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

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

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

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

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

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

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

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

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

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

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

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

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

Each president of the United States enters office thinking he will be able to define the agenda and set the course of America's relations with the rest of the world. And, almost invariably, each confronts crises that are thrust upon him-wars, revolutions, genocides, and deadly confrontations. Neither Woodrow Wilson nor FDR imagined having to plunge America into world war. Truman had to act quickly, and with little preparation, to confront the menace of Soviet expansion at war's end. JFK, for all his readiness to "bear any burden" in the struggle for freedom, did not expect his struggle to contain Soviet imperial ambitions would come so close to the brink of nuclear annihilation. Nixon was tested by a surprise war in the Middle East. Carter's presidency was consumed by the Shah's unraveling and the Iranian revolution. George H.W. Bush rose to the challenge of communism's collapse and Saddam Hussein's invasion of Kuwait. Clinton squandered the opportunity to stop a genocide in Rwanda and waited tragically too long before stopping one in Bosnia. George W. Bush mobilized the country to strike back after September 11, but, in the view of many, he put most of his chips in the wrong war.

In the eye of the historical storm, and in the absence of a challenge as immediate and overpowering as September 11, Pearl Harbor, or the Nazis' march across Europe, it is risky to identify any set of world events as game-changing. Yet that is what many analysts, including myself, believe the Arab revolutions of 2011 are. And a surprising number of specialists-including hard-eyed realists like Fareed Zakaria-have seized upon the crisis in Libya as a defining moment not just for the United States in the region but for the foreign policy presidency of Barack Obama as well.

To date, one could say that Obama has had a surprisingly good run for a foreign policy neophyte. He has revived the momentum for arms control with a new START treaty with Russia, while pressing the issue of human rights within Russia. He has managed the meteoric rise of China decently, while improving relations with India. He has not cut and run from Iraq-as most Republicans were convinced he would. And he has ramped up but at least set limits to our involvement in Afghanistan. As the Arab revolutions have gathered momentum, he has increasingly positioned the United States on the side of democratic change. His statements and actions have not gone as far as democracy promotion advocates (like myself) would have preferred, but they have overridden cautionary warnings of the foreign policy establishment in the State Department, the Pentagon, think tanks, and so on. Without Obama's artful choreography of public statements and private messages and pressures, Hosni Mubarak might still be in power today.

All of this, however, may appear in time only a prelude to the fateful choice that Obama will soon have to make-and, one fears, is already making by default in a tragically wrong way-in Libya. Why is Libya-with its six million people and its significant but still modest share of global oil exports-so important? Why must the fight against Muammar Qaddafi-a crazy and vicious dictator, but by now, in his capacity for global mischief, a largely defanged one-be our fight?

When presidents are tested by crisis, the world draws their measure, and the impressions formed can have big consequences down the road. After watching Jimmy Carter's weak and vacillating posture on Iran, the Soviets figured he'd sit on the sidelines if they invaded and swallowed Afghanistan. They misjudged, but Afghanistan and the world are still paying the price for that misperception. In the face of mixed messages and a long, cynical game of balance-of-power, Saddam too, misjudged that he could get away with swallowing up Kuwait in 1991. When the United States did not prepare for war as naked aggression swept across Asia and Europe, the Japanese thought a quick strike could disable and knock out the slumbering American giant across the Pacific. When Slobodan Milosevic and his Bosnian Serb allies launched their war of "ethnic cleansing," while "the West"-which is always to say, first and foremost, the United States-wrung its hands, many tens of thousands of innocent people were murdered and raped before President Bill Clinton finally found the resolve to mix air power and diplomacy to bring the genocidal violence to a halt.

If Muammar Qaddafi succeeds in crushing the Libyan revolt, as he is well on his way to doing, the U.S. foreign policy establishment will heave a sad sigh of regret and say, in essence, "That's the nasty business of world politics." In other words: nasty, but not our business. And so: not their blood on our hands. But, when we have encouraged them to stand up for their freedom, and when they have asked for our very limited help, it becomes our business. On February 23, President Obama said: "The United States ... strongly supports the universal rights of the Libyan people. That includes the rights of peaceful assembly, free speech, and the ability of the Libyan people to determine their own destiny. These are human rights. They are not negotiable. ... And they cannot be denied through violence or suppression." Yet denying them through murderous violence and merciless suppression-with a massacre of semi-genocidal proportions likely waiting as the end game in Benghazi-is exactly what Qaddafi is in the process of doing.

Barack Obama has bluntly declared that Qaddafi must go. The Libyan resistance, based in Benghazi, has appealed urgently for the imposition of a no-fly zone. Incredibly, the Arab League has endorsed the call, as has the Gulf Cooperation Council. France has recognized the rebel provisional government based in Benghazi as Libya's legitimate government-while Obama studies this all. Can anyone remember a time when France and the Arab League were ahead of the United States on a question of defending freedom fighters?

There is much more that can be done beyond imposing a no-fly zone. No one in their right mind is calling for putting American boots on the ground in Libya. But we can jam Qaddafi's communications. We can, and urgently should, get humanitarian supplies and communications equipment, including satellite modems for connection to the Internet, to the rebels in Benghazi, where they can be supplied by sea. And we should find a way to get them arms as well. Benghazi is not a minor desert town. It is Libya's second largest city, a major industrial and commercial hub, and a significant port. Through it, a revolt can be supplied. If Benghazi falls to Qaddafi, it will fall hard and bloodily, and the thud will be heard throughout the world.

Time may be running out. As the Los Angeles Times reported yesterday, "All that stands between Kadafi and rebel headquarters in Benghazi are disorganized volunteers and army defectors spread thinly along the coastal highway." They have passion and courage, but they lack weaponry, strategy, and training. Like so many rebel movements, they need time to pull these all together. Time is what a no-fly zone and an emergency supply line can buy them.

Libya's rebels are pleading for our help. "Where is America?" asked one of them, quoted in the L.A. Times, who was manning a checkpoint in Port Brega. "All they do is talk, talk, talk. They need to get rid of these planes killing Libyan people." The "they" he was referring to was the Americans, beginning with their leader-one would hope, still the leader of the "free world"-President Obama.

Many prudent reasons have been offered for doing nothing. It is not our fight. They might lose anyway. We don't know who these rebels really are. We have too many other commitments. And so on. The cautions sound reasonable, except that we have heard them all before. Think Mostar and Srebrenica. And we had a lot of commitments in World War II as well, when we could have and should have bombed the industrial infrastructure of the Holocaust. As for the possibility that the rebels might lose-a prospect that is a possibility if we aid them and a near certainty if we do not-which would be the greater ignominy: To have given Libya's rebels the support they asked for while they failed, or to have stood by and done absolutely nothing except talk while they were mowed down in the face of meek American protests that the Qaddafi's violence is "unacceptable"?

Oh yes. There is also the danger that China will veto a U.N. Security Council Resolution calling for a no-fly zone. Part of us should hope they do. Let the rising superpower-more cynical than the reigning one ever was-feel the first hot flash of hatred by Arabs feeling betrayed. Go ahead, make our day.

Presidents do not get elected to make easy decisions, and they certainly never become great doing so. They do not get credit just because they go along with what the diplomatic and military establishments tell them are the "wise and prudent" thing to do. This is not Hungary in 1956. There is no one standing behind Qaddafi-not the Soviet Union then, not the Arab League now, not even the entirety of his own army. That is why he must recruit mercenaries to save him. Qaddafi is the kind of neighborhood bully that Slobodan Milosevic was. And he must be met by the same kind of principled power. For America to do less than that now-less than the minimum that the Libyan rebels and the Arab neighbors are requesting-would be to shrink into global vacillation and ultimately irrelevance. If Barack Obama cannot face down a modest thug who is hated by most of his own people and by every neighboring government, who can he confront anywhere?

For the United States-and for Barack Obama-there is much more at stake in Libya than the fate of one more Arab state, or even the entire region. And the clock is ticking.

On February 25 and 26, the Center on Democracy, Development, and the Rule of Law at Stanford University, in partnership with the Canadian Department of Foreign Affairs and International Trade, hosted a symposium titled, "Addressing the Accountability Gap in Statebuilding: The Case of Afghanistan." This event brought together leading experts, government officials, diplomats, practitioners, and academics to examine the problems of accountability, corruption, and election fraud that have risen in the wake of international statebuilding efforts in Afghanistan.

This unique forum allowed participants-both Afghan actors and members of the international community- who are heavily involved in building the institutions of the Afghan state, to participate in an honest exchange with their peers to surface challenges and generate recommendations to improve the practice of statebuilding moving forward. 

Panels were designed around the following questions: how to establish accountability in statebuilding, address electoral fraud evidenced in 2009 and 2010, manage powerbrokers who monopolize informal governance networks, coordinate anti-corruption efforts, and develop a political strategy for Afghanistan's future. What surfaced throughout these presentations and discussion was the issue of the "double compact" in Afghanistan-the failure of Afghans to self-govern and the failure of the international community to construct the institutions of a functioning state.

Participants proposed a new framework for governance that adopts a more participatory approach with the international community, Afghan government, and the public as equal partners in statebuilding endeavors. While challenges emerged there were also a number of key recommendations and strategies proposed  that can be pioneered by this influential group of policymakers and practitioners to ease the transition of responsibility to the Afghan government in 2014.  

The keynote address was delivered by former Afghan Minster of Finance and 2009 presidential candidate Dr. Ashraf Ghani, to an audience of more than 100 students and members of the local community. Dr. Ghani provided an honest and pragmatic account of the parallel and conflicting systems driven by the international community, which have given rise to systemic failure and corruption in Afghanistan.

"We are dealing with a crooked playing field," Dr. Ghani said recognizing that both the Afghan and international community were jointly responsible for this outcome. "When the field itself is crooked the nature of reform and change that we must initiate are very different. "

Dr. Ghani spent considerable time discussing the outsourcing of development to Washington-based firms that manage million dollar contracts and outsource technical work to foreign technocrats. This in Dr. Ghani's opinion does little to strengthen the internal capacities of the state, provide training opportunities to Afghans or allocate resources effectively to the general public.

Dr. Ghani stressed the importance of speaking honestly about these dysfunctions in the development system, "We need to start talking truth to each other if we are going to deal with this phenomenon. This double failure now is the genesis of the present."

Dr. Ghani channeled the sentiments of the Afghan public into the room by emphasizing the uncertainty that defines their lives. "Today it is the sense of injustice that drives conflict," Dr. Ghani said. "The level of conflict is driven by injustice. What Afghans yearn for is normalcy-the sense that the lives of our children and grandchildren will be better and what my generation endured will not be repeated."

The level of conflict is driven by injustice. What Afghans yearn for is normalcy-the sense that the lives of our children and grandchildren will be better and what my generation endured will  not be repeated.                    -Dr. Ashraf Ghani 

 Looking forward, Dr. Ghani advised that accountability mechanisms and feedback loops must be implemented to ensure that the necessary auditing and accounting mechanisms are in place to control corruption and ensure transparency. In addition, he called for one coherent system of rules that must be developed and agreed upon to govern development and prevent parallel systems from circumventing these rules. Finally, he advised adopting national programs that model the success of the National Solidarity Program, which reduced child mortality rates by 16%.

Dr. Ghani commented on the unique position that Afghanistan occupies at the crossroads of Asia, in the middle of "four huge hubs of change," China, India, Russia, and the Gulf. "A new regional era has to be created, if France and Germany could overcome hundreds of years of conflict we must create another sense of opportunity."

Dr. Ghani concluded by placing the hope and responsibility for Afghanistan's future in the hands of its younger generation, "We must talk about the generation compact in Afghanistan, our sons and daughters-both literal and figurative-are the source of growth and the source of dynamism...The women of Afghanistan, the youth of Afghanistan, and the poor of Afghanistan are the three numerical majorities that have been reduced to political and economic minority. Without investing in women, investing in youth and tackling the challenge of poverty, we are not going to have stability."

At the end of the two day symposium, participants collectively called for a comprehensive political strategy to facilitate the peaceful and legal transfer of power in 2014, which marks the end of President Karzai's term in office. With this important milestone in the near future, the international community remains committed to working with their Afghan counterparts to introduce political reform measures that will strengthen accountability mechanisms between the Afghan state and society. 

As Dr. Ghani eloquently stated at the end of his presentation, "We have to have an agenda of the future, we must engage in writing the history of the future."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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