NATIONAL HUMAN RIGHTS COUNCIL DRAFTS MEMORANDUM ON ORGANIC LAW ON HIGH COUNCIL OF JUDICIAL POWER

The National Human Rights Council (CNDH) drew up a memorandum about the organic law on the High Council of the Judicial Power, by virtue of the powers vested in it by Constitution and its founding law, and in a bid to contribute to public debate on the reform of justice.

The proposals put forward in this memorandum, which the CNDH adopted at its ordinary session, draw on different national and international reference standards and declarations, in particular constitutional provisions relating to the judiciary, the relevant recommendations of the Equity and Reconciliation Commission, the International Covenant on Civil and Political Rights, the Basic Principles on the Independence of the Judiciary, the Bangalore Principles of Judicial Conduct, the European Charter on the Statute for Judges, as well as the memoranda presented by Moroccan and international NGOs on justice reform.

The CNDH also carried out a comparative study of laws governing the supreme judicial councils of several advanced democratic countries (France, Belgium, Spain, Romania and Bulgaria).

Thus, the CNDH proposes that the Organic Law on the High Council of the Judicial Power should include a set of rules to ensure the Council’s financial and administrative autonomy.

In the same vein, the CNDH’s proposals on the election of the representatives of judges aim at strengthening the position of the Council, through its executive president, in the regulation of the electoral process. They also aim to ensure equitable representation of women magistrates, in compliance with the constitutional provisions on parity.

Concerning the rights and duties of the Council members, the CNDH recommends that some rights and duties of these members should be enshrined in the Council’s organic law. These mainly include the requirements of independence, impartiality, integrity and professional secrecy and the obligation to declare conflicts of interest that may influence the decisions of the High Council.

In terms of the Council’s mandate and powers, the CNDH recommends five core functions: managing judges’ career development, providing advisory opinions, conducting studies, ensuring control, audit and inspection, and developing a code of ethics and disseminating case law.

To strengthen guarantees for the evaluation of judges’ performance, the CNDH proposes that any judge who challenges the assessment of his professional performance could refer the case to the Promotion Committee. In the same context, it suggests offering judges the possibility to self-assess their performance, as part of a comprehensive assessment approach.

With regard to the disciplinary proceedings against judges, the CNDH recommends that the organic law enshrine several relevant constitutional provisions, namely: the participation of well-experienced inspecting judges in disciplinary matters, the qualification of any failure by a judge to shoulder his obligations of independence and impartiality as gross professional misconduct, and the possibility to challenge for abuse of power individual situation decisions issued by the High Council of the Judicial Power before the highest administrative jurisdiction of the Kingdom.

Concerning the organization and operation of the High Council of the Judicial Power, the CNDH memorandum suggests that the Council be composed of the following bodies: a general assembly that comprises all the Council members and has general deliberative competence on all the functions devolved on the Council; a bureau which includes, besides the executive president, three members elected by the general assembly; standing committees which prepare draft opinions and decisions of the general assembly and carry out studies and research required from the Council or which the Council conducts upon its own initiative; a secretary general appointed by the executive president from outside the members of the Council, after approval by the general assembly; and judicial inspection invested with the mission of auditing jurisdictions.

Regarding the operation of the Council, the CNDH puts forward two proposals. The first is related to the number of sessions, suggesting that the Council should hold at least two sessions a year in accordance with Article 116 of the Constitution. The second relates to the rules of procedure of the Council, which should be voted by the general assembly of the Council and submitted to the Constitutional Court to ensure compliance with the provisions of the Constitution and the Organic Law on the High Council of the Judicial Power.

Finally, the CNDH puts forward a set of proposals with regard to the training of judges, court clerks, lawyers and other legal professionals. For the Higher Institute of the Judiciary, it is recommended to review the composition of its board to strengthen the presence of the High Council of the Judicial Power therein, by giving its chairmanship to the executive president of the Council.

In the medium term, the CNDH proposes two scenarios. The first is to strengthen the research function of the Institute in order to assist the Council in discharging its new responsibilities. The second scenario is to create a higher institute of judicial studies affiliated to the Council. Given the specificity of court clerks’ training, it is proposed to create a national school for court clerks to provide initial and continuing training of court clerks and staff in all their working fields.

To complete the supply of training in legal and judicial professions, the CNDH proposes to establish regional training institutes, pursuant to the provisions of Law No. 28-08 amending the law on the practice of the lawyer’s profession and the decree fixing the conditions of their creation and operation.

The CNDH finally proposes to set up a justice training institute to provide training to all other categories of legal professionals, with a system for skill-validation and certification similar to that provided by the law on the practice of the lawyer’s profession.

It should be noted that under the new Constitution, the High Council of the Judicial Power replaces the High Council of the Judiciary. Article 113 of the Moroccan Constitution stipulates that the High Council of the Judicial Power “shall ensure the implementation of the guarantees granted to judges, especially with respect to their independence, appointment, promotion, retirement and discipline. It shall, on its own initiative, draw up reports on the status of justice and the judiciary, and make appropriate recommendations on the subject. The Council shall, at the request of the King, the Government or the Parliament, give a detailed opinion on any matter related to justice, subject to observing the principle of separation of powers”.

REGIONAL HUMAN RIGHTS COMMISSION OF BENI MELLAL-KHOURIBGA HOLDS ITS FOURTH ORDINARY SESSION

The Regional Human Rights Commission of Beni Mellal-Khouribga holds its fourth ordinary session on February 2-3, 2013, in Beni Mellal.

This session is held pursuant to Royal Decree establishing the National Human Rights Council (CNDH) and its rules of procedure. It will discuss various items, particularly the Commission’s activity report for 2012, the commission’s action plan for 2013, the executive plan of the educational caravan on citizenship and human rights to be organized jointly with the clubs of education in citizenship and human rights established within the educational institutions of the region.

The Regional Human Rights Commission of Beni Mellal-Khouribga was installed on January 9, 2012. In accordance with Article 28 of the Royal Decree establishing the CNDH, it is entrusted with tracking and monitoring the situation of human rights at the regional level and receiving complaints about alleged human rights violations.

The Commission’s territorial jurisdiction covers the provinces of Azilal, Beni Mellal, Fkih Ben Saleh, Khenifra, Khouribga and Midlet. Chaired by Mr. Allal El Bassraoui, it implements the Council’s programs and projects relating to the promotion of human rights, in collaboration with all stakeholders in the region.

REGIONAL HUMAN RIGHTS COMMISSION OF AGADIR CONVENES ITS THIRD ORDINARY SESSION

The Regional Human Rights Commission of Agadir convenes its third ordinary session on February 2, 2013, at its main office in Agadir.

This session is held pursuant to article 22 of the National Human Rights Council’s rules of procedure. A detailed presentation of the Commission’s activities in 2012, including the work of its thematic committees (Committee for human rights protection, Committee for promoting human rights culture, and Committee for stimulating reflection and debate on democracy and human rights) is scheduled for this session.

The 3rd session will also be an opportunity to establish a timeline for the future activities in the Commission’s action plan.

The Regional Human Rights Commission of Agadir was installed on January 23, 2012. In accordance with Article 28 of the Royal Decree establishing the National Human Rights Council, it is entrusted with tracking and monitoring the situation of human rights at the regional level and receiving complaints about alleged human rights violations. It is also responsible for implementing the Council’s programs and projects relating to the promotion and protection of human rights, in collaboration with all stakeholders in the region.

Its territorial jurisdiction includes the cities and/or provinces of Agadir Ida-Outanane and Inezgane-Ait Melloul, Chtouka-Ait Baha, Taroudante, Tata and Tiznit.

The Commission of Agadir is chaired by Mr. Mohamed Charef. Its members represent regional human rights associations and regional bodies of judges, lawyers, doctors, religious scholars, professional journalists, in addition to other actors actively involved in the protection and promotion of human rights.

NATIONAL HUMAN RIGHTS COUNCIL DRAWS UP MEMORANDUM ON HIGHER COUNCIL OF JUDICIAL POWER’s ORGANIC LAW

The (Moroccan) National Human Rights Council (CNDH) drew up a memorandum on the Higher Council of Judicial Power’s organic law, in fulfillment of its mandate and by force of the inherent powers entrusted by the constitution and its founding law.

Adopted by the Plenary of the council, the memorandum was drafted on the basis of the different national and international normative standards and declarations, including constitutional provisions relating to the judiciary, the relevant recommendations of the Equity and Reconciliation Commission, the International Covenant on Civil and Political Rights, the Basic Principles on the Independence of the Judiciary, the Bangalore Principles of Judicial Conduct, the European Charter on the Statute for Judges, as well as memoranda drafted by Moroccan and international NGOs on justice reform.

Before drafting its memorandum, the Council conducted a comparative study of laws governing judiciary councils in many democratic and advanced countries (France, Belgium, Spain, Romania, Bulgaria, etc.).
In its memorandum, CNDH proposes that the Higher Council of Judicial Power’s organic should include a set of rules to ensure the council’s financial and administrative autonomy.

CNDH’s proposals and recommendations on the election of the representatives of judges aim at strengthening the position of the Higher Council of Judicial Power (HCJP), through its Executive Chairman, regarding in the regulation of the electoral process. They also aim to ensure equitable representation of women magistrates, in compliance with the constitutional provisions on parity.

CNDH also recommends that some fundamental rights and duties of the members of this yet to be created council should be enshrined in the council’s organic law. These mainly include the obligation to perform one’s tasks and duties in full compliance with the requirements of independence, impartiality and integrity, the obligation to respect professional secrecy and the obligation to make known any conflict of interest that may influence the decisions of the Higher Council.
In terms of the HCJP’s mandate and powers, CNDH recommends five pillars: Managing judges’ careers, discharging an advisory mandate, conducting studies, ensuring control, audit and inspection, putting forward ethical regulations and disseminating jurisprudence.

In order to strengthen the guarantees for the evaluation of magistrates, CNDH suggests giving judges who challenge the assessment of their performance the right to appeal before the Promotion Committee. In the same vein, CNDH proposes to grant to magistrates the ability to self-assess their performance, within the framework of an overall assessment approach.

The memorandum also addresses issues related to disciplinary proceedings against judges. In this regard, CNDH recommends that several constitutional provisions should be enshrined in the the council’s organic law. These include, in particular, assistance by experienced judge inspectors in disciplinary proceedings and measures, considering any failure by a judge to respect the obligation of independence and impartiality as a serious professional misconduct, as well as the possibility to appeal, before the highest administrative court in the Kingdom, any abuse of power against the individual decisions of the higher council.

Regarding the functioning of the new Council, CNDH proposes the following structure: a General Assembly composed of all members of the Council mandated to deliberate on all issues and points related to the council’s mandate and prerogatives, a board made-up of the Executive Chairman and three members elected by the General Assembly, standing committees mandated to draft opinions and decisions for the general assembly and to conduct studies and researches that other competent stakeholders request from the Council or which the council conducts upon its own initiative, a Secretary-General to be appointed by the executive chairman, but not among the members of the Council, after approval of the general assembly and a judicial inspection body.

As for the organization its council, the memorandum suggests that the Higher Council of Judicial Power should not hold less than two sessions per year. It recommends that the rules of procedure shall be voted and adopted by the General Assembly and submitted to the Constitutional Court to ensure compliance with the provisions of the Constitution and the Council’s organic law.

With regard to the training of judges, clerks, lawyers and other legal professionals, CNDH suggests several measures to be taken. It recommends reviewing the composition of the Board the Higher Institute for the Judiciary in order to strengthen the position of the Higher Council in this board. The executive chairman of the Higher Council shall chair the Board of the Institute. In the medium term, CNDH has two recommendations: strengthen research within the Higher Institute for the Judiciary in order to help discharge the new responsibilities assigned to the Higher Council and create an Institute of Advanced Studies on Justice, affiliated with the Council.

Taking into consideration the particularities of the training of court clerks, the memorandum also suggests the creation of a national school to ensure initial and continuing training of court clerks and civil-servants working in the different judicial departments.

In order to have a comprehensive training offer on legal and judicial professions, CNDH recommends setting up regional training institutes, in accordance with Article 6 of Law 28-08, reforming the law relating to the exercise of lawyers’ profession and the Decree of conditions for their creation and operation. In the same vein, CNDH recommends creating an institute for justice jobs, which must provide training to all other categories of legal professionals. This institute should have a validation and certification system similar lawyers’.

Under the new Constitution, the Higher Council of Judicial Power replaces the Supreme Council of Magistracy. Article 113 of the Moroccan Supreme Law stipulates that the Higher Council of Judicial Power “shall ensure the implementation of the guarantees granted judges, especially with respect to their independence, appointment, promotion, retirement and discipline. It shall, on its own initiative, draw up reports on the status of justice and the judiciary, and make appropriate recommendations on the subject. The Council shall, at the request of the King, the Government or the Parliament, give a detailed opinion on any matter related to justice, subject to observing the principle of separation of powers.”

The memorandum is available in Arabic and French. It can be downloaded from CNDH’s portal: http://www.ccdh.org.ma/spip.php?article9046

REGIONAL HUMAN RIGHTS COMMISSION OF LAAYOUNE-SMARA HOLDS ITS THIRD ORDINARY SESSION

The Regional Human Rights Commission of Laayoune-Smara holds its third ordinary session on January 25, 2013 in the city of El Marsa.

The session will discuss Commission’s activity report 2012 and its plan of action for 2013. It will also discuss the constraints that the Commission faces in discharging its duties in 2012. The agenda also includes examining the activity reports and future action plans of the Commission’s thematic committees (Committee for human rights protection, Committee for promoting human rights culture, and Committee for stimulating reflection and debate on democracy and human rights).

Established on December 19, 2011, the Regional Human Rights Commission of Laayoune-Smara is entrusted with tracking and monitoring the situation of human rights at the regional level and receiving complaints about alleged human rights violations. It is also responsible for implementing the Council’s programs and projects relating to the promotion of human rights, in collaboration with all stakeholders in the region.

Its territorial jurisdiction includes the provinces of Laayoune, Smara, Boujdour and Tarfaya. Chaired by Mr. Salem Cherkaoui, the Commission consists of members from regional human rights associations and regional bodies representing judges, lawyers, doctors, religious scholars, professional journalists, and persons actively involved in the protection and promotion of human rights.

HISTORY, ARCHIVE AND PRESERVATION OF MEMORY IN THE MOROCCAN EXPERIENCE OF TRANSITIONAL JUSTICE, ROUNDTABLE ORGANIZED BY AL-HOCEIMA-NADOR REGIONAL COMMISSION

The Regional Human Rights Commission of Al Hoceima-Nador organizes a roundtable on history, archive and the preservation of memory in the Moroccan experience of transitional justice, on Sunday, January 20, 2013, at the Urban Commune of Al Hoceima.

This gathering aims to shed light on the achievements made within the framework of the Moroccan experience in the area of transitional justice. It will highlight, in particular, the projects and measures taken to encourage archive collection, writing down immediate history and memory preservation. These three elements are essential for reconciliation, rehabilitation of victims and society and positive and effective equity.

The participants of this roundtable will discuss to what extent the recommendations of the Equity and Reconciliation Commission are implemented, mainly and particularly those related to the positive preservation of memory.

They will debate and shed light on the measures taken to honor the past at the regional and national level. Possible ways to support initiatives related to documentation and promotion of sites of conscience and memory will be discussed. The participants will identify the role that research institutions and NGOs can play in this regard.

Suggestions and proposals related to the collection and classification of regional archive and to the enrichment of the Rif Museum project, so that it can reflect the major phases and moments in the immediate history of the region, are expected to be made.

One of the best regional practices in terms of writing down oral history and preservation of collective memory in the High and Middle Atlas region will be presented.

50 experienced stakeholders from different social, political, civil society and academic backgrounds will take part in this roundtable.

YEARS OF LEAD: MEMORY AND IMMEDIATE HISTORY, MOBILE CINEMA FOR THE PRESERVATION OF HISTORY AND COLLECTIVE MEMORY

The Regional Human Rights Commission of Marrakech organizes a film caravan entitled “Years of Lead: Memory and Immediate History”, from January 18 to February 1, 2013.

This caravan is organized in contribution to the implementation of the Equity and Reconciliation Commission’s recommendations, mainly those related to the preservation of history and memory.

4 Moroccan famous films dealing with the grave human rights violations that took place in recent past are scheduled for this mobile cinema festival.

The caravan is in line with a Program implemented to follow-up the implementation of the Equity and Reconciliation Commission’s Recommendations related to Archive, History and Memory (IER2). The Program is funded by the EU delegation and the Moroccan government.

This festival is organized in partnership with the Regional Academy of Education and Training in the region of Doukkala, the Regional Academy of Education and Training in the region of Marrakech-Tansift-Al Haouz, OCP Group (national phosphates corporate), the Delegation of the Ministry of Youth and Sport in the Province of Al Haouz and Marrakech School of Visual Arts (ESAV).

The four movies will be screened in Kalaat-Sraghna, Youssoufia, Tahanaout, Essaouira, Safi and Marrakech.

WORKSHOP ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN DRIOUCH

The Regional Human Rights Commission of Al Hoceima-Nador holds a full-day workshop on “Economic, social and cultural rights… situation and perspectives”. It will be held on Saturday, January 19, 2013, at 10:00 a.m., in the Rif Park’s Conference Room in Driouch.

Stakeholders from different social, institutional, political, civil society, human rights and academic backgrounds will take part in this gathering. The roundtable will be like a platform to come up with a regional plan of action for the promotion of human rights.

Several topics and issues will be discussed in this roundtable: “Development issues and economic, social and cultural rights”, “Role of the Agence de l'Oriental in the economic and social development” and “Local Associations and their role in promoting the Right to development”.

The participants will analyze the situation of the economic, social and cultural rights in the Province of Driouch. They will discuss the relevant issues and constraints that limit citizens’ access to these rights and exchange on the priorities that need to be tackled first. They will reflect on and propose programs to promote these rights. They will suggest recommendations to use the human rights based approach in development programs and projects.

REGIONAL HUMAN RIGHTS COMMISSION OF RABAT-KENITRA HOLDS ITS FOURTH ORDINARY SESSION

The Regional Human Rights Commission of Rabat-Kenitra convenes its fourth ordinary session on January 19, 2013, at its main office in Rabat.

This session is held pursuant to article 22 of the rules of procedure of the National Human Rights Council (CNDH). It will evaluate the outcome of the activities implemented between the second and third sessions, and assess the results of the regional human rights caravan organized on December 7-22, 2012. It will also examine the action plan of the year 2013.

Installed on February 16, 2012, the Commission, in accordance with article 28 of the Royal Decree establishing the CNDH, is entrusted with tracking and monitoring the situation of human rights at the regional level and receiving complaints about alleged human rights violations. It is also responsible for implementing the Council’s programs and projects relating to the promotion of human rights, in collaboration with all stakeholders in the region.

Its territorial jurisdiction covers Rabat, Salé, Skhirat, Temara, Kenitra, Khemissat, Sidi Kacem and Sidi Slimane. Chaired by Mr. Abdelkader Azriâ, the Commission includes in its membership the Regional Ombudsman and members representing regional human rights associations and regional bodies of judges, lawyers, doctors, religious scholars, professional journalists, as well as persons actively involved in the protection and promotion of human rights.

The Commission is composed of three thematic committees: Committee for human rights protection, Committee for promoting human rights culture, and Committee for stimulating reflection and debate on democracy and human rights.

CNDH TO PARTICIPATE IN DOHA IN MEETING ON DIVERSITY, MINORITY RIGHTS AND CONSTITUTIONAL REFORMS IN MENA

Representing the National Human Rights Council (CNDH), Secretary General Mr. Mohamed Essabbar participates in Doha-Qatar, on 19-21 of November 2012, in a consultation on diversity, minority rights and constitutional reforms in the Middle East and North Africa.

Representing the National Human Rights Council (CNDH), Secretary General Mr. Mohamed Essabbar participates in Doha-Qatar, on 19-21 of November 2012, in a consultation on diversity, minority rights and constitutional reforms in the Middle East and North Africa.

Under the theme “Reflecting diversity in the process of constitutional reforms in the Middle East and North Africa”, this consultation is organized by the Office of the United Nations High Commissioner for Human Rights and the United Nations Human Rights Training and Documentation Center for South-West Asia and the Arab Region. It is held in celebration of the 20th anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the UN general assembly on 18 December 1992.

This meeting is held within the current context of and situation in MENA and the ongoing constitutional reforms in the region. It will be an opportunity to reflect on the possibilities and strategies to include the rights of minorities in the constitutional reforms in light of the international relevant standards.

Significant human rights experts will take part in this meeting. They will discuss the constitutional reforms in the region in light of the rapid change and particularly its inevitable impact on vulnerable groups. They will examine the legal developments and discuss the possibility to inspire from the international minority right standards, including the principles of the Declaration, in order to protect human rights in Middle East and North Africa, in drawing up those constitutions.

Under the declaration, “persons belonging to national or ethnic, religious and linguistic minorities…have the right to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.” They “have the right to participate effectively in cultural, religious, social, economic and public life” and “to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live.”