Bensaid defends heritage protection bill: 'Not a matter of majority or opposition'

Morocco’s Minister of Youth, Culture, and Communication, Mohamed Mehdi Bensaid, has firmly defended the contents of Draft Law No. 33.22 concerning the protection of cultural heritage.

Speaking during a session of the Committee on Education, Cultural, and Social Affairs in the House of Councillors, Bensaid emphasized that the law is not a matter of political rivalry between majority and opposition, but rather a national necessity.

He explained that the development of this legal text began as far back as 2002 but was delayed due to the involvement of various stakeholders and ministerial sectors.

Bensaid highlighted that the proposed law introduces significant new elements aimed at preserving Morocco’s cultural legacy. Among these is the formal recognition of intangible cultural heritage, with measures to shield it from foreign appropriation.

He explained that international organizations such as UNESCO and ICESCO do not offer protection but merely recognize heritage, placing the responsibility of preservation on national institutions.

He specifically referenced Moroccan cultural symbols such as zellij and caftans, which have recently been subject to international claims, arguing that such heritage must be actively defended.

The minister also addressed the importance of safeguarding the expertise of traditional artisans and cultural bearers, often referred to as “living treasures.” He noted that many master craftsmen have either passed away or retired, resulting in a gradual loss of valuable knowledge that is difficult to recover.

The new legal framework, he said, aims to preserve these skills and ensure their transmission to future generations. Bensaid stressed that intangible heritage is living and dynamic, and that Morocco must protect it against attempts to distort or appropriate it.

A key innovation in the bill is its provision for the protection of underwater cultural heritage. Bensaid announced that a national center dedicated to this domain will begin operations this year, citing Morocco’s rich and diverse coastline as a major asset.

He also revealed that a partnership has been established with the Royal Gendarmerie to facilitate the retrieval of submerged cultural artifacts. This initiative, according to the minister, is closely tied to the broader development of the cultural industry, and he pointed to the city of Salé as an example of the potential for maritime heritage tourism.

Bensaid also discussed the increasing need to regulate and protect Moroccan fine arts from piracy. In the past, there was little recognition of the country’s art market, but this is changing. For the first time, the Ministry of Culture is formally classifying certain artistic works as part of the national heritage.

This, he said, will enable the government to address cases of art piracy more effectively and respond to complaints filed by artists and stakeholders in the sector.

Another major feature of the bill is its push for stricter penalties against those who harm cultural heritage. The minister explained that in previous cases, some contractors chose to pay fines rather than comply with preservation laws, undermining the government’s efforts to safeguard historical sites.

The new legislation introduces tougher sanctions and mandates the preparation of heritage management plans. It also requires major construction projects near cultural sites to undergo impact studies. Bensaid argued that this approach does not hinder investment, but rather aligns it with cultural preservation, similar to practices in countries like Turkey, Greece, and Italy.

The House of Representatives approved the draft law in February 2025, following its initial adoption by the Government Council in November 2024. Bensaid concluded by affirming that this legal framework represents a significant step forward in preserving Morocco’s cultural identity, ensuring that the country’s rich traditions and heritage can thrive alongside modern development.