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2008 Assessment

Morocco: Integrity Indicators Scorecard

Morocco : Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	57
57	Can citizens access the reports of the ombudsman?	67

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: The ombudsman is known in Morocco as " Diwan Al Madhalim". The ombudsman is responsible under the terms of Article I of Law No. 1.01.298 for promoting intermediation between citizens or groups of citizens and the government or any agency with public powers. The ombudsman encourages them to observe the rules of the rule of law and equity. The position falls under the rule of the Royal Court.

References: Dahir No. 1.01.298 establishing the institution Diwan Al Madhalim promulgated on 23 Ramadan 1422 (9 December 2001) BO No. 4966 of 03.01.2002.

Its rules were promulgated on 04/12/2004. www.diwan-almadhalim.ma

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: The ombudsman, or Diwan Al Madhalim, is regarded as an institution belonging to the Royal Court. The ombudsman's president "Wali Al Madhalim" is appointed by the king for a period of six years.

Delegates who work alongside the president are appointed by the Wali with permission of the king. The operating funds and equipment allocated to the "Diwan Al Madhalim" are budgeted by the Royal Court. (Article 16).

The dependence on the court may constitute a guarantee of efficiency and authority. As pointed out by Omar Bendourou: "The authority of the Diwan al Madhalim undoubtedly comes to the place where the king provides. Its reports and recommendations will be made on cases which are entrusted and have not been implemented by the government departments in question."

Omar Bandourou: Civil rights and the rule of law in Morocco. Edition Friedrich Ebert Stiftung. Rabat 2004

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: In response to a question about the pressure of the Diwan Al Madhalim to enforce its recommendations, Wali says, "In cases where an administration refused to respond positively to suggestions and refused to implement the recommendations, Diwan Al Madhalim appealed to the prime minister in writing.

"We submit periodic reports in which we advise them of the situation. In addition, each year we give to His Majesty the King, who is the supreme authority, a report on the results of the work of the institution. In these reports we establish the case of refusal of the authorities. It is obvious that no department would want to be among the latter category. "

References: Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: Diwan Al Madhalim is regarded as an institution belonging to the Royal Court. Its president "Wali Al Madhalim" is appointed by the king for a period of six years. Delegates who work alongside him are appointed by the Wali with permission of the king. The operating funds and equipment allocated to the "Diwan Al Madhalim" are budgeted by the Royal Court. (Article 16)

The dependence of the Court may constitute a guarantee of efficiency and authority. As pointed out by Omar Bendourou: "The authority of the Diwan al Madhalim undoubtedly comes to the place where King provides. Its reports and recommendations will be made on cases which are entrusted and have not been implemented by the government departments in question."

Omar Bandourou: Civil rights and the rule of law in Morocco. Edition Friedrich Ebert Stiftung. Rabat 2004

Peer Review Comments: By law, the King can nominate and then remove the ombudsman without any justification.

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The choice of staff is usually from the best managers acting as government officials, judges, university professors, engineers, technicians and agents. The qualified and experienced staff have been hired by contract, posting or making provisions within the limits of quantitative requirements.

References: Diwan Al Madhalim Report Years 2005-2006 page 22 www.diwan-almadhalim.ma

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: Despite the patronage system in appointing staff to institutions and to national advisories such as Diwan Al Madhalim, the subject of arbitration and mediation with the government is not a problem of dependency.

Administrative courts make major judgments that cancel administrative decisions. Indeed, the law does not give the Diwan Al Madhalim a higher authority than government. This "does not allow it to compel governments to comply with its proposals, but allows it to use the prime minister to enforce them," said O. Bendourou.

References: Dahir No. 1.01.298 establishing the institution Diwan Al Madhalim promulgated on 23 Ramadan 1422 (9 December 2001) RB No. 4966 of 03.01.2002. Its rules were promulgated on 04/12/2004. www.diwan-almadhalim.ma Omar Bandourou: Civil rights and the rule of law in Morocco. Edition Friedrich Ebert Stiftung. Rabat 2004

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: The operating funds and equipment allocated to the "Diwan Al Madhalim" are budgeted for the Royal Court. (Article 16)

Omar Bandourou: Civil rights and the rule of law in Morocco. Edition Friedrich Ebert Stiftung. Rabat 2004

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: It regularly publishes periodic reports. With the start of the 2005 and 2006, reports were published together in one document.

The validation provided by the king before publication takes some time. Start up difficulties have delayed the publication of the report for the first year. The publication of the 2007 report is not yet available to the public as of September 2008.

References: Diwan Al Madhalim Report Years 2005-2006 page 22 http:\\www.diwan-almadhalim.ma Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: Pursuant to the provisions of Articles 5 and 14 of the Dahir, the creation of the institution and Article 57 of its rules of procedure, Wali Al Madhalim submits to the high attention of the king, special reports on studies and investigations undertaken by royal order about cases.

References: Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006 [ LINK ]

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The legislature wanted to make this institution: 1) an efficient instrument of development for the administration, promotion of intermediation between citizens and administration; 2) a conciliation flexible and simplified to address complaints and grievances of citizens; and 3) an effective remedy for those who feel aggrieved by a decision or an act deemed unfair or contrary to law by a government or body to exercise the powers of the public.

References: Dahir No. 1.01.298 establishing the institution Diwan Al Madhalim promulgated on 23 Ramadan 1422 (9 December 2001) BO No. 4966 of 03.01.2002. Its rules were promulgated on 04/12/2004. [ LINK ]

Diwan Al Madhalim Report Years 2005-2006 page 22

Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments: The recommendations of Diwan Al Madhalim are not enforceable. Responses from government departments or the prime minister vary depending on whether monitoring specific cases treaties or general suggestions.

In most cases, ombudsman's reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies.

The legislator wanted to make this institution: 1) an efficient instrument of development for the administration, promotion of intermediation between citizens and administration; 2) a conciliation flexible and simplified to address complaints and grievances of citizens; and 3) an effective remedy for those who feel aggrieved by a decision or an act deemed unfair or contrary to law by a government or body to exercise the powers of the public.

According to the president of Diwan Al Madhalim, "We have two tools to put pressure on the administration concerned by the complaint. In the case where a department refused to respond positively to suggestions and implement the recommendations, Diwan Al Madhalim appealed to the prime minister in writing. We submit periodic reports in which we advise them of the situation. In addition, each year we give to His Majesty the King, who is the supreme authority, a report on the results of the work of the institution in which we establish the case of refusal of the authorities. It is obvious that no administration would want to be among the latter category."

References: Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006 Diwan Al Madhalim Report Years 2005-2006 page 22

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: The president of Diwan Al Madhalim, said, "I am not satisfied with the balance of these two years of the institution because the DAM procedure activities adopted early initiation did not lead to expected results. That is why, for more efficiency, we have established a new approach based on direct contact with the heads of administrations through the establishment of joint commissions. The latter are already at work. This new approach allows the development of communication with the administration and encourages it to implement the recommendations of Diwan Al Madhalim. I promise you that the results will be better. "

References: Diwan Al Madhalim pin Justice: Interview with Wali Al Madhalim In the Aujourd'hui le Maroc 14-11-2006 Diwan Al Madhalim Report Years 2005-2006 page 22

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: Annual reports are available on the website of Al Diwan Madhalim.

References: [ LINK ] Diwan Al Madhalim Report Years 2005-2006 page 22

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: Annual reports are available on the website of Al Diwan Madhalim.

The validation provided by the king before the reports' publication takes some time. Start up difficulties have delayed the publication of the report of the first year. The publication of the 2007 report was not available to the public as of September 2008.

References: [ LINK ] Diwan Al Madhalim Report Years 2005-2006 page 22

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Annual reports are available on the website of Al Diwan Madhalim.

References: [ LINK ] Diwan Al Madhalim Report Years 2005-2006 page 22