Ladies and Gentlemen,
One cannot start this distinguished meeting, with all its topics, themes, workshops, and partners, without recalling the royal directives of his HM King Mohammed VI, may God bless Him, in His speech on August 20, 2019, in which He underlined the priorities that the new development model committee is tasked with: “…Responsibility is shared. We have now reached a stage in which no hesitation or mistakes are allowed – a stage during which we must come up with solutions to the problems standing in the way of development in our country. Let me say, at this point, that we should not be ashamed of weaknesses or of past mistakes. Rather, we should benefit from them and learn the lesson to tackle shortcomings and make sure we are on the right track.” End of quote.
Following these royal directives, the Supreme Council of the Judicial Power participates in this coordinated action alongside the Public Prosecution Office, the Kingdom’s Mediation Institute, and the National Committee for Monitoring the Protection of Personal Data. This action aims to further constructive collaboration, ensure effective coordination in order to establish good governance in the public sector, and provide adequate protection of personal information. On this occasion, I would like to extend my gratitude to the Kingdom’s Ombudsman and the President of the National Committee for Monitoring the Protection of Personal Data for taking this initiative, which reflects the importance they attach to citizens we commit to serve and satisfy. Thank you for including judicial power in this project, given the importance personal data represents in judicial proceedings and the role the Constitution assigned to the judge in protecting rights and freedoms. Accordingly, our engagement in this partnership constitutes an ideal opportunity to obtain a thorough knowledge of data protection law and a chance to develop, shoulder to shoulder with our partners, harmonious visions to maintain judicial services while ensuring personal data protection.
Ladies and Gentlemen;
Public sector governance is a paramount indicator adopted by developed countries as a quintessential pillar for the rule of law and institutions. In fact, the implementation of this governance embodies democratic societies. It signifies a pillar and a fundamental means to achieve sustainable human development. This is outlined in the directives of the World Bank, the United Nations Development Program, and most of the reports issued by other international organizations, which closely associate governance with development and define it as: oversight, trusteeship, and sound management.
Our country has adopted the same approach, considering the attention His Majesty paid to the topic of Governance. The royal directives in this regard were recurrent in several royal speeches and messages. In His speech to the nation on the occasion of the anniversary of the Revolution of the King and the People in 2014, His Majesty said: “As everyone knows, good governance is essential for the success of any reform. It is also a basic means for achieving the goals of any strategy.”
In the same respect, His Majesty stressed in His Throne Day speech in 2017 that: “The responsibility and the privilege of serving citizens call for action that goes from responding to their basic demands to implementing projects - big and small.” He also stated in the speech He delivered on the occasion of the opening of the 1st session of the legislative year 2020-2021: “The success of any plan or project, whatever its objectives, hinges on observing the principles of good governance and abiding by the responsibility-accountability nexus".
The Constitution of 2011 has also established several principles whose content and purpose comply with international standards. In fact, Chapter 154 and subsequent chapters state that public facilities shall be subject to standards of equality, transparency, accountability, and responsibility, and shall establish a link with several regulations, namely equality among citizens with regard to benefiting from services rendered by public facilities while ensuring their availability across the country with the same quality and equitably. Moreover, it is imperative to ensure the continuity of delivering these services no matter the circumstances and constraints. The Constitution states the importance of adopting a participatory approach toward citizens either through implementing a policy of attentiveness and openness to the different recommendations and suggestions they put forward, whether they are normal individuals or moral persons representing the diverse segments of civil society.
Ladies and Gentlemen;
The judiciary, given the services it offers to litigants, is interrelated with the foundations and principles of good governance. These services impact the material interests of litigants as well as their personal and moral status. Judges and courts alongside the justice system’s components are required to provide adequate conditions and circumstances to achieve good governance of the judicial facility and other justice facilities, foremost of which is delivering proper infrastructure and trained human resources, creating a well-distributed judicial map, and ensuring good quality and efficient services that guarantee the application of the said foundations and principles and contribute to achieving the aspired development in our Country.
Perhaps, accomplishing this objective calls on us to simplify, as much as possible, procedures for all litigants, whether at the legal or judicial level. It also requires us to put forward mechanisms that provide an unambiguous and plain explanation understood by all justice users. Another way to fulfill this objective is by facilitating access to these services by exploiting the novelties modern technology brings to this field, and finding ways for litigants to avoid traveling long distances in order to seek service and benefit from it. Consequently, legal information would be available for free. And I should seize this opportunity to commend the initiatives taken by the Ministry of Justice to provide new electronic services within courts, which shall, undoubtedly, contribute to achieving this objective whilst saving time and effort for litigants and beneficiaries.
Cognizant of the need to adopt governance in the management of judicial facilities, the Supreme Council of the Judicial Power has devoted a part of its 2021-2026 Strategic Plan to promoting a pivotal orientation toward advancing the justice system, through which the Council seeks to enhance the quality of judicial services provided for litigants and users. This is possible by ensuring that the rendering and execution of judgments happen within a reasonable time frame, that critical cases are adjudicated, that litigant’s trust in the judiciary is reinforced, and that judicial security is achieved through the publication of jurisprudence. Moreover, we should also aim to render judgments of high quality by conducting training workshops in various fields and adopting a new approach to deal with complaints and grievances, whether at the Council’s headquarters or courts, in order to create a relationship between citizens and the Council. One that is based on mutual attentiveness and respect, the establishment of good governance of public services, and the implementation of measures required by personal data protection.
In the implementation of these strategic directives, the Council has taken several initiatives in this field, the most important of which is issuing several circulars on judicial efficiency and improving the conditions of receiving complainants, especially Moroccan expatriates. The Council has also published more than 8000 judicial decisions rendered by the Court of Cassation on its website in order to enable the public to consult them for free. These efforts strive to provide judicial security and upgrade the quality of judicial services, constituting the essence of the governance of judicial facilities.
Ladies and Gentlemen;
You are well aware that public facilities in general and judicial ones in particular handle on a daily basis a tremendous amount of personal data which directly impacts individuals’ lives. Personal data are among the most important rights that the Constitution and law have sought to protect. As a matter of fact, surrounding these data with a blanket of secrecy and processing it with delicacy is a crucial measure in the governance of public services, while ensuring the accurate implementation of relevant legal judgments, namely the provisions of Dahir No. 1.09.15 dated 22 Safar 1430 (February 18, 2009), enforcing Law No. 09.08 on the Protection of Individuals with regard to Personal Data Processing and its applicatory decree No. 2.09.165 issued on 25 Jumada I 1430 (May 21, 2009) on determining the nature of these data, the party responsible for its processing, and the constant coordination with the National Committee for Monitoring the Protection of Personal Data, as the law tasks it with ensuring the proper application of legal protective acts.
It is worth mentioning that our country is the first African and Arab country to receive accreditation from the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico in November 2011. Morocco has also joined the Council of Europe Convention No. 108 on May 28, 2019. This year, the latter adopted Law No. 53.21 according to which the protocol to amend the said agreement was approved and signed in Strasbourg on October 10, 2018. In doing so, the Moroccan Kingdom asserts its commitment to protecting individuals’ personal lives and associated rights.
Ladies and Gentlemen;
I would like to conclude by commending, once again, today’s initiative and extend my thanks to the organizers. I would also like for this meeting to be the beginning of a fruitful collaboration between our institutions to achieve the set objectives of finding a balance between serving citizens and protecting their personal data along with their private lives.
Thank you.
Wassalamu alaikum warahmatullah wabarakatuh.
Section16, CP 1789, Hay Riyad, Rabat
sg@cspj.ma