The Right to Information Law (31.13) is the first law adopted in Morocco to enable citizens to obtain data and documents that are held by public administrations, elected institutions, and organizations tasked with public service missions, in accordance with article 27 of the 2011 constitution.
The law mandates that public and elected offices share information with citizens through a structured process governed by specific provisions and clauses. Article 3 of Law 31.13 affirms that “citizens have the right to obtain information.” However, the current implementation of the law hinders prompt access to information due to deadlines stipulated by law for processing requests. Chapter 4, particularly articles 14 to 21, details these deadlines, requiring administrations to respond to information requests within 20 working days, with a possible extension under article 16. Additionally, article 17 mandates that in urgent cases—in which access to information is necessary to protect life, safety, or freedom—the relevant department must respond within three days.
In addition to the challenges posed by response deadlines, the law also presents issues related to fees associated with accessing information. While the first paragraph of article 5 stipulates that ‘'access to information shall be free of charge, except for services performed in accordance with current regulatory texts,’ the second paragraph states that ‘the requester of information shall bear the costs incurred, when necessary, for copying or processing the requested information, as well as the cost of sending it to them.’ This ambiguity in the legal text obfuscates whether public administrations are obligated to cover these costs or if the burden falls entirely on the requester.
The inaction of the right to access information commission further complicates the implementation of the Right to Access Information Law by. According to article 22 of the law, the commission is entrusted “to prepare an annual report on the outcome of its activities in the field of the right to access information, which specifically includes an assessment of the implementation of this principle to be published through all available means.” However, since the appointment of its members by the prime minister on March 13, 2019, the commission has not issued a single report on its activities. This absence of reporting obstructs the evaluation of the commission’s performance and the extent to which it fulfills its mandated role.
Another challenge is the shortage of designated personnel responsible for handling information requests. The first paragraph of article 12 mandates the appointment of one or more individuals to receive and process information requests, provide the required information, and assist the requester in preparing their request, when necessary. However, insufficient staffing to fulfill these roles causes significant delays in the process.
These challenges, as identified in a study by the Moroccan center for studies and research on human rights and media, could undermine the principles of openness, transparency, and accountability. Such violations restrict access to information by causing delays in processing requests or rendering requested information unavailable. This not only creates a counterproductive environment for requesters but also harms other entities, including the state, as withholding information can lead to the circulation of rumors.
To avoid these issues, reasonable deadlines should be set for responding to information requests, particularly those of an urgent nature. It should be explicitly stipulated in the law that access to information is free of charge, including the costs for copying and processing requests. Additionally, public administrations and institutions should be adequately staffed with trained personnel to receive and respond to information requests, ensuring optimal performance.
Furthermore, the mandate of the right to access information commission should be reviewed to enhance and clearly define its powers. The commission should be required to issue an annual report, published in the official gazette and discussed in parliament, to inform citizens and contribute to improving public discourse on the matter.
In summary, effectively implementing Law 31.13 to establish “the right to access information” as a fundamental right would significantly enhance transparency in information dissemination and strengthen participatory democracy, thereby contributing to the desired social development.
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