Morocco stands out as a pioneer in the Arab world in ensuring the right of the public to access information, having achieved significant legislative and institutional advancements that promote government transparency and openness, according to a recent report entitled “The Right to Information Access in the Arab Region: Reality of Gains and Failures,” published in Rowaq Arabi, an electronic journal of the Cairo Institute for Human Rights Studies.
Morocco codified the right of its citizens to access information in Article 27 of its 2011 Constitution, making it the first Arab country to constitutionally guarantee the right. Subsequently, the government enacted Law 31.13, which requires public institutions to publish information proactively or respond to citizens’ requests.
The “Chafafiya.ma” platform is part of Morocco’s efforts to facilitate access to information by connecting over 1,700 institutions and enabling the public to submit requests electronically and to track such requests. As of October 2024, the platform had processed more than half of the requests submitted by then, with an average response time of 35 days.
Despite progress, there are continuing challenges to achieving full transparency, particularly due to broad legal exemptions from disclosure. Exemptions, such as for information that could impact monetary or economic policies, raise questions about the state’s commitment to narrowing the scope of secrecy under which it has typically operated.
However, by participating in initiatives such as the International Partnership for Open Government, Morocco’s ranking in the “Open Data Inventory” compared to other countries around the world improved from 41st to 35th globally.
The Rowaq Arabi report recommends allowing fewer legal exemptions, enhancing public awareness, and improving human resource capacities to ensure effective implementation of Morocco’s laws requiring information transparency. These measures would enable Morocco to solidify its leadership in transparency within the Arab region.
Tunisia, which originally followed Morocco’s footsteps by adopting similar legal structures, is also struggling with implementing their objectives, according to the report. Though it boasts the first open data portal in the Arab world, delays in information access, especially for journalists, remain a critical problem for Morocco’s North African neighbor.
Likewise, Jordan’s progress has been limited by inadequate staffing in institutions responsible for handling information requests, reducing its law’s effectiveness.
Kuwait, as the first Gulf country to codify this right, offers a different but equally challenging perspective, with public bodies having broad discretion to reject requests and no independent body to enforce compliance.