Specificities of the Saharan Dispute
The philosophy behind the creation of corcas: the founding royal speeches and an analytical reading of the dahir relative to the creation of CORCAS

 

The Royal Advisory Council for Saharan Affairs (CORCAS) is a new structure destined to replace the Council of Chioukhs (oublic notables). Created as it was at the end of the Royal visit to the provinces of the Sahara from 20 to 25 March 2006, this institution operates within the framework of a new vision of the management of public affairs in general, and the Moroccan Sahara affair in particular.

Side by side with the administration in action, which is generally organized in ministries and public institutions, there figures at the central level a number of consultative organs in charge of providing council to the government. CORCAS, which draws its characteristics from these organs, operates outside traditional administrative hierarchy; it is placed next to the King in view of its essentially political nature. Its founding principles are announced in the Royal speech of 25 March 2006[1]. The Dahir (decree) of its creation[2], dated on the same day, not only specifies its principles, but translates them into juridical provisions.

It is precisely this general philosophy of CORCAS, as well as the political regime applicable to the latter, that we will address in two successive parts.

I.    the philosophy underpinning the creation of corcas through the royal speeches: the democratic management of the affairs of the sahara

 

From the outset, the Royal speech of 25 March 2006 announces the consistency of this policy: « This move is a basic component of the efforts being made to foster the culture of dialogue, and thus pave the way for our citizens to help in this process and make practical proposals on all matters pertaining to our country's territorial integrity, and to the economic, social and cultural development of our beloved southern provinces ».

It is thus a matter of associating the inhabitants of the provinces of the South, in the sense of dialogue, in all the decisions concerning territorial integrity and the development of the region. This quite simply means the abandonment of centralized management, and the transfer of larger competences, on matters of proposals and advisory opinions, to the local populations.

In order to guarantee its credibility, as well as its efficiency and representativeness, CORCAS is composed of the dignitaries of tribes and members of parliament who are reputed for their sincere patriotism, as well as the pertinence of their judgment. The council is equally open to the actors of civil society as well as the lively national forces, notably women and the youth. Besides, in order to allow this organ to fully accomplish its missions, the government as well as all the institutions concerned, are called upon to extend their cooperation thereto.

One could confidently say that CORCAS is equally a structure for learning democracy, for the preparation and training of the local elites, who are called upon to run their own affairs within the framework of a broader autonomy.

CORCAS is also called upon to play an essential role in the consolidation as well as the upkeep of national unity and territorial integrity, all in accordance with a fundamentally democratic approach. It could thus express its opinion on the Moroccan proposal for autonomy statute concerning the provinces of the south.

The Royal speech delivered on the occasion of the Feast of the Throne[3] takes back certain constants of this new democratic approach, notably « (..) the setting up of the Royal Advisory Council for Saharan Affairs, with a new membership and an extended mandate, allowing for the forces that count in our southern provinces to be constantly involved.  I asked the Council to submit its views on the proposed autonomy, and to suggest steps and initiatives likely to help achieve economic, social and cultural development in those parts of our country, which are so dear to me.  I also insisted the Council should remain open to various currents and trends, and that it should express the aspirations of all the sons of the region, those who live in the southern provinces as well as those who return to the ever-forgiving, ever-merciful homeland ».

The democratic management as well the realization of development constitute; therefore, the profound philosophy underlying the creation of CORCAS.

II. the functions of corcas through the dahir of creation

In view of its nature and broad competences, CORCAS exercises a number of functions.

A.  a  représentation function

CORCAS is a representative institution that is largely open to all kinds of potentialities. It is composed of two categories of members:

The first category is composed of members who have deliberative powers, and who are appointed for a four year period. The second category of members sits in the Council, and has a consultative voice.

As one could see, CORCAS is better structured than the old Council of Chioukhs which had no chairperson. Its composition is equally larger and more open. It also takes into account the rules of good governance in that it brings together colleges from diverse horizons.

Thus, in addition to elected members, the presence of members who represent civil society and socio-economic actors bestow upon this institution a triple nature: political, economic and social. The representation of the nationals who come from the provinces of the south is equally secured, especially that of the persons sequestered in Tindouf, who owing to their sequestration cannot voice their opinions. Women and the youth are equally represented in accordance with the Royal orientations. The composition of CORCAS remains to be open; it could include any person whose action may be useful to the accomplishment of the missions of the Council. No category of the population is then excluded a priori.

B.  the function of counsel and proposal

The Council renders opinions and makes proposals. It renders opinions when it is consulted by the King concerning all affairs in general, and particularly those relative to the defense of territorial integrity and national unity, as well as to the integrated human, economic and social development of the provinces of the south.

It is also entitled to submit proposals in connection with the initiatives, projects and measures relative to the following domains:

  • The return and integration of all the Moroccans that are natives of the provinces of the south;
  • The defense of territorial integrity and national unity, as well as the strengthening of national solidarity, be it at the level of the provinces of the south or the other regions of the Kingdom;
  • The upkeep as well as advancement of the cultural, artistic and linguistic (hassani) patrimony, of the provinces of the south;
  • The guaranteeing of a better future for youth by way of promoting education, training and job creation, in addition to the expression of their ambitions and competencies within a context of dynamism and solidarity, at the national and the local levels alike;
  • The advancement of woman's situation, as well as her integration in all domains;
  • The reinforcement of the principles and rules relative to Human rights in the provinces of the South, all in conformity with the laws in force.

C.  an action at the international  level

The defense of territorial integrity and national unity is one of the primordial missions of CORCAS. The Dahir of creation provides for the participation of the Council, in coordination with the competent authorities, in the works of and meetings by the international institutions and organizations concerned with the territorial integrity and development of the provinces of the South. CORCAS, which has already made pronouncements regarding the autonomy statute, is thus associated to all the internationally oriented missions which it is tasked with, notably the defense of development and territorial integrity.

Conclusion

From the aforesaid, one could say that CORCAS, in view of its composition and prerogatives, constitutes a tool of choice for the concretization of a participative and democratic policy. CORCAS, far from being a classical administrative institution, aims at making the running of those affairs of a general interest more humane, more efficient and closer to home for the inhabitants. Indeed, dialogue, convergence as well as efficiency are the pillars that guarantee its success.

 


[1] Speech of His Majesty the King to the nation, Laâyoune, 25 March 2006.

[2] Dahir n°1-06-81 of 25 March 2006 relative to the creation of the Advisory Council for Saharan Affairs, B.O. n°5409 of 3 April 2006 (in Arabic).

[3] The speech of 30 July 2006.

Abdallah HARSI
Professor at the faculty of law, Fez


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