Access To Justice
Endnotes for Access To Justice 1
Norman L. Greene © 2011. The author, who was chair and moderator of the panel, has written on various issues af- fecting the Moroccan-American community and Morocco, including on some of those referenced in the panel; and he has also written extensively on domestic and international judicial reform. His articles on Morocco include Morocco: Beyond King’s Speech & Constitutional Reform: An Intro- duction to Implementing a Vision of an Improved Judiciary in Morocco, April 5, 2011, available at
http://www.moroc-
coboard.com/news/5176-morocco-beyond-kings-speech-a- constitutional-reform. This article is not intended to be a verbatim description of the panel, and the author acknowl- edges that it includes some additions and modifications. He also acknowledges the assistance of his co-panelists in the preparation of selected portions of the article. An earlier version of this article was published on November 3, 2011 on MoroccoBoard News Service under the title The Arab Spring: Access to Justice, Reforms to Date, Reforms to Come? available at
http://www.moroccoboard.com/ viewpoint/380-norman-greene/5475-panel-examines-ac- cess-to-justice-in-the-middle-east-and-north-africa-before- and-after-the-arab-spring-reforms-to-date-reforms-to-come
2 See
http://www.equalitynow.org/ 3 This is a time of intense interest in the region, with other
panels also considering the implication of recent events. See e.g., American-Arab Anti-Discrimination Committee, Panel Discussion Recap, “Arab Women: Asserting their Rights, Deciding their Future,” November 3, 2011, available at
http://www.adc.org/media/press-releases/2011/novem- ber-2011/panel-discussion-recap-arab-women-asserting- their-rights-deciding-their-future/
4 See Gary Blasi, How Much Access? How Much Justice?
73 FORDHAM L. REV. 865 (2004). For an excellent dis- cussion of access to justice and its various elements, see Lawrence M. Friedman, Access to Justice: Some Histori- cal Comments, 37 FORDHAM URB. L. J. 3 (2010).
5 For details on the IER (“Instance Equité et Reconcilia-
tion”), see Susan Slyomovics, 100 Days of the 2011 Moroc- can Constitution, JADALIYYA, June 30, 2011, available at
http://www.jadaliyya.com/pages/index/2023/100-days-of- the-2011-moroccan-constitution. See also James N. Sater, Reforming the Rule of Law in Morocco: Multiple Meanings and Problematic Realities, MEDITERRANEAN POLITICS, Vol. 14, No. 2, 181-193 (July 2009), p. 186.
6 See, e.g., Leila Hanafi and Christine S. Pratt, Morocco’s
2004 Family Code Moudawana: Improving Access to Jus- tice for Women (September 2010) (publication forthcoming) (placing 2004 reform in historical context), pp. 4 et seq.
7 Amna Arshad, Ijtihad as a Tool for Islamic Legal Reform,
Advancing Women’s Rights in Morocco, 16 KAN. J. L. PUB. POL’Y 129, 137-8 (2006-7). Under the 1958 version of the
Moudawana, by way of contrast, “women were depen- dent on their fathers and husbands throughout their lives.” Id. at 135.
8 For a detailed description of the reforms to the Moroccan
Personal Status Code, see also generally, Katja Zvan Elliott, Reforming the Moroccan Personal Status Code: A Revo- lution for Whom? MEDITERRANEAN POLITICS, Vol. 14, No. 2, 213-227 (2009); and Katie Zoglin, Morocco’s Fam- ily Code: Improving Equality for Women, HUMAN RIGHTS QUARTERLY 31 (2009), 964-984.
9 Extensive literature addresses the political forces lead-
ing to the reform of the Moudawana. See, e.g., Fatima Sadiqi, The Central Role of the Family Law in the Moroc- can Feminist Movement, BRITISH JOURNAL OF MIDDLE EASTERN STUDIES, December 2008, 35(3) 325-337. But see Francesco Cavatorta and Emanuela Dalmasso, Liberal outcomes through undemocratic means: the reform of the Code de statut personnel in Morocco, J. OF MODERN AF- RICAN STUDIES, 47, 4 (2009), pp. 487-506, at pp. 500-01 (noting both the predominant role of the king in bypassing other political forces -- through what amounted to a “top- down reform” -- in order to secure passage of the legisla- tion as well as the positive aspects of the legislation).
10 Leila Hanafi and Christine S. Pratt, supra, p. 18. The au-
thors identify literature written in Arabic and French on women’s rights as another problem where the languages of some women are solely Moroccan Arabic and Berber. Id. Still other problems not restricted to the Moudawana reform but affecting its implementation are delays in the courts and corruption. Id. at 17, 20. See also Norman L. Greene, Beyond King’s Speech & Constitutional Reform: An Introduction to Implementing a Vision of an Improved Judiciary in Morocco, supra.
11 See Fatima Sadiqi, Morocco: Gender at Heart of New
Constitution, 9/6/11, available at
http://www.common-
groundnews.org/article.php?id=30326&lan=en&sp=0.
12 See Marina Ottaway, The New Moroccan Constitution:
Real Change or More of the Same?, 6/20/11, available at
http://carnegieendowment.org/2011/06/20/new-moroccan- constitution-real-change-or-more-of-same/5l. See also id. (mentioning “narrow limits of consultation and participa- tion imposed on the drafting of the constitution,” but ob- serving that “the process was probably more open than previous ones.”)
13 Marina Ottaway, supra. See also Paul Silverstein, Weigh-
ing Morocco’s New Constitution, MIDDLE EAST RE- SEARCH AND INFORMATION PROJECT, 7/5/11, available at
http://www.merip.org/mero/mero070511 (In contrast, the “February 20 movement had called for constitutional reform by a democratically elected assembly.”); Laila La- lami, The Moroccan “Exception,” THE NATION, August 24, 2011, available at
http://www.thenation.com/article/162967/ moroccan-exception
ILSA Quarterly » volume 20 » issue 2 » December 2011 27
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