HIBAPRESS – Rabat
The Moroccan Organization for Human Rights announced that it is following with interest the process of preparing draft law No. 66.23 regarding the regulation of the legal profession, which has reached its final form presented to the House of Representatives, considering that it constitutes an important legislative stage in the process of reforming the legal framework regulating the profession.
The organization pointed out, in a human rights advocacy memorandum that "HIBAPRESS" received a copy of, that it had previously presented a standard reading of the provisions of the project, including recommendations aimed at strengthening its consistency with the Moroccan constitution and the Kingdom's international obligations, especially with regard to the independence of the legal profession and guarantees of the right to defense. It also noted the interaction of the Ministry of Justice, through written notes directed by the Minister Abdelatif Wehbi, within a framework that it described as "positive institutional interaction." Despite the organization's recording of amendments that it considered positive in some aspects of the project, it confirms the continuation of a number of structural issues related to the limits of the profession's independence, the extent of the executive authority's intervention, and the principle of self-regulation of professional bodies.
Referring to the general reference framework, the organization welcomed the inclusion of the reference to international agreements in the first article of the project, considering this a "positive development" that reflects openness to universal human rights references. However, it stressed that this provision remains dependent on its actual translation within the rest of the law's articles, in a manner consistent with the principle of the supremacy of international agreements as approved by the constitution.
The organization recorded amendments it described as "relatively positive" at the level of reducing the intervention of the Ministry of Justice, especially with regard to administrative procedures, but it warned of the continuation of provisions that grant the executive authority precise regulatory and professional roles, which may affect the independence of the profession and limit the effectiveness of self-regulation. It also considered that assigning central competencies, such as organizing entrance exams to the profession and determining training conditions, to the governmental authority in charge of justice, raises issues related to the extent of involving professional bodies in managing this process, calling for strengthening the role of the presidents and councils of the bodies in these stages.
In the same context, the organization criticized the continuation of the licensing system for foreign lawyers and foreign law firms, considering that it creates "unjustified discrimination" and limits the subjection of these firms to the same professional controls applied to the rest of the lawyers. Regarding the organization of the councils of bodies, the organization praised the provision of a minimum representation of no less than one-third for one of the two genders, considering it an advanced step towards consolidating a gender approach within the profession.
However, it noted the absence of clear legal mechanisms to ensure the effective application of this principle, whether at the level of the voting method or corrective measures, which may limit its mandatory effect. It called for adopting binding mechanisms such as alternating nomination lists, a quota system, or legal penalties in case of violating the provision. In contrast, the organization welcomed the principle of non-renewability of the election of the president, considering that it enhances democratic circulation within the profession, but it criticized its restriction by transitional provisions that may limit its immediate effect, and allow the continuation of some current terms.
Regarding the practice of law, the organization appreciated some of the amendments related to the notification of lawyers, but it recorded the continuation of e-notification issues in the absence of sufficient technical and legal guarantees. It also considered that the continuation of exceptions from the obligation of defense raises issues related to the equality of means between litigants, while it indicated that the disciplinary procedure still needs to strengthen guarantees of independence, transparency, and the rights of defense.
The organization expressed its reservation about the provisions related to the prohibition of protest stands and raising slogans inside the courts, considering that they raise issues in terms of proportionality, because they do not distinguish between peaceful expression and behavior that disrupts the course of justice. It also called for redrafting the article related to regulating the conduct of sessions in a way that defines concepts accurately and prevents any interpretation that may affect the freedom of defense or lead to abuse in application. Regarding the composition of the councils of bodies, the organization recorded a fundamental observation regarding the allocation of two-thirds of the seats to the categories of former presidents and lawyers with high seniority, considering that this distribution may create "an imbalance in representative justice" and limit the participation of young lawyers in decision-making positions.
It called for reviewing this provision in a way that ensures a greater balance between the various professional groups, and enhances the principle of equal opportunities and renewal within the structures of the profession. The organization concluded its memorandum by emphasizing that a number of its previous recommendations have not been taken into account, especially those related to strengthening self-regulation and reducing the intervention of the executive authority, considering that the current reform is still partial and needs a more comprehensive vision. It called on members of the House of Representatives to continue enriching the legislative discussion about the project, and to work on adapting it to the Moroccan constitution and international obligations, in a way that enhances the independence of the legal profession and enshrines guarantees of a fair trial. The organization also renewed its readiness to continue engaging in human rights and institutional advocacy in order to develop an advanced legislative framework that strengthens the rule of law and protects the rights of defense.
