The President of the National Association of Lawyers of Morocco, Mohamed Lahbib Benchikh, has addressed an open letter to Fernando Hernández Gómez, President of the International Union of Lawyers (UIA), at its headquarters in Paris. In the letter, he raises concerns over what he views as a setback to the independence of the legal profession, in light of the draft law regulating the practice of law in the Kingdom. Illustrative photo / Ph. Olivier Chassignole ‹ › Mr. President of the UIA, On behalf of the National Association of Lawyers of Morocco, we have the honor to address you in your capacity as President of the world's largest and oldest representative organization of the legal profession, which enjoys consultative status with the United Nations Economic and Social Council (ECOSOC). We wish to draw your attention to what we consider serious setbacks affecting the independence of the legal profession and the immunity of the defense, as enshrined in international human rights standards, particularly in the provisions of the draft law regulating the legal profession recently presented by the Moroccan Ministry of Justice. Dear Colleague, According to international standards, the legal profession constitutes a fundamental pillar of the rule of law and an essential guarantee of the right to a fair trial and the right to defense. The Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana in 1990, particularly Principles 16, 18, 23, and 24, affirm the right of lawyers to exercise their profession without persecution, obstruction, or unjustified interference. They also guarantee the independence of professional organizations and protection from any form of prosecution or pressure arising from the performance of defense duties. However, in its current version, the draft law regulating the legal profession in Morocco contains provisions that, in our view, contravene these UN principles and directly affect: - The organizational independence of lawyers, through the expansion of executive authority over professional affairs, including increased supervision and intervention. This runs counter to Principle 24 of the UN framework, which affirms lawyers' right to establish and manage professional organizations independently; - The immunity of the defense, through provisions that restrict lawyers' freedom in the exercise of their duties and expose them to prosecution for acts directly linked to their defense mission, in clear violation of Principles 16 and 18; - The freedom of expression and association of lawyers, in a manner inconsistent with Principle 23 and with Article 19 of the International Covenant on Civil and Political Rights. - The Association further considers that this draft law contradicts Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right to a fair trial, a right that cannot be effectively upheld without a free and independent defense, protected from any form of influence or dependency. Mr. President of the UIA, This position is not held by our Association alone. It is shared by the Moroccan Bar Association, as well as by numerous professional, civil society, and human rights organizations, which have explicitly rejected the draft law. These actors view it as a regression from the constitutional and historical achievements of the legal profession and as a direct threat to its role in safeguarding rights and freedoms and upholding the supremacy of the law. In this regard, we recall that the reports of the UN Special Rapporteur on the independence of judges and lawyers have repeatedly emphasized that any legislation undermining the independence of lawyers or placing them under the authority of the executive power constitutes a structural risk to the justice system and a violation of the principle of separation of powers. In light of the above, the National Association of Lawyers of Morocco respectfully requests that you: - Include this issue among the priorities and concerns of the UIA; - Issue alerts or public statements regarding the risks currently facing the legal profession in Morocco; - Engage with the Moroccan authorities to urge a revision of the draft law in line with international standards on the independence of lawyers, and to encourage a genuine, inclusive, and participatory legislative process involving professional and human rights organizations, in order to safeguard the independence of the profession and the immunity of the defense. Please accept, Mr. President of the International Association of Lawyers (UIA), the assurances of our highest consideration and respect. For the National Association of Lawyers of Morocco, The President, Maître Benchikh Mohamed Lahbib
