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Created on December 9, 2001, Diwan Al Madhalim came to strengthen the notion of the State of law and protect the legitimate rights of citizens. It is an institution directly linked to the King following Article 19 of the Constitution according to which the King, being the Commander of the Faithful, is “the Protector of the rights and liberties of the citizens, social groups and organisations”. The creation of Diwan Al Madhalim imparts to the concept of authority another dimension in the sense that it consecrates the idea of an authority at the disposal of citizens and in the interest of human rights and development. The choice to call this institution Diwan Al Madhalim is not fortuitous. It is inspired from Islam and an old tradition according to which alaouite Kings used to examine the complaints of their subjects. In fact, until the time of the protectorate, there was still what was called “Viziriat des Chikayates” (Ministry of complaints) whose duty was to look into the complaints of people suffering |
abuse whether from administration agents or cadis. After being registered and summed up, the complaints were referred to the sultan who gave a legal power to inquiries and verdicts.
Attributions
Diwan Al Madhalim is in charge basically of promoting intermediation between citizens, individuals and groups, on the one hand, and the administration or any other body exercising the prerogatives of public power on the other hand. This institution exercises a control mission over the administration through the examination of the citizens’ complaints related to decisions and acts considered unjust.
The DAM is also entitled to propose amendments to rules and procedures detrimental to citizens and present to the Prime Minister recommendations likely to restore the right related to the complaints received, as well as propositions to correct the dysfunctions and incapacities which hinder the administration’s action. In addition, the DAM is called to submit to the Consultative council of Human Rights an annual report on the issues concerning the improvement of the implementation of human rights within the limits of its competence.
Organization
A Wali is appointed by dahir as Diwan Al Madhalim's head for a period of six renewable years. He is chosen among personalities known for their righteousness, integrity and experience in the management of public affairs. Wali Al Madhalim, who executes the attributions devolved to Diwan Al Madhalim, is assisted by ministerial and regional delegates, named after approval of HM the King.
The ministerial and regional delegates endeavour to enhance communication between the administration and citizens, receive and examine grievances, complaints, and requests for settlement, present to the Wali Al Madhalim proposals and recommendations aiming at improving the functioning of the administration and ironing out the difficulties which meet citizens in their relation with the administration.
They also represent Wali Al Madhalim to the administration, assure contact between the DAM and administrations and the institutions concerned, suggest any practical suitable measure likely to simplify the administrative procedures and allow citizens to accede to the services of the administration in the best conditions.
In April 2004, the Prime Minister designated the main interlocutors of Wali Al Madhalim and his delegates. They were selected among general inspectors of ministries and some high officials of public institutions and bodies.
For further information: http://www.diwan-almadhalim.ma