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The Moroccan Initiative for Negotiating an Autonomy Statute in the Sahara Region "(...) is part of the endeavors made to build a modern, democratic society, based on the rule of law, collective and individual freedoms, and economic and social development (...)"(Point 3 of the text of the Initiative). It thus proposes a global project of development that finds root in two main elements. On the one hand, the decision-making bodies that are found in every entity endowed with autonomy; namely, proper executive and legislative branches; on the other hand, a parallel structure having an advisory quality, and in charge of assisting these organs, as well as inducing an important segment of the active population into participating in the action of development. Thus the Moroccan Initiative stipulates in its Point 26 that: "An Economic and Social Council shall be set up in the Sahara autonomous Region. It shall comprise representatives from economic, social, professional and community groups, as well as highly qualified figures". The importance of this kind of Councils no longer needs to be demonstrated. In most countries, there exist economic and social Councils, be it at the national or regional levels. What matters in this regard is to provide, in addition to decision-making bodies, a space for dialogue, for reflection, exchange of ideas, cooperation and proposal in the different fields of economic, social and cultural action. Within a participative perspective, an institution was created that gathers all the forces that will, in view of their experience, contribute to development. Morocco, which adheres to the international principles that steer actions of development, such as they are put by the United Nations, has resolutely opted for a mode of governance that tallies with the Millennium Development Goals (MDGs). In proposing the creation of an economic and social Council for the autonomous Sahara Region, the Moroccan Initiative tends in fact to establish a tool of choice for a participative development in conformity with the MDGs. This is precisely what we seek to examine, in two stages. We will first lay out the MDGs with reference to the prerogatives of the Autonomous Sahara Region. Then, in view of the fact that the economic Council is called upon to assist the Autonomous Region in the exercise of its prerogatives, we will try to determine the contribution that this Council could bring to achieving the goals connected to these prerogatives. I. The millennium development goals and the prerogatives of the autonomous sahara region In its Millennium Declaration of 2000, the United Nations delimited eight development goals - MDGs - setting a clear program that aims at improving living conditions by 2015. Among the eight MDGs, seven are likely to pertain to the Autonomous Region. We could nonetheless group them under four categories. A. Eradicate extreme poverty and hunger (goal 1) This goal offers to reach three targets: "Halve, between 1990 and 2015, the proportion of people whose income is less than one dollar a day". "Achieve full and productive employment and decent work for all, including women and young people". "Halve, between 1990 and 2015, the proportion of people who suffer from hunger" [1].
The achievement of such a goal can only be done through a global action of development, one that allows for the creation of conditions that are suitable to the promotion of employment. In this sense, the Autonomous Region of the Sahara is endowed with the required competences through the exercise of which the economic and social Council of the Region will be associated via consultations and proposals. Hence, the Moroccan Initiative stipulates in its Point 12 that the populations of the Sahara Autonomous Region, "(...) acting through legislative, executive and judicial bodies (...) shall exercise powers, within the Region's territorial boundaries (...)" in the following areas: economic development, regional planning, encouragement of investments, trade, industry, agriculture, tourism and employment. B. Education (goals 2 and 3) In question here is the need to secure primary education for all, by giving all boys and girls the means whereby they could complete a full course of primary education. These goals aim at the advancement of gender equality, and the empowerment of women by eradicating "(...) gender disparity in primary and secondary education, preferably by 2005, and in all levels of education no later than 2015" [2]. It is necessary to observe at this level that education is one of the main issues to be entrusted with the Autonomous Region by the Moroccan Initiative. Indeed, gender equity follows in Morocco from two principles that are established by the Constitution of 1996, and which apply to the entire nation, successively in Article 5 « All Moroccan citizens shall be equal before the law» and Article 13 "All citizens shall have equal rights in seeking education and employment". As far as the empowerment of women through education is concerned, the fact is that education is a stable trait of the national policy, applicable to the autonomous Region because it establishes irrefutably fundamental rights. In this regard, the new provisions related to the Family Code which have set the age of marriage of the girl at 18 instead of 15 years, the aim being to allow Moroccan girls to pursue their training and education. C. The improvement of health and the fight against disease (goals 4, 5 and 6) These three MDGs respectively aim at reducing infant mortality, improving maternal heath, and combating HIV/AIDS, malaria and other types of disease. In this respect, the Moroccan Initiative attributes to the Autonomous Region a particular competence in the area of health care. Overall, the Region is vested with complementary competences that directly or indirectly contribute to the improvement of public health, notably in the area of housing, education and social security. On the entire set of matters conferred upon the Autonomous Region, the economic and social Council will have the opportunity to intervene through opinions, proposals and research studies. D. Environmental sustainability (goal 7) Four targets are set by the Millennium Goal 7: "Integrate the principles of sustainable development into country policies and programmes and reverse the loss of environmental resources". "Reduce biodiversity loss, achieving, by 2010, a significant reduction in the rate of loss". "Halve, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation". "By 2020, to have achieved a significant improvement in the lives of at least 100 million slum dwellers" [3].
It is appropriate to recall in this respect that the Moroccan Initiative places the environment among the essential competences of the Autonomous entity, to which must be added the competences that the Autonomous Region has in the field of infrastructure facilities that ensure environmental sustainability, such as water and hydraulic installations. II. The economic and social council of the autonomous sahara region and the millennium development goals As we have already pointed out, the Moroccan Initiative stipulates that the Autonomous Sahara Region could create an economic and social Council that comprises representatives of economic, social, professional and associative sectors as well as of highly qualified personalities. The importance of this institution requires that we determine in the first place its nature and its importance as a privileged lever for participative development and finally lay out the means whereby it could contribute to development within the perspective of the MDGs. A. The economic and social council of the autonomous sahara region, an organ for participative development Councils are categorized among the advisory organs, and are generally considered as such. Yet, the name "Council" should not be misleading. Certainly, the advisory character of institutions such as these is predominant, in so far as Councils do not take any decisions for the simple reason that they cannot serve as surrogates of the appointed or elected bodies, or those legally entitled to do so. However, for the express purpose of good governance, Councils are not created solely with a view to further consultation and proposal, but also for concert and participation. The economic and social Council of the Autonomous Sahara Region will thus be an organ of participative development, mostly in view of its composition. In Point 26, the Initiative provides for the composition of this Council: "(...) representatives from economic, social, professional and community groups, as well as highly qualified figures". This short list is enough to give an idea about the diversity of the members able to take part of it. The regional Government and the Parliament of the Region, which will be assisted by this Council, will have a free hand in determining the latter's organization as well as functioning through adequate legislative and statutory measures. But we could well imagine who these actors will be that belong to the five bodies they are in charge of representing. The entities concerned here are enterprises, syndicates for the salaried, professional organizations, as well as associations and experts. The appointed members form the Council Assembly, which thus shows forth as the organized expression of the live forces at the regional level. It is also maintained with certainty, in view of the recent developments witnessed in Morocco, that in this Assembly, parity will be observed, which implies an adequate representation of women. In order to rationalize work, the regional economic and social Council will be able to set up commissions, each of which will be in charge of one of the sectors of intervention by the Council: economic development, planning, vocational training and employment, budget and finance, the living environment, etc. It could equally appoint work groups or create sections that have the advantage of involving outside personalities able to assist the Council in its task. For information, and with reference to comparative law, whenever sections are created, their field of action necessarily covers the economic and social sectors, on the one hand, and that of culture, education and the living environment, on the other. B. The economic and social council of the sahara autonomous region and the achievement of the millennium development goals As we have already pointed out, the economic and social Council of the Autonomous Sahara Region will be called upon to give a ruling, by way of opinion and proposal, on those matters that correspond to the competences of this Region, knowing that these competences are in perfect tune with the targets set by the MDGs; However, the important role of this Council as a lever for participative development is determined by two essential elements: the mode of exercise by the Council of its prerogatives, on the one hand, and the scope of these prerogatives, on the other. The action plan concerning the exercise by the regional economic and social Council of its competences ought to be defined in such a way as to turn the latter into a genuine lever for participation in the decision-making process. Four components determine the plan of action in question: consultation, spontaneous opinions and proposals, and studies and reports. Consultation takes the form of request for opinions that culminate into proposals. It may be mandatory or optional. The spontaneous opinions and proposals are carried out on the Council's initiative. The studies, which are generally carried out at the instance of the competent organs, give the members of the Council the opportunity to deepen reflection on a set of determinate questions that concern the Region. Last but not least, the reports could be of concern to the proper functioning of the important regional services. As far as the scope of these competences is concerned, the fact of the matter is that the Council is consulted before any decisions are taken, either obligatorily or on a voluntary basis. It could also have the possibility of giving its opinion after these decisions are put into practice. When it is provided for, prior mandatory consultation concerns in principle only the decisions that bear on important fields, restrictively listed, such as the economic and social development plan of the Region, town and regional planning as well as the budget of the Region. Overall, these fields correspond in fact to the targets set by the MDGs. The development plan covers all aspects of regional life. As far as the town and regional planning is concerned, the fact is that its goal is to accomplish an equitable distribution of the means and resources at hand, with a view to reducing the disequilibria obtaining between the urban and rural worlds, which positively impacts the reduction of social disparities on matters pertaining to income as well as access to vital public services: education, health care, water, electricity and housing, for example. In this connection, regional development has an overreaching impact, for it concerns the protection of the environment, too. Also, the Council may be referred to for requests of opinions and studies, on the initiative of the regional Head of Government or the Regional Parliament, pertaining to any question of an economic, social or cultural nature that happens to be of concern to the Region at large. Likewise, it is possible to admit that the Council could, on its proper initiative, submit its opinion on any question that falls with the competences of the Autonomous Region of the Sahara on economic, social or cultural matters. It could equally establish yearly reports on the activities of and projects by the regional public establishments that operate in this field. Conclusion As one would readily observe, the economic and social Council of the Autonomous Sahara Region, in view of the nature and quality of the members that it comprises, coupled with its adopted procedures and the scope of its competences, would be able to efficiently contribute towards the achievement of the major functions assigned to this Region, functions that in no way differ from the targets set by the MDGs, in addition to the fact that they take the form of a global project for development, covering as it does all aspects of social life.
[1] Millennium Development Goals, in www.un.org/millenniumgoals/. [2] Ibid. [3] Millennium Development Goals, op.cit. Abdallah Harsi
Professor at the faculty of law, Fez
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