Board of the House of Representatives : Eleventh legislature (2021-2026):
First Deputy Speaker of the House, Mohamed Sabbari, Stresses the Importance of the Role of Woman as a Key Player in Change and Development
First Deputy Speaker of the House of Representatives, Mohamed Sabbari, took part in a round table organized on Thursday, May 26, 2022, at the seat of Parliament in Rabat, by the Ministry of Justice, in partnership with the House of Councilors, under the theme "Woman: From Being A Subject in Justice System to a Key Player in Change and Development."
On this occasion, on behalf of the House of Representatives, Mr. Mohamed Sabbari delivered the following address:
Praise be to Allah the Lord of the worlds, may the blessings and peace of Allah be upon the most honored of messengers;
- Honorable Speaker of the House of Councilors;
- Excellency, the Minister of Justice;
- Excellency, the Representative of the Supreme Council of the Judicial Power;
- Excellency, the Representative of the Presidency of the Public Prosecution;
- Excellency, the Ambassador of the European Union to Morocco;
- Excellency, the Representative of the National Council for Human Rights;
- Excellency, the Representative of the High Authority for Audiovisual Communication;
- Excellency, Ms. Leila Rahioui, the Representative of UN-Women in Morocco;
- Esteemed Ladies and Gentlemen;
On behalf of the House of Representatives, I am extremely pleased to participate with you today in this round table, organized by the Ministry of Justice in partnership with the House of Councilors, under the theme "Woman: From Being A Subject in Justice System to a Key Player in Change and Development." I take this opportunity to express my heartfelt thanks to the organizers from the Ministry of Justice and the House of Councilors for their kind invitation to take part in the discussion of a subject matter that remains extremely important to both the Board of the House and to all honorable members of the House. In fact, this theme reflects the Kingdom of Morocco's firm orientation, which enables women to exercise their rights, removes all obstacles, and provides all the necessary conditions that ensure effective and unconditional enjoyment of their rights, hoping to achieve the principle of parity.
Ladies and gentlemen;
Permit me at the outset to congratulate the organizing committee on the excellent choice of the theme of this round table, which receives the special attention of His Majesty King Mohammed VI, the Government, the Parliament, and the various constitutional institutions. In fact, this special attention can be seen through the various constitutional, legal, and political reforms, owing to which Moroccan women in general, and women working in the Justice Sector in particular, enjoy their constitutional rights; take part in the process of development in a way that serves not only the higher interest of the country but also the special interests of litigants. Thus, the participation of the House of Representatives in this round table falls within the daily concerns of the representatives of the Nation in the exercise of their constitutional functions at the level of legislation and parliamentary control, evaluation, and diplomacy.
Ladies and gentlemen;
Women's issues are present among the areas of concern of His Majesty King Mohammed VI, May Allah Assist Him, given the special attention paid by His Majesty to the enjoyment of women’s rights and their involvement in the development process. In this respect, His Majesty the King stressed in his royal speech before the representatives of the Nation on the occasion of the opening of the first session of the second legislative year 2003-2004 of the 7th legislative term, on October 10, 2003, the need “...to pave the way for women in a way that corresponds with their involvement in all areas of national life for their merit and rectitude in serving the public interest." – end of quote.
In a similar vein, His Majesty King Mohammed VI, in his Royal Message to the participants in the 13th Global Summit of Women, held in Marrakech on June 28, 2003, affirmed that "... Our father, the late King Hassan II, may Allah rest his soul in peace, continued the construction of Modern Morocco, ensuring women’s right to access all education branches and labor market, freeing up their energies, appointing them to the highest positions of responsibility within administrations, judiciary and public institutions, and assigning them ministerial portfolios in the government, in recognition of their efficiency, discipline, and rectitude." – end of quote.
Since his accession to the throne of his glorious ancestors, His Majesty King Mohammed VI, May Allah Assist Him, has stressed on every occasion the reform project to redress the situation of women. In this connection, His Majesty King Mohammed VI, in the Royal Message addressed to the participants in the 61st Global Women Entrepreneurs Congress, stated that "Deeply convinced of the crucial importance of mobilizing all of the nation's stakeholders to achieve comprehensive, sustainable development, I have sought to enhance the role and involvement of women in all economic, political, social and cultural sectors”. Moreover, His Majesty also linked equality and development in his message to the participants in 2nd “Women in Africa” Initiative Summit, considering that “Measures aimed at achieving gender equality should be the cornerstone of any viable, sustainable development strategy." His Majesty also believed that “Ensuring the full participation of women in institutions requires a comprehensive renaissance, a profound transformation of outdated mindsets and collective awareness to pave the way for women in a way that corresponds with their involvement in all areas of national life for their merit and rectitude in serving the public interest.”
Ladies and gentlemen;
The entry into force of the 2011 Constitution of the Kingdom of Morocco marked a new stage in the consolidation and safeguard of women's rights, as it included a set of new provisions that enshrine the constitutional nature of women's rights and guarantee equality between men and women.
The constitutional enshrinement of women's rights is considered a step of vital importance to improve their situation. In that sense, the Constitution has given prominence to women and their rights, starting from its preamble, which highlights the Kingdom of Morocco's commitment to the principles, rights, and obligations required by international conventions and reaffirms its attachment to universally recognized human rights. Furthermore, the Kingdom is also committed to prohibiting and combating all forms of discrimination while making international conventions, as ratified by Morocco within the scope of the provisions laid down in its Constitution, laws, and its established national identity, prevail over the national legislation upon their publication and working towards harmonizing it with the requirements set forth in the ratified conventions.
In the same vein, Article 6 of the Constitution stipulates that “The Law is the supreme expression of the will of the Nation. All physical or moral persons, including public authorities, are equal before it and must comply with it. The public authorities work to create the conditions permitting the effective freedom and equality of citizens to be made general, as well as their participation in political, economic, cultural and social life.”
Besides, Article 19, which opens Tittle II on Fundamental Freedoms and Rights, provides for the equal enjoyment by men and women of civil, political, economic, social, cultural, and environmental rights and freedoms, as set out in this Title and in other Articles of the Constitution, as well as in international conventions and charters duly ratified by Morocco, and this, with respect for the provisions of the Constitution, of the constants of the Kingdom and its laws. In the same context, Article 19 considers achieving the principle of equality between men and women as a constitutional goal. To that end, an Authority for parity and the struggle against all forms of discrimination is created to this effect.
Add to that, Article 115 of the 2011 Constitution guarantees the representativeness of women judges in the composition of the Supreme Council of the Judicial Power to ensure that women get involved in this constitutional institution.
Ladies and gentlemen;
To make women, who are working in the justice system, a strategic focus and a key actor in change and development, the Moroccan Parliament has adopted laws relevant to this matter. In this respect, Article 23 of Title II, entitled "Election of Judges’ Representatives," of the Organic Law No. 100.13 on the Supreme Council of the Judicial Power, reads as follows: "The Council shall, by a decision, determine: -...; - The number of seats allocated to women judges from among the ten elected members, in proportion to their presence in the judiciary for each jurisdiction; ...". It should be noted that the issue related to the number of women candidates members of the judiciary has been a topic of considerable debate and occupied a great deal of public attention.
Ladies and gentlemen;
As you are aware, Morocco has made great strides in strengthening the democratic process and reducing disparities and discrimination based on gender, thanks to the constitutional, legislative, and legal reforms, taking into account the consistency of these reforms with international conventions as a reference framework, under which the States parties pledge to abide by them and respect their principles. In this regard, women have gained a wide margin within the international human rights system (Universal Declaration of Human Rights, 1948); The Convention on the Elimination of All Forms of Discrimination against Women, to which Morocco acceded in 1993 and which the Moroccan Parliament approved by Law No. 125.12 ... etc.).
At the same time, in 2015, all UN Member States, including the Kingdom of Morocco, adopted the Sustainable Development Goals (SDGs) as global goals to achieve by 2030. The fifth goal is devoted to "gender equality," which remains a crucial factor for achieving comprehensive development. The same goal also seeks to reduce discrimination against women and ensure women access to positions of responsibility.
This state of affairs has contributed significantly to the integration of the gender approach in the justice system. Accordingly, the Ministry of Justice, through the Justice Efficiency Project in the Finance Bill 2022, confirmed that the number of women is close to the number of men serving in the justice sector in various regions. Statistically, women represent 48.38% in central departments and 43.27% in decentralized departments of the Ministry of Justice.
Concerning the distribution of the number of employees based on grade and echelon, the same source confirmed that figures and statistics are really encouraging in terms of the presence of women in this sector. For instance, according to gender distribution in the category of execution officers, women represent 47.85%, whereas their number exceeds the number of males in the category of supervisory staff, as women register over 62.31%. Therefore, these indicators confirm the importance of integrating the gender dimension in the justice system, encouraging women to become key actors in change and development.
In the same vein, the President-Delegate of the Supreme Council of the Judicial Power underlined in a speech delivered on the International Day of Women Judges on 26 April 2021: "You all know that the Moroccan judiciary persists to witness an increase in the number of women judges. From a few dozen in the sixties, the number rose to 304 female judges in 1996, a total of 2324, a proportion of no more than 13%. Then the number increased again in 1998 to 375 women judges out of 2,641, a proportion of 14.14%. And later to 592 female judges out of 3153, by 18.77% in 2005. Then to 611 female judges of 3188, a proportion of 19.16% in 2008. And to 683 female judges out of 3352, a ratio of 20.36% in 2010, and to 939 female judges out of 3999, estimated at 23.40% in 2014. Therefore, woman judges are now present in all Moroccan courts, no matter the degree or the type. The number of our female judges is currently 1,068, with a ratio of 25% (885 in the bench and 167 in the public prosecution). 55 of them are counselors at the Court of Cassation, and 4 are general attorneys attached to the same court. One of them is head of a chamber and 7 are heads of departments. There are also 102 female counselors in appellate courts (81 in the bench, and 21 in the public prosecution); 707 female judges in courts of first instance (581 in the bench and 126 in the public prosecution); 21 female judges in judicial centers (19 in the bench and 2 in the public prosecution); 13 female counselors to the appellate administrative courts; 30 female judges in administrative courts; 17 female counselors (bench) in the commercial courts of appeal (1 in the public prosecution); 71 female judges in commercial courts (58 in the bench and 13 in the public prosecutor). In addition to 47 female judges attached to administrative departments, councils, institutions, and embassies.”
To encourage women judges, the Supreme Council of the Judicial Power considers the 37th measure, which stipulates “striving towards parity in assigning responsibilities while taking into account efficiency and equal opportunities," as one of the key measures of the 2021-2026 Council's strategic plan that recommends its institutional capacity building.
Ladies and gentlemen;
The 2nd paragraph of Article 111 of the 2011 Constitution stipulates that judges may engage in associations or establish professional associations with respect for the duties of impartiality and of independence of justice and within the conditions provided for by the Law. Professional associations have been characterized by the active participation of women in the central and regional offices of these associations. Women judges have even met in their own professional associations to express their professional concerns and to achieve a balanced representation of women judges in decision-making positions. From 1998 onward, some positions of responsibility were assigned to women judges, whether as President of Chamber, President of Court, or a Crown Prosecutor. In that year, for instance, there was the appointment of the first President of the Chamber at the Supreme Court, as it was called (currently the Court of Cassation); the first President of a Commercial Court (Rabat), the first President of a Commercial Court of Appeal (Fez) and the first President of a Court of First Instance (Rabat).
This firm direction culminated in the appointment of two women as authentication judges for the first time at the national level in 2020. Besides, the woman judge was able to become the Crown Prosecutor in the criminal court of the first instance. In 2021, for the first time in the history of the Moroccan judiciary, a woman judge was appointed as the Crown Prosecutor in the Court of First Instance. In the same year, another woman judge became the First President of the Court of Appeal.
The year 2018 marked an essential highlight in the modern democratic choice in the Kingdom of Morocco, namely in women's rights and the elimination of all forms of discrimination against them. Under an ad hoc royal decision, "women become eligible for Adoul (Muslim notary) profession" after the approval of this step by the Supreme Council of Ulemas. The latter acknowledged the legibility of women for the "Adoul" profession. Its decision is founded on the religious provisions relating to Shahada (testimony) and its categories, added to the spiritual constants of Morocco, foremost of which are the rules of the Maliki doctrine. This eligibility was also a recognition of Moroccan women's high-level training and education and the competence and ability they have shown in their assumption of various legal professions (lawyers; authentication; court bailiffs; translators; etc.).
Ladies and gentlemen;
Access to justice is a fundamental right of all citizens. Facilitating women's access to exercise their right to litigation is essential in recognizing and defending women's rights. In this regard, social assistance services play a crucial role in serving women’s issues and strengthening their access to justice. In this regard, Law No. 103.13 on combating violence against women falls within Morocco's efforts to eliminate this phenomenon. The said Law addresses the issue of violence in its comprehensiveness and forms (physical, psychological, sexual, or economic) and punishes its perpetrator with fines and imprisonment. In the same vein, the Moroccan Parliament has worked to enrich it with various opinions and recommendations to provide effective means of protection and appropriate conditions of care for women victims of violence by creating institutional and integrated mechanisms for the care for women victims of violence. Moreover, by virtue of Law No.103.13 on combating violence against women, the legislator has established national, regional, and local committees to take care of women victims of violence so that the fight against violence becomes a priority and an end to be achieved throughout the whole national territory. Such a step would be to address this problem and intervene immediately upon its occurrence.
In this regard, the National Committee was given the responsibility to ensure communication and coordination, at the national level, between government sectors and central departments concerned with violence against women and to receive and examine the reports of the regional and local committees. The regional committees are responsible for ensuring communication and coordination between the judiciary and other sectors and departments concerned with issues relating to the care for women victims of violence at the regional level. They are also responsible for liaising and coordinating with civil society associations working in this field, in full coordination with local committees, which are also endeavoring to combat this phenomenon. Besides these committees, the Law on Combating Violence against Women permitted the creation of cells in the courts of the first instance and appeal and the General Directorate of National Security and the Supreme Command of the Royal Gendarmerie. These cells are responsible for care, reception, hearing, support, orientation, and accompaniment for women victims of violence.
Ladies and gentlemen;
Regardless of the achievements made over the past years in the field of women's empowerment and to achieve the principle of equality between men and women in general and within the justice system in particular, the General Report of the Committee on Development Model draws attention to the need to spare no effort to maintain diversity and equality between men and women and to enshrine the status and role of women in economy and society, as a key entry point for building a free community, a partner of a strong State. Such a step requires confronting all social obstacles, in which women are not fully recognized for their ability and right to fulfill their aspirations and participate in the creation of wealth. Thus, all actors and stakeholders share the responsibility to capitalize on the previous achievements and work shoulder to shoulder to overcome the existing difficulties and obstacles.
Ladies and gentlemen;
It is a great pleasure and privilege for me to participate with you today in this round table, which is held to discuss the promotion of Moroccan women’s rights in general, and women's rights within the justice system in particular. This is an opportunity to shed light on women’s role as key players in our country's desired change and development. This ambition can be achieved through the collaboration and work of both women and men to build a stable and secured society that guarantees all of us a decent life and provides citizens with the means to progress and achieve personal fulfillment.
Finally, it is a source of pride and gratification to have been with you here, and I look forward to the conclusions and recommendations that will emerge from the proceedings of this round table to make a scientific assessment of the role of women in the justice system, to identify and value the elements of power and to discuss the prospects for development and overcome the challenges and obstacles. I wish you a successful and productive meeting in the hope that it contributes to the progress of our country under the wise leadership of His Majesty King Mohammed VI, May Allah assist Him.
Thank you for your kind attention.