Yes, Mohammed VI’s March 9 speech was indeed historic. But no, it is not because it announced a major constitutional reform. If this speech is to be marked, it is because, by delivering it, a Moroccan King surrendered to popular pressure – a spectacular first since the country’s independence in 1956. This alone demonstrates that history, in Morocco, is already in the making.

The monarchy and the people engaged in arm wrestling on February 20. That day, 120,000 Moroccans prompted by young Facebook activists hit the streets of no less than 53 cities and villages in Morocco, claiming – among other things – a democratic constitution. In order to avoid Arabic revolutions’ contagion, the government let the demonstrations go unchallenged. As a consequence, the demonstrators realized how numerous they were, and the wall of fear suddenly collapsed.

Since then, numerous sit-ins were held in the four corners of the Kingdom and abundant op-eds were published in the press and on the Internet, all of which increased the democratic pressure--from substantial in February, to intolerable in March. On the 9th, the King appeared on television announcing a spectacular constitutional reform. Among his many promises: the “rule of law”, an “independent judiciary” and an "elected government that reflects the will of the people, through the ballot box." Go for democratic victory chants? Wait a minute…

Whoever reads the speech carefully will notice the devil in the details. Boldest case: by promising to “consolidate the status of the Prime Minister”, the King envisions the latter as the head of “an” executive branch, rather than “the” executive branch. Meaning: there will be another one elsewhere – in the royal Palace, for example. With or without constitutional reform, the “executive monarchy” (as King Mohammed himself puts it) is not done encroaching on the government’s territory. It’s as if you were stepping on somebody’s feet and instead of stepping aside, you promise this person new shoes…

The problem is obviously not with the Prime Minister’s powers. It is with the King’s – especially his spiritual powers, given that Islam is Morocco’s state religion. During his March 9 speech, King Mohammed firmly stated that those “immutable values of sacred character” shall not be debated. The Constitution’s articles 19 and 23 assert that the monarch is the “Commander of the faithful” and that his person in “sacred”. Add to this that article 29 gives him the right to govern by issuing dahirs, which are non-questionable and non-opposable royal decrees.

Long story short: the King of Morocco can do absolutely anything he wants, and no one is granted the slightest power to stop him – all of this in the name of Islam. In 1994, late King Hassan, who crafted this unanswerable argument (pretending it was “immemorial tradition”), once justified it by quoting the Prophet Muhammad: “Those who obey me obey God, and those who disobey me disobey God”. How clearer could that be? Said Mohammed VI: democracy supposes that people in charge are accountable. Yet this doesn’t apply to him. You can’t really ask for accounts from the “representative of God on his land” – as the allegiance act to the King of Morocco puts it.

On another hand, the reform’s scope is likely to be lessened by the identity of its enforcers. The day after his speech, the King appointed a constitutional reform commission formed by 18 local experts, the overwhelming majority of whom are loyal civil servants. Little independent spirit is consequently expected.  The commission’s president, Abdeltif Menouni, 67, is a member of this flock of law experts that was hired in the 1980s by former regime strongman Driss Basri in order to provide some legal justification to King Hassan’s autocracy. A fine connoisseur of constitutional law, Mr. Menouni proved skilled in this exercise. He once explained the notion of “royal prerogative” as “the monarch’s discretionary privilege to act for the good of the country in the absence of constitutional provisions or by his personal interpretation of any.[1]” It is hardly imaginable that this man, who just reached the peak of his career, would dismantle the autocratic “prerogatives” he himself defined.

Yet, despite his ensnared speech and his barely credible commission, Mohammed VI has put himself in a difficult position. Whatever the final draft constitution looks like, it will have to be validated through a referendum. If only because of that, the King will be forced to open the system one way or another. Having the “No” campaigners speak on public TV would already greatly challenge the supposedly untouchable “sacredness” paradigm. How can the royal palace admit that some Moroccans may reject a proposition from the Commander of the faithful? Put under pressure, the monarchy is reaching its ultimate contradiction: Sacred or democratic? It is now time to choose.

The protesters, who are not necessarily aware of these profound political stakes, are waiting on their part for tangible signs of change. The repression of a Casablanca March 13 peaceful protest already casted doubts on the regime’s intentions. Why such violence, only days after the King promised democracy? What if he was not sincere?

Bigger scale protests are scheduled starting March 20. It seems that the government has no good options. Dropping the mask by meeting the demonstrators with brutal repression may well escalate their anger. Up until now, the King himself was spared by the street slogans. This could change, paving the way to an Egyptian-style scenario, indeed the authorities’ worst nightmare. On the other hand, allowing the demonstrations to happen freely would empower the people and encourage them to hit the streets more, thus increasing pressure on the monarchy.

Sooner or later, Mohammed VI will have to make new concessions. When and to what extent? The highly unstable situation makes that hard to predict. One thing is certain: the democratic Pandora’s box is open, and will not be closed again.

[1] A. Menouni in Revue juridique, politique et économique du Maroc, Mohammed V University, Rabat, January 1984 (p. 42)

Original article (in French): Le Monde: "La sacralité de la monarchie marocaine est un frein à la démocratisation"

Armed only with law textbooks, six Stanford law students and faculty advisor and senior research scholar Erik Jensen landed in Kabul, Afghanistan on Feb. 6 on a mission that would last six days.

The group made up Stanford's Afghanistan Legal Education Project (ALEP), a student-led law school project funded by the U.S. State Department that creates textbooks on Afghanistan's legal system specifically for the instruction of Afghani students.

Stanford students in the Afghanistan Legal Education Project (ALEP) meet with Supreme Court Chief Justice Abdul Salam Azimi during their six-day visit to Kabul. (Courtesy of Daniel Lewis)

Working with the American University of Afghanistan (AUAF), the project is creating a new generation of lawyers to shape Afghanistan's future.

Since it was founded in 2007 by Stanford law alums Alexander Benard J.D. '08 and Eli Sugarman J.D. '09, the project has published four textbooks. These include an introductory text to the laws of Afghanistan and textbooks on commercial, criminal and international law. Students are currently writing a textbook on constitutional law.

"The whole project is indigenously oriented," Jensen said. "The textbooks are written in response to needs and demands of Afghan students, and we try to contextualize our work as much as we can to the politics, economics and social order in Afghanistan."

The purpose of the recent trip to Kabul was to explore the future and progress of the project. Students attended classes that are currently taught using ALEP textbooks, got feedback from Afghani students and professors and interacted with administrators at the AUAF to see where the project is headed.

"Sitting in on the classes and meeting with the students was for us a priority, because that's the best way we can get feedback on our books and make the project better," said Daniel Lewis LAW '12 and ALEP co-executive director.

After meeting with the president of AUAF, the group agreed that the ultimate goal for the project is to build a complete law school curriculum.

"The time frame is uncertain, but we're expanding really quickly," Lewis said.

In addition to rolling out the new textbook, ALEP plans to introduce new classes in the fall on Islamic law and the informal justice system in Afghanistan, taught by a collaborating Afghan professor and an affiliated postdoctoral fellow. Workshops on practical skills such as negotiation and writing are also on the horizon, as well as translations of the books into Dari and Pashto.

The group met other notable Afghan and American officials, including the dean at the Kabul University School of Law, university professors from the most populated provinces and Ambassador Hans Klemm, coordinating director of rule of law and law enforcement at the Embassy of the United States in Kabul.

"All the high officials we met with were extraordinarily supportive of the project," Jensen said.

"We'd gone over there expecting it wouldn't really be easy getting our books out there [past AUAF], or that there would be some hostility," Lewis said. "But that really wasn't the case. The feedback was that they were excited to have another resource that was new and updated."

Other universities are not the only other audiences attracted to the project's textbooks, which are available publicly, and for free, online.

"Over the past year or so, people have been downloading them [the books] and using them, some of which we know about and some of which we don't," said Rose Ehler LAW ‘12, another ALEP co-executive director.

The U.S. military has also used the textbooks to familiarize officers with Afghani law. According to Jensen, retired Gen. Stanley McChrystal was "very familiar" with the textbooks.

The Afghan Ministry of Justice, leading judges and legal academics have also expressed interest in the project, according to Lewis.

"It was fascinating to be [in Kabul] as Stanford law students talking to these really important people in Afghanistan...in a knowledgeable way," Lewis said.

But strengthening the AUAF law school and spreading legal education are only the beginning of ALEP's goals.

"The development of the rule of law is historical process. It takes time; there are fits and starts," Jenson said.

"The problem is when you are at Afghanistan's level of development, it will go through years and years of fits and starts...and as society goes through these episodes, it will need a new cadre of leaders to lead to positive episodes," he added.

ALEP seeks to contribute to the formation of these future leaders, not only in the legal profession but also in the country as a whole. By using analytical methods to teach students critical thinking, they hope to bridge the gap between American style legal education and the Afghan reality.

"They [the Afghan students] will see opportunities that we can't see from Stanford, but they can see on the ground in Afghanistan," Jensen said, describing the project as one that is about imagining alternatives so as to prevent oppression.

The law students' person-to-person contact with the Afghani students made it clear that this project extends far beyond what can be seen on paper.

"The passion that we all saw in the students in Afghanistan just increased our passion for the project at Stanford...the heart and soul of the Stanford group is derived from the heart and soul of the Afghan students."

"Everybody on the trip came away saying, ‘Wow, we're actually doing something that's useful here,'" Lewis said.

The trip left the group optimistic about the project's future.

"Student demand is high; we've been successful at retaining some of the best faculty, and we hope that that the [AUAF] law school becomes a center of educational excellence," Jensen said.

Despite the fact that ALEP is no longer the "sole source" of Afghan law textbooks, Jensen is confident about the books' prospects.

"I look forward to the marketplace of competition...I think our books will show themselves to be the best."