NGO Establishment Law in Morocco: A Comprehensive Legal Guide

Establishing a Non-Governmental Organisation (NGO) or association in Morocco is a process governed by a robust legal framework designed to encourage civic engagement while ensuring transparency and institutional integrity. Whether you are looking to form a local community group, a cooperative, or a representative body for the Moroccan diaspora, understanding the underlying laws is essential for a successful and compliant launch.

In Morocco, the right to form associations is a fundamental civil liberty. This article explores the legal foundations, the specific requirements for different types of entities, and the institutional oversight that governs the non-profit and social economy sectors.

The Constitutional and Legislative Foundation of Associations

The primary legal text governing the right to form associations in Morocco is Dahir No. 1.58.376, issued in November 1958. This landmark legislation establishes the fundamental right of citizens to associate and organize. Over the decades, this law has been amended and supplemented to reflect Morocco’s evolving democratic landscape and its commitment to international human rights standards.

According to this framework, an association is defined as an agreement between two or more persons to pool their knowledge or activity for a purpose other than sharing profits. While the 1958 Dahir provides the general rules for "associations," the Moroccan legal system also provides specific frameworks for specialized organizations:

• Cooperatives: Governed by Law No. 112.12, cooperatives are distinct from standard NGOs as they focus on mutual aid and economic solidarity. This law specifically encourages international cooperation, allowing Moroccan cooperatives to form "twinning" relationships with foreign cooperative bodies to exchange expertise and resources.
• Political and International Groups: The Internal Regulations of the House of Representatives (specifically Articles 82 through 86) highlight the role of thematic workgroups that focus on national causes, such as territorial integrity, and international cooperation with Arab, Islamic, European, and Asian partners.

Institutional Representation and Consultative Bodies

Moroccan law does not just regulate the "how" of establishment; it also creates institutional spaces where NGOs and social entities can influence national policy.

The Economic, Social, and Environmental Council (CESE)

Under Organic Law No. 128.12 and its implementing decree, specific NGOs and associations are granted seats within the CESE. This council acts as a bridge between civil society and the government. For example:

• Social Economy: Representatives from the National Union of Agricultural Cooperatives and the Network for Social and Solidarity Economy are included.
• Social Care: Prominent NGOs like the "Hanan" Association for Disabled Children and the Moroccan League for Child Protection are recognized as key stakeholders in national policy-making.

The Council of the Moroccan Community Abroad (CCME)

For NGOs and associations focusing on the diaspora, Dahir No. 1.07.208 established the Council of the Moroccan Community Abroad. This consultative body is designed to ensure that Moroccans living abroad can exercise full citizenship rights. The law emphasizes the selection of members based on their competence, integrity, and contribution to the Moroccan identity, ensuring that the diaspora's voice is represented in national reforms.

Sector-Specific Regulations: Finance and Communication

Depending on the nature of your NGO’s activities, you may fall under the jurisdiction of specific ministries or regulatory bodies.

The Financial Sector and Bank Al-Maghrib

If an organization involves micro-credits or financial services—common in the social development sector—it must adhere to the laws governing credit institutions. Dahir No. 1.59.233, which established Bank Al-Maghrib, gives the central bank the authority to oversee financial entities.

Furthermore, Law No. 103.12 regarding credit institutions stipulates that any entity opening a branch in Morocco with a headquarters abroad must obtain prior approval. Specifically, Article 39 and Article 40 require the "Wali" (Governor) of Bank Al-Maghrib to approve the establishment of foreign-linked financial branches to ensure they do not circumvent Moroccan regulatory oversight.

The Role of the Ministry of Communication

For NGOs involved in media, journalism, or public awareness, the Decree regarding the competencies of the Ministry of Communication is relevant. The Ministry is tasked with promoting Morocco’s institutional image and managing the public information service. NGOs in this sector often collaborate with the Ministry to develop human resources and contribute to the "Information Society" in Morocco.

Practical Steps for Establishment

To establish a standard association in Morocco, the founders must generally follow these steps:

1. Constitutive Assembly: Hold a meeting to approve the association’s bylaws (statutes) and elect the governing board.
2. Declaration: File a declaration at the local administrative authority (the Caidat or Pachalik). This file must include the names, addresses, and judicial records of the founders, along with the association's headquarters address and the approved statutes.
3. Receipt of Filing: The authority provides a provisional receipt, and after a vetting period, a final receipt is issued. This receipt grants the association its legal personality, allowing it to open bank accounts and enter into contracts.

Conclusion and Key Takeaways

The Moroccan legal landscape for NGOs and associations is diverse, offering specialized paths for cooperatives, social care organizations, and financial solidarity groups. While the 1958 Dahir remains the bedrock of association law, modern organic laws have integrated civil society into the very fabric of the state's consultative institutions.

Key Takeaways:

• Legal Diversity: Ensure you choose the correct legal form (Association vs. Cooperative) based on your goals.
• International Links: Law 112.12 and Law 103.12 provide specific pathways for international cooperation and twinning, provided they meet Bank Al-Maghrib and ministerial standards.
• Institutional Voice: Recognized NGOs have the opportunity to participate in national governance through the Economic, Social, and Environmental Council.
• Compliance: Always verify sector-specific requirements, especially if your NGO deals with financial services, media, or international funding.

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