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Thursday, November 24, 2022
Speech by President Delegate of the Supreme Council of the Judicial Power on the occasion of the 31st Conference of Morocco's Bar Association on: “the Legal profession in Morocco, a continuous national advocacy, a pressing professional security, and a lasting Pan-Africanism”. Dakhla, November 24-25-26, 2022.

Ladies and Gentlemen, distinguished lawyers, you have organized a successful 31st Conference of Morocco's Bar Association on: “the Legal profession in Morocco, a continuous national advocacy, a pressing professional security, and a lasting Pan-Africanism”, at this beautiful city, which embodies the fight of a whole generation led by the King to preserve the Nation’s unity, the integration of its components, and the development of its regions. It also encompasses security, stability, and the economic and social growth achieved by Moroccans, which shall bring great prosperity to the region. Undoubtedly, Dakhla Oued Ed-Dahab is Morocco’s doorway to Africa. Therefore, the slogan of your conference suits the special place this region occupies in the heart of Moroccans…this is indeed a conference for all Moroccans.

Thus, on the occasion of the gracious invitation the Supreme Council of the Judicial Power received to participate in the inauguration of this Conference, I am honored to extend my gratitude to the President of Morocco's Bar Association, and to the honorable presidents and lawyers of the Bar, as well as to Mr. President of the Bar Association of Agadir, Guelmim, Laayoune, for their kind invitation. I would also like to express to the distinguished lawyers how pleased I am to attend this great occasion today. I wish you success in your endeavors and that your work will serve justice and litigants’ interests, elevate the significance of the legal profession, and preserve its legal nobility and high morals.

Ladies and Gentlemen;

Today’s Conference is held within the context of the major shifts witnessed by the justice system. This period knows the establishment of judicial power as the third power in the country, marking the dawn of a new era during which new structures are set up, powers are transferred from other parties, and relations among other powers are coordinated. Indeed, these decisions, though subject to the Constitution, need a plenitude of wisdom, collaboration, and readiness to serve the public interest in order to implement them. Moreover, we expect the justice system to be affected during this period by the social and economic shifts the world experiences today. These shifts are challenging to manage and require us to hold tight to our sacred entities, uphold our eternal mantra: “God, Nation, King”, and stand strong behind our King.

Our Kingdom has made great strides in the judicial reform and rehabilitation project, and we owe that to the royal administration and the involvement of vital powers in our country. However, completing this project necessitates more effort from justice sector workers in various fields, namely management, regulation, structuring, and governance, along with fields of training, moralization, linking responsibility to accountability, digitalization, and specialization, among others. The pillar of the justice system is the judiciary, which must be independent, partial, fair, and equitable so as to earn litigants’ trust. This will not be achieved without the engagement of justice practitioners in this coherent construction that does not support inadequate structure; otherwise, it will cascade down. Lawyers are at the top of justice practitioners concerned with engaging in the justice reform project led by HM the king, who said in His royal letter sent to the 49th International Lawyers Conference held in Fes on August 31, 2005, that: “the legal profession has to unify the best behavioral values, adopt continuous training, keep abreast of the digital world, and find a balance between respecting freedoms and maintaining public order under the rule of law and the authority of the judiciary”.

Therefore, ladies and gentlemen, everyone must show respect to the judiciary, including justice practitioners who are the most involved ones. They are responsible for disseminating its prestige and preserving its power. The judiciary, ladies and gentlemen, should not be reduced to the individuals who represent it. It is the symbol of the supreme state. There is no doubt about that. In fact, religion, morals, and the Constitution all agree on that. Therefore, judgments in our country are rendered in the name of HM the king, who represents the supreme power in our Kingdom. In this sense, whoever respects judiciary councils and judicial decisions, respects not only judges but also the symbol of the supreme justice and the emblem of the supreme power, and observes the prestige of the judiciary which was created to judge between parties and be obeyed.

In the same context, HM the King stressed in the above-mentioned letter He sent to lawyers that “liberties must be observed and public order must be maintained”, which His Majesty linked with law supremacy and the power of the judiciary. Lawyers should be the first to observe liberties, defend them with their voices, and fight for them using the law, the Constitution, and international conventions for human rights. For this reason, lawyers defend physical freedom and freedom of movement, opinion, and expression, as well as the right to be different, to work, and to protest. There is no doubt that this conference will call to mind, guarantee, and defend the different liberties and rights of lawyers, and it has adopted the slogan “the legal profession is a national activism” as its theme. The conference will also address the importance of protecting the most vital factor in public order, security, through its theme “the legal profession is an urgent professional security”. The legal profession needs to guarantee security to its adherents, under which litigants give their trust to lawyers to defend their interests, pinning their hopes on them to receive their rights within a reasonable time. As such, your conference has become a rostrum to exchange and express opinions openly and respect all stances.

Ladies and Gentlemen,

In a letter He sent to the permanent office of the Arab Lawyers Union in its second meeting held in Casablanca on June 20, 2000, HM the King, may God bless him, stated that the legal profession “exists today in the defensive so as not to compromise its principles, traditions, customs and the trust of those who seek its help.”

Throughout this critical period, judicial proceedings suffered from numerous difficulties due to what is happening in the professional arena – and this is a topic that I cannot disregard or fail to interact with, even if I adhere to complete neutrality and extreme reservations. Allow me to remind my colleagues, members of the Bar, of the obligations imposed on you by virtue of the profession’s law. A profession that “assists the judiciary, contributes to the administration of justice and is a part of the justice family” (Article 01). Moreover, you should comply with the principles of honor, integrity, dignity, good morals, and the profession’s traditions (Article 3). I would also like to remind you that exercising the profession should be in compliance with the law that governs the profession and the procedures established thereof (Article 2). You are also required to assist the judiciary in court sessions or proceedings (Article 39). Furthermore, you must recognize your role in the delivery of justice, as your input is mandatory in most proceedings due to your full involvement in the legal profession. Therefore, your contribution to these proceedings is imperative for the efficiency and effectiveness of the justice system, which makes your intervention crucial in protecting your client’s rights. In this respect, I implore you, Mr. President and members of the Bar Association, Presidents of local Bar Associations and their Councils, and all lawyers, to give precedence to the public interest, to observe the rights and interests of your clients, to address the current situation with prudence and wisdom, and to abide by the provisions of the law which is linked to the continuity of services, and finally, to contribute to sessions and legal proceedings. I am most certain that you will find other legal and legitimate means to defend the interest of legal practitioners without compromising the interests of the parties you represent or causing disruption to the functioning of the justice system.

I hope you see this plea as a whisper from one of your colleagues who strongly advocates for the noble message of the legal profession and is convinced that lawyers can defend their interests without prejudice to litigants’ rights, whose interests you are entrusted with. In fact, this is not unusual for black robes who advocate for rights by arguing in courts according to the law, presenting evidence, and doing legal research, for one should win battles without hurting innocents. I also recall the first generation of lawyers and those who followed their path and fought to uphold the noble message of your profession, hold tight to its traditions and customs, and strongly cling to the high values and principles of justice.

Your profession is a profession of morals, customs, age-old traditions, principles, and best morals. You are known for showing respect for your Presidents, revering seniors and prioritizing them in any situation, and listening to your masters when they speak as well as appreciating their opinion. You are also known for expressing your opinions with courage, respect, and delicacy, and also for respectfully accepting and cherishing the dissenting opinion with reason and without resorting to intimidation and defamation. I reiterate that your profession is based on morals and freedoms. Its values, traditions, and customs distinguish it. Intellectuals and great men of the state stand in awe of its high values. Your traditions and customs are the bridge that helps you cross difficulties and achieve high levels…they are also your strength that binds the profession together. I implore you to preserve your values in times of adversity, such as the ones the judiciary is currently undergoing.

Crisis shall come to an end; problems shall be resolved…. however, their impact shall live. I would like to think that history will remember the honorable stands of the profession’s veterans and seniors, the rational and lawful approach of junior lawyers to the crisis, and the keenness to ensure the proper functioning of judicial facilities and parties’ rights. Our Moroccan lawyers are renowned for their patriotism and commitment to the law and the profession’s morals.

I wish your conference all the success, and I would like to extend my appreciation and that of my fellow judges. I also convey my heartiest greetings to your Presidents, associations, the people of Dakhla, and the conference’s guests as well as to public authorities and different public figures.

 

Wassalamu alaikum warahmatullah wabarakatuh.

Address

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