Full Text of King Mohammed VI’s Speech on 56th Anniversary of the Revolution of King and the People
(August 2009)
Praise be to God May peace and blessings be upon the Prophet, His Kith and Kin
My Loyal Subjects,
The chief objectives targeted by the Revolution of the King and the People include regaining Morocco’s independence and building state institutions founded on the rule of law and the equity of justice.
As part of the greater struggle we are waging to achieve this lofty objective, I have decided to devote this speech, which marks the fifty-sixth anniversary of the Revolution, to the launch of the in-depth, comprehensive reform of the judicial system. The aim is to support the major modernization and development projects which are being carried out under my leadership.
Ever since I took up the sacred mission of leading the nation, one of my top concerns has been to reform the judiciary, using a new approach that marks a break with past unilateral or limited approaches, and the negative effects that have been accumulated.
To introduce an extensive reform which goes beyond the judiciary and encompasses the entire justice system, we have followed the participatory, inclusive approach that proved successful when addressing the defining issues of the nation.
I commend the institutions and stakeholders concerned for their truthful response to the broad-based consultations I called for, and for the judicious views that emerged from them.
To make sustainable this constructive approach, I intend to create a standing, diversified highly representative advisory body that will enable the judiciary to open up to the surrounding environment. Such a platform will serve as an institutional forum for reflection and expertise-sharing on matters relating to justice, without encroaching on the powers of constitutional institutions and public authorities or on the independence of the judiciary.
The judiciary is not only an essential prerequisite to ensure citizens are equal before the law, but it is also a mainstay of justice and of social stability. In fact, the legitimacy of the state itself and the inviolability of its institutions derive their strength from the power of justice, which is the cornerstone of governance systems.
I have therefore decided that strong impetus should be given to the reform of justice, relying on a roadmap with a clear frame of reference, ambitious objectives, specific priorities and effective implementation steps.
The outstanding elements in this frame of reference are the immutable values of the nation, mainly the notion that justice is part and parcel of the duties lying with the Imarat Al Muminin (Commandership of the faithful), and that it is the Monarch who is responsible for upholding the independence of the judiciary.
In this respect, it is also necessary to take into account the relevant national proposals and recommendations, as well as the constructive conclusions included in the document drafted by the Ministry of Justice, following the broad-based consultations initiated by the ministry. The international commitments of the Kingdom must also be kept in mind.
We seek to make justice more trustworthy, credible, effective and equitable, because it serves as a strong shield to protect the rule of law. It is a pillar of judicial security and good governance, and acts as a booster for development. We also want to make sure justice keeps up with the domestic and international changes underway, and meets the standards of justice as it should be in the 21st century.
To achieve these major objectives, I call on the Government to develop a well-defined, integrated plan that reflects the strategic depth of the reform, which should revolve around six pivotal axes. These include enhancing the safeguards for an independent judiciary system, modernizing the legal system, upgrading its structures and human resources, bolstering judicial efficiency, consolidating the moralisation process and ensuring optimal, effective implementation.
My Loyal Subjects,
No matter how relevant the strategic, long-term objectives may be, we should still keep in mind that the citizens need to have a clear perception of the positive impact of the reform in the short run.
I therefore instruct the Government, especially the Ministry of Justice, to start the implementation process in six priority areas :
a : consolidating guarantees of independence by granting the High Council for the Judiciary the status it deserves as a full-fledged constitutional body, and entrusting it with the powers it needs to manage judges’ careers. It is also necessary to reconsider the mode of election of its members, and ascertain that they have the required competence and integrity and that women’s representativeness in the council tallies with their presence in the judiciary Furthermore, the council’s working methods need to be streamlined.
Similarly, the regulations governing the judge’s status should be revised to ensure more professionalism, accountability and impartiality, and steps should be taken to boost the career promotion process. Likewise, by–laws should be enacted to address the status of court clerks, and there should be an overhaul of the legal framework governing the various judicial professions.
b : updating the legal system, especially where business, the investment environment and the conditions for fair trial are concerned.
This requires developing a new penal policy, that involves reviewing and harmonizing criminal law along with the penal code, which should be brought in line with the current changes. To this end, a national crime observatory should be set up, while efforts should continue to upgrade reformatory and penitentiary institutions.
At the same time, it is necessary to develop alternative judicial approaches such as mediation, arbitration and conciliation, and to devise substitutes for sanctions meted out by the courts.
c : upgrading the judicial and administrative structure by applying, within the Ministry of Justice as well as in the courts, new governance rules based on the principle of administrative devolution.
The aim is to grant judicial officers the necessary powers, including a mandate to carry out periodic and ad-hoc inspections based on an effective approach. It is also necessary to adopt a roadmap and to address the issue of judicial organisation, using a rational approach which is in line with the requirements of the proposed reform.
d: upgrading the human resources in terms of training, performance and evaluation, and working, at the same time, for the improvement of the material benefits granted to judges and judicial support staff. Furthermore, the social aspect should also be addressed, mainly by setting up the Mohammedia Foundation, a move which should reflect my longstanding commitment to the well-being of the members of the legal profession.
e : increasing judicial efficiency, in an effort to address the hardships endured by the citizens as a result of the shaky, slow and complex administration of justice.
For this reason, we need streamlined, transparent procedures, sound judgements, easier access to court for citizens seeking justice, swifter treatment of court filings and enforcement of rulings.
f: moralizing justice and shielding it from corruption and abuse of authority, so that it may, in its turn, contribute to the moralization of public life, via legal means.
My Loyal Subjects,
The real test for gauging this substantive reform lies, not so much in its blueprint, but rather in the ability to implement and manage it-hence the need for a two-level approach:
At the central level, I confirm that the responsibility for implementing and supervising the reform lies with the government, and more specifically with the Ministry of Justice. This must proceed as part of programmes with specific objectives and stages and with well-defined means for implementing, monitoring and evaluating them.
At court level, the success of the reform is contingent upon the adoption of the devolution approach and on the availability of adequate staff. This is why I call on the High Council for the Judiciary to hold a special session and make recommendations for the appointment of judicial supervisors who are qualified for field work and able to carry out such a vital reform.
There is a long and arduous task ahead. It requires the full mobilisation not only of members of the legal profession, but of all institutions and productive forces, and indeed of all citizens.
We regard the proposed substantive reform of justice as a prerequisite for instilling the values of democracy and citizenship in the hearts and minds of young people and emerging generations.
I therefore look forward to active, unanimous citizen involvement in efforts to tackle such a vital challenge. Everyone should cling to the spirit of the Revolution of the King and the People, and try to keep it alive in the march we have undertaken to endow Morocco with a full-fledged, comprehensive justice system with all its judicial, territorial and social components. Our endeavours will be a tribute to the memory of my revered Grandfather and Father, Their Majesties King Mohammed V and King Hassan II, together with the martyrs who fought for the liberation and unification of the nation. May they rest in peace.
“Lo ! Allah commandeth you that ye restore deposits to their owners, and if ye judge between mankind that ye judge justly. Lo ! comely is this which Allah admonisheth you. Lo ! Allah is ever Hearer, Seer”.
True is the word of God
Wassalamu Alaikum Wa Rahamatullahi Wa Barakatuh
