VZCZCXYZ0001
RR RUEHWEB

DE RUEHRB #0399/01 0621558
ZNR UUUUU ZZH
R 031558Z MAR 06
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC 2983
INFO RUEHAS/AMEMBASSY ALGIERS 3776
RUEHLO/AMEMBASSY LONDON 2800
RUEHNK/AMEMBASSY NOUAKCHOTT 3013
RUEHFR/AMEMBASSY PARIS 4031
RUEHTU/AMEMBASSY TUNIS 8660
RUEHCL/AMCONSUL CASABLANCA 1337

UNCLAS RABAT 000399 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/MAG, NEA/PI, DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV MO
SUBJECT: CIVIL SOCIETY INVOLVEMENT IN JUDICIAL REFORM 
 
REF: A. 05 RABAT 01766 
 
     ¶B. RABAT 00024 
     ¶C. RABAT 00398 
 
 ¶1.  This cable is sensitive but unclassified.  Please 
protect accordingly. 
 
¶2.  (SBU)  Summary:  The American Bar Association (ABA) has 
MEPI and DRL funds to implement "rule of law" reform changes 
in Morocco.  One of the MEPI funded programs is "judicial 
development" (reftel A).  In light of the need to engage 
civil society in the reform process, ABA is currently working 
with a newly established Moroccan nongovernmental 
organization (NGO), Adala (Justice).  Adala's intention is to 
promote judicial reform and transparency.  The first step in 
this process was a conference on "autonomy of the judiciary." 
 Since the February 2-4 conference, Adala has become involved 
in the judicial aspects of the freedom of press cases 
outlined in reftel C.  Becoming involved in these press cases 
is a substantive expression of the seriousness with which 
Adala is taking its reform role.  End Summary. 
 
¶3.  (U) February 2-4, Adala held a conference on the autonomy 
of the judiciary in Rabat.  A seven-page article on the 
conference appeared in As-Sahifa, an Arabic-language weekly, 
on February 10.  Participating in the conference were 
Moroccan lawyers (Note:  No Moroccan judges attended the 
conference. End Note.), the president of the Algerian Judges 
Syndicate, the president of the Human Rights Court in Quebec, 
Canada; representatives of the French Embassy in Rabat; 
Amnesty International; Transparency Maroc; and the European 
Union NGO ILAC.  (Comment:  ILAC works on rebuilding legal 
systems.  End Comment.)  Members of three political parties 
also participated:  the Justice and Development Party (PJD), 
the Popular Socialist Party (PPS) and the Socialist Union of 
Popular Forces (USFP). 
 
¶4.  (U)  According to As-Sahifa, the conference called for an 
independent judiciary which is not subjugated to the 
executive branch of government.  The constitution of Morocco 
reads that the judicial branch is to be autonomous; however, 
in practice, the executive branch, as represented by the 
Ministry of Justice (MOJ) and the King, control the 
judiciary.  Papers presented at the conference argued that in 
order for the "rule of law" to be established the judiciary 
must be separate from both the legislative and the executive 
branches of the government.  Speakers discussed the 
intervention of the executive branch in all aspects of the 
judiciary, e.g., the competitive examinations and 
appointments, as well as the curtailing of professional and 
private activities of judges, i.e., judges must obtain 
permission from the MOJ before participating in functions, 
events or any activity. 
 
¶5.  (U)  The As-Sahifa article noted that judges are poorly 
trained and there are no constitutional guarantees to ensure 
autonomy.  Without ethical standards and autonomy, according 
to As-Sahifa's reporting of the conference, the participants 
agreed that the judiciary cannot function.  The MOJ and the 
Ministry of the Interior (MOI) interferes with judges' 
decisions, according to the conference participants. 
 
¶6.  (SBU)  As-Sahifa's reporting on the conference indicates 
that the participants believe that there is resistance to 
reform of the judiciary.  This resistance is proven by the 
MOJ's intense involvement with the judiciary as the 
professional evaluator and as a prosecutor for perceived 
wrongs.  With the King chairing the higher council of the 
judiciary, the judiciary is an arm of the executive branch, 
according to the participants. 
 
¶7.  (SBU)  Comment:  Adala's tackling of the issue of 
judicial transparency and professional standards is a welcome 
reform voice on the Moroccan scene.  It is the only NGO 
attempting to change the way an entire branch of government 
does business.  Coupled with the recent reform 
recommendations made by the Equity and Reconciliation 
Commission (IER) and accepted by the King (reftel B), an open 
dialogue exists in which positive change may occur.  End 
Comment. 
 
****************************************** 
Visit Embassy Rabat's Classified Website; 
http://www.state.sgov.gov/p/nea/rabat 
****************************************** 
 
Riley