The House of Representatives adopted, on Monday by a majority, bill n°18.18 relating to the organization of calls for public generosity and the distribution of aid for charitable purposes.
This text, the provisions of which were presented by the Minister of the Interior, Abdelouafi Laftit, aims to bring together all the optimal conditions for the success of operations to collect donations and distribute aid, capable of enabling people poor people to benefit from aid and to protect them against all forms of exploitation.
Charitable action is one of the values of living together and humanitarian cooperation which is of great importance in the field of voluntary and social solidarity in order to support people who need help from society, considered the Minister, noting that charitable action in the Kingdom has experienced many positive developments emanating from the high values of solidarity stemming from the cultural, civilizational and religious heritage of all Moroccans.
The text carries a renewed vision aimed at encouraging and organizing charitable action in such a way as to increase its effectiveness and efficiency by adopting rules of good governance based in particular on the transparency of operations for collecting donations and distributing aid, as well as that it intends to activate the role of the means of the State in monitoring and control so as to preserve the human dimension of these acts and thus guarantee that they are not exploited to serve suspicious objectives.
The shortcomings of Law No. 00.4.71 relating to public charity, which constitutes the legal framework for these operations, were examined, namely the absence of sufficient provisions concerning the operation of solicitation of public charity and the non- – integration of new technical means, he said.
This bill therefore provides answers and new solutions which, he continued, are in line with developments in society and modern technologies with the aim of encouraging voluntary actions and donations and of rationalizing and simplify the related procedures in an optimal way.
This text is divided into three axes, namely the collection of donations, the distribution of aid and the operations of control of the collection and distribution of donations, continued Abdelouafi Laftit, explaining that the first axis established fundamental principles whose the first is the submission of all appeals for public generosity to the prior authorization procedure with the administration regardless of the means used in the appeal, traditional or electronic.
Concerning the second principle, the Minister underlined that the collection of donations has two objectives: the financing of the realization of activities or projects of a social, humanitarian, solidarity, charitable or cultural nature, and the aid or subsidy of people in need or non-profit social institutions legally created, whether inside or outside Morocco.
The third principle is to limit the appeal for public generosity to civil society associations only, unless the objective is to provide aid in case of urgent need, he noted.
It is also about the obligation to deposit the sums of money from this operation in a bank account dedicated to this purpose and not to continue to receive donations outside the time limits reserved for collection, said Abdelouafi Laftit who clarified that the funds to be collected must meet the conditions for the preservation of health and quality so as to guarantee their use.
The text also provides among its principles the obligation for the party that calls on generosity to inform the public via the available means of the fundraising operation, while granting the right to everyone who makes a donation to obtain information from the authorized collection party about the results of the operation and to ensure that the donations have been spent on charitable purposes.
The bill also invites the party authorized to collect donations to keep the registers, documents and financial data related to the operation for a period of at least 5 years, he continued.
It also stipulates to declare, in advance, all aid distribution operations for charitable purposes to the governor of the prefecture or province in which the distribution is planned ten days before the date of the operation or 24 hours in case of emergency.
The text also offers the administration the possibility of ensuring that these charitable operations do not undermine public order and that they do not coincide with events and occasions that may impact their charitable character, said Abdelouafi Laftitt.
According to the Minister, the aids to be distributed must meet the health and safety standards that are applied to other goods and products intended for the public.
The new draft law provides for granting competence to the administration, in general, and to the territorially competent local administrative authority, in particular, to ensure the monitoring and control of all the phases relating to fundraising operations. public and aid distribution.
The organizing party is obliged to communicate to the administration a detailed report on the progress of this operation, as well as all the documents and information proving the allocation of all the sums collected for the announced purposes, while the distributing entity must submit to the administration all information and documents relating to the distribution of aid, and to specify the estimated financial value of the aid to be distributed, while identifying the sources of its financing, noted the minister.
And Abdelouafi Laftit underlined that the bill is of great importance in terms of improving the action of public authorities and other stakeholders among the components of civil society, the aim being to achieve the objectives of these initiatives of a humanitarian and supportive.