Adopt and Implement Public Services Charter (MO0027)

CHALLENGE The relationship between public services and their users experiences disparities in terms of responding to their aspirations and needs, due to the divergence in organization and management of resources. In addition, the environment of public services is changing and evolving, as highlighted in numerous reports mentioned in royal speeches. This is due to : • The multiplicity of types of public services and the divergence of legislation and regulations governing each of these public services (around 35 ministerial departments, 1,600 territorial collectivities, and more than 800 establishments and public entities, in addition to the other public and private organizations invested in public service) ; • The quality of services provided to users varies according to the type of public service ; • The lack of professionalism in the delivery of services due to the absence of a system that oversees the relationship between public services and users, from the point of accessing these services to obtaining the requested service ; • The lack of a coherent and hierarchical framework of laws and regulations ; • The shortcomings of the current system in implementing the principle of accountability as well as the various recommendations issued by governance institutions. In this context, the Moroccan Constitution has dedicated specific provisions to good governance, outlining the foundations and principles for the management of public services. Article 157 foresees the development of a public service charter, specifying the rules of good governance related to the operation of public administrations, and local authorities. However, this charter has not yet been adopted.

PROPOSED SOLUTION Adoption of a public service charter that outlines the principles and rules of governance in public administrations, regions and territorial collectivities, this includes the following: • The efficiency and effectiveness of public services in terms of human resources management and facilities management; The relationship of public services with users in terms of openness and communication, delivery of public services, claims processing and carrying out judicial decisions; • Enhancing the morality of public services through the development of codes of ethics and programs to promote values of integrity ; • The creation of a national observatory of public services in order to monitor the level of efficiency of public services, their performance and quality. In order to give a concrete aspect to the Charter and to ensure the mobilization of all the actors concerned in the implementation of its provisions, a roadmap will be elaborated around the implementation mechanisms for the of governance model and training and communication actions.

EXPECTED RESULTS ▪Apply the same rules and principles of management to the different categories of public services; • ▪Ensure the convergence and coherence of programs, integration of initiatives and synergy of public service resources ; • Improve the quality of services provided to beneficiaries.

PERFORMANCE INDICATORS ▪Publication of the charter in the official Gazette; • ▪Number of roadmap measures implemented ; • ▪Number of communication actions implemented to promote the charter.

IMPACT INDICATORS • Number of public services having adopted the charter.

See action plan for milestone activities.

Action Plan Review

Commitment 3. Promulgation and Implementation of the Public Service Charter

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest

[Implementing agency: initially Ministry of Economy, Finance and Administrative Reform - Department of Administrative Reform. As of November 2021, Minister Delegate for the Head of Government in charge of Digital Transition and Administrative Reform]

For a complete description of the commitment see Commitment 3 in the action plan: https://www.opengovpartnership.org/documents/morocco-action-plan-2021-2023/

Context and objectives

Since the 2011 Constitution, the government of Morocco has sought to modernize public services. Article 157 of the Constitution [1] foresees the development of a Public Service Charter, specifying the rules of good governance related to the operation of public administrations, regions, local authorities, and other public institutions. [2] Regarding open government, the Public Service Charter and accompanying legislation will provide specific rules and, in some cases, the legal basis for furthering access to information and public accountability.

The commitment aims to implement law n° 54-19 on the Public Service Charter, which was adopted by Parliament in June 2021 [3] and promulgated on 14 July 2021. [4] The commitment, proposed by the government, continues efforts to establish a legally binding public services framework under Commitments 8, 9, and 10 of the previous action plan. [5] Initially the Department of Administrative Reform in the Ministry of Economy, Finance and Administrative Reform was set to oversee implementation. Due to the October 2021 change of cabinet, this department is now under the newly established Ministry of Digital Transition and Administrative Reform. [6]

Potential for results: Modest

The action plan notes that Morocco's public service system does not currently respond to the aspirations and needs of citizens. This is due to a divergence of legislation and multiplicity of types of public services, the varying quality of services, the lack of oversight and accountability in the provision of public services, and the lack of a coherent and hierarchical framework of laws and regulations. In February 2018, King Mohammed VI called for the government to prioritize adoption of the Public Service Charter and for its implementation to be made mandatory to address "bribery, corruption, abuse of power or neglect of one’s duties” in the administration and management of public service delivery. [7] He stated, “We must simplify civil service legislation and strictly apply the regulations governing administrative posts and public institutions, making sure those holding public office can be held to account, where necessary.” [8]

Hatim Mouradi from the Department of Administrative Reform emphasized that the Public Service Charter aims to mend to deficiencies in administration of public service provision by providing a common legal framework and administrative practices concerning all administrations, local authorities, and public institutions. [9] The law n° 54-19 on the Charter of Public Services provides for good governance rules, including provisions related to the rule of law and codification of legal texts. [10] The Charter also sets a common framework on the administration of public services, along with a new grid for the evaluation of public services, guarantees for citizens through redress procedures, accountability and transparency mechanisms through triannual action plans on public services. [11] Lastly, Article 35 of the law provides for the creation of a national observatory of public services, which will collect data, carry out studies and research on public services, as well as evaluate the impact and efficiency of strategies, plans, and programs on public services. The observatory will also formulate proposals for measures to improve the performance and quality of public services. [12] As the action plans points out, a future decree is needed to determine the functioning of the observatory. [13]

Implementation of the Public Service Charter presents an opportunity to institutionalize transparency, civic participation, and public accountability in public service delivery. Hatim Mouradi stressed the importance of Article 16 of the law, which mandates government response to the grievances of citizens, and resorting to mediation to resolve disputes that may arise. [14] According to Mouradi, Article 16 is the provision of a legal basis for the 2017 Decree on Complaints [15] and for the functioning of the related national platform Chikaya [16] through which government bodies collect and respond to complaints regarding public services (for a review of Chikaya, see the Morocco transitional results report for 2018-2020, Commitment 10). Mouradi pointed out the several different rules on transparency—Articles 6, 10, 12, 15 and 30— on the publication of information related to public services obliged to be produced under the law. [17]

This commitment is evaluated to have a modest potential to strengthen open government practices in public service delivery. The Public Service Charter is a cornerstone of public service reform and legal rulemaking for Morocco. Implementation of the Public Service Charter, according to Mouradi, will lead to the amendment or adoption of many (a few dozen) other legal texts. Implementation will start with evaluation of anticipated activities and coordination among relevant public administrations to inform an implementation roadmap. The evaluation, adoption of legal texts and coordination with other institutions could be a challenge for the timely implementation of the Charter. Notably, the law itself was finalized as a draft by the government in July 2019, [18] but it took almost exactly two years for it to be adopted by parliament and eventually promulgated in July 2021. [19] Given the breadth and complexity of implementing this reform, many of the benefits of enacting the Public Service Charter will likely not come into view until after the implementation period. The ultimate measure of this reform’s impact will be the extent to which the transparency, accountability, and civic participation elements introduced through these legal reforms contribute to an improvement in the delivery of public services in Morocco, along with the speed and quality of responses to complaints.

Opportunities, challenges and recommendations during implementation

Hatim Mouradi identifies the need for all public administrations to participate as a challenge to implementation, particularly when it comes to engagement across various types, such as local authorities. [20] The 2021 change of government and resulting reshuffle of government structures and priorities also presents both a challenge and opportunity, from Mouradi’s perspective. The government at the time of writing has prioritized establishing the national observatory, as well as the measures that are directly focused on citizens such as the improvement of reception spaces and the users’ charters, which provide information on users’ rights in the provision of public services. [21]

The extent to which civil society and the public collaborate in the establishment of a legal and institutional framework for public service delivery will be an important open government indicator at the end of the action plan period. Moreover, this commitment has the potential to bring about substantial open government reform in the longer term if it results in co-created strong legal and institutional mechanisms that empower citizens to hold public service providers to account. The government should engage civil society and the public throughout the drafting, amending and adoption process to ensure a legal framework that strengthens accountability and civic participation in public service delivery. The government should seek out diverse and representative civil society organizations, including those representing marginalized populations who disproportionately rely on public services such as women, youth, the elderly, and persons with disabilities. Collaborative development of the laws and regulations that determine the functioning of the national observatory is one such important opportunity to ensure that channels for public participation and accountability are built into the observatory's standard practices.

Morocco can look to examples such as the Philippines, who have institutionalized public accountability channels in public service delivery across successive action plans. In their 2015 action plan, the Philippines achieved their target of acting on 90% of complaints received in the public service complaints mechanism. The government also increased the number of institutions subject to a Citizens' Report Card and eligible for a 'Citizen’s Satisfaction Center Seal of Excellence Award' based on the results. [22]

To achieve notable early open government results, the IRM recommends that implementers undertake an open and participatory approach to establishing the laws, regulations, and institutions to implement the Public Service Charter. Best practices for inclusive regulatory governance can be found in the OGP report on regulatory governance, in particular: [23]

● Make use of the eParticipation portal and other channels to provide transparency around existing regulations and laws, those up for review, and advance notice of drafting processes for new regulations and laws.

● Make use of the eParticipation portal and other channels to provide the opportunity for public comments on draft regulations and laws and provide a reasoned response as to how public input was reflected in the draft text. Provide offline channels to inform the public of upcoming drafting processes and opportunities to engage.

● Raise awareness about the new and/or improved tools provided by the Public Services Charter, e.g., for redress of complaints or grievances, combined with information events and outreach to communities to explain the benefits and opportunities they bring.

Results Report

Commitment 3. Promulgation and Implementation of the Public Service Charter

Commitment 3 aimed to implement Law n° 54-19 ^[10] on the Public Service Charter, which was adopted by Parliament in June 2021 and promulgated on 14 July 2021. The commitment, proposed by the government, continued efforts to establish a legally binding public services framework under Commitments 8, 9, and 10 of the previous action plan. The commitment sought to continue implementation of the Public Service Charter, to address challenges in governance and public service delivery. According to the Head of Innovation and Modernization Programs Division, the reform sought to address the multiplicity of public service types, divergence in legislation and regulations governing them, variations in service quality, and the absence of a comprehensive system overseeing the service-user relationship. ^[11]

Activities completed include the follow-up on the adoption phases of the Public Service Charter (milestone 1). A roadmap for the charter's implementation was developed, providing a structured approach to its execution. ^[12] Additionally, there was progress on the development of legislative and regulatory texts, guides, and systems to facilitate the effective implementation of the charter (milestone 4). ^[13] The Head of Division noted that obstacles emerged during the government transition, delaying some projects and their publication. ^[14] While the roadmap and other legislative and regulatory texts were developed, they are internal to government and therefore not accessible to the public or for IRM review. The IRM therefore did not have sufficient evidence to determine if the completed activities contributed to making public services more transparent or accountable at the time of assessment.