.14 (2016) established the regulatory framework for the right to submit petitions while Organic Law 64.44 (2016) established the regulatory framework for citizens to submit motions on legislative matters. ^[141] Article 139 of the constitution and complementary organic laws established the right to petition local government. [142] This commitment seeks to implement this legal framework through the launch of the eparticipation.ma platform. This platform would enable citizens to submit petitions directly to the Head of Government, President of the House of Representatives, President of the Council of Ministers or to the Presidents of local government councils.  It would also enable citizens to submit legislative motions directly to Parliament. [143]

Very few petitions and no motions have been submitted to government in the first few years of the new legal framework. According to data from 2019, only five petitions have been submitted to the national government. [144] Government response to these petitions was initially slow. For example, a petition presented in January 2017 received government feedback in July 2018, and an official response online in November of 2019. [145] Ahmed Bernoussi, Secretary General of Transparency Morocco, notes that this commitment's ambition would be improved if a timeline for government response to submissions was implemented. ^[146] The government states that this petition was received before the promulgation of the implementing decrees for petitions and motions or the creation of the Petitions Committee. The government notes that petitions received following the decrees and establishment of the commission have been addressed within the required timeframe. [147] Positively, over 200 petitions have been submitted to local governments. Based on information from 2019, there had been some successful petitions at the local level that resulted in new roads and local cultural centers. [148]

According to civil society, the organic laws' restrictive nature is a significant limiting factor to the ability of citizens to impact policymaking through petitions and motions. [149] Petitions require 5,000 signatures and motions require 25,000 signatures to be submitted to government. [150] This is considered a burdensome threshold by many civil society members and the National Council for Human Rights. Until the creation of the e-participation portal, signatures had to be collected by hand and each accompanied with a national ID card. All signatories must be a registered voter, which significantly reduces the number of citizens able to participate in petitions and motions. In 2019, only 15 out of 22 million Moroccans were on the electoral roll. [151] Ismail Allouki, acting director for Sim Sim, states that the law is vague on the validity of digital signatures. ^[152] Additionally, there are restrictions on the topics which petitions can cover. Petitions may not address issues related to domestic security, the monarchy, religion, or trade unionism, for example. Language around admissibility is also vague as petitions must be 'in the public interest,' 'lawful, and 'clearly written.' [153] Due to these factors, Dr. Azzedine Akesbi is wary that the process may prove to only be consultative. ^[154]

Optimistically, the right to petition has been exercised at the local level. Local petitions only require 500 signatures to submit a topic for consideration at local council meetings. Petitions must address issues within the local government's remit and therefore most often pertain to public services and urban planning. [155] The positive impact of lowering signature thresholds is evident in the higher rate of use and tangible outcomes of petitions at the local level. At the time of writing, the Government of Morocco reports that a commission is evaluating the relevant organic laws two years after their enactment. [156] This importantly provides the opportunity for such restrictions to be lifted.

If implemented as written, the commitment has a moderate potential to increase civic participation by putting Articles 14 and 15 of the Constitution into action. The creation of an online platform to collect signatures and submit petitions and motions at the national and local level is an important step in making the citizen right to influence policymaking accessible. However, the legal limitations on the petitioning process reduce the potential impact of the e-participation platform. Collectively, broadening the legal framework for civic participation, implementing the e-participation platform, and conducting widespread and inclusive trainings (Commitment 16) would add up to an ambitious open government reform. Evidence that these activities opened government would include proof that the government of Morocco considered and responded to petitions and motions submitted to government and, most importantly, proof that petitions and motions resulted in policies that reflect citizen input. This commitment is verifiable and relevant to OGP values of civic participation and technology and innovation for transparency and accountability.

Next steps:

While continuing participatory democracy reforms, the IRM recommends that implementors consider the following:

• The government should collaborate with civil society to review the organic laws and procedures around filing motions and petitions to ensure that requirements are simple and achievable so that the right is easily accessible to all citizens;
• The government should establish a timeframe in which a public response must be provided for all petitions and motions filed;
• The government should collaborate with civil society to ensure a transparent process for the consideration and adoption of submissions, as well as transparency around the number, type, and outcome of submissions, particularly in cases where submissions were rejected;
• The submission criteria should be broadened to allow petitions and motions in Amazigh, French, Spanish, and English;
• The website’s design and subsequent training could be inclusive for people with a disability or who are illiterate.

15. Online Citizen Participation Platform

Substantial:

Aim of the commitment

Morocco's 2011 constitutional reforms and subsequent organic laws fundamentally changed the relationship between citizens and the state by creating spaces for civic participation where none previously existed. Articles 14 and 15 of the Moroccan Constitution grant citizens the right to submit motions and petitions to public authorities. [158] Organic Law 44.14 (2015) established the regulatory framework for the right to submit petitions, [159] while Organic Law 64.44 (2016) established the regulatory framework for citizens to submit motions on legislative matters. [160] Article 139 of the constitution and complementary organic laws established the right to petition local government. [161] This commitment sought to implement this legal framework through the launch of the eparticipation.ma platform, [162] which would enable citizens to submit motions and petitions directly to the national and local government. [163]

Did it open government?

Major

The Department in charge of Relations with Parliament of the Ministry of Human Rights and Relations with Parliament built and launched the eparticipation.ma platform in July 2018, [164] several days before the start of the OGP national action plan in August 2018. The Department also drafted and published on the platform guides on submitting petitions with the central [165] and local [166] governments, as well as on filing motions with the central government, [167] and on using the portal. [168] According to the self-assessment report, the Department started awareness-raising activities on the new platform in one region—Souss-Massa—but did not carry out these activities in the other 11 regions of Morocco [169] due to the COVID-19 crisis, according to Halima Ghiate, Director of Directorate in the Ministry. [170] However, as discussed under commitment 16, the government carried out a country-wide awareness-raising campaign on the right to submit petitions and motions. Overall, this commitment was substantially completed.

The IRM researcher could not access the list of petitions in late July 2021, because of a security problem related to the platform’s expired certificates. [171] This is evidence of the technical problems that hamper the functioning of the platform. A research paper by Abderrafie Zaanoun points out other technical difficulties related to scanning certain documents, as well as failing to update the portal’s services or upgrade the digital solutions it offers to promote citizen participation. [172] The paper notes the need to further the use of electronic signatures, but also notes low numbers of electronic signatures used for petitions so far, after an option for this type of signature was introduced in 2021. [173]

As of August 2021, there was one motion and 11 petitions uploaded to the platform, with four petitions meeting the requirements for consideration by the parliamentary committee. In particular, Zaanoun notes two examples of successful national petitions. One concerns the establishment of a fund to fight cancer, which was accepted by the government on 28 September 2020; however, it was still awaiting implementation in May 2021. [174] The other petition accepted by Parliament on 7 June 2021, [175] concerns the establishment of true constitutional gender parity by 2030. [176] At the time of writing, Morocco’s second action plan includes a draft commitment to increase gender parity in government administrations. The IRM was unable to determine whether this draft commitment is in response to the petition accepted by parliament. So far, no legislative motions have been presented to the parliament through the portal. However, at the time of writing in August 2021, the first motion, related to women’s economic rights during a divorce, was in the process of collecting signatures. [177]

Besides technical challenges, Zaanoun also notes that the integrity of the process is threatened by procedural complexity. The government should partner with civil society to continue efforts to make the petition and motion submission process accessible to the general public. If citizens are hindered by a complex legal and regulatory process, this may leave the process vulnerable to politicians interested in coopting petitions to further their political aims, as the paper notes in its conclusion. [178]

On a positive note, in July 2021, the Lower House passed amendments to lower the signature threshold, legally accept electronic signatures, and remove the requirement for signatories to include a national identity card. [179] Lowering the signature threshold and accepting electronic signatures promises to significantly increase the ability of civil society and the public to make their voices heard through petitions. Previously, petitions required collecting paper signatures from registered voters only. Overall, the launch and operation of the eparticipation.ma platform is a major step toward opening government by helping citizens submit and track their petitions and motions online. However, there continues to be opportunity to address technical difficulties, and low awareness and use in the platform’s early stages.