Morocco/Cross-border "kafala" child protection at the center of a meeting in Rabat

The role of the judiciary in the protection of children under cross-border "kafala" and the effectiveness of international judicial cooperation mechanisms were the focus of a one-day training session organized on Wednesday in Rabat by the Institut Supérieur de la Magistrature.

This event, under the theme "La kafala des enfants à l'étranger: protection that transcends borders, and a justice system that guarantees rights", is being organized in a context marked by the growing need to protect children's rights in the face of rising international kafala cases.

Part of the ongoing training program for magistrates, it aims to address the legal and judicial issues involved in cross-border kafala, while highlighting best practices, particularly with regard to the role of justice in protecting children's best interests.

In a speech on the occasion, Abdelhanine Touzani, Director General of the Institut Supérieur de la Magistrature, noted that the growing number of requests for kafala abroad, both from members of the judiciary and from the general public, had led to an increase in the number of kafala applications.The growing number of requests for kafalah abroad, both from members of the Moroccan community living abroad and from foreign nationals, has given rise to a series of legal and judicial difficulties.

These difficulties relate in particular to the diversity of reference frameworks governing kafala, between national legislation and binding international conventions, and the overlapping competencies of the various parties involved, he explained.

Mr Touzani added that there was also a lack of effective mechanisms for monitoring the situation of children placed under kafala abroad, and limited judicial and administrative coordination between national authorities and their counterparts in host countries.

To meet these challenges and strengthen international protection mechanisms for the children concerned, the official announced the development of an integrated training program, in accordance with article 33 of the Hague Convention of October 19, 1996, ratified by Morocco.

This program is based on international and national legal references relating to the protection of children in kafala situations abroad, while emphasizing the prerogatives of the various authorities involved in the procedures.the various bodies involved in the procedures for granting kafala, monitoring its execution and assessing respect for the child's best interests, he said.

He added that the training provided an opportunity to examine the guidelines laid down by the Court of Cassation in this field, to unify practices and improve judicial efficiency in international kafala cases, drawing on previous experience.

For his part, Rachid Houbabi, Head of Continuing Education and Training in Judicial Administration at the Institut Supérieur de la Magistrature, emphasized that the judiciary and the Public Prosecutor's Office, in coordination with the Ministry of Justice, have made kafala one of their priorities.

And for good reason," he explained, "this is a delicate issue that lies at the intersection of national sovereignty and the Kingdom's international commitments, notably the 1989 Convention on the Rights of the Child, the Hague Convention and bilateral agreements on judicial cooperation.

These texts raise questions about the principle of the child's best interests, the a posteriori control of kafala and the monitoring of commitments made by the kafil residing abroad, noted Mr. Houbabi.

"Today, we are faced with a reality that requires effective international judicial cooperation through the implementation of conventions, adherence to the relevant UNcanisms and the adoption of enlightened jurisprudence, reconciling legal openness and firmness in protecting the interests of Moroccan children", he pointed out.

This training session includes two discussion sessions covering five main topics, namely "Reading in the conceptual and legal framework of kafala abroad: between Moroccan legislation and international referentials", "The judicial orientations of the Court of Cassation in the field of international kafala: Towards harmonizing practices and strengthening protection guarantees", "The challenges of international judicial cooperation in managing cross-border kafala", "The Public Prosecutor and kafala abroad: Judicial roles and practical challenges" and "The powers of the juvenile court judge in cross-border kafala: towards a judicial consecration of the child's best interests".

Source: www.mapexpress.ma