LGBT rights in Morocco

LGBT rights in Morocco Morocco
Morocco and claimed territories
Same-sex sexual intercourse legal status Illegal[1]
Penalty:
 6 months to 3 years imprisonment, fine[1]
Gender identity/expression –

Lesbian, gay, bisexual, and transgender (LGBT) persons in Morocco face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Morocco. Morocco's statutes and culture towards LGBT issues stands in stark contrast to that of neighboring Spain.

Law regarding same-sex sexual activity

Article 489 of the Penal Code of Morocco criminalises "lewd or unnatural acts with an individual of the same sex".[2] Same-sex sexual activity is illegal in Morocco and can be punished with anything from 6 months to 3 years' imprisonment and a fine of 120 to 1,200 dirhams.[3][4] However, the law is sporadically enforced by the authorities,[4] with a degree of tolerance extended to homosexuality in the holiday resorts like Marrakesh.[4] The legal status of LGBT people living in Morocco stems largely from traditional Islamic morality, which views homosexuality and cross dressing as signs of immorality.[5]

In 2016, two girls were arrested in Marrakesh after one's cousin took a photo of them kissing. This sparked international outcry and the use of the hashtag #freethegirls. Their case was postponed until December 2016.[6] In early December 2016, the two girls were acquitted.[7]

Government policy

None of the major or minor political parties have made public statements in favor of LGBT-rights and no LGBT rights legislation has been enacted. Government attitudes towards homosexuality tend to be in the interests of the protection of the tradition of the country, in keeping with the culture's traditional gender roles and religious mores. It has banned books on homosexuality and required schools to teach a curriculum that "emphasises...the danger and depravity of "unnatural acts". Moreover, on 21 March 2008, a statement issued by the Ministry of Interior revealed the full and wide scope of the government's agenda: to "preserve citizens' ethics and defend our society against all irresponsible actions that mar our identity and culture".[8]

In terms of foreign policy, the government opposed the participation of an International Gay and Lesbian Rights Representative at the 2001 United Nations Conference on AIDS-HIV. They also opposed a United Nations resolution that would have formally condemned discriminatory anti-gay laws.[4]

Recognition of same-sex relationships

There is no legal recognition of same-sex couples.

Discrimination protections

Discrimination or harassment on the basis of sexual orientation or gender identity is not addressed in any Moroccan civil rights laws. Most Moroccan citizens were raised to believe that homosexuality and gender identity are signs of western decadence or immorality and the government does not consider it "in the best interests of the people of Morocco" to formally address the issue of LGBT-rights in Morocco.[4]

Gender expression

Traditional cultural and religious mores tend to associate cross-dressing with homosexuality. Culturally, certain forms of cross-dressing have been tolerated in areas where women were not a part. The initial lack of female actors meant that the roles often went to men, who were generally assumed to be homosexual, but were shown a modicum of tolerance.

In the 1950s, the publicity surrounding Coccinelle helped to establish Casablanca as being a place where certain doctors were willing to perform sex change operations, albeit in clandestine circumstances.[9]

Today, it is unclear whether this reputation still exists or what the current government policy is for transgender people. A Morocco transwoman named Randa did reportedly publish a book, although little is known about its contents or commercial success.[10]

Living conditions

Morocco has a male-dominated culture, a patriarchial society with traditional gender roles that prefers a male, and a female, to get married and have children.[9] The government continues enforcing in a laid back fashion, the laws on homosexuality with several public arrests.

A court in Ksar el-Kebir, a small city about 120 kilometres south of Tangier, convicted six men on 10 December 2007 of violating article 489 of Morocco’s penal code. However, according to the defendants' lawyers, the prosecution failed to present any evidence that the men actually had engaged in the prohibited conduct.[11]

The men were sentenced to varying terms on 17 December 2007, after a video circulated online—including on YouTube—purporting to show a private party, allegedly including the men, taking place in Ksar el-Kebir on 18 November. Press reports claimed the party was a "gay marriage." Following the arrests, dozens of men and women marched through the streets of Ksar el-Kebir, denouncing the men's alleged actions and calling for their punishment.[2]

In 2010, the government permitted openly gay singer Elton John to give a performance during the Mawazine Festival, despite objections from the Justice and Development Party, which was, at the time, the biggest opposition party in parliament.[12] The festival was condoned by King Mohammed VI and was a part of the king's plans to create a more open and modern nation.[12]

Abdellah Taïa and Rachid O., both successful writers, have written openly about gender roles and sexual identity in Morocco, but they do not reside in Morocco. Beyond these writers, the government has tolerated the existence of one magazine for the gay community as well as one gay rights organization.

The LGBT publication Mithly has been allowed to be discreetly distributed to adults in Morocco, although the government still will not grant the publication a distribution license and the magazine itself has to be made in neighboring Spain.[10] In a similar sense, the government will not officially recognize the LGBT rights organization, Kif-Kif, but has allowed it to exist and co-sponsor some educational seminars.[10]

Advocacy for LGBT rights

Kif-Kif is the only organization to advocate on behalf of the LGBT community in Morocco and publishes the Mithly magazine in Spain. Established in 2004, it has not been given legal recognition by the Department of the Interior, but it has been unofficially permitted to organize certain educational seminars.[10][13] Hajar Moutaouakil, a young Moroccan lesbian, posted a video on YouTube on human rights day calling for love and tolerance, but the video created controversy. She later posted her biography online.

Summary table

Same-sex sexual activity legal (Penalty: Up to 3 years' imprisonment.)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples (Illegal for all couples regardless of sexual orientation)[14]
MSMs allowed to donate blood

See also

References

  1. 1 2 Ottosson, Daniel (May 2008). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). p. Page 25. Archived from the original (PDF) on 6 March 2009. Retrieved 5 May 2009.
  2. 1 2 "Web Page Under Construction". www.gaywired.com.
  3. ↑ United Nations High Commissioner for Refugees. "Refworld | Morocco: The treatment of homosexuals, including protection offered by the state and the attitude of the population". UNHCR. Archived from the original on 10 October 2012. Retrieved 24 July 2012.
  4. 1 2 3 4 5 Archived 3 December 2013 at the Wayback Machine.
  5. ↑ Archived 29 October 2009 at the Wayback Machine.
  6. ↑ Schmidt, Samantha (4 November 2016). "2 teenage girls in Morocco could face up to 3 years in prison for kissing each other" – via www.washingtonpost.com.
  7. ↑ France-Presse, Agence (2016-12-09). "Morocco judge acquits girls accused of homosexuality". The Guardian. ISSN 0261-3077. Retrieved 2016-12-14.
  8. ↑ "Moroccan authorities clamp down on homosexuality". Magharebia.com. Retrieved 2012-07-24.
  9. 1 2 "The International Encyclopedia of Sexuality: Morocco". .hu-berlin.de. Archived from the original on 26 December 2008. Retrieved 24 July 2012.
  10. 1 2 3 4 Reuters in Rabat and David Smith in Johannesburg (20 May 2010). "Gay magazine launched in Morocco | World news". London: The Guardian. Retrieved 2012-07-24.
  11. ↑ "Morocco: Overturn Verdicts for Homosexual Conduct". Human Rights Watch. 11 December 2007. Retrieved 27 July 2016.
  12. 1 2 "365gay.com". 365gay.com. Retrieved 2012-07-24.
  13. ↑ "Gay seminar stirs outrage in Morocco". Alarabiya.net. 2009-03-19. Retrieved 2012-07-24.
  14. ↑ SURROGACY LAW AROUND THE WORLD

Bibliography

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