Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law generally provide for freedom of expression, including for the press, although they criminalize and restrict some freedom of expression in the press and social media–specifically criticism of Islam, the institution of the monarchy, or the government’s positions regarding territorial integrity and Western Sahara. Such criticism can result in prosecution under the penal code, with punishments ranging from fines to prison time, despite the freedom of expression provided for in the press code. The press code applies only to journalists accredited by the department of communication, under Ministry of Culture, Youth, and Sports, for speech or publications in the line of work; private speech by accredited journalists remains punishable under the penal code. According to the Freedom House 2020 Freedom in the World report, the press enjoyed a significant degree of freedom when reporting on economic and social policies, but authorities used an array of financial and legal mechanisms to punish critical journalists. International and domestic human rights groups criticized criminal prosecutions of journalists and publishers as well as libel suits, claiming that the government principally used these laws to restrict independent human rights groups, the press, and social media.
According to the UN secretary-general’s report on Western Sahara in September, the OHCHR remained concerned by reports alleging excessive surveillance of human rights defenders and journalists in Western Sahara. The report added that the OHCHR continued to receive reports of harassment and arbitrary arrests of journalists, bloggers, and human rights defenders covering human rights violations. Amnesty International stated Sahrawi human rights activists remained subject to intimidation, questioning, arrest, and intense surveillance that occasionally amounted to harassment.
Freedom of Speech: The law criminalizes criticism of Islam, of the legitimacy of the monarchy, of state institutions, of officials such as those in the military, and of the government’s positions regarding territorial integrity and Western Sahara. The government sometimes prosecuted persons who expressed criticism on these topics. Amnesty International and HRW highlighted dozens of cases in which freedom of expression was restricted. During the year the government displayed intolerance for individuals critical of the monarch, local authorities and Islam. According to the government, 359 individuals were specifically charged for criminal speech, including defamation, slander, and insult (see Libel/Slander Laws and National Security).
On January 16, the Laayoune Court of Appeals sustained a court of first instance conviction for Hamza Sbai but reduced the prison sentence from 36 months to eight months. Sbai was convicted under the penal code for his rap video posted on YouTube, titled We Understand. According to the Ministry of Interior, he was sentenced by the court in December 2019 to three years of prison and a fine for “insulting constitutional institutions.” Sbai was transferred from a prison in Laayoune to Bouizakarne in January and was released on August 28.
On March 23, parliament passed a law declaring a health emergency and setting a penalty of a three-month prison sentence for anyone disobeying “orders and decisions taken by public authorities” and for anyone “obstructing” through “writings, publications or photos” those decisions. As of May, 91, a total of 623 individuals were briefly detained or fined for breaking the new state of emergency law, of whom 558 remained in detention.
On March 28, the secretary general of the Presidency of the Public Prosecutor’s Office reported that police had arrested 56 individuals for publishing false information regarding COVID-19.
On May 5, local representatives of the Ministry of Interior in Tiflet reportedly assaulted two journalists while they were covering the COVID-19 lockdown’s impact on local market activity during Ramadan on behalf of a national Amazigh television station. Media reports indicated the officials verbally assaulted a female journalist before slapping her and pushing her to the ground, while her accompanying cameraman sustained a hand injury as he tried to prevent the authorities from confiscating his camera. On May 7, Reporters without Borders condemned the “unacceptable” assault and stated, “The coronavirus crisis must not be used as an excuse to harass journalists who are just trying to do their job.” On May 8, the ministry announced to the French Press Agency that it opened an internal investigation of the claims. The Ministry of Interior denied the claims of police intervention and allegations of assault against the journalist and cameraman.
In August, 400 artists and intellectuals wrote a manifesto denouncing police repression and defamation campaigns, exacerbated by the pandemic situation, citing “several cases of political imprisonment and harassment, including the arrest of journalists Omar Radi (see section 1.f.) and Hajar Raissouni (who was convicted of engaging in premarital sex and attempting to get an abortion before receiving a royal pardon in 2019), as well as repression against social movements.” When some decided to withdraw their signatures from the petition, other activists claimed they had been subjected to intimidation.
On April 27, authorities arrested Omar Naji, vice president of the AMDH Nador branch, and charged him with defamation and spreading false information after he posted on Facebook that local authorities were confiscating goods sold by local merchants in the informal economy. Naji was released on bail pending trial on June 2. The AMDH called Naji’s arrest an attack on freedom of expression, although Naji was found not guilty.
Freedom of Press and Media, Including Online Media: Independent media, as well as partisan media, were active and expressed a variety of views within the restrictions of the law. The press code limits punishments for accredited journalists to fines. As of September 6, two journalists were prosecuted under the press code during the year, compared with two in all of 2019.
Two publishing directors of news websites were brought before the crown prosecutor in Mohammedia for allegedly publishing “fake news” on COVID-19. Five other individuals were arrested for sharing the same news via their Facebook accounts.
In March international NGOs drew attention to the government’s suspension of print newspapers during the outbreak of COVID-19 to reduce contact and the spread of the virus.
In March, amid the COVID-19 pandemic, Mi Naima, a YouTuber with a large following, posted a video in which she claimed that COVID-19 did not exist. She was arrested and sentenced to one year in prison for “sharing fake news.”
On March 17, journalist Omar Radi was sentenced to a four-month suspended prison sentence and fine over a tweet in 2019 in which he criticized the judge who handed down prison sentences against activists of the Hirak movement (see section 1.f.).
On March 27, Kawtar Zaki and Abdelilah Sakhir, both of the online outlet Eljarida 24, received six-month suspended prison sentences and fines for publishing information from a parliamentary committee on corruption by elected officials. Hakim Benchamach, speaker of the upper chamber of parliament, filed the complaint that led to the case, according to Freedom House.
Actor Rafiq Boubker was prosecuted in May for blasphemy, insulting Islam, insulting a corporate body, and violating the state of emergency. In a video leaked on social media, an apparently intoxicated Boubker called an imam derogatory names and called on Moroccans to “pray with vodka”–leading to charges of “insulting the Islamic religion and undermining the sanctity of worship.” Boubker was arrested on the basis of complaints to the crown prosecutor. On July 14, the Ain Sebaa Court of First Instance in Casablanca was set to take place on November 10 but postponed for a later date.
Journalists continued to denounce the cumbersome administrative procedures and the long wait times to receive accreditation under the press code. Some members of the press claimed that journalists from outlets close to the government and palace received their credentials sooner than journalists from independent outlets. They claimed journalists waiting for their credentials had to operate without a press card in an ambiguous legal status, as the protections of the press code are only available to accredited journalists.
The government also enforced strict procedures governing journalists’ meetings with NGO representatives and political activists. Foreign journalists needed, but did not always receive, approval from the Ministry of Culture, Youth, and Sports before meeting with political activists.
The trial for seven members of the Moroccan Association for Investigative Journalism, including Hicham Mansouri, Maati Monjib, and Hisham Almiraat, has been repeatedly postponed since 2015; the individuals had not been sentenced at year’s end. According to the Ministry of Justice, Mansouri, Monjib, and Almiraat were suspected of accepting foreign funds intended for acts threatening the internal security and territorial integrity of the country. The seven individuals were charged for posing a threat to the internal security of the country, fraud, managing an association exercising unauthorized acts, and accepting unauthorized foreign funds. On December 29, Maati Monjib was arrested on charges of embezzlement. He had been under a new investigation since October 7 on accusations of money laundering against him. His trial was scheduled to begin in January 2021.
Violence and Harassment: Authorities subjected some journalists to harassment and intimidation, including attempts to discredit them through harmful rumors about their personal lives. Journalists reported that selective prosecutions served as a mechanism for intimidation. According to Reporters without Borders, the government intimidated activists and journalists, often putting them on trial for matters seemingly unrelated to journalism or political activities.
According to media reports, authorities rejected one international journalist’s accreditation request during the year because he lacked a valid permit. The government stated that foreign media representatives who comply with local laws are allowed to perform their duties without interference and that allegations that authorities expelled foreign journalists were unsubstantiated.
Censorship or Content Restrictions: Self-censorship and government restrictions on sensitive topics remained serious hurdles to the development of a free, independent, and investigative press. Publications and broadcast media require government accreditation, and the government may deny and revoke accreditation as well as suspend or confiscate publications that breach public order or criticize Islam, the institution of the monarchy, or the government’s positions on territorial integrity. While the government rarely censored the domestic press, it exerted pressure through written and verbal warnings and by pursuing legal cases that resulted in heavy fines and suspended publication. Such cases encouraged editors and journalists to self-censor and host opposition news sites on servers outside the country to avoid being shut down by the authorities. According to Freedom House, personal attacks and derogatory comments received by activists and opinion makers online, often in response to their criticism of government policies, also contributed to self-censorship.
Libel/Slander Laws: The press code includes provisions that permit the government to impose financial penalties on accredited journalists and publishers who violate restrictions related to defamation, libel, and insults. A court may impose a prison sentence if an accredited journalist is unable or unwilling to pay the fine.
Individuals not registered as journalists may be charged for defamation, libel, and slander under the criminal code, as can accredited journalists for their private actions.
Between November 2019 and January, NGOs reported 10 individuals were arrested for “offending public officials and institutions.”
National Security: The antiterrorism law provides for the arrest of individuals, including journalists, and filtering websites deemed to “disrupt public order by intimidation, terror, or violence.” The law assigns legal liability to the author and anyone who in any way helps the author to disseminate information deemed as a justification for acts of terrorism, which would include site owners and internet service providers. While the law was designed to combat terrorism, authorities retain the discretion to define terms such as “national security” and “public order,” under the penal code for which the government can seek fines of up to 200,000 s ($21,000) for publishing content online seen as disruptive to public order, with the maximum fine of 500,000 s ($52,000) if the content offends the military. Online speech offenses related to the monarchy, Islam, and Western Sahara, as well as threats to national security can carry prison sentences of two to six years.
The government did not disrupt access to the internet, but it did apply laws governing and restricting public speech and the press on the internet. The press code stipulates that online journalism is equivalent to print journalism. Laws on combatting terrorism permit the government to filter websites. According to Freedom House’s 2020 Freedom on the Net report, the government did not block or filter any political, social, or religious websites during the year. Nonetheless, security officials pressured activists to delete sensitive content. The same report indicated there has been an influx of progovernment online outlets that published false and defamatory news about dissidents. The report also noted there have been cases in which bloggers were arrested or imprisoned for content the government deemed politically sensitive. Social media and communication services, including YouTube, Facebook, and Twitter, were available in the country, as were international blog-hosting services. Freedom House claimed, however, that unfair disbursement of advertising money, strict self-censorship, and continuing trials of journalists have prevented the emergence of a vibrant online media environment. According to the government, funds for advertisements derive from the private sector, not from the public sector. The government also repeatedly reminded online journalists to obey the law. The government also prosecuted individuals for expressing certain ideological views online, particularly related to protests in the northern Rif region.
According to Freedom House, numerous accounts were created on Twitter and Facebook with the apparent purpose of harassing, intimidating, and threatening activists who criticize authorities. Activists believed these progovernment commentators were also equipped with direct or indirect access to surveillance tools, since they often obtained private information about other users.
Many contributors working for online news outlets and many online news outlets themselves were unaccredited and therefore not covered under the press code for their publications. They remained subject to provisions of the antiterrorism law and the penal code that permit the government to jail and impose financial penalties on anyone who violates restrictions related to defamation, libel, and insults.
On April 27, a draft bill seeking to limit social media commentary promoting boycotts and businesses was leaked. After the draft language sparked rapid and broad condemnation by civil society, the minister of justice on May 3 withdrew the bill from consideration and initiated consultations on the proposed legislation with the CNDH and civil society. On May 12, during a video conference on human rights, CNDH president Amina Bouayach said she considered the bill significantly “outdated” and “unsuitable for Morocco,” reiterating that the CNDH had a clear stance on free speech online and viewed social media as “an incubator of freedoms.”
According to various NGOs, the government frequently hacked Sahrawi citizen journalists’ and bloggers’ social media accounts.
Academic Freedom and Cultural Events
The law permits the government to criminalize presentations or debate questioning the legitimacy of Islam, the legitimacy of the monarchy, state institutions, and the status of Western Sahara. The law restricts cultural events and academic activities, although the government generally provided more latitude to political and religious activism confined to university campuses. The Ministry of Interior approves appointments of university rectors.
b. Freedoms of Peaceful Assembly and Association
The government limited freedoms of peaceful assembly and association.
Freedom of Peaceful Assembly
The law provides for the right of peaceful assembly. The government generally allowed authorized and unauthorized peaceful demonstrations to occur. Under the law groups of more than three persons require authorization from the Ministry of Interior to protest publicly. Some NGOs complained that the government used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. Security forces intervened on occasion to disband both authorized and unauthorized protests when officials deemed the demonstration a threat to public security. Amnesty International reported continued arbitrary restrictions on the rights to freedom of peaceful assembly and association, particularly of individuals supporting independence for Western Sahara.
Several proindependence organizations and some human rights NGOs in Western Sahara stated that in recent years the submission of applications for permits to hold demonstrations declined because police rarely granted them. In most cases the organizers proceeded with planned demonstrations in the absence of authorization, and there was no discernible difference in security forces’ reaction to authorized or unauthorized protests. Violent confrontations between security forces and protesters were less common than in previous years, according to several local NGOs, although violent dispersals occurred on occasion. Security force practices were similar to those in internationally recognized Morocco; however, in Western Sahara there was often a higher ratio of members of security forces to protesters.
On March 23, the government implemented a royal decree concerning the state of health emergency, making a violation of public authority confinement measures punishable with one to three months’ imprisonment, a fine of up to 1,240 s ($130), or both; the decree also makes the use of social media or broadcast networks to spread misinformation about COVID-19 or incite criminal activity punishable with up to one year in prison. The UN high commissioner for human rights noted that security forces “used excessive force to make people abide by lockdowns and curfews.” According to a report by Amnesty International published in June, a total of 91,623 individuals were prosecuted from March to May for breaking the state of emergency. At least 588 persons remained in detention for breaking the state of emergency, according to the May 22 official statement of the public prosecutor’s office.
Some NGOs complained that authorities did not apply the approval process for holding a demonstration consistently and used administrative delays and other methods to suppress or discourage unwanted peaceful assembly. HRW’s World Report 2020 highlighted interference with associations that expressed views critical of the monarch and events organized by the AMDH. Police allowed many protests demanding political reform and protesting government actions, but often forcibly dispersed peaceful protests, arrested protesters and protest leaders, or prevented demonstrations from occurring. According to the government, approximately 4,400 protests took place from January to July. While most protests proceeded peacefully, on several occasions violence erupted between protesters and police.
Security forces were generally present both in and out of uniform at protests, particularly if the protest was expected to address a sensitive issue. In general, officers were under orders to observe and not intervene, unless the demonstration became unruly, threatening to bystanders, or overflowed into public highways. In those cases, under standard operating procedures, officers were required to give the crowd three warnings that force would be used if they did not disperse. Security forces would then attempt to force protesters to leave the area, using riot shields to push standing protesters into a designated area or carrying seated protesters to the designated area.
Security force tactics did not differ significantly whether the protest was authorized or unauthorized, although the decision on whether to intervene sometimes depended on whether the protest was authorized. According to the government, if officers intervened in a protest, a police judiciary officer not involved in the intervention and under the supervision of the attorney general must produce a statement documenting the circumstances of the case, the number of victims, and the material damage due to the operation. The police judiciary officer must address the statement to the Attorney General’s Office with a copy to the governor of the territorial jurisdiction where the incident transpired. The government organized training on human rights-based methods to manage crowds throughout the year.
In February the CNDH released a report about security force actions to disperse the 2017 Hirak protests and largely upheld police action on the basis that the protests had gradually escalated towards violence. NGOs and the CNDH continued to monitor the Rif Hirak prisoners sentenced by the Casablanca Court of Appeal in April 2019.
On January 28, two participants from a “Philosophy in the Street” event promoting freedom of expression were arrested and later released in Rabat. Event organizers stated this was the first time members from the group had been arrested as part of a public meeting. On July 22, one of the activists was tried for public intoxication and fined 500 s ($50).
The CNDH’s Laayoune and Dakhla regional commissions monitored 24 demonstrations from January to July. Security forces dispersed several demonstrations by force, with clashes resulting in injuries on both sides.
In July, CNDH’s Laayoune Commission was approached by an association of migrants about a clash between law enforcement officials and a group of 78 sub-Saharan migrants in an irregular situation, who were held in a reception center and tried to leave it without authorization. The commission visited the scene of the clashes and monitored the exchange of violence between police and this group of immigrants who stormed the outer door of the accommodation center in a bid to break the health state of emergency, which led the police officer present to shoot two rubber bullets in the air as a warning; a third rubber bullet hit a migrant. The situation was contained, while a police officer and four migrants were admitted to hospital with minor bruises. The judicial police of Laayoune opened a preliminary investigation.
Freedom of Association
The constitution and the law provide for freedom of association, although the government sometimes restricted this freedom. The government prohibited or failed to recognize some political opposition groups by deeming them unqualified for NGO status. While the government does not restrict the source of funding for NGOs operating in the country, NGOs that receive funding from foreign sources are required to report the amount and its origins to the government within 30 days from the date of receipt. The government denied official recognition to NGOs it considered to be advocating against Islam as the state religion or questioning the legitimacy of the monarchy or the country’s territorial integrity. Authorities obstructed the registration of a number of associations perceived to be critical of the authorities by refusing to accept their registration applications or to deliver receipts confirming the filing of applications (see section 5).
Amnesty International reported that Moroccan authorities routinely rejected the registration applications of Sahrawi human rights groups.
The Ministry of Interior required NGOs to register before being recognized as legal entities, but there was no comprehensive national registry publicly available. A prospective organization must submit its objectives, bylaws, address, and photocopies of members’ identification cards to local officials of the ministry. The local officials of the ministry issue a receipt to the organization that signifies formal approval. Organizations without receipts are not formally registered. According to the law, however, any association not denied registration that did not receive a receipt within 60 days of submitting the required documentation has the right to engage in activities. These same organizations reported extended delays in receiving correspondence from the ministry on the receipt issue.
Unregistered organizations could not access government funds or legally accept contributions. On February 13, a group of human rights organizations gathered to denounce the ministry’s refusal to issue receipts of registration to certain organizations that cover human rights. The organizations stated local officials’ refusal to issue receipts is a violation of article five of Law 75, which governs the right of association. One of the organizations, the Moroccan Federation of Human Rights, reported the ministry has refused to issue it a registration receipt for the last five years.
On February 29, media reported the authorities prevented an NGO from conducting training on “national and international mechanisms to protect human rights activists” in Meknes. Media reported the hotel had received notice from authorities to cancel the activity. According to the government, the local authorities did not cancel the event, rather, the hotel refused to host the event after the organizers were unable to provide the necessary meeting permits.
The National Federation of Amazigh Associations, an organization supporting the inclusion of the Amazigh (Berber) population in public life, reported that, as of October, nine Amazigh organizations denied registration in 2017 continued to be denied registration during the year, including the federation itself (see section 6, National/Racial/Ethnic Minorities).
The Justice and Charity Organization, a Sunni Islamist movement that rejects the king’s spiritual authority, remained banned but largely tolerated, although authorities continued to monitor its activities.
In October 2019 local authorities refused to accept the application of a religious freedom organization based in Casablanca, which attempted to register as an association.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, although it limited movement to areas experiencing widespread unrest. The government denied entry to individuals it believed threatened the stability of the country. The government continued to make travel documents available to Sahrawis to travel and encouraged the return of Sahrawi refugees from Algeria and elsewhere if they acknowledged the government’s sovereignty over Western Sahara. Refugees wishing to return are required to obtain the appropriate travel or identity documents at a Moroccan consulate abroad, often in Mauritania. There were a few reported cases, however, of authorities preventing Sahrawis from traveling.
On January 2, the Moroccan authorities prevented representatives of Sahrawi NGOs from celebrating activist Aminatou Haidar’s reception of the 2019 Right Livelihood Award. Authorities denied activists access to the venue and forced all those present to leave the headquarters of the Sahrawi Association of Victims of Grave Violations of Human Rights Committed by the State of Morocco in El-Ayoun.
In-country Movement: There were several reports of government authorities denying local and international organizations and press access to the Rif and Eastern regions. The government, however, maintained that no international organizations or press were denied access to the Rif region.
e. Status and Treatment of Internally Displaced Persons
f. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern. The government also provided funding to humanitarian organizations to provide social services to migrants, including refugees.
The government has historically deferred to UNHCR as the sole agency in the country entitled to perform refugee status determinations and verify asylum cases. UNHCR referred cases that meet the criteria for refugee recognition to the government’s interministerial Commission in Charge of Hearings for Asylum Seekers within the Bureau of Refugees and Stateless Persons.
Abuse of Migrants, Refugees, and Stateless Persons: Refugees, asylum seekers, and migrants were particularly vulnerable to abuse. Authorities continued cooperation with Spanish and EU authorities to thwart trafficking networks and arrest smugglers. A decrease in Europe-bound human smuggling and human trafficking coincided with increased border controls implemented during the COVID-19 pandemic.
CNDH regional branches reported receiving several complaints regarding the rights of migrants. There were reports of government authorities arresting or detaining migrants, particularly around the Spanish enclave cities of Melilla and Ceuta, and forcibly relocating them to other parts of the country to deter attempts to cross illegally into Spanish territory. Several NGOs reported the week of February 14 that authorities were forcibly removing groups of migrants from proximity to the coast and Spanish enclave cities to the southern region. One NGO alleged that security services moved approximately 10,000 sub-Saharan migrants from the north to the south of the country and deported another 3,000 migrants from Guinea-Conakry, Mali, or Cameroon to their home countries. The government maintained the return of third-country nationals to their country of origin was coordinated with diplomatic legations who endorsed these departures and issued the appropriate papers (see section 2.f, Durable Solutions).
On February 10, the international NGO Alarm Phone reported to the press that Morocco allegedly deported a Yemeni migrant to Algeria in mid-September 2019.
Access to Asylum: The law provides for the granting of refugee status. The government recognizes asylum status for refugees designated according to the UNHCR statute. The government continued to grant status to UNHCR-recognized refugees and temporary status to registered Syrians. There were 1,363 refugees registered in the country and six asylum seekers.
Access to Basic Services: Recognized refugees and migrants were generally able to work and access health care and education services, including publicly funded professional and vocational training. Requests on behalf of women and children receive automatic approval, with immediate access to education and health care. Asylum seekers were, however, sometimes unable to access the national health care system and continued to have little access to the judicial system until recognized as refugees.
Durable Solutions: The government facilitated voluntary returns in cooperation with UNHCR and, when necessary, the resettlement of recognized refugees to third countries. Since 2004 the government and the International Organization for Migration have cofunded the voluntary return of migrants to their countries of origin. According to the government, it assisted with the voluntary return to the country of origin of an average of 2,000 migrants between January 2019 and March 2020.
Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. Syrians and Yemenis benefited from “exceptional regularization” outside the more permanent migrant regularization program.