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Gay rights in morocco

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Last updated: 17 December 2024

Types of criminalisation

  • Criminalises LGBT people
  • Criminalises sexual activity between males
  • Criminalises sexual activity between females

Summary

Same-sex sexual activity is prohibited under the Penal Code 1962, which criminalises ‘lewd or unnatural acts’. This provision carries a maximum penalty of three years’ imprisonment and a fine. Both men and women are criminalised under this law.

In 1956, Morocco officially gained independence from France, which had long since decriminalised same-sex sexual activity. The criminalising law is therefore of local origin, having been adopted in the 1962 Penal Code.

There is substantial evidence of the law being enforced in recent years, with LGBT people being frequently subject to arrest. Reports offer that hundreds of prosecutions under the law contain taken place in recent years. There have been consistent reports of discrimination and violence being devoted against LGBT people, including assault, harassment, and societal marginalisation.

Law an

LGBT Community Under Increasing Pressure in Morocco

In his talk at the 2015 Oslo Freedom Forum, the first openly same-sex attracted Moroccan filmmaker and writer, Abdellah Taia, said that he had always idea he “was the only gay person in the country.” This sentiment still resonates today.

More recently, the coronavirus pandemic has exacerbated the situation on-the-ground. Members of the LGBT community have fewer places to rotate and feel more alone while in quarantine. Some people who have been recently outed own been ostracized by their families and kicked out of their homes, and now have limited options due to the lockdown. The ripple effects of the harassment and persistent discrimination this community faces in Morocco, are prevalent.

Within this context, and given developments that have unfolded in recent weeks, the rights of the LGBT community in Morocco are at increasing risk.

 

Context of LGBT Rights in Morocco

In Morocco, the LGBT community faces a significant amount of persecution. Homosexuality is a crime; identifying as LGBT – simply existence who you are as a person – can country you in jail. Beyond jail day, the LGBT collective has also  been subjected to common shaming a

Morocco

Morocco criminalizes same-sex relations under Article 489 of the Penal Code, which prohibits “indecent acts” between persons of the same sex. The law specifically targets homosexual acts, with penalties ranging from six months to three years in prison. It also gives police a roomy degree of discretion in enforcement, often leading to arbitrary arrests. According to a 2020 notify by the Office of the General Prosecutor, 17,721 adults were prosecuted for engaging in non-transactional sexual relations outside of marriage in 2018, including 170 charged with same-sex relations. Human Rights Watch also reported on a “campaign of online harassment of presumed gay and bisexual men” in 2020. There have been no recorded instances of legal gender recognition for transgender individuals, and changing gender markers on official documents is not permitted. Those who publicly identify as LGBTIQ face significant risks of violence and harassment. 

Moroccan authorities consistently block attempts to register or operate civil society organizations that work on the rights of LGBTIQ people. One notable example is KifKif, the first LGBTIQ advocacy group founded in Morocco in 2004. Ki

LGBTQ+ Travel Guide to Morocco

Interesting Cities to Visit in Morocco

MARRAKECH

At the foot of the Atlas Mountains lies Morocco’s most famous city, Marrakech, best known for its vibrant, bustling square and market called Jemaa el-Fnaa. Day and evening, this is where you’ll find desert musicians, snake charmers, storytellers, acrobats and more ready to entertain and revenue from tourists passing by, as good as countless meal stalls and artisans selling local crafts. Escape the hustle and bustle and step inside the tranquil Menara Gardens, complete with a 19th-century palace, reflecting pool and olive groves backdropped by the Atlas Mountains on the horizon. Must-see sights also include the Koutoubia Mosque, the largest mosque in Marrakech, and the Bahia Palace, an architectural masterpiece.

FEZ

Located in the northeastern part of the country, Fez is often considered the cultural capital since it has the best maintained traditions and old-world charm. The center of it all is the Fes El Bali, the walled medina, with its narrow, pedestrian streets that residence artisan workshops, mosques and an 11th-century tannery still using ancient methods of tanning and dying leathe