Legal and procedural guarantees for transparent and fair elections

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The electoral deadlines, of the current year, constitute an additional cornerstone in the democratic and institutional process likely to give to the democratic practice its true meaning characterized by the freedom of choice.

In order to succeed in the bet of the next electoral deadlines and in order to guarantee their progress in good conditions ensuring equal opportunities for all candidates, and free from anything that could compromise the credibility of the elections and fair competition, legal and procedural guarantees have been given by the public authorities for the moralization of the electoral process and to ensure that these deadlines enshrine democratic practice in the country.

Thus, the 2011 Constitution affirms that “the Nation chooses its representatives within the institutions elected by free, sincere and regular suffrage” (article 2), and considers “free, sincere and transparent elections as being the basis of legitimacy of democratic representation ”(Article 11).

In this context, the legislator has provided a set of guarantees aimed at supporting the electoral operation, in all its stages, from the stage of registration on the electoral rolls until the announcement of the results, while the justice has the power to settle disputes and rule on legal remedies raised by the results of the ballot boxes.

Thus and in order to ensure the integrity of future electoral operations and to deal with all practices that could harm their conduct, a central commission and provincial and regional commissions have been created to monitor the elections.

“The main mission of these commissions is to take operational measures to preserve and respect the integrity of electoral operations, thus ensuring the monitoring of the progress of the various stages of the aforementioned operations, in order to guarantee their security and to cope, on the spot, to anything likely to undermine it, from registration on the electoral rolls to the announcement of the results of the ballot and the election of the bodies and structures of the councils of local authorities and professional chambers ”, according to a press release from the Ministry of the Interior.

The central committee and the provincial and regional committees carry out their tasks in full compliance with the laws and regulations in force, without undermining the competencies and prerogatives conferred by law on legislative, administrative, and judicial bodies, the same source specified.

With the aim of moralizing the forthcoming electoral process and immunizing it against anything that could affect the will of the voters and their free choice, the aforementioned committees will work to implement procedures that ensure the control of offenses related to electoral processes. immediately whenever they have the necessary data to do so and to initiate the search or legal proceedings when necessary.

Aware of the important role played by the public prosecution in supporting the electoral process and ensuring the proper application of the law, the President of the public prosecution called on the public prosecutors to the Courts of Appeal and the prosecutors of the King to the Courts of First Instance to ensure that the next electoral processes take place in an atmosphere of integrity and credibility.

In a circular addressed to these judicial officials concerning the mobilization for the next electoral deadlines, the President of the public prosecution underlined the primordial role played by the justice in the accompaniment of the electoral processes and the guarantee of their progress in a free and transparent climate. which builds the confidence of citizens, in accordance with the provisions of the constitution which stipulate that free, fair and transparent elections are the basis of the legitimacy of democratic representation.

In this context, specifies the circular, the legislator has conferred important prerogatives on the judiciary during all stages of the electoral process, whether during the stage of registration in the electoral lists through the supervision of the process of revision of the lists. election or by ruling on appeals against administrative committees and auxiliary administrative committees responsible for revision operations, in addition to the fight of the public prosecutor and justice against all kinds of electoral offenses and the repression of their perpetrators during all the stages of the electoral process.

Other mechanisms for consecrating the integrity of the electoral process include necessary protection mechanisms, in accordance with internationally agreed standards, including independent and neutral election observation.

Independent and neutral election observation is defined by Law No. 30.11, setting its conditions and modalities, as the operation aimed at monitoring the conduct of electoral operations on the ground and collecting data in an objective and neutral manner.

It also consists of evaluating the conditions for the conduct and organization of elections as well as compliance with constitutional rules, legislative and regulatory texts relating to elections and international standards, through the preparation of reports including the observations of the parties. preparing them, where appropriate, their recommendations which they submit to the competent authorities.

The six meetings held by the special commission for the accreditation of election observers resulted in the accreditation of more than 4,600 observers representing 44 national NGOs.

The National Human Rights Council (CNDH) had indicated in a statement that these observers, who also represent the CNDH, will be distributed to all regions of the Kingdom, in addition to 19 international organizations and non-governmental bodies, represented by more than 100 observers mobilized in order to ensure the observation of the elections of September 8.


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