Field Train Students, CSOs & Officials in Morocco

The last three hours of the evening on December 28, 2023, witnessed an exceptional event as the Sofitel Hotel hosted the grand closing ceremony of the project "Promoting Civil Society-University Engagement."

The High Atlas Foundation (HAF) executed this project through tremendous efforts in collaboration with Cadi Ayyad University and the Legal Clinic for Studies and Research at the Faculty of Legal, Economic, and Social Sciences in Marrakech, funded by the National Endowment for Democracy.

The event honored distinguished participants amidst the presence of high-profile figures, including the President of Cadi Ayyad University, the Dean of the Faculty of Legal, Economic, and Social Sciences, the Director of the Legal Clinic for Studies and Research, representatives of HAF and prominent figures from civil society.

The day they have marked a historical moment reaffirming the role of universities and civil society in building a collaborative and interactive community.

The project's journey was filled with achievements, aiming to stimulate collaboration between civil society and universities, focusing on promoting community service learning and enhancing the participation of civil society institutions.

These institutions played a pivotal role in launching initiatives that reflected the importance of the university's openness to civil society and engagement in projects contributing to local and societal development. The project targeted over 30 community organizations, including those focusing on supporting individuals with disabilities, and trained 67 students from the legal clinic.

The project stood out by activating the technical capacities of civil society organizations through a training of trainers program. Training days were conducted for more than 30 civil society organizations, covering topics such as training engineering, strategic planning, financial and administrative organization, advocacy strategy, and association participation in public policies.

The goal was to achieve and implement advocacy and community awareness initiatives, promoting a partnership model between the university and civil society organizations in the Marrakech-Safi region.

After over two years since the project's inception, the law clinic students successfully provided over 200 legal consultations to marginalized groups. They conducted field visits in vulnerable and mountainous areas in the Marrakech-Safi region, activating 10 mobile legal clinics.

This achievement reflects the effective testing of students, who were able to translate their legal knowledge into practical application in the field. This collective effort demonstrates the students' competence in converting their acquired knowledge into tangible legal support and actively contributing through volunteering, aligning with a comprehensive humanitarian concept.

Five (5) self-empowerment workshops were activated during the project period through the "Imagine" program, integrating legal and rights components to encourage more female participation.

These empowerment initiatives saw participation from 117 individuals, 92 females and 25 males. The workshops allowed participants to exchange ideas and develop strategies for positive change in a safe and supportive learning environment.

The program emphasizes social stability, emotional intelligence, acceptance of diversity, and creative thinking. These workshops are not just training events but interactive experiences that encourage idea exchange and strategy development for positive societal change.

As a complement to the project, the "Citizenship 101" (MOWATANA101) initiative was launched—an interactive initiative that extended over two months. It involved three-hour weekly sessions, bringing together a selection of civil actors, community leaders, and student researchers.

The "Citizenship 101" (MOWATANA101) initiative provided opportunities for networking, exchanging experiences, and understanding the basics of citizenship and civil participation. It gathered a group of civil actors, community leaders, and student researchers through seven (7) social meetings and training courses on Zoom.

These meetings aimed to enhance a culture of collaborative approach, including advocacy strategies, lobbying, networking, and contributing to the planning and monitoring of local policies, highlighting the importance of public consultation in building open societies.

The academic celebration concluded with the presentation of graduation certificates to the law clinic students and participation certificates in the training of trainers program. Musical performances by the Talented Ensemble added an expressive touch, embodying joy and achievement in this pivotal moment.

In conclusion, the project was not just an initiative but also a transformative journey, bringing positive change to the lives of many individuals. This successful experience highlighted the essential roles of the university and civil society as key contributors to building a society based on collaboration and fruitful interaction.

In line with its objectives, the High Atlas Foundation, in partnership with the Legal Clinic at the Faculty of Law, Economics, and Social Sciences in Marrakech, and in collaboration with our partners CSOs, the International Academy for Training and Support, organized an interactive meeting as part of the project to Promoting Civil Society University Engagement funded by the National Endowment for Democracy. This meeting took place on Sunday, September 3, 2023, at the Dar Al-Jamaiat in the New District of Sidi Youssef Ben Ali.

The Mobile Legal Clinic provided a new opportunity to bring legal assistance closer to vulnerable groups by visiting various locations in the Marrakech-Safi region. The event in Sidi Youssef Ben Ali was attended by various groups seeking free legal consultations, which aimed to promote legal awareness, knowledge of rights, and responsibilities within the community. The meeting primarily focused on addressing the real estate fragmentation issue, particularly the "Bustan Al Wahat in Sidi Yousef Ben Ali," along with various legal aspects. Law students from different specialties participated in the event.

In the field of insurance, presented by student Yassine , the topic was addressed by listening to the residents' concerns and raising several questions. These questions were answered within the session, especially those related to vehicle insurance, including property insurance. The legal consultations covered topics such as how to activate the contract and the extent of insurance coverage. The key question revolved around insurance coverage during accidents or similar situations.

In the field of real estate, students Mohammed , Ayoub , and Jmahri tackled an issue of utmost importance related to real estate and its challenges. As known to all, real estate concerns people before their birth, during their lives, and after their passing. Real estate plays a pivotal role as it is the cornerstone of the transition to property.

This initiative deserves broader implementation in the future as the community faces a complex legal and practical problem. The victims numbered around 300 individuals who purchased apartments in Bustan Al Wahat in Sidi Youssef Ben Ali. Each case is unique given the varied circumstances of each beneficiary. Law students from the Legal Clinic specializing in real estate helped to establish a legal framework for the beneficiaries regarding their rights and responsibilities.

The core issue revolves around the non-delivery of apartments to the beneficiaries. The meeting began with an open discussion involving the beneficiaries, relevant stakeholders, and those with vested interests in diagnosing the problem, understanding its development stages, and defining the legal aspects. It started by highlighting the legal foundations, including Law 107.12 regulating properties under construction and other related texts, such as Laws 25.90 and 12.90 governing development and property divisions, as well as the Property Rights Code. It's noteworthy that since June 2011, customary contracts in real estate have been eliminated, and only authorized entities, including notaries, agents, and lawyers allowed to appear before the Court of Cassation, can draft contracts. Various other conditions were detailed in Article 4 of the same Code.

Additionally, the contracts that bind property developers and beneficiaries must include a set of legal conditions outlined in the specifications outlined in Law 107.12, which regulates properties under construction. The issue of changing the legal status of the property by the developer and its impact on the rights of consumers was also discussed. Various questions were posed by the community, especially considering the large number of beneficiaries, approximately 300 individuals. The concern lies in the relationship that ties them to the property developer.

        Some of the legal questions raised were as follows:

• Is it legal to demand expenses related to the file from the property developer?
• Is the beneficiary or property buyer obliged to pay the syndicate fees proposed by the property developer, and can they compel another beneficiary to resort to a specific notary?
• Is the right of withdrawal possible, and can it be done after the completion of the work?
• What protection does the customary contract offer?
• What legal procedures can be employed to protect the property rights of beneficiaries?
• What types of compensation can be claimed for delivery delays?
• What is meant by a precautionary constraint, and what are its risks?
• Can one beneficiary transfer their rights to another party, and how can this be done?
• Is the contract concluded between the property developer and the beneficiaries legally valid?
• Can the property developer send the funds paid by the beneficiary through a judicial representative?
• Does the report prepared by the beneficiaries with the property developer have any protective power, and what are its limits?
• Can the terms of the specifications be amended during the sale of the property under construction?

The meeting addressed the issue of property fragmentation that has not yet been delivered to the beneficiaries. It's worth noting that the issue of the properties in Bustan Al Wahat in Sidi Youssef Ben Ali is currently under discussion with several responsible authorities for urban development and housing, including a representative of the local authorities.

Regarding the legal status of these restrictions in the land registry, it was explained that property rights remain subject to the outcome of these precautionary constraints. The flexibility to act on the property is present as long as the precautionary constraint registered in the land registry remains unresolved. The power of this precautionary constraint lies in the fact that at any moment, the beneficiary could face a judicial ruling to evacuate the property since the holder of the constraint is the owner of the property and all its contents, even retroactively.

The meeting saw enthusiastic communication with the beneficiaries and the provision of answers to all raised questions, along with detailed explanations and potential solutions. Several recommendations were made, such as proposing the resolution of disputes through arbitration. Other recommendations included contacting various official bodies, such as the main representative of the Ministry of Housing and Urban Development or one of its deputies, monitoring the developments of the case that concerns the community within the Department of Urban Planning in the Marrakech Safi region, communicating with the beneficiaries regarding any developments in their case. The meeting also advised avoiding recourse to the judiciary.