The Position of the Culture in the Moroccan Constitution – ASMAA MIZAT – LATIFA EL AMRANI

The Position of the Culture in the Moroccan Constitution

مكانة الثقافة في الدستور المغربي

ASMAA MIZAT

Visiting Professor at the Multidisciplinary Faculty of Nador- Morocco

LATIFA EL – AMRANI

A PhD holder and researcher in legal Ssciences- Morocco

هذا البحث منشور في مجلة القانون والأعمال الدولية الإصدار رقم 60 الخاص بشهر أكتوبر/ نونبر 2025
رابط تسجيل الاصدار في DOI

https://doi.org/10.63585/EJTM3163

للنشر و الاستعلام
mforki22@gmail.com
الواتساب 00212687407665

The Position of the Culture in the Moroccan Constitution

مكانة الثقافة في الدستور المغربي

ASMAA MIZAT

Visiting Professor at the Multidisciplinary Faculty of Nador- Morocco

LATIFA EL – AMRANI

A PhD holder and researcher in legal Ssciences- Morocco

ABSTRACT

This research paper examines how the concept of culture is represented in the 1996 and 2011 Moroccan constitutions. It aims to explore the evolution of Morocco’s cultural identity through a comparative analysis. The findings suggest that the 1996 constitution presents a broad and general defintion of the Moroccan culture which is mainly based on the Arab-Islamic roots with little to no recognition of Morocco’s internal cultural diversity. In contrast, the 2011 constitution marks a turning point by officially acknowledging Morocco’s multicultural roots. The 2011 constitution gives Amazigh the status of an official language alongside Arabic. The constitution also introduces institutions to promote linguistic and cultural diversity. This cultural evolution reflects Morocco’s broader political reforms and constitutional recognition of its cultural diversity. The two legal texts show not only a legal transformation but also a change in how Morocco defines itself as a nation by moving from a single identity toward a shared and inclusive one.

Key words: Culture; Moroccan constitutions; Cultural identity; Arab-Islamic roots; Amazigh language; Cultural diversity; Political reforms; National identity

ملخص

تبحث هذه الورقة البحثية في كيفية تمثيل مفهوم الثقافة في دستوري المغرب لعامي 1996 و2011. وتهدف إلى استكشاف تطور الهوية الثقافية للمغرب من خلال تحليل مقارن. وتشير النتائج إلى أن دستور 1996 يقدم تعريفًا واسعًا وعامًا للثقافة المغربية، يرتكز أساسًا على الجذور العربية الإسلامية، مع اعتراف ضئيل أو معدوم بالتنوع الثقافي الداخلي للمغرب. في المقابل، يمثل دستور 2011 نقطة تحول باعترافه رسميًا بالجذور الثقافية المتعددة للمغرب. ويمنح دستور 2011 اللغة الأمازيغية صفة لغة رسمية إلى جانب اللغة العربية. كما يُنشئ الدستور مؤسسات لتعزيز التنوع اللغوي والثقافي. ويعكس هذا التطور الثقافي الإصلاحات السياسية الأوسع في المغرب والاعتراف الدستوري بتنوعه الثقافي. ولا يُظهر النصان القانونيان تحولًا قانونيًا فحسب، بل يُظهران أيضًا تغييرًا في كيفية تعريف المغرب لنفسه كأمة، بالانتقال من هوية واحدة إلى هوية مشتركة وشاملة.

الكلمات المفتاحية: الثقافة؛ الدساتير المغربية؛ الهوية الثقافية؛ الجذور العربية الإسلامية؛ اللغة الأمازيغية؛ التنوع الثقافي؛ الإصلاحات السياسية؛ الهوية الوطنية

I. INTRODUCTION

In the constitutional context, culture is typically referred to as the values, beliefs, languages, customs, and traditions that represent the identity of a particular set of people in a given country. Culture is often expressed and protected through the enforcement of certain constitutional principles that recognize a nation’s diversity and heritage. For example, the Moroccan constitution of 1996 presents the Moroccan culture in a general way by affirming the country’s Arab-Islamic identity and commitment to human rights and international cooperation. The 2011 constitution admits that there are multiple cultural components (Arab, Amazigh, African, Andalusian, and more). The same constitution also emphasizes openness, dialogue between civilizations, and the importance of linguistic diversity. Article 5 of the 2011 constitution even declares Arabic and Amazigh as official languages and presents the creation of a National Council for Languages and Moroccan Culture. In both constitutions, the concept of culture is present, although it appears in different ways. In the 1996 constitution, culture is mostly implied rather than being directly described. It appears in the preamble, where Morocco defines itself as part of the Arab-Islamic world and as an African state. This indirectly represents the cultural identity of Morocco by associating it with religion, regional heritage (Africa), and the nation’s shared values. Certain cultural elements such as language, religion, and unity are expressed in terms of belonging to the Arab Maghreb and the fact of endorsing Islamic values. There are no detailed representations or mentions of different cultural groups, but the general tone of the constitution shows that culture is important to national unity, religion, and the sovereignty of the Moroccan state. In contrast, the 2011 constitution introduces a much richer and more explicit view of culture. In the preamble, the constitution states that Morocco is committed to preserving its national identity “its unity and cultural diversity”. It explicitly recognizes the cultural contributions of the following cultures (Arab-Islamic, Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean). So, both constitutions reflect Morocco’s understanding of its culture as something tied to identity, unity, and values. That is to say that culture is linked to who the Moroccan people are, what unites them, and what they believe in.

• 1. The definition of culture in a constitutional context

In the framework of law and constitution, culture is believed to be a vital element of a nation’s identity and legal foundation (the collection of rules and legal principles upon which a country is built). The notion of culture involves a wide range of aspects (cultural elements) such as language, religion, heritage, traditions, values, history, and shared experiences of a given group of people. When the concept of culture is mentioned in constitution, it is not only identified as a symbolic segment of a given society but also as a component that deserves legal protection. It is commonly known that one of the main goals of constitutions is to reflect the values and the cultural elements that the state wants to preserve and promote among its citizens. This aspect is primarily intended to promote unity among a diversity of groups of people, protect traditional practices, and recognize the importance of linguistic and religious diversity. In the Moroccan case, both the 1996 and 2011 constitutions give importance to the element of cultural identity, as a major factor to strengthen national unity, in the preamble and in specific articles of the two legal charters. These two documents are mainly a reflection of the nation’s stance which is about the fact that culture is profoundly connected to national unity, historical roots, and moral values that permeate the Moroccan society. For instance, the two constitutions refer to the idea that the Moroccan nation identifies with the Islamic identity, is committed to the protection of human rights, and is committed to preserving its various cultural heritages. In this context, culture in a constitutional setting is not only about the statement of traditions and values that govern the Moroccan society, but it is also about the nation’s political commitment to preserve its cultural identity to empower its national unity and security.

• 1. The importance of culture in shaping national identity

Culture is a cornerstone in the formation process of a nation’s identity because it reflects the same shared history, the same values, and the same practices that unite its people and create a sense of collective belonging. In the Moroccan state, the connection between the nation’s identity and the shared cultural elements that define its people is formally acknowledged in its constitution, which is basically a legal document that seeks to display the country’s commitment to preserving its cultural heritage. Both the 1996 and 2011 constitutions stress the idea that Morocco is fundamentally tied to Arab-Islamic roots, but the 2011 constitution goes beyond this affirmation and recognizes that the state of Morocco is rich and diverse in terms of its ethnic and cultural structure. In particular, it identifies the importance of other cultural contributions to the creation of the Moroccan cultural identity, what I mean by this is that it shows the pivotal role played by the Amazigh, Hassani, Jewish, African, and Mediterranean communities in shaping the Moroccan national identity. The 2011 constitution shows that these cultures are not separate or marginal, but rather are part of Morocco’s indivisible national fabric; it expresses the idea that the Moroccan national identity is composed of multiple cultural components and cannot be defined by a single group or culture. The 2011 constitution expanded the cultural component of the Moroccan state to incorporate a broader cultural spectrum to define the Moroccan national identity. The same constitution emphasizes that identity is not only shaped by political or geographic factors; it is also affected by these elements, the language, the values, the traditions, the history, and the shared experiences of the Moroccan nation. The 2011 constitution tends to promote the qualities of inclusion and cohesion among Morocco’s diverse national groups by explicitly recognizing Morocco’s multi-cultural identity. The recognition of cultural diversity, as a unifying force of the Moroccan society, aims to promote the value of respect for different cultural traditions and perspectives to make all Moroccan citizens experience a sense of belonging and pride in their Moroccan national identity. Through this constitutional framework, Morocco promotes the idea that national unity is strengthened when cultural diversity is not only accepted but celebrated.

• 1. The research question

This research paper aims to explore one central question: how has the representation of culture changed between the two Moroccan constitutions of 1996 and 2011? The researcher considers this question important because it allows to understand how Morocco’s vision of its cultural identity and values has developed over time. The word “representation”, in this context, means how the concept of culture is described, recognized, and reflected in the Moroccan constitutional texts (the 1996 and 2011 constitutions). This question does not only explore what is the legal texts are about, but also explores the nation’s fundamental cultural elements. For example, although both constitutions (1996 and 2011) demonstrate the importance of the religious identity of Islam to protect national unity, the 2011 constitution supplements other cultural elements like the Amazigh and Hassani cultures to recognize the diverse cultural identity of the Moroccan state. The exploration of the Moroccan culture’s evolution will help readers understand how the Moroccan state has moved from a broader description of the Moroccan cultural identity to a more inclusive cultural environment. In general terms, the main goal of this question is to provide information about how the Moroccan country defines its cultural identity across time.

1-4 The methodology: a comparative analysis

To answer this research question, the author of this study makes use of a method called comparative analysis. This means that the paper will compare some of the culture-related content of the 1996 and the 2011 Moroccan constitutions in order to find whether or not there are some similarities or differences in terms of the representation of the Moroccan culture. This method is not about the formation of personal opinions or political arguments; instead, it is about reading and interpreting the two constitutional texts carefully with regard to the element of Morocco’s culture identity. The comparative analysis will focus on certain central elements, such as how language, heritage, and cultural identity are presented in the two constitutions. It will also explore whether there are any new legal commitments related to the aspect of culture. Through the use a comparative approach, the author of this study will understand the main cultural differences that are manifested in the two constitutions.

II. THEORETICAL FRAMEWORK AND LITERATURE REVIEW

2-1 Key concepts: culture, cultural rights, identity, constitutional pluralism

In order to understand the place of the element of culture in the Moroccan constitution, it is essential to clarify the following four elemental concepts: culture, cultural rights, identity, and constitutional pluralism. Typically speaking, culture is broadly defined as the set of values, beliefs, traditions, languages, and shared practices and experiences that shape the way a group of people live and understand the world. It involves both tangible heritage (such as language, dress, and food) and intangible aspects (such as values, customs, and historical experiences). In the context of law, culture is important because it perserves national cohesion and unity and the legal frameworks are reflections of codes and sacred rules that are enforced by the law to protect the cultural identity of a particular community. The concept of cultural rights could be defined as a set of rights that individuals are entitled to protect so as to to create an inclusive environment where they can celebrate their culture and practice their cultural traditions without any form of discrimination. For example, the right to use one’s language, to participate in cultural life, and to access cultural heritage. As for the concept of identity in this context of this study, it refers to how a constitution helps define a nation’s character based on its shared cultural elements. The notion of constitutional pluralism, as the last key term, is predicated on the idea that a constitution is requested to recognize and respect multiple cultural, linguistic, and religious practices within a given state.

2-2 The constitutional recognition of culture

The recognition of culture in a constitution refers to the fact that the state legally acknowledges the cultural elements that define its people and its identity and agrees to protect and promote them. In the case of the Moroccan state, both the 1996 and 2011 constitutions contain a great deal of cultural references that are differently manifested in the articles of each constitution. The 1996 constitution, in the preamble, presents Morocco as an Islamic, Arab, and African country. This shows the main components of Morocco’s cultural identity which are based on religion (Islam), regional affiliation (Africa), and historical belonging (Arab). These cultural constituents suggest the importance of these elements in preserving Morocco’s national unity and values. Cultural rights are also indirectly protected through rights such as freedom of expression, association, education, and worship (see articles 6, 9, and 13 of the 1996 constitution). These rights provide a legal framework for Moroccan citizens to express their cultural identity. According to the 2011 constitution, culture seems to be a central theme; it explicitly states Morocco’s diverse cultural components in terms of promoting language rights and cultural practices and institutions (the evolution of the Moroccan culture between 1996 constitution and 2011 constitution will be discussed in detail in the next chapter). Therefore, it is plausible to say that the 2011 constitution reflects a constitutional commitment to celebrate the multicultural identity of the kingdom of Morocco. This alteration also demonstrates how the legal framework (the constitution) can evolve to meet social and political changes.

In their study, Madani, Maghraoui, and Zerhouni (2012) argued that Morocco’s 2011 constitution represents an important change in how the state of Morocco views and protects its culture. The authors briefly state that the new constitution explicitly acknowledges Morocco’s plural identity (Arab-Islamic, Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean components). This recognition means that the constitution no longer sees the Moroccan cultural identity as just one single element but accepts that it is made up of many other different cultural components. The authors also contended that Morocco’s cultural diversity is not only symbolic but is backed and endorsed by legal measures. For example, the constitution gives Arabic and Amazigh the status of official languages, and it also mentions the importance of foreign languages for improving Morocco’s status to be open to the world. Therefore, it is acceptable to state that Morocco’s highest legal document (the constitution) takes practical steps to protect and support its cultural identities in the public life. The findings of this article which is listed in the reference section demonstrate how the 2011 constitution aimed to create some political and economic changes and to construct one single national identity from a combination of common cultural components in a more inclusive and open manner than before.

In another study, Driss Maghraoui (2011) explored how the recognition of different cultural components of Morocco’s identity in the 2011 constitution came as a response to some of the main social demands from certain Moroccan cultural and linguistic movements. He argued that the inclusion of the component of the Amazigh language and culture in the constitution is a response to decades of cultural demands by people who were pushing for their culture to be recognized as an essential part of the Moroccan identity. According to the researcher Maghraoui, this change was not just a decision made the Moroccan government, but it was the outcome of pressure from society and the need for change during a time of regional political unrest (the Arab Spring). He argues that the recognition of the Amazigh language as an official language marks a significant turning point in Morocco’s constitutional history. However, Maghraoui also revealed that despite the fact that the Moroccan constitution has changed, political power remains highly centralized in the monarchy; he stated that the king remains the key political actor. This is important because it shows that although culture is now part of the constitution, the way it is practiced still heavily depends on the decisions made by the government and monarchy.

III. HISTORICAL CONTEXT OF THE 1996 CONSTITUTION

3-1 The sociopolitical context in Morocco before the 1996 constitution

Before the adoption of the 1996 constitution, Morocco was going through a hard experience in terms of its political and social development. His majesty King Hassan II had ruled Morocco since 1961, Morocco, during the king’s reign, had experienced periods of political tension and economic instability. The country went through hard times characterized by limited political openness and a complete control over the voices of opposition. However, by the early 1990s, there were both internal and external factors that began to push Morocco toward adopting a policy of reform. Inside the country of Morocco, there was growing public demand for democracy, human rights, and political participation from some political parties, civil society groups, and student movements. At the same period, Morocco faced some sort of an international pressure to improve its democratic structure from Western allies and some international organizations whose main objective was to promote governance reforms across the world. These conditions led to a period of an incremental political liberalization. In 1992, his majesty King Hassan II introduced constitutional amendments that were considered a first step toward a more inclusive system of governance. However, these established reforms were limited and did not fully satisfy public demands.

Once again, the state of Morocco carried out more significant constitutional reform in 1996, which introduced a parliament with two chambers and tried to promote a more balanced and fair distribution of power. In terms of culture, this sociopolitical background is important because it explains why the 1996 constitution managed the concept of culture by using a conservative approach. That is to say an approach that primarily emphasized religion, unity, and the Arab-Islamic heritage without explicitly celebrating Morocco’s internal cultural diversity. In her article, Susan Slyomovics discussed the period in Morocco known as the “Years of Lead” (les années de plomb), which spanned from the 1960s to the late 1980s. This era was characterized by political repression, where many individuals were imprisoned, silenced, or faced trials for expressing opposition to the political system. The state’s main actions during this time created some conditions marked by fear and constrained political freedoms. The author Slyomovics made the case that, by the early 1990s, the internal pressures from civil society and external pressures from international communities drove Morocco towards political reform. These pressures were essential for the establishment of a truth commission whose main mission was to deal with past human rights abuses. The commission’s formation marked a deep change in the state’s approach to promote the value of justice. This move was a step towards political liberalization which paved the way for the constitutional reforms that were manifested in the 1996 constitution.

3-2 The representation of culture in the 1996 constitution

The 1996 Moroccan constitution represents the element of culture in a more general way compared to the 2011 constitution. It mainly focused on these aspects, the national unity, the Islamic values, and the regional affiliation. The preamble identifies Morocco as an Islamic and fully sovereign state, part of the Great Arab Maghreb, and as an African nation committed to international cooperation. These elements are considered central in Morocco’s cultural identity as Arab, Islamic, and African. The notion of culture is treated as one single component that is tied to Morocco’s national strength and stability. There are no specific articles in the 1996 constitution that define culture or cultural rights. However, there are some general rights that implicitly endorse cultural expression. For example, in article 6, the constitution establishes Islam as the religion of the state and it guarantees freedom of worship for all Moroccan citizens. In article 9, it protects the value of the freedom of opinion, expression, and association that are all essential for cultural participation. In article 13, it guarantees equal access to education and employment, which can help in the process of preserving and transmitting cultural values. In article 60, it refers to the Moroccan government’s responsibility to present a plan of action that includes economic, social, and cultural affairs. These 1996 constitution articles show that culture was seen as part of public life but was not explicitly defined or protected by stated legal measures. The constitution did not recognize linguistic diversity, nor did it mention the Amazigh culture, which was a growing demand from civil society at the time. The representation of culture in the 1996 constitution also was limited and traditional in the sense that it aimed to preserve a common national identity while it avoided addressing controversial or divisive cultural issues. This approach reflects the political strategy adopted at that specific time which prioritized unity and stability over cultural pluralism or diversity. In their article, Crawford and Silverstein (2004) discussed how the Moroccan country historically emphasized a united national identity rooted in Arab-Islamic culture and overlooked the country’s internal cultural diversity (the Amazigh heritage). The authors noted that the 1996 constitution preserved the same trend by not explicitly recognizing the Amazigh language or culture as part of the Moroccan cultural identity. However, the authors demonstrated in their work that the sustained activism by Amazigh groups eventually led to significant policy changes, such as the establishment of the Royal Institute of the Amazigh Culture in 2001 (IRCAM). This institute aimed to promote Amazigh language and culture; this marked a shift in the country’s approach to the recognition of its cultural diversity. Despite these developments, Crawford and Silverstein pointed out that some activists remained skeptical in the sense that they view these efforts made by the state as an attempt to co-opt or contain the Amazigh movement rather than genuinely celebrating cultural pluralism.

In his work “Multilingualism, Cultural Identity, and Education in Morocco” published in Springer, Moha Ennaji (2005) examined Morocco’s cultural and linguistic policies that were reflective of deeper issues of identity and national unity during the era of the 1996 constitution. He made the case that the constitution’s recognition of merely Arabic as the official language demonstrated a policy of monolingualism. This approach, according to the author Ennaji, is a continuation of post-independence Arabization, where the government emphasized Arab-Islamic culture as the foundation of national identity. This policy aimed to create a national unity based on one component, it excluded Morocco’s other cultural elements such as the Amazigh identity, which represents a large segment of the population. The researcher Ennaji contended that because Amazigh language and culture were not officially recognized, they were not taught in public schools, not used in media, and not employed in government services. This, he argued, contributed to the marginalization and cultural loss of the Amazigh community. He believed that this lack of representation in the 1996 constitution created an imbalance in how the Moroccan cultural identity was portrayed in the sense of favoring one cultural group over others. He concluded that a more inclusive language policy that is based on recognizing all of Morocco’s multi-lingual and multi-cultural components is necessary to promote cultural equality and diverse national unity.

Another study available on Academia platform conducted by Abdelmoughit Lemzihri (2018) titled “The Representation of Morocco: The Development of the Moroccan Identity from Colonialism to Globalization”, addressed the issue of Morocco’s national identity. The writer focused on the development of the concept of the Moroccan identity and how it was expressed in the 1996 constitution. He argued that the 1996 constitution continued to promote a narrow definition of the so called Moroccan identity based mainly on Arab and Islamic values without acknowledging the country’s rich cultural diversity. According to Lemzihri, this perspective on the concept of identity was shaped by the colonial history which was followed by post-independence political choices that sought to build unity through one-dimensional identity. Lemzihri stated that the 1996 constitution ignored other important cultural groups in Morocco, referring to the Amazigh, Jewish, and Saharan communities. The 1996 constitution preamble only refers to Morocco as Arab-Islamic and African, which leaves out other multicultural aspects of the Moroccan society. This exclusion led to a sense of cultural injustice and weakened the development of an inclusive national identity. Therefore, there is a necessity to shift toward a more pluralistic understanding of the Moroccan identity, one that includes all historical, ethnic, and cultural roots of the Moroccan community as we will see in the 2011 constitution in the next section.

IV. The 2011 Constitutional reform

4-1 The major changes in terms of the representation of culture in the 2011 Constitution

The 2011 Moroccan constitution was highly significant in terms of making a shift in the representation of culture; the constitution mainly emphasized the the country’s cultural diversity and unity. The preamble of the 2011 constitution explicitly recognizes Morocco’s identity as a convergence or a combination of Arab-Islamic, Amazigh, and Saharan-Hassani components that are all enriched by African, Andalusian, Hebraic, and Mediterranean influences. The constitutional recognition demonstrates a commitment to the protection of cultural pluralism and the preservation of a united Moroccan national identity . One of the landmark changes in the 2011 constitution is found in article 5 which recognizes Tamazight as an official language alongside Arabic so as to affirm its role as a common heritage for all Moroccans. The state of Morocco expressed strong commitmentrs to protecting and developing both languages and enforced a legal framework to promote the current status of the Amazigh language (National Council of Languages and Moroccan Culture). This institutional framework signifies a proactive approach to cultural preservation and development.

In his article “A Reading of Morocco’s New Constitution”, Mohamed el-Maliki (2013) demonstrated that the 2011 constitution brought important changes in the exhibition of how Moroccan culture is represented. He noted that, for the first time, the constitution clearly recognizes the country’s cultural and linguistic diversity that involves Arab-Islamic, Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean roots. This recognition shows that the state of Morocco is officially recognizing of the cultural components of Morocco’s cultural identity. El-Maliki also the major step of making Tamazight an official language alongside Arabic (article 5), which responded to long-standing demands from Amazigh activists. In addition, the constitution created the National Council of Languages and Moroccan Culture to help protect and promote the country’s different languages and cultural traditions. However, the political sciences professor El-Maliki warns that these fundamental changes must be followed by real actions from the government to make sure cultural rights are respected in daily life, such as in schools, media, and public services. His study helped show how the 2011 constitution aimed to build a more culturally inclusive Morocco, but also reminds us that progress depends on proper implementation of constitutional measures.

In another study conducted by Rickard Lagervall (2013), the author examined how the 2011 Moroccan constitution reshaped the concept of the Moroccan national identity by the inclusion of other cultural components. He explained that this change was not only a response to the Arab Spring and domestic pressures or factors, but it was also part of a broader project led by his majesty King Mohammed VI to modernize Morocco and promote inclusiveness. One of the most important points that the researcher Lagervall pointed at is that the 2011 constitution moves away from defining Moroccan identity solely in Arab-Islamic terms, as itwas the case in previous constitutions. Instead, the 2011 constitution acknowledges that Morocco’s identity is shaped by multiple cultural roots that includes Arab-Islamic, Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean elements. The official recognition of Morocco’s cultural diversity is seen as a political change towards the implementation of a policy that promotes the well being of all its members and the protection of all its cultural elements. Lagervall focused on article 5 of the 2011 constitution, which declared that Arabic and Amazigh are the official languages of the Moroccan kingdom. This, he argued, was a historic change, since certain cultural components of the Moroccan identity were neglected by the state. He contended that the new inclusive policy reflects a new national vision where cultural and linguistic pluralism is part of the Morocco’s national identity. Lagervall further noted that the creation of the National Council of Languages and Moroccan Culture is designed to protect and promote these cultural elements by giving an institutional legal framework to the new identity. However, Lagervall also pointed out that although the text tended to be progressive, the implementation of such policies to protect these cultural rights may face delays and political challenges. In other words, the new vision of Morocco’s national identity is promising, but it will require serious commitment to become a real part of daily life in the kingdom of Morocco.

In his study “The Language Debate and the Constitution Amendment in Morocco” which is published in Arab Center for Research and Policy Studies, the author Fouad Bouali (2012) focused on how the 2011 constitution dealt with the long-standing language issue in Morocco, meaning the status of Tamazight. He explained that the constitutional reform was a major turning point in the history of politics in the Moroccan state because, for the first time in Morocco’s history, Tamazight was described as an official language alongside Arabic (article 5). This decision to acknowledge Morocco’s Amazigh cultural identity as a major component of the Moroccan cultural identity, which had been ignored in previous constitutions, was considered as an important step to promote an inclusive society. This recognition requires the Moroccan government to make use of the Amazigh language in public institutions, courts, schools….etc. the author BouAli noted that this shift was mainly influenced by internal activism by which he meant the Amazigh movements and the Arab Spring, which created pressure for the Moroccan government to express more openness and inclusion. The researcher Bouali stressed the idea that this constitutional reform reflects a new representation of the so called Moroccan identity, what I mean is an identity which no longer presents the country as purely Arab-Islamic, but as multi-ethnic and multi-lingual. However, the author emphasized that recognizing Tamazight on paper is not enough, the real challenge lies in translating these constitutional promises or reforms into real policies and practices, especially in education, administration, and media. Without proper implementation, the official status risks remaining only symbolic. This study is important because it connects language policy directly to cultural identity, which shows how the 2011 constitution changed the way Morocco sees itself as a nation.

Rachid Touhtou (2014), in another study “Civil Society in Morocco under the New 2011 Constitution: Issues, Stakes and Challenges” explored the effect that the 2011 constitution had on civil society, especially groups who are involved in cultural advocacy. He pointed out that the new constitutional framework provided more space and power for cultural organizations and minority groups, such as Amazigh associations, language rights activists, and youth movements to participate in shaping public life. Touhtou emphasized that the constitution’s recognition of Morocco’s cultural diversity gave these groups a stronger legal base to advocate for their rights and promote cultural inclusion in education, media, and political debates. He also demonstrated that the 2011 constitution elevated the aspect of opportunities for civil society actors to work with public institutions, thanks to new legalized principles like participatory democracy, good governance, and pluralism. These ideas opened the door for more collaboration between the state and cultural organizations in areas related to heritage, language development, and intercultural dialogue. However, like Bouali, the author Touhtou stated that the implementation is still a problem. He argued that despite these new rights and frameworks, many organizations still face bureaucratic obstacles and limited political endorsement.

V. Comparative analysis of the different representations of the notion of culture with regard to 1996 vs 2011 constitutions

5-1 Culture in national identity

Culture plays a very important role in how a country defines its national identity. In Morocco, the two constitutions, I mean the 1996 and 2011 constitutions demonstrated how the country’s view of culture has changed over time. By engaging in a comparative analysis, it has become clear that there is a shift from a more unified and limited vision of cultural identity in the 1996 to a more open and diverse one in 2011. In the 1996 constitution, the idea of culture is mostly general and symbolic. In the preamble, Morocco is described as “an Islamic and fully sovereign state whose official language is Arabic”. It also states that Morocco is part of the Great Arab Maghreb and the African continent. These cultural references focus mainly on Morocco’s Arab-Islamic identity, but do not mention the Amazigh language or culture, or any other cultural groups like Jewish or Saharan-Hassani heritage. The constitution aims to give a broad sense of the Moroccan national identity based on religion and language, but it does not recognize Morocco’s cultural diversity (other cultural components). Even though the 1996 constitution does not directly talk about culture or cultural rights (like language rights or protecting traditions), it still includes basic freedoms such as freedom of expression, opinion, worship, and access to education that can help people express and practice their culture. For example, article 6 says that “Islam is the religion of the State,” but also guarantees “freedom of worship.” Article 9 guarantees “freedom of opinion, expression, assembly, and association,” which can help people express their culture. Article 13 gives equal access to education and jobs, which can help with cultural participation. Article 60 requires the government to present a general policy that includes “economic, social, cultural, and foreign affairs”.

However, there is no clear or direct mentioning of cultural identity, languages other than Arabic, or any institutions to support culture in a formal way. The 2011 constitution brings a major change. In its preamble, Morocco is still called a unified country, but it clearly states that the national identity is “constructed by the convergence of its Arab-Islamic, Amazigh, and Saharan-Hassani components,” and is “enriched by its African, Andalusian, Hebraic, and Mediterranean influences.” This constitutional reform shows that the Moroccan government, in the 2011 constitution, adopted a more inclusive view of culture and a clear recognition of Morocco’s multicultural identity. One of the biggest changes appears in article 5, where the constitution declares that “Arabic remains the official language of the state. Tamazight also constitutes an official language of the state, as a common heritage for all Moroccans without exception.” It also says that a law will be created to organize how Tamazight will be used in the government’s institutions. The article goes further to protect the Hassani culture, promote Morocco’s different languages, and support foreign languages for openness to the world. Another important development in this regard is the creation of a cultural institution. Article 5 mentions the National Council of Languages and Moroccan Culture, which will be responsible for protecting and promoting Morocco’s different languages and cultural expressions. In conclusion, the 1996 constitution presents culture as a single identity based on the language of Arabic and the religion of Islam without recognizing the country’s internal cultural diversity. In contrast, the 2011 constitution officially acknowledges Morocco’s cultural diversity and gives it legal protection. It recognizes Amazigh as an official language, backs up other cultural identities, and creates institutions to implement this policy. So, it’s clear that there is a noticeable evolution in how culture is understood with the Moroccan context from a single identity to a more inclusive national identity that respects all cultural components of the kingdom of Morocco.

5-2 Multilingualism and multiculturalism

One of the most important ways a constitution can reflect cultural identity is through how it handles these aspects of language and cultural diversity. The 1996 and 2011 Moroccan constitutions reveal very different approaches to these two aspects. While the 1996 constitution focuses on a single language and cultural identity, the 2011 constitution takes a multilingual and multicultural approach, which means that it more explicitly recognizes the country’s rich cultural diversity. The 1996 constitution focused on the principle of unity through one language and one culture. Its introduces Morocco as an Arab-Islamic country and does not mention any kind of linguistic or cultural diversity. It says that Morocco is an Islamic state whose official language is Arabic, and it belongs to the Great Arab Maghreb and the African family. This shows that the constitution promotes one united cultural identity, where Arabic and Islam represent the cultural and linguistic backbone of the nation. Nowhere in the 1996 constitution was Tamazight (Amazigh) or any other local language recognized. There is no statement of the concept of cultural diversity or minority groups such as Jewish, Saharan-Hassani, or Mediterranean communities. Although article 9 allows for freedom of opinion and expression, which basically defend cultural voices, there is no clear article that protects cultural rights or promotes multilingualism. This means that the 1996 constitution reflects a time when Morocco’s leaders were more focused on building unity through one shared identity even if that meant leaving out the country’s internal cultural diversity. The 2011 constitution, on the contrary, outlines a clear recognition of the aspects of Multilingualism and Multiculturalism in the state of Morocco. The 2011 constitution makes a great change in how Morocco sees itself with respect to the elements of language and culture. Right from the preamble of the constitution, it states that Morocco’s identity is composed of these cultural roots, I mean the Arab-Islamic, Amazigh, and Saharan-Hassani components and is enriched by its African, Andalusian, Hebraic, and Mediterranean constituents. This constitutional declaration expresses the fact that Morocco is proud of its multicultural roots. The greatest constitutional change is in article 5, which clearly states that “Arabic remains the official language of the state. Tamazight also constitutes an official language of the state, as a common heritage for all Moroccans without exception”. This means that Tamazight is now officially and legally equal to Arabic. Before 2011 constitution, it had no legal status. Now (I mean the 2011 constitution), the government is required to create laws and plans to use Tamazight in schools, public services, and media. The same article (article 5) also says that Morocco will protect the Hassani culture and promote other languages (like foreign ones) to encourage openness to other cultures. The constitution also introduces the National Council of Languages and Moroccan Culture, which is in charge of promoting both Arabic and Tamazight, as well as other cultural expressions. This is a clear institutional policy to support multilingualism and multiculturalism in everyday life. In conclusion, the 1996 constitution considered Morocco as a state that is composed of one culture, one language, and one identity, focused on the language of Arabic and the religious background of Islam. There was no mention of cultural diversity, which means there other languages or cultural components were left out. The 2011 constitution, however, recognizes Morocco’s multicultural identity. It gives legal status to multiple cultures and languages, especially the Amazigh one, and it creates institutions to promote and protect them. This alteration means that the country intends to construct a new national vision that regards diversity as a strength, not a threat. It also responds to social movements, democratic demands, and a desire for modern and inclusive governance. This comparative analysis that the author of this study conducted shows how Morocco made a transition from a closed and singular identity to an open and plural identity where all cultural elements have a place in shaping the nation.

5-3 Cultural rights and freedoms

Cultural rights and freedoms are an important part of any constitution because they protect people’s ability to express their identity, speak their language, and preserve their traditions. In the case of Morocco, the 1996 constitution offers only limited and implicit support for cultural rights, while the 2011 constitution includes direct recognition and legal protection of cultural freedoms. The 1996 constitution involves limited cultural rights. There is no mention of “culture” in the way that connects it to identity, language, or freedom of expression. The only ideas related to this aspect appear indirectly in general freedoms. For example in article 6, there is a declaration that Islam is the state religion but the same article promises “freedom of worship”. Article 9 protects “freedom of opinion, expression, assembly, and association,” which mainly allows citizens to express cultural ideas or form cultural groups. Article 13 ensures equal access to education and public employment which might support the transmission of cultural knowledge. Article 60 mentions that the government must present its program on economic, social, cultural, and foreign affairs, but no specific cultural rights are outlined or guaranteed. These constitutional references show that cultural expression was only protected in a general way, not as a specific constitutional right. For example, Amazigh language and culture are not mentioned at all, and there are no institutions assigned to protect Morocco’s diverse cultural elements. As a result, the 1996 constitution reflects a time when the state prioritized unity and avoided recognizing internal cultural differences, which many cultural groups, especially the Amazigh community, saw as an exclusion. The 2011 constitution provided an obvious recognition of cultural rights and freedoms. At its outset, the constitution outlined that Morocco is committed to protecting and promoting its cultural heritage. It acknowledges its identity as a combination of Arab-Islamic, Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean elements. This recognition set the stage for a constitution that values cultural freedom and equality. The most important article for cultural rights is article number 5, which states, as it was previously stated for many times, that “Arabic remains the official language of the state. Tamazight also constitutes an official language of the state, as a common heritage for all Moroccans without exception”. This declaration gives the Amazigh culture a legal status and legal protection. The state is required to develop and apply laws that make this cultural right real and practiced in education, media, public services, and administration. Article 5 also mentions that the protection of the Hassani cultural heritage is a major objective. For the promotion of linguistic and cultural expressions used in Morocco, The National Council of Languages and Moroccan Culture was created in the same constitution. In addition, the 2011 constitution includes other articles that endorse other cultural rights. For instance article 25 guarantees freedoms of thought, opinion, and expression in all its forms, article 26 promises freedom of artistic creation, scientific research, and literary and technical production, and article 31 ensures the enjoyment of cultural rights for all citizens. These articles represent a major step forward in recognizing that culture is not just a background element, but a right that every Moroccan has the freedom to practice, develop, and share. It reflects a shift toward democratic values that are predicated on inclusivity and respect for diversity. In general terms, the 1996 constitution does not directly address the element of cultural rights and it only offers limited and indirect freedoms related to culture. There is no mentioning of Amazigh or other Moroccan cultural components or cultural institutions or clear legislations or efforts to protect minority identities. The 2011 constitution, on the other hand, provides a strong legal foundation for cultural rights, which mainly involved the recognition of Tamazight as an official language, the support for other cultural groups, and the creation of institutions to protect this cultural diversity. It also guarantees freedom of cultural expression, which is essential in a modern and multicultural society. This change reflects Morocco’s growing commitment to inclusion, and it responds to the demands of civil society, human rights organizations, and international standards.

6. Conclusion

This comparative study of the 1996 and 2011 Moroccan constitutions shows a clear and important evolution in how culture is understood and represented in the country’s legal framework. In the 1996 constitution, the idea of culture is present, but only in a general and symbolic way. Morocco is described mainly as an Arab-Islamic nation with no recognition of its internal cultural and linguistic diversity. The constitution refers to Islam as the state religion and Arabic as the official language, and it reflects a one single national identity focused on religion and language. Cultural rights are not directly mentioned, and important cultural groups, especially the Amazigh population, are completely absent from the text. In contrast, the 2011 constitution represents a major turning point. It gives culture a much stronger and more inclusive role in defining the Moroccan identity. For the first time, the constitution officially recognizes Morocco’s multicultural and multi-ethnic identity by outlining not only Arab-Islamic heritage but also Amazigh, Saharan-Hassani, African, Andalusian, Jewish, and Mediterranean roots. This reflects a big change in terms of responding to the growing demand from Moroccan society to include all voices in the national discourse. The 2011 constitution also takes important legal steps to protect and promote culture. It recognizes Tamazight as an official language alongside Arabic and creates the National Council of Languages and Moroccan Culture to organize and promote Morocco’s linguistic and cultural richness. Articles related to freedom of expression, thought, and artistic creation further back up the idea that cultural rights are an essential part of the Moroccan citizenship. In short, the 1996 constitution regards the Moroccan culture as a uniform element focused on unity. The 2011 constitution, on the other hand, views culture as diverse and it gives a legal status for different identities to be protected and celebrated. The cultural evolution between the two constitutions represents political reforms, reflects the aspiration of Moroccan social movements, and exhibits Morocco’s efforts to modernize its institutions while respecting its diverse cultural roots. The two legal texts show not only a legal transformation but also a change in how Morocco defines itself as a nation by moving from a single identity toward a shared and inclusive one.

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