This article's lead section may be too short to adequately summarize the key points.(September 2019) |
LGBTQ rights in Morocco | |
---|---|
Status | Illegal since 1962 [1] |
Penalty | 6 months to 3 years' imprisonment and a fine of up to 1000 dirhams [1] |
Military | No |
Discrimination protections | None |
Family rights | |
Recognition of relationships | No recognition of same-sex unions |
Adoption | No |
Lesbian, gay, bisexual and transgender (LGBT) people in Morocco face significant challenges not experienced by non-LGBT residents.
Both male and female forms of same-sex sexual activity are illegal in Morocco. Gay and lesbian Moroccans face many hardships in the country, as they have limited legal rights. Moroccan police disproportionately target perceived LGBT people, and attitudes towards the wider LGBT community remain mostly negative throughout the nation. [2]
Article 489 of the Penal Code of Morocco criminalises "lewd or unnatural acts with an individual of the same sex". [3] Same-sex sexual activity is illegal in Morocco and can be punished with anything from three to five years' imprisonment and a fine of 1,200 dirhams. [4] [5] The Moroccan government uses the law as a way to police members of the LGBT+ community. When one is arrested in Morocco for a suspected homosexual act, their name is publicized, thus outing the individual before a trial takes place. [6] 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. [7]
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. [8] In early December 2016, the two girls were acquitted. [9]
A 2019 evaluation by the Parliamentary Assembly of the Council of Europe on its partnership with the Moroccan Parliament, called upon Morocco to stop enforcing sections of its criminal code that "criminalise sexual relations between adults of the same sex or between adults of different sexes who are not related by marriage" until their eventual repeal. [10] [11] [12] [13]
None of the major or minor political parties have made public statements in favour 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’". [14] On 21 March 2008, a statement issued by the Ministry of Interior reinforced the government's intention to "preserve citizens' ethics and defend our society against all irresponsible actions that mar our identity and culture". [15]
In 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 joint statement condemning violence against LGBT people. [5]
There is no legal recognition of same-sex couples.
There is no law against discrimination or harassment on the basis of sexual orientation or gender identity in Morocco.
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 French actress and entertainer Coccinelle helped to establish Casablanca as being a place where certain doctors were willing to perform sex change operations, albeit in clandestine circumstances. [16]
Moroccan public opinion towards the LGBT community is generally negative, in alignment with attitudes about LGBT rights in much of the Muslim world. The country has a male-dominated culture, a patriarchal society with traditional gender roles, that prefers a male and a female to get married and have children. [16] The government has sporadically continued to enforce the laws on homosexuality with occasional public arrests carried out in routine fashion.
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. [17]
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. [3]
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. [18] 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. [18]
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. [19] 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. [19]
In 2017, following the United Nations' Universal Periodic Review in Geneva, Mustafa Ramid, former Minister of Justice and Liberties in Abdelilah Benkirane's and Saadeddine Othmani's governments, called homosexuals "trash" in an interview. This was criticised by local human rights associations which together signed a petition addressed to the Prime Minister of Morocco Othmani to open an investigation of Minister Ramid "on his discriminatory and unconstitutional statements towards sexual minorities". [20] [21] [22]
In the 2018-19 Arab Barometer survey, 21% of the Moroccan respondents said homosexuality is acceptable. [23]
In April, 2020 the Human Rights Watch reported of a campaign of online harassment in Morocco where people would go on same-sex dating apps to out other users, and on April 24, the Moroccan national security stated that the police had opened a "preliminary investigation" for "incitement to hatred and discrimination". [24] [25]
In April 2020, the Moroccan transgender influencer Sofia Talouni, who lives in Turkey and is followed by more than 600,000 people on Instagram, launched a denunciation campaign to outrage Moroccan homosexuals, stating: "You will burn in hell ". She incited her subscribers to create false accounts on gay dating applications and to reveal the identity of those who are there on social networks. The act has been questioned, insofar as Sofia Talouni is herself from the LGBT community. According to sociologist Khalid Mouna, she “tries to make her group undergo the same family rupture by adopting the discourse and the codes of her own detractors. This individual, obviously mentally unstable, wishes to isolate young Moroccan homosexuals by breaking up their family unit”. The journalist Hicham Tahir indicates that he has received “a hundred testimonies from people who were victims or direct witnesses of this campaign”. Some landlords ejected their tenants, while one person allegedly committed suicide. Moroccan LGBT associations denounced the campaign as homophobic. Moroccan police launched a preliminary investigation for "incitement to hatred and discrimination". On May 13, Talouni released a video where she apologized for the campaign. Instagram nevertheless suspended her account. [26] [27] [28]
In November 2022, a trans woman was violently beaten by a group of people in Tangier. Three minors and an adult were subsequently arrested in connection with the assault. [29] [30]
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. [19] [31] 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.
Same-sex sexual activity legal | (Penalty: up to 5 years' imprisonment with hard labour and fines, legalization proposed) |
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) [32] |
MSMs allowed to donate blood |
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is a LGBTQ+ rights organization.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Iran face severe challenges not experienced by non-LGBTQ residents. Sexual activity between members of the same sex is illegal and can be punishable by death, and people can legally change their assigned sex only through sex reassignment surgery. Currently, Iran is the only country confirmed to execute gay people, though death penalty for homosexuality might be enacted in Afghanistan.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBT residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBT sentiments. Physical and violent homophobic attacks against LGBT people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Lesbian, gay, bisexual and transgender (LGBT) people living in Bahrain face legal challenges and discrimination not experienced by non-LGBT residents. While same-sex sexual activity was decriminalised in 1976, laws against indecency remain and are used to target gender and sexual minorities. Offences under these provisions allow for sentences of imprisonment, fines and deportation.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by five years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual and transgender (LGBT) individuals in the Republic of the Philippines have faced many difficulties in their homeland, such as prejudice, violence, abuse, assault, harassment and other forms of anti-LGBT rhetoric. Many LGBT Filipinos are met with mixed attitudes and reactions by their families, friends and others in their communities, as well as professionals, educators, their national public officials, politicians, attorneys and others working for the government and the rest of the general population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Ethiopia face significant challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are illegal in the country, with reports of high levels of discrimination and abuses against LGBT people. Ethiopia has a long history of social conservatism and same-sex sexual activity is considered a cultural taboo.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face significant challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Gambia face significant challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal for both men and women in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. The gender expression of transgender individuals is also legally restricted in the country. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Indonesia face legal challenges and prejudices not experienced by non-LGBTQ residents. Traditional social norms disapprove of homosexuality and gender transitioning, which impacts public policy. Indonesian same-sex couples and households headed by same-sex couples are not eligible for any of the legal protections available to opposite-sex married couples. Most parts of Indonesia do not have a sodomy law, and the country does not currently prohibit non-commercial, private and consensual sexual activity between members of the same-sex, yet there is no specific Indonesian law that protects the LGBT community against discrimination and hate crimes. In Aceh, homosexuality is illegal under Islamic Sharia law and it is punishable by flogging or imprisonment. Indonesia does not recognize same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) people in Papua New Guinea face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal, punishable by up to 14 years' imprisonment. The law is rarely enforced, but arrests still do happen, having occurred in 2015 and 2022. There are no legal restrictions against lesbian sex in the country.
Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Senegal experience legal persecution. Senegal specifically outlaws same-sex sexual acts and, in the past, has prosecuted men accused of homosexuality. Members of the LGBT community face routine discrimination in Senegalese society.
Lesbian, gay, bisexual, and transgender (LGBT) people in Zambia face significant challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is illegal for both men and women in Zambia. Formerly a colony of the British Empire, Zambia inherited the laws and legal system of its colonial occupiers upon independence in 1964. Laws concerning homosexuality have largely remained unchanged since then, and homosexuality is covered by sodomy laws that also proscribe bestiality. Social attitudes toward LGBT people are mostly negative and coloured by perceptions that homosexuality is immoral and a form of insanity. However, in recent years, younger generations are beginning to show positive and open minded attitudes towards their LGBT peers.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mongolia face legal and social challenges not experienced by non-LGBT people, though there have been substantial improvements since the 1990s. Homosexuality was criminalised in Mongolia in 1961 through its Criminal Code. Following the Mongolian Revolution of 1990 and the peaceful transition to a democracy, homosexuality was legalised and awareness about LGBT people has become more prevalent. Hate crimes on the basis of sexual orientation and gender identity result in additional legal penalties. Hate speech based on these two categories has been outlawed in the country since 1 July 2017. Households headed by same-sex couples are, however, not eligible for the same legal protections available to opposite-sex couples.
Kif-Kif is a non-governmental LGBT rights organization for LGBT Moroccans. Since it is not legally recognized in Morocco, the organization has been licensed and checked in Spain since 2008. On its constitutive act, it is mentioned that its actions include both Spain and Morocco. Although its focus is on homosexual rights, membership is open to everyone who shares its values based on the universal declaration of human rights.
Lesbian, gay, bisexual, and transgender (LGBT) people generally have limited or highly restrictive rights in most parts of the Middle East, and are open to hostility in others. Sex between men is illegal in 9 of the 18 countries that make up the region. It is punishable by death in four of these 18 countries. The rights and freedoms of LGBT citizens are strongly influenced by the prevailing cultural traditions and religious mores of people living in the region – particularly Islam.
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