Against the backdrop of the “tragic events” that took place in the city of Safi last Sunday night, due to a flood that claimed the lives of 37 citizens according to the latest figures, the discussion of “ways for the government to compensate those affected financially” has resurfaced.
This incident has reopened the debate about the “Solidarity Fund Against Natural Disasters,” which was absent during the “Southeast Floods.” Local sources confirm that victims who lost their cars underwater faced “towage” workers demanding payments of up to 300 dirhams.
The Attorney General at the Court of Appeal in Safi announced that the Public Prosecution has decided to open a judicial investigation into the flash floods that hit the Safi region on Sunday evening, which resulted, in a provisional count, in the death of about 37 people.
Ayman Amalik, a member of the Open Government Oversight Committee and the general secretary of the Association for Youth, said that the government should acknowledge that what happened was a natural disaster that enables those affected to receive compensation, and that the state in general is responsible for compensating these affected people, especially since they settled and built their shops with official licenses.
Amalik added, in a statement to Hespress, that the matter now rests with the government to implement the necessary measures. He also stressed the importance of civil society's involvement, especially given the reported material and human losses.
The civil activist continued: “If there had been a quick intervention and proactive measures at the beginning, this problem would not have occurred in the first place. If it weren’t for the young volunteers stepping up to do their duty, the number of victims and deaths would have been greater than it is now. And up to this moment, there is no sufficient and tangible government response to this incident, and this is a recurring dilemma.”
The same spokesperson pointed out that the current reaction from the government is weak, and is a policy of “running away” or an “ostrich” policy that does not see the reaction, calling for “stopping these practices; the principle that the government must adhere to is linking responsibility with accountability, and identifying those responsible for the violations in a country that seeks to organize major sporting events such as the World Cup.”
Amalik called for “an immediate investigation to find out who caused this disaster, and what should have been done to avoid it; because the focus should be on accountability. After that, ways can be made to activate material compensation for property.”
For his part, Abdelrahim Al-Allam, a professor and researcher in legal and constitutional affairs, said that there are several texts in the Moroccan constitution that obligate the state to bear responsibility for the damages resulting from neglecting its interests; Articles 40, 93 and 136 all move in the direction of arranging responsibility for the interests of the state.
Al-Allam added, in a statement to Hespress newspaper, that floods are not, in essence, an unavoidable fate; rather, they are expected matters that can be dealt with and their effects reduced. Here, the responsibility falls largely on the state and its local institutions to take the necessary preventive measures.
The legal expert continued: “Regarding the recent disasters and the resulting deaths and material losses, the government must act quickly to ensure compensation for the damages,” emphasizing that “the state’s legal responsibility for compensation is established and supported by judicial precedents, as the state has previously compensated the victims and the judiciary held it responsible.”
Abdelrahim Al-Allam believes the state must prevent damage by taking necessary precautions before disasters occur. In the event of expected heavy rainfall, municipalities, for example, must effectively maintain and clean drains and waterways. There are a number of anticipated measures that should be taken to minimize the extent of the damage.
The same spokesperson emphasized that the government bears responsibility because it failed to take the necessary preventative measures that could have protected citizens from the floods and the resulting damage. This aspect of responsibility is clear and undeniable. Regardless of whether a disaster relief fund exists, the government must provide compensation.
Al-Allam also pointed out the importance of this initiative, especially since a large segment of those affected may not have the ability to go to court to claim their rights.
