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 of 2,000 to 10,000 dirhams ($210 to $1,050). For insults and defamation based on gender, an individual may be fined up to 60,000 dirhams for insults and up to 120,000 dirhams for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. In March the law was reformed to require 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. While the DGSN announced on September 26 that such specialized units were designated in 136 police precincts, the units were not active as of December. Some women’s rights NGOs criticized the lack of clarity in procedures and protections for reporting abuse under the new law. In the past, authorities did not effectively enforce laws against sexual harassment; the impact of the law was not clear by year’s end.
Then minister of family, solidarity, equality, and social development Bassima Hakkaoui announced on July 9 that, based on a national survey conducted by the ministry, 93.4 percent of women who were victims of violence did not press charges against the aggressor. 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.
The Prosecutor General’s Office launched an investigation into the rape of a 34-year-old woman in Rabat on June 9. The victim died two days later at a hospital from severe injuries inflicted during the rape. Authorities detained eight suspects, including the accused perpetrator and an accomplice who filmed the incident. Authorities reported the suspects were facing charges of premediated murder, complicity in torture and other barbaric acts, and failure to seek assistance for a person in peril. The sentences were pending at year’s end.
In 2018 Khadija Okkarou, 18, reported to the authorities that she was kidnapped in Oulad Ayad in June and held for two months by a group of men who raped her repeatedly and forced her to consume drugs and alcohol. Police arrested 12 suspects on charges for abduction, rape, and torture. The Beni Mellal Court of Appeals subjected Okkarou to a virginity exam by a judicial medical examiner, who determined the results were inconclusive. The Beni Mellal Appeals Court held a brief hearing on October 15 to announce it would hear the testimonies of the 12 defendants on November 12. The hearing was postponed again to December 3 because of the absence of the defendants’ defense and again to December 24 at the request of the plaintiff’s defense. The sentences were pending at year’s end.
The government funded a number of women’s counseling centers under the Ministry of Family, Solidarity, Equality, and Social Development. A few NGOs provided shelter, assistance, and guidance for survivors of domestic abuse. There were reports, however, that these shelters were not accessible to persons with disabilities. Courts had “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.
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 dirhams ($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. As of year’s end, NGOs did not observe an impact of the new law, with civil society leaders stating they did not observe efforts by the government to enforce the law or provide training on the new law for judicial or law enforcement officials.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
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. Multiple women’s rights activists and organizations called for reform of the inheritance law.
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.
The government led some efforts to improve the status of women in the workplace, most notably the constitutional mandate, established by parliament in 2017, for the creation of an Authority for Gender Parity and Fighting All Forms of Discrimination. The Gender Parity Authority, however, has yet to become functional.
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. The Ministry of State for Human Rights and Relations with the Parliament estimated that over 83,000 Moroccan children remain unregistered. In October the Ministry of Interior administered a national communique that local authorities now have a simplified registration procedure as an effort to improve on birth registration. According to Amazigh NGOs, during the year representatives of the Ministry of Interior refused to register the births of at least two children whose parents sought to give them Amazigh names.
Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. According to the government, in 2018, 7,263 individuals were investigated for criminal offenses associated with 6,702 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.
In August local authorities arrested a religious studies teacher for physically abusing a four-year-old child with a baton. The authorities opened an investigation into the alleged crime, which was recorded on video. The authorities submitted a “judicial informational report” after the father of the victim refused to press charges against the educator.
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 2018 approved 18,422 out of 33,686 of such requests, despite a notice sent that year that called on attorneys and judges to “not hesitate to oppose any marriage request that does not take into account the interests of the minor.” Othmane Abid, director of the Family Law Department at the Ministry of Justice, stated in March that 75 percent of applications approved involved cases of girls who were 17 years old. Under the framework of the PANDDH, the CNDH launched 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 dirhams ($1,000) to 344,000 dirhams ($36,100).
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 the country’s population and guarantees to each individual the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,000 to 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.
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.
Article 5 of the constitution identifies Arabic and Tamazight as the official languages of the state, although Arabic predominates. Tamazight is one of three national Amazigh dialects. On July 25, parliament unanimously approved legislation mandating the standardization of the teaching of Tamazight in the public and private education systems for citizens. The law adopts Tifinagh (Amazigh script) as the script for Tamazight. Amazigh activists were disappointed that parliament did not incorporate some recommendations into the bill’s language, such as integrating Tamazight into other institutions beyond the Moroccan educational system. Activists also found the bill remains too vague in defining how government will ensure schools and the media apply the law. The legislation was pending review by the Constitutional Court because it is an organic law that implements provisions in the 2011 constitution. On August 2, parliament approved an education bill that encourages instruction in Tifinagh and foreign languages in schools.
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.
Amazigh materials were available in the 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.
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 June, the state prosecuted 170 individuals in 2018 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, LGBTI victims of violence in high-profile cases from previous years continue to be harassed when recognized in public.
There were several attacks against individuals based on their sexual orientation or gender identity during the year, including on May 12, when media reported four individuals in Tiznit forcibly stripped and physically assaulted a man because of his sexual orientation. The seriously injured individual pressed charges against the alleged perpetrators of the attack. Local authorities arrested three of the four individuals and opened an investigation. One of the three individuals was over the age of 18 and was sentenced to six months in prison and a fine of 500 dirhams ($50) by a court of first instance; the charges on which he was prosecuted were unknown. The two others had their cases referred to a judge for crimes involving minors; these cases were pending in court at year’s end.
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/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/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.