Kingdom of Morocco
Source:
Central Intelligence Agency – World
Factbook: Morocco
A. Ancient Moroccan History
The
Berbers, an ancient civilization of nomadic Christian and Pagan tribal people,
inhabited the western coast of North Africa many centuries before being driven
inland to the Sahara desert and Atlas Mountain regions by the invasion of the
Arabs in the 7th century A.D.
There had been other invaders –
- the Phoenicians, a
maritime people from the eastern Mediterranean who established trading
posts on the northern coast of Africa in the 12th century B.C.,
- the Carthaginians who
invaded and occupied the Phoenician settlements,
- the Romans who, in the
2nd century B.C., ousted the Carthaginians, moved into the
Berber kingdoms and dominated the African Mediterranean coast for nearly
six centuries,
- the Vandals in the 5th
century A.D., and
- Byzantium in the 6th
century A.D.
--
but it wasn’t until the Arab invasion that the Christian and Pagan Berbers were
converted to Islam.
Between
1062 and 1544 A.D., the Berbers once again ruled over Morocco with the
exception of a brief period between 1212 and 1250 A.D. when the country was
invaded by Spain, and civil war broke out in between the Berber and the Arab
factions.
- The Sanhaja Tribe, a
nomadic people who settled in the Sahara desert and regions south of the
Sahara, became the Almoravide Dynasty and ruled from 1062 until 1147 A.D.
- The Masmoda Tribe, an
agrarian people who settled in the Atlas Mountains, became the Almohade
Dynasty and ruled from 1147 until 1258 A.D.
- The Zenata Tribe, a
horseback-riding nomadic people who settled in the cold, high plateau of
the interior of the country, became the Merinide Dynasty and ruled from
1258 until 1544 A.D.
In
1544 A.D., the Arabs won their struggle for supremacy, and the descendants of
the prophet Mohammed ruled Morocco until parts of the country and the Western
Saraha came under Portuguese, Spanish and French influence in the 15th
century.
.
- Saadian Dynasty ruled
from 1544 until 1640 A.D.
- Alaouite Cherifian
Dynasty ruled from 1640 until coming under the rule of the French and
Spanish in the early 1900s and then again after gaining independence in
1956 until the present time.
B. Morocco in the Twentieth Century
By
1904, parts of Morocco were divided between France and Spain. This spawned Germany to instigate a
rebellion by the Moroccans against the French.
By 1906, French and German negotiations enabled Germany to join the
other major European powers in recognizing Morocco as a French
Protectorate. During the 1920s, Spain
and France formed an alliance to recapture territories lost during a rebellion
in the Spanish segment of Morocco.
In
1956, under the rule of King Mohammed V, Morocco gained independence from
France and Spain. King Mohammed V ruled
Morocco until his death in 1961when he was succeed by his son, King
Hassan II. King Hassan II
proposed the establishment of a constitutional monarchy and held the first
general elections for Parliament.
However, parliamentary rule proved unsuccessful and King Hassan II was
compelled to suspended and rule without parliament for seven years from 1963. In 1975, King Hassan II organized “The Green
March” in which 350,000 unarmed Moroccans marched into the Sahara and
successful liberated parts of the Sahara still under Spanish rule. King Hassan II died July 23, 1999 and was
succeeded by his son, King
Mohammed VI who currently rules Morocco.
Sources:
Ministry of Communication – History of Morocco
The International Magazine on Arab Affairs – Special Report: King
Muhammad V
II. The Government
A. The Monarchy
Morocco
is a democratic, social and constitutional monarchy. The monarchy is hereditary; the crown is passed from the King to
his direct male descendents; or should there be none, to the closest male of
consanguinity. The King, however,
reserves the option to designate during his lifetime a son other than the
eldest to succeed him. The King of
Morocco is the head of state and commander in chief of the armed forces as well
as supreme spiritual leader of his country.
The King is “the Protector of the rights and liberties of the citizens,
social groups and organizations.” (Article 19)
The reigning King of Morocco is Mohammed
VI who was born August 21, 1963.
The King
- appoints the Prime
Minister and presides over the Council of Ministers;
- appoints judges;
- “presides over the
Supreme Council of the Judiciary, the Supreme Council of Education and the
Supreme Council for National Reconstruction and Planning.”
- has the ability to
dissolve parliament and rule by decree;
- “may submit any draft
bill or proposed law to referendum”.
B. The Executive Branch
The
Government of Morocco is comprised of
the Prime Minister and the Council of Ministers. The Prime Minister, who is appointed by the
King, nominates members of the Council
of Ministers for the King’s appointment.
The King, however, has the authority to replace any minister with one of
his own choosing. The current Prime
Minister of Morocco is Abderrahmane
YOUSSOUFI of the Socialist Union of Popular Forces (USFP). Prime Minister Youssoufi was appointed by
the late King Hassan II in February 1998.
The Prime Minister
- is responsible for the
execution of the law;
- coordinates the
activities of the Council of Ministers;
- introduces legislation
to parliament;
- exercises regulatory
power.
Sources:
Ministry
of Communications - Government,
Central
Intelligence Agency – World Factbook:
Morocco
C.
The Legislative Branch
Morocco’s
bicameral Parliament comprises the Chamber of Counselors and the Chamber of
Representatives.
The
Chamber of Counselors is the Upper House of the Parliament and is
comprised of individuals elected by an electoral college consisting of elected
members of trade and wage-earner organizations for a nine-year term. The Chamber of Counselors is presided over
by an elected President and members of an elected Board. One-third of the Upper House is elected
every three years.
The
Chamber of Representatives is the Lower House of Parliament and is
comprised of individuals directly elected by the people of Morocco for a
six-year term. The Chamber of
Representatives is presided over by an elected President and members of an elected
Board.
Parliament
- initiates and then
votes on individual and collective rights which then must be ratified by
the King;
- controls Morocco’s
finances and outlines economic, social and cultural objectives for the
country;
- determines offenses and
penalties for existing laws;
- is responsible for the
legislation regarding the statute of magistrates and the general statute
of public offices, criminal and civil procedure, and the fundamental
guarantees granted to civil servants; and
- regulates local elections,
civil and commercial matters, and the transfers of enterprises to and from
the public and private sectors.
The Constitutional Council
The
Constitutional Council comprises six members, three members appointed by the
President of the Chamber of Representatives, and three members appointed by the
President of the Chamber of Counselors King for a non-renewable nine-year
period – one-third being renewed every three years. The Chairman of the Constitutional Council is selected by the
King from his appointees. The Council
screens laws before their promulgation to ensure their consistency with the
Constitution. The Council is also
responsible for overseeing elections of members of Parliament and the operation
of referendums. The decisions of the
Constitutional Council are final and binding on all public authorities.
Sources:
Ministry
of Communications – The Two Houses of Parliament
Program on Governance in the Arab Region –
Morocco: Legislature
D.
The Judiciary
The
independence of the Judiciary is guaranteed in Morocco’s Constitution (Article
82). The authority of the judiciary is
administered by the Supreme Council of the Judiciary which is presided over by
the King. Members of the Supreme
Council of the Judiciary include:
- Minister of Justice
- First President of the
Supreme Court
- Prosecutor-General of
the Supreme Court
- President of the Civil
Chamber of the Supreme Court
- 2 representatives
elected by judges of the Courts of Appeals
- 4 representatives
elected by judges of the first instance courts
Administration
of the court system including budgetary matters is carried out by the Ministry
of Justice. The 1974 Code of Civil
Procedure limits the role of the judiciary forbidding judicial review of laws
or decrees. The judicial review of
administrative acts is rare.
There
are three levels of courts of general jurisdiction:
- communal, district
courts and primary courts
- courts of appeals, and
- the Supreme Court
Communal, District and
Primary Courts
Communal
and District Courts were established to settle minor criminal offences. These courts may not imprison offenders but
may only impose monetary penalties.
There is no appeal from these courts.
- There are 27 Sadad
Courts which are courts of first instance for Muslim and Jewish
personal law. Jurisdiction extends
to all criminal and civil offenses.
Cases with penalties which exceed a certain monetary amount may be
appealed to the Regional Courts.
Each Sadad Court is divided into the following sections:
- Islamic Law (Shari’a)
- Jewish Law
(Rabbinical)
- Civil, Commercial,
Administrative
- Criminal
- There are Regional
Courts in each of the 16 provinces and in Rabat and Casablanca. These courts have original jurisdiction
in their area and also hear appeals from the Saddad courts. Cases may be appealed to the Courts of
Appeals. Each Regional Court is
divided into the same sections as the Sadad Courts.
Courts of Appeals
There
are nine Courts of Appeal that hear appeals from the regional courts and also
exercise preliminary jurisdiction in felony cases.
Supreme Court
The
Supreme Court is the court of highest appeal.
The court is also a constitutional court, but only in regard to actions
of administrative bodies; royal legislation is not subject to judicial
review. The Supreme Court may review
the decisions of all lower courts and tribunals. The Supreme Court is divided into five chambers:
- Constitutional Chamber
- determines the
constitutionality of parliamentary legislation. The chamber is composed of the First President of the
Supreme Court, 3 judges appointed by the King, and 3 judges appointed by
the President of the House of Representatives
- Criminal
- Administrative
- Social
- Civil
Courts with Special Jurisdiction
·
Special
Court of Justice hears cases involving judges and government officials
·
Permanent
Court of the Royal Armed Forces
·
The
High Court of Justice tries cases involving crimes committed by government
officials in the performance of their duties after they have been indicted by a
2/3 majority of Parliament. The
President of the High Court is appointed by the King and each chamber of
Parliament may elect representatives equal to the other chamber.
·
Audit Court monitors and controls
government finances
·
Labor
Tribunal hears labor disputes and settles them by means of conciliation. This court is
headed by the President of the Labor Tribunal and includes members chosen from
among employers and workers.
Sources:
Ministry of Communications – Judiciary Setup
Emory
School of Law – Country Profiles:
Morocco
Program on Governance in the Arab Region – Morocco: Judiciary
Info-Prod
Research Middle East Ltd. – Morocco:
Legal Review
III.
Sources of Law
Moroccan
law is a body of legislation combined with religious and traditional
customs. Moroccan law is based on the
Shari’a, the body of Islamic law and practices based on the Holy Qur’an. However, Moroccan law has been influenced by
customary Berber law as well as French and Spanish legislation enacted during
the protectorate. Because of the
colonial influence, a commercial law has been separated from the Shari’a. This separation is manifested by two
separate bodies of law, modern law and Islamic law.
- Modern law is based on
the French civil law codes and practices.
In fact, some French codes written in the early 1900s have
survived, and other laws have been inspired by French codes of other
nations such as the Commercial Code, the Code of Obligations.
- Islamic law governs
personal status, family law, criminal law and some areas of property law.
All laws and legislation must be promulgated by Dahir (royal pronouncement) and
published (usually in the Bulletin Officiel) in both French and
Arabic. The hierarchy of Moroccan
legislation is somewhat confusing; while codes are clearly superior, inferior
laws or regulations may trump those laws appearing to have supremacy, including
acts of Parliament.
The Moroccan Constitution
Several
constitutions and amendments were promulgated under King Hassan II. The first constitution was adopted in 1962
and was replaced by the constitutions of 1970 and 1972 with major amendments in
1980. Another constitution was promulgated in 1992, with
major amendments in 1996 after the
referendum in September 1996.
The
Moroccan Constitution is organized as follows:
- Preamble
- General
Provisions: Basic Principles
(Articles 1-18)
- Monarchy (Articles
19-35)
- Organization of
Parliament, Powers of Parliament, Exercise of Legislative Power (Articles
36-58)
- The Government
(Articles 59-66)
- The Branches: Relations between the King and
Parliament, Relations between Parliament and the Government (Articles
67-77)
- The Constitutional
Council (Articles 78-81)
- The Judiciary (Articles
82-87)
- The High Court of
Justice (Articles 88-92)
- The Economic Council
(Articles 93-95)
- The Audit Court
(Articles 96-99)
- Local Government
(Articles 100-102)
- Revising the
Constitution (Articles 103-106)
- Special Provisions
(Articles 107-108)
Other Major Codifications of Moroccan Law
- Code of Obligations and
Contracts
- Civil Code - Dahir
1-57-343 of 1957; a compilation of religious and legal instructions
attributed an 8th century Islamic teacher. The Moroccan version is derived
closely from the Madjallah of 19th century Ottoman Turkey
- Code of Civil Procedure
of 1974 (revised 1993) - Loi 1-93-206 of 1993 and Loi 1-93-46 of 1993
- Commercial Code - Dahir
1-96-83 of 1996
- Criminal Code (revised
1994) - Dahir 1-59-413 of 1962. Last amended by Dahir 1-94-284 of 1994
- Code of Criminal
Procedure Dahir 1-58-261 of 1959
- Code of Personal Status
of 1957-58 - establishes a woman’s status in society as subordinate to a
man’s status. Based on Morocco’s
civil law, the law establishes a husband’s domination over his wife and
her duty to obey him in all matters.
Source:
Since the 1990s, Morocco has made great strides toward the advancement of human rights. The creation of the Advisory Council on Human Rights and the Ministry of Human Rights along with the adoption of the 1996 amendments to the Constitution reflect the Government’s commitment to complying with international law on human rights. Despite these actions, there are still areas of great concern:
· the practice of enforced or involuntary disappearances continues in Morocco;
· the Government’s closure of the weekly newspapers Le Journal, Assahifa and Demain accusing them of “threatening the stability of the State in connection with the publication of a letter from Mohamed Basri, a political opponent, which allegedly implicated the current Prime Minister in the attempted coup d’état of 1972 against King Hassan II.”
· the widespread physical and sexual abuse of young girls (many under the age of 10) working outside the home as maids
· the prevalence of child prostitution and pornography in Morocco;
· the treatment of children in prison between the ages of 16 and 18 as adults;
· the practice of torture during interrogation and incommunicado detention;
· Women’s personal status is governed by a code based on Islamic law that discriminates against women in matters of divorce and inheritance
Sources:
MEDA Democracy Evaluation - Final Report: Human Rights & Democracy in Morocco
For the Record
2001: The UN Human Rights System: Morocco
Freedom
in the World – 2001-2002: Morocco
V. Legal Profession
Judges
Judges
are appointed by royal decrees on the recommendation of the Supreme Council of
the Judiciary. There are two types of
Judges – Les Magistrats du Siege and Les Magistrats du Ministere Public.
- Les Magistrats du Siege
hear cases under their jurisdication; and, in keeping with the
independence of the judiciary, are irremoveable.
- Les Magistrats du Ministere
Public consist of Les Magistrats du Parquet and Magistrats
d’Administration Centrale
- Les Magistrats du
Parquet are representatives of the Ministry of Justice who do not hear
cases and are removeable.
- Magistrats
d’Administration Centrale are Magistrates of Police Headquarters
Judges
hearing family law cases (marriage, divorce, child custody, child support,
inheritance) are trained in Islamic law.
Judges hearing criminal cases or civil law cases are trained in the
French legal tradition. The National
Institute of Judicial Studies was established to provide a three-year training
program for new judges with concentration in human rights and the rule of
law. It is not necessary for a Judge to
be a lawyer; in fact, judges are usually not lawyers.
Lawyers
Les
Avocat are the lawyers who act as advocates for their clients in cases in the
Moroccan judicial system. In addition
to the litigation monopoly they enjoy, Les Avocats also counsel clients and
draft pleadings and informal agreements.
There
are three main law schools in Morocco – The University Mohammed V Law School,
the University Qarawiyine’s Law School at Fes and the Ecole Marocaine
d’Administration at Rabat. The
organization and operation of the legal profession is governed by a law promulgated
in August 1996.
Other Court Officials
Les
Greffiers assist judges in the administration of the court;
Les
Huissiers serve court documents as well as execute judgments;
Les
Notaires draft legal documents;
Les
Adouls are official witnesses who cosign declarations and judgments;
Les
Traducteurs translate and interpret for the court; and
Les
Experts are officials with expertise in science and technology who express
opinions at the request of the court.
Source:
Ministry of
Justice – Les Professionnels de la justice