Public health facilities in Morocco have faced alarming shortages of HIV rapid tests for over a year, leaving patients without timely screening. At the same time, local manufacturers report having ready-to-ship supplies, highlighting a stark disconnect between supply and demand. This crisis reveals deeper systemic failures in the country’s public procurement processes, where legal provisions for national preference are routinely ignored.
Legal loopholes and market distortions
Moroccan law, particularly Decree No. 2.22.431, mandates that public tenders prioritize national production when technically feasible. The law prohibits specifications favoring foreign brands or patents, yet enforcement remains inconsistent. According to Abdelhay Rhorba, an administrative law expert at Hassan II University of Casablanca, such practices constitute a breach of equal opportunity principles and may amount to abuse of power.
«When technical requirements are drafted to exclude local producers—even unintentionally—it creates an unjustified exclusion effect», Rhorba explains. «Such conditions can be legally challenged, especially if they result in prolonged shortages of essential medical supplies.» Administrative courts assess these cases based on whether the exclusion is justified or arbitrary.
Barriers to local production
On the ground, manufacturers face systemic hurdles. A Moroccan medical device producer, who requested anonymity, revealed that despite supplying certified HIV tests to multiple African countries, local public tenders remain dominated by foreign products. «Our offerings meet all technical and regulatory standards, yet we secure less than 2% of public procurement contracts in our segment», the manufacturer noted. «The tender documents are often written around existing foreign products, ignoring emerging national capabilities.»
Efforts to clarify discrepancies with contracting authorities typically yield no response, leaving tender terms unchanged. The disconnect extends to policy contradictions: while the Ministry of Finance has raised tariffs on imported medical devices to bolster domestic production, the Ministry of Health continues purchasing foreign alternatives at higher costs, overlooking competitively priced local alternatives.
Government response and lingering doubts
The Ministry of Health attributes supply disruptions to «temporary procurement delays and international supply chain disruptions», acknowledging «occasional stockouts» in some facilities. However, critics question why local producers with available, certified stock were not engaged during these shortages. The ministry denies using direct procurement ( gré à gré ) methods, asserting all 2025 acquisitions followed competitive bidding procedures. Yet, multiple sources within the sector dispute this claim, citing instances where urgent needs were met through non-competitive channels.
Under Moroccan law, direct procurement is permissible only under strict conditions—such as extreme urgency or technical exclusivity—with written justification required. Failure to adhere to these rules renders the process illegal, Rhorba warns. «Without transparent documentation, it’s impossible to verify compliance or rule out favoritism.»
Sovereignty at stake: the cost of missed opportunities
The HIV testing crisis underscores Morocco’s struggle to achieve health sovereignty. While traditional lab-based testing remains available, rapid tests are critical for reaching marginalized populations who avoid clinical settings. «NGOs like OPALS and ALCS rely on these tests to screen high-risk groups», says Professor Jaafar Heikel, an infectious disease specialist. «When supplies run out, entire communities slip through the cracks.»
Local production offers financial and strategic advantages, Heikel adds. «Validated domestic tests reduce costs, enhance supply security, and align with the country’s long-term health goals.» Yet, persistent procurement biases threaten this progress. «Investors who repeatedly lose out on tenders will eventually abandon local ventures, leaving Morocco dependent on imports for products it can produce itself.»
2030 targets in jeopardy
Morocco has committed to the UNAIDS 95-95-95 targets—aiming to end AIDS as a public health threat by 2030. Achieving this requires widespread, accessible testing. «Every missed diagnosis delays treatment and increases transmission risks», a local manufacturer warns. Heikel agrees: «Reliable, locally produced rapid tests could accelerate progress toward these goals.»
The Ministry of Health insists it remains «fully committed to ensuring uninterrupted testing services», but stakeholders demand concrete action. «We need to see these commitments reflected in tender documents and procurement practices», a sector insider insists. «Otherwise, the system will continue to fail both patients and the national economy.»