Hospitals & AsylumsTitle 24 US Code

© Fall Equinox 2003Edited by Anthony J. Sanders

Table of Contents

I. Continental Constitutions (CC) 1The Most Complete List of International Constitutions on the Internet

By Anthony J. Sanders

II. Attorney General Education (AGE) 8Rehabilitating Title 24 US Code Chapter 2 Soldier’s & Airman’s Home

By Anthony J. Sanders

III. Impact of Tourism on Thuya (Tetraclinis articulata) Crafts in Morocco 61A Dissertation for a Master’s Degree in Ethnobotany recommending Fair Trade

By Sharon Sanders

Continental Constitutions

Continental Totals States Continents Population GDP Per Capita Law

53 Africa 889.5million $1.3 trillion

$1,460 African Union

51 America 868.7 million $15.1 trillion

$17,383 Organization of American

States44 Asia 3.246 billion $15.9

trillion$5,284 Association

of Southeast Asian States

40 Europe 399.2 million $5.1 trillion

$12,782 European Union

38 North African

Middle East

754 million $4.24 trillion

$5,615 League of Arab States & Russian Federation

7 Duplication Reduction

135 million $612.7 billion

192 states,70

dependencies, 219 listed

World 6.3 billion $40.9 - $49

trillion

$6,817- $7,777

United Nations

Africa State Population GDP Per Capita Law

1 Algeria 32,277,942 $177 billion $5,600 19962 Angola 10,766,471 $16.9 billion $1,600 19923 Benin 7,041,490 $7.3 billion $1,070 19904 Botswana 1,573,267 $15.1 billion $9,500 19665 Burkina Faso 13,228,460 $13.6 billion $1,080 19916 Burundi 6,096,156 $3.8 billion $600 19927 Cameroon 15,746,179 $27 billion $1,700 19968 Cape Verde 412,137 $600 million $1,400 19929 Central African

Republic 3,683,538 $4.7 billion $1,300 1995

10 Chad 9,253,493 $10 billion $1,100 199611 Comoros 614, 382 $424 million $710 200212 Congo, Democratic

Republic of the 56,625,039 $34 billion $610 1994

13 Congo, Republic of 2,954,258 $2.5 billion $900 199214 Cote d’Ivoire 16,962,491 $24.5 billion $1,500 200015 Djibouti 472,810 $586 million $1,400 199216 Egypt 70,712,345 $258 billion $3,700 198017 Equatorial Guinea 510,473 $1.27 billion $2,700 198818 Eritria 4,362,254 $3.3 billion $740 199619 Ethiopia 66,557,553 $50.6 billion $750 197720 Gabon 1,321,560 $7 billion $5,700 199421 Gambia, The 1,501,050 $2.6 billion $1,80022 Ghana 20,467,747 $42.5 billion $2,100 199223 Guinea-Bissau 1,360,827 $1.1 billion $80024 Kenya 31,639,091 $32 billion $1,020 199825 Lesotho 1,861,959 $5.6 billion $2,700 199326 Liberia 3,317,176 $3.5 billion $1,100 198427 Libya 5,368,585 $40 billion $7,600 196928 Madagascar 16,979,744 $12.6 billion $760 199229 Malawi 11,651,239 $7.2 billion $670 199430 Mali 11,626,219 $9.8 billion $860 199231 Mauritania 2,912,584 $5.3 billion $1,900 199132 Mauritius 1,210,447 $13.2 billion $11,000 199833 Morocco 31,167,783 $112 billion $3,700 199634 Mozambique 17,479,266 $19.2 billion $1,000 199035 Namibia 1,927,447 $12.6 billion $6,900 199036 Niger 11,058,590 $8.8 billion $830 199937 Nigeria 133,881,703 $113.5 billion $875 199938 Rwanda 7,810,056 $9 billion $1,200 199139 Sao Tome and 175,883 $200 million $1,200

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Principe40 Senegal 10,580,307 $16.2 billion $1,500 196341 Seychelles 80,469 $626 million $7,800 197742 Sierra Leone 5,732,681 $2.8 billion $580 199143 Somalia 8,025,190 $4.1 billion $540 199544 South Africa 42,768,678 $432 billion $10,000 199645 Sudan 38,114,160 $52.9 billion $1,420 199846 Swaziland 1,161,219 $4.8 billion $4,400 Draft47 Tanzania 35,922,454 $22.5 billion $630 199848 Togo 5,429,299 $8 billion $1,500 199249 Tunisia 9,815,644 $64.5 billion $6,600 198850 Uganda 25,632,794 $31 billion $1260 199551 Western Sahara 256,177 199952 Zambia 10,307,333 $8.9 billion $890 199653 Zimbabwe 12,576,742 $27 billion $2,400 2000219 Total 889,515,730 $1.3 trillion $1,460

America State Population GDP Per Capita Law1 Anguilla 12,738 $104 million $8,6002 Antigua & Barbudo 67,897 $750 million $11,000 19813 Argentina 38,740,807 $391 billion $10,200 18534 Aruba 70,844 $1.94 billion $28,0005 Bahamas 297,477 $5.2 billion $17,000 19736 Barbados 277,264 $4 billion $14,500 19667 Belize 266,440 $1.28 billion $4,900 19818 Bermuda 64,482 $2.25 billion $35,2009 Bolivia 8,586,443 $21 billion $2,500 199510 Brazil 182,032,604 $1.34 trillion $7,600 198811 British Virgin Islands 21,730 $320 million $16,00012 Canada 32,207,113 $923 billion $29,400 198213 Cayman Islands 41,934 $1.27 billion $35,000 200314 Chile 15,665,216 $151 billion $10,000 200015 Columbia 41,662,073 $268 billion $6,500 199116 Costa Rica 3,896,092 $32.3 billion $8,500 194917 Cuba 11,263,429 $25.9 billion $2,300 199218 Dominica 69,655 $380 million $5,400 198419 Dominican Republic 8,715,602 $53 billion $6,100 200220 Ecuador 13,710,234 $41.7 billion $3,100 199821 El Salvador 6,470,379 $30 billion $4,700 200022 Falkland Islands 2,967 $75 million $25,00023 French Guiana 186,917 $1.1 billion $6,00024 Grenada 89,258 $440 million $5,000 1973

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25 Guadalupe 440,189 $3.7 billion $9,00026 Guatemala 13,909,384 $48 billion $3,700 199327 Guyana 702,100 $2.7 billion $4,000 199628 Haiti 7,527,817 $12 billion $1,700 198729 Honduras 6,669,789 $17.6 billion $2,600 199930 Jamaica 2,695,867 $10 billion $3,900 199931 Martinique 425,966 $4.5 billion $10,70032 Mexico 104,907,991 $900 billion $9,000 196633 Montserrat 8,995 $29 million $3,40034 Netherlands Antilles 216,226 $2.4 billion $11,40035 Nicaragua 5,128,517 $12.8 billion $2,500 199536 Panama 2,960,784 $17.3 billion $6,000 199437 Paraguay 6,036,900 $25 billion $4,200 199238 Peru 28,409,897 $132 billion $4,800 200039 Puerto Rico 3,885,877 $45.7 billion $11,50040 Saint Helena 7,367 $18 million $2,50041 Saint Kitts & Nevis 38,763 $339 million $8,800 198342 Saint Lucia 162,157 $866 million $5,400 197843 Saint Pierre 6,976 $74 million $11,00044 Saint Vincent 116,812 $339 million $2,900 197945 Suriname 435,449 $1.5 billion $3,500 199246 Trinidad & Tobago 1,104,209 $11.1 billion $9,500 200047 Turks & Caicos 19,350 $231 million $9,60048 United States 290,342,554 $10.4 trillion $37,600 199249 Uruguay 3,413,329 $26.5 billion $7,800 199650 Venezuela 24,654,694 $132.8 billion $5,500 199951 Virgin Islands 124,778 $2.4 billion $19,000219 Total 868.7 million $15.106 trillion $17,383

Duplication Reduction1 Algeria 32,277,942 $177 billion $5,600 19962 Djibouti 472,810 $586 million $1,400 19923 Egypt 70,712,345 $258 billion $3,700 19804 Morocco 31,167,783 $112 billion $3,700 19965 Seychelles 80,469 $626 million $7,800 19776 Tunisia 9,815,644 $64.5 billion $6,600 19887 Western Sahara 256,177

135 million $612.7 billion

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Asia1 Australia 19,731,984 $528 billion $27,000 19002 Bangladesh 138,448,210 $239 billion $1,700 19963 Bhutan 2,139,549 $2.7 billion $1,300 20024 Brunei 350,898 $6.2 billion $18,000 19595 Burma 42,510,537 $70 billion $1,660 19476 Cambodia 13,124,764 $19.7 billion $1,500 19937 China 1,284,303,705 $6 trillion $4,600 19828 Cook Islands 21,008 $105 million $5,000 19819 East Timor 997,853 $40 million $500 200210 Fiji 856,346 $4.4 billion $5,200 199811 Guam 160,796 $3.2 billion $21,000 Code12 Hong Kong 7,394,170 $186 billion $26,000 199013 India 1,045,845,226 $2.66 trillion $2,540 199514 Indonesia 234,893,453 $663 billion $3,100 194515 Japan 127,214,499 $3.55 trillion $28,000 194716 Kiribati 98,549 $79 million $800 198017 Korea, North 22,466,481 $22 billion $1,000 199818 Korea, South 48,289,037 $31 billion $19,400 198719 Laos 5,921,545 $9.9 billion $1,700 199120 Macau 469,903 $8.6 billion $18,500 199321 Malaysia 23,092,940 $210 billion $9,300 195721 Marshall Islands 56,429 $115 million $1,600 198823 Micronesia 108,143 $277 million $2,000 197524 Mongolia 2,712,315 $5 billion $1,840 199225 Nauru 12,570 $60 million $5,000 196826 Nepal 26,469,569 $36 billion $1,400 199027 New Caledonia 207,858 $3.1 billion $15,000 199328 New Zealand 3,951,307 $78.8 billion $20,200 198729 Niue 2,145 $7.6 million $3,600 197430 Northern Mariana

Islands80,006 $900 million $12,500 1987

31 Palau 19,717 $174 million $9,000 198632 Papua New Guinea 5,295,816 $1.2 billion $2,300 197533 Philippines 84,525,639 $335 billion $4,000 198734 Samoa, American 70,260 $500 million $8,000 Rev.35 Singapore 4,608,595 $105 billion $24,000 199536 Solomon Islands 494,786 $800 million $1,700 199637 Sri Lanka 19,742,439 $73.7 billion $3,700 197838 Taiwan 22,548,009 $386 billion $17,200 199439 Thailand 64,265,276 $429 billion $6,900 199740 Tokelau 1,431 $1.5 million $1,000 197741 Tonga 108,141 $236 million $2,200 1988

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42 Tuvalu 11,305 $12.2 million $1,100 197843 Vanuatu 199,414 $363 million $2,900 198344 Vietnam 81,624,716 $183 billion $2,250 1992219 Total 3.246 billion $15.853 trillion $5,284

State Population GDP Per Capita Law

Europe State Population GDP Per Capita Law

1 Albania 3,582,205 $14 billion $4,500 19982 Andorra 69,150 $1.3 billion $19,0003 Austria 8,188,207 $226 billion $27,700 19954 Belarus 10,322,151 $85 billion $8,200 19945 Belgium 10,289,088 $296.7 billion $29,000 19706 Bosnia & Herzegovina 3,989,018 $7.3 billion $1,900 19957 Bulgaria 7,537,929 $50.6 billion $6,600 19918 Croatia 4,422,248 $38.9 billion $8,800 19909 Czech Republic 10,249,216 $155.9 billion $15,300 199210 Denmark 5,384,384 $155.5 billion $29,000 195211 Estonia 1,408,556 $15.2 billion $10,900 199212 Finland 5,190,785 $136.2 billion $26,200 200013 France 60,180,529 $1.53 trillion $25,700 199514 Germany 82,398,326 $2.184 trillion $26,600 194915 Greece 10,665,989 $201.1 billion $19,000 197516 Holy See 911 $173.5 million $1.9 million17 Hungary 10,045,407 $134.7 billion $13,300 199718 Iceland 280,798 $7 billion $25,000 199919 Ireland 3,924,140 $118.5 billion $30,500 199520 Italy 57,998,353 $1.438 trillion $25,000 194821 Latvia 2,348,784 $20 billion $8,300 199822 Liechtenstein 33,145 $825 million $25,000 192123 Lithuania 3,592,561 $29.2 billion $8,400 199224 Luxembourg 454,157 $20 billion $44,000 199625 Malta 400,420 $7 billion $17,000 196426 Moldova 4,439,502 $11 billion $2,500 199427 Monaco 32,130 $870 million $27,000 196228 Netherlands 16,150,511 $434 billion $26,900 197229 Norway 4,546,123 $143 billion $31,800 199530 Poland 38,622,660 $368.1 billion $9,500 199731 Portugal 10,102,022 $182 billion $18,000 197632 Romania 22,271,839 $166 billion $7,400 199133 San Marino 28,119 $940 million $34,60034 Slovakia 5,430,033 $66 billion $12,200 199235 Slovenia 1,935,677 $36 billion $18,000 200036 Spain 40,217,413 $828 billion $20,700 197737 Sweden 8,878,085 $227.4 billion $25,400 1995

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38 Switzerland 7,318,638 $231 billion $31,700 199839 Ukraine 48,055,439 $218 billion $4,500 199640 United Kingdom 60,094,648 $1.52 trillion $25,300 1992219 Total 399.2 million $5.1 trillion $12,782

N orth A frican M iddle E ast State Population GDP Per Capita Law

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Attorney General Education

1 Afghanistan 27,755,775 $21 billion $800 19902 Algeria 32,277,942 $177 billion $5,600 19963 Armenia 3,330,099 $11.2 billion $3,350 19954 Azerbaijan 7,798,497 $27 billion $3,300 19955 Bahrain 656,397 $8.4 billion $13,000 20026 Comoros 614, 382 $424 million $710 20027 Cyprus 771,657 $10 billion $12,9008 Djibouti 472,810 $586 million $1,400 19929 Egypt 70,712,345 $258 billion $3,700 198010 Georgia 4,960,951 $15 billion $3,100 200211 Iran 66,622,704 $456 billion $7,000 198912 Iraq 24,001,816 $59 billion $2,500 200313 Israel 6,029,529 $122 billion $19,000 LAW14 Jordan 5,307,470 $22.8 billion $4,300 195215 Kazakhstan 16,741,519 $98.1 billion $5,900 199816 Kurdistan 26.3 million $144 billion $5,475 Iraqi17 Kuwait 2,111,561 $30.9 billion $15,100 196218 Kyrgystan 4,822,166 $13.5 billion $2,800 199619 Lebanon 3,677,780 $18.8 billion $5,200 194720 Libya 5,368,585 $40 billion $7,600 196921 Maldives 329,684 $1.25 billion $3,900 199822 Morocco 31,167,783 $112 billion $3,700 199623 Oman 2,713,462 $21.5 billion $8,200 199624 Russia 144,978,573 $1.27 trillion $8,800 199325 Qatar 793,341 $16.3 billion $21,200 200326 Pakistan 147,663,429 $299 billion $2,100 200327 Palestine 2,000,000 $4.3 billion $1,600 200128 Saudi Arabia 23,513,330 $241 billion $10,600 199229 Seychelles 80,469 $626 million $7,800 197730 Syria 17,155,814 $54.2 billion $3,200 197331 Tajikstan 6,719,567 $7.5 billion $1,140 199432 Tunisia 9,815,644 $64.5 billion $6,600 198833 Turkey 67,308,928 $468 billion $7,000 198234 Turkmenistan 4,688,963 $21.5 billion $4,700 199235 United Arab

Emirates 2,445,989 $51 billion $21,100 1971

36 Uzbekistan 25,563,441 $62 billion $2,500 199237 Western Sahara 256,177 199938 Yemen 18,701,257 $14.8 billion $820 1994219 Total 755 million $4.24 trillion $5,615

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Hospitals & Asylums Title 24 US Code Chapter 2 §41-70An Act of the United States House Rehabilitating Vacant Soldier’s and Airmen’s Home

By Anthony Joseph Sanders

Article 1 International Courts

§41 International Court of Justice§42 International Court of Arbitration §43 International Criminal Court §44 European Court of Human Rights§45 Inter-American Court of Human Rights §46 African Human and Peoples’ Rights Court Article 2 Federal Courts

§47 Supreme Court of the United States

§48 Federal Judiciary§48a Circuit Court of Appeal§48b District Court §48c Bankruptcy Court §48d US Sentencing Commission

§49 Tax Court§50 Court of International Trade §51 Court of Federal Claims

Article 3 Department of Justice

§52 Department of Justice§52a Office of the Attorney General§52b Office of the Deputy Attorney General §52c Office of the Associate Attorney General §52d Office of the Solicitor General

§53a Office of Legal Counsel§53b Office of Legislative Affairs§53c Office of Professional Responsibility§53d Office of Legal Policy§53e Office of Public Affairs§53f Office of the Pardon Attorney§53g Office of Intelligence Policy Review

§54a Executive Office for Immigration Review§54b Community Relations Service§54c Executive Office for US Attorneys

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§54d Executive Office for US Trustees§54e INTERPOL§54f Community Oriented Policing Services

§55 Office of Justice Programs§55a National Institute of Justice §55b Bureau of Justice Statistics§55c Office of Juvenile Justice and Delinquency Prevention §56 Justice Divisions§56a Anti-Trust Division§56b Civil Division§56c Civil Rights Division§56d Criminal Division§56e Environment and Natural Resources Division§56f Tax Division§56g Justice Management Division

§57a Federal Bureau of Investigation§57b Bureau of Prisons§57c Drug Enforcement Administration§57d Bureau of Justice Assistance§57e United States Marshall Service§57f United States Parole Commission§57g Foreign Claims Settlement Commission

§58 Department of Homeland Security

Article 4 State Courts

§59 State Supreme Courts§59a County Courts§59b Criminal Division§59c Civil Division§59d Traffic Division§59e Appellate Court

§60a Municipal Court§60b Drug Court§60c Probate Court§60d Juvenile Court§60e Domestic Relations Court

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Article 5 Employees

§61 The Clerk              §62 The Police§63 Pre-Trial §64 The Prosecutor§65   Public Defender §66 Corrections §67 Judges§68 Witnesses §69 Prisoners§70 Jurists

Article 1 International Courts

§41 International Court of Justice                          (1) The International Court of Justice or World Court1 was established by the UN General Assembly2 in Chapter XIV of the 1945 Charter of the United Nations33 to settle disputes between states in Peace Palace at The Hague in the Netherlands. The World Court is the principle organ of the United Nations4 and balances the power of the Security Council5 to settle disputes between international6 and constitutional7 law.

(2) The World Court operates under the Statute of the Court8 and the Rules of Court9. The Court dockets contentious cases between nations regarding the legality of the use of force, issues presented by the General Assembly, issues Advisory Opinions for Specialized Agencies Authorized to Request Advisory Opinions and settles international disputes regarding compensation. Post World War II interpretations of international law by the court are founded in the 1948 Universal Declaration of Human Rights10, the International Covenant on Civil and Political Rights 11, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide12 and the 1949 Geneva Convention13. The Court keeps records of their decisions14 since its creation in 1947.  1 International Court of Justice. http://www.icj-cij.org/ 2 United Nations General Assembly. http://www.un.org/ga/56/ 3 Charter of the United Nations. http://www.un.org/Overview/Charter/chapte14.html 4 United Nations. http://www.un.org/english 5 United Nations Security Council. http://www.un.org/Docs/scinfo.htm 6 UN Commission on Human Rights. Human Rights Index. http://www.unhcr.ch/index.html 7 International Constitutional Law. http://www.uni-wuerzburg.de/law/8 International Court of Justice. Statute of the Court. http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasicstatute.htm9 International Court of Justice. Rules of the Court. http://www.icjcij.org/icjwww/ibasicdocuments/ibasictext/ibasicrulesofcourt_20001205.html 10 Universal Declaration of Human Rights. http://www.fourmilab.ch/etexts/www/un/udhr.html 11 International Covenant on Civil and Political Rights. http://www.unhchr.ch/html/menu3/b/a_ccpr.htm 12 Convention on the Prevention and Punishment of the Crime of Genocide. http://www.unhchr.ch/html/menu3/b/p_genoci.htm 13 Geneva Convention. http://www.asociety.com/geneva1.html 14 International Court of Justice. Decisions. http://www.icj-cij.org/icjwww/idecisions.htm

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(3) The first published decision of the Court assisted the General Assembly to establish Condition for Admission of a State to Membership15 by reviewing Article 4, paragraph 1, of the Charter enumerating that member nations be (1) a State; (2) peace-loving; (3) must accept the obligations of the Charter; (4) must be able to carry out these obligations; (5) must be willing to do so. The most recent published decision of the Court is Mexico v. United States of America where the court ordered the United States to grant clemency to those Mexican nationals scheduled to die and not to execute the 54 Mexican nationals sentenced to die in the United States. The argument is that (1) the prisoners have not been given the protection of the Mexican Consulate required by the Vienna Convention on Consular Relations16 and (2) the Mexican government, whose law prohibits the death penalty, furthermore demands that no Mexican nationals be executed by the USA17. It should be understood that the United States is under investigation for the excessive use of force in Afghanistan, unauthorized use of force in Iraq, abuse of the death penalty, unauthorized international slavery of Afghani and Iraqi militants and former Panamanian President Manuel Noriega who must be immediately released to the consulate of their nation of origin for release to their native country with a reasonable compensation for their time, and for having the highest concentration of slavery - 688 prisoners per 100,000- in the world.

§42 International Court of Arbitration

Since its foundation in 1923 by the International Chamber of Commerce18 the International Court of Arbitration19 has settled over 10,000 cases from more than 170 countries and territories in accordance with the Rules of Arbitration20. The purpose of the International Court of Arbitration is to improve the settlement of international Alternative Dispute Resolution and provide litigants with business disputes of an international character an alternative to the higher cost of settling in national courts by appointing one of 144 experts to arbitrate and settle the dispute while being monitored by the International Court of Arbitration.

§43 International Criminal Court

The International Criminal Court 21 is the most recent development in the international justice system and will try crimes against humanity, genocide, war crimes and acts of aggression in accordance with the Rome Statute of the International Criminal Court22. There are 18 judges from different states, nominated by their state and elected by 2/3 vote 15 International Court of Justice. Conditions for Admission of a State to Membership. http://www.icj-cij.org/icjwww/idecisions/isummaries/iasunsummary480528.htm 16 Vienna Convention on Consular Relations. 1963. http://www.ukrchicago.com/laws/viennconv.html 17 International Court of Justice. Mexico v. USA. http://www.icj-cij.org/icjwww/idocket/imus/imusframe.html 18 International Chamber of Commerce. http://www.iccwbo.org/index.asp 19 International Court of Arbitration. http://www.iccwbo.org/index_court.asp 20 International Court of Arbitration. Rules of Arbitration. http://www.iccwbo.org/court/english/arbitration/rules.asp 21 International Criminal Court. http://www.icc-cpi.int/php/index.php 22 Rome Statute of the International Criminal Court. http://www.un.org/law/icc/statute/romefra.htm

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of the General Assembly to serve one 9 year, non-renewable term. The concept of an international criminal court has been floating around the United Nations since its inception in 1948 and has applied with the creation of permanent criminal tribunals for the nations of Rwanda and Yugoslavia. The International Criminal Tribunal for the former Yugoslavia 23 was founded by UN Security Council Resolution 827 in 1993 to prosecute the grave breaches in international humanitarian law that began in 1991. The International Criminal Tribunal for Rwanda 24 was created by UN Security Council Resolution 955 in 1994 to prosecute those responsible for genocide and breaches in international law, it has a current yearly budget of $177,739,400. The International Criminal Court should improve the prosecution of international crimes that are vetoed as resolutions by Permanent Members of the Security Council.

§44 European Court of Human Rights

The European Court of Human Rights 25 is the oldest and busiest continental court in the world. The Court operates in conjunction with the laws of the Council of Europe 26. The Court was founded in 1959 in accordance with the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms Articles 40-56 27 by European nations in 1953 to uphold the rights and freedoms enumerated in Articles 2-18 of the Convention. The bench currently accommodates 41 judges, 1 for each member nation, who are elected to serve 6 year terms by the Parliamentary Assembly of the Council of Europe 28 Admission is reserved to the High Contracting Parties and the Commission on Human Rights to bring cases before the court in accordance with Article 44. The admission of more nations to the European Union has caused the number of applications registered annually with the Commission to increase from 404 in 1981 to 2,037 in 1993 to 4,750 in 1997. By 1997 the number of unregistered or provisional files opened each year in the Commission had risen to over 12,000. §45 Inter-American Court of Human Rights29

(1) The Inter-American Court of Human Rights30 was founded in 1978 as an autonomous judicial seat located in San Jose, Costa Rica composed of 7 judges elected for 6 year terms by the General Assembly of the Organization of American States 31 in accordance with Article 52 of the American Convention on Human Rights 32, the Statute of the Inter-American Court of Human Rights33 and the Rules of Procedure of the Inter-American

23 International Criminal Tribunal for the former Yugoslavia. http://www.un.org/icty/ 24 International Criminal Tribunal for Rwanda. http://www.ictr.org/ 25 European Court of Human Rights. http://www.echr.coe.int/ 26 Council of Europe. http://www.coe.int/ 27 Convention on the Protection of Human Rights and Fundamental Freedoms. http://www.hri.org/docs/ECHRSO.html 28 Parliamentary Assembly of the Council of Europe. http://assembly.coe.int/ 29 Inter-American Court of Human Rights. http://www.corteidh.or.cr/ 30 Inter-American Court of Human Rights. http://www1.umn.edu/humanrts/iachr/iachr.html 31 Organization of American States. http://www.oas.org 32 American Convention on Human Rights. http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm 33 Statute of the Inter-American Court of Human Rights. http://www1.umn.edu/humanrts/oasinstr/zoas6cts.htm

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Court of Human Rights34. All cases are presented by member nations and the guests of the Inter-American Commission on Human Rights 35.

(2) In Treaties Subject to the Consultative Jurisdiction the Court36 the Court determined in 1982 that Article 64 of the American Convention on Human Rights grants the Inter-American Court of Human Rights an unlimited advisory jurisdiction rather than a limited venue for organizations to request such an opinion from the court as offered by the International Court of Justice. The model procedure is for the Court to issue a request to parties to submit their advisory opinions so that the court can come to a well-researched opinion regarding any treaty in the world.

§46 African Court of Human and Peoples’ Rights

(1) A Protocol for an African Court of Human and Peoples’ Rights 37 has been drafted to create a continental judicial authority founded upon the African Charter on Human and Peoples’ Rights38 to assist the African Commission on Human and Peoples’ Rights39 to build peaceful institutions and try violations of human rights that occur in African Republics. Admittance to the court would be limited to member states and intergovernmental organizations of the African Union 40. The court would greatly improve the ability of the Commission on Human and People’s Rights to function as directed by Article 45 of the African Charter of Human and People’s Rights and expand the jurisdiction and influence of human and people’s rights in African judicial decisions…

(2) To promote Human and Peoples' Rights and in particular:

(a)to collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments.

(b) to formulate and lay down, principles, rules and pass judgment aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations [and litigation settling the victims and perpetrators of violations of human and people’s rights financially and literately]

34 Rules of Procedure of the Inter-American Court of Human Rights. http://www1.umn.edu/humanrts/iachr/rule1-97.htm 35 Inter-American Commission on Human Rights. http://www.cidh.oas.org/ 36 Inter-American Court of Human Rights. Treaties Subject to the Consultative Jurisdiction of the Court. 1982 http://www1.umn.edu/humanrts/iachr/b_11_4a.htm 37 Protocol for an African Court of Human and People’s Rights. http://www.africaninstitute.org/html/protocol_on_african_court.html 38 African Charter on Human and People’s Rights. 1986 http://www.itcilo.it/english/actrav/telearn/global/ilo/law/africahr.htm 39 African Commission on Human and People’s Rights. http://www.achpr.org/ 40 African Union. http://www.africa-union.org/home/Welcome.htm

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(c) co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights and be entrusted with tasks by the Assembly of African Heads of State.

(3) The African Court of Human and People’s Rights would help to ensure the protection of human and peoples' rights and the improve the interpretation of the provisions of the African Charter of Human and People’s Rights as they settle the African continent.

Article 2 Federal Courts

§47 Supreme Court of the United States

(1) The US Supreme Court41 is the highest court in the US. The Court is framed by Article III §1 of the US Constitution42, Title 28 US Code (1)143 and the Rules of the Supreme Court44. In co-operation with US Congress, the US Supreme Court amends the Federal Rules of Evidence45, the Federal Rules of Criminal Procedure46, and the Federal Rules of Civil Procedure47.

(2) The chief justice and eight associate justices are appointed by the president of the United States, for a life term, with the consent of 2/3 of the Senate in accordance with Article II §2 of the U.S. Constitution48. When the time comes for a justice, particularly chief justice, to retire, associate justices are appointed to learn the procedures of the high court before a vacancy must be filled. Decisions of the Court since 1893 are kept on public record49.

(3) Cases are filed in accordance with the Rules of Practice. Writ of certiorari are granted by the grace of the Supreme Court when a federal question arises in the court of appeals [or state supreme court] in accordance with III Rule 10. Original actions may be heard in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party in accordance with  IV Rule 17.  Extraordinary writs are also sparingly reviewed in accordance with IV Rule 20.  The 2000 year end report shows the total number of cases filed in the Supreme Court in 1999 to be 7,377. 5,282 were in forma pauperis. 2,092 paid the $300 filing fee, only 83 cases were argued and 79 were disposed of in 74-signed opinions.

41 US Supreme Court. http://www.supremecourtus.gov/ 42 Article III Section 1. US Constitution. http://www.law.cornell.edu/constitution/1 43 28 USCode Chapter 1 Section1. The Supreme Court. http://www.access.gpo.gov/uscode/title28/parti_chapter1_.html 44 Rules of the Supreme Court. http://www.law.cornell.edu/rules/supct/overview.html 45 Federal Rules of Evidence. http://www.law.cornell.edu/rules/fre/overview.html 46 Federal Rules of Criminal Procedure. http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcrm? 47 Federal Rules of Civil Procedure. http://www.law.cornell.edu/rules/frcp/overview.htm 48 Article II Section 2. US Constitution. http://www.law.cornell.edu/constitution/constitution.articleii.html#section2 49 Supreme Court.Cases. http://www.findlaw.com/casecode/supreme.html

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(4) In the Amistad 40 US 518 (1841)50 the Court recognized that the government of the United States is based on the principles promulgated in the Declaration of Independence, by the congress of 1776; 'that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; and that to secure these rights, governments are instituted.' Recollecting that there is among nations, as among men, a golden rule; let us do to them, as we wish them to do to us. Therefore be declared free and dismissed from the custody of the court.

§48 Federal Judiciary

The Federal Judiciary51 was established by Article 3 of the U.S. Constitution and all federal judges are appointed by the US President and the Senate Judiciary Committee upon the recommendation of the US Department of Justice. In 2000 the Federal Judiciary received $2.374 billion, only 0.23% of the $2.025 trillion federal budget. In fiscal year 2000 there were 54,697 filings in the 12 regional courts of appeals. In the district courts there were 259,517 civil cases and 62,745 criminal cases filed, totaling 83,963 criminal defendants. Fiscal Year 2000 numbers are the highest since 1933, when the Prohibition Amendment was repealed. Filings in U.S. bankruptcy courts however declined to 1,262,102. There were 35 judicial confirmations in fiscal year 2000 and 66 vacancies listed in the 2000 year-end report52.  §48a. Circuit Court of Appeal

The United States Federal Judiciary is constituted into 12 regional and a Federal circuit courts of appeals in accordance with Title 28 of the US Code, Chapter 3 §41-4953. The Circuit Court hears appeals of Right, by permission and by leave of the Court regarding the decisions of bankruptcy and district courts in their circuit. In 2002 the Federal Circuit Courts of Appeal filed 57,555 cases- 18,272 from prisoners, 11,569 criminal cases, 5,789 administrative cases, and 21,925 civil cases – only 27,758 were terminated, leaving 40,965 cases pending before the Circuit Courts of Appeals. The average circuit court judge wrote 165 decisions in 200254.

§48b District Court

The United States district courts are the trial courts of the federal court system and are constituted in accordance with chapter 5 § 81-144 55. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia, Puerto

50 The Amistad 40 US 518 (1841). http://caselaw.lp.findlaw.com/amistad_case.html 51 US Courts. http://www.uscourts.gov/links.html 52 Year End Report. http://www.supremecourtus.gov/publicinfo/year-end/2000year-endreport.html 53 28 US Code Chapter 3 41-49. http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/3/toc.html 54 Federal Court Management Statistics. http://www.uscourts.gov/cgi-bin/cmsa2002.pl 55 28 US Code Chapter 5 81-144 http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/5/toc.html

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Rico, three territories of the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands. In 2002 there were 344,546 cases filed in the US District Courts, 323,629 cases were terminated and 312,971 cases pending. The average district judge hears 518 cases every year- 413 civil, 84 criminal and 21 supervised release hearings.

§48c Bankruptcy Court

Federal courts have exclusive jurisdiction over bankruptcy cases as constituted by chapter 6 § 151-15856. Bankruptcy cases cannot be filed in state court. Each of the 94 federal judicial districts handles bankruptcy matters in accordance with Title 1157. The primary purposes of the law of bankruptcy are: (1) to give an honest debtor a "fresh start" in life by relieving the debtor of specific debts by prohibiting further collection actions, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment58. In 2002 the number of bankruptcy proceedings rose to 1.5 million59.

§48d US Sentencing Commission

(1) Under 28 USC§991-998 there is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission which shall consist of seven voting members and one nonvoting member. The President, after consultation with representatives of judges, prosecuting attorneys, defense attorneys, law enforcement officials, senior citizens, victims of crime, and others interested in the criminal justice process, shall appoint the voting members of the Commission, by and with the advice and consent of the Senate. The purposes of the United States Sentencing Commission are to establish sentencing policies and practices for the Federal criminal justice system that -(A) assure the meeting of the purposes of sentencing as set forth in 18USC§3553(a)(2);(B) provide certainty and fairness in meeting the purposes of sentencing, avoiding unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct while maintaining sufficient flexibility to permit individualized sentences when warranted by a rehabilitated treatment not taken into account in the establishment of general sentencing practices; and(C) reflect, to the extent practicable, advancement of knowledge of human behavior as it relates to the criminal justice process; and(2) develop means of measuring the degree to which the sentencing, penal, and correctional practices are effective in meeting the purposes of sentencing as set 18 USC §3553(a)(2). It should be noted that the Federal Judiciary abuses the minimum sentencing recommended by the US Sentencing Commission and the prisons should be more fluent in the use of alternative treatment programs recommended by the High Court that satisfy our societies needs for security and the prisoner’s right to reduce sentencing by being a productive, even tax-paying citizen so as not to burden the US Jails that are overflowing. Federal Judges would greatly benefit from legal research regarding 56 28 US Code Chapter 6 151-158 http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/6/toc.html 57 Title 11 US Code. http://caselaw.lp.findlaw.com/casecode/uscodes/11/toc.html 58 Bankruptcy Basics. http://www.uscourts.gov/bankbasic.pdf 59 Bankruptcy Court Statistics 2001-2002. http://www.uscourts.gov/caseload2002/tables/f00mar02.pdf

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published sentencing and treatment decisions of State Appellate Courts and the Supreme Court to mitigate their sentencing, in most cases, in recognition that the United States has a prisoner surplus requiring competent individualized care and release to a safe home, work or school.

§49 Tax Court

The U.S. Tax Court60 employs 19 presidential appointed judges hear cases for $60 regarding the decisions of the Commissioner of the Internal Revenues Service that must be filed within 90 days. The jurisdiction of the Tax Court includes the authority to hear tax disputes concerning notices of deficiency, notices of transferee liability, certain types of declaratory judgment, readjustment and adjustment of partnership items, review of the failure to abate interest, administrative costs, worker classification, relief from joint and several liability on a joint return, and review of certain collection actions. 

§50 Court of International Trade

The U.S. Court of International Trade61 is constituted under 28 U.S.C. Chapter 11 §251-258 62 to employ 12 presidential appointed judges who hear claims against the United States in accordance with the jurisdiction and venue set forth in 28 USC Chapter 95 § 1581-1585 63. The 1930 Tariff Act, 1974 Trade Act and The Customs Courts Act of 1980 grant the Court a residual grant of exclusive subject matter jurisdictional authority to decide any civil action against the United States, its officers, or its agencies arising out of any law pertaining to international trade, tariffs and customs. The Court operates in accordance with the Rules of Court1 and in co-operation with the Civil Division of the Department of Justice.

§51 Court of Claims

(1)The U.S. Court of Federal Claims65 is constituted under 28 USC Chapter 7 §171-17964 and is subject to the jurisdiction and venue set forth in 28 USC Chapter 91§1491-1509 65 that permits the Court to hear all types of civil claims against the United States, particularly those involving unjust imprisonment, declaratory judgment, treaties, accounts of officers, patents and copyrights. The United States Court of Federal Claims was recreated pursuant to Article I of the United States Constitution in October 1982, by the Federal Courts Improvement Act.

60 US Tax Court. 61 US Court of International Trade. http://www.cit.uscourts.gov/ 62 28USC(11)251-258. http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/11/toc.html 63 28USC(95)1581-1585 http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/iv/chapters/95/toc.html 1 International Court of Trade. Rules of Court. http://www.cit.uscourts.gov/Rules/rules-forms.htm 65 Court of Federal Claims. http://www.uscfc.uscourts.gov/ 64 28 USC Chapter 7 §171-179. http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/7/toc.html 65 28USC(11)251-258. http://caselaw.lp.findlaw.com/casecode/uscodes/28/parts/i/chapters/11/toc.html

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(2)The Court consists of sixteen judges nominated by the President and confirmed by the Senate for a term of fifteen years. After 1982, the Court retained all the original jurisdiction of the Court of Claims and continues, uninterrupted, a judicial tradition more than 140 years old. The Court has been given new equitable jurisdiction in the area of bid protests, as well as jurisdiction in vaccine compensation, civil liberties, product liability, oil spills, and various other areas of the law over the last sixteen years.

(3) The Court of Federal Claims is authorized to hear primarily money claims founded upon the Constitution, federal statutes, executive regulations, or contracts, express or implied-in-fact, with the United States. Approximately one-quarter of the cases before the Court involve tax refund suits, an area in which the court exercise concurrent jurisdiction with United States district courts. The cases tend to involve complex factual and statutory construction issues in tax law.

(4) Another aspect of the court's jurisdiction involves government contracts. It was within the public contracts jurisdiction that the court was given new equitable authority in late 1996. Contract claims make up over a third of the court's workload. In recent years, the Court's Fifth Amendment takings jurisdiction has included many cases raising environmental and natural resource issues. This category has grown to about ten percent (10%) of the Court's docket. Another large category of cases involve civilian and military pay questions.

(5) In addition, the Court hears intellectual property, Indian tribe, and various statutory claims against the United States by individuals, domestic and foreign corporation, states and localities, Indian tribes and Nations, and foreign nationals and governments.

(6)The 2,200 plus pending cases involve claims currently estimated in the tens of billions of dollars, making the average claim well over one million dollars. The Court also efficiently handles numerous smaller claims. Its expertise, in recent years, has been seen as its ability to efficiently handle civil litigation in co-operation with the Civil, Environmental and Tax Divisions of the Department of Justice66.

Article 3 Department of Justice

§52 Department of Justice

(1) The Edmund Randolph 1789-1794 began the first presidential appointment for Office of the Federal Attorney General (FAG) 67 under the Judiciary Act of 1789 and served as the first of three attorney generals who were appointed by President Washington.

66 History of the US Federal Court of Claims. http://www.uscfc.uscourts.gov/USCFChistory.htm 67 Office of the Federal Attorney General. http://www.usdoj.gov/jmd/ls/agchart

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(2)The U.S. Department of Justice 67 was founded by the 1870 Act to Establish the Department of Justice to process the increase in litigation after the civil war by improving…

(a) representation of the federal government to the State Attorney Generals (SAG) 68 (b) representation of state attorney generals to the federal government and (c) counsel to the president by serving as the member of the cabinet who supervises judicial affairs and litigation under the Title of Attorney General Executive (AGE).

(3) The US Department of Justice is constituted in accordance with Article 3 of the Constitution of the United States69, Title 28, Part 2 United States Code70 and manages its judicial administration in accordance with Title 28 Code of Federal Regulations71 and the U.S. Attorney’s Manual 72.

(4) The US Department of Justice is the largest law firm in the world with a $16.78 billion budget. The Department of Justice consists of the following principal organizational units listed in 28 CFR I 0.1 as restructured by the Homeland Security Act of 2002 yielding roughly 17 offices, 7 divisions and 2 boards with four immigration and customs related agencies seceding to the Department of Homeland Security. The US Department of Justice is the largest law firm in the world and employs roughly 6.6 million people on parole and probation and 2 million people in jail as well as 1 million police officers, 350,000 judges and 1 million attorneys with a federal staff of roughly 700 attorneys.

§52a Office of the Attorney General74

Under 28 CFR I 0.5 the Attorney General shall (a) Supervise and direct the administration and operation of the Department of Justice, including the offices of U.S. Attorneys and U.S. Marshals, which are within the Department of Justice. (b) Represent the United States in legal matters generally. (c) Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the Government, as provided by law. (d) Appear in person to represent the Government in the Supreme Court of the United States, or in any other court, in which he may deem it appropriate. (e) Designate, pursuant to Executive Orders 9788 of October 4, 1946, and 10254 of June 15, 1951, officers and agencies of the Department of Justice to act as disbursing officers for the Office of Alien Property.

67 US Department of Justice. http://www.usdoj.gov. 68 National Association of Attorney Generals. http://www.naag.org/ 69 Constitution of the United States. http://www.law.cornell.edu/constitution/constitution.overview.html 70 Title 28 US Code Part II. Attorney General. 71 Title 28 Code of Federal Regulations. http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200328 72 United States Attorney Manual. http://www.usdoj.gov/usao/eousa/foia_reading_room/usam 74 Office of the Attorney General. http://www.usdoj.gov/dag/index.html

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(f) Perform or supervise the performance of other duties required by statute or Executive order.

§52b Office of the Deputy Attorney General75

Under 28 CFR I 0.15 (a) The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General, unless any such power or authority is required by law to be exercised by the Attorney General personally.(b) The Deputy Attorney General shall advise and assist the Attorney General in formulating and implementing Department policies and programs and in providing overall supervision and direction to all organizational units of the Department. Subject to the general supervision of the Attorney General, the Deputy Attorney General shall direct the activities of organizational units as assigned. In addition, the Deputy Attorney General shall: (1) Except as assigned to the Associate Attorney General, exercise the power and authority vested in the Attorney General to take final action in matters pertaining to: (i) The employment, separation, and general administration of personnel in the Senior Executive Service and in General Schedule grades GS-16 through GS-18, or the equivalent, and of attorneys and law students regardless of grade or pay in the Department; (ii) The appointment of special attorneys and special assistants to the Attorney General (28 U.S.C. 515(b)) for $12,000 yearly; (iii) The appointment of Assistant U.S. Trustees and fixing of their compensation; and (iv) The approval of the appointment by U.S. Trustees of standing trustees and the fixing of their maximum annual compensation and percentage fees (v) The appointment, employment, separation, and general administration of Assistant United States Attorneys and other attorneys to assist United States Attorneys when the public interest so requires and fixing their salaries. (2) Administer the Attorney General's recruitment program for honor law graduates and judicial law clerks. (3) Coordinate Departmental liaison with White House Staff and the Executive Office of the President. (4) Coordinate and control the Department's reaction to civil disturbances and terrorism. (5) Perform such other duties and functions as may be assigned from time to time by the Attorney General. (6) The Deputy Attorney General is authorized to exercise the authority vested in the Attorney General under section 528(a), Public Law 101-509, to accept from federal departments and agencies the services of attorneys and non-law enforcement personnel to assist the Department of Justice in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and to supervise such personnel in the conduct of such investigations and prosecutions.

75 Office of the Deputy Attorney General. http://www.usdoj.gov/dag/index.html

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§52c Office of the Associate Attorney General76

(1) Under 28 CFR I 0.19 (a) The Associate Attorney General shall advise and assist the Attorney General and the Deputy Attorney General in formulating and implementing Departmental policies and programs. The Associate Attorney General shall also provide overall supervision and direction to organizational units as assigned. In addition the Associate Attorney General shall: (a) Exercise the power and the authority vested in the Attorney General to take final action in matters pertaining to the employment, separation, and general administration of attorneys and law students in pay grades GS-15 and below in organizational units subject to his direction. (b) Perform such other duties as may be especially assigned from time to time by the Attorney General. (c) Exercise the power and authority vested in the Attorney General to authorize the Director of the U.S. Marshals Service to deputize persons to perform the functions of a Deputy U.S. Marshal.

§52d Office of the Solicitor General77

(1) Under 28 CFR I 0.20 The following-described matters are assigned to, and shall be Conducted, handled, or supervised by, the Solicitor General, in consultation with each agency or official concerned: (a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs and arguments, and settlement thereof. (b) Determining whether, and to what extent, appeals will be taken by the Government to all appellate courts (including petitions for rehearing en banc and petitions to such courts for the issuance of extraordinary writs) and, in accordance with Sec. 0.163, advising on the approval of settlements of cases in which he had determined that an appeal would be taken. (c) Determining whether a brief amices curiae will be filed by the Government, or whether the Government will intervene, in any appellate court. (d) Assisting the Attorney General, the Deputy Attorney General and the Associate Attorney General in the development of broad Department program policy.

(2) Under 28 CFR I 0.21 the Solicitor General may in consultation with each agency or official concerned, authorize intervention by the Government in cases involving the constitutionality of acts of Congress.

§53a Office of Legal Counsel78

(1) Under 28 CFR I 0.25 the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Office of Legal Counsel:76 Office of the Associate Attorney General. http://www.usdoj.gov/aag/index.html 77 Office of the Solicitor General. http://www.usdoj.gov/osg/ 78 Office of Legal Counsel. http://www.usdoj.gov/olc/index.html

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(a) Preparing the formal opinions of the Attorney General; rendering informal opinions and legal advice to the various agencies of the Government; and assisting the Attorney General in the performance of his functions as legal adviser to the President and as a member of, and legal adviser to, the Cabinet. (b) Preparing and making necessary revisions of proposed Executive orders and proclamations, and advising as to their form and legality prior to their transmission to the President; and performing like functions with respect to regulations and other similar matters which require the approval of the President or the Attorney General. (c) Rendering opinions to the Attorney General and to the heads of the various organizational units of the Department on questions of law arising in the administration of the Department. (d) Approving proposed orders of the Attorney General, and orders which require the approval of the Attorney General, as to form and legality and as to consistency and conformity with existing orders and memoranda. (e) Coordinating the work of the Department of Justice with respect to the participation of the United States in the United Nations and related international organizations and advising with respect to the legal aspects of treaties and other international agreements. (f) When requested, advising the Attorney General in connection with his review of decisions of the Board of Immigration Appeals and other organizational units of the Department. (g) Designating within the Office of Legal Counsel: (1) A liaison officer, and an alternate, as a representative of the Department in all matters concerning the filing of departmental documents with the Office of the Federal Register, and (2) A certifying officer, and an alternate, to certify copies of documents required to be filed with the Office of the Federal Register (1 CFR 16.1). (h) Approving certain blind trusts, as required by section 202(f)(4)(B) of the Ethics in Government Act of 1978, 92 Stat. 1843. (i) Consulting with the Director of the Office of Government Ethics regarding the development of policies, rules, regulations, procedures and forms relating to ethics and conflicts of interest, as required by section 402 of the Ethics in Government Act of 1978, 92 Stat. 1862. (j) Performing such special duties as may be assigned by the Attorney General, the Deputy Attorney General, or the Associate Attorney General from time to time.

§53b Office of Legislative Affairs79

(1) Under 28 CFR I 0.27 the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Office of Legislative and Intergovernmental Affairs: (a) Maintaining liaison between the Department and the Congress. (b) Reviewing, coordinating and submitting departmental legislative reports. (c) Coordinating the preparation and submission of proposed departmental legislation.

79 Office of Legislative Counsel. http://www.usdoj.gov/ola/

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(d) Maintaining liaison between the Department and State and local governments and their representative organizations. (e) Consulting with State and local officials and their representative organizations to inform them of Department policy and law enforcement initiatives that may affect State and local governments. (f) Performing such other duties respecting legislative matters as may be assigned by the Attorney General, the Deputy Attorney General, or the Associate Attorney General.

§53c Office of Professional Responsibility80

Under 28 CFR I 0.39 The Office of Professional Responsibility shall be headed by a Counsel, appointed by the Attorney General. The Counsel shall be subject to the general supervision and direction of the Attorney General or, whenever appropriate, of the Deputy Attorney General or the Associate Attorney General or the Solicitor General.

§53d Office of Legal Policy81

(1) Under 28 CFR I 0.23 the Office of Legal Policy shall be headed by an Assistant Attorney General. The principal responsibilities of the Office shall be to plan, develop, and coordinate the implementation of major policy initiatives of high priority to the Department and to the Administration. In addition, the Assistant Attorney General, Office of Legal Policy, shall: (a) Examine and study legislation and other policy proposals and coordinate Departmental efforts to secure enactment of those of special interest to the Department and the Administration. (b) Assist the Attorney General and the Deputy Attorney General in fulfilling responsibilities of the Federal Legal Council to promote coordination and communication among Federal legal offices with the goal of achieving effective, consistent, and efficient management of legal resources throughout the Federal Government. (c) Advise and assist the Attorney General and the Deputy Attorney General regarding the selection and appointment of Federal judges. (e) Administer the Federal Justice Research Program. (f) Represent the Department on the Administrative Conference of the United States and, as appropriate, on regulatory reform matters. (g) Participate, as appropriate, in internal budget hearings of the Department with regard to policy implications of resource allocations and resource implications of major policy initiatives; and advise the Assistant Attorney General for Administration with regard to information requirements for Departmental policy formulation. (h) Advise appropriate Departmental officials, from time to time, on investigation, litigation, negotiation, penal, or correctional policies to insure the compatibility of those policies with overall Departmental and National goals. (i) Perform such other duties and functions as may be specially assigned by the Attorney General and the Deputy Attorney General.

80 Office of Professional Responsibility. http://www.usdoj.gov/opr/index.html 81 Office of Legal Policy. http://www.usdoj.gov/olp/

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(2) In carrying out his responsibilities under this section, the Assistant Attorney General, Office of Legal Policy, shall have the right to call upon the relevant Departmental units for personnel and other assistance.

§53e Office of Public Affairs82

(1) Under 28 CFR I 0.28 The Office of Public Affairs is headed by a Director of Public Affairs who shall: (a) Handle matters pertaining to relations with the public generally. (b) Disseminate information to the press, the radio and television services, the public, members of Congress, officials of Government, schools, colleges, and civic organizations. (c) Coordinate the relations of the Department of Justice with the news media. (d) Serve as a central agency for information relating to the work and activities of all agencies of the Department. (e) Prepare public statements and news releases. (f) Coordinate Department publications. (g) Assist the Attorney General and other officials of the Department in preparing for news conferences, interviews and other contacts with the news media.

§53f Office of the Pardon Attorney83

(1) Under 28 CFR I 0.35 the Office of the Pardon Attorney (a) Exercise of the powers and performance of the functions vested in the Attorney General by Secs. 1.1 through 1.8 inclusive of this chapter. (b) Performance of such other duties as may be assigned by the Attorney General or the Associate Attorney General.

(2) Under 28 CFR I 0.36 The Pardon Attorney shall submit all recommendations in clemency cases through the Associate Attorney General and the Associate Attorney General shall exercise such discretion and authority as is appropriate and necessary for the handling and transmittal of such recommendations to the President.

§53g Office of Intelligence Policy and Review84

The Office of Intelligence Policy and Review, under the direction of the Counsel for Intelligence Policy, is responsible for advising the Attorney General on all matters relating to the national security activities of the United States. The Office prepares and files all applications for electronic surveillance and physical search under the Foreign Intelligence Surveillance Act of 1978, assists Government agencies by providing legal advice on matters of national security law and policy, and represents the Department of Justice on variety of interagency committees such as the National Counterintelligence

82 Office of Public Affairs. http://www.usdoj.gov/opa/index.html 83 Office of the Pardon Attorney. http://www.usdoj.gov/pardon/ 84 Office of Intelligence Policy and Review. http://www.usdoj.gov/oipr/

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Policy Board. The Office also comments on and coordinates other agencies' views regarding proposed legislation affecting intelligence matters.

The Office serves as adviser to the Attorney General and various client agencies, including the Central Intelligence Agency, the Federal Bureau of Investigation, and the Defense and State Departments, concerning questions of law, regulation, and guidelines as well as the legality of domestic and overseas intelligence operations.

§54a Executive Office for Immigration Review85

The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of Federal immigration laws. The Office of the Chief Administrative Hearing Officer (OCAHO) was added in 1987. EOIR is also separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

§54b Community Relations Service86

(1) Under 28 CFR I 0.30 The following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Director of the Community Relations Service: (a) Exercise of the powers and performance of the functions vested in the Attorney General by sections 204(d), 205, 1002, and 1003(a) of the Civil Rights Act of 1964 (78 Stat. 267) and section 2 of Reorganization Plan No. 1 of 1966. (b) Preparation and submission of the annual report to the Congress required by section 1004 of that Act.

(2) Under 28 CFR I 0.31 (a) In case of a vacancy in the Office of the Director of the Community Relations Service, the Deputy Director of the Service shall perform the functions and duties of the Director. (a) The Director is authorized, in case of absence from his office or in case of his inability or disqualification to act, to designate the Deputy Director to act in his stead. In unusual circumstances, or in the absence of the Deputy Director, a person other than the Deputy Director may be so designated by the Director.

(3) Under 28 CFR I 0.32 Departmental regulations which are generally applicable to units or personnel of the Department of Justice shall be applicable with respect to the Community Relations Service and to the Director and personnel thereof, except to the

85 Office of Immigration Review. http://www.usdoj.gov/eoir/ 86 Community Relations Service. http://www.usdoj.gov/crs/index.html

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extent, if any, that such regulations may be inconsistent with the intent and purposes of section 1003(b) of the Civil Rights Act of 1964.

§54c Executive Office for United States Attorneys87

Under 28 CFR I 0.22 The Executive Office for United States Attorneys shall be under the direction of a Director who shall: (a) Provide general executive assistance and supervision to the offices of the U.S. Attorneys, including: (1) Evaluating the performance of the offices of the U.S. Attorneys, making appropriate reports and inspections and taking corrective action were indicated. (2) Coordinating and directing the relationship of the offices of the U.S. Attorneys with other organizational units of the Department of Justice. (b) Publish and maintain a U.S. Attorneys' Manual and a United States Attorneys' Bulletin for the internal guidance of the U.S. Attorneys' offices and those other organizational units of the Department concerned with litigation. (c) Supervise the operation of the Office of Legal Education, the Attorney General's Advocacy Institute and the Legal Education Institute, which shall develop, conduct and authorize the training of all Federal legal personnel. (d) Provide the Attorney General's Advisory Committee of United States Attorneys with such staff assistance and funds as are reasonably necessary to carry out the Committee's responsibilities (28 CFR 0.10(d)). (e) Establish policy and procedures for the satisfaction, collection, or recovery of criminal fines, special assessments, penalties, interest, bail bond forfeitures, restitution, and court costs in criminal cases consistent with 28CFR I 0.171.

§54d Executive Office for United States Trustees88

Under 28 CFR I 0.37 the Executive Office for United States Trustees shall be headed by a Director appointed by the Attorney General. Under 28 CFR I 0.38 the Director shall have responsibility for assisting the Attorney General and the Deputy Attorney General in supervising and providing general coordination and assistance to United States Trustees. The Director shall perform such duties relating to such functions under the Bankruptcy Reform Act of 1978 and the litigation of US Bankruptcy Courts.

§54e INTERPOL--United States National Central Bureau89

Under 28 CFR I 0.34 The following functions are assigned to the Chief of the United States National Central Bureau, International Criminal Police Organization (INTERPOL--U.S. National Central Bureau), as authorized by statute and within guidelines prescribed by the Department of Justice, in conjunction with the Department of Treasury: (a) Pay a pro rata share to the International Prison Commission under 22 U.S.C. 263a.

87 Executive Office for US Attorneys. http://www.usdoj.gov/usao/eousa/ 88 US Office of Trustees. http://www.usdoj.gov/ust/ 89 INTERPOL. http://www.usdoj.gov/usncb/index.html

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(b) Represent the U.S. National Central Bureau at criminal law enforcement and international law enforcement conferences and symposia. (c) Serve as a member of the Executive Committee of INTERPOL-United States National Central Bureau (INTERPOL-USNCB). (d) Transmit information of a criminal justice, humanitarian, or other law enforcement related nature between National Central Bureaus of INTERPOL member countries, and law enforcement agencies within the United States and abroad; and respond to requests by law enforcement agencies, and other legitimate requests by appropriate organizations, institutions and individuals, when in agreement with the INTERPOL constitution. (e) Coordinate and integrate information for investigations of an international nature and identify those involving patterns and trends of criminal activities. (f) Conduct analyses of patterns of international criminal activities, when specific patterns are observed. (g) Establish and collect user fees to process name checks and background records for licensing, humanitarian and other non-law enforcement purposes.

§54f Community Oriented Policing Services50

(1) Under 28 CFR I 0.119 the Office of Community Oriented Policing Services shall be headed by a Director appointed by the Attorney General. The Director shall report to the Attorney General through the Associate Attorney General.

(2) Under 28 CFR I 0.120 the Director, Office of Community Oriented Policing Services shall: (a) Exercise the powers and perform the functions vested in the Attorney General by title I and subtitle H of title III of the Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322); and (b) Perform such other duties and functions relating to policing and law enforcement as may be specially assigned by the Attorney General or the Associate Attorney General.

(3) Under 28 CFR I 0.121 grant programs administered through the Office of Justice Programs, shall apply with equal force and effect to grant programs administered by the Office of Community Oriented Policing Services.

§55 Office of Justice Programs91

(1) Since the 1984 Justice System Improvement Act 42 US Code Chapter 46 Subchapters 1-15 the Office of Justice Programs has supervised the Bureau of Justice Statistics, the National Institute of Justice and the Office of Juvenile Justice and Delinquency Prevention.

(2) Under 28 CFR I 0.90 The Office of Justice Programs is headed by an Assistant Attorney

590 Community Oriented Policing. http://www.cops.usdoj.gov/ 91 Office of Justice Programs. http://www.ojp.usdoj.gov/

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General appointed by the President. Under the general authority of the Attorney General, the Assistant Attorney General maintains liaison with the provides information to Federal, State, local, and private agencies and organizations on criminal justice matters, and provides staff support to and coordinates the activities of 55a National Institute of Justice92

(3) The National Institute of Justice is headed by a Director appointed by the President. Under the general authority of the Attorney General and reporting through the Assistant Attorney General, Office of Justice Programs, the Director performs functions and administers programs, including provision of financial assistance, under 42 U.S.C. 3721-3723 to support basic and applied research into justice issues.

55b Bureau of Justice Statistics93

Under 28 CFR I 0.93 the Bureau of Justice Statistics, The Bureau of Justice Statistics is headed by a Director appointed by the President. Under the general authority of the Attorney General and reporting through the Assistant Attorney General, Office of Justice Programs, the Director performs functions and administers programs, including provision of financial assistance, under 42 U.S.C. 3731-3734, to provide a variety of statistical services for the criminal justice community.

55c Office of Juvenile Justice and Delinquency Prevention94

Under 28 CFR I 0.94 The Office of Juvenile Justice and Delinquency Prevention is headed by an Administrator appointed by the President. Under the general authority of the Attorney General and reporting through the Assistant Attorney General, Office of Justice Programs, the Administrator performs functions and administers programs, including provision of financial assistance, under 42 U.S.C. 5601 et seq., relating to juvenile delinquency, the improvement of juvenile justice systems and missing children. Their most impressive achievement is the National Juvenile Court Data Archive that compiles statistics for juvenile courts95.

§56 Justice Divisions

There are 7 Divisions to the US Department of Justice that have Assistant Attorney Generals appointed to them (1) Anti-Trust Division, (2) Civil Division, (3) Civil Rights Division, (4) Criminal Division, (5) Environment and Natural Resources Division, (6) Tax Division, and (7) Justice Management Division.

§56a Antitrust Division96

(1) Under 28 CFR I 0.40 The following functions are assigned to and shall be conducted,

92 National Institute of Justice. http://www.ojp.usdoj.gov/nij/ 93 US Bureau of Justice Statistics. http://www.ojp.usdoj.gov/bjs 94 Office of Juvenile Justice and Delinquency Prevention. http://ojjdp.ncjrs.org/ 95 National Juvenile Data Archive. http://ojjdp.ncjrs.org/ 96 Anti-Trust Division. http://www.usdoj.gov/atr/index.html

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handled, or supervised by, the Assistant Attorney General, Antitrust Division: (a) General enforcement, by criminal and civil proceedings, of the Federal antitrust laws and other laws relating to the protection of competition and the prohibition of restraints of trade and monopolization, including conduct of surveys of possible violations of antitrust laws, conduct of grand jury proceedings, issuance and enforcement of civil investigative demands, civil actions to obtain orders and injunctions, civil actions to recover forfeitures or damages for injuries sustained by the United States as a result of antitrust law violations, proceedings to enforce compliance with final judgments in antitrust suits and negotiation of consent judgments in civil actions, civil actions to recover penalties, criminal actions to impose penalties including actions for the imposition of penalties for conspiring to defraud the Federal Government by violation of the antitrust laws, participation as amices curiae in private antitrust litigation; and prosecution or defense of appeals in antitrust proceedings. (b) Intervention or participation before administrative agencies functioning wholly or partly under regulatory statutes in administrative proceedings which require consideration of the antitrust laws or competitive policies, including such agencies as the Civil Aeronautics Board, Interstate Commerce Commission, Federal Communications Commission, Federal Maritime Commission, Federal Energy Regulatory Commission, Federal Reserve Board, Federal Trade Commission, Nuclear Regulatory Commission, and Securities and Exchange Commission, except proceedings referred to any agency by a federal court as an incident to litigation being conducted under the supervision of another Division in this Department. (c) Preparing the approval or disapproval of the Attorney General whenever such action is required by statute from the standpoint of the antitrust laws as a prerequisite to the development of Defense Production Act voluntary programs or agreements and small business production or raw material pools, the national defense program and atomic energy matters. (d) Assembling information and preparing reports required or requested by the Congress or the Attorney General as to the effect upon the maintenance and preservation of competition under the free enterprise system. (e) Preparing for transmittal to the President, Congress, or other departments or agencies views or advice as to the propriety or effect of any action, program or practice upon the maintenance and preservation or competition under the free enterprise system. (f) Representing the Attorney General on interdepartmental or interagency committees concerned with the maintenance and preservation of competition generally and in various sections of the economy and the operation of the free enterprise system and when authorized participating in conferences and committees with foreign governments and treaty organizations concerned with competition and restrictive business practices in international trade. (g) Collecting fines, penalties, judgments, and forfeitures arising in antitrust cases. (h) The Attorney General is authorized to grant export trade certificates in accordance with 15 U.S.C. Chapter 66 §4011-4021.

(2) Under 28 CFR I 0.41 The following functions are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Antitrust Division:

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(a) Institution of proceedings to impose penalties for unjustly or unreasonably discriminating among persons, classes of persons, or localities. (b) Representing the United States before three-judge district courts under title 28 U.S. Code chapter 157 §2321-2325 to enforce, suspend, enjoin, annul, or set aside, in whole or in part, any order of the Interstate Commerce Commission. (c) Representing the United States in proceedings before courts of appeals under 28 U.S.C. chapter 158 §2341-2350. (d) Defending the Secretary of the Treasury (e) Guaranteeing Standby Energy Authority under 42 U.S.C. Chapter 77 §6272-6285.

§56b Civil Division97

(1) Under 28 CFR I 0.45 the following-described matters are assigned to the Assistant Attorney General of the Civil Division: (a) Admiralty and shipping cases--civil and admiralty litigation in any court by or against the United States, its officers and agents, which involves ships, shipping, workmen's compensation, litigation and waiver of claims and tariffs under reciprocal-aid maritime agreements with foreign governments. (b) Court of Federal Claims cases--litigation by and against the United States (c) Civil litigation at the Court of International Trade, pursuant to 28 U.S.C. 1581(i) (d) Fraud cases--civil claims arising from fraud and (gross) negligence 19 U.S.C. 1592 (e) Gifts and bequests to the United States. (f) Patent, copyright, and trademark litigation before the U.S. courts and the Patent Office and the Court of Federal Claims (28 U.S.C. 1498) (g) suits for compensation under the Patent Secrecy Act where the invention was ordered to be kept secret by he government (35 U.S.C. 183), (h) suits for compensation for unauthorized practice of a patented invention in the furnishing of assistance under the Foreign Assistance Act (22 U.S.C. 2356), (i) suits for compensation for the unauthorized communication of restricted data by the Atomic Energy Commission to other nations (42 U.S.C. 2223), (j) Tort cases--defense of tort suits against the United States, Government contractors and Federal employees whose official conduct is involved. (k) Consumer litigation--All civil and criminal litigation and grand jury proceedings arising under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301-397), the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.). (l) All civil litigation arising under the passport, visa and immigration and nationality laws and related investigations and other appropriate inquiries pursuant to all the power and authority of the Attorney General to enforce the Immigration and Nationality Act and all other laws relating to the immigration and naturalization of aliens except all civil litigation, investigations, and advice with respect to forfeitures, return of property actions,

(2) Under 28 CFR I 0.46 The Assistant Attorney General in charge of the Civil Division shall direct all other civil litigation including claims by or against the United States, its agencies or officers, in domestic or foreign courts, special proceedings, and similar civil

97 Civil Division. http://www.usdoj.gov/civil/home.html

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matters not otherwise assigned, and shall employ foreign counsel to represent before foreign criminal courts, commissions or administrative agencies officials of the Department of Justice and all other law enforcement officers of the United States who are charged with violations of foreign law as a result of acts which they performed in the course and scope of their Government service.

(3) Under 28 CFR I 0.48 the Attorney-in-Charge, International Trade Field Office, at 26 Federal Plaza, New York, New York 10007, in the Office of the Assistant Attorney General, Civil Division, is designated to transmit letters of request to foreign tribunals in connection with the United States Court of International Trade. §56c Civil Rights Division98

(1) Under 28 CFR I 0.50 The following functions are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General, Civil Rights Division: (a) Enforcement of all Federal statutes affecting civil rights as it applies to equal employment, including those rights pertaining to religion, elections and voting, public accommodations, public facilities, school desegregation, employment (42 U.S.C. 2000e) (b) Protecting housing, credit, and constitutional and civil rights of Indians arising under 25 U.S.C. 1301 et seq., and of institutionalized persons. (c) Title 18 U.S. Code §591-611, relating to criminal elections and political activities; (d) Title 18 U.S. C. Chapter 13 §241-248 pertaining to criminal aspects of Civil Rights. (e) Requesting and reviewing investigations arising from reports or complaints of public officials or private citizens with respect to matters affecting civil rights. (f) Conferring with individuals and groups who call upon the Department in connection with civil rights matters, advising such individuals and groups thereon, and initiating action appropriate thereto. (g) Coordination within the Department of Justice of all matters affecting civil rights. (h) Consultation with and assistance to other Federal departments and agencies and State and local agencies on matters affecting civil rights. (i) Research on civil rights matters, and the making of recommendations to the Attorney General as to proposed policies and legislation relating thereto. (j) Representation of civil rights to Federal officials in private litigation arising from discrimination on the basis of race, color, or national origin under 42 U.S.C. 2000d. (k) Administration of the Voting Rights Act of 1965, as amended (42 U.S.C. 1973c). (l) Administration of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b). (m) Upon request, Federal Protection certification under 18 U.S.C. §245. (n) The Americans with Disabilities Act of 1990 42 U.S.C. §12101-12213

(2) Under 28 CFR I 0.51 (a) The Assistant Attorney General in charge of the Civil Rights Division shall exercise the authority vested in and perform the functions assigned to the Attorney General by Executive Order 12250 (`Leadership and Coordination of Nondiscrimination Laws'').

98 Civil Rights Division. http://www.usdoj.gov/crt/crt-home.html

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(b) Under paragraph (a) of this section, the Assistant Attorney General in charge of the Civil Rights Division shall be responsible for coordinating the implementation and enforcement by Executive agencies of the nondiscrimination provisions of the following laws: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d ). (ii) Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 ). (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 ). (c) Any other provision of Federal statutory law which provides, in whole or in part, that no person in the United States shall, on the ground of race, color, national origin, handicap, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.

§56d Criminal Division99

(1) Under 28 CFR I 0.55 The following functions are assigned to and shall be conducted, handled, or supervised by, the Assistant Attorney General, Criminal Division: (a) Prosecutions for Federal crimes not otherwise specifically assigned. (b) All criminal and civil litigation under the Controlled Substances Act of 1970 21 USC Chapter 13. (c) Civil petitions for remission or mitigation of forfeitures and civil penalties, in compromise, and related proceedings for prison-made goods (18 U.S.C. §1761-1762). (d) Immigration and Nationality authority under 8 U.S.C. §1182-1183 (e) Coordination of enforcement activities directed against organized crime and racketeering. (f) All civil proceedings seeking exclusively equitable relief against Criminal Division activities including criminal investigations, prosecutions and other criminal justice activities (including without limitation, applications for writs of habeas corpus, deportation or detention under the immigration laws and coram nobis) not supervised by another division (g) International extradition proceedings. (h) Relation of military to civil authority with respect to criminal matters affecting both. (i) §241, 242, , 1201 and 594 of title 18, and §1973i and 1973j of title 42, U.S. Code, insofar as they relate to voting and election matters not involving discrimination or intimidation on grounds of race or color, and §245(b)(1) of title 18 U.S. Code, insofar as it relates to matters not involving discrimination or intimidation on grounds of race, color, religion, or national origin; (j) §245(b)(3) of title 18, U.S. Code, pertaining to forcible interference with persons engaged in business during a riot or civil disorder; and (k) Administrative Subpoenas under 39 U.S.C. §3016 (Postal Reorganization Act).

99 Criminal Division. http://www.usdoj.gov/criminal/criminal-home.html

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(m) Resolving questions that arise as to Federal prisoners held in custody by Federal officers or in Federal prisons, commitments of mentally defective defendants and juvenile delinquents, validity and construction of sentences, probation, and parole. (n) Supervision of matters of Prisoners arising under the Escape and Rescue Act (18 U.S.C. §751, 752), the Fugitive Felon Act (18 U.S.C. §1072, 1073), and the Influencing or Injuring Jurors (18 U.S.C. §1503). (o) Supervision of prisoner release matters arising under the Bail Reform Act of 1966 arrest and release 28 U.S.C.§3041-3063, release and detention pending judicial proceedings 28 U.S.C.§3141-3156. (p) Supervision of matters arising under the Narcotic Addict Rehabilitation Act of 1966 (28 U.S.C. §2901; 42 U.S.C. §3411-3426). (q) Civil proceedings in which the United States is the plaintiff filed under the Organized Crime Control Act of 1970, 18 U.S.C.§1961-1968. (r) Exercise of the authority vested in the Attorney General under 10 U.S.C. §374(b)(2)(E) to approve the use of military equipment by Department of Defense personnel to provide transportation and base of operations supporting connection with a civilian law enforcement operation.

(2) Under 28 CFR I 0.56 The Assistant Attorney General in charge of the Criminal Division is authorized to determine administratively whether the Federal Government has exclusive or concurrent jurisdiction over offenses committed upon lands acquired by the United States, and to consider problems arising there from.

(3) Under 28 CFR I 0.57 The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General are each authorized to exercise the power and authority vested in the Attorney General by §5032 and 5036 of title 18, United States Code, relating to criminal proceedings against juveniles. The Assistant Attorney General in charge of the Criminal Division is authorized to redelegate any function delegated to him under this section to United States Attorneys and to the Chief of the Section within the Criminal Division which supervises the implementation of the Juvenile Justice and Delinquency Prevention Act (18 U.S.C. §5031 et seq.).

(4) Under 28 CFR I 0.59 The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General are each authorized to exercise or perform any of the functions or duties conferred upon the Attorney General by the Act to Compensate Law Enforcement Officers not Employed by the United States Killed or Injured While Apprehending Persons Suspected of Committing Federal Crimes (5 U.S.C. §8191-8193). The Assistant Attorney General in charge of the Criminal Division is authorized to re-delegate any function delegated to him under this section to the Chief of the Section within the Criminal Division which supervises the implementation of the aforementioned Compensation Act.

(5)Under 28 CFR I 0. 61the Criminal Division of the Department of Justice is in charge of…

(a) Enforcement of all criminal laws relating to subversive

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activities and kindred offenses directed against the internal security of the United States, including the laws relating to treason, sabotage, espionage, and sedition; enforcement of the Foreign Assets Control Regulations issued under the Trading With the Enemy Act (31 CFR 500.101 et seq.); criminal prosecutions under the Atomic Energy Act of 1954, the Smith Act, the neutrality laws, the Arms Export Control Act, and 18 U.S.C. §799; and criminal prosecutions for offenses, such as perjury and false statements, arising out of offenses relating to national, airline and space security. (b) Administration and enforcement of the Foreign Agents Registration Act of 1938, as amended; the act of August 1, 1956, (50 U.S.C.§851-858), including the determination in writing that the registration of any person coming within the purview of the act would not be in the interest of national security; and the Voorhis Act. (c) Administration and enforcement of the Homeland Security Act of 2001 (d) Civil proceedings seeking exclusively equitable relief against laws, investigations or administrative actions designed to protect the national security (including without limitation personnel security programs and the foreign assets control program). (e) Enforcement and administration of the provisions of 2 U.S.C. 441e relating to contributions by foreign nationals. (f) Criminal matters arising under the Military Selective Service Act of 1967.

(6) Under 28 CFR I 0.63 (a) The Assistant Attorney General in charge of the Criminal Division and the Deputy Assistant Attorney General, Criminal Division, are each authorized to exercise the power and authority vested in the Attorney General by section 7 of the Central Intelligence Agency Act of 1949, as amended, 50 U.S.C. 403h, with respect to entry of certain aliens into the United States for permanent residence. (b) The Assistant Attorney General in charge of the Criminal Division and the Deputy Assistant Attorneys General, Criminal Division, are each authorized to exercise the power and authority vested in the Attorney General to naturalize aliens demonstrating residence in the United States for the purposes of the Immigration and Nationality Act, 8 U.S.C. §1427.

§56f Environment and Natural Resources Division100

(1) Under 28 CFR I 0.65 the following functions are assigned to the Assistant Attorney General in charge of the Land [Environment] and Natural Resources Division: (a) Civil suits and matters in Federal and State courts (and administrative tribunals), by or against the United States, its agencies, officers, or contractors, or in which the United States has an interest, whether for specific or monetary relief, and also non-litigation matters, relating to: (i) The public domain lands and the outer continental shelf of the United States. (ii) Other lands and interests in real property owned, leased, or otherwise claimed or controlled, or allegedly impaired or taken, by the United States, its agencies, officers, or contractors, including the acquisition of such lands by condemnation proceedings or otherwise, (iii) The water and air resources controlled or used by the United States, its agencies, officers, or contractors,

100 Environment and Natural Resources Division. http://www.usdoj.gov/enrd/

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(iv) The other natural resources in or related to such lands, water, and air, (b) Rendering opinions as to the validity of title to all lands acquired by the United States, except as otherwise specified by statute. (c) Civil and criminal suits and matters involving air, water, noise, and other types of pollution, the regulation of solid wastes, toxic substances, pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act, and the control of the environmental impacts of surface coal mining. (d) Civil and criminal suits and matters involving obstructions to navigation, and dredging or filling (33 U.S.C. § 403 ). (e) Civil and criminal suits and matters arising under the Atomic Energy Act of 1954 (42 U.S.C. § 2011 ) insofar as it relates to the prosecution of violations committed by a company in matters involving the licensing and operations of nuclear power plants. (f) Civil and criminal suits and matters relating to the natural and biological resources of the coastal and marine environments, the outer continental shelf, the fishery conservation zone and, where permitted by law, the high seas. (g) Performance of the Secretary of the Interior under the authority of the Surface Mining Control and Reclamation Act of 1977, section 201(f), 91 Stat. 450, and contained in 30 CFR part 706. (h) Conducting the studies of processing sites required by section 115(b) of the Uranium Mill Tailings Radiation Control Act of 1978, publishing the results of the studies and furnishing the results thereof to the Congress. (i) Criminal suits and civil penalty and forfeiture actions relating to wildlife law enforcement under the Endangered Species Act of 1973 (16 U.S.C.§1531-1544); the Lacey Act and related provisions (18 U.S.C. §41-48); the Airborne Hunting Act (16 U.S.C. §742j-1); the Migratory Bird Act (16 U.S.C. §701); the Wild Horses and Wild Burros Act (16 U.S.C. §1331-1340); the Bald and Golden Eagle Protection Act (16 U.S.C.§668-668d); and the Fish and Wildlife Coordination Act (16 U.S.C.§661-667d).

(2) Under 28 CFR I 0.66 (a) The Assistant Attorney General in charge of the Land {Environment]and Natural Resources Division or such members of his staff as he may specifically designate in writing, are authorized to sign the name of the Attorney General to opinions on the validity of titles to property acquired by or on behalf of the United States, except those which, in the opinion of the Assistant Attorney General involve questions of policy or for any other reason require the personal attention of the Attorney General. (b) the Assistant Attorney General in charge of the Land and Natural Resources Division is authorized: (i) To exercise the Attorney General's power of delegating to other departments and agencies his (the Attorney General's) responsibility for approving the title to lands acquired by them, (ii) With respect to delegations so made to other departments and agencies, to exercise the Attorney General's function of general supervision regarding the carrying out by such departments and agencies of the responsibility so entrusted to them, and (iii) To promulgate regulations and any appropriate amendments thereto governing the approval of land titles by such departments and agencies.

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(3) Under 28 CFR I 0.68 The Assistant Attorney General in charge of the Land [Environment] and Natural Resources Division, and such members of his staff as he may specifically designate in writing, are authorized to execute the power and authority of the Attorney General under the provisions of section 3 of the act of August 7, 1947, 61 Stat. 914, 30 U.S.C.§ 352, respecting the leasing of minerals on lands under the jurisdiction of the Department of Justice.

§56g Tax Division102

(1) Under 28 CFR I 0.70 the following functions are assigned to the Assistant Attorney General, Tax Division:

(a) Prosecution and defense in all courts, other than the Tax Court, of civil suits, and the handling of other matters, arising under the internal revenue laws, and litigation resulting from the taxing provisions of other Federal statutes

(b) Criminal proceedings arising under the internal revenue laws, (c) Enforcement of tax liens, and mandamus, injunctions, and other special actions or general matters arising in connection with internal revenue matters. (d) Defense of actions arising under of title 28 U.S.C.§2410 whenever the United States is named as a party to an action as the result of the existence of a Federal tax lien. (e) Petitions to review decisions of the Tax Court of the United States.

(2) Under 28 CFR I 0.71 The Assistant Attorney General in charge of the Tax Division is Authorized to handle matters involving the immunity of the Federal Government from State or local taxation and State or local taxation involving contractors performing contracts for or on behalf of the United States.

§56h Justice Management Division103

(1) Under 28 CFR I 0.75 the Assistant Attorney General for Administration shall head the Justice Management Division and shall provide advice relating to basic Department policy for budget and financial management, program evaluation, auditing, personnel management and training, procurement, information processing and telecommunications, security and for all matters pertaining to organization, management, and administration.

The following matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General for Administration: (a) Conduct, direct, review, and evaluate management studies and surveys of the Department's organizational structure, functions, and programs, operating procedures and supporting systems, and management practices throughout the Department; and make recommendations to reduce costs and increase productivity.

102 Tax Division. http://www.usdoj.gov/tax/ 103 Justice Management Division. http://www.usdoj.gov/jmd/

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(b) Supervise, direct, and review the preparation, justification and execution of the Department of Justice budget, including the coordination and control of the programming and reprogramming of funds. (c) Review, analyze, and coordinate the Department's programs and activities to ensure that the Department's use of resources and estimates of future requirements are consistent with the policies, plans, and mission priorities of the Attorney General. (d) Plan, direct, and coordinate Department-wide personnel management programs, and develop and issue Department-wide policy in all personnel program areas, including training, position classification and pay administration, staffing, employee performance evaluation, employee development, employee relations and services, employee recognition and incentives, equal employment opportunity programs, including the equal opportunity recruitment program (5 U.S.C. §7201), personnel program evaluation, labor management relations, adverse action hearings and appeals, employee grievances, and employee health programs. (e) Develop and direct Department-wide financial management policies, programs, procedures, and systems including financial accounting, planning, analysis, and reporting. (f) Supervise and direct the operation of the Department's central payroll system, automated information services, publication services, library services and any other Department-wide central services which are established by or assigned to the Justice Management Division. (g) Formulate and administer the General Administration Appropriation of the Department's budget. (h) Formulate Department-wide audit policies, standards and procedures; develop, direct and supervise independent and comprehensive internal audits, including examinations authorized by 28 U.S.C.§526, of all organizations, programs, and functions of the Department, and audits of expenditures made under the Department's contracts and grants to ensure compliance with laws, regulations and generally accepted accounting principles; economy and efficiency in operation; and that desired results are being achieved. (i) Develop and direct a Department-wide directives management program and administer the directives management system. (j) Plan, direct, administer, and monitor compliance with Department-wide policies, procedures, and regulations concerning records, reports, procurement, printing, graphics, audiovisual activities (including the approval or disapproval of production and equipment requests), forms management, supply management, motor vehicles, real and personal property, space assignment and utilization, and all other administrative services functions. (k) Formulate Department policies, standards, and procedures for information systems and the management and use of automatic data processing equipment; review the use and performance of information systems with respect to Department objectives, plans, policies, and procedures; provide technical leadership and support to new Department-wide information systems; review and approve all contracts for information processing let by the Department, and provide the final review and approval of systems and procedures and standards for use of data elements and codes. (l) Formulate policies, standards, and procedures for Department telecommunications systems and equipment and review their implementation.

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(m) Provide computer and digital telecommunications services on an equitable resource-sharing basis to all organizational units within the Department. (n) Formulate Department policies for the use of consultants and non-personal service contracts, review, and approve all non-personal service contracts, and review the implementation of Department policies. (o) Serve as liaison with state and local governments on management affairs, and coordinate the Department's participation in Federal regional interagency bodies. (p) Direct all Department security programs including personnel, physical, document, information processing and telecommunications, special intelligence, and employee health and safety programs and formulate and implement Department defense mobilization and contingency planning. (q) Review legislation for potential impact on the Department's resources. (r) Develop and implement a legal information coordination system for the use of the Department of Justice and, as appropriate, the Federal Government as a whole.

§57a Federal Bureau of Investigation104

(1) Under 28 CFR I 0.85 the Director of the Federal Bureau of Investigation shall:(a) Investigate violations of the laws, of the United States and collect evidence in cases

in which the United States is or may be a party in interest. (b) Conduct the acquisition, collection, exchange, classification and preservation of fingerprints and identification records from criminal justice and other governmental agencies, including fingerprints voluntarily submitted by individuals for personal identification purposes; provide expert testimony in Federal, State and local courts as to fingerprint examinations; and provide fingerprint training and provide identification assistance in disasters and for other humanitarian purposes. (c) Conduct personnel investigations requisite to the work of the Department of Justice and whenever required by statute or otherwise. (d) Carry out the Presidential directive of September 6, 1939, as reaffirmed by Presidential directives of January 8, 1943, July 24, 1950, and December 15, 1953, designating the Federal Bureau of Investigation to take charge of investigative work in matters relating to espionage, sabotage, subversive activities, and related matters. (e) Establish and conduct law enforcement training programs to provide training for State and local law enforcement personnel; operate the Federal Bureau of Investigation National Academy; develop new approaches, techniques, systems, equipment, and devices to improve and strengthen law enforcement and assist in conducting State and local training programs, pursuant to section 404 of the Omnibus Crime Control and Safe Streets Act of 1968, 82 Stat. 204. (f) Operate a central clearinghouse for police statistics under the Uniform Crime Reporting Program, and a computerized nationwide index of law enforcement information under the National Crime Information Center. (g) Operate the Federal Bureau of Investigation Laboratory to serve not only the Federal Bureau of Investigation, but also to provide, without cost, technical and scientific assistance, including expert testimony in Federal or local courts, for all duly constituted law enforcement agencies, other organizational units of the Department of Justice, and

104 Federal Bureau of Investigation. http://www.fbi.gov/

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other Federal agencies, which may desire to avail themselves of the service. As provided for in procedures agreed upon between the Secretary of State and the Attorney General, the services of the Federal Bureau of Investigation Laboratory may also be made available to foreign law enforcement agencies and courts. (h) Make recommendations to the Office of Personnel Management in connection with applications for retirement under 5 U.S.C.§8336(c). (i) Investigate alleged fraudulent conduct in connection with operations of the Department of Housing and Urban Development and other alleged violations of the criminal provisions of the National Housing Act, including 18 U.S.C.§1010. (j) Exercise the power and authority vested in the Attorney General to approve and conduct the exchanges of identification records enumerated at Sec. 50.12(a) of this chapter. (k) Payment of awards to witnesses and informants, from $500 to over $10,000 towards a forfeiture fund of $100,000 under 28 U.S.C.§524(c)(2) (l) Exercise Lead Agency responsibility in investigating all crimes for which it has primary or concurrent jurisdiction and which involve terrorist activities or acts in preparation of terrorist activities within the statutory jurisdiction of the United States. Within the United States, this would include the collection, coordination, analysis, management and dissemination of intelligence and criminal information as appropriate. If another Federal agency identifies an individual who is engaged in terrorist activities or in acts in preparation of terrorist activities, that agency is requested to promptly notify the FBI. Terrorism includes the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. (m) Carry out the Department's responsibilities under the Hate Crime Statistics Act. (n) To accept from federal departments and agencies the services of law enforcement personnel to assist the Department of Justice in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and to coordinate the activities of such law enforcement personnel in the conduct of such investigations and prosecutions. (o) Carry out the responsibilities conferred upon the Attorney General under the Communications Assistance for Law Enforcement Act, Title I of Pub. L. 103-414 (108 Stat. 4279), subject to the general supervision and direction of the Attorney General.

§57b Bureau of Prisons105

(1) Under 28 CFR I 0.95 The Director of the Bureau of Prisons shall direct all activities of the Bureau of Prisons including: (a) Management and regulation of all Federal penal and correctional institutions and prison commissaries (including military prisons). (b) Provision of suitable quarters for, and safekeeping, care, and subsistence of, all persons charged with or convicted of offenses against the United States or held as witnesses or otherwise. (c) Provision for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States.

105 Federal Bureau of Prisons. http://www.bop.gov/

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(d) Classification, commitment, control, or treatment of persons committed to the custody of the Attorney General. (e) Payment of rewards with respect to escaped Federal prisoners (18 U.S.C.§3059). (f) Certification with respect to the insanity or mental incompetence of a prisoner whose sentence is about to expire pursuant to title 18U.S.C.§4247. (g) Entering into contracts with State officials for the custody, care, subsistence, education, treatment, and training of State prisoners, upon certification with respect to the availability of proper and adequate treatment facilities and personnel, pursuant to section 18U.S.C.§5003. (h) Conduct and prepare, or cause to be conducted and prepared, studies and submit reports to the court and the attorneys with respect to disposition of cases in which juveniles have been committed, pursuant to 18 U.S.C. §5037, and to contract with public or private agencies or individuals or community-based facilities for the observation and study and the custody and care of juveniles, pursuant to 18 U.S.C. §5040. (i) Conduct of examinations to determine whether an offender is an addict, mentally ill or a sexual offender who is likely to be rehabilitated through treatment, as well as the preparation and submission of reports to committing courts. (j) Transfer of prisoner to appropriate hospital pursuant to 18U.S.C.§4245. (k) Providing technical assistance to State and local governments in the improvement of their correctional systems (18 U.S.C. §4042).

(2) Under 28 CFR I 0.96 The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control, or treatment of persons (including insane prisoners and juvenile delinquents) charged with or convicted of offenses against the United States, including the taking of final action in the following-described matters:

(a) Requesting the detail of Public Health Service officers for the purpose offurnishing services to Federal penal and correctional institutions (18 U.S.C. §4005).

(b) Payment of claims less than $1,000 by officers losing property (31 U.S.C. §3722)(c) Designating places of imprisonment or rehabilitation where the sentences of prisoners shall be served and ordering transfers from one institution to another, whether maintained by the Federal Government or otherwise, 18 U.S.C.§4082b

(d) Designation of agents for the transportation of prisoners (18 U.S.C. §4008). (e) Performing the functions of the Attorney General under the provisions of Offenders with Mental Disease or Defect (18 U.S.C. §4241-4247). (f) Settlement of claims arising under the Federal Tort Claims Act as provided in 28 CFR 0.172. (g) Entering into reciprocal agreements with fire organizations for mutual aid and rendering emergency assistance in connection with extinguishing fires within the vicinity of a Federal correctional facility, as authorized by sections 2 and 3 of the Act of May 27, 1955 (42 U.S.C. §1856a, 1856b). (h) Prescribing rules and regulations applicable to the carrying of firearms by Bureau of Prisons officers and employees (18 U.S.C. §3050). (i) Promulgating rules governing the control and management of Federal penal and correctional institutions and providing for the classification, government, discipline,

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treatment, care, rehabilitation, and reformation of inmates confined therein (18 U.S.C. §4001, §4041, and §4042). (j) Granting permits to states or public agencies for rights-of-way upon lands administered by the Director in accordance with the provisions of 43 U.S.C.§931c, §961; 18 U.S.C. §4001, §4041, §4042. (k) Authority under the provisions of 18 U.S.C. §4082(b) to provide law enforcement representatives with information on Federal prisoners who have been convicted of felony offenses and who are confined at a residential community treatment center located in the geographical area in which the requesting agency has jurisdiction. (l) Approving inmate disciplinary and good time regulations (18 U.S.C. §3624). (m) Contracting, for a period not exceeding three years, with the proper authorities of any State, Territory, or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of persons convicted of offenses against the United States (18 U.S.C. §4002).

(3) Under 28 CFR I 0.99 The Board of Directors of Federal Prison Industries, or such officer of the corporation as the Board may designate, may exercise the authority vested in the Attorney General by 18U.S.C.§4126, as amended, to prescribe rules and regulations governing the payment of compensation to inmates of Federal penal and correctional institutions employed in any industry, or performing outstanding services in institutional operations, and to inmates or their dependents for injuries suffered in any activity connected with the maintenance of operation of the institution where confined.

§57c Drug Enforcement Administration106

(1) Under 28 CFR I 0.100 the Administrator of the Drug Enforcement Administration supervises the law enforcement of the Comprehensive Drug Abuse Prevention and Control Act of 1970 21USC Chapter 13.

(2) Under 28 CFR I 0.101the Administrator of the Drug Enforcement Administration shall be responsible for: (a) The development and implementation of statistical, education and treatment programs throughout the Federal Government for the enforcement of Federal drug laws and for cooperation with State and local governments in the enforcement of their drug abuse laws. (b) The development and maintenance of a National Narcotics Intelligence System in cooperation with Federal, State, and local officials, and the provision of narcotics intelligence to any Federal, State, or local official that the Administrator determines has a legitimate official need to have access to such intelligence. (c) The development and implementation of a procedure to release property seized under section 511 of the Controlled Substances Act (21 U.S.C. §881) to any innocent

106 Drug Enforcement Administration. http://www.usdoj.gov/dea/

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party having an immediate right to possession of the property, when the Administrator, in his discretion, determines it is not in the interests of justice to initiate forfeiture proceedings against the property. (d) Payment of awards (including those over $10,000) under 28 U.S.C. §524 and purchase of evidence (including the authority to pay more than $100,000).

§57d Bureau of Justice Assistance107

(1) Under 28 CFR 0.94-1 (a) The Bureau of Justice Assistance is headed by a Director appointed by the Attorney General. Under the general authority of the Attorney General and reporting through the Assistant Attorney General, Office of Justice Programs, the Director performs functions and administers programs, including provision of financial assistance, under 42 U.S.C. §3741-3742, §3750-3766b; §3769, relating to the administration of State and local criminal justice systems. The Director also administers the Public Safety Officers' Death Benefits Program under 42 U.S.C. §3796. (b) Subject to the authority and direction of the Attorney General, the Director of the Bureau of Justice Assistance is authorized to exercise the power and authority vested in the Attorney General by Executive Order No. 11755 of December 29, 1973, 39 FR 779, with respect to work-release laws and regulations.

§57e United States Marshals Service108

(1) Under 28 CR I 0.111 The Director of the United States Marshals Service shall direct and supervise all activities of the U.S. Marshals Service including: (a) Execution of Federal arrest warrants pursuant to rule 4 of the Federal Rules of Criminal Procedure,

(b) The service of all civil and criminal process emanating from the Federal judicial system

(c) Re-employment at the same pay grade if laid off in good behavior pursuant to 28U.S.C.§569(b)

(d) Provisions for the health, safety, and welfare of Government witnesses and their families, including the psychological well-being and social adjustment of such persons, pursuant to 18 U.S.C. §3521. (e) Administration and implementation of courtroom security requirements for the Federal judiciary. (f) Protection of Federal jurists, court officers, witnesses, defendants and other threatened persons in the interests of justice whereas criminal intimidation impedes the functioning of the Federal judicial process. (g) Provision of assistance in the protection of Federal property and buildings. (h) Direction and supervision of a training school for United States Marshals Service personnel. (i) Disbursement of appropriated funds to satisfy Government obligations incurred in the administration of justice.

107 Bureau of Justice Assistance. http://www.ojp.usdoj.gov/BJA/ 108 US Marshall’s Service. http://www.usdoj.gov/marshals/

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(j) Maintenance of custody, management control, and disposal of property and money seized or forfeited pursuant to any law enforced or administered by the Department of Justice, when the property is seized by the U.S. Marshals Service or delivered to the U.S. Marshals Service in accordance with regulations; and administer the Department of Justice Asset Forfeiture Fund. (k) Receipt, processing and transportation of prisoners held in the custody of a marshal or transported by the U.S. Marshals Service under cooperative or intergovernmental agreements. (l) Sustention of custody of Federal prisoners from the time of their arrest by a marshal or their remand to a marshal by the court, until the prisoner is committed by order of the court to the custody of the Attorney General for the service of sentence, otherwise released from custody by the court, or returned to the custody of the U.S. Parole Commission or the Bureau of Prisons. (m) Coordination and direction of the relationship of the offices of U.S. Marshals with the other organizational units of the Department of Justice. (n) Approval of staffing requirements of the offices of U.S. Marshals. (o) Investigation of alleged improper conduct on the part of U.S. Marshals Service personnel. (p) Acquisition of adequate and suitable detention space, health care and other services and materials required to support prisoners under the custody of the U.S. Marshal who are not housed in Federal facilities. (q) Approval of ``other necessary expenditures in the line of duty'' of U.S. Marshals and Deputy U.S. Marshals under 28 U.S.C. §567(3) (r) Exercising the delegate authority vested in the Attorney General under 28 U.S.C. §510 to conduct and investigate fugitive matters, domestic and foreign, involving escaped federal prisoners, probation, parole, mandatory release, and bond default violators.§57f U.S. Parole Commission109

(1) Under 28 CFR I 0.124 The U.S. Parole Commission is composed of nine Commissioners of whom one is designated Chairman. The Commission: (a) Has authority, to grant, modify, or revoke paroles of eligible U.S. prisoners serving sentences of more than 1 year, and is responsible for the supervision of parolees and prisoners mandatorily released prior to the expiration of their sentences, and for the determination of supervisory conditions and terms; (b) Has responsibility in cases in which the committing court specifies that the Parole Commission shall determine the date of parole eligibility of the prisoner; (c) Has responsibility for determining, in accordance with the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.§504), whether the service as officials in the field of organized labor or in labor oriented management positions of persons convicted of certain crimes is contrary to the purposes of that act; and (d) Has responsibility under the Employee Retirement Income Security Act of 1974 (29 U.S.C.§1111), for determining whether persons convicted of certain crimes may provide services to, or be employed by, employment benefit plans.

109 US Parole Commission. http://www.usdoj.gov/uspc/

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(2) Under 28 CFR I 0.125 the Chairman of the United States Parole Commission shall make any temporary assignment of a Commissioner to act as Vice Chairman, National Appeals Board member, or Regional Commissioner in the case of an absence or vacancy in the position, without the concurrence of the Attorney General.

(3) Under 28 CFR I 0.127 the U.S. Parole Commission is authorized to exercise the authority to make a finding that a parolee is unable to pay a fine in whole or in part and to direct release of such parolee based on such finding.

§57g Foreign Claims Settlement Commission110

(1) Under 28 CFR I 0.128 the Foreign Claims Settlement Commission of the United States is a separate agency within the Department of Justice that investigates claims of US citizens against foreign countries. It is composed of a full-time Chairman, and two part-time Commissioners. All functions, powers, and duties of the Commission not directly related to adjudicating claims are vested in the Chairman of the Commission, including the functions set forth in section 3 of Reorganization Plan No. 1 of 1954 and the authority to issue rules and regulations. The Attorney General provides necessary administrative support and services to the Commission. §58 Department of Homeland Security111

(a) The creation of the Department of Homeland Security (DHS) in 2001 was the most significant transformation of the U.S. government since 1947, when various branches of the U.S. Armed Forces merged into the Department of Defense to better coordinate the nation's defense against military threats and improve the dissemination of immigration and customs information by consolidating. DHS represents a similar consolidation whereby, 22 previously disparate domestic agencies were consolidated into one department called the Department of Homeland Security. The four agencies of the Department of Justice that were incorporated into the Department of Homeland Security are …

1. Bureau of Citizenship and Immigration Services112

2. Bureau of Customs and Border Protection113

3. Bureau of Immigration and Customs Enforcement 114

4. Office of Immigration Statistics115

Article 4 State Courts

§59 State Supreme Courts

110 Foreign Claims Settlement Commission. http://www.usdoj.gov/fcsc/ 111 Department of Homeland Security. http://www.dhs.gov/dhspublic/ 112 Bureau of Citizenship and Immigration Services. http://www.immigration.gov/graphics/index.htm 113 Bureau of Customs and Border Protection. http://cbp.customs.gov/ 114 Bureau of Immigration and Customs Enforcement. http://www.bice.immigration.gov/graphics/index.htm 115 Bureau of Immigration Statistics. http://www.immigration.gov/graphics/shared/aboutus/statistics/index.htm

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(1)The Supreme Courts of the 50 states are the highest courts in their respective state and act in accordance with their state constitution & code116 that are drafted within the constraints of Federal Law. State Supreme Court Justices appoint many of the state administrators, review habeas corpus, prohibitions, mandamus, precedendo and have original jurisdiction in cases regarding the behavior of state officials. The Supreme Courts publish all rules and regulations governing attorneys and judges licensed by their state.

(2)State Supreme Courts are led by the Conference of Chief Justices117. Justices are paid an average of $150,000 per year who in turn pay Appeals Court Judges $125,000 per year, County Judges $100,000 per year and Municipal Judges $50,000. Judges and Justices are democratically elected for 3-15 year terms. Most states have a state court of claims to settle tort claims against the state. 

(3)The appeals process in the state courts follows a hierarchical structure similar to the Federal Judiciary whereby municipal courts, county circuit courts or county common pleas courts appeal to circuit or district courts that in turn may petition the State Supreme Court from whence the US Supreme Court may be petitioned for a writ of certiorari.

(4)The National Center for State Courts118 represents the state courts nationally.

§59a County Courts

The majority of the 93 million judicial cases filed in 2001 were processed by 15,555 state trial courts operating under the supervision of the county; 13,515 were of limited jurisdiction and 2,040 of general jurisdiction, operated by 29,266 judges. 6 states have developed what they call a unified jurisdiction rather than a general jurisdiction that permits these courts to hear 88% civil cases rather than 60% civil cases while dramatically reducing mental health cases. The County Courts are the trial courts where defendants may contest their charges and the prosecution can make their case. The principal subdivisions of the County Court are the Criminal Division, Civil Division and Traffic Division.

§59b Criminal Division

The Criminal Division detains, indicts, posts bond, holds jury trials, sentences, dismisses charges, confines, posts bail, and supervises state and county jails and releases prisoners in accordance with state criminal and correction statutes that are drafted under federal criminal law as set forth in Title 18U.S.C. In 2001 14.1 million criminal cases were filed. In the two tier court system misdemeanor cases are tried in the lower court while felonies are indicted in the lower court and tried in the higher court. In the unified jurisdiction

116 State Code and Constitutions. http://www.law.cornell.edu/states/listing.html 117 Conference of Chief Justices. http://ccj.ncsc.dni.us/ 118 National Center for States Courts. http://www.ncsconline.org/

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cases are heard by one court. The number of criminal filings are directly correlated to the population of the state, the median number of filings per 100,000 is roughly 1,441. Only 3% of criminal cases are resolved in trial, guilty pleas dispose of 65% of cases and 25% of cases are dismissed or the prosecutor refuses to prosecute nolle prosequi123. Felonies are the more serious crimes and usually come with more than 1 year of jail time, between 1987-2001 felony filings rose 49% to a yearly total of 2.5 million119.

§59c Civil Division

The Civil Division hears claims of a civil nature. Typically Small Claims Court hears cases involving sums of money less than $1,000, the county court hears cases involving sums less than $10,000, the state district or circuit court hears cases involving sums typically less than $25,000 and federal district court sums in private civil claims up to $50,000. In 2001 15.8 million cases were filed with the civil division. The majority of civil filings deal with tenant/landlord relations and small claims. Tort filings that are conducted roughly in accordance with 28U.S.C.§2671-2680 regarding medical malpractice, defamation, insurance premiums and claims against the state have hovered around 250,000 yearly. 57% of automobile insurance premium cases resulted in a +/-$18,000 settlement whereas on 27% of medical malpractice cases resulted in +/-287,000 compensation. There are roughly 250,000 contract cases in any given year that deal with breach of contract, such as debt collection. In 2001 the highest settlement was a $28 billion tobacco product liability tort.

§59d Traffic Division

Traffic Courts hears cases under the supervision of the National Highway Traffic Safety Commission regarding the traffic tickets, driving under the influence 23USC§408 makes decisions regarding points on a persons license 23 CFRPart1327, fines, the roadworthiness of vehicles and compliance with the Manual on Uniform Traffic Control Devices 23CFR655.601. In 2001 there were 55.7 million traffic cases filed, roughly half of them were heard in traffic courts because the defendant wished to contest the case or had difficulty paying. Traffic court is the most frequently filed of all courts.

§59f Appellate Court

Appellate Courts hear cases disposed of by the trial courts to guarantee fairness, constitutional trials and justice by providing for the judicial review of the decisions of the trial court. There are two types of appellate courts (1) intermediate courts of appeal and (2) courts of last resort. For the initial term 47% of judges are appointed and 53% are elected, only 43% are retained for a second term. Appellate Courts provide an important opportunity to remedy errors of the trial court. Only 11 small jurisdictions function without an appellate court. In 2001 276,408 cases were filed with the Appellate Courts.

123 NCSC. Criminal Filings. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Criminal.pdf 119 NCSC. Felony Filings. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Felony.pdf

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68% of these cases were mandatory appeals by leave of the court and 32% were discretionary appeals of right120.

§60a Municipal Court

Municipal Courts are found in all but the smallest of towns. The Municipal Court enforces misdemeanor criminal and traffic offences against city code and passes judgment in civil cases valued less than $1,000. The municipal court indicts felons with the grand jury for prosecution in a county court of general or unified jurisdiction. §60b Drug Court

There are currently 1,200 specialized Drug Courts in operation or planned in the United States eligible for drug court grants under the 1994 Omnibus Crime and Safe Street Act 42U.S.C.§3789d upholding Drug Abuse Prevention, Treatment and Rehabilitation 21U.S.C.Chapter 16. Since the inception of drug courts in 1989 drug court programs have treated 300,000 drug addicts and 71% of them have either quit or continue to participate in programs. Drug courts have been proven to reduce recidivism to 4-21% rather 49% for drug offenders who are not professionally treated. Drug offenders continue to account for 21% of state sentencing and 57% of sentenced federal inmates. Severe drug addiction and crime are distinctly related and the average severe addict commits 63 crimes a year, 16% of prison inmates report to have committed crimes to support their drug addiction. The drug court provides a much less expensive and more effective method of treating people for their drug addiction both reducing the cost of correctional care, usually +/-25,000 a year to +/-$4,000 a year and greatly decreasing recidivism121.

§60c Probate Court

Probate Court was typically the first court to be established in colonial and frontier states and is still the official compiler of vital records, ie. The county clerk, in some Eastern seaboard states. The National College of Probate Judges122 was founded in 1968 to exchange information regarding Probate Courts to Probate Judges in the United States. Probate Courts have a diverse jurisdiction that intersects with many aspects of life, they,

(i) issue marriage certificates in accordance with state marriage statute (ii) administer and appoint executors for wills, 24U.S.C.§420(iii) trusts for the mentally ill 42 U.S.C. §1396p(iv) issue affidavit mentally ill (ami) civil commitment warrants for placing the mentally ill in mental institutions (mi) that has come under scrutiny of the Court as community based care upholds the Mental Health Bill of Rights 42U.S.C§9501 far better than institutionalization that is often abused by parents and lovers receiving poor counseling.

120 NCSC. Appellate Courts. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Appellate.pdf 121 NCJRS. Drug Courts. http://www.ncjrs.org/drug_courts/summary.html 122 National College of Probate Courts. http://www.ncpj.org/

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(v) approve of adoptions and appoint guardians for children and incompetents relying upon the wishes of the child and witnesses by as many relatives as is feasible in accordance with 42USC Chapter 67 Subchapter II (vi) provide duplicate legal forms for the national census such as name changes, births and paternity.

§60d Juvenile Court

(1) Juvenile Courts are led nationally by the Office of Juvenile Justice and Delinquency Prevention123. They operate primarily in accordance with 42USC Chapter 72 The jurisdiction of the Juvenile Court can be subdivided into three major subdivisions…

(i) juvenile delinquency proceedings to try juveniles for their crimes as set forth in 18U.S.C. Part IV Correction of Juvenile Offenders (ii) interstate family support to provide for the support of single parents by billing the absentee parent in accordance with 42USC§666 unless the father (or absent mother) is too poor to afford child support requiring the court to request Temporary Assistance for Needy Families (TANF) from the state under 42USC§601 if the caregiver is in need of assistance to pay for their basis subsistence as the result of time involved in child care.(iii) custodial determinations between competing parents and between parents and the state as the result of neglect and abuse in accordance with the wishes and best interest of the child. The Court must contact the extended family to find a relative who can take care of the child who the child would like to live with. Institutionalization is fundamentally negligent and abusive and should be used only as a last resort and with a full spectrum of appeals available for care giving relatives, foster families and the child to appeal their institutionalization and be placed in a safe home with a relative or friend.

(2) In 2001 2 million cases were filed in Juvenile Courts a decrease of 100,000 from 1998 primarily due to stricter pre-adjudication screening. 61% of these cases involve criminal charges that are treated as juvenile delinquency proceedings, 20% are child victim cases where the state prosecutes the parents and removed the child into the custody of the state, 16% were status offenses such as runaways and truants who are typically sent to foster care, counseling or placed on probation. Of the 1,673,042 delinquency offenders 23.1% were regarding personal offenses, 42.2% property, 11.4% drugs and 23.2% for public order offences124. An alternative Juvenile Court is called Children Court.

§60e Domestic Relations Court

(1) The principal function of Domestic Relations and Family Courts is to conduct divorce proceedings in accordance with the divorce laws of the state125. As divorce involves the separation two people who have become financially and psychologically dependent upon each other the Family Court is also responsible for…

123 Office of Juvenile Justice and Delinquency Prevention. http://ojjdp.ncjrs.org/ 124 Juvenile Filings. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Juvenile.pdf 125 LII. State Divorce Laws. http://www.law.cornell.edu/topics/Table_Divorce.htm

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(i) child custody determinations make arrangements for visitation, housing and care of the child as defined by 28USC§1738A and in accordance with the wishes and best interest of the child. (ii) interstate family support cases to provide for the support of single parents by billing the absentee parent in accordance with 42USC§666 unless the father (or absent mother) is too poor to afford child support requiring the court to request Temporary Assistance for Needy Families (TANF) from the state under 42USC§601 if the caregiver is in need of assistance to pay for their basis subsistence as the result of time involved in child care. (iii) alimony is a consideration in divorce proceedings where on spouse faces a decrease in their standard of living and their former spouse can afford to make some payments.(iv) adoption of children is conducted under 42USC Chapter 67 Subchapter II

(2) To accommodate the high divorce rates in the United States where more than 50% of marriages end in divorce the Domestic Relations and Family Courts processed 5.3 million cases in 2001. Despite the prevalence of divorce, the parental makeup of families is 7% father, 23% single mother and 70% married couples. 935,000 of 2001 filings in 2001 were regarding the custody of children, 88,928 of cases filed were regarding Interstate Family Support, 800,000 regarding divorce, 250,000 paternity and 73,000 regarding Adoption. Between 1996 and 2001 filings of domestic violence rose 16% from 521,000 to 602,000 in reporting states126.

Article 5 Employees

§61 The Clerk

(1) The Clerk of Court monitors all the activities of judiciary by indexing the decisions and judgments of the court, information provided by deputies and the transportation to and from correctional facilities. The County Clerk is an elected office that publishes all of the decisions of the Common Pleas and Appeals Judges and manages many of the licensing accounts of the county including, in many states, the election of county officials. Probate Court, Juvenile Court and U.S. District Court have independent clerks and require integration into the County Clerk’s internet index to be more effectively published in order to prohibit kidnapping resulting from the absence of public records that is often accompanied with non-responsive officials willing to hold their tongue to abduct children, mental incompetents and drug offenders. Although the judges do the decision-making, the Clerk supervises all the judges and deputies in their jurisdiction and is the Clerk is holder of county funds allotted to the judiciary that are dispensed in accordance with the approval of the judges and the budgets of county organizations.

(2) The Bureau of Labor Statistics estimates that there are 2,362,860 people with a legal occupation in the United States averaging a mean annual salary of $66,780.  1,504,540 people were law enforcement officers making an average of $54,455 a year. 464,250 of

126 Domestic Relations. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Dom_Relations.pdf

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these people are lawyers who make an average of $90,360 per year.  27,250 are Administrative Law Judges, Adjudicators and Hearing Officers who make an average of $51,580 per year.  6,260 are Arbitrators, Mediators and Conciliators making an average of $70,310 per year.  23,150 are Judges, Magistrates and prosecutors who make an average of $67,150 per year.  175,870 are paralegals and legal assistants making an average of $36,550 per year.  17,460 are Court Reporters making an average of $38,040.  26,060 are law clerks making an average of $29,280 per year.  38,730 are Title Examiners, Abstractors and Searchers making an average of $30,880.

(3) Under 28USCIII(57)Sec. 951 each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: ''I, _ _ _ _ _ _, having been appointed _ _ _, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.''

§62 The Police (1) The International Association of Chiefs of Police127 standardizes police practices around the world in accordance with the 1979 Law Enforcement Code of Conduct128 that ensures that police protect the populace from illegal acts and refrain from the excessive use of force themselves. Interpol129 conducts international policing operations in co-operation with National Departments of Justice whose statistics are data-based by the United Nations Crime and Justice Information Network130. The primary purpose of law enforcement is to keep the peace by apprehending criminals and patrolling the streets under the supervision of courts who ensure that people apprehended enjoy their constitutional right to a fair trial and rehabilitation.  (2) Policing is one of the integral responsibilities of the government. Most police officers attend a police academy for 6 months before being employed however many officers are merely hired and trained on the job as long as they have no felony convictions on their record. Funding for the police in the USA has risen 244% since 1982 from $20 billion to $65 billion in 1999. The major trend in police funding has been to demilitarize the police force by advocating for collaboration with other public safety officials to provide Community Oriented Policing Services131.

(3) Police Officers are supervised by a geographic law enforcement agency that defines the jurisdiction of the police officers. The Bureau of Justices Statistics reported that in 2000 the federal government employed 88,496 full-time law enforcement officers

127 The International Association of Chiefs of Police. http://www.theiacp.org 128 1979 Law Enforcement Code of Conduct. UN 34/169 (1979) http://www.unhchr.ch/html/menu3/b/h_comp42.htm 129 Interpol. http://www.interpol.int/ 130 United Nations Crime and Justice Information Network. http://www.uncjin.org/Statistics/WCTS/wcts.html 131 Bureau of Justice Statistics. Justice Expenditures 1982-99 http://www.ojp.usdoj.gov/bjs/glance/exptyp.htm

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authorized to make arrests and carry fire arms.  17,784 state and local law enforcement agencies employed 708,022 full time officers. 12,666 local police agencies employed 440,920 full time officers.  3,070 county sheriffs employed 164,711 deputies.  49 primary state agencies employed 56,348 officers.  1,376 special jurisdictions employed 43,413 officers.  623 Texas constable offices employed 2,630 law enforcement officers132.   §65                                     Pre-Trial  Pre-Trial supervises the administration of bonds and bails to guarantee that felony defendants go to court, have an opportunity for pretrial release and can post bail133.  1998 Bureau of Justice Statistics estimate that 64% of defendants were released by the court prior to the disposition of their case.  Thirty-six percent were detained until case disposition, including 7% who were denied bail. Released defendants were most likely to be released on commercial surety bond (34%) or their own recognizance (30%).  Murder defendants (13%) were the least likely to be released prior to case disposition, followed by defendants whose most serious arrest charge was robbery (38%), rape (47%), burglary (50%), or motor vehicle theft (50%).  Less than half of defendants with an active criminal justice status, such as parole (18%) or probation (43%), at the time of arrest were released, compared to 71% of these with no active status.  About a third of released defendants were either rearrested for a new offense, failed to appear in court as scheduled, or committed some other violation that resulted in the revocation of their pretrial release.  Of the 24% of released defendants who had a bench warrant issued for their arrest because they did not appear in court as scheduled, about a fifth, representing 5% of all released defendants, were still fugitives after 1 year134.  

§64                                  The Prosecutor (1) The prosecutor oversees the prosecution of felony defendants in a specific prosecutorial district such as a court, county or group of several counties. In 2000 there were 2,341 state court prosecutors most of whom are democratically elected in county elections and employ 79,000 attorneys, investigators and support staff who prosecuted a total of 928,000 adults and 36,000 juveniles in 1998, 68% of whom were sentenced to incarceration. The prosecution was funded approximately $4 billion in 2000135.    

(2) In 2000 the offices of the 93 US Attorneys, the federal prosecutors, opened investigations against 123,559 people for violations of federal law. Forty percent were investigated for public-order offenses such as regulatory (5%), immigration (13%) and weapons (7%) offenses; a third (32%) were investigated for drug offenses; 23% for property offenses; and 5% for violent offenses such as murder, rape, assault, and robbery.  Of the 117,450 suspects in matters concluded during 2000, 74% were referred for prosecution either before a U.S. district court judge (62%) or a U.S. magistrate (12%). Nearly all (97%) of those investigated for immigration offenses were referred for 132 Bureau of Justice Statistics. Law Enforcement Officers. http://www.ojp.usdoj.gov/bjs/lawenf.htm 133 Pre-Trial Resources Center. http://www.pretrial.org/ 134 Bureau of Justice Statistics. Pre-Trial Release and Detention Statistics. http://www.ojp.usdoj.gov/bjs/pretrial.htm 135 Bureau of Justice Statistics. Prosecution Statistics. http://www.ojp.usdoj.gov/bjs/pros.htm

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prosecution. 46% of defendants were released following their initial court appearance.  Of the 68,156 defendants convicted and sentenced during 2000, 74% were sentenced to a term of imprisonment (either alone or in conjunction with probation), 18% were sentenced to probation (either alone or with incarceration), and 4% were sentenced to pay a fine alone. The average prison sentence imposed during 2000 was 57 months. Defendants convicted of weapons felonies (92 months), violent felonies (87 months), and drug felonies (76 months) received the longest prison terms, on average136.    §65 Public Defender

(1) The Public Defender’s Office represents criminally accused people who are too poor to afford legal counsel to uphold the 6th Amendment right to counsel. Assigned counsel program and open contracts to local defense attorneys. Among the Nation's 100 most populous counties in 1999, public defender programs were operating in 90 counties, assigned counsel programs in 89 counties, and contract programs in 42 counties. The federal government must pay the Public Defender’s office more to provide the counsel for defense their witness fees in felony cases when the family and friends come to witness the kidnapping so that the defense can be as well paid as the prosecution.

(2) In 1999 an estimated $1.2 billion was spent to provide indigent criminal defense in the Nation's 100 most populous counties. About 73% of the total was spent by public defender programs, 21% by assigned counsel programs, and 6% on awarded contracts. This $1.2 billion represents an estimated 3% of all local criminal justice expenditures used for police, judicial services, and corrections in these counties. County governments provided 60% of all funds for indigent criminal defense services in the largest 100 counties followed by State governments providing 25%. Public defender offices in the largest 100 counties employed over 12,700 individuals during 1999, including over 6,300 assistant public defenders, 1,200 investigators, 300 social workers, 2,700 support staff, and nearly 400 paralegals. Over 30,700 private attorneys were appointed through assigned counsel programs to represent indigent defendants in the largest 100 counties during 1999. Over 1,000 contracts for indigent defense services were administered by contract attorney programs.

(3) Conviction rates for indigent defendants and those with their own lawyers were about the same in Federal and States courts. About 90% of the Federal defendants and 75% of the defendants in the most populous counties were found guilty regardless of the type of their attorneys. Of those found guilty, however, those represented by publicly financed attorneys were incarcerated at a higher rate than those defendants who paid for their own legal representation 88 percent compared to 77% in Federal courts and 71% compared to 54% in the most populous counties. On average, sentence lengths for defendants sent to jail or prison were shorter for those with publicly-financed attorneys than those who hired counsel. In Federal district court those with publicly financed attorneys were given just under 5 years on average and those with private attorneys just over 5 years. In State

136 Bureau of Justice Statistics. Federal Judicial Statistics. http://www.ojp.usdoj.gov/bjs/fed.htm

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courts those with publicly financed attorneys were sentenced to an average of 2½ years and those with private attorneys to 3 years137.

§66                                        Corrections (1) Jails and Prisons are expected to meet the safety and civility Standard Minimum Rules for the Treatment of Prisoners138. Federal Bureau of Prisons139 statutes are set forth in Title 18 US Code Part 3 Chapters 301-319 and Title 28 CFR Chapters 3&5 . State departments of corrections manage prisons and local jails in accordance with applicable state and federal laws. 

(2) The US Correctional population has increased 357.9% between 1980 and 2002 at an average annual growth rate of 3.6%.  At year end 2002 6.7 million people were in jail or on probation or parole, 3.2% of the adult population. A total of 2,178,577 people were detained - 1,440,665 were in prison, 1,277,127 in state prisons and 163,528 in federal prison, another 737,912 were held in local jails awaiting trial or serving a misdemeanor sentence of less than a year. By year end 2002 4.7 million people were on probation and 753,100 were on parole140. 

(3) 50% of the increase in prison population is attributed to a 340% increase in violent offences from 173,300 in 1980 to 589,100 in 2000.  The incarceration of drug offenders increased 1,322% from 19,000 in 1980 to 251,100 in 2000 and is attributed with more than half of the federal inmates and 27% of state inmates. 

(4) The number of prisoners on death row has dramatically increased since the death penalty was reinstated in 1978 from 134 to 3,593 in 2001 when 71 people were executed.

(5) The United States has the largest prison population in the world as the result of long sentences and great increases of funding for the prosecution of drug offences141.

§67 Judges

(1) In the United States there are an estimated 27,250 Administrative Law Judges, Adjudicators and Hearing Officers who make an average of $51,580 per year.  6,260 are Arbitrators, Mediators and Conciliators making an average of $70,310 per year.  23,150 are Judges, Magistrates and prosecutors who make an average of $67,150 per year.  175,870 are paralegals and legal assistants making an average of $36,550 per year.  17,460 are Court Reporters making an average of $38,040.  26,060 are law clerks making an average of $29,280 per year. 

137 Bureau of Justice Statistics. Indigent Defense. http://www.ojp.usdoj.gov/bjs/id.htm 138 Standard Minimum Rules for the Treatment of Prisoners. http://www.unhchr.ch/html/menu3/b/h_comp34.htm 2076 (LXII) (1977)139 Federal Bureau of Prisons. http://www.bop.gov/ 140 Bureau of Justice Statistics. Corrections. http://www.unhchr.ch/html/menu3/b/h_comp34.htm 141 International Center for Prison Studies. http://www.kcl.ac.uk/depsta/rel/icps/worldbrief/highest_rates(manual).html

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(2) In 2003 the Federal Judiciary employed 877 judges and justices and has 56 vacant seats. 680 in the District Court, with 37 vacant. 179 in the Circuit Court, with 19 vacant. 9 in the Supreme Court and 9 in the Court of International Trade, with no vacancies in either.

(3) On December 31, 2002 the US President signed E.O. 13282 Adjustments of Certain Rates of Pay. The act adjusts the statutory wage system set forth in 5USC§5302 for senior executive officers, executives, justices, judges and uniformed officers. On March 21, 2003 the President signed E.O. 13291 Further Adjustments of Certain Rates of Pay guaranteeing federal judges, justices and magistrates an average of $120,000 a year.

(4)State courts pay their justices $150,000, appeals judges $120,000 and give county judges of general jurisdiction $100,000, magistrates $50,000 and municipal judges of the Grand Jury $50,000 and adjudicators of the Traffic Division $25,000-$35,000.

(5) Judges are responsible for the adjudication of criminals, the settlement of civil disputes and claims against the state that suit the authorization of their office.

(a) Municipal Judges are typically authorized to disburse funds up to $1,000, ie. For the grand jury.

(b) County Judges are authorized to settle funds up to $10,000 for a felony trial.

(c) State Appeals Judges are authorized to settle up to $25,000 for the state.

(d) Federal Judges are authorized to settle $50,000 private matters and may authorize all cases, great and small.

(e) The Supreme Courts and Court of International Trade have no limit.

(6) The duties of judges and justices are simple…

(a) employ a staff competent to respond to all petitioners in a civilized and human manner.

(b) Obey the law.

(c) Issue summons, and pay, attorneys, witnesses, educators and jurists.

(d) Hold trials to hear arguments regarding the merits of the laws.

(e) Remain certified to practice law by the Supreme Court of their state and nation.

(f) Publish decisions at the Clerk’s Office.

(7) Judges are typically served by several assistants, a representative to the Clerk’s Office, a bailiff and as many deputies as is required to hear the defendants. These assistants typically are not licensed attorneys and make between $25,000 and $50,000.

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(8) Magistrate Judges are licensed attorneys who are appointed by the local Jury of Judges to serve the court in the capacity of Magistrate Judge. They are typically paid $50,000 a year to settle civil disputes under the scrutiny of an elected Judge.

§68 Witnesses

(1) Witnesses and Writers should be summoned to attend the trial to fulfill the constitutional obligation under the V and VI Amendments to the US Constitution to provide a counsel and/or witnesses for defense in a felony trial, to assist in the cross-examination of the evidence, the police, attorneys and witnesses.

(2) Witnesses and Writers should be recognized for any work they for the court - investigating a crime scene, litigating the jail, writing for the county, state or federal government. Witnesses should not be harassed, intimidated or threatened with unjustified incarceration. Although it is acceptable to arrest a witness who needs a ride to court, it is not acceptable to detain them.

(3) To make the courtroom hospitable to witnesses, the judge’s staff should place a journal of their decisions and the day’s docket in a rack accessible to the public so that the witnesses will be entertained while waiting and informed of the business of the court.

(4) Witnesses are entitled to the payment of $40 per day that they attend trial under 28USC§1821(b). Deference should be given to the defense attorney to authorize the payment of witness fees for the family and friends who have come to witness a kidnapping and would appreciate a pre-trial council and post-trial housing hearing. Police Officers typically earn time-and-a-half while attending court proceedings.

(5) Writers are entitled to payment. Due to the time it takes to render written decisions greater than 5 pages it is mandatory that judges and clerks authorize the payment of roughly $100 per 5 pages of relevant information submitted to the court. It is fair to summon them as witnesses in felony trials for the $100-$500 writers fee. It is acceptable for the court to contract with a writer for the full price of their manuscript, at the $100 per 5 page rate, if the Court wishes to support legal scholarship and be state and federal eligible for whatever grants the Court should authorize, seal and service to the bar and government.

§69 Prisoners

(1) Prisoners are entitled to fair trial and treatment under the Fifth, Sixth, Seventh and Eighth Amendment to the US Constitution, Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. In 1970 the US Supreme Court remanded Hurtado v. United States 410 US 578 (1973) to the United States Congress raising the fee to pre-trial detainees from $20 to $21 a day under 28USC§1821. Inflation has caused the 2003 witness fee for prisoners to rise to $40 per day of pre-trial detention, the same as witnesses, but 24 hours a day under 28USC§1821(d)(4).

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(a) While this pre-trial detention may seem pricey due to the length of detention involved in preparing for a felony trial, it is good practice to administrate these accumulated witness fees

(i) to the prisoner, who should be given at least one day of cash for each day appearing in court and writing their case, the

(ii) the court, (iii) the jury, (iv) witnesses, (v) writers, (vi) family(vii) friends, (b) all of whom should make about $40 a day and be summoned to the trial by the

court and be permitted to speak and be cross examined by the defense attorney, prosecutor, defendant, judge and court to provide for a swift and fair trial by jury.

(2) Prisoners should not be jailed for misdemeanor offences that should ticketed and if they are incarcerated, should be released after a trial or grand jury proceeding and compensated $40 per every day they spend in pre-trial detention, to offset any fines or poverty accrued and time lost from work. (a) Courts that detain misdemeanor offenders must pay $40 for every day of misdemeanor jail time in apology for the unauthorized institutionalization.

(3) Felony prosecutions must be indicted by a grand jury and magistrate or municipal judge within a week, and should be accompanied with the appointment of legal counsel. (a) The judge, from a court of general or unified jurisdiction in the county or federal judiciary, shall hold a pre-trial hearing for the plaintiff, defendant, prosecutor and public defender within a month to inform them of their witness fee contract and time estimate.(b) Within 3 months the Trial Court shall issue summons to all appearing attorneys, witnesses, writers, jurists, family and friends who shall be compensated $40 per diem from the prisoner’s earnings under 28USC§1821(d)(4) to determine issues of fact, law, precedence, and sentencing before a judge and jury that is reasonable, accessible to the family and friends of the prisoner, and appeal able.

(4) Once sentenced, the prisoner has the right to appeal the decision at the Court of Appeals and in many cases is ordered to do so by the trial court, in order to cut sentencing in half, complain of trial errors and corrections. (a)To reduce sentencing it is recommended to contract with the court, council or congress for penal and rehabilitative care such as substance abuse treatment, mental health treatment, sexual offender program, violence management, education, employment and a halfway house with a correctional program. (b)All prisoners, former prisoners and friends should take some time write the court in behalf of the Prisoner Class Action under Fed. Civ. R. 23 to bargain collectively with the jailer for reforms to improve telephone communication, computers with Internet Access, a Internet Law Home Page and Microsoft Word program, for them to report human rights

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abuses, chronic correction problems, welfare and employment opportunities for prisoners in the community to the Court and the Attorney General.

§70 Jurists

(1) Jurists are randomly selected from the people who respond to the solicitation and are selected by the attorneys on the basis of the potential jurists desire to serve on the jury for a $40 a day witness fee under 28USC§1821(b). It is not recommended that a jury trial take longer than 3 days to reach a verdict regarding 1st degree felony proceedings that are appeal able in the state court of appeals and US District Court.

(a)Jurists may serve longer, if they choose to remain in the jury pool, to serve judges on the Grand Jury and in civil trials regarding multiple claims for money and/or jail time exceeding the $20 limit set forth in the Seventh Amendment to the US Constitution. (b)A typical jury consists of 12 people who earn $40 a day, $480 a day.(c)Every quarter the Court should appoint a Grand Jury to Conduct a census of the jails and indict human rights conditions in the correctional community.

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124 Juvenile Filings. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Juvenile.pdf 125 LII. State Divorce Laws. http://www.law.cornell.edu/topics/Table_Divorce.htm 126 Domestic Relations. http://www.ncsconline.org/D_Research/csp/2002_Files/2002_Dom_Relations.pdf 127 The International Association of Chiefs of Police. http://www.theiacp.org 128 1979 Law Enforcement Code of Conduct. UN 34/169 (1979) http://www.unhchr.ch/html/menu3/b/h_comp42.htm 129 Interpol. http://www.interpol.int/ 130 United Nations Crime and Justice Information Network. http://www.uncjin.org/Statistics/WCTS/wcts.html 131 Bureau of Justice Statistics. Justice Expenditures 1982-99 http://www.ojp.usdoj.gov/bjs/glance/exptyp.htm 132 Bureau of Justice Statistics. Law Enforcement Officers. http://www.ojp.usdoj.gov/bjs/lawenf.htm 133 Pre-Trial Resources Center. http://www.pretrial.org/ 134 Bureau of Justice Statistics. Pre-Trial Release and Detention Statistics. http://www.ojp.usdoj.gov/bjs/pretrial.htm 135 Bureau of Justice Statistics. Prosecution Statistics. http://www.ojp.usdoj.gov/bjs/pros.htm 136 Bureau of Justice Statistics. Federal Judicial Statistics. http://www.ojp.usdoj.gov/bjs/fed.htm137 Bureau of Justice Statistics. Indigent Defense. http://www.ojp.usdoj.gov/bjs/id.htm 138 Standard Minimum Rules for the Treatment of Prisoners. http://www.unhchr.ch/html/menu3/b/h_comp34.htm 2076 (LXII) (1977)139 Federal Bureau of Prisons. http://www.bop.gov/ 140 Bureau of Justice Statistics. Corrections. http://www.unhchr.ch/html/menu3/b/h_comp34.htm 141 International Center for Prison Studies. http://www.kcl.ac.uk/depsta/rel/icps/worldbrief/highest_rates(manual).html

Impact of Tourism on Thuya (Tetraclinis articulata) Crafts in Morocco

Submitted to fulfil the requirements for the MSc in Ethnobotany

University of Kent at CanterburyThe Royal Botanic Gardens, Kew

bySharon Sanders

September 2003Acknowledgements:

First and foremost I would like to thank all those in Morocco who have donated their time to answering my questions. In Essaouira I would like to give specific recognition to Said Bahri and l’Association Professionelle des Amis du Thuya and to Abdeljalil Chakir of the Department of Water and Forests for their patient guidance. I want to send my appreciation to the Department of Agriculture for their time, and extend my gratitude to the French Institute in Essaouira for generously allowing us to use their computers. I am

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indebted to the Hifad family for showing such kind hospitality in Essaouira and to Dounya Bouazza for translating.

I want to thank Gary Martin and The Global Diversity Foundation for advising, funding, and making this project possible. To all those at the Museum of Natural History in Marrakech who graciously invited us for a workshop on the Wildlife Trade in Southern Morocco Project, which is sponsored by the National Geographic Conservation Trust. I want to acknowledge Jacques Sibony for his generosity in allowing me to read his unpublished book. Thanks to Roy Ellen and Raj Puri for their helpful comments. Finally thanks to Selena Ahmed and Kierin Mackenzie who put up with me for over two months.

Abstract:

Tourism and the subsequent promotion of tourist crafts is seen as a way to bring in much needed revenue and develop weak economies. However in Morocco the impact of tourism has been to render the thuya (Tetraclinis articulata) handicraft industry unsustainable. In Essaouira, which is the current and historical locus of thuya production and where 10% of the town's population are thuya woodworkers, thuya handicrafts and tourism are the only viable economic sectors left in the region. The importance of thuya crafts as a souvenir item and the consumers’ limited knowledge of the craft have caused the sales to increase despite the proliferation of low quality articles. Competition has caused the prices of the products to plummet despite the increasing difficulty of finding wood and the rising costs for raw materials. The craft market is structured so that intermediaries receive most of the benefits, and diminishing returns for the artisans have resulted in increased production rates and exploitation of timber. Over-harvesting was already a problem in the 80's and led to a ban on harvesting the thuya burl in 1989, creating a black market which is still thriving today.

Table of Contents1 Introduction

1.1 Introduction to Study Site and Situation 1.2 Importance of Tourism and Crafts 1.3 Aims and Objectives

2 Background 2.1 Thuya Biology 2.2 History of Exploitation 2.2.1 General Context 2.2.2 Historic Exploitation 2.2.3 Other Uses of Thuya 2.2.4 History of Illegality 2.2.4.1 Differences in Wood 2.2.4.2 Demand for Wood 2.3 History of Thuya Use in Crafts 2.3.1 Evolution 2.3.2 Traditional Forms 2.3.3 Recognition of the Foreign Demand and Product Transition

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2.3.4 Beginning of a Tourist Market and Commercialization 2.4 Tourism 2.4.1 Moroccan Tourism 2.4.2 Tourism in Essaouira 2.5 Economic Crisis in Essaouira3 Methodology 3.1 General 3.1.1 Artisans 3.1.2 Vendors 3.1.3 Tourists 3.1.4 Harvesters 3.2 Method of Analysis 3.3 Problems4 Results and Discussion 4.1 General Results 4.1.1 Artisans 4.1.2 Vendors 4.1.3 Tourists 4.1.4 Harvesters 4.1.5 Primary Concerns 4.1.5.1 Migration of Workers to Agadir 4.2 Commercialization Chain 4.2.1 Legal and Illegal Harvesting 4.2.2 Depots 4.2.3 Sawmills 4.2.4 Artisans 4.2.5 Bazaars 4.2.6 Wholesalers 4.2.7 Exportation 4.2.8 Consumers 4.3 Market Response to Demand 4.3.1 Tourists’ Introduction to Thuya 4.3.1.1 Guidebooks 4.3.2 Styles and Preferences 4.3.2.1 Primary Customers and Preferences by Nationality 4.3.3 Market Perceptions 4.3.3.1 Demand drives Diversity 4.3.3.2 Other Specific Styles 4.4 Distribution of Benefits 4.4.1 Production Rate 4.4.2 Prices 4.4.3 Higher Costs and Decreasing Income 4.4.3.1 Costs for Raw Material 4.4.3.2 Artisans’ Income 4.4.3.3 Seasonal Sales 4.4.3.4 Competition between Bazaars (Package Tourists)

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4.5 Change in Production 4.5.1 Mass Production? 4.5.2 Associations 4.6 Quality of Products 4.7 Wood Supply and Problems 4.7.1 Current Situation 4.7.2 Fear 4.8 Local Perceptions 4.8.1 Wood Origin 4.8.2 Income 4.8.3 Harvesting Operations 4.8.4 Views of the Department of Water and Forests 4.8.5 Impacts on all Villagers 4.8.6 Differing Views 4.8.7 Destination of Harvested Thuya 5 Conclusion 5.1 Completion of Objectives 5.2 Solutions6 Works Cited Figure 1 International Tourist Arrivals to Morocco from 1982 to 2000 Figure 2 Tourists versus Thuya Artisans Figure 3 Distribution of Artisans Interviewed Figure 4 Nationalities of Tourists Interviewed Figure 5 Primary Concerns for Vendors and Artisans Figure 6 Commercialisation Chain Figure 7 Top 10 Thuya Craft Preferences Figure 8 Perceived Demand Figure 9 The Median Price for a Thuya Box (20x12x5 cm) Figure 10 Seasonal Variation of Sales and Tourist Arrival

Introduction

1.1 Introduction to Study Site and Situation

Fine tables, boxes of infinite designs, platters, bowls, games, picture frames, bracelets, sculptures, ashtrays, Tintin heads, candle holders, credit card sleeves, pencil holders, and letter organizers proliferate in Essaouira and throughout Morocco: seen in boutiques from Tetouan to Sidi Ifni. This reddish aromatic wood comes from one species of conifer: Tetraclinis articulata (Vahl) Mast., thuya (French), arar (Arabic), azuka (Berber: Tashelhait). The thuya timber (gaiza in Arabic) is a finely grained reddish well scented hardwood, however the most prized wood comes from the underground burl (jhder in Arabic, loupe or souche in French) which forms, after fire or coppicing stresses, a uniquely patterned, aromatic, hard, and resinous wood. This unique bird's eye pattern is in high demand. Thuya wood is specifically promoted and inextricably associated with Essaouiran woodcrafts, which is the centre of its production. Thuya is listed as a LR/nt, low risk near threatened, species by the IUCN Red Data List, and has experienced centuries of harvesting pressure. (IUCN 2002) The ability of the tree to coppice has

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enabled the species to survive. However harvesting the burl entails digging up the entire tree and could be disastrous for the future of the thuya population.

6740 artisans who work with thuya are registered with the Chambre de l'Artisanat in Essaouira, representing 10% of the city's population. Marquetry has a long history in Essaouira and comprises 75% of the artisanal activity, which include jewellery, leather, and steelwork.. (Ministére de l'Artisanat 2003) The 6740 do not take account of the vendors, intermediaries, employees in sawmills and wood depots, harvesters, and transporters. Much more than 10% of Essaouira directly depends on the income from thuya sales. The industry impacts the entire country as the market and the sphere of harvesting expands, and brings income to families from Oujda to Ounneine.

1.2 Importance of Tourism and Crafts:

Thuya products are sold primarily to foreign tourists and to a growing number of Moroccans as decorative crafts and furniture. Thuya represents a large part of Morocco’s artisanal sector. In 2000 the artisanal sector of Morocco surpassed agriculture, creating 67.3 million Moroccan Dirhams (DH, 0.0648 DH = 1£), representing 19% of the GDP (agriculture consisted of only 16%). The craft sector directly employed 2 million people, 20% of the population (while industry hired 1.2 million, 12 % of the population). 23% of the craft sales in the country were to international tourists, who spent 4.4 million DH. (Al Maghribi 1999) Tourists offer a lucrative market influencing and enabling the expansion of the sector.

Tourism is one of the world's largest and fastest growing industries. As other sectors are declining in Morocco, tourism and artisanal crafts are being increasingly developed and promoted to bring in much needed revenue. Morocco is actively promoting tourism and crafts together, and optimistically projects 10 million tourist arrivals by 2010, more than doubling the current 4.2 million. (Livre Blanc 2001:51) "The Moroccan Cultural Week", a campaign to encourage tourism to Morocco held in Covent Gardens, England this June, featured Moroccan crafts. (Les Touristes 2003) More specifically in Essaouira, recent international agencies investing in the revival of the city are targeting the thuya industry. Localizing Agenda 21, sponsored by the United Nations Human Settlements Program (UN-Habitat), strategic action plan "stressed the need for promoting Essaouira as a destination of selective cultural tourism centred on the artistic traditions within the old Medina." (Nota 1997) Essaouira, similar to other craft cities in Morocco, is advertised as the place to purchase thuya, linking Essaouira historically, culturally, and economically to thuya wood.

The goals of developing a multimillion-dollar thuya craft industry and protecting a threatened species are challenging to compromise. 2 Governmental measures that have 2 Woodmark is looking into the certification of thuya, and is currently writing the risk assessment for the certification of the forest in Amsitten. This is in co-ordination with APAT (Association Professionelle des Amis du Thuya) funded by PMF/ FEM (PNUB) Program of Microfinancing through the World Environmental Fund.

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been introduced to protect thuya, such as the ban on extracting the burl, have not reduced the rate of exploitation and created an extensive black market. The tourist craft industry is inherently unstable. Where local economies are reliant on global market conditions, incomes vary depending on the season, political events, and fashion whims. The craft industry is characterised by unfair trade, where the crafts are commercialised by bazaars that poorly compensate the artisans and harvesters. This problem has escalated in the last ten years with uncontrolled market growth further widening the gap between wealthy vendors and tourists and poor artisans and harvesters. The tourism boom and exponential increase in artisans has led to overproduction of crafts, driven down the prices and quality, and further intensified harvesting.3

1.3 Aims and Objectives:

Several studies have been done regarding the socio-economic conditions of thuya artisans, the demand for raw material, the impact of tourism in Essaouira, as well as the consumer's perception of the thuya market. Many governmental reports have been produced repeating the same statistics (which I quote as well). However no work has been published correlating the studies, following the chain of commercialisation, sourcing the demand for burl wood and styles, and the sector's ability to supply that demand. Analysis of market dynamics is necessary to understand the market’s multiple impacts, not just economic, but also social, environmental, and cultural. All of which influence the future development potential and sustainability of the thuya industry.

My aim was to assess the impact of tourism on thuya craft production, by focusing on market dynamics.

My research questions were:How are thuya crafts commercialised?How has thuya craft production changed in response to the market demand?What are the social, economic, and environmental impacts of this change?

My objectives were to:- ascertain how the influx of tourism has affected craft production with respect to the distribution of benefits, styles, division of labour, and harvesting pressure- compile data on the carvers, vendors, consumers, and harvesters- determine the consumers’ knowledge, motives, and preferences for purchase

Background

2.1 Thuya Biology:

3 In Essaouira on June 6-9, a meeting sponsored by the Chambre de l'Artisanat, was called in response to the crisis: the monopoly of the market by middlemen leading to unequal distribution of benefits and the degradation and potential disappearance of thuya. The objectives were to ameliorate the conditions for the artisans, improve the commercialisation circuits, look into the possibility of substitution of thuya, and elaborate schemes to develop the sector. (Ministére de l'Artisanat 2003)

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Thuya represents 95% of the wood consumed by marquetry in Essaouira. Other woods include: Citrus (predominantly the lemon tree), ebony (now replaced by Citrus cooked in oil), or Acacia gummifera. (Service Forestier 1993) Tetraclinis articulata (Vahl) Mast. is listed as a LR/nt, low risk near threatened, species by the IUCN red data list. (IUCN 2002) Its distribution was larger in the past, but is now reduced to 300 specimens in SE Spain in the area surrounding Cartagena, 100 in Malta (where it is locally listed as a threatened species), and limited coastal ranges in Algeria and Tunisia. (Gardener 1993) 78% of the remnant forests are in Morocco and reach a total distribution of 560,670 hectares ranging from the coast to the Middle and High Atlas Mountains.4 (Chakir 1998:8, Service de l'Inventaire Forestier National 1994) It is a slow growing tree, taking around fifty years to obtain .12 - .20 m in diameter, and 60 up to 150 years to reach .4-.5 m. The average maximum height is 12 m and life span is 250 -300 years. (Boudy 1950:724, 734) It is unknown exactly how long a burl takes to form, and is estimated that a 300 kg burl over a meter in diameter forms over 200 to 300 years. (Chakir 1999:14)

Thuya grows in single stand forests and in conjunction with other species: predominantly Quercus coccifera, Ceratonia siliqua, Pinus halepensis, Juniperus phoenicea, Juniperus oxycedrus, and Argania spinosa. (Fennane 1989) It's an extremely hardy species. It coppices well after cutting and fire, survives in poor soil, grows in altitudes up to 1,800 m in the Western High Atlas (and in forests up to 1,200 m in elevation), close to sea level around Rabat and Essaouira, and where the precipitation levels range from 250 mm to 700 mm/ year. (Boudy 1950:713)

2.2 History of exploitation:

2.2.1 General Context

The mass production of tourist crafts from often threatened or endangered hardwood species inevitably leads to over-exploitation. This is illustrated by cases such as the Thai woodcarvings from teak, Tectona grandis, Kenyan woodcarvings from the preferred mahogany, Brachylaena huilensis, and ebony, Dalbergia melanoxylon, and the alebrijes woodcarvings in Mexico from Bursera species. Over-harvesting leads to the use of increasingly smaller and immature trees from further away, and in the case of Thailand the prohibition on the harvesting stimulated substitution with other woods. In Kenya, even with the importation of wood from Tanzania, the supply could not meet the demand of the reported 80,000 artisans. The Good Wood Campaign, sponsored by WWF, promoted the substitution of hardwoods for more sustainable plantation harvested wood certified by SmartWood, accredited by the FSC (Forest Stewardship Council). The campaign focused on tree production and management, wood utilisation and marketing. (Chonga 1999, 2000, Purata, Cohen 2000)

4 I found many contradictions regarding the cover of thuya in Morocco. A survey by the Department of Water and Forests in 1994 revealed that thuya, including pure and mixed forests, covered 560,670 hectares. (Chakir 1999:8) The cover in the 80's was 607,900 ha (Forestier 1987, Gardner 1993), which governmental agencies still quote. (Ministere de l'Artisanat 2003) This further casts doubts on the reliability of statistics.

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In Morocco, like Kenya, the current demand for indigenous hardwood far outstrips the supply. However for thuya products the specific character of the wood is its main marketable quality, unlike with woodcarvings where design supersedes the quality of the wood, making substitution difficult. The wood of thuya is what defines it as an authentic creation from Essaouira. To preserve a future for thuya woodworkers as well as a future for the species there must be a management plan that takes into account the market demand.

2.2.2 Historic Exploitation

To my knowledge there have been no studies on whether the harvesting of thuya can be sustainable. Studies have focused on its diminishing distribution. Thuya in Morocco grows primarily in the provinces of Oujda (146,000 ha), Essaouira (96,521 ha), Taza 59,974 ha, and Khemisset 50,335. (Ministére de l'Artisanat 2003) Boudy estimated an original distribution, based on the suitable environment for thuya, of 1,860,000 to 2,500,000 ha. In Morocco, today the 560,670 ha remaining indicate a possible loss of over 1,000,000 ha of thuya. (Charco 1999:164) Boudy claimed that mass exploitation of thuya occurred historically in northern Morocco as well as Algeria and Tunisia, and was caused by Spaniards who used the timber for construction. In the northeast border of the agricultural plain, la Chaouia (M'Dakras), more than 50 % of the forest had disappeared before 1914. (Boudy 1950:720) In 1950 the forest cover was 725,000 ha; in the 80's it was 607,900 ha, and 560,670 ha in 1994, indicating a loss of 164,330 ha in the last 50 years. (Boudy 1950:707, Forestier 1987, Chakir 1999:8) Updates on figures for forest cover have not occurred for years, while harvesting has increased in intensity and scope.

"partout les peuplements de thuya ont subi une forte presion humaine exploitation abusive" (Achhal 1985:201)

2.2.3 Other Uses of Thuya:The multiple uses of thuya have sped its destruction. Its timber is used for carpentry, cabinet making, marquetry, construction, firewood, charcoal, and fencing. Its exudates are used for vegetable tar, gum sandarac, and incense. 5 Its leaves are used in tanning, as pasturage, for hair treatments, and in traditional medicines: crushed and placed on the body for fever or drunk with milk or buttermilk (leben) to relieve stomach-aches. There is even one reported venerated tree in Iskaouen in the region of Taliouine near the tomb of a marabout. The initial exploitation of the thuya forests was for construction. However, now the harvested thuya is destined primarily for the craft industry.

2.2.4 History of Illegality:

Thuya represents 37% of the forest cover in the province of Essaouira. (Driouchi 2002:130) By the 1950's, all the trees 2-3 m in length and 10-15 cm in width that remained around Essaouira were used by the "indigenes" for the fabrication of furniture and sometimes for the doors of mosques or wealthy residences. (Boudy 1950:732) The trees around Essaouira also formed the 'fameuses loupes' (famous burls).

5 The mutilating of trees for sandarac has also been attributed to burl growth. (Boudy 1950:721)

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"nous ne parlerons que pour memoire des fameuses loupes, donnant des placages de choix, qui ont été si intensivement exploitées qu'il n'en reste plus." (Boudy 1950:738)

The forests in the Province of Essaouira were the first harvested to supply the craft industry. The thuya forests are predominantly under the domain of the Department of Water and Forests, which has explicit regulations regarding harvesting and also levies a tax on forest products. The first recorded illicit thuya wood harvesting occurred in 1925 in the province of Essaouira. (Chakir 1999:47) Despite legal complications the considerable revenue produced from the sale of timber further fuels its exploitation.

In the 80's, the demand for thuya crafts escalated, due to the burgeoning tourism, causing indiscriminate harvesting which resulted in the 1989 Forestry ban on the harvesting of thuya burls (souche) in the region of Essaouira. (Service Forestier, 1993) In the province of Essaouira, the forests of Amsitten, Isk Ignouane, Marou, Isk N'Zbib, Jbel Imzgaouen, Ouaramane, Aghzifzn, Ait Aissi, Tamkadout and Ida Ou Guelloul were closed to harvesting. A forester was installed in the area to patrol; only the rural commune of Imi N'tlit was allowed to commercialise the dead stumps (burl), and the prices were set at 3 DH/ kg per burl and 6 DH/ kg for wood. (Chakir 1999:65)

The closure of forests adjacent to Essaouira, and the continual increase in demand for thuya products encouraged the exploitation of thuya from further afield: from Oujda, Marrakech, Taroudant, Chichaoua, and Khemisset. (Chakir 1999:66) Only areas that remain inaccessible are not exploited. Khemisset and Aoulouz are now the major

suppliers and centre of distribution of wood.

2.2.4.1 Differences in Wood:

The quality of thuya wood and burl differs depending on the tree's location. Thuya from the northern wetter parts of the county such as Khemisset and Oujda, the provinces with the largest population of thuya, produce large trunks (gaiza rabatia) which are yellow in colour, less fine grained, wetter and more prone to warping, therefore less desired by artisans. The preferred Berber wood (gaiza shlua) comes from the drier regions of Essaouira, Taroudant, and Argana. The wood is redder, finer grained, drier, and the size of the accessible wood is considerably smaller than the wood from the north. The thuya from the north doesn't tend to produce burls. Meanwhile the burls originating in Essaouira are relatively smaller than burls from other regions, due to over-harvesting in that province. The wood from Khemisset represents the majority of the legal wood; however the demand is for the more expensive wood from drier regions.

2.2.4.2 Demand for Wood:With 6740 artisans registered in Essaouira, the demand for wood far outstrips the possible legal supply. The annual consumption of thuya in Essaouira is currently 7.9

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One vendor in Essaouira who has been in business for 15 years said “in Morocco the law is written but spread and enforced by word of mouth.”

"Dans certaines regions du

sud-ouest (Ida ou Bouzia par

exemple), les devastations de

peuplements de thuya avaient

souvent pris un caractere tres

tons of timber and 3025 tons of burl per year, which does not fulfil the need of the artisans. (Ministére de l'Artisanat 2003) Also the supply of wood from Khemisset and Oujda does not reduce the demand for good quality wood. An estimated 35% percent of the wood is illegally harvested and 90% of burl. (Ministére de l'Artisanat 2003)6 The price for legal and illegal wood is the same; indicating a stable and competitively priced black market product.

Even with difficulties of supply there was an exponential increase in artisans in the mid 90's which further stimulated the illicit harvesting and black market.7 The illicit wood harvesting, which began in the province of Essaouira, now extends throughout Morocco. The Department of Water and Forests routinely patrols the countryside, the roads, the depots, and even infrequently artisans' workshops to check for illegal wood. Fines are legally justified on the basis that the money is invested back into reforestation and the wood confiscated. The situation is aggravated for the poorer harvesters and artisans who are unable to pay the fines. When broaching the subject of illegality a common refrain I heard from the artisans was: "I am not working with heroin or hashish; this is wood."

2.3 History of Thuya use for Crafts:2.3.1 Evolution:To understand tourist crafts it is necessary to look at their evolution from their traditional, utilitarian, or ceremonial place in the local culture to marketable commodities, and from their local consumption to export. Graburn (1984) stressed that there is no unilinear direction for this change; throughout history crafts and art have reflected dynamic change from innovation, trade, conquest, exploration, and the incorporation of foreign materials and technologies. However, the recent evolution of a craft into a commodity specifically for tourists tends to follow a common path. The transformation for traditional crafts begins when locals first recognise the market demand and its potential. As the market demand increases, efforts to satisfy the demand in order to make a profit result in the modification of traditional forms and the eventual creation of a 'souvenir novelty'. The production then often shifts to developing for export, which results in the adoption and incorporation of foreign materials, methods, and designs outside of local tradition. The differences depend mostly on the consumers and the market: whether local, national, international, directly purchased, or ordered. As the product is targeted for specific markets the craft forms begin to diversify: some forms are standardised for wholesale, varied for market sale, or developed uniquely for sale to galleries. (Popelka 1991, Graburn 1984)

The crafts that are being manufactured from thuya have evolved to a 'souvenir novelty'.

6 In an attempt to control the exploitation the Forestry Service in 1995 created two co-operatives: Coopérative Echourouk, which was allowed to extract 600 tons of stumps from the forests of Isk Ignouane, and Coopérative Ida Oubouzia, allowed to extract 500 tons of stumps from the forest of Jbel Imouzgaouen. (Chakir 1999:69) In 1998 Echourouk harvested 356 686 kg, while Ida Ou Bouzia took out 250 000 kg. (Chakir 1999:73) However, several informants noted that the co-operatives were perhaps harvesting much less in the past two years due to organisational difficulties.7 From 1985-1997 the forester cited a total of 11,750 offences: 70% of the offences for transportation and 20% for cutting live wood. (Chakir 1999:91)

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Thuya souvenirs were designed to suite foreigners' tastes. The small boxes, platters, secret boxes, desk accessories, knickknacks, bracelets, barrettes, small statues, masks, and bowls, which are bought by tourists, foreigners and Moroccans alike, form the bulk of the market, rather than the more traditional tables and chests.

2.3.2 Traditional Forms:

Chests were traditional for the sedentary tribes of the Anti-Atlas and the Rif: the larger ones were for clothes or grain, and smaller ones for ornaments, jewellery, spices, and tea, specially designed with a platter, teapot, cups, and separate compartments for tea, sugar, and mint. These boxes were ornately carved with symbolic motifs; they were not inlayed. Thuya was not traditionally used. Poplar (Populus sp.) was the most common followed by pomegranate (Punicum granatum L.), Atlantic cedar (Cedrus atlantica (Endl.) Carriere), and Juniperus thurifera L. (Grammet 1998) Thuya burl is claimed to have been used in Roman times for furniture, and its place as a status symbol contributed to the destruction of the forest in Algeria and Tunisia. (Bellakdhar 2002) The Spanish use of the wood for construction, such as for the roof of the Cordoba Cathedral, encouraged the exploitation of the northern Moroccan forests. (Gardner 1993, Boudy 1950) Thuya was used for chests, beds, armoires, and tables, but whether it was a common practice before this century is uncertain.8

2.3.3 Recognition of the Foreign Demand and Product Transition:In the late 19th Century Arab families of Andalusian origin, including the skilled families of El-Alj, entered Essaouira. At the time Essauoira was a wealthy cosmopolitan port city, with a bourgeois demand for furniture and decoration: tables, chairs, and wall coverings. Jilali (Ould) El Alj is attributed with introducing marquetry, which combined the different woods of acajou, citrus and ebony in the arab-andalucian arabesques and intricate floral designs commonly seen in Tetouan, Rabat, Fes, and Marrakech. Jilali El Alj died in 1908, his apprentice, then a master artisan, Omar (Ould) El Alj, began to incorporate thuya in marquetry, only because of the proximity of the thuya forests to Essaouira. His work was strongly influenced by the Syrian technique, being that of incrusting mother of pearl and silver wire, which he combined with arab-andalucian designs. Omar El Alj began to supply the bourgeois demand for incrusted jewellery boxes, cigar boxes, and platters, which are still in demand today. He also introduced musical instruments, round tables encrusted in citrus and ebony, and chests decorated in arabesque. (Ottmani 1997)

Marquetry work with thuya gained fame in the 1915 Artisanal Fair in Casablanca, where El-Alj's table won a golden medal. Families started commissioning Essaouiran marquetry artisans. The use of the burl wood was relatively late; and didn't begin in its current state until 1924 when a French man by the name of Brosse started his own workshop which worked uniquely with the burl. The popularity and demand for the burl was 8 In southern Morocco thuya was used in the construction of houses. Cedar was the more common construction material in other parts of Morocco. In the Haha region thuya was used for the traditional doors which were engraved with geometric symbols, as well as for looms which were held sacred. Metal doors have now replaced wooden doors. Thuya is still commonly used for roofs, however as the price increases, many find cement a cheaper alternative.

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instantaneous, leading to its adoption by all the artisans. (Oqba) 1915 marked the transformation of thuya crafts and the recognition of their market demand and potential.

In the 20's Islamic influenced geometric designs were incorporated into the inlay. (Ottmani 1997) The French introduced styles in the 1930's, and by the 40's there was a marked increase in the use of incrustation and a distinct Moroccan style was created. (Oqba) The style has now evolved to simple less ornate designs, due to both the tourist demand and the increase in unskilled artisans.9 The modification of traditional forms and apprentices earned 1-3 pesetas, which was an aristocratic salary for the time. (Oqba)

The production was controlled by l’amîn, an elected master artisan who was responsible for maintaining the quality of finished pieces and order among the artisans. The amîn was a recognised master. He would grade the different products based on quality, giving a 1 for best quality, up to a 3, and also designate a price for the piece. This would be an impossible system now with the number of artisans. (Oqba)The French Protectorate marked the end for Essaouira's prosperity. Casablanca, Safi, and Agadir usurped the port of Essaouira. Merchants left and wealthy families relocated. By the end of the 30's thuya marquetry was in decline. (Ottmani 1997, Oqba, Chakir 1999) However despite this 'decline' the marquetry sector slowly increased in size.10 New styles sell the best because Europeans like new things, but here we only like tradition and useful things for the house.

Abdel Alhamri is l’amîn for his co-operative and has worked with thuya for 50 years. He was recommended to me by several artisans to learn the 'true' history of thuya. According to Alhamri:

The oldest use of thuya, around two millennia, was for roofs because of the odour. Say around two centuries ago the first thuya boxes were large chests used for dowry, to parade the bride's wealth at a marriage. Smaller boxes were then made for tea, and placed within these larger chests; these boxes had three separate compartments, one for tea, sugar, and mint. The first tables were small round tables, close to the floor, with legs far from the edge so people could sit and eat. The legs were formed with a hand lathe so were perfectly round. The Jews represented 50% of Essaouira around the turn of the century. The first large table was created, because of this wealthy Jewish population, when a family commissioned a table as a marriage gift 120 years ago.

Sidi Muhammed Ben Abdullah Al Adj, brought inhabitants from other villages,

9 Les maâlmine (master artisans, maitre artisan) produced crafts in small workshops predominantly in the Kasbah Skala, where the artisans worked and sold directly to clients (French, rich Jewish families, and foreign and local merchants). The maâlem would employ 6-7 artisans and take on many apprentices.

In 1919 there were 20 master artisans and 25 apprentices, by 1922 there were 25 masters and 36 apprentices. In 1920 the master artisans earned 10 pesetas Hassani per day.

10 From 1932 to 1944 2 marqueters were installed each year, and from 1945 to 1948 5.5 were installed each year. In 1949 54 masters formed a co-operative on Oct. 10, 1949 still in operation today. (Oqba)

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Andalucia, Tanger, Fez, Meknes, Chefchaouen. These included many woodworkers. The first inlay was with ivory not citron. In 1912, when the French saw thuya being used in Essaouira they brought European objects and designs for thuya wood: including small boxes. The French introduced European style table legs, large hand formed, which were attached close to the edge of the table. The burl wasn't used until 1920 when a French man by the name of Brosse, formed workshops where he used the jhder.

In 1945, WWII, American soldiers entered Morocco, and started buying boxes at extraordinarily high prices. That stimulated thuya production. In 1956 the French left and so did the market. By 1960 hippies started coming and in 1982 the real beginning was when we started seeing merchants from Italy, Spain, France enter Morocco buy truckloads of thuya to be brought across the border not to sell but to hide kif (marijuana). Most of the boxes were ripped apart and thrown away. Artisans were rich then, you couldn't find any finished products in Essaouira; they would come through and buy it all. But the 1990 Iraqi war was the end to the boom, no more merchants. At that time there were around 800-900 artisans. Now there's no more wood in Essaouira it all comes from Taroudant.

2.3.4 Beginning of a Tourist Market and Commercialisation:

In 1950 there were only six bazaars in Essaouira. Foreign tourists began coming to Essaouira in the 1960’s. The artisans were still traditionally organized and the amîn was respected. Tourism stimulated thuya production by creating a previously unknown market; Bouzari shows the power of this market in a study in 2001 that noted that 79% of the tourists who visited Essaouira bought thuya products.11 (Ross

2002:74) The mass popular demand began in the 80's with the growth of tourism, resulting in the proliferating use of burl wood and increase in artisans. As the market shifted to tourist consumption, the production shifted to satisfy the demands for a souvenir novelty.

The 80's marked uncontrolled industry growth, increased exploitation of wood and increased exportation. Thuya workers were able to keep up with the demand due to the introduction of machines in the 80's, which further shifted the industry from traditional production. This consequently enabled more unskilled workers to enter the trade, increasing the production rate and the production of poor quality products, and furthering the exploitation of wood. 12

11 Only 37.8% of the tourists I interviewed had purchased or planned to purchase thuya crafts.12 In 1998 only 10.32% of the artisans (only the marqueters and sculptures) did not use electric equipment. (Chakir 1999:106) The higher number of artisans and the need for more workshop space for machines pushed the artisans from their original location in the Skala to the area outside Bab Doukhala. Meanwhile bazaars radiated into the city, from the Skala to higher traffic areas. (Since the medina is open only to foot traffic, it allowed a more diffuse expansion.)

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"Depictions of animals and other figurative representations have nothing to do with either artistic tradition. This imagery is borrowed from other African traditions and added to more

An exporter of Moroccan products explained "the boxes here target Europeans who buy in Morocco. There's a different market for exporting. Exporters look

Now the majority of thuya products are sold to international tourists, 79% of which are bought for presents. (Naciri 2001) Artisans have little control over the design and forms; to maximize their profits they must relegate them to the tourists’ or intermediary’s preferences and expectations. A tourist commodity is dependent on the transient nature of the tourist, which limits the size, weight and price of the craft. (Evans 1998:784) A tourist's purchase must be portable and easily recognised as a distinct object that is unique to their travel. The proliferation of small thuya objects and the famous boxes embodies the characteristics for a souvenir novelty.

Innovation and heterogenization are also defining characteristics of the tourist souvenir industry. (Cohen 2000, Popelka 1991) The eighties and nineties marked product experimentation and expansion phases, where the designs that were incorporated reflected the producers' market observations and ability to identify trends. Products began incorporating foreign materials and methods. This is exemplified by the Tintin statues, and in fact all the statues that arrived on the market 8-10 years ago, which for a Moroccan consumer would never have been initiated since it is contrary to teachings of the Koran. Even African designs were adopted 10 years ago, and now Indonesian designs are becoming prevalent. Tourist objects are symbols of change. (Jules-Rosette 1986) The conscious attempt to modify styles creates a direct relationship between the suppliers and the sources of commercial demand.

2.4 Tourism2.4.1 Moroccan Tourism:It's necessary to document the history of tourism growth to understand the market pressures. International tourism in Morocco didn't have a large impact on the country until the 70’s. In 1961 there were only 160,000; by 1972 international tourist arrivals superseded 1 million. The eighties and nineties showed extreme variation in arrivals. The highest rate of growth was 157%, from ’84-’86, which rivalled the largest fall of -155% in ’93-’95. (Belkamel 1980, WTO)

Figure 1 International Tourist Arrivals to Morocco from 1982 to 2000

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Source: WTO, Yearbook of Tourism Statistics

The predominant nationality of international tourists was and still is French. In 1972 19.8% were French, 18.3% were from the USA, and 10-15% was British. (Belkamel 1980) By 2000 the French represented 21.33% and Americans 2.94%. Moroccan non-residents abroad returning as tourists have and still represent a large percentage of all tourist arrivals.13 (WTO). The prime tourist destination in 1972 was and still is the circuit of the Imperial Cities: Fez, Meknes, Rabat, and Marrakech, as well as Casablanca. Moroccan tourists in 1972 and today are characterised by group or mass tourism.

Tourism produces immense capital. In 1990 4,024,000 international tourists generated 1,259 million USD in receipts. In 2001 4,223,000 tourists (14.9% of all tourists in Africa) generated 2,460 million USD in receipts (20.9% of the African market). (WTO) However, tourism is not a stable industry. Seasons, fashion, and external economic, political, and international events influence tourist arrivals. The largest detrimental impact to Moroccan tourism was the 1991 Gulf War, which is attributed to the decline in tourist arrivals after 1992. From 1968-1972 seasonal patterns became an evident characteristic of Moroccan tourism, where three months of the year, August, November, and December, accounted for almost half of tourist arrivals. Tourism focused on the winter months. (Belkamel 1980) Although tourists have increased in the months of April to September, seasonal arrivals are still characteristic of Moroccan tourism. Even though tourism generates vast revenues, its inherent instability makes it a risky industry for a country to depend on.

2.4.2 Tourism in Essaouira:Essaouira is not on the Royal Circuit so international tourism developed differently from the mainstream tourism. It was and is based on individual, not group, tourism, with the exception of the bus tours that come for the day from Agadir or Marrakech.

The hippies in the late 60's and the early 70's paved the way for international tourists, but contributed little to the economy. The predominant tourists were Moroccans who came to Essaouira, which is cooler than Marrakech and the Haouz plain, for the summer months. The boom in international tourism began in the early 80's. The eighties were referred to by artisans as the heyday of the thuya industry: where sales were consistent and high, the price of wood was low, and the number of artisans didn't exceed 800. By the 80's sales of thuya were dependent on foreigners. (Khattabi 1991)

Although the boom began in the eighties, the Gulf War took its toll. Tourism began to revive after 1996, when arrivals steadily increased and by 2000 had reached the same level they had been in ’89. (Ross 2002:59, Driouchi 2002:61) September 11 didn't affect tourism as much as the Gulf War, the number dropped slightly but the nights stayed made up for the difference. The largest increase in thuya artisans also occurred in the mid nineties. The steepest increase in artisans occurred from ’96 to ‘98, and paralleled the steepest increase in tourist arrivals.

13 Non-residents represented 31% of all tourist arrivals in 1984 and surpassed 40% in 1995, which it maintains up to the present. (WTO)

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Tourism in Essaouira directly employs only a small percentage of the population through hotels, restaurants, and guides. However it indirectly impacts the entire city.14 The artisanal sector employs much more people than tourism. Tourism directly created 650 jobs, only 1% of the population, in the service industry, while 12,783 people work in the handicraft sector, representing 21% of the population. (Driouchi 2002:127) The artisanal sector is directly dependent on tourist arrivals and underwent expansion during the tourist boom of the mid to late nineties. Thuya wood commercialisation improved the most relative to other sectors, and was the only sector to show growth from 1989 to 1995. (Ross 2002:72).

Moroccan tourism is based on the informal sector, forming a source of income for a large group of people. Tourism impacts the local economy by stimulating commercial activities, bringing hard currency into the city, and encouraging investments. Essaouira has now attracted foreigners who have begun purchasing residences, either for personal habitation or for the creation of guest houses, leading to an explosion in the real estate market. (Ross 2002) However, in the past three years tourism has not increased significantly. This is troubling because the tourist sector has recently attracted largerdevelopment projects, which have accounted for 89.5% (34 of 38 projects) of all the new investments for 1999-2000. (Ross 2002) These investments are based on the optimistic projection of a continual increase in tourist numbers, but the number of arrivals appears not to have improved for 2003.15

Figure 2

Source: Délégation du Tourisme d’Essaouira, Minstére de l’Artisanat 2003

14 Tourism has led to the creation of more hotels and restaurants, however most of these establishments hire a minimum number of unqualified workers at low wages: 86.6% of the hotels hire between one and ten people, while 80% of the restaurants employ less than 12 people. (Ross 2002:64)15 For the first trimester of 2003 there was a 9% drop in arrivals, predominantly from the larger spenders: the Spanish, Germans and Americans. (Delégation du Tourisme d’Essaouira)

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One wholesaler, who couldn't find any work with his degree in law, has been selling thuya for ten years remarked, "In Essaouira there is the sea and the wood, the sea is not for everyone, but thuya is easy to learn to work, and enough to make a living."

2.5 Study Site, Economic Crisis in Essaouira:

This century marked severe economic decay for Essaouira. At the turn of last century Essaouira was a thriving international port. Since the protectorate other port cities: Casablanca, Safi and Agadir, have gained in importance leaving the exportation of wheat as only main commercial activity for Essaouira's port. In 1982 even this was terminated and only fishing was left. Fish catches have continued to decline, and now the port operates at a deficit.16 Essaouira's other industries included flourmills, fish canneries, and leather tanneries, however throughout the century all these industries have declined. The tannery closed in 2000. Agriculture has dwindled from continual lack of rain resulting in the migration of people from the countryside to Essaouira in search of work. The only viable income remaining was from the tourist boom in the mid 1990's, which revived the economy, and created other forms of employment. (Ross 2002:31)

Most of the artisans are not carving thuya by choice, but to earn a living. The economic conditions of the area and Morocco, as well as the drought, have led to an increase in artisans who have not done apprenticeships, young men who can't find any work, are either unable to farm or often well educated but unable to find related work.17 Thuya is one of the few viable sectors that can support a large number of people, which further compounds the importance and exacerbates the problems of the sector. Thuya woodcrafts are "tourist products". The boom in tourism created jobs for thousands of artisans and vendors. Uncontrolled growth has had detrimental effects on the sector: not only resulting in the increased demand for raw material and therefore exploitation of the forests, but also the production of products from poor craftsmen who have entered the sector, diminishing the quality of thuya and involving practices that waste wood such as turning.

Methodology3.1 General

The study was carried out under the auspices of The Museum of Natural History of Marrakech and the Global Diversity Foundation, who informed and obtained consent from the Governor of Essaouira and the Department of Water and Forests. This project is

16 In 1987 26,750 tons fish at value of 48.92 MDH were caught, and in 1999 only 4,000 tons were caught. (Driouchi 2002:130)17 In Morocco the official national unemployment rate for 2000 was 13.9%, of which 69% have a secondary school or University education. (www.uib.ec 11/8/03)

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One vendor in the medina of Marrakech who has been selling thuya for 10 years noted,

"It’s like that in Morocco, when one person sees something going well, they all join in until there's too many. Then it falls

apart, and they find something else."

associated with the Wildlife Trade in Southern Morocco project, funded by the National Geographic Conservation Trust, which is currently surveying the bio-diversity of biological products and emphasizing the trade of threatened and endangered species within the southern Moroccan markets.

From May 1st to June 30th I utilized market observations, home and workshop observations, in-depth interviews, and participant observation to elicit information. (Cunningham 1995) In Essaouira from May 1st to June 15th I led semi-structured interviews with artisans, vendors, depot managers, saw mill operators, relevant government officials, and foreign tourists. I had intensive meetings with officials from APAT, the Department of Water and Forests, l'Coopérative des Marqueteurs, and l'Ensemble Artisanal. From June 15th to June 30th I interviewed producers and vendors in Agadir, Tikioune, Taroudant, and Marrakech and inhabitants of towns close to thuya forests in the provinces of Essaouira and Taroudant.

I attempted to get a broad range of views and speak with a representative sample of artisans and vendors. I approached informants in separate areas of the city, including different quarters in the medina and the prime area of production just outside of Bab Doukhala: Ichbilia. I also varied interviewees depending on whether they were affiliated with organizations and the number of years they have worked in the thuya industry. The number and visibility of the artisans and vendors, with their workshops or boutiques opening onto the pavement, the habit of artisans to visit each other, and Moroccan hospitality made accessing them easy. I walked around town, introduced myself and my project and the interviews were often made on the spot. The interviews ranged from fifteen minutes to two hours; most averaged around 35 minutes. During the interviews I took minimal notes, which I filled out immediately after.

The informality of semi-structured interviews and the combination of open and closed questions allowed the informants to be unrestrained with regards to their perceptions of the market. Also due to the sensitivity of some of the issues I was raising it was necessary not to ask direct questions. (Cunningham 1995) The questions addressed the changing market dynamics, the growing number of problems within the sector, and the marketing chain. To estimate the price differentials I used the most popular sized box, 20x12x5 cm. I wanted to voice the under-represented artisans' and harvesters' personal views and their understanding of the market, which have been neglected in previous studies.

To assess the impacts of tourism and identify components of tourist crafts affected by commercialisation I looked at both Eric Cohen's research, on stylistic and production changes of woodcrafts due to commercialisation in Thailand, and Popelka's study on textiles from Oaxaca, Mexico. To understand the craftsperson’s response to market change, Popelka (1991) identified three areas that merit research: the evolution of the handcrafts, the vendors’ role as an intermediary between the artisans and consumers, and consumer profiles. Eric Cohen (2000) expanded on these themes and emphasised the dynamic interactions within the market. He delineated four variables on which to focus. First was the relationship between marketing and stylistic change, second the producer’s response to market pressures. Third was the technological and organisational change in

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production associated with commercialisation and finally the distribution of benefits between artisans and intermediaries. I focused on these four variables specified by Cohen and added the impact on resource utilisation. These socio-cultural, economic, and ecological parameters are also applicable in assessing the sustainability of the industry.

3.1.1 Artisans:

Previous studies divided the artisans based on whether they do marquetry, incrustation, inlay, veneer, turning, sculpture, or simple woodwork. However, incrustation and inlay are essentially the same and are components of marquetry. All the artisans I spoke with were obligated to diversify their work: if they did marquetry they also did veneer and simple work. I only spoke with one craftsman who managed to survive solely from large marquetry. Therefore, I divided the artisans based on whether they do large marquetry (including the ones who veneer), use the lathe, and do simple work, as well as a smaller sample of the less prevalent techniques such as sculpture and arabesque. I defined simple as those who produced predominantly small work with no intricate inlay. I interviewed a representative sample of each type of artisan in Essaouira and for comparison a limited number in the area of Agadir.

The interviews focused on the problems in the sector, why they produce specific styles (and for whom), how they sell their work, and their economic return. There tended to be one artisan in a workshop that could speak French, or who was more outspoken than the rest, who became the primary informant within a workshop.

3.1.2 Vendors:

With the vendors I engaged in discussions on problems in the thuya industry, market competition, demands for specific styles, and prices on the market. I varied the bazaars visited based on the location within the city and their relative size and age. The wholesalers (most large bazaars are willing to do wholesale) were defined as the ones that primarily sold in large volumes, were export oriented, and catered to middlemen, not individual consumers.

3.1.3 Tourists

There was a market study in 2000 initiated by APAT, which profiled the consumers and identified their demand for specific products, satisfaction with the market supply, and willingness to pay for an ecological label. I wanted to elaborate on this study and determine the consumers' motives for purchasing thuya. I focused on the preferred styles, where they first learned about thuya, what was known about the conservation status and other problems, and how their knowledge influenced their purchases.

I interviewed solely foreign tourists, thereby biasing the group of consumers, due to lack of time and ease of accessing this group. Since the majority of tourists pass through the Plaza Moulay Hassan and stop at the cafes in the area, I attempted to get a random sample by approaching foreigners sitting at these cafes.

3.1.4 Harvesters:

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Due to the illegality of the situation I was unable to interview harvesters, however I did go to villages where thuya is known to originate: three villages in Haha, three villages in Ounneine, two close to Aoulouz, and one in Argana. I had a female interpreter, which enabled me to speak with women and men. I asked a more standardized set of questions regarding the household consumption of thuya, dependency on wood sales, what they knew about the end product of thuya, and the impacts of the Department of Water and Forests’ regulations. 3.2 Method of Analysis:

The responses were analysed using content analysis, frequency analysis, and descriptive statistics. For each informant the responses were combined from related questions, e.g. What design sells the best? What’s the most popular style? What do tourists look for?. They were ranked regarding the saliency of the response, i.e. the percentage of informants with similar responses. Free-listing was not necessary since the average number of responses to the open-ended questions was only two. My main motivation was to correlate studies and to fairly represent the separate constituents in the thuya industry.

3.3 Problems:Many of the problems I came across were based on communication either due to differences in language, culture, or aims. I carried out the interviews in French, and only used a translator when interviewing people in the harvesting villages. Therefore my sample of artisans was limited to those who could speak French; most often their mastery of the language was better than my own. This potentially left out the poorer artisans, ones who had not been to school, or were not in contact with tourists.

It took several weeks to understand the sensitivity of the situation, many artisans were afraid of potential fines, therefore distrustful of any governmental officials. The small size and tight knit social fabric of Essaouira inhibited the artisans from speaking their minds. This influenced me as well since I was seen by several artisans speaking with different association and government officials and visiting various workshops and bazaars, therefore labelling me as a biased interviewer. I found a strong amount of distrust of the artisans for any organisation: governmental or local, distrust between the artisans, competition between bazaars, and a plethora of dissatisfaction, apathy, blame and conspiracy theories. All led to either potentially skewed or guarded answers.

Certain questions, especially regarding numbers, either quantity and destination of sales, earnings, number of years in profession, price of products, were difficult to answer, because the sales were unreported, and/or I was seen as a potential buyer. Essaouira is a tourist town, which penetrates all the inhabitants’ understanding of foreigners. I was often a 'potential client' even after carefully explaining my purpose. Problems in the thuya industry turned out to be the easiest theme to initially engage in during discussions, and to get across the fact that I was only a student and not a potential buyer. In several of the interviews I was unable to have all of the questions answered in a way that could be analysed, leading to a smaller overall sample size.

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The large number of artisans made it impossible with the amount of time allotted to interview a statistically accurate sample size. This resulted in a study focusing on qualitative determinations such as demand, current problems, styles, and recent changes in the market. I saw it as extremely important to give the artisans a voice, especially considering previous reports on the thuya industry have disregarded their opinions and the impacts of the market on their livelihoods.

Results and Discussion

4.1 General Results

4.1.1 Artisans:

I interviewed 43 artisans: 14 marquetry, 16 simple, 9 lathe, 2 arabesque, and 2 sculpture workshops. In Essaouira on average 2 to 3 artisans work in one workshop. The total includes 1 workshop of 7 simple artisans in Inezgane, 3 workshops, averaging 4 simple artisans, and 1 turner in Tikiouine, and 1 workshop of 4 simple artisans in Marrakech.

Figure 3

In Essaouira the artisans I interviewed had been in the thuya trade for an average of 16 years and 38% were in the profession for over 15 years. This simply represented a bias in sampling, because the majority of thuya workers have entered the trade in the last 10 years, in the 90’s, which also marked the decline of the industry. 18

18 The average age of an artisan is 28 years, 75% are bachelors, 64% are between 20-30 years, 6.5% over 40 years, 56% joined less than 10 years ago, and only 11.6% have been in the profession over 20 years. (Ministére de l'Artisanat 2003)

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Many artisans immigrated to Essaouira in search of work as the agriculture plummeted from the drought. Statistically many of the people from the countryside turned to the easier types of woodworking such as the lathe, simple boxes, or sculpture. Of those I interviewed the artisans utilising the lathe predominantly originated from the surrounding villages in Sidi Kaouki, Haha, Ida ou Gourd, and Oumskala.19 A smaller percentage of the simple artisans were Berber. All of the artisans in marquetry claimed to be of Essaouiran Arab origin. The increase in thuya workers in the nineties was not only people from the countryside but also local Souiris. The faltering local economy affected everyone. Many artisans I talked with were in school, or have University degrees, but their inability to find work forced them to enter the thuya trade.

4.1.2 Vendors:

I interviewed a total of 22 vendors in separate bazaars in Essaouira (only 7 claimed never to have worked with thuya), 6 in Agadir (4 never worked with thuya), 5 (3 never worked with thuya) in Taroudant, and 3 (all never worked with thuya) in Marrakech. 5 of the bazaars sold a diversity of crafts: 3 in Essaouira and 2 in Agadir. I interviewed 4 wholesalers in Essaouira (out of a total of around 40), 2 in Tikiouine (out of a total of 4), and 1 in Marrakech (total unknown).

The majority of thuya shops I spoke with opened after 1991. The shops that opened before 1991 opened primarily in the early eighties, indicating a boom in thuya sales in the early eighties. There has also been a recent surge in the number of thuya shops in the past three years. The oldest bazaars are in the Skala, with an average age of 24.2 years. The area of most recent growth is on the road between Bani Antar and Mellah Kedim, where the median age was 3 years (n=5).

78% (21/27) of the bazaars interviewed claimed that their principal customers (70-100%) were international tourists; 15% (4/27) claimed that half of their clientele were tourists and half Moroccans, and only 7% (2/27) claimed that Moroccans were their primary clients. The area within the medina determines the type of consumer. Tourist shops tend to be in the areas of the Kasbah and Skala and on main arteries where the larger spaces are better for display. However shops are now opening up in former residential neighbourhoods where merchandise is displayed in the lanes. (Ross 2002:68) The further away from the tourist areas the larger percentage of customers are Moroccans. The Kasbah and Skala, as well as stores in the Ensemble Artisan, Kasbah Jedida and the road to Bani Antar, all indicated that 80-100% of their sales were to foreign tourists. The stores that indicated that a large proportion of their sales were to Moroccans were located far from the tourist areas: close to Bab Marrakech, Bab Doukhala, and beside the fish market in the medina.

4.1.3 Tourists:

I interviewed a total of 74 foreign tourists. Of the 74, 45 were French, 10 British, 8

19 In 1998 an estimated 21.19% of all the artisans were from the region of Essaouira, 13.58% of who were using the lathe. (Chakir 1999:97)

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Dutch, 3 Swiss, 3 American, 2 Spanish, 1 Belgium, 1 Canadian, and 1 German. Figure 4

4.1.4 Harvesters:

I interviewed 20 villagers from 2 towns in Haha, 2 in Aoulouz, 1 in Argana, and 2 in Ounneine. Ounneine is reportedly the main supplier of thuya wood and burl and is the region with the highest intensity of cutting boasting a well coordinated transportation network. I will refrain from naming specific douars (towns) due to the sensitivity of the issue.

4.1.5 Primary Concerns:To assess the problems within the sector, I asked the informants what they saw as the largest problem within the thuya industry. Five general categories were illuminated in the responses. Figure 5

Primary Concerns for Vendors and Artisans 60%

60%

60%

47%

43%

23% 30%

7%

0%5%

10%15%20%25%30%35%40%45%

SalesWood

Quality

Illegality

Waste

The percentages above the bars represent the respondents that mentioned this category as a

concern, not necessarily primary, also secondary, and tertiary.

% o

f tho

se in

terv

iew

ed

Vendors (n=15)Artisans (n=30)

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4.1.5.1 Migration of Workers to Agadir:20

The migration of workers out of Essaouira illustrates the extent of the crisis. 21 As the wood is becoming increasingly rare and expensive artisans are moving closer to the primary source, Aoulouz, where the shlua wood is cheaper and easier to find. Up to 25% (1685) of the artisans have already left for the Agadir area. (Chakir 1999:91) The artisans are primarily migrating to Tikiouine and congregating in a neighbourhood called Dar Souiri. In Tikiouine and Agadir artisans work in larger workshops to save on the rent, but "it's good here there's wood".22 Some artisans are also leaving the profession.23

4.2 Commercialisation Chain

Understanding the trade network includes tracing who are involved, how it is organized, how it changes, where the source areas are and whether they are changing, and how the supply and demand interact. Understanding is essential for any development or conservation programs to be successfully implemented. (Cunningham 2001:60) Due to the illegality of the wood, the involvement of the informal sector, the proliferation of artisans, and the various methods of sale and resale, it is complicated.

4.2.1 Legal and illegal harvesting:As described earlier the artisans' demand for raw material far exceeds the legal supply of wood. The Ministére de l'Artisanat (2003) claim that depots supply only 65% of the demand for wood, the rest is supplied by illegally harvested wood. For the burl, even if the co-operatives were working as planned, they would only supply 10% or less of demand. 90% or more of the burl used is from an illegal source.20 There was a high rate of emigration in the 70's from Essaouira. 1989 marked the highest rate of businesses leaving Essaouira. (Driouchi 2002:16) The rate of emigration was still high in 1995 with 87% of those moving to Agadir, 9.4% to Casablanca, and 1.3% to Rabat. (Driouchi 2002:135) Thuya artisans comprised a large percentage of the emigration.21 Within the past three years there has also been an emigration of the thuya workers from Essaouira back to their villages where electricity has been introduced enabling the use of electric saws, sanders, and lathes that first brought them to Essaouira. They are also closer to a potential supply of wood, and the cost of living is considerably lower. Distance from the wood depots, sawmills, and sales is the only problem.22 Artisans in Tikiouine claimed wood there doesn't come from Rabat or Khemisset, except I saw a large piece of Khemisset wood in one workshop. The artisan justified his purchase "because it was big and you can't get big pieces of arar here", indicating the possible increasing scarcity of large wood in the area.23 One foresighted artisan is moving to Marrakech and plans to diversify and open a grocery store and fish delivery business. "Thuya is too dependent on tourism, I don’t' want to carry all my eggs in one basket."

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Sales included the difficulty of selling products, competition, and a decrease in visitors. Wood included the apparent disappearance of wood and increasing difficulty of finding good quality. Quality included the bad quality of finished products. Illegality represented the illegality of wood and regulations of the industry. Waste represented the waste of wood from the lathe.

The benefits of living in

the Agadir area are

primarily the ease in

obtaining good quality

wood, “no time is lost in

looking for wood, less

hassle from the forester,

In general the difference in origin of legal and illegal wood is that the legal wood comes from the Khemisset Province, while the largest supplier of illegal wood (predominantly the higher demanded Berber wood) is from the province of Taroudant. The illegal harvesting happens at night by inhabitants of villages close to the forest, creating a large ‘informal hidden economy’. There is both large scale and small scale illicit harvesting. Close to Essaouira artisans can rent a car and drive out to the area to buy from the harvesters or harvesters slip small amounts of raw material past the guards into Essaouira often to be sold in the early mornings directly to the artisans. The distance to other forests prevents this small scale harvesting; a large network of harvesters and transporters is in place. Smaller vehicles will take the wood from the mountains to a central collecting area where it is then transported to Essaouira, Tikiouine, or Marrakech in large trucks. It is possible to have the burl delivered by the ton, for example to Marrakech, and sold at 4 DH/ kg. If organizations have the funds they will rent vehicles and drive out to the harvesting areas.

4.2.2 Depots:

Before 1989 the wood was sold once a month in a public market. (Chakir 1999:66) Now it is sold in 18 depots in Essaouira. The wood is sold in units averaging .5 to 1 m long and .3 to .4 meters across for around 150 DH. The better quality wood is more expensive, the wood from Khemisset is larger than the wood from Taroudant or Haha, but both sell for the same price. The burls range from 10 to 150 kg. The price differential is high. The burl is bought at .5 DH from harvesters in Ounneine, and sold for 2.5 -3 DH/ kg from vendors in the Agadir area, and in Essaouira for 5 DH/ kg (depending on the quality it can cost up to 8 DH/ kg). The prices apply to both illegal and legally harvested burl wood. An artisan in Tikioune can spend half the cost for raw materials compared to an artisan in Essaouira. Now many vendors are also purchasing thuya which they store until an order is received.

4.2.3 Sawmills:

The raw material is taken to the closest sawmill, where the wood is cut into planks of .5 to 1 cm. There are 9 sawmills in Essaouira. The price of milling differs depending on whether it's wood or burl: .4 DH / kg for burl and 20 DH/ hour to cut wood. There is a large amount of waste occurring in sawmills: 25-35% of the trunk, 30-50% of the burl is lost when milled. (Forestier 1993) For the burl the waste is due to cracking, its uneven form, or rocks inside (which can also damage or break the machines). For a 100 kg burl, costing 500 DH, at least 150 DH is lost in the milling on top of the 40 DH cost for cutting. Many artisans purchase the waste from sawmills, at around 1 DH per piece, where it is used for veneer, small boxes, inlay or small turned objects. The waste is also sold to hammams (traditional baths) and bakeries as firewood for around 1 DH/ kg.

4.2.4 Artisans:Artisans work in small workshops, often sharing the machines either as partners, apprentices, or employees. The products made are done either for an order from a bazaar or client or from their own initiative to be sold later to bazaars. Smaller articles are

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produced in large quantities over a period of weeks.

The wares are overwhelming sold directly to the bazaars. The artisans sell on average 88% of their products to bazaars, 7% directly to consumers, and 5% for resale in other cities (Ministére de l'Artisanat 2003).24 76% of the artisans (predominantly the turners and simple artisans, while half of the marqueters sold directly to clients) I interviewed in Essaouira sold directly to bazaars.

4.2.5 Bazaars:

Bazaars will either send orders to specific artisans or purchase work by artisans who sell directly to them. Bazaars mark up the price at least 100%, on average 300%, and up to 600%. Bazaars buy work based on its overall appearance and the form's current popularity. The large variety and abundance of stock seen in most bazaars is due to their opportunistic sales tactic based on visual merchandising. If a specific style or design has been selling well they will place an order for an artisan to make several hundred. The marketed styles are very flexible and respond quickly to any new fad or popular form. Once an item is selling well, other vendors place orders and enterprising artisans copy.

4.2.6 Wholesalers:

The wholesalers are located outside of the medina in the area of the artisans' workshops: Ichbilia. They specialise in sales to bazaars in Casablanca, Marrakech, and Agadir where the products are resold. Now the sales to Agadir are decreasing due to the artisans in Tikiouine. There has been an increase in wholesalers in the past 10 years who also supply Rabat, Jedida, Tanger, Fez, Ouarzazate, Tetuouan, Ceuta, France, Spain, Italy, and England. They buy direct from the artisans and claim to mark up the products 10-20%, in actuality 50-100%.

4.2.7 Exportation:

The exportation of products is an important aspect of the trade. The export trade enables market expansion and is increasingly being promoted by the administration to support the sector. It is common to see thuya crafts at county fairs and art and craft exhibitions in England, France, and Canada.25 Many internet sites specialise in the sale of thuya crafts or sell them along with other crafts; thuya is even commonly seen on e-bay. The internet price, for a box 20x12x5 cm, is marked up on average 1160% higher than the rate the artisan receives.26 24 A survey by Chakir in 1998 (1999:110) 96.2% of the artisans sold directly to bazaars, 2.7% sold for resale in another city, and 1.1% (only the marqueters) sold directly to consumer.25 The woodworkers at the Kent County Fair 2003 were sceptical about thuya vendors, claiming "crafts are supposed to be handmade, or here made by the people selling it. With the variety of products, and the finish, it is impossible that the man could make all those. They just seem to come off a factory. I can just imagine all the people in a poor country lined up making them." (personal communication 2003)26 www.casbahcollection.co.uk, www.hungrylion.com, www.bridgetothemed.com, www.atlasart.com, www.aaz-artisanat.com, listings.ebay.com, www.onceatree.co.uk, berberimports.com, www.berberdesign.com, www.kunooz.net, www.africanimports.com, www.mediterraneanaccents.com, www.ameerahimports.com, www.leshommesbleu.com, www.berbersources.com,

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There are also sites which sell the raw wood, thuya burl, for extraordinary prices: $10 to $15/ lb (220 DH/ kg to 330 DH/ kg). (www.thuyawood.com, www.gilmerwood.com, www.yumahardwoods.com 25/7/03) The exportation of raw material is illegal. This was and is circumnavigated by people who wax the outside of burl, and claim that the resulting shiny lump is a sculpture.27

4.2.8 Consumers:

As an artisanal craft, the consumption of thuya is not limited to the city of its origin. The products can be bought in any of the tourist cities: Essaouira, Marrakech, Agadir, Casablanca, Rabat, Fez, Meknes, Tanger, Taroudant, Tetuouan, Ouarzazate, even Sidi Ifni. Thuya’s prevalence on Internet sites opens the market to anyone. The increasing availability of thuya products in other countries could decrease the sales in Essaouira. One French woman didn't buy thuya because "we have thuya boxes in France, here they're nothing novel, only cheaper."

Figure 6

www.artisanaltreasures.com, www.thuyawood.com 25/7/0327 August of 2002 the Chamber of Artisans, in an attempt to further control exportation, created a new law which was faxed to all the bazaars, prohibiting the exportation of sculptures, masks, anything that resembles a sculpture, any product made from the lathe, and all articles over three kg made from the burl. However this law is not applied and has not limited the exportation.

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4.3 Market Response to Demand4.3.1 Tourists’ Introduction to Thuya:To maximise economic gain the producers are forced to understand the dynamics of the product and market developments, and create a product that incorporates their traditions and the consumers' expectations. (Popelka 1991) To understand the demand and the motivations for a purchase it is essential to find out where and how tourists first learn about thuya, which directly relates to their expectations of the final product.81.1% (60/70) of the international tourists I interviewed had never heard of thuya before entering Morocco and learned either from personal contact with vendors or from guidebooks. 25 (33.8%) of the tourists interviewed first learned about thuya in Essaouira. The same amount, 33.8%, first learned about thuya from a guidebook. 7 learned from a previous visit to Morocco, 4 from other experiences. 7 think thuya is a species growing at home (of these 5 were in group tours28), 4 learned from a friend and 2 in Marrakech.

4.3.1.1 Guidebooks:A guidebook can be a powerful tool to direct purchases (as well as provide misinformation), especially considering it is the mode through which many tourists first learn about a product. Guidebooks highlight the origin of the wood, the variety of work, the skills of the artisans, and the historical aspect of thuya artisans residing in Essaouira. Both Lonely Planet and the Guide du Routard are now mentioning the increasing rarity of thuya. These are the two most popular guidebooks: Lonely Planet for English speakers and The Guide du Routard for French speakers.29

4.3.2 Styles and preferences:Tourist souvenir purchases are different from everyday purchases. They are often spontaneous, where the context which an object is acquired can take on more meaning than the object itself, and is associated with an experience or an interaction. (Littrell 1993) A tourist’s requirements for a souvenir purchases are that it is portable, relatively inexpensive, understandable, and 28 The myths about thuya are perpetuated in the group tours, which are educated in the Chez Mahjoub bazaar. There they are taught that thuya grows in France and is found as a small tree in the shrubs. This is the one 'fact' remembered by all the tourists I interviewed who listened to the explanation.29 35.3% of all registered tourists arrivals to Essaouira are French.

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Le Guide du RoutardTranslation: Essaouira is especially known for its unique inlay work with thuya burl wood.... It feels pleasant as it is highly polished and also smells wonderful. As a consequence of the massive and sometimes illegal exploitation of the thuya burl, it is unfortunately threatened with extinction, and the same counts for the trade. So avoid the large bazaars, better yet buy at a craftsman's and admire in his store the refined finish of his work. Also ask if you can see objects made from other woods.... The prices are absolutely not too high; don’t

The Lonely PlanetFor marquetry, inlaid chessboards, caskets and all sorts of wooden trinkets, Essaouira is the centre of production. Thuya wood (Tris articulata) is used (The roots of which are truly beautiful) for production of all kinds of trinkets, but the once-common tree of Essaouira's hinterland is now endangered.

The work is reputedly the best in Morocco, although keep in mind that the wood itself is an endangered species..... A better souvenir option is a painting by one of the artists drawn to Essaouira. (Lonely Planet 2003: 38, 417)

usable upon return to home. (Graburn 1976:15) The Moroccan artisans’ and vendors’ knowledge of consumers’ tastes and interests is very precise, where the perceived demand for particular styles and genres pushes artists to reproduce them. Ordering especially for the export market is an important aspect to introduce new functional objects and styles into the carving. As the market expands, the boundaries for the products’ form and function diminishes, because the consumers are less knowledgeable and interested, and only seek attractive well made objects at low prices. (Cohen 2000:246)

The majority of thuya products are bought for a gift. What is first learned about thuya is that it is a unique aromatic wood manufactured in Essaouira. Those facts are its selling points. Authenticity or uniqueness is attached to something you can't acquire at home. A tourist's purchase is symbolic, because as tourists seek experiences different from their home they also seek proof of those experiences. (Littrell 1993, Graburn 1989) Thuya objects are symbolic of a visit to Essaouira. The consumers only know the general characteristics of thuya wood: the look and smell and where it's manufactured. Because of the souvenir purchases, the nineties created a market that demanded diversity. The products are not attached to a historical use or values so are not limited in form and function.30 The preferences for games, picture frames, and sculptures exemplify this break from traditional forms. A large percentage of the tourists visiting Essaouira buy thuya products. 28 out of the 74 (37.8%) tourists interviewed bought or planned to buy thuya articles.31 Therefore the market base is varied and represents consumers with diverse expectations, stimulating the production of a variety of crafts.

Figure 7

4.3.2.1 Primary Customers and Preferences by Nationality:

30 A French couple in their early forties remarked, "It doesn't look Moroccan, it could be from anywhere, we would just use it as a tool for decoration."31 23 actually bought thuya and 5 will buy. Many tourists were interviewed near the beginning of their trip, so potentially a larger percentage will buy thuya products.

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According to Naciri’s study Moroccans and foreign tourists have similar tastes except with regards to sculptures, desk accessories, mirrors, and lamps. The vendors whom I interviewed remarked that Moroccan nationals, who represent 22.5% of tourist arrivals, prefer small cheap knickknacks, platters, boxes with floral marquetry, or objects from the burl wood, and are adverse to sculptures. The vendors have been noting an increase in the number of Moroccan clients. One vendor claimed that with the increase of boutiques throughout Casablanca, Marrakech, and Agadir more Moroccans are familiar with thuya and are coming to Essaouira to purchase products while on vacation.

The vendors often categorize the specific tastes of the nationalities. The vendors claim that among the foreigners, the French are their primary clients. The French prefer "simple" boxes, boxes made from the wood with only a little burl, or arabesque and more classical work. This could possibly be due to Le Guide du Routard’s recommendation to purchase items made from less burl wood. Vendors mentioned that the Germans, Spanish, Italians, and Americans like and purchase mostly the burl wood. While the Germans and Spanish are only the nationalities that prefer burl wood masks.

According to Chez Mahjoub the order of their clients’ nationality by importance was French, English, Italian, Spanish and German. Americans were the best clients, but since the Gulf War and September 11th they have diminished in importance.

4.3.3 Market Perceptions:

Since intermediaries sell 95% of the wares, the vendors dictate styles directly, by making commands to artisans, and indirectly, by purchasing specific styles based on their perception of the demand and most recent sales. I asked the vendors which type of object sells the best. Five general categories were mentioned: diverse or unique styles, small

items, burl, simple, and quality (listed from most commonly mentioned to least).

Artisans not working on an order are forced to be aware of any new or popular forms and adapt to feedback from the market. Artisans know that tourists are the primary consumers and many mentioned the different preferences between nationalities. Their views of the best selling items are similar to the vendors, except for small and utilitarian items, possibly due to the fact that artisans were more likely to describe the object specifically, while the vendors tended to generalize.

4.3.3.1 Demand Drives Diversity:

According to Naciri’s (2001) study around half of all the consumers interviewed saw a lack of choice, or diversity, in the bazaars. The foreign tourists correlated this to the artisan’s lack of creativity. However what I found was what the tourists saw as the lack of choice was due partly to the proliferation of the same selection of diverse objects in each

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The link between the producer and consumer is often the

middleman, who dictates the design as well as the economic

and cultural value of the commodity.

(Appadurai 1986)

bazaar.32 The consumers want to be able to associate the article with the producer. A unique object is associated with an authentic creation, and is the stimulus for a handicraft souvenir purchase. (Popelka 1991)33

This need for diversity was felt strongly by both the artisans and vendors. 8 artisans in the course of conversation mentioned the need for diversity and innovation. An artisan who worked with thuya since the late 80's switched to arabesque (a more traditional style) in 1991 because he needed a unique style to sell. "Styles need to be constantly changing, if not, it’s difficult to sell if [they are] all the same." The obsession with innovation is driven by sales.

Figure 8

Bazaars are always looking for new designs, and pressure artisans to find new designs by preferentially purchasing novel designs from the street. The perceived demand for novel designs has led to an incredible stock found in many bazaars, to catch the potential buy. Artisans will browse the bazaars in search of different styles and copy (amazingly precise) what they see. Some bazaars keep certain styles hidden to maintain their competitive edge. Tourist art is driven by demands for the novel to which all artisans and vendors must respond to be economically viable. (Cohen 2000:206)

4.3.3.2 Other Specific Styles:Small items include small turned bowls, small statues, ashtrays, picture frames, small boxes, pencil holders, candle holders, which are primarily items made from the burl and ranging in price from 10-15 DH. They are characteristic of a tourist souvenir and not descriptive of the artisans’ abilities. However their high turnover rate and the 100 – 300%

32 A French woman in her forties remarked, "Every bazaar is the same, they’re even selling the same styles of boxes."33 Also, as mentioned earlier, the varied clientele base and the lack of an association to a ‘traditional’ form also influence this drive for diversity.

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mark-up makes them profitable for the bazaars.

Both the artisans and vendors saw a large demand for objects made from the burl. However, they also mentioned a large demand, slightly less according to the vendors and more according to the artisans, for simple objects (preferred by the French), which are defined as objects made predominantly from the wood and without intricate, or any, inlay. Taking into consideration that only 37% of the tourists I interviewed knew that both the wood and burl were used. And most tourists don’t know about thuya before entering Morocco, the preference for the wood or burl is often arbitrary and simply based on what is available in the shop. According to Naciri (2001:12) 34% of the consumers interviewed didn't have a preference for either the wood or burl (51% preferred the burl and 15% preferred the trunk). The vendors have possibly overestimated the consumers’ preference for the burl.

4.4 Distribution of Benefits

4.4.1 Production Rate On average an artisan can produce 105 boxes (20x12x5 cm) each month (ranging from 30 to 200). One box is sold to a bazaar for an average of 25 DH in the low season and up to 30 DH in the high season, depending on the quality of the product and the artisans' connections.In the slow season an artisan can gross 2,500 DH/ month and 3,000 DH in the high season. While, the costs average 1000 DH, including raw materials, rent, taxes, other materials, and electricity. 4.4.2 Prices:

The consumers, especially the foreign tourists, are willing to pay a much higher price

than those offered in the bazaars of Essaouira. The system of haggling in Morocco made

a willingness to pay survey difficult since the prices offered were always assumed to be

too high. Compared to foreigners Moroccan tourists were more concerned about getting a

lower price, and one vendor mentioned he lowers his prices during July and August

during the Moroccan holidays. Here is an example of the cost and earnings breakdown

for 160 small boxes made from thuya wood, not burl, with aluminium inlay and mother

of pearl. One artisan produced these boxes without an order and will walk around with a

sample of the boxes to sell to bazaars when finished.

160 small boxes could be sold for an estimated 15 DH each. The production takes one

month to complete and the costs average a total of 728 DH: 160 DH for electricity, 300

DH for wood, 50 DH for pearl, 18 DH for alcohol, 5 DH for gum arabic, 75 DH for

hinges, and 10 DH for aluminium.

With 160 boxes the artisan's gross revenue is 2400 DH/ month, and his net income is

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1672 DH/ month. He averages 56 DH/ day, which is below the official minimum wage of

85 DH/ day, however it is rare in Morocco for a worker to earn minimum wage. This

artisan is the sole wage earner of his household and supports a wife and three kids. The

same box is then sold for 25 DH at a wholesaler and from 40 to 55 at a bazaar to a

marked 95 DH in Afalkay Art.

See Image A5.11

Figure 9

The Median Price for a Thuya Box (20x12x5 cm)

80 90

150120

315

85 90

149 150

281

050

100150200250300350

Pric

e in

DHs

Burl

Marquetry

I attempted to determine the average prices for a popular sized box, 20x12x5cm. I did not bargain and asked the price for two different styles: one made completely from the burl and another with simple inlay on the lid. There was always a price difference between these two types of boxes, but whether it was higher depended on the bazaar. The prices also varied between cities. Boxes were most expensive in Taroudant; possibly because of the relatively little competition. There were only five thuya vendors; all paid locals to guide tourists to their shops.

Outside of Morocco foreigners are willing to pay prices which are two times higher than the average offered in Moroccan bazaars. On the Internet the uniqueness of the burl wood is emphasized and many sites only advertised burl products.34 The bazaars sell the

34 (www.casbahcollection.co.uk, www.hungrylion.com, www.bridgetothemed.com, www.atlasart.com, www.aaz-artisanat.com, listings.ebay.com, www.onceatree.co.uk, berberimports.com,

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Artisans’ Views"Tourists come, rich, in a group, and come take pictures. They have a guide, eat, leave..... And me." Said one artisan who has been working for 40 years, seen his wages go down; the prices for wood increase, and is currently living on credit "We don't have the right to dream of a car, a stack of money..." explains one artisan, a father

products at low prices due to intense competition. Many vendors quickly dropped their price to 40 DH for the average box, simply to turnover their products.35 The prices for thuya crafts in Morocco, Essaouira in particular, could be higher, especially if there were set prices.

4.4.3 Higher Costs and Decreasing Income

4.4.3.1 Costs for Raw Material:The cost for raw materials has steadily increased since the late 70’s. The price for the burl inflated the most between 1982 and 1986, rising from .5 DH/ kg to 2.25 DH/ kg. (Ministére de l'Agriculture 1992:10) The steep increase in cost for wood occurred in the early nineties and now averages 150 DH per unit.

The rising costs for wood are compounded by the diminishing prices for the final product. The largest increase of artisans occurred in the mid-nineties which flooded the market, the resulting competition led to a dramatic decrease in the cost for the final products. 10 years ago an artisan received 50 DH from a bazaar for a 20x12x5 cm box, the same box is now is purchased at 25 DH.

4.4.3.2 Artisans’ Income:

The wages artisans earn are dropping. The difficulty in sales and earnings was noted as the largest problem facing the thuya industry by 36.7% (11/30: 1/10 marquetry, 7/11 simple, 1/6 lathe, 2/3 other) of the artisans interviewed. This is especially prevalent for the simple artisans. A survey done by the Délégation de l'Artisanat d'Essaouira in 1991 (Chakir 1999:61) claimed the average salary for a master artisan was 3,000 DH/month, a turner 2,500 DH/ month, and an apprentice 900 DH/ month. A recent report by the Ministére de

l'Artisanat (2003) stated that the average salary was 2,500 DH/ month, which is possible for artisans who receive constant orders and before costs. My survey indicated that 1,500 DH is the average monthly net salary, ranging from 250 for an apprentice (who has been an ‘apprentice’ for ten years) up to 4,000 DH/ month for artisans whom sell large furniture by order. Turners’ average net income is 1,000 DH/ month while artisans’ net income is from 1,500 to 2,000 DH. This indicates that the earnings have decreased dramatically in the last ten years.

Artisans who make large pieces, such as tables or furniture, are able to earn a higher income; however starting requires large capital for investment and a clientele base.

www.berberdesign.com, www.kunooz.net, www.africanimports.com, www.mediterraneanaccents.com, www.ameerahimports.com, www.leshommesbleu.com, www.berbersources.com, www.artisanaltreasures.com, www.thuyawood.com 25/7/03)35 Several tourists I interviewed remarked on how cheap the boxes are: "How can the bazaarists stay in business with prices like that....what do the artisans earn?"

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When talking to people whom are not artisans or in the thuya business, I explained that some artisans only make 250 DH/ month. They responded "that's good; at least they're making something".

4.4.3.3 Seasonal Sales:

The role of the intermediaries, the bazaars and wholesalers, is paramount in helping to develop and commercialise tourist crafts. Exploitation comes from the intermediaries, whom capitalise on their knowledge of tourist preferences and market potential, and poorly compensate artisans for their work, which is a common factor in tourist handicrafts.

The artisan’s salary is limited by the prices offered by the bazaars and wholesalers. "When bazaarists give a price we have to take it." The term "Mafia" is often used by the artisans to describe the bazaars. Bazaars are seen by the artisans as the root of the decreasing wages and the only ones earning money in the thuya industry. The fact that there are no guaranteed prices for the products make them directly dependent on the season, competition between other artisans, external events, and tourism trends.

Tourism in Essaouira is highly seasonal: August, July, April, and September are the peak months, followed by the months of March, May, June, and October. August represents the highest number of arrivals. August is composed of more internal tourists, either residents or returning non-residents. Foreigners are present all year, primarily in the spring and the end of the year. In the busier tourist months it is easier for artisans to sell and at a higher price; competition drives down the prices in the low season. Both Ids were noted by artisans as the worst time for sales, especially Id al-Adha which falls around February, March, and April, after the slow season.36. During the feast artisans need immediate cash and are obligated to sell their wares at low prices, sometimes for lower than their costs.

Figure 10

Source: Délégation de Tourisme d’Essaouira, personal survey 2003

36 Id al- Fitra falls between December, January, and February.

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For the vendors June is a poor month for sales, however because they start stocking at this time for the season in July and August it is better for the artisans. April is a better month for the bazaars in regards to sales, which can be explained because it falls three months after the slow season and during the time of the Id al-Adha. Seasonal sales also depend on the bazaar’s location in the city. Foreign tourist areas are busiest during winter and spring, while other areas are busier in the summer.

4.4.3.4 Competition between Bazaars (Package Tourists):

One vendor responded that the competition from other artisanal sectors is hurting his sales. From 1995-2001 there had been an increase in iron soldering, including skin lamps, rugs, leather and importation of products such as pottery from Safi and articles from the Sahara. However thuya merchandizing bazaars increased the most relative to all other sectors. (Ross 2002:72)

20% of the vendors claimed that competition with bazaars that pay commission to guides was their largest problem. There are two bazaars in Essaouira that pay commission: Afalkay Art in Plaza Moulay Hassan and Chez Mahjoub in the Ensemble Artisan Complex. Vendors claimed their business was decreasing because these two bazaars monopolized the sales to package tours by paying guides 25-30% commission on all the sales. Local guides, who are required for groups over 21 tourists, lead the groups to only these bazaars. The prices in these bazaars are also 20-30% higher than the smaller bazaars. All the vendors I interviewed as well as the artisans know about this commission.

There are no official statistics on the package tours because they stay only for the day. One tour guide said that on average 3 buses (on busy days 5-6 busloads) with 20-30 tourists arrive per day. 5 other bazaars mentioned that 5-6 groups come to Essaouira every day. With this estimate, 60 to 180 tourists (average 90) per day pass through these two bazaars in package tours. At any given day in Essaouira package tourists can account for between 22.6% and 67.7% (average 33.8%) of all the tourists.37 Of the 7 package tourists I interviewed, 5 bought thuya products, possibly indicating a higher propensity to purchase items. Package tours must wield a large influence on the market in Essaouira.38

However even for one of the bazaars that charges commission the overall decrease in visitors was referenced as their largest problem along with the decline in the frequency of

37 In Essaouira for 2002 there was an average of 266 (99848/365) registered tourist arrivals per day. (Délégation du Tourisme)38 There are also smaller group day tours that are unaccounted for, however their numbers are not as remarkable as the package tours. I found one other bazaar that admitted paying commission to guides of the smaller groups. Most bazaars claim to work at such a low profit margin they can't afford to pay commission.

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22 artisans ranked the months in the order of best sales to worst: August, July, September, December, June, November, October, January, April, February, May, and March. August, July, and September were ranked much higher than

sales within groups. This is a sentiment expressed by many of the vendors, 60% of all the vendors mentioned a noticeable decrease in sales. "Before people would enter shop and buy, now people just look."

4.5 Change in Production

One artisan who has worked with thuya since the 70's claimed "each piece should be individual, mass production loses woodwork, and woodwork is an art."

4.5.1 Mass Production?

Mass production is not an accurate description for thuya woodworkers. The majority of artisans produce small boxes and portable tourist souvenirs from private or shared workshops. Of those I interviewed 40.5% work alone, 18.9% work as employees, and 40.6% work in shared workshops. In general these small workshops produce a large quantity of the same product every month. Compared to the 30's, the artisans now work in smaller and more independent workshops.

Mass production, brought on by the increased demand, requires the division of labour and tasks. (Cohen 2000) Dissociation includes bringing workers in from outside or separating tasks of the production process. For example semi-finished carvings in Thailand are sometimes shipped into woodcarving towns for finishing and sale. (Cohen 2000) There is an apparent division of labour which was always a part of thuya production. Young apprentices (Now in some cases the women and the family will polish the pieces at home while watching T.V.) were relegated to the tasks of sanding or polishing. There never was a tradition for artisans to harvest wood, and the artisans usually were isolated from the sale. However, the individuality of the Moroccan culture has prevented the creation of large 'putting out systems' associated with many tourist crafts and has maintained the entire production process in the hands of the artisans.

In the 20’s and 30’s the artisans were organized under patrons whom received orders, and worked with l’amin and Mohtasseb to control the quality and price for the thuya products. There was strict control over the number of years for apprenticeships and the number of new master artisans.

4.5.2 Associations:

The Mohtasseb disappeared in ’68 (Oqba) and the l’amin now only functions as a title. Local organization for thuya workers now falls under governmental agencies. All the artisans (not solely thuya) must register with the Chambre de l'Artisanat which is

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intended to represent the artisans’ interests.39 The Délégation Provinciale de l'Artisanat is responsible for the exportation regulations and banking matters regarding the artisanal sector. As far as smaller co-operatives and associations: the most well known are the Coopérative des Marqueteurs, founded in 1949, with 60 members, APAT (l'Association Professionalle des Amis de Thuya) with 40 members, and a Consortium, with 50 artisans, sponsored by ONUDI, directed at developing quality exportation.

The artisans expressed preference in working for themselves.40 There was a unanimous consent regarding the governmental agencies which were seen as little if any to help the artisans. "The president of the Chambre de Artisanal is not even an artisan, just a bazaarist who helps bazaarists." The artisans (27/35) who knew about the organizations in Essaouira and were not either a member or using their facilities did not trust them. The sentiments expressed included: "They are too political." "They are all just for self-gain and organize all the work for them." "The co-op takes all the good wood." "They choose the members and never choose the poor artisans." Overall, for those not involved, all organizations were seen as having little impact on day to day trade and a detriment to trade in the long term.

4.6 Quality of products

Market expansion leads to mass production of cheap products in a variety of styles. (Cohen 2000:246) Many thuya workers are not trained, that is they have not undergone years of apprenticeship.41 They enter the profession solely as a means of income. Quantity is generated by less experienced artisans who meet the perceived commercial demand through middlemen and direct sales to tourists. This has inevitably driven down the quality of the finished products. 5 of the artisans blamed the decrease in quality on the people who have entered from the countryside. 1 simple artisan stated: "Artisans come from the countryside due to the drought, and are untrained. Too many artisans make it difficult to

sell." 4 marqueters exclaimed, "All the people that come from the countryside aren't artisans and work with thuya. [They] make bad quality and bazaarists still buy."

Thuya is a difficult wood to work with. Due to its hygroscopic nature the wood warps if not dried properly or if subject to changes in ambient humidity. Essaouira is much more

39 The Chambre Artisanale is responsible to the Ministére de l’Artisanat under the Ministére de l’Economie Sociale des Petites et Moyennes Enterprises et de l’Artisanat.40 "What can an organisation do for me? I like working like this. Each day I do what I want.” expressed one simple artisan, who has worked with thuya for 25 years.41 The increase in workers has paralleled the decrease in apprenticeship. Now 64.7% work without apprentices. However 88% claim to have learned by apprenticeship, from their parent, or from a friend, for an average duration of 6 months. (Chakir 1999:109) I found apprenticeship difficult to define. Most of the marqueters learned as a child from family or friends. And the artisans who entered the trade as an adult most often learned from a friend, but not as an official apprentice.

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When complaining about the quality of products one artisan mentioned that "a lot of people don't see the wood, they see money." To counter this, another artisan, who began in ‘82, stated "most that go into wood working see no other job opportunity."

humid than both Marrakech and Agadir, the two cities most tourists pass through after Essaouira, and often deformation is experienced upon arrival to these cities. Warping is more prevalent in the lower quality and wetter wood from Khemisset or Oujda. The bazaars in Agadir started buying products from Tikiouine 4 years ago, because the "wood from Essaouira is not good. It's the Khemisset; it warps and is yellow and weak."42

On top of the raw material the workmanship is often shoddy, obviously performed to maximise production or due to lack of knowledge of the craft. Obvious signs include: glued corners, poorly cut edges, improper cuts evened with filler, and hinges nailed on and not embedded or screwed. The problem is compounded when wood that is not properly dried warps in a drier climate which puts pressure on roughly cut and glued corners often resulting in the splitting of the box.43

Both the vendors and artisans noted the poor quality of thuya products as a problem. It represented the primary concern for 20% and was mentioned as a concern by 60% of the vendors. The decreasing sales were attributed to the poor quality of products. Needless to say, the majority of the bazaars I visited were selling poor quality products: roughly cut and not well finished. Fewer artisans, 13.3% (4/30: 3/10 marqueters, 1/6 tuners), primarily the marqueters, ranked the quality as a primary concern. They saw the work now as a travesty to the “real maâlmine”.

The foreign tourists know little about the prevalence of substandard products and highly rate the product quality. The purchase of substandard quality products by tourists allows for their continued production, which could be detrimental to the market in the future. One vendor explained, "they care more about the price than quality.” A tourist's purchase is symbolic, and the quality is often secondary, because as tourists seek experiences different from their home they also seek proof of those experiences. (Graburn 1989, Littrell 1993)

Even though the quality of items is not ranked high as a requirement for souvenir sales, poor quality definitely has a detrimental impact on sales to foreign tourists. 31 tourists I interviewed were aware of problems with thuya: either the quality of the finished product or environmental problems. 9 knew about the propensity for the thuya crafts to warp or crack.44 None of these tourists bought thuya products.

Meanwhile tourists who knew about the conservation status of thuya were more likely to purchase crafts. 22 tourists were aware of the environmental status of thuya (9 French, 5 British, 2 Americans, 4 Dutch, 1 Canadian, and 1 German). Of the 22 tourists, 12 (54.5%) still bought thuya products. Only 30.8% (16/52) of the tourists that didn't know about the

42 A vendor in Agadir said there is "no problem with the availability of wood, just go farther in the mountains. Wood is better here; wood is not a problem for artisans. They can get it anywhere, anytime."43 In Naciri’s study (2001:12) an incredible 40%, of the 63 Moroccan residents interviewed, claimed to have suffered from these attributes. Of these clients 54% experienced deformation of wood, 27% ungluing, 19% bad quality of varnish, and 15% bad finish in general. However 79% still rated the quality of the thuya products as good to excellent.44 7 were French and 2 Swiss. 4 learned about the problem in Essaouira, 1 in Marrakech, 1 from a friend, and 3 from other sources (2 of who experienced those problems).

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conservation status bought thuya products. The most common source that tourists first learned about the problem was from a guidebook. 13 tourists (5 French, 3 British, 3 Dutch, 1 American, and 1 Canadian) read about it in the Lonely Planet and Le Guide du Routard, 8 (61.5%) of whom purchased products.45

The rarity of thuya appears to enhance purchases. Internet sites are starting to capitalise on this phenomenon. One site, www.kunooz.net (11/8/03), remarked, "Thuya is rare. It will no longer be available years from now when all the burls have been overturned and used. Thuya is highly collectible for this reason.”

Economic value is based on the combination of desire and demand; valuable objects are ones that "resist our desire to possess them." (Appadurai 1986:5) This is especially prevalent with wood carvers for whom the raw materials are hard woods, which are slow growing and therefore unappealing to propagate and whose unique properties make substitution difficult. Decreasing availability leads to an increased demand for the product and should therefore result in higher prices. However for thuya, the flooding of the market with products has actually induced a decrease in prices, even though the wood is increasingly expensive and difficult to obtain. When thuya is more scarce and unable to supply the artisans’ needs, sales will potentially be enhanced, which could further threaten the remaining population of thuya.

4.7 Wood Supply and Problems

4.7.1 Current Situation:

30 years ago it was possible to find one burl large enough to mill and use for an entire table. Now the pieces average 50 kg. It is rare to find burls sold in the depots. Artisans

buy scraps of the burl from sawmills for use only in inlay or veneer. The scarcity and expense of the gaiza shlua is compelling artisans to combine thuya with other woods such as cedar and resort to the lower quality more available gaiza rabatia.

Artisans are keenly aware of supply problems. Many fear the eventual disappearance of the wood and their livelihoods. 30% (9/30: 5/10 marquetry, 2/11 simple, 1/6 turners, 1/3 others) of the artisans ranked the disappearance of the wood, the increasing difficulty of finding good quality, and its potential disappearance as the primary problem in the thuya industry. This only

slightly trails the 36.7% who ranked earnings as their primary concern.

45 5 (3 bought) tourists learned about it in Essaouira, 3 (1 bought) from other sources, and 1 (who didn't buy) from a friend.

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When asked about the illegality of wood, one vendor in Taroudant explained "problem? I go to the wholesalers to buy products, the marchandise, I come here and sell. It's not my problem. I don't work with raw wood... It's the artisan's problem."

"Yeah I know it's endangered, I feel a bit guilty, but had to buy a box." (Canadian man in his twenties)

The vendors were also troubled by the wood supply: a quarter ranked it as their primary concern and 60% mentioned it as a concern. Three claimed that it's a result of the Department of Water and Forests’ harvesting wood without replanting. For two others it's only because the burl is difficult to find, necessitating harvesting further away. One blamed it on the increased use of lathes, which waste the burl, resulting in less wood for all. "The burl kills the tree, but the demand is for the burl." This sentiment is echoed by 1 (out of 10) simple artisans who claimed that waste of burl wood is the primary problem, which he linked to the increase of unskilled artisans and the subsequent increased use of the lathe.46

One vendor had a stockpile of thuya so that he could respond quickly to large orders. This bazaar is not the only one to start stockpiling. One artisan, who switched professions five years ago, from a mechanic to a thuya worker, explained "the only reason artisans are not stockpiling is simply because they don't have the money." Since the price of wood has been fairly stable, stockpiling is evidence of a severe supply problem.

Wholesalers in Tikiouine and Marrakech are selling wares to bazaars and wholesalers from Essaouira for resale in the city, due to the shortage of burl and its supposed popularity. These stores specialise in products made solely from the burl. One wholesaler in Marrakech who I spoke with orders burl by truckloads of 6-7 tons from Aoulouz.47 Vendors in Marrakech, Casablanca, Rabat, and Essaouira purchase the subsequent boxes and turned objects, which are marketed as products from Essaouira.

4.7.2 Fear:

The artisans are subject to potential fines for working with or purchasing illegal wood. There have been instances of a Forester or police checking on the artisans. "This is not hash or heroine. This is wood." Many artisans didn't want to have their pictures taken or names recorded. When one started talking about the situation friends came around and started laughing at him, at his apparent boldness, and kept on exclaiming "he wants to get caught by the police.” 16.7% of the artisans interviewed (5/30: 1/10 marquetry, 1/11 simple, 3/6 tour, representing the largest problem for the turners because of their predominant use of the burl) claimed the primary problem in the thuya industry was the illegality of wood. These artisans did not see a problem with supply or a problem with the potential disappearance of thuya. The limited supply of wood was blamed on the Department of Water and Forests whose regulations restrict harvesting. "There is wood in Essaouira, but the forest is closed, so wood comes from far away."

4.8 Local Perceptions4.8.1 Wood origin:

Khemisset and Aoulouz are the major suppliers of wood. Of the artisans and vendors interviewed 31.4% (n=35) stated that the wood they used originated from Rabat/ Khemisset, 54.3 % said Aoulouz-Taroudant, and 14.3% said Haha. The responses ranged

46 The lathe wastes up to 50% of the raw material. (Forestier 1993)47 His supplier is able to bring the wood 3 to 4 days after a phone call.

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from Rabat-Khemisset, Aoulouz, Argana, Haha, Ida ou Gourd, Eid Mellah, Azrou, Oujda, and Zerf. Anzi, Tiznit, and Agadir were also mentioned.

If the burls were legal 100% would be from Tamanar. According to the artisans and vendors interviewed 35.7% (n=42) claimed the burl comes from the forests around Essaouira (only 14.3% specified Tamanar). 55.6% claimed the burl originated from Aoulouz, Argana. The responses ranged from Aoulouz, Haha, Agadir, Taroudant, Argana, Ida ou Gourd, Tamanar, Ait Daoud, and Ounneine. This wide range of responses indicates a widespread geographic area of harvesting, as well as varied understanding of the specific locality of origin.

The impact of the thuya trade is found throughout Morocco, harvesting impacts all the villages in the geographic distribution of thuya.

4.8.2 Income:

Thuya harvesters can sell the jhder for .5 DH/ kg, which is “good money.” 100% of the interviewees agreed that some families’ income depend on the revenue from selling illicitly cut thuya. People from the douars (villages) in the area of the thuya forests "steal the wood so as to survive." One woman in the village with no azuka said, "If I had azuka I would sell it because I need lots of money."

4.8.3 Harvesting Operations:

The small scale and large scale harvesting depends on the region. Closer to Essaouira which is more tightly patrolled, the harvesting is done on a smaller scale and taken out in bags, boxes and trunks of cars. Aoulouz, which is hundreds of kilometers from Essaouira has many remote villages, requires large organized transport. In general the villagers cut down one trunk from the tree at a time, store it in a ravine, and wait for night when pick-ups gather the wood and take it to Aoulouz, where large trucks are waiting. Sometimes illegal wood is hidden under legal stamped wood or other goods and is driven out at night when there are supposedly no foresters patrolling or police checks.

The larger scale operations can function on orders, where trucks bring chainsaws to the harvesters, who then are able to harvest the entire tree. Specific villages are more responsible for cutting than others, depending on connections, funds, and other subsistence economies. "The people here are specialists."

4.8.4 Views of the Department of Water and Forests:

There was a consensus among my informants who indicated distrust of the Department of Water and Forests’ actions. “The forestier in Aoulouz stays for 3 years and earns about 3,000 DH/ month. So he must profit from his position and includes fines.” An artisan in Agadir said "[There's] no problem here we just hand over 100 DH and smoke up over

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"The people here are poor; without the

forest there is nothing.”

"The poverty will never change because

there is nothing to replace the wood."

tea." One informant in Aoulouz noted that “For the large trucks or depots with illegal wood there is an accepted payment of 3,000 DH, which is paid and business allowed to continue as usual. Up to six trucks leave Aoulouz a night.” For the harvesters the fines exacted by the forestry can be substantial, often too large for them to pay. The fines range from confiscation of the hatchet, donkey and a few hundred Dirhams, and up to several thousand Dirhams. Especially in the areas of Haha and Aoulouz, it's not uncommon for harvesters to enter prison because they are unable to pay. I spoke with one wife and mother of six whose husband just entered for a three-month sentence. The current situation has obliged thousands of harvesters and artisans to deal in unlawful trade where they are subjected to fines and or blackmail.

Legal harvesting is controlled by the Department of Water and Forests who allocate the area and size of the cut and issue permits. I was shown two organized cuts. The entire above ground growth was removed in forests bordering the two villages and locals complained that now pasturage and small-scale collection of firewood is now difficult, which is also an impact of the drought.48 34% of those interviewed blamed the Department for the decreasing thuya population. In most of the illegal cuts only one trunk is taken at a time, that is, if the burl is not removed. One woman exclaimed that the "forestier come and cut trees, then sell the wood to make boxes, the government cuts not only arar but all the trees, also the za-atar, if the local people are employed that would be better, but we're left..."

4.8.5 Impacts on all Villagers:

Thuya is used for construction, especially in roofs, which are cooler and more aesthetic than cement. However, now in the Province of Essaouira, the price for a thuya roof is more expensive than cement. Poles which were 1 to 2 DH each 15 years ago are now 4 DH. Around 100 poles are needed to cover one room. 4 - 6 larger pieces, depending on their size range from 12-15 DH for small and 30-60 DH for large trunks, are also needed as braces. In Haha I saw only relatively smaller trunks used for new roofs. In Haha and villages close to Aoulouz it was common for newer houses to boast cement roofs. In Ounneine, where the large wood is easier to access, and the villages are poorer and more inaccessible, cement is less of an option.49

The sentiment was expressed, in the Haha area, that the regulations set by the Department of Water and Forests were the causes of the scarcity of large wood. Both the areas claim that it is harder to get large trunks of wood: 76.5% (out of 17) of those interviewed expressed concern about the difficulty of finding large pieces of thuya for construction. A villager in Ounneine stated, "It’s hard to find the large pieces because people come from Essaouira and from Marrakech. They buy the wood from people who steal it." The growth in the demand for raw material from the thuya handicraft industry is negatively impacting all villagers throughout the region of the species’ distribution.

48 It was also noted that with the drought sometimes thuya fails to regenerate after being coppiced.49 It is possible to acquire a permit to cut thuya for construction purposes. However in Ounneine I found that villagers were afraid to approach forestry officers.

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4.8.6 Differing Views between Haha and Ounneine:

Whether the locals perceive a sufficient population of azuka depends on the location of the village, whether it is in areas of active harvesting. All the men who were not potentially harvesting in Ounneine and Aoulouz were apprehensive about the future of the forest. The men who were probably harvesting expressed concern about the difficulty of finding larger pieces of wood and the regulations. However, in the region of Haha the men interviewed did not express concern for the future of the thuya population.

4.8.7 Destination of Harvested Thuya:

In the villages surrounding Aoulouz the majority of women didn't know about the burl or why the wood was being harvested and sold to Essaouira or Marrakech. The men do the woodcutting. And all the men interviewed knew the wood was used "to make boxes in Essaouira."

Conclusion

5.1 Completion of Objectives

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Research Questions:

How are thuya crafts commercialised?

How has thuya craft production changed in response to the market

demand?

What are the social, economic, and environmental impacts of this

change?

Research objectives:

- ascertain how the influx of tourism has affected craft production

with respect to the styles, distribution of benefits, division of labour,

and harvesting pressure

- compile data on the carvers, vendors, consumers, and harvesters

- determine the consumers’ knowledge, motives, and preferences for

purchases

The influx of tourism has most definitely influenced, created, and been the detriment for the thuya industry in Morocco. The industry grew spontaneously, spurred on by the increase in tourism, leading to deteriorating economic and environmental conditions. The recent population boom, economic crisis, and drought have also increased the number of artisans, driving down the prices and quality of the products. Lower prices have led to increased production rate as artisans are forced to cover higher costs and lower returns, thereby inflating harvesting pressure as well as maintaining the low prices for the finished products. Conservationists and community development specialists are keen on promoting the marketing of handicrafts. The revenues generated by the thuya industry have attracted governmental and international agencies who promote thuya production as a means of revival for the city of Essaouira. Promotion should go hand in hand with sustainability. Sustainability includes not just the ecological sustainability, but also the economic profitability and socio-cultural appropriateness.

The thuya sector in Essaouira is in a crisis and at the current rate is unsustainable. Economically it is unsustainable. Earnings are plummeting for the artisans as the price for the raw material increases while the price for the final product decreases. Culturally it is unsustainable. The products that are produced are not descriptive of the culture, nor do they exemplify the skills of the few master artisans. Ecologically it is unsustainable. The rate of harvest is not able to supply the artisans’ demand for wood. One quarter of the artisans and vendors I interviewed predicted the eventual disappearance of thuya. The increasing costs and regulations regarding thuya are also negatively impacting the lives of people who live in the harvesting areas.

The gross revenue generated from sales is an incomplete measure of the impact of a tourist craft industry. Tourism is inherently unstable so monthly and yearly income is not dependable. Development of a market inevitably leads to unequal distribution of benefits, where the intermediaries earn the larger market share. Unsustainable harvesting, without any management plan or reforestation, limits the future of the market. Sustainability not only involves the natural environment, but also the social welfare of all the participants. (Evans 1998)

5.2 Solutions:

I dislike recommending solutions for the thuya industry as all reports since the 50's have suggested changes. Thuya represents the livelihood for thousands and income for millions of Moroccans. With the ability of thuya to coppice, products made from the wood could be sustainable. Any solutions would have to take into account the commercialisation chain and market demand.

Fair Trade: Organizations such as Tourism Concern, IUCN, WTO, and WTTC are encouraging international awareness of the need for fair trade. Fair trade is a marketable label that

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takes into account sustainable use of natural resources, fair share of benefits including fair wages and working conditions, fair trade between tourists and local people, and fair market pricing. (Kalisch 2000) I am not endorsing the establishment of a label, rather the use of the guidelines to ameliorate the situation. Fair trade in the thuya industry would entail making fixed and guaranteed prices, and increasing the sale price of the products, thereby assuring that artisans receive higher wages. However, the current extensive illegal harvesting makes the supply of raw material difficult to manage and consequently difficult to implement sustainable harvesting measures.

Certification:Forest certification is another 'eco-label' which adds value to products and promotes sustainable management practices, and could ameliorate the impacts of tourism. However, certification is a long process requiring the compliance with a myriad of laws and criteria. APAT, funded by PMF/ FEM (PNUB) Program of Microfinancing sponsored by Funds for the World Environment, and in coordination with Woodmark, the Secretary of the State and Environment, and the ONG Enda Maghreb (WWF), is working with a group of 40 artisans towards the certification of the J’bel Amsitten forest. This project will only impact a small number of artisans, because of the industry’s enormous demand for wood.

One way to successfully carry out certification as well as to change the current situation would be to target the consumers through education and advertising campaigns. 50 The overall ignorance of the consumers towards the product could be helpful. Since tourists primarily learn about thuya through guidebooks and at the bazaars in Essaouira, a campaign should target these two places, and encourage the purchase of better quality items made from less burl or other types of wood at higher prices. The majority of tourists, especially the individual and cultural tourists (that are descriptive of the arrivals to Essaouira), are receptive to the marketing of fair trade and certificated products. (Evans 1998) Consumers are willing to pay more for certified products, 20% higher in the case of thuya. (Naciri 2001) Thuya crafts are souvenir items bought primarily by foreign tourists. The necessity for bazaars and artisans to be sensitive and responsive to changes in the market demand could facilitate the implementation of reforms.

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