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Legality of Non-Participation in Census: Insights from Experts
A group of citizens has raised concerns about the legality of not responding to census researchers who visit their homes. This discussion gained traction following remarks from Ahmed Al-Halimi Al-Alami, the High Commissioner for Planning, who stated that citizens refusing to answer census questions risk being categorized as outsiders to the national group.
According to the legal framework surrounding the general population and housing census, namely Law No. 001-71 enacted on June 16, 1971, penalties are outlined in Article 609 of the Penal Code for those who fail to comply with census procedures or knowingly provide inaccurate information.
Article 609 states that individuals engaging in practices such as divination or dream interpretation may be fined between 10 and 120 dirhams, categorizing this act as a third-degree violation.
In a recent discussion, lawyer Saeed Maash emphasized that the provisions in Law No. 001-71 represent the only penalty applicable to those who choose not to answer census questions. He argued that Al-Halimi’s threats of exclusion from the national group for non-participation are unfounded and illegal, effectively creating a false dichotomy among citizens based on their involvement in the census.
Maash further clarified that the regulations surrounding the census are explicit, imposing only a single penalty for those who decline to participate or provide inaccurate data. He views Al-Halimi’s proposals as a significant overreach, asserting that the identities of non-participating citizens cannot be disclosed.
A participant from the 2014 census reiterated that the law only imposes a fine of 10 to 120 dirhams, which did not prevent many citizens, particularly those in remote regions, from choosing not to engage in the 2014 census. This participant indicated that personal reasons might lead individuals to avoid answering census questions, reflecting their rights and freedoms.
The participant concluded that it is inherently challenging for the census to capture the responses of all citizens, acknowledging that some may opt out of the process without negatively impacting the overall integrity of the census.
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Ide false information. This law underscores the importance of accurate census data, which is essential for government planning and resource allocation.
Legal experts weigh in on the implications of non-participation. Dr. Layla Saadi, a constitutional law scholar, emphasized that while citizens have the right to privacy, this does not exempt them from the legal obligation to participate in the census. “The census is not just a government exercise; it’s a necessity for ensuring that all communities are represented and receive their fair share of resources,” she stated.
Conversely, civil rights advocates argue that the penalties may disproportionately affect marginalized communities who may be hesitant to engage with government officials. They advocate for a more inclusive approach that encourages participation through education and outreach rather than punitive measures.
In light of these discussions, experts recommend a balance between legal compliance and the protection of individual rights. Engaging the public in the importance of the census and how it impacts their lives could foster a greater willingness to participate, alleviating fears of repercussions.
