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Morocco Rule of Law Assessment

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Morocco Rule of Law Assessment MOROCCO RULE OF LAW ASSESSMENT Final Report September 2010 September 2010 This publication was produced for review by the United States Agency for International Development. It was prepared by DPK Consulting, a division of ARD, Inc. MOROCCO RULE OF LAW ASSESSMENT Program Title: USAID/Rule of Law Assessment Sponsoring USAID Office: Rule of Law Division, Office of Democracy and Governance, USAID (DCHA/DG/ROL) Contract Task Order Number: DFD-I-00-04-00173-00 TASK ORDER #5 Contractor: DPK Consulting, a division of ARD, Inc. Date of Publication: September 2010 Authors: 2009 Assessment Team: Louis Aucoin (JD), Achieng Akumu (JD), Ahmed Chaqri (JD), Maren Christensen (MALD), assisted by Teresa Cannady (JD) and Margaret O’Shea (JD) 2008 Assessment Team: Jan Stromsem, Gloria Jean Garland, Abdelaziz Nouaydi The views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. Morocco Rule of Law Assessment – September, 2010 TABLE OF CONTENTS ACRONYMS............................................................................................................................ i EXECUTIVE SUMMARY........................................................................................................ ii I. INTRODUCTION .................................................................................................................1 II. METHODOLOGY ............................................................................................................... 2 III. THE RULE OF LAW IN MOROCCO................................................................................. 5 A. Order and Security.................................................................................................. 5 B. Legitimacy............................................................................................................... 7 C. Checks and Balances............................................................................................. 9 D. Fairness ................................................................................................................ 17 E. Effective Application of the Law ........................................................................... 24 IV. CURRENT PROGRAMS OF INTERNATIONAL COOPERATION................................ 27 A. U.S. Government B. Other Donors V. RECOMMENDATIONS.................................................................................................... 30 VI. CONCLUSIONS.............................................................................................................. 38 ANNEXES 1. STATEMENT OF WORK (2009)...................................................................................... 40 2. STATEMENT OF WORK (2008)...................................................................................... 43 3. BIBLIOGRAPHY .............................................................................................................. 51 4. PERSONS INTERVIEWED .............................................................................................. 53 5. MOROCCO INTERNATIONAL CONVENTIONS ............................................................ 55 6. MOROCCO COURT SYSTEM......................................................................................... 56 7. MOROCCO COURT BUDGETS: 2001-2005.................................................................. 57 8. RELEVANT RECOMMENDATIONS OF JUNE 2008 EVALUATION TEAM REGARDING USAID-FUNDED COMMERCIAL COURTS PROGRAM ......................... 58 Morocco Rule of Law Assessment – September, 2010 ACRONYMS ABA-ROLI American Bar Association Rule of Law Initiative ADR Alternative Dispute Resolution AECID Spanish Agency for International Development Cooperation CLE Continuing Legal Education CSM Conseil Supérieur de la Magistrature CSO Civil Society Organization EU European Union GOM Government of Morocco ISM Institut Supérieur de la Magistrature MOI Ministry of Interior MOJ Ministry of Justice NGO Nongovernmental Organization OIG Office of Inspector General ROL Rule of Law SG Secretary General UNDP United Nations Development Program USAID United States Agency for International Development USG United States Government WB World Bank i Morocco Rule of Law Assessment – September, 2010 EXECUTIVE SUMMARY Rule of law reform in Morocco over the past decade has primarily involved creation of the administrative and commercial courts, creation of an independent judicial training institution that provides initial and continuing legal education for judges, and passage of laws enhancing human rights protections. While some improvements have occurred, including the adoption of a new family law in 2004, reforms have been limited. Recently, the pace of introduction of modernization efforts has slowed and while the King continues to be viewed with affection, many institutions of government are not popular. The judiciary is perceived to be ineffective by many Moroccans. More generally, there is a widely held perception that corruption is tolerated, that a political and security elite act with impunity, and that strong actions are taken against those who would challenge power as evidenced by the recent arrest and imprisonment of members of the press. The diversity within Morocco’s 34 million inhabitants in economic levels, backgrounds, beliefs, and educational attainment and the presence of radical factions impede the pace of democratic reform. The terrorist bombings in Casablanca in 2003 and 2007 served as a reminder of these challenges. The potential for social unrest influences governmental decision, sometimes tipping the balance in the direction of autocratic approaches. Based on this political and economic background, USAID has undertaken a rule of law assessment to inform the development of a programming strategy. The assessment took place in two phases with an initial assessment in October 2008, followed by an additional in-country visit in November 2009. The assessment teams conducted documentary reviews; interviews with governmental officials, private sector and civil society representatives, and other international donors; and targeted group meetings. Based on an analysis of this information the teams developed an assessment of the status of rule of law in Morocco and provided recommendations for a strategic approach to future rule of law programming. Some of the specific findings include the following: Judicial independence is lacking due to a number of factors, including deficiencies in both law and practice. The roles of the Ministry of Justice (MOJ) and the King further complicate this issue. Training methodologies and curricula at the Magistrates School, which trains judges and clerks, need to be updated and expanded. Current capacity and continuing legal education programs are not sufficient to provide the appropriate level of training. There is a lack of adequate policies and standards for procedural application of the law, resulting in significant case delays and lack of enforcement of judgments Access to justice is limited by lack of access to legal services, particularly for indigent and marginalized groups including women and children. There is a lack of judges who are specialized especially in family and juvenile law in the rural areas. Even though the juvenile law provides that prison should be a last resort for minors who commit crimes, in practice detention rates remain high. There is little focus on rehabilitation, and juvenile services are extremely limited. The number of disaffected and at- ii Morocco Rule of Law Assessment – September, 2010 Corruption is one of the most significant challenges confronting Morocco. The most recent Transparency International Corruption Perception Index (CPI) for Morocco was 3.3/10. The CPI has ranged from 3.2 to 3.7 over the past eight years.1 Programmatic interventions will need to be mindful of the political will to effect change, particularly the support for, as well as the limits imposed by, the governmental structures. There are some recent, positive indications of high level political support for justice system reform. In a speech in August 2009, marking the 56th anniversary of the 1953 Revolution, King Mohammed VI laid out a multi- part strategy for judicial reform. The elements of his strategy for reform include: strengthening guarantees of judicial independence, modernizing the regulatory framework, overhauling institutional structures and staffing, increasing efficiency, and implementing measures to prevent corruption and abuse of office. The MOJ is currently preparing a national justice reform strategy that will outline specific measures to implement the King’s broader strategy. Over the past decade, a number of new avenues for reform have been opened; nonetheless, there has been backsliding in some areas. Transparency and inclusion are overarching themes with particular importance in fighting corruption and developing civic education programs. To deepen program impact, given limited and unpredictable funding for this sector, it is important that any ROL activity coordinate and integrate themes that strategically link ROL activities to other relevant Mission sector activities and USG ROL efforts. Integrating ROL into all sector activities is essential for long-term development to provide security for foreign and domestic investment, property and contract rights, international trade, and other vehicles for advancing social and economic growth. The following paragraphs
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