“You can have it all, but you can’t do it all”
Unknown.
Modern bicameralism is of a different nature. In many countries, particularly in federal states, the second assembly provides representation, alongside that of the population, of territorial, regional or federated entities (Germany, Belgium, Spain, United States, etc.).
In France, for example, the Constitution of the Fifth Republic establishes A bicameralism in which coexist, a National Assembly, elected by direct universal suffrage and representing the citizens, and a Senate elected by indirect universal suffrage representing the territorial collectivities of the Republic.
This is the case for most of the other parliaments composed of two assemblies (with the notable exception of the Italian Parliament[1]).
In Morocco and unlike the parliaments of other countries, the second chamber is made up of representatives of local authorities, representatives of professional chambers, professional organizations of employers and representatives of employees.
The latter two are also represented in the Economic, Social and Environmental Council, their natural universe.
Within it, the employers of Morocco are represented by the association “General Confederation of Moroccan Enterprises (CGEM) which has just re-elected, on May 16, 2023, its president and vice-president for a second term of three years (2023 -2026) during its Ordinary Elective General Meeting (AGOE) held in Casablanca with a rate of 99% of the votes cast.
Is this Moroccan exception of having an association of patrons in the second chamber normal? How did she assess these two mandates? What added value? These are all questions that arise and deserve constructive analysis and public debate. We will try in what follows to help find some answers.
The CGEM: Neutrality and/or opportunism?
According to article 1 of its 2021 statutes, the CGEM is “an association formed between natural or legal persons fulfilling the conditions defined below who adhere or will adhere to these Statutes, an association subject to the provisions of dahir n° 1-58 -376 of 3 Joumada I 1378 (November 15, 1958) regulating the right of association, as amended and supplemented…”.
The bosses have therefore chosen to be an association governed by the Dahir of 1958 rather than the labor code (Law 65-99), which applies to it in fact, and which details the conditions, forms and organization professional unions in its articles 396 and 414.
Thus, article 396 of the Labor Code stipulates that: “… the purpose of professional unions is to defend, study and promote the economic, social, moral and professional, individual and collective interests of the categories they supervise, as well as improving the level of education of their members. They also participate in the development of national policy in the economic and social fields. They are consulted on all disputes and questions relating to their area of expertise.…”.
Also, article 398 tells us that: “…. Employers and employees can freely join the trade union of their choice…”.
In addition, article 63 of the 2011 Constitution, gives the composition of the chamber of advisers: “ …two-fifths of the members elected in each region by electoral colleges composed of elected representatives from professional chambers and professional organizations of employers most representative, and members elected at national level by an electoral college made up of employee representatives..
Within the meaning of Organic Law 28-11 (BO 5997bis): “… the most representative professional organization of employers at regional level means any professional organization of employers carrying out their activity in the region or regions concerned in one or more of the sectors of agriculture, maritime fishing, industry, commerce, crafts or services…”.
In addition, the Constitution has devoted an article to trade unions and professional organizations (Article 8) and another to associations (Article 12) with different objectives and attributions.
From the foregoing, it can be seen that the supreme law of the Kingdom, the organic law and the Labor Code clearly speak of professional organizations rather than of association.
No reference to these texts or to this name is cited by the statutes of the CGEM which prefers the term “association » and the dahir of 1958 which governs it.
The argument behind the introduction of the CGEM (and only the CGEM association) in the Chamber of Councilors is to have the Employers represented as was the case for the representatives of the employees.
However, this category of employers is, de facto, over-represented through the Chambers of Commerce, Industry and Services (CCIS), the political parties through the electors who are in their majority Employers.
Indeed, in its article 4 the statute of the CGEM, stipulates in its first paragraph that the CGEM being essentially with professional economic vocationany position taken in favor of a political party or any position of a religious nature is, under pain of sanctions, strictly prohibited within the CGEM and cannot be made in its name, and oddly, in the same text, it has no objection to participating in the proceedings constitutional bodies such as the chamber of councilors where it is called upon to take political positions.
Thus, and by way of example, in their first mandates, the 6 councilors of the CGEM took a position in favor of the PAM during the elections of the President of the chamber of councillors.
Worse still, the two councilors who succeeded on behalf of the CGEM representing the college of employers in the southern provinces joined the group of the Istiqlal Party in the second chamber… neutrality and/or interest oblige!
Moreover, and in strict compliance with the values that reign among our bosses, the former president of the CGEM group in the said chamber and its current treasurer was appointed, paradoxically, on behalf of the UGTM (trade union whose SG is the president of the chamber of advisers!) member of the Higher Education Council (Patron of an Institute of vocational and higher education in transport and logistics – ISTL Sarl – and president of the sector federation!).
The CGEM in Parliament: What Assessment?
According to Article 2 of the Constitution: Sovereignty belongs to the Nation which exercises it directly, by way of referendum, and indirectly, through the intermediary of its representatives.
The Nation chooses its representatives within the institutions elected by way of free, sincere and regular suffrages.
The practice of the councilors constituting the CGEM group during their two terms of office 2015-2021 and 2021-2027 (during which three former councilors were reappointed) goes against the spirit of this article.
Thus, the analysis of the oral and written questions, the rate of attendance at the standing committee meetings shows that “the CGEM adviser is only concerned with subjects related to the company”.
Thus, the reading of the minutes of the meetings of the sessions of vote and discussion of the laws in the standing committees of a non-economic nature supports this observation of a bad assimilation of the role of a parliamentarian who must get out of his group selfishness and his spirit of defense of the particular interests of its group towards a more global vision putting the interests of the country and its various categories of citizens.
In terms of balance sheet, the practice of the group within the upper chamber, clearly shows that its introduction to the said chamber in no way contributed to the improvement or development of the legislative production and the control of the executive and this for the following reasons:
- Weak or absence of employer support through the federations in the control of the executive, either for the sake of personal interests or opportunism, these employers and their advisers avoid “hindering the Ministers”, in the absence of questions oral and written questions proposed by the CGEM, the civil servants of the chamber placed at the disposal of the group are obliged to propose, write and send questions to the executive. Being ready and scheduled for their public session of oral questions, the President of the group finds it difficult to find the Councilor who will read the question!
- With the exception of the Finance Law, whose proposed amendments are subcontracted to tax experts and specialists, and some laws that directly affect the CGEM, there is very little participation, or even an absence of the group in the discussion of bills and legislative proposals presented to the second chamber.
- Very low legislative production through the very limited number of amendments to bills and legislative proposals tabled by the group.
So many observations and questions which, deserve a more detailed analysis and supported by figures and data from the Chamber of Councillors, undoubtedly show the inefficiency, inconsistency and incompatibility of having an association of employers in the legislative authority.
This association must naturally work through the consultative constitutional institutions of the country, in order to avoid duplication since the bosses are democratically represented by the professional chambers and by the political parties, since its members belong in one way or another to these institutions. .
By Mohamed Oueld Lfadel Ezzahou
[1] Senato della Repubblica : is the upper house of the Italian Parliament. It is composed of 200 senators (196 are on a regional basis in each of the twenty regions of Italy and 4 in a particular constituency for the representatives of Italians abroad.) elected for a five-year legislature, to which add up to five senators for life appointed by the President of the Republic as well as the former Presidents of the Republic, who are appointed by right. To the two chambers, the Italian Constitution attributes identical powers, by virtue of the principle of parity bicameralism desired by the constituents.
