LGBT rights in Morocco
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Morocco (including the 80 percent of Western Sahara
Western Sahara
Western Sahara is a disputed territory in North Africa, bordered by Morocco to the north, Algeria to the northeast, Mauritania to the east and south, and the Atlantic Ocean to the west. Its surface area amounts to . It is one of the most sparsely populated territories in the world, mainly...

 controlled by Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...

) face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 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.

Law regarding same-sex sexual activity

Article 489 of the Penal Code of Morocco criminalizes “lewd or unnatural acts with an individual of the same sex.”. 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
Moroccan dirham
The dirham is the currency of Morocco. The plural form is pronounced darahim, although in French and English "dirhams" is commonly used. Its ISO 4217 code is "MAD". It is subdivided into 100 santimat . The dirham is issued by the Bank Al-Maghrib, the central bank of Morocco...

. However, the law is sporadically enforced by the authorities, with a degree of tolerance extended to homosexuality in the holiday resorts like Marrakesh. 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.

Government Policy

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".

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.

Discrimination protections

Discrimination or harassment on the basis of sexual orientation or gender identity is not addressed in any civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 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.

Gender Expression

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
Coccinelle
Coccinelle is the French word for a ladybug . It may refer to:*a French transsexual actress and entertainer, see Coccinelle*an Italian leatherware and shoe manufacturer, see Coccinelle...

 helped to establish Casablanca
Casablanca
Casablanca is a city in western Morocco, located on the Atlantic Ocean. It is the capital of the Grand Casablanca region.Casablanca is Morocco's largest city as well as its chief port. It is also the biggest city in the Maghreb. The 2004 census recorded a population of 2,949,805 in the prefecture...

 as being a place where certain doctors were willing to perform sex change operations, albeit in clandestine circumstances.

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 http://www.guardian.co.uk/world/2010/may/20/gay-magazine-launch-morocco-rights.

Living conditions

Morocco has a macho
Macho
Macho typically refers to machismo. Other uses include:*Macho , a short-lived disco group in the late 1970s*Pique macho, Bolivian dish*Macho Man , a 1978 disco song performed by the Village People...

 culture, with rigid gender roles that requires a male, regardless of his sexual orientation, to get married and have children. The government has also reportedly stepped up its crackdowns on homosexuality with several public arrests.

A court in Ksar-el-Kebir
Ksar-el-Kebir
Ksar el Kebir is a city in northwest of Morocco with 110,000 inhabitants, about 160 km from Rabat, 32 km from Larache and 110 km from Tangier....

, 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. Yet, there are also signs of a greater tolerance and more visible LGBT community

In 2010, the government permitted openly gay singer Elton John
Elton John
Sir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor...

 to gave a performance during the Mawazine Festival, despite objections from the Justice and Development Party
Justice and Development Party
The name Justice and Development Party is used by a several political parties:* Justice and Development Party * Justice and Development Party * Justice and Development Party * Justice and Development Party...

, which is the biggest opposition party in the parliament http://www.365gay.com/news/elton-john-performance-in-morocco-raises-outcry/. 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 http://www.365gay.com/news/elton-john-performance-in-morocco-raises-outcry/.

Abdellah Taïa
Abdellah Taïa
Abdellah Taïa is an openly gay Moroccan writer who has lived in self-imposed exile in Paris since 1998. Taïa writes in French and has had works translated into Basque, Dutch, English and Spanish....

 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. http://www.guardian.co.uk/world/2010/may/20/gay-magazine-launch-morocco-rights. 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.http://www.guardian.co.uk/world/2010/may/20/gay-magazine-launch-morocco-rights

Advocacy for LGBT rights

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.http://www.guardian.co.uk/world/2010/may/20/gay-magazine-launch-morocco-rightshttp://www.alarabiya.net/articles/2009/03/19/68776.html

See also

  • Human rights in Morocco
    Human rights in Morocco
    Morocco’s human rights record is mixed. On the one hand, Morocco has made considerable improvements since the repressive Years of Lead under King Hassan II's reign , but under his modernizing son, Mohammed VI, there are still complaints about abuses of power.This article deals with Morocco and not...

  • Human rights in Western Sahara
    Human rights in Western Sahara
    Morocco sees Western Sahara as its Southern Provinces. Morocco considers the Polisario Front as a separatist movement given the Moroccan origins of many of its leaders, and a puppet in the hands of Algeria....

     — Morocco controls 80 percent of this disputed territory
  • LGBT rights in Africa
    LGBT rights in Africa
    Lesbian, gay, bisexual, transgender rights in Africa are limited in comparison to other areas of the world, with the BBC estimating that homosexuality is outlawed in 38 African countries...

  • Rachid O.
  • Abdellah Taïa
    Abdellah Taïa
    Abdellah Taïa is an openly gay Moroccan writer who has lived in self-imposed exile in Paris since 1998. Taïa writes in French and has had works translated into Basque, Dutch, English and Spanish....


External links

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