Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. Numerous articles of the penal code pertaining to rape perpetuate unequal treatment for women and provide insufficient protection. A 2018 law provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the law a sexual assault conviction may result in a prison sentence of six months to five years and a fine. For insults and defamation based on gender, an individual may be fined up to 60,000 s for insults and up to 120,000 s for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. A March reform of the law requires the DGSN, Prosecutor General’s Office, Supreme Judicial Court, and Ministries of Health, Youth, and Women to have specialized units that coordinate with one another on cases involving violence against women. The Judicial Police reported gender-based violence response units opened in 132 police precincts across the country as of late 2019. These specialized units intake and process cases of gender-based violence and provide psychological support and other services to victims. In 440 precincts where gender-based violence response units have not been established, a regular police officer is designated to process the cases.
The National Union for Women in Morocco (UNFM) launched an online platform in January to provide support for victims of domestic abuse. The platform gave victims access to legal counsel, a network to find employment, and a social support network. The UNFM also offered temporary housing and vocational training for victims of domestic violence.
Later in the year, the COVID-19 pandemic saw a spike in domestic abuse as a result of isolation measures. The government and NGOs expanded programming and outreach that provided shelter, assistance, and guidance for survivors of domestic abuse. According to the Public Prosecutor’s Office, the government adopted protective measures, such as shelters, for victims of domestic violence in the first half of the year. On May 28, the government adopted a bill to create a national registry for social support programs for women and children. Several NGOs adapted services provided to victims of domestic violence, providing hotlines, shelter, resources, guidance, and legal support.
There were reports, however, that these shelters were not accessible to persons with disabilities. Courts maintained “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.
According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the victims responsible. Some sexual assault victims also reported police officers at times turned them away from filing a police report or coerced them to pay a bribe to file the report by threatening to charge them with consensual sex outside of marriage, a crime punishable with up to one year in prison. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.
The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a victim’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a victim’s disability lasts for less than 20 days. According to NGOs, the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.
On January 21, media reported that 20 suspects kidnapped “Oumaima”, a 17-year-old girl, in the Moulay Rachid district (in Casablanca) and then gang raped and abused her for 25 days before she convinced a friend of the perpetrators to assist in her escape. According to the victim’s mother, during confinement, the perpetrators forced the girl to ingest toxic substances to try to kill her. The girl was hospitalized after her escape. According to an NGO, three of the 20 suspects were arrested, and two of the three were later released on bail.
In February the Court of Appeal in Rabat sentenced the perpetrator of the summer 2019 rape and murder of Hanane al-Iraki to death; the principal defendant was convicted of premeditated murder on February 10. Six accomplices in the crime were sentenced to five years in prison. The conviction closed a case that surfaced in July 2019 when footage of the crime was published on the internet.
Sexual Harassment: Before the law on violence against women was passed in 2018, sexual harassment was only a crime if it was committed by a supervisor in the workplace. Under the 2018 law, sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 s ($1,000) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member perpetrates the harassment act, physical violence, or abuse or mistreatment or breaks a restraining order or if the crime is perpetrated against a minor. In the past authorities did not effectively enforce laws against sexual harassment. Civil society leaders stated they did not observe efforts by the government to enforce the 2018 law or provide training on the new law for judicial or law enforcement officials.
Reproductive Rights: Individuals and couples have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence. Authorities generally did not discriminate against women in accessing sexual and reproductive health care, including for sexually transmitted infections. Contraception was legal, and most forms were widely available. According to the Population Reference Bureau, the country has invested in increasing the availability of voluntary family-planning services, expanding and improving maternal health care, and providing for access to obstetric care by eliminating fees.
The contraceptive pill was available over the counter, without a prescription. Skilled health attendance at delivery and postpartum care were available for women who could afford it, with approximately 75 percent of overall births attended by skilled health personnel.
While a 2018 law strengthened penalties for violence against women (see section 6, Women) and required certain government agencies to establish units to provide psychological support and other services to victims of gender-based violence, Human Rights Watch assessed at the time of the law’s passage that it did not sufficiently define the government’s role in providing services to victims. The government responded that it provides services to victims of sexual assault via the UN Population Fund.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, both with inadequate enforcement of equal rights provided for by the laws and constitution and in the reduced rights provided to women in inheritance.
According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive half the estate with the rest going to other relatives.
In 2019 the government revised the structure and administration of communal lands, allowing female heirs to inherit, and be titled as owners of, those lands.
The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcing the law.
The law requires equal pay for equal work, although in practice this did not occur.
Birth Registration: The law permits both parents to pass nationality to their children. The law establishes that all children have civil status regardless of their family status. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights.
Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. According to the government, in 2019 a total of 6,399 individuals were investigated for criminal offenses associated with 5,699 reported cases of child abuse. Prosecutions for child abuse were extremely rare. Some children rights NGOs expressed concerns over the lack of legislation to prosecute cases involving incest.
On January 28, the Taroudant Court of First Instance sentenced Boujemaa Bodhim, a teacher, to a six-month prison sentence, a four-month suspended sentence, and a fine for beating an eight-year-old student.
Child, Early, and Forced Marriage: The legal age for marriage is 18, but parents, with the informed consent of the minor, may secure a waiver from a judge for underage marriage. According to a statement released by the Prosecutor General’s Office in July, the judiciary in 2019 approved 2,334 requests. Under the framework of the PANDDH, the CNDH maintained a national awareness-raising campaign against the marriage of minors.
Sexual Exploitation of Children: The age of consent is 18. The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years’ to life imprisonment and fines from 9,550 s ($1,000) to 344,000 s ($36,100).
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The constitution recognizes the Jewish community as part of the country’s population and guarantees each individual the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,500. Overall there appeared to be little overt anti-Semitism, and Jews generally lived in safety.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. The government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation is inaccessible to persons with disabilities, although the national rail system offers wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.
In March disability rights groups reported the government’s COVID-19 hotline was not accessible to persons with disabilities.
The Ministry of Family, Solidarity, Equality, and Social Development has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.
The majority of the population, including the royal family, claimed some Amazigh heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were lacking.
On August 2, parliament approved an education bill that encourages instruction in Tifinagh and foreign languages in schools. Article 5 of the constitution identifies Arabic and Tamazight as the official languages of the state, although Arabic remained dominant. Tamazight is one of three national Amazigh dialects.
On September 3, the Council of Ministers established a commission tasked with monitoring the implementation of Tifinagh, the alphabet used in Tamazight language.
Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. The government offered Tamazigh language classes in some schools. Although the palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to address the shortage of qualified teachers, Amazigh NGOs contended that the number of qualified teachers of regional dialects of Amazigh languages continued to decrease. The government reported, however, that the number of teachers employed to teach the official national Amazigh language has increased. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.
In March authorities in Casablanca refused to register the birth of a girl under an Amazigh name. The incident confirmed complaints of Amazigh NGOs about administrative discrimination. Two cases were filed regarding the incidents by two separate families, and an open letter was written to the head of government. According to the government, as of March 18, the registration for the Amazigh name for one of the two girls named in the two cases fully complied with the law, while it denied claims of a second case.
Amazigh materials were available in news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations, public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming. According to Amazigh organizations, however, only 5 percent of broadcast time was given to Amazigh language and culture.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in 2019, the state prosecuted 122 individuals in 2019 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of violence in high-profile cases from previous years continued to be harassed when recognized in public.
On May 7, two Moroccan journalists based in France posted on social media that a young gay man in Sidi Kacem (a town in the Rabat-Sale-Kenitra region), was arrested on April 10 after he attempted to press defamation charges against an individual who outed him on Facebook. The young man was held in police custody for 48 hours for violating the state of emergency confinement measures, while he claimed he had a permit to leave his residence. On October 6, Sidi Kacem preliminary court sentenced activist and playwright Abdellatif Nhaila to four months’ suspended sentence and 1,000 dirhams ($10) fine for violating the state of emergency confinement measures.
In March and April, a transgender Moroccan LGBTI activist based in Turkey started a campaign encouraging the outing of closeted homosexuals in Morocco. As a result an international warrant for his arrest was issued. The investigation remained underway. The press reported numerous cases of harassment resulting from these outings, and some victims reported receiving death threats.
The AMDH and other individual liberties groups followed suit with a letter condemning the homophobic acts and demanding that authorities arrest those responsible for defamation. As of April 20, LGBTI groups indicated at least 50 individuals were targeted as a result of Instagram live video; of whom an estimated 21 were physically abused or rendered homeless and several others committed suicide.
Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.
Persons with HIV and AIDS faced discrimination and had limited treatment options. The Joint UN Program on HIV/AIDS (UNAIDS) reported that some health-care providers were reluctant to treat persons with HIV and AIDS due to fear of infection. According to UNAIDS, treatment coverage increased from 16 percent in 2010 to 48 percent in 2016, and the National Strategic Plan 2017-2021 commits the country to reduce new infections among key and vulnerable populations, eliminate mother-to-child transmission of HIV, reduce AIDS-related deaths, confront discrimination, and strengthen governance for an efficient response.