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Comparative law and justice/Ecuador

Part of the Comparative law and justice Wikiversity Project

Vinthasanh 22:46, 7 February 2011 (UTC)

Basic Information

Ecuador is located in South America and there are 22 cities within the state. This country borders between Columbia and Peru. As of July 2010, there was a population of approximatly 14,790,608 people. The capital of Ecuador is Quito. Ecuador sits at the equator of the earth, which is also known as Republic of Ecuador or given its name in translation, Republic of the Equator. The country is 109,415 square mile. The urban population of Ecuador is 63% and is currently rising. The life expectancy rate for a person to live is approximately to the age of 71 years. Ecuador only has an 85% access to safe drinking water for the population. The largest city in Ecuador is Guayaquil with the population of just over 2,000,000 people residing in the country. The evidence concluded that the country of Ecuador has had its civilization since 3500 B.C. The ethnicity in Ecuador ranges from the Mestizos, Indigenous, Whites and the Afro-Ecuadorians. The major religion practiced is Roman Catholic. Ecuador became independence from Spain on May 24th, 1822. Spanish is the official language spoken for the Ecuadorian country. The approximate growth rate for Ecuador is 1.56%. Ecuador also has a high risk of infectious diseases spreading throughout the country. Diseases ranges from bacterial diarrhea, to hepatitis A, malaria, dengue fever, leptospirosis, and typhoid fever. The Ecuadorians also drive on the right side of the road and also in the left side of the car. Some linguistic characteristic is in the 1998 constitution, the state guarantees the system of bilingual, intercultural education where the language and culture are taught and Spanish is the set phrase of intercultural relations. Some languages are spoken only by the most native people, such as Quichua. Some that belong to the northern region of Ecuador commonly speak comprehensible languages of Barbacoan.

Brief History
Every civilization that was created in Ecuador, had developed their own uniqued type of agriculture and development of work. In the early history of Ecuador, there were a variety of cultures including the Chorrera, Jama Coaque, Bahia, Tolita, Machalilla, and Valdivia and have been established between the time of 12,000 B.C. and 1,500 A.D. These were the oldest known cultures in the Americas. It is assumed that the early settlers in Ecuador were the Asian nomads that traveled in South America and around 12,000 B.C. It is also assumed that the Polynesians later joined the Asian nomads. Approximately 150 years later, the Incas later connected with them. After hundreds of years of land expansions, agreements and warfare, the Incas later took over and conquered the region. Around the 1500’s, the Spanish came and invaded Ecuador. The leader of the Incas, Huayna Capac, combined his invasions of the territory that his people had which included Ecuador. One of the first settlers of the Spaniards landed along northern Ecuador in 1526. In the following years, the new Inca leader, Atahualpa, was ambushed, attacked and executed. The Inca empire was later demolished. When the Inca Empire was defeated, the Spanish migrants later instituted themselves and became the new rulers of Ecuador in 1534. Quito declared themselves as the first self governing junta in the Spanish colonies on August 10, 1809. Guayaqul later declared their independence on October 9, 1820. The first figure known as the President, General Juan Jose Flores. During this time, Quito was chosen to be the country’s capital and Catholicism became the official religion of Ecuador. One of the biggest times in Ecuador were the years between 1851-1852. This is because General Jose Maria Urbina had given freedom to all of the slaves of Ecuador and he established that all Ecuadorians have equal rights. By 1860, Gabriel Garcia Moreno merged the country and proclaimed that for a individual to become to Ecuadorian citizen, he must be at least 21 years of age, married and also had to be literate.

Health
Home remedies are one of the many important resources in Ecuador. In the constitutional reform of 1998, traditional and alternative medicines were later identified. The Amazonian Quichua and the coastal Tschachila healers are known as the be the best and most powerful healers. Most health-care deliveries are only present in large cities. Just about any drug or prescription can be purchased over the counter at any store in Ecuador. There are only exceptions where people can go to the hospital where they are in terrible pain or suffering to find a cure for an illness. The people of Ecuador are taken care with their health, maternity, any types of risks, retirement, old age, invalidity, and death. The Ecuadorian Institute of Social Security was established to help people with these types of needs. There are various hospitals, ambulance services clinics and maternity services spread across Ecuador. If an individual is seeking for real help, the possibility of getting treatment in remote areas is crucial. You are most likely to find help and service in large cities, capitals and provinces.

Education
In the culture of Ecuador, it is required that every child attend school until they reach a basic level of education which is only about 9 years of school. By 1996, Ecuador found a study that most students stayed in school until they had reached the fifth grade. Only a small percentage of students further their education through high school and most of the expenses come from the government while the rest is from the parents of the students who pay for other expenses and transportation. Ecuador has 61 universities which includes the education for engineering, mathematics, technician, physicist, chemist, medicine and law. Only 94% of adult males are literate, while 91% are adult females.

Elections
In Ecuador, the President is democratically elected to serve a 4-year term. As of today, the president is Lenín Moreno. The executive branch consists of 25 ministries. Governors, councilors, mayors, aldermen, and the parish boards are directly elected. Throughout the year, not including the recesses in July and December, the National Congress of Ecuador meets. There are 69 members of the 7 group congressional committees. The Justices of the Supreme Court are appointed by Congress for indistinct terms. The system in Ecuador is a multi-party system. Each party must work with one another so no party will gain more power than the other and they must form coalition governments.

Judicial Review
The branch of the Ecuadorian Supreme Court are elected by the sitting members of the court. The president and also the vice president are elected at the same time and serves a 4-year term. There are 28 ministries included in the executive branch. In the legislative branch, Ecuador has a unicameral National Congress, also known as Congreso Nacional. There are 100 members in the branch that are elected by the popular votes that are voted by the cities and members serve a 4-year term.

Constitution
http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html

Punishment
Ecuador abolished death penalty in 1906, the article is false altogether. The sources cited state the opposite of things said in the article, please fix it The types of punishments held in Ecuador are Capital Punishments which are sentenced in piracy in on the high seas. There are other criminal punishments that include murder, which will result in long terms of incarceration and large fines. Ecuador is one of the many countries today that still use the death penalty as a form of punishment. Some of the reasons why the death penalty is still used, even for the smallest committed crimes is to deter crime and also to make an example of what would happen if the crime would to be committed again. Other reason for why most agree with the death penalty is espcially punishing the criminal for his or her wrong-doing and also for the victim and possibly for their family obtain retribution. Many arguements hold that the death penalty is morally wrong. Reason are because since the majority of the population in Ecuador are Roman Catholic, it is against their religion. It is also very unfair to the poor victims and families who cannont afford to have a lawyer or any legal counsel to defend them. It is simply portrayed to be used against the unwealthy, the minorities, ethnic and religious groups of people. Some may say that if a criminal is rehabilitated, then that person can make a contribution to society once they are released. Another form of punishment is public humiliation where offenders can be stripped down, beatened, and whipped. These actions are not made by the authorities, but by society.

Legal Personnel
The legal system in Ecuador is the set of norms that constitute the effective legal order. It demonstrates that laws refers to the rights of the people. The legal dorm is structured on the superior hierarchy. The Ecuadorian constitution was approved and established on January 15, 1978. There is no legal values in the international laws, decrees, regulations, treaties, or agreements in the constitution.

Law Enforcement
The police enforcement are under the minister of government and justice with supervision. In the constitution of 1830, congress established the separation of the municipal councils to create their own police departments and new regulations for the Ecuadorian police department. After Ecuador was an established state, the police systems were under the power of the army. Soon later, the police become the first national police organization in 1937. The name was finally changed to National Civil Guard in 1951 then changed again to the National Police in 1979. The Ecuadorian military consists of the Army, Air Force and the Navy. Their responsibility is to preserve the integrity and national sovereignty for the national territory. Military begins in Gran Columbia where the army are stationed. The new army officers graduate in Quito. Salina is the place where the Ecuadorian Navy Academy is held while the Air Academy is located in Guayaquil where the graduates are air force officers. Some other training academies for certain military specialties are located across the country. Part of the workshops giving to police officers are to teach responsibilities and learn techniques for handling disturbances. Police corruption become a widespread problem in Ecuador. The police uses their power to exort body, accumulate money and property, facilitate trafficking, and obstruct investigation.

Crime Rates and Public Opinion
Crime has been a huge issue in Ecuador over the past few years. There has been crime against American citizens and especially towards tourists. Crimes have included things such as home invasion, robbery, sexual assault, and homicide. Crimes have becoming worse also due to the lack of policing and the limited judicial resources. Some of the least violent crimes involve pick-pocketing, purse-snatching and bag slashing, robbery, and hotel room theft. Many of the crimes take place in public areas such as crowded streets and intersections, in cars, attended and not unattended, restaurants, airports, stores and markets. Most of the crimes occuring is done in groups. For example, when someone is pick-pocketed or having their bag slashed, it is done within two people where the victim is distracted by having a drink spilled on them and having the stealer help them clean up and aplogizing, while the other will do the dirty work and pick the steal what they want or grab items from the victims bag. Not only do the crimes happen in the capital city, but also in other smaller cities. Robbers are becoming more creative nowadays. They are traveling on motorcycles and snaching bags from tourists and carrying weapons like guns and knives. Though Ecuador is not the worst place, but yet it is a whole lot safer than other other places in South America. Everyone in Ecuador is basically on their own. There is no one to help you, though there is the lucky few who have had no problem with crime. "The cities of Ecuador are not places to let your guard down. You need to be alert..." Since Ecuador is a heavy population country, not much can be done. Someone commits a crime left and right and there is just too many people to stop. Over the past few years, there has been many warnings to travels who come into Ecuador so they can be aware and what to excecpt. Violent crimes, sexual assaults, and muggings have heavily increase over the past few years and are usually targeted "well-traveled tourist areas."

Family Law
The Family Code is generally favorable towards women of Ecuador. For marriage, the legal minimum age is 18 and early marriage must be consented with parental permission or authorization from a judge. It was originated that in 2004, approximately 22% of girls between the ages of 15-19 were either married, divorced, or widowed. In the Constitution of Ecuador, it includes equal protection for family responsibilities for both men and women. Parental authority is jointly by both the parents. Usually in any case, the father has the parental responsibility of the children. Any marriage to become legal, it should be done by an Ecuadorian civil authority. For a divorce to occur, it is usually arranged by the lawyer since the process is so difficult. It all depends on the circumstances where documents such as marriage certificates, birth certificates and financial documents must be presented to the local court that is managing the case. The embassy provides names and attorneys for what you need, but they are not held responsible for the profession or integrity of the attorneys. When inheritance is involved, there are limitations to access. The survivor of the family who dies, automatically receives the mains assets. Whoever is under the individual that dies, then they are responsible to take charge. There income or inheritance must be split and divided among the spouse. The head member of the family, usually the elest male, is in charge of the family. It can be the father, husband, or grandfather. Adoption is an open program in Ecuador. Children can be adopted including infants, groups of siblings, older children and special needs children. Children often live in foster care or orphanages. Single parents are allowed to adopt and Ecuadorian child and married couples must be over the age of 30 with no prior divorce records.

Social Inequality
There is a growing inequality in Ecuador that is on the rise due to the new social movements.

Human Rights
There are still issues that remain about rights that relates to minority issues, race, class, and gender in Ecuador. There is currently no Amnesty International available in Ecuador. There are thousands of people in Ecuador that are in need of fair protection process and documentation. This becomes a problem because many of the people are residing in remote areas and are afraid to register themselves for security. Many single women and girl are the most vulnerable to abuse and exploitations. Without any documentation, it limits the access of refugees and asylum-lookers to any sort of State services. Many needs are crucial because of the high cost and lack of availability and services in certain areas. Ecuador also has ownership rights. The Agrarian Development Act of 1994 has put forward the access to land ownership and created a market for land. During this practice, fewer men and women has access to land.

title: Comparative law and justice/Ecuador


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Comparative law and justice/St. Kitts and Nevis

Part of the Comparative law and justice Wikiversity Project

Lemonsorlimes 22:46, 7 February 2011 (UTC)

Geographical Characteristics
St.Kitts and Nevis are two islands in the Caribbean Islands. St.Kitts is 168 square km and Nevis is 93 sq km; the two islands together are 261 sq km, or over 100 square miles. For comparison, St.Kitts and Nevis combined equal approximately 1.5 times the size of Washington, D.C. The islands are surrounded by the Atlantic Ocean and Caribbean sea, with a coastline of 135 km long. Nevis and St. Kitts have been described as looking like a ball and baseball, respectively. The two islands are connected by a 3.2 km (1.2 miles) long strait. At the southernmost tip of St.Kitts sits the Great Salt Pond, home to numerous species of birds. The highest point of St.Kitts is Mount Liamuiga, a dormant volcano cone whose peak sits at 1156m (3793 ft). On the southwest side of the island is a layer of volcanic rock under a layer of limestone 229 meters high called Brimstone Hall. These are just two of the mountains raining from southeast to northwest. The peak of Nevis sits in the middle of the island at 965 meters. The peaks of the mountains are weathered due to erosion. The islands experience tropical weather and occasional periods of torrential down pours. The islands also experience sea breezes from being completely surrounded by water. The typical rain months are May to November for St.Kitts. Hurricanes have been on watch from July to October.

Demographical Characteristics
The population of these island is 49,898, growing at a rate of .838%. The capital and largest city is Basseterre, with a population of 15,500. The life expectancy of St.Kitts and Nevis is on average 74 years. The life expectancy for females is 77, males 72. Mortality rate is 9.9 to 1000 still born, ranking St. Kitts and Nevis 153rd in the world. The age composition of those living in St.Kitts and Nevis is: The median age for both female and male 31.5 years old. The birth rate is 14.23% where as the death rate is almost half of at 7.11%.
 * 0-14 years:26.3%
 * 15-64 years:65.9%
 * 65 and over: 7.9%

Ethnic Characteristics
St.Kitts and Nevis can be broken into five different ethnic groups.
 * Predominantly black (90.4%)
 * Mularro(5%)
 * Indo-Pakistani (3%)
 * Lebanese, British, Portuguese (1%)
 * Other(0.6%)

Transportation Characteristics
The mode of transportation in St.Kitts and Nevis is by airplane, train, car, or boat. There are two airports: one in Bassaterre and one in Charlestown. Their train travels a total of 50 km (31 miles). The roads of St.Kitts and Nevis are primarily unpaved; there are 220 km (137 miles) of unpaved road and paved at 163 km (101 miles) of paved.

Linguistic Characteristics
The main language of St.Kitts is English. Like any other place, they have their own version of the language. This is called Saint Kitts Creole English. Examples:
 * Instead of "s" at the end of a word to pluralize it, they use "dem." Children's - "Children dem"
 * Instead of "is it" at the end of a question, they use "y be" pronounced i be. "who is it?" - "who y be?"

Religious Characteristics
St.Kitts and Nevis can be summed up into 4 categories of religion.

 * Anglican (36%)
 * Methodist (32%)
 * Other Protestant (8%)
 * Roman Catholic (10%)

Brief History
At the beginning of time Saint Kitts and Nevis was occupied by the Carib Indians. This was until Christopher Columbus discovered the the larger island (now knows as St.Kitts) on his second voyage in 1493. He named it St. Christopher after patron saint. Also during his second voyage, he discovered Nevis. Naming it Nevis after our lady of snows due to the clouds around the top of the central mountain which looked like a snow cap, (in Spanish "nuestra senora de las nieves"). Although it was a stop over point for the Virginia settlers, who paused for respite here in 1607, it was not until 1623 when the English and French established permanent European settlements on the islands. This is when they shortened the name from St.Christopher to St.Kitts. The French and English soon would begin warfare and cause the british to take control of both St.Kitts and Nevis until 1782 when the French seized both St.Kitts and Nevis. In 1783 when the Treaty of Paris came about, the British were put in control of both St.Kitts and Nevis. From 1871-1956 they were part of the Leeward Islands. The from 1958-1962 they became part of West Indies Federation. Finally in 1967 in association with Great Britain, they became a self governing state. St.Kitts and Nevis achieved independence on September 19, 1983.

Economic Development, Health, and Education
The GDP breakdown for St.Kitts and Nevis is: The main exports are machinery, food, electronics, beverages, and tobacco. This all totaling 84 million U.S. dollars. The main imports are machinery, manufactures, food, and fuels; all totaling 383 million U.S. dollars. St.Kitts and Nevis is known for their agriculture products being sugarcane, rice, yams, veggies, bananas, and fish. Their industries are tourism, cotton, salt, copra, clothing, footwear, and beverages. The labor consists of 18,170 leaving the unemployment rate at 4.5%. St.Kitts and Nevis have a very high literacy rate of 97.8% This rate is based on people over the age of 15 to attend school. 98% of females are educated and 97% of males are educated. The average number of years of school is 12 years.
 * GDP (Purchasing Power) : $719.5 million
 * GDP (Exchange Rate): $562 million
 * GDP (Real Growth) : 1.5%
 * GDP (Per Capita) : $14,400
 * GDP (Aggriculture): 3.5%
 * GDP (Industry): 25.8%
 * GDP (Services): 70.7%

Courts and Criminal Law
St.Kitts and Nevis are lacking data about their crime. It is not a country that records records often. Although,when they are recorded, overall St.Kitts and Nevis turns out to not be a top country due to crime rates. It is also not a country with a very low rate of crime. When visiting this country it is suggested by the civilians to not walk the streets alone at night. In the year 2008, crime was at its height.

Punishment
The death penalty is still in effect in Saint Kitts and Nevis. The last victim that was hanged was in 2008. The death penalty is only used for murder cases. Corporal punishment is still allowed in schools. It is supposed to be used as a last resort, after all other ways of punishment have been used. Juveniles have been known to have a curfew of ten o'clock at night to keep them out of trouble. In case they do get in trouble there are detention facilities for them.

Courts
St.Kitts and Nevis are part of the Eastern Caribbean Supreme Court. It is then split into two categories, Court of Appeal and High Court of Justice. The court system has a mediation based way. The mediators try to resolve the problems outside of the court. They will meet with the disputants to discuss the problem and come to a conclusion. Unlike judges, mediators do not decided on a decision. They simply show the parties the evidence and try to help come to a conclusion. If after the two parties can not reach a conclusion, the problem will resort to trial. Mediator's are people form the community who have specially trained to mediate.

A court system includes a Chief Justice, three Justices of Appeal, sixteen High Court Judges, and two masters. The Chief Justice is the judiciary leader. Judges are there to determine the cases, and master are in control of the procedure.

For a person to become a lawyer in St.Kitts and Nevis, they are to go to a advanced level of education. It is possible for them to attend The OECS Judicial Education.

Crime Rate
When compared to Japan (a low crime rate country) and The Unites States (a high crime rate country), St.Kitts and Nevis falls almost directly in the middle. The categories tested were murder, rape, robbery, aggravated assault, and larceny. Categories where St.Kitts and Nevis is higher than both Japan and The United States: (The numbers indicated are per 100,000 population.)
 * Murder: St.Kitts and Nevis(12.00), Japan (1.00), and USA(4.55)
 * Aggravated Assault: St.Kitts and Nevis(434.00), Japan(15.97), and USA(329.63)
 * Burglary: St.Kitts and Nevis(1790.00), Japan(206.01), and USA(755.29)

Categories where USA is higher than both Japan and St.Kitts and Nevis.
 * Rape: USA (32.05), St.Kitts and Nevis (26.00), and Japan (1.47)
 * Robbery: USA (147.36), St.Kitts and Nevis (132.00), and Japan (3.34)
 * Larceny: USA (2502.66), St.Kitts and Nevis (12.00), and Japan (1267.95)

Overall, the results are USA (4184.24), St.Kitts and Nevis (2406), and Japan (1529.75). The most recent reported homicide rate was in 2008 of 35.2. (Rate is out of 100,000 per population)

Police Force
In total, there are 30 people who make up the small police force. The regular police force is about 370 officers in total. That being 72 people in Nevis and an additional 27 in auxiliary. When a person is detained by an officer, they must be charged or released within 48 hours. If the victim is charged, they must be seen before the court within 72 hours.

Jail
Every citizen is entitled to a speedy, fair, and public trial. Only in capital cases is free legal assistance allowed. St.Kitts and Nevis are suffering from jail overcrowding. Their jail holds 155 people, yet they will make room for 183+. Inmates will end up sleep on mats on the floor. The jail is separated for males, females, and juveniles. Corporal punishment is legal, and lashings are legal if found guilty.

Violence Against Women
Violence against women is a large problem in St. Kitts and Nevis as it is in other Anglo-Caribbean countries. Domestic Violence charges amount to up to $5,000 in fines and/or six months in prison. Woman have been and are reluctant to report instances of rape or domestic violence, resulting in underreporting and unreliable data. Additionally, legislation prohibits rape, however, not spousal rape

Trafficking
St Kitts and Nevis's human trafficking legislation is the Trafficking in Persons (Prevention) Act, No. 38 of 2008. St.Kitts and Nevis is a transshipment spot for cocaine. The transport the cocaine through small sail boats, and small speed boats. Marijuana is grown locally.

Family Law
St.Kitts and Nevis is part of the common law family. This meaning, a lot of the basis comes from the English tradition. This follow suits with the United States of America. In this case, it takes the same requirements to get married in St.Kitts and Nevis as it does in United States of America.

The requirements are:
 * Each member must have a valid passport or ID
 * (If necessary) A valid divorce decree is necessary.
 * (If necessary) A widow would need to provide a death certificate.
 * If marriage is a religious ceremony, the couple must get a letter from their priest or minister stating that they are a known couple, and are in fact not married yet.
 * Marriage license.

For adopting a baby, the regulations again are a lot like Unites States of America.

They are as follows:
 * They need to fill out many forms including the hague process or non hague process and the certificate of citizenship.
 * If unmarried, must be 25 years old.
 * If married, must jointly want to adopt.
 * Must meet a series of requirements including, criminal background checks, finger printing, and a home study.

Along with Marriage and Adoption, the way inheritances are determined is slightly the same. If someone dies without a will:
 * The assets go to the surviving spouse.
 * In addition, they will receive EC $5000 (US $2000) or 10% of net value of estate. Whichever is greater.
 * All debts are paid by estate.
 * If no spouse is alive, the assets go to the children.
 * If there is a spouse plus children, half goes to the spouse and half goes tot the children.
 * If no spouse and no children are not legally an adult, a legal guardian can be appointed in the will or by the court.

Woman are mostly in control of the children. Woman are known are care takers to their children. In a family setting, like United States of America, the parents are a couple will make decisions for the family.

Human Rights
To improve human rights of St.Kitts and Nevis, Amnesty International recommends for states to "repeal all provisions allowing for the death penalty and to immediately declare a moratorium on all executions." Following Amnesty International's recommendation would improve significantly improve the country's human rights. The Under 5 mortality rate is 118 compared to the 2009 rate of 25.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Comparative law and justice/Morocco

Part of the Comparative law and justice Wikiversity Project

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Basic Information كسم المغرب
Major Cities

The capital of Morocco is Rabat. The government and key parliamentary offices are located in the capital. The largest city is its main port city of Casablanca.

Flag

Red with a green pentacle (five-pointed, linear star) known as a variety of Solomon's six-pointed seal in the center of the flag. Red and green are traditional colors in Berber flags. The current Moroccan flag was made by the French governor-general Hubert Lyautey who replaced the David star in the Moroccan flag with a pentacle in 1915 and made it official.

National Anthem

- Name: "Hymne Cherifien" (Hymn of the Sharif)

- Lyrics/music: Ali Squalli Housainni/Leo Morgan

- Note: music adopted 1956, lyrics adopted 1970

Geographical Information

Morocco is located in Northern Africa, bordering the Atlantic Ocean and the Mediterranean Sea, between Algeria and the Western Sahara desert. Morocco's landmass totals 446,550 sq. km. which is the 57 (slightly larger than California) largest country in the world. Morocco's northern coast and interior are mountainous with large bordering plateaus, valleys and rich coastal plains. the lowest point is Sebkha Tah (-55m) and its highest point is Jebel Toubkal (4,165m).

Climate

The climate in Morocco is reliably dry, although small amounts of rain do fall between November and March. Temperature varies considerably by season and locale. While the southern and southeastern desert regions can reach extremely high temperatures during the hot summer months, the higher altitudes of the mountains are cool in summer evenings and freezing in winter.

Resources

Morocco has several key natural resources such as iron ore, lead, zinc, phosphates, manganese, fish, and salt. Large earthquakes and periodic droughts create natural hazards due to the mountainous terrain and the Sahara Desert.

Population

The population of Morocco (July 2010) is estimated at 31,627,428, 38 largest in the world. A 2010 estimate states that Morocco's population grows at an estimated 1.077% per year, good for 118 fastest in the world. The male population of 15,319,926 is outweighed by the female population of 15,875,248. The migration rate to Morocco is -3.88 migrant(s) per 1,000 population.

Languages

There are three main languages spoken in Morocco. The first, Arabic, is the official language spoken throughout the country. The second most popular language spoken is Berber. The third language spoken is French, which is used mainly for business, government, and diplomacy. French is popular with the government because Morocco was controlled by the French from about 1904 to 1956.

Ethnicity And Religion

Morocco is made up of several ethnic groups and religions. The ethnic group which makes up the largest population is Arab or Berber (99.1%) followed by a mixture of ethnicity (0.7%) and the smallest group is the Jewish consisting of a mere 0.2% of the population. As to religions, Islam has the largest following at 98.7% of the population. Christianity has a small following at 1.1%, followed by Judaism, with 0.2% of the total religious population in Morocco.

Brief History
Morocco's history began with the Berbers, the aboriginal people who have inhabited the country since the end of the 2nd millennium BC Rome extended its rule over the area after defeating Carthage in 146 BC, and testimony to its presence still exists in the fine Roman ruins at Volubilis. As Rome fell into decline Morocco was invaded first by the Vandals and then, in the 7th century, by the Arabs. Although external Arab rule lasted little more than a century, the arrival of Islam proved to be a permanent addition to Moroccan culture. In the ensuing centuries a series of ruling dynasties came to power, including the Idrissids, the Almoravids, and the Almohads, but none seemed capable of long maintaining the critical support of the Berber leaders.

By the 15th century Spain and Portugal began to intrude into Morocco, after having expelled the Moors from their own lands. Although Morocco successfully repulsed these invasions, the tide of European imperialism eventually proved too great. By the middle of the 19th century Morocco's strategic importance had become evident to all of the European powers, and they engaged in a protracted struggle for possession of the country. Finally, in 1911, France was formally acknowledged as protector of the greater part of the country, with Spain receiving a number of isolated locales. French rule came to an end in 1953, although its cultural influence on Morocco remains strongly in evidence. Today the country is ruled by King Mohammed VI. He appears to be leading Morocco toward both long-term stability and a greater degree of economic prosperity.

Economic Development, Health, and Education
Economic Development

Morocco's GDP is $153.8 billion (2010 est.), which is the 58 richest in the world. The GDP per capita is $4,900 (2010 est.), 147 richest in the world. Morocco's labor force is estimated to be around 11.63 million people.

Labor Force-By Occupation

Agriculture- 44.6% (barley, wheat, citrus fruits, grapes, vegetables, olives, livestock, wine) Industry- 19.8% (phosphate rock mining and processing, food processing, leather goods, textiles, construction, energy, tourism) Services- 35.5%

The unemployment rate in Morocco is estimated at 9.8%, 109 in the world. 15% of the population is estimated to be below the poverty line (2007 est.).

Exports And Imports

Morocco has an estimated $14.49 billion in exports in 2010. Materials Morocco exports are, clothing and textiles, electric components, inorganic chemicals, transistors, crude minerals, fertilizers (including phosphates), petroleum products, citrus fruits, vegetables, fish. Morocco has an estimated $34.19 billion in exports in 2010. Morocco imports much of their resources such as, crude petroleum, textile fabric, telecommunications equipment, wheat, gas and electricity, transistors, plastics.

Health Care

History

In 1956, when Morocco became independent, there were only about 300 public health physicians and 400 private practitioners in the country. Since then, the government has made health care services more widely available and improved their quality. By 1992, health care was available to 70% of the population. Health education courses at schools and colleges, and programs to teach hygiene to children and parents, have also helped raise the quality of health. The current life expectancy is 66.5 years for men and 70.6 years for women.

In 1982, the Ministry of Public Health was formed. Since then, smallpox has been eliminated, typhus outbreaks are less frequent, and malaria and tuberculosis have been brought under control. The World Health Organization and UNICEF also support the government’s campaigns to reduce eye disorders and sexually transmitted diseases. Employers in industry and business are required to register their workers for benefits, but many workers are still not covered. Many other programs aiming at extending medical care to needy Moroccans are under wayDuring the early eighties, there was a decline in the overall state supremacy. With the world economic crisis, the State had to face a profound financial crisis leading to the adoption of restrictions and reforms. The coming of Alma-Ata declaration offered the opportunity to focus on the prevention of disease and the development of basic health care and health programs. Since then, prevention became the state priority while hospitals were left in the shadow of health policies. The Medical Doctors showed a growing interest in the liberal medicine. The development of the private sector increased in the urban area and in the most promising regions of the country, independently from the State.

During the early eighties, there was a decline in the overall state supremacy. With the world economic crisis, the State had to face a profound financial crisis leading to the adoption of restrictions and reforms. The coming of Alma-Ata declaration offered the opportunity to focus on the prevention of disease and the development of basic health care and health programs. Since then, prevention became the state priority while hospitals were left in the shadow of health policies. The Medical Doctors showed a growing interest in the liberal medicine. The development of the private sector increased in the urban area and in the most promising regions of the country, independently from the State.

Healthcare System

The health system is organized according to a pyramidal hierarchy. Structures of primary healthcare (clinics, urban and rural health centers and local hospitals in rural districts for the public sector; medical offices and infirmaries for the private sector) represent the first resort for the patients. They provide preventive and promotional cares as well as ambulatory curative cares.

The second recourse corresponds to the provincial and prefectorial hospitals for the public sector and the specialized offices and clinics for private one. The third recourse includes regional hospital centers. Fourth recourse is the university hospital centers, one each in Rabat, Casablanca, Fez and Marrakech, where secondary healthcare requiring high-tech equipment and logistics is being provided.

The semi-public sector comprises of health care institutions managed by health insurance organization (CNOPS and CNSS) and other semi-public institutions (office chérifien of the phosphates; national office of the railways etc). They provide curative ambulatory and hospital cares.

Life Expectancy

Total Population- 75.69 years

Male- 72.63 years

Female- 78.9 years

Infant Morality Rate

Total- 28.61 deaths/1,000 live births

Male- 33.52 deaths/1,000 live births

Female- 23.46 deaths/1,000 live births

According to 2001 statistics, sexually transmitted infections (STIs) have become a real public health problem in Morocco, with 250,000 new cases reported per year. Women are particularly vulnerable to STIs and HIV/AIDS due to their lack of power over decisions regarding their reproductive health, such as the use of contraceptives for effective prevention and protection. While it is believed that HIV/AIDS is still relatively limited in Morocco, women are becoming as vulnerable as men. The subject of HIV/AIDS, however, is no longer taboo, and the Ministry of Health and health-specialized NGOs have organized several awareness programs. Nevertheless, the efforts of government and civil society to combat HIV/AIDS are often challenged by the activism of conservative political groups opposed to consciousness-raising and sexual education programs.

Education

Education in Morocco is free and compulsory through primary school (age 15). Nevertheless, many children--particularly girls in rural areas--do not attend school, and most of those who do drop out after elementary school. The country's literacy rate reveals sharp gaps in education, both in terms of gender and location; while country-wide literacy rates are estimated at 39.6% among women and 65.7% among men, the female literacy rate in rural areas is estimated only at 10%.

Morocco is home to 14 public universities. Mohammed V University in Rabat is one of the country’s most famous schools, with faculties of law, sciences, liberal arts, and medicine. Founded over 1,000 years ago, Karaouine University, in Fes, is the oldest center for Islamic studies in the Maghreb. Morocco’s most prestigious public English-language university, Al-Akhawayn, was founded in 1993 by King Hassan II and King Fahd of Saudi Arabia in Ifrane. Its curriculum is based on an American model.

Governance
Morocco's Constitution was adopted on September 13, 1996. The first link has the translated copy of the Constitution, while the second has the French copy: http://www.al-bab.com/maroc/gov/con96.htm (English). http://www.al-bab.com/maroc/gov/con96fr.htm (French).

Structure
Executive Branch

- Chief of State: King Mohammed VI (since 30 July 1999)

- Head of Government: Prime Minister Abbas El Fassi (since 19 September 2007)

- Cabinet: Council of Ministers appointed by the monarch

- Elections: the monarchy is hereditary; prime minister appointed by the monarch following legislative elections

Legislative Branch

- Bicameral Parliament consists of the Chamber of Counselors (or upper house) (270 seats; members elected indirectly by local councils, professional organizations, and labor syndicates to serve nine-year term.

- One-third of the members are elected every three years) and Chamber of Representatives (or lower house) (325 seats; 295 members elected by multi-seat constituencies and 30 from national lists of women. Members elected by popular vote to serve five-year terms).

- Elections: Chamber of Counselors - last held on 3 October 2009 (next to be held in 2012); Chamber of Representatives - last held on 7 September 2007 (next to be held in 2012) election results: Chamber of Counselors - percent of vote by party - NA; seats by party - NA; Chamber of Representatives - percent of vote by party - NA; seats by party.

Judicial Branch

- Supreme Court (judges are appointed on the recommendation of the Supreme Council of the Judiciary, presided over by the monarch).

Elections
The King is hereditary. The Prime Minister is appointed by the monarch. In the Chamber of Counselors (Majlis al-Mustacharin) 270 members are elected by indirect vote to serve 9-year terms. In the Chamber of Representatives (Majlis al-Nuwab), 295 members are elected through a closed-list proportional representation system to serve 5-year terms and 30 members are reserved for women to serve 5-year terms. Members are elected indirectly by local councils, professional organizations, and labor syndicates. One-third of the members are renewed every three years. 295 members are elected in 95 multi-seat constituencies. The thirty reserved seats are from a national list of women.

Past Elections

- Parliamentary - September 7, 2007

- Parliamentary - September 27, 2002

Future Elections

- Parliamentary - September 2012

Courts
Minister of Justice- Mr. Mohamed Taieb Naciri

Morocco has a dual legal system consisting of secular courts based on French legal tradition, and courts based on Jewish and Islamic traditions. The secular system includes communal and district courts, courts of first instance, appellate courts, and a Supreme Court. The Supreme Court is divided into five chambers: criminal, correctional (civil) appeals, social, administrative, and constitutional. The Special Court of Justice may try officials on charges raised by a two-thirds majority of the full Majlis. There is also a military court for cases involving military personnel and occasionally matters pertaining to state security. The Supreme Council of the Judiciary regulates the judiciary and is presided over by the king. Judges are appointed on the advice of the council. Judges in the secular system are university-trained lawyers. Since 1965 only Moroccans may be appointed as judges, and Arabic is the official language of the courts.

There are 27 Sadad courts, which are courts of first instance for Muslim and Jewish personal law. Criminal and civil cases are heard, and cases with penalties exceeding a certain monetary amount may be appealed to regional courts. The Sadad courts are divided into Shari'ah; Rabbinical; Civil, Commercial, and Administrative sections; and a criminal section.

The Morocco’s Constitution claims that “The judicial authority is independent from the legislative power and the executive power”. Magistrates are appointed by Dahir on the proposal of the High Council of the Magistracy. Morocco has many courts that have different purposes and jurisdiction throughout the country.

Jurisdictions of the First Degree First Instance Court

They are competent for:

- All civil affairs and relevant to the personal or inheritance

- Commercial or social statute

- In a first or last instance or in appeal.

Trade Courts

They rule the following:

- Cases between tradesmen, involving commercial activities;

- Disputes between associates of a trade country;

- Cases related to trade effects;

- Disputes related to business

- Trade courts are competent to judge, on first and last instances, cases that do not exceed 9,000 Dirham (0.09$) in value and in the first instance all requests that exceed this value.

- Communal and District judges are competent to adjudicate all personal estate actions brought against individuals who reside under their jurisdiction. The value of claims must be less than 1000 Dirham (0,09 $).

Jurisdictions of the Second Degree: The Courts of Appeals

They try criminal cases, appeals against judgments passed by Tribunals of Original Jurisdiction and appeals against rulings made by the latter's presiding judges.

The Supreme Court

- Appeals for cassation of sentences without appeal decided by anyone of the kingdom's courts.

- Appeals for cancellation of the Prime Minister's decisions.

- Jurisdiction disputes arising among courts above which there is no high court other than the Supreme Court.

- Suits for bias filed against magistrates and courts with the exception of the Supreme Court.

- Proceedings aimed at judge disqualifying because of likelihood of bias.

- Disqualifying for reasons of public security or for the sake of a good administration of justice.

Administrative Courts

They are competent to make initial rulings

- On claims for cancellation of acts filed against administrative authorities;

- Disputes related to administrative contracts;

- Claims for compensation of prejudice caused by public entities' acts or activities;

- To set up the consistency of administrative acts with legal provisions.

Other Jurisdictions

The Special Court of Justice

They are competent for cases (corruption, embezzlement, etc) in which magistrates or Government officials are involved.

The High Court

It is competent for offences or crimes committed by government members during the discharge of their functions. They may be indicted by the two Houses of Parliament and referred to the High Court of Justice for trial.

The Standing Tribunal of the Armed Forces

It is competent for cases about:

- Unauthorized carrying of firearms;

- Offenses committed by soldiers.

The Audit Court

The Audit Court is responsible for conducting overall supervision of the implementation of the budget. It’s ensure the sound conduct of receipt and expenditure operations and evaluate the management of agencies placed under its control by law. When necessary, The Audit Court takes action against violation of the rules governing such operations. The Audit Court provides assistance to Parliament and the government in its fields of competence.

Punishment
The median prison population rate for Western African countries is 37 as opposed to 267 in Southern African countries. Table 1 shows the Prison Population for the countries in Africa. Morocco has a prison population of 54,542 dating back to 2004. The prison population rate is 175 per 100,000 of the national population. The death sentence in Morocco is still in existence. In the year 2010, Morocco imposed 4 death sentences. However, the authorities of Morocco have refrained from carrying out those death sentences. Morocco is considered an abolitionist country, where they retain the death penalty for ordinary crimes such as murder but can be considered abolitionist in practice in that they have not executed anyone during the past 10 years and are believed to have a policy or established practice of not carrying out executions. The criminal code provides for severe punishments for rape and other forms of sexual violence; however, due to the difficulties in establishing proof of rape and the taboos surrounding this issue, women tend not to report these crimes.

Prisons

The country of Morocco has 4 state prisons. The prisons are overcrowded with unhealthy conditions. These unhealthy conditions include, minimal hygiene, medical care is normally non-existent and disease is rife. Other problems of these prisons include overcrowding.T hey say the country's prisons house anything up to 80,000 detainees in a system designed for less than half that number. What makes the overcrowding worse is that, while some prisons are half-empty, in others the only place left to sleep for some prisoners are the toilets. Morocco has several prisons that house men facing terrorist charges. Two of those prisons are Zaki prison in Saleh and Oukasha prison in the port city of Casablanca.

Children's Rights

Of the 31.5 million inhabitants of Morocco, 37% are under the age of 18. The population of minors in Morocco is very large, therefore the rights for these children are very important. Since the ratification of the Convention on the Rights of the Child in 1993, Morocco has demonstrated keen interest in addressing problems related to the promotion and the protection of children’s rights.

Legal Personnel
Morocco is a constitutional, democratic and social monarchy. The King is the Supreme Representative of the Nation and the Symbol of the unity thereof. He is the guarantor of the perpetuation and the continuity of the State. As Defender of the Faith, he ensures the respect for the Constitution. He is the Protector of the rights and liberties of the citizens, social groups and organizations.

Law Enforcement
History

Morocco’s police force was established by the French colonial authorities and remains based on the French model. When Morocco’s long struggle for independence from France (and Spain) ended in 1956, however, the existing police force had virtually ceased to exist. The new government quickly created a police force by reconstituting what elements it could of the colonial police, cobbling them together with former guerilla units and using French advisors. . In May a government decree created the new force: the Surete Nationale, under Interior (and later Defense) Minister Muhammad Oufkir. He built this force into a centralized, powerful, independent, and often ruthless force. During the 1960s opposition to the government grew and in 1965 the government declared a state of emergency which lasted until 1970. After riots in Casablanca in 1965, the Surete was also reorganized as an autonomous organization, directly answerable to the king.33 After coup attempts in the early 1970s, the king strengthened the paramilitary Gendarmerie to balance the army’s power. Morocco’s police today are still based on the French model. Morocco has a number of different police organizations, with overlapping responsibilities, nearly all paramilitary in structure.

Branches

The Moroccan police, La Direction Générale de la Sûreté Nationale is the authoritative and main State police body of Morocco. The Sûreté Nationale is tasked with upholding the law and public order. It works alongside the Gendarmerie Royale.

- La Sûreté Nationale (National Police Force)

- La Gendarmerie Royale (Royal Military Police Force)

Police

The Groupes urbains de sécurité (GUS) or Urban Society Groups, is a defunct Moroccan special police unit which dealt with urban matters basing on "rapid intervention approach . GUS was established by the Direction Générale de la Sûreté Nationale (DGSN) (the main National police body) in October 17, 2005. The initiative lies within the scope of a general reform whose principle was "the Police force, near to you for your safety". As of October 2006, GUS comprised between 4,000 and 5,000 agents . The GUS are considered first-aid workers and all members speak English. They were attached to arrondissements. Because of its nature as an auxiliary police, GUS, for example did not have the right to confiscate driver licenses or to file official reports. GUS were equipped with Peugeot Partner vans and Honda motorcycles. The body was disbanded exactly one year later; in October 16, 2006. Before its disbanding, GUS comprised 6 groups. The action came as a result of the reforms which started to be executed within the national police and army bodies. The members of the GUS are to be redeployed to other police departments such as criminal investigation departments and judiciary police. While many Moroccans regarded the presence of GUS as a relief, many others considered it as a step back to the rule of the Makhzen (Elite). The disbanding came after many criticisms about excesses or abuses of power were noted. Some irresponsible actions of certain members of this police turned over the public opinion which became discreditory. GUS were also accused of corruption especially. In many cases, civil offenders used to pay a bribe (between 10 and 20 dirhams (Moroccan Currency. This led to the appearance of the popular nickname; "10 drahem".

Military

The Moroccan Royal Gendarmerie was founded in 1957 by late King Mohammed V. The legislation which founded the Royal Moroccan Gendarmerie describes it as a public force designed to guarantee public security and public order and the implementation of laws. This legislation text attaches the Gendarmerie to the Royal Moroccan Army, then constituting a military force in its structure, administration and command forms. It consists of officers, NCOs and privates. Although the Moroccan Royal Gendermerie is a military force it has also been tasked with policing duties throughout the country. The duties of The Royal Moroccan Gendarmerie are numerous and various in kind. However, the legislative body has given great importance to policing duties. The seventh Article of the founding text indicates that "The service aim of the Gendarmerie is to ensure especially administrative, judicial and military policing activities directly and to help to the competent authorizations with the envisaged laws". According to the legislative body, the three tasks the Royal Gendarmerie is tasked with are as follows:

1. To the National Defence Administration especially on the subjects of organisation equipment and military judicial policing ; To the Ministry of Justice for the implementation of judicial policing; and, To the Ministry of the Interior on the subject of Common Administration Policing.

2. The duties of the Royal Gendarmerie, in this field, have been determined by the code of Penal Trial Procedures of 1959. It performs all these duties under the administration of the royal prosecutor and control of the Court of Appeal. Duties consist of determination of the crime before the prosecution gathering the evidence, detection of perpetrators and bringing them before the authorized courts.

3. And executing the orders of the judges after the prosecution. The personnel of the Royal Gendarmerie participates in the implementation Judicial Policing. The Royal Gendarmerie who acts with the characteristics of being a judicial oriented police officer according to the Court of Penal Proceedings.

In order to perform various duties, the Royal Gendarmerie is organized as follows :

- Headquarter which conducts the classic duties of the organization;

- 22 Regional Gendarmeries; 64 Companies of Gendarmerie and 322 posts of Gendarmerie where they are deployed to divided small security areas. Today the Moroccan Royal Gendarmerie is commanded by a Lieutenant General. They are notorious for taking bribes to allow for the delivery of contraband, including gasoline smuggled in from Algeria and Hashish smuggled out through Tangiers.

Corruption

Morocco's Law Enforcement rates a 3.4 on the corruption list according to Transparency International.

Morocco has substantial problems with illegal migration, human smuggling, transnational terrorists, marijuana (hashish) production and trafficking, and commercial smuggling owing to its long and poorly controlled border, extensive coastline, and proximity to Europe. Smuggling of commercial products and trafficking in persons could ultimately provide revenue sources to terrorists. Due to these problems in Morocco, it is very difficult for the law enforcement agencies in the country to effectively combat crime. Morocco also consistently ranks among the world’s largest producers and exporters of cannabis. The value of this illegal trade is estimated at $13 billion per year. However, the United States has set goals for assisting Moroccan Law Enforcement and they have funded and set up programs.

United States Law Enforcement Goals - To further counterterrorism and security cooperation with Morocco and continue to promote the long-standing US-Morocco relationship.

- To support Morocco’s efforts to promote and sustain effective judicial reform.

United States Programs - U.S. funds are used to provide training, technical assistance, and equipment to improve border control detection techniques and security at Morocco’s main air and sea ports.

Based on the different military and law enforcement organizations in Morocco, the type of law enforcement taxonomy, according to Philip Reichel, would be Multiple Coordinated .The reason for Morocco to fall into this category is because it has many types of organizations of law enforcement that work together in dealing with crime, protection, security and other important duties necessary to the safety of the country.

Legal System
Morocco's legal system is a mixture of several from around the world. Morocco's legal system is a combination of both Muslim Law and Civil Law. Civil Law originates from Continental Europe and it consists of an actual written code. It is a rational (based on reason) code that is universal (applies to everyone).

Crime
Crime in Morocco is a serious concern, particularly in the major cities and tourist areas. Aggressive panhandling, pick-pocketing, purse-snatching, theft from occupied vehicles stopped in traffic and harassment of women are the most frequently reported crimes. Criminals have used weapons, primarily knives, during some street robberies and burglaries. These have occurred at any time of day and night, not only in isolated places or areas less frequented by visitors, but in crowded areas as well. Residential break-ins also occur and have on occasion turned violent, but most criminals look for opportunities based on stealth rather than confrontation. Fraud in Morocco may involve a wide range of situations from financial fraud to relationship fraud for the purpose of obtaining a visa.

Drugs

The most occurring crime in Morocco is the use of drugs. This includes a large amount of drugs being trafficked. The main illicit drug that is being trafficked through Morocco is cannabis (form of marijuana). Over 65% of the cannabis seized in Europe was of Moroccan origin. As evident from the data here, marijuana or cannabis is the most common drug used and trafficked throughout Morocco and it finds its way into Europe and other parts of Africa. Other drugs such as heroine and morphine are common, but at a much lower rate. Only 3.971 kilograms of heroine was seized by Moroccan officials in 2001.

Crime Rates

At the end of the 2010 year Morocco had accounted for 283,702 total crimes. The most typical crimes in Morocco are assaults and drug offenses. The most common form of crime in Morocco is assaults numbering at 46,341 in 2010. In 2010 there were 199 manslaughter's and 143 murders, with only 1 with a firearm. Theft is another important issue in Morocco with the number of car thefts at 1,523. Crime is a very large problem in Morocco especially with a relatively small police force numbering at 41,977 officers. The homicide rate in Morocco however, is much smaller. In 2004 according to an international survey conducted by the United Nations reports that there were less than 10 homicides per 100,000 inhabitants.

Rights
Citizenship of Morocco was dated on September 5, 1958. The citizenship of Morocco is governed by the code of Moroccan Nationality, which is the identifying term for citizens. There are multiple requirements for a person to be considered a citizen of Morocco.

1. By Birth- Birth within the territory of Morocco does not automatically confer citizenship.

2. By Descent- Child of a Moroccan father, regardless of the child’s country of birth. Child of a Moroccan mother and an unknown or stateless father, regardless of the child's country of birth.

3. Marriage- A foreign woman who marries a Moroccan citizen can become a Moroccan citizen by declaration after two years residency and marriage.

4. By Naturalization- Moroccan citizenship may be acquired upon fulfillment of the following conditions: Person has continually resided in the country for five years and is of full age. Citizenship must be approved by Cabinet decree.

Morocco does recognize dual citizenship. However, there are exceptions. Moroccan law recognizes dual citizenship, but permission must be granted by the government before a second citizenship is acquired. Dual citizenship by default is not recognized.

As many countries, a person can lose their citizenship. There are two ways in which a person can lose their citizenship.

1. Voluntary- Voluntary renunciation of Moroccan citizenship is permitted by law. Renunciation is not automatic and must be approved by the Ministry of Justice. Contact the Embassy for details and required paperwork.

2. Involuntary- The following are grounds for involuntary loss of Moroccan citizenship (unless the government has previously permitted the activity):

- Person voluntarily acquires a foreign citizenship.

- Moroccan woman marries a foreign national and acquires the husband's citizenship.

- Person serves in the military or public employment of a foreign state and refuses the Moroccan government's demand that they resign.

Family Law
The following laws regarding marriage in Morocco are described in the Moudawana(Moroccan Family Law).

Marriage

Marriage is a legal contract by which a man and a woman mutually consent to unite in a common and enduring conjugal life. Its purpose is fidelity, virtue and the creation of a stable family, under the supervision of both spouses according to the provisions of this Moudawana. The following articles of the Moudawana break down the different smaller provisions of marriage in Morocco for those who have established residency in the country, not those living abroad:

Article 10

1. Marriage is legally concluded by an offer expressed by one of the parties and acceptance by the other, in any accepted expression from which the meaning of marriage is inferred verbally or conventionally.

2. Persons unable to speak may legally write their consent if they are literate, and if they cannot write, any clear sign understood by the other party and the witnesses is legally sufficient.

Article 11

To be valid, the offer and acceptance must be:

1. expressed verbally whenever possible; otherwise, they must be written; or else expressed by means of an unequivocal sign;

2. congruent and concurrent;

3. irrevocable and not restricted by a condition or a suspensive or nullifying deadline.

Article 12

Any marriage contract concluded under duress or by fraud is subject to the provisions of Articles 63 and 66 below. Articles 63 and 66 explain that if a marriage contract is concluded under duress or by fraud, the violating party may face penal sanctions.

Article 13

The conditions required to contract marriage are:

1- The legal capacity of both spouses to marry;

2- No intention or agreement to cancel the dowry;

3- A marital tutor, if required;

4- The hearing and notarized statement by two adouls (public notaries) of the offer and acceptance pronounced by the two spouses;

5- The absence of any legal impediments.

Engagement

Engagement is the reciprocal promise of marriage between a man and a woman. Engagement takes place through the expression by the two parties of a reciprocal promise to marry by any accepted means, including the reading of the Sura of Al Fatiha from the Holy Koran and the customary exchange of presents. The two parties are considered to be in an engagement period until the marriage is officially registered. Each party has the right to break off the engagement. No compensation is due for breaking off the engagement. However, if one of the parties causes any harm to the other, the injured party may ask for compensation from the other. Either party may recover the presents he or she offered to the other provided that the breaking off of the engagement was not his or her decision. Presents are returned in the state in which they were initially offered or reimbursed according to their value, depending on the circumstances. If the engaged man pays the dowry or part of it and the engagement is broken off, or if one of the parties dies during the engagement period, he or his inheritors recovers what the latter initially offered in its original state, something comparable, or something of equivalent value. If the engaged woman refuses to reimburse the money with which she bought furniture, the person responsible for breaking off the engagement assumes the loss between the value of the furniture and the amount of money initially paid.

Divorce

Article 94

If either or both spouses ask the court to settle a dispute that risks to breakdown their marriage, the court must make all efforts to reconcile them according to the provisions of preceding Article 82.

Article 95

The two arbitrators or two persons that can assume this role shall investigate the causes of the dispute between the spouses and do their best to resolve the conflict. If the two arbitrators reconcile the two spouses, they shall write a report, make three copies of it, signed by them as well as the spouses, and submit the three copies to the court, which remits a copy to each spouse and files one in the record, and certifies it.

Article 96

When the two arbitrators disagree on the content of the report or in the attribution of responsibility, or do not submit the report within the requisite deadline, the court may conduct an additional investigation by all means it judges appropriate.

Article 97

In the event reconciliation is impossible to reach, and the conflict between the spouses persists, the court shall make written mention of this in an official report of the proceedings, and grant the divorce as well as fix the vested rights to be paid according to preceding Articles 83, 84 and 85, taking into account each spouse's responsibility for the cause of the separation when considering measures it will order the responsible party to take in favour of the other spouse.

The irreconcilable differences suit shall be settled within a deadline not to exceed six months from the date the petition was filed.

Inheritance

According to the Maliki Muslim laws as interpreted in Morocco, sisters inherit less than half of their brothers' share of inheritance. If there is no male heir, the daughter still does not get the full inheritance, and part of her parents' estate goes to her uncles and aunts. The only changes regarding inheritance in the 2004 revision of the CSP concern the rights of the children of a deceased mother to inherit from the maternal grandparents in the same way as children of a deceased father. Laws that forbid a non-Muslim Moroccan wife from inheriting from her Muslim husband remain intact. Discrimination against women in matters of inheritance is exacerbated by cases in which women, particularly rural women, are excluded from receiving their inheritance altogether. The government has not addressed this issue, and the access of rural women to their rightly deserved land and credit continues to be restricted. .

Rights of Juveniles

Human Rights
Voting

In December of 2002, King Mohammed VI announced that the voting age of citizens will be lowered from 20 to 18. September's parliamentary elections saw a record low turnout of just 52% and the rise of the Islamist Justice and Development Party (PJD). The PJD gained 42 seats to become the third largest party in parliament but it was left out of the new coalition government. Women have the right to take part in elections, which in Morocco are based on a multiparty system. However, all women are not freely able to exercise their right to vote and participate in fair elections, as some candidates exploit the poverty and illiteracy of the poorest women to buy their votes. Government authorities are also known to intervene and direct the voting process, especially in rural and semi-urban areas; nevertheless, these practices, which were widespread in the past, are on the decline.

Women's Rights

According to Morocco's 2004 landmark family law, a hotly disputed reform to empower women, cast off their vulnerability and set a trend in Muslim North Africa, was passed and backed by King Mohamed VI. The 2004 reforms gave women the right to divorce their husbands and to own assets and property obtained during marriage, and clamped down sharply on a man's ability to repudiate his wife. However, there are still areas that women wish to improve in, the marriage of minors and the practice of polygamy, which are still allowed under a judge's discretion in this country of 34.3 million where an estimated 31 percent of the population is under 14. Today, 10 percent of all marriages in Morocco involve minors. Women's custody rights under the new family laws guarantee that a Moroccan mother no longer automatically loses her custody rights if she remarries or moves to a town other than the town where her husband resides. However, a mother may still lose custody of her children over the age of seven if she remarries and her husband requests custody; she may obtain legal guardianship of her minor children only in cases in which the father is deceased or legally incompetent. According to the Maliki Muslim laws as interpreted in Morocco, sisters inherit less than half of their brothers' share of inheritance. If there is no male heir, the daughter still does not get the full inheritance, and part of her parents' estate goes to her uncles and aunts. Moroccan women have made significant progress in the field of labor, and the overall quality of women's employment has improved. More women are in wage-earning positions (24.7 percent of women report being at the level of paid employment), the number of women in managerial positions has increased, and a larger proportion of women in the workforce have an advanced degree or diploma. However, while women wage-earners in urban areas are significantly better educated than men, women still tend to work in occupations that lack status, such as family helpers, home workers, or cleaning staff. The social protection system, associated with the formal sector, excludes most women workers in these types of jobs.

title: Comparative law and justice/Morocco


text:
Comparative law and justice/Indonesia

Part of the Comparative law and justice Wikiversity Project

Basic Information

Indonesia is part of Southern Asia. It is an island located between the Indian and the Pacific Ocean.The area of Indonesia is about 1,904,569 sq km. 1,811,569 sq km is land and the rest is water. If you want to compare that to a state in the United States it would be a little less than three times the size of Texas. It is made up of around 17,00 Islands. Indonesia is a neighboring country to Timor-Leste, Malaysia, Papua New Guinea. The climate is tropical with very humid, hot weather. One major city is Jakarta, which is also Indonesia's capital. The population here is 9.121 million people. The population of Indonesia is 242,968,342 people; 28.1% are between the ages of of 0-14, 66% between the ages of 15-64, and only 6% over 65 years old. Indonesia is a very diverse area. They have eight main ethnic groups. Javanese makes up 40.6% of Indonesia's population. The Sundanese makes up 15%, the Madurese makes up 3.3% of the population, the Minangkabau makes up 2.7% of the population, the Betawi makes up 2.4%, the Bugis make up 2.4%,the Banten only make up 2%,the Banjar make up 1.7%,while the left over 29.9% of the population's ethic background is categorized as other or unspecified. The main language spoken in Indonesia is Bahasa Indonesia. This is the country's official language. other languages that are spoken here are English, Dutch and Javanese. Indonesia has four main religions. This is made up of 86.1% Muslim, 5.7% Protestant, 3% Roman Catholic, and 1.8% Hindu The last 3.4% of the population is considered other or unspecified. Some key industries that Indonesia has are petroleum and natural gas, textiles, apparel, footwear, mining, cement, chemical fertilizers, plywood, rubber, food. Their key agriculture is rice, cassava (tapioca), peanuts, rubber, cocoa, coffee, palm oil, copra; poultry, beef, pork, eggs. Some things that Indonesia exports are oil and gas, electrical appliances, plywood, textiles, rubber  imports- machinery and equipment, chemicals, fuels, food products.

Brief History
Between 1942 and 1945 Indonesia was ruled by Japan, but was first colonized by the Dutch. Indonesia declared it's independence on August 17th of 1945 The first people that lived in Indonesia were the ancestors of the Malays, Javanese and other Malayo-Polynesian groups and still today these people make up most of Indonesia.

Economic Development, Health, and Education
Life expectancy in Indonesia is pretty similar between males and females. Males average life expectancy is 73.69 years and for females it is 68.53 years. The infant mortality here is 28.94 deaths per 1,000 live births. Most people in Indonesia have an average education level of thirteen years in school. This is the same for males and females. The literacy rate for males is higher than females. 94% of males can read while only 86.8% of females. Indonesia's economic development is 1.033 trillion GDP. The GDP per capita is $4,300. The highest 10% of the populations income is 32.3% of the income, while the lowest 10% of population's income is only 3%.

Governance
Indonesia Constitution The president is elected by a majority vote. When they are elected into office, this is for a five year period. After those five years are up the president is able to be reelected if he chooses he wants to be. In order to become a president you must be an native born in Indonesia.

Judicial Review
The supreme court in Indonesia is the final court to look things over. this court is called the Mahkamah Agung and has no power of the judicial review. Once they make a decision it is final. The constitutional court does have power for judicial review.

Courts and Criminal Law
Indonesia has 8 main types of courts. These types of courts are general, industrial relation dispute courts, fishery, religion, state administrative, military, tax and constitutional. Most disputes appear before general court. Industrial relation dispute courts take care of settling disputes that have to deal with employment. the fishery court is similar to the industrial relation dispute court but it deals with subjects that are more serious. The state administrative court is designed to challenge the public administrative. The military court is used when crimes are done by a soldier or someone in the military. when their is a problem between a tax payer and a taxing authority the tax court jumps in to fix it. Lastly the constitutional court deals with constitutional problems and their decisions can not be appealed. The law in Indonesia is that there is an assumption of innocence until you are proven guilty. When it comes to the courts thought they are not one hundred percent honest. Sometimes they take bribes in order for the grant of bail. In Indonesia advocates are the same as our lawyers in the United States. Usually they are private practiced. They do have to go through legal training though. Foreign lawyers are not allowed to come to Indonesia and practice their law. even though this is said, many foreign lawyers do practice law in Indonesia Indonesia has a republican type of government. Like the United States they have three main branches; the judicial branch, the legislative branch and the executive branch. Indonesia does have a constitution that was established in august of 1945 after they declared independence. This constitution had had many amendments up until 2002.

Punishment
Only one part of Indonesia uses corporal punishment. This is in the Aceh Province. This punishment does not apply to anyone of Christian religion. It usually happens in front of a Mosque. Corporal punishment is allowed to men and women but is not allowed for juveniles. The kind of corporal punishment is canning, which leaves bruises and welts on the persons body. Corporal punishment is usually used to punish people for gambling or alcohol use. This is not seen often but it is still around. A juvenile in Indonesia is considered anyone under the age of 18. From January until May of 2003 approximately 4,325 juveniles were held in jail throughout Indonesia and about 84% of them were in adult prisons. When it comes to juveniles the judge has three options. The first is that the judge can choose to send the juvenile back to his parents without any punishment. The judge can also choose to send the child to a government institution but not punish them. Last the judge can consider the juvenile guilty and punish them. These juveniles may be punished by some sort of fine, being put in jail or a detention facility, or some kind of supervision. The prison conditions in Indonesia are dirty and very overpopulated. There is poor health care while in prison and maybe people suffer from HIV.

Law Enforcement
Indonesia fits into the taxonomy of types of police structure as a decentralized multiple coordinated structure. This means that there are many local forces not just one main force. The military and the police used to work together, but since 1999 the police and the armed forces are now separate. 3% of the GDP in Indonesia join their military. The requirements to join are that you have to be 18 years old. You also have to be active for two years and in the reserve until you are 45 years old. The police officials in Indonesia are very close to the community. their mission is to keep the people safe and have a bond with them. The people of Indonesia respect the police officers and help them out whenever possible. There is some corruption in Indonesia. when asked in 2010, 45% of police officials have admitted to accepting some kind of bribe.

Crime Rates and Public Opinion
Many crimes in Indonesia go unreported, but Indonesia's crime rate is rising due to increasing urbanization. So while looking at crime rates they tend to be lower than the actual crime that is going on there. Some of this could be blames by the poor law enforcement they have. Indonesia crime is considerably high in area of tourism. These crimes are not huge crimes more along the lines of credit card fraud or pickpocketing. Robbery is also a crime that tends to occur in Indonesia. The intentional homicide rate per 100,000 for Indonesia is 8.9. In comparison to the United States we are at about 5.6 In 2002, Indonesia found that around 49,500 prostitutes were under the age of 18.

Family Law
Under the Marriage Laws of Indonesia a marriage is not official unless the female is over the age of 16 and the male is over the age of 19. Even if they are over this age but under 21 they must have parents consent in order for a marriage to be recognized. If you get divorced in Indonesia and you are a female you must wait 100 days before you are able to remarry. Also in Indonesia all marriages must be performed in a religious ceremony before they are recognized by the Civil Register Office. Polygamy is allowed in Indonesia under religions that support it as long as you have permission by your wife and judicial permission. You also have to be financially able to support more than one family, and you must treat both wives and children equally. A divorce may happen by either partner in Indonesia, but only if the other partner has committed adultery, Alcoholism, addiction to drugs, a gambling problem, or cannot support the family. Inheritance in Indonesia is usually male dominant. Most inheritance goes to children or the spouse of the deceased. Regarding adoption in Indonesia the adoptive child must be of the same religion of the adoptive parent. If the religion of the child is not known then they are considered to be Muslim. For people in the United States it is pretty difficult to adopt a child from Indonesia. There is a pretty strict adoption law that is followed. Couple from the US trying to adopt must actually live in Indonesia for two years and also be between the ages of 30 and 45. There are also requirements that say the couple must be married for five years. They can have an adopted Indonesian baby or if they already have children the mother must not be able to have anymore. The adoptive parents must also believe in God and appear at a court hearing. The child that is being adopted must be under five years of age and the child must be in company of a welfare program.

Human Rights
In Indonesia there is a right to freedom of religion. Recently in Indonesia the freedom of minority religious groups has not been protected by the government or the police, and recently around 114 people have been arrested because of their views. Also in Indonesia people have human rights. This states that all people have a right to life and freedom of torture or bad treatment. These human rights sometimes are violated by the police officers. Examples of this are use of unnecessary firearms, torture or inhuman treatment or punishment, and lack of protection against minority groups.

title: Comparative law and justice/Indonesia


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