| LGBT rights in Morroco | |
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Morocco and claimed territories |
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| Same-sex sexual activity legal? | Illegal[1] |
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Penalty:
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6 months to 3 years imprisonment, fine[1] |
| Gender identity/expression | – |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Morocco (including the 80 percent of Western Sahara controlled by Morocco) face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Morocco. Morocco's statute and culture towards LGBT issues stands in stark contrast to neighboring Spain.
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Article 489 of the Penal Code of Morocco criminalizes “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 1200 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] Oftentimes these relationships are a form of prostitution, involving tourists. 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]
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 negative, in keeping with the cultures 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 on 21 March revealed the full scope of the government's agenda: to "preserve citizens' ethics and defend our society against all irresponsible actions that mar our identity and culture".[6]
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]
There is no legal recognition of same-sex couples.
Discrimination or harassment on the basis of sexual orientation or gender identity is not addressed in any civil rights laws. Most Morocco citizens were raised to believe that homosexuality and gender identity are signs of western decadence or immorality and the government has not been especially eager to formally address the issue of LGBT-rights in Morocco.[4]
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 of. 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.[7]
Today, it is unclear whether this reputation still exists or what the current government policy is for transsexuals. A Morocco transsexual named Randa, did reportedly publish a book, although little is known about its contents or commercial success [1].
Morocco has a macho culture, with rigid gender roles that requires a male, regardless of his sexual orientation, to get married and have children.[7] The government has also reportedly stepped up its crackdowns on homosexuality with several public arrests.
A court in Ksar-el-Kebir, a small city about 120 kilometers south of Tangiers, convicted six men on 10 December 2007 of violating article 489 of Morocco’s penal code. However, according to lawyers for the defendants, the prosecution failed to present any evidence that the men actually had engaged in the prohibited conduct in the first place.
As of 17 December 2007, the men have been in jail since they were first arrested by the police between 23 and 25 November 2007, after a video circulated online—including on YouTube—purporting to show a private party, allegedly including the men, taking place in Ksar el-Kbir on 18 November. Press reports claimed the party was a “gay marriage.” Following the arrests, hundreds of men and women marched through the streets of Ksar el-Kbir, denouncing the men’s alleged actions and calling for their punishment.[2] Yet, there are also signs of a greater tolerance and more visible LGBT community
In 2010, the government permitted openly gay singer Elton John to gave a performance during the Mawazine Festival, despite objections from the Justice and Development Party, which is the biggest opposition party in the parliament [2]. The festival was sponsored by King Mohammed VI and is part of the king's broader plan to create a more open and modern nation [3].
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, unofficially, 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 discretely 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. [4]. In a similar sense, the government will not officially recognize the LGBT rights organization, KifKiff, but has allowed it to exist and co-sponsor some educational seminars.[5]
Kifkif 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.[6][7]
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