In the name of Allah, the Merciful,
Ladies and Gentlemen;
With immense pleasure and a heart overwhelmed by feelings of affection, brotherhood and appreciation, I welcome you to Dakhla, the jewel of the Moroccan Sahara. The city which unites distinguished elites to discuss a paramount contemporaneous topic of multidimensional matters, that raises a variety of issues and challenges which require plenty of wisdom, courage and initiative.
Dakhla city, Ladies and Gentlemen, presents us today with an opportunity to invest our common values in building a bright present and exploring promising future prospects for economic and social development, which link the Arab world and Europe to the depth of Africa.
In the name of the Supreme Council of the Judicial Power, and all the judges of the Kingdom, I am delighted to welcome you Ladies and Gentlemen to this forum. I wish you all a delightful stay in Dakhla, and I wish that this forum would be crowned with success. This is possible, God willing, thanks to the contribution of experts, academics, professionals and economic actors of high caliber.
I would like to extend my thanks to our partners for organizing this forum, His Excellency Mr. Ambassador Muhammadi Ahmed Al-Ni, the Secretary-General of the Council of Arab Economic Unity; Dr. Jamal Jibril, the Secretary-General of the Arab Court of Arbitration, professor Benaissa Makkawi, the Secretary-General of the Arab Lawyers Union, and Dr. Abdellatif Komat, Dean of Faculty of Law of Ain Chock, Casablanca.
I would also like to take this opportunity to reiterate my deepest gratitude and appreciation to the Minister of Justice Mr. Abdellatif Ouahbi, and the Minister of Trade and Industry Mr. Ryad Mezzour, for honoring us with their presence at this forum and expressing – as they always do – their responsible engagement in all development and reform issues.
My sincerest gratitude goes also to the esteemed Wali of Dakhla region, Mr. Lamine Benomar, and to its elected authorities and councils, for their support for the holding of this forum, and for the warm welcome they extended to the guests and participants, and also for gracing us with their presence.
Honorable Ladies and Gentlemen;
There is no doubt that the relationship that exists between the judiciary and investment is solid and deeply rooted. The essential role of the judiciary is manifested in the protection of rights and freedoms, and the preservation of property. To this end, the efficiency and integrity of the judiciary have a direct bearing on increased economic growth, and it paves the way for a safe space for investment, in which social, economic and legal stability is ensured, and great development prospects are produced. It is a vision that has been underlined by His Majesty King Mohammed VI in several occasions, including the royal message sent to the participants in the second International Conference of Justice, on 21 October 2019 in Marrakech which stated: (Creating a safe environment for investment from the economic, social, legal, administrative and structural perspectives means we all have to strive doubly hard to consolidate the rule of law, enhance the independence of the judiciary, promote judicial foresight, ensure staff training, improve judicial administration and strengthen governance in the judiciary. To this end, an integrated, holistic approach should be adopted to address investment issues through laws relating to commerce, banking, taxation, customs, real estate, documentation and social affairs. The approach should also take into account the international and technological dimensions imposed by the globalization of trade, finance and economic exchange around the world) end of quote
Distinguished Ladies and Gentlemen;
Anyone who observes the judicial work in our nation will clearly notice the legal load that jurisprudence elaborated through decisions of principles. It provided a safe environment for development and investment, it sought creating a balance between the rights of the ensemble of the components of companies and business entities, it extended the necessary protection to consumers of products and services - especially in the field of banking and insurance transactions, and it established economic and tax justice.
The Moroccan judiciary has also followed the international social, economic, legal and technological transformations and their impact on investment and labor market, through the adoption of international conventions and the activation of their provisions. As well as embracing the positive interaction with electronical means of proof, by granting it evidential power in conflict, and ensuring protection for those affected by errors caused by international banking transactions. In addition to adopting an effective protectionism policy in cases regarding copyright and intellectual property.
The judicial work has also targeted achieving an economic approach with social dimensions, which ensures stability within work places. This is attained through establishing an objective balance between the rights and duties of both employees and employers, without any abuse or unfairness. As well as prohibiting all forms of discrimination between local and foreign employees.
It is also worth noting that moralizing investment transactions is an established fact in the judicial work, through setting guidelines for fair business competition, and addressing improper behavior that leads companies to liquidation and bankruptcy.
In addition, the Moroccan judiciary has acquired important experience in cases related to national or international arbitration procedures.
This experience has created a long-established relationship with the modern international judicial trends, through the newly developed national laws, and has been inspired by the constitutional requirement that gives priority to the application of international agreements over the internal legislation.
Distinguished Ladies and Gentlemen,
There is no doubt that investment and development share a relationship akin to that of blood and artery, and that the position of the judiciary symbolizes the role of the heart in regulating pressure and maintaining a healthy balance. Therefore, the theme of this forum touches on a topic of temporal and spatial actuality. Time foresees constraints of economic and social development, and is eager to accelerate its progress, as well as attract capital, competencies and expertise to support it. Especially as a result of the economic setback resulting from the Covid-19 epidemic. We must also bear in mind that the place where this forum is held is an excellent area of investment in various fields of development. It provides producers and investors with a real destination where they can get creative and build production units, while taking into account the infrastructure provided by the state and the future projects it is about to embark on in terms of other vital facilities, such as the new port and the highway project heading to our neighbor Mauritania. In parallel with this, Dakhla is getting ready to open new courts in the coming days, particularly an appellate court, a commercial court and an administrative court. This is a clear message from the Kingdom to ensure the protection of investment and guarantee economic and social security in the region.
Therefore, we believe that the conditions are favorable for a major developmental take-off with its economic and social loads. The context of this forum also falls within the participatory perspective adopted by the Kingdom's authorities, both at the internal and international levels.
And for that, I would like to renew my gratitude to all the attendees and organizers of this forum. May their work be crowned with success.
Walsalam Aalaykum.
Section16, CP 1789, Hay Riyad, Rabat
sg@cspj.ma