771.00/9–1653: Telegram

The Ambassador in France (Dillon) to the Department of State1

confidential

1088. Following is brief summary of provisions of particular interest to US of proposed dahirs approved September 15 by French Cabinet (Embtel 1077 September 15):2

1.
Municipal Organization.
(a)
Title I defines powers of Pasha.
(b)
Title II re chief of municipal services provides inter alia that latter, named by Residency arrete, assist Pasha in administration of municipality and countersign latter’s arretes.
(c)
Title III—municipal commission.
(1)
Commissioners elected for 6 years. Commission in chief city each region comprises equal number French Moroccan members. In other cities vizirial arretes will establish division of seats.
(2)
Commission under Presidency Pasha or his delegate. Commission yearly elects Vice-President alternatively from French and Moroccan membership. Between commission sessions Vice-President watches over the execution by chief of municipal services of municipal decisions and use of budgetary credits.
(3)
Commission meets four times yearly and in addition on request chief of municipal services or ⅔ its membership.
(4)
Commission’s decisions require absolute majority of votes. President votes only if majority not obtained after 2 ballots and then has casting vote.
(5)
Through its decisions commission regulates affairs of municipality. Certain decisions (re budget, taxes, construction, loans, etc.) enforceable only after approval by higher authority to be given within 2 months. Other decisions enforceable if one week after notification chief of region has not opposed. In event opposition decision referred to higher authority mentioned above.
(6)
Commission can pass resolutions but not those having political character or relating to non-local matters.
(7)
Commission can be dissolved or suspended by vizirial arrete. Special delegation then assumes certain of its functions provisionally.
(d)
Title IV enumerates categories of obligatory expenditures.
(e)
Title V relates to judicial action by or against municipality.
(f)
Title VI—miscellaneous provisions.
(1)
Vizirial arrete can specify that powers vested in municipal commission by this dahir can be exercised provisionally by Pasha with advice of municipal commission, but his actions are subject to control of superior authority. Pasha also obliged to refer to Grand Vizir disagreements arising between him and municipal commission.
(2)
Vizirial arrete re election municipal commissioners.
(a)
French commissioners elected by list on single ballot (scrutin de liste a un tour) by French electors. No splitting of ballots (panachage). If list receives absolute majority of votes all candidates thereon elected. In contrary case, system of proportional representation applies. Candidature must be announced on week before election.
(b)
Moroccan commissioners elected in 2 stage voting. Eligible Moroccan voters in each electoral district elect delegates who in turn elect commissioners, on vote for individuals not lists. Modalities of election of delegates will be established by arrete of Pasha.
(c)
Conditions governing candidacy and eligibility to vote of French and Moroccans appear quite similar.
2.
Council of Government.
(a)
Council comprises French and Moroccan sections meeting together and having same number of members. Each section comprises 3 [Page 634] colleges as heretofore. Members third college to be elected by direct or indirect votes under conditions to be established by Residency and vizirial arretes for French and Moroccan sections respectively.
(b)
Council meets twice yearly, but extraordinary sessions can be held.
(c)
Permanent commissions formed—budget, economic affairs and social affairs.
(d)
Draft budgets drawn up by Finance Directorate submitted to council. On this occasion council gives its advice on all financial, economic and social questions.
(e)
Vizirial arrete will establish modalitiese of constitution and functioning of council and will fix number its members.
3.
Regional Assemblies.
(a)
Assembly instituted in chief city of each region and will comprise equal number French and Moroccan members elected by direct or indirect vote by population of region. Residency and vizirial arretes will establish modalities of election for French and Moroccan members, respectively.
(b)
Assembly meets twice yearly, but can be convoked for extraordinary sessions. Presided over by chief of region who establishes agenda. French and Moroccan members sit together, but if President beneves advisable they can meet separately.
(c)
Assembly exercises functions in social and economic matters and in particular is consulted on preparation of regional budget and equipment proposals of interest to region.
(d)
Vizirial arrete will establish modalities of functioning of assemblies.
4.
As 3 dahirs re judicial reform highly technical and very detailed (code of penal procedure alone comprises 195 articles) and as they appear fairly non-controversial, Embassy will not summarize.
5.
Texts mentioned Embtel 1077 forwarded today by airpouch to Utter.

Dillon
  1. This telegram was repeated to Tangier, Rabat, and Casablanca.
  2. Not printed; it reported the French Cabinet had approved the Moroccan dahirs that day. The Cabinet also had dahirs regarding labor unions and a bill of rights that had been prepared by the Residency. (771.00/9–1553)