The New York City Bar Association’s Middle East and North Africa Affairs Committee: Statement of Support for the Bar Associations of the Kingdom of Morocco

 

STATEMENT OF SUPPORT FOR THE BAR IN THE KINGDOM OF MOROCCOThe New York City Bar Association’s Middle East and North Africa Affairs Committee and the African Affairs Committee express their concern regarding Draft Law No. 66.23[1] governing the legal profession in the Kingdom of Morocco and its implications for the independence of lawyers, the autonomy of Bar Associations, the self-regulation of the profession, and the effective protection of the right of defense.

The City Bar stands in support with the Association of Moroccan Bar Associations, Morocco’s regional bar associations, and the thousands of Moroccan lawyers who have peacefully mobilized in defense of the legal profession’s historic guarantees. Their concerns merit careful attention. The independence of lawyers is a fundamental condition for the proper administration of justice, the protection of rights and freedoms, the right to counsel, and the credibility of fair trial guarantees.

The City Bar notes with concern that several provisions of Draft Law No. 66.23, as reported and discussed by Moroccan legal professionals, may affect the profession at the level of entry, training, registration, discipline, governance, financial oversight, and collective professional action. Particular concern has been raised regarding the expanded role of executive, judicial, prosecutorial, and audit authorities in matters traditionally governed by the Bar; the possible weakening of professional self-regulation; the impact of proposed disciplinary mechanisms on lawyers engaged in sensitive defense work; and the potential chilling effect on lawyers’ ability to represent clients freely, including in cases involving state institutions, politically sensitive matters, or vulnerable litigants.

The City Bar further notes the concerns of the Moroccan legal profession that elements of the proposed reform may undermine the independence of lawyers, the autonomy of Bar Associations, and the principle of professional self-regulation. These concerns address core principles shared across legal systems: lawyers must be able to advise and represent their clients without intimidation, improper interference, or fear of retaliation, and professional discipline must remain protected by safeguards sufficient to preserve the independence of the defense.

The City Bar recognizes the sovereign authority of the Kingdom of Morocco to reform its legal institutions and to strengthen professional standards, transparency, accountability, and public confidence in the justice system. Such reform is most durable when developed through meaningful consultation with the professionals whose independence gives the justice system its force. Bar Associations are not merely stakeholders in a sectoral reform. They are essential institutions in the administration of justice and guardians of the public’s right to independent legal representation.

The City Bar respectfully calls upon H.E. Abdellatif Ouahbi, Minister of Justice of the Kingdom of Morocco, to engage in a renewed, respectful, and substantive dialogue with the Association of Moroccan Bar Associations and the elected representatives of the Moroccan legal profession in regard to Draft Law No. 66.24. Such dialogue should ensure that any reform of the profession appropriately preserves the independence of lawyers, the autonomy of Bar Associations, the guarantees attached to the mission of defense, and Morocco’s commitments to the rule of law and fair trial principles.

Lawyers must remain free to defend the accused, advise the vulnerable, challenge abuse, represent unpopular clients, and stand between the individual and the power of the state. A legal profession’s ability to act with dignity, courage, and independence is indispensable to public confidence in courts, to the protection of citizens, and to the stability of legal institutions.

The City Bar therefore urges all relevant authorities to treat the concerns of the Moroccan Bar Association with the seriousness they deserve and to pursue a reform process grounded in dialogue, institutional respect, and fidelity to the essential role of lawyers in the administration of justice.

 

Middle East and North African Committee
Kabir Hashmi, Co-Chair
Nicholas Rostow, Co-Chair

African Affairs Committee
Melissa M. Verpile, Chair

 

July 2026

Source: https://www.nycbar.org/reports/statement-of-support-for-the-bar-associations-of-the-kingdom-of-morocco/