III. The Impact of Not Being Declared

An association that is legally declared is entitled, according to article 6 of the law on associations, to file actions in court; make purchases; acquire and administer public subsidies, dues collected from its members, private donations, grants from foreign organizations or international institutions; and acquire offices and materials necessary for its activities.

The withholding or effective withdrawal of legal recognition by refusing to accept documents or issue receipts impact associations in various ways and to varying degrees, even if a great many associations continue to operate without recognition, circumventing these obstacles without being prosecuted. The overall effect however, is to weaken these associations and keep them off-balance. The following is a list of some of the practical consequences when an association is not considered declared:

Difficulty of renting an office or hiring a hall, or posting announcements on public thoroughfares: Without declared status, associations have difficulty renting an office or hiring halls in which to meet, or getting the necessary permission from the municipality to post fliers along the streets. Authorities decline to make available to undeclared associations public halls (for example, the local youth center or salle de commerce).

Obstacles to opening bank accounts: Banks often are reluctant to accept, or simply refuse, applications to open accounts in the name of associations that cannot produce proof of their declared status. Some associations that lack receipts manage nonetheless to open accounts.

Exclusion from official events and consultations, and ineligibility for subsidies: Local authorities do not invite undeclared associations to official activities to which they invite declared associations; they also exclude them from subsidies for which declared associations are eligible, pursuant to article 6(1) of the law on associations.

Boycott by authorities: If the association's objectives involve communicating with, or seeking meetings with, public authorities, the non-recognition of their declaration makes it less likely that authorities will respond to communications or formally receive them.

No right to organize gatherings in public thoroughfares: Associations that are not considered declared are ineligible to organize gatherings on public thoroughfares, according to article 11 of the Law on Public Gatherings, which limits this right to political parties, unions, professional associations, and associations that are "regularly declared."[13] They can, however, hold a public meeting not on public thoroughfares, provided that they notify authorities at least one day in advance and authorities do not forbid it.[14]

Risk of prosecution for membership: Moroccan law does not criminalize mere membership in an unrecognized association, in contrast to countries such as Jordan (penal code, articles 159-163), Syria (article 71 of Law No. 93), and Tunisia (articles 29-30 of Law 59-154 of November 7, 1959, on associations).[15]

Members of an association that is considered not properly declared or that has otherwise not followed the provisions of article 5 risk prosecution and fines under article 8 of the law on associations if they conduct any of the financial transactions enumerated in article 6, including the receipt of grants and financial support from domestic or foreign sources (in practice, some associations that have been denied receipts continue nevertheless to raise money and accept grants). Article 8 also provides punishments of between one and six months in prison and a fine of 10,000 to 20,000 dirhams (US$1,250-2,500) for persons who act to maintain or to revive an association after a court has ordered its dissolution.

The absence of a law criminalizing mere membership has not prevented prosecutors from including "membership in an unauthorized association" when filing other charges, such as participation in an unauthorized demonstration, against members of associations considered undeclared. Human Rights Watch is aware of one court conviction solely on a charge of "membership," although this was overturned on appeal-see the case of Sadyk Ballahi, a member of the Sahrawi Association of Victims of Grave Human Rights Violations, featured in chapter IV.

Dissuading potential members: More generally, an association's unrecognized status acts as a disincentive for many would-be members, who fear trouble with the authorities or even prosecution if they act within such associations.