Human Rights in Morocco

  Hello Readers, welcome back to the Middle East and North African human rights blog. This week, we will be looking at the Kingdom of Morocco.

Throughout the 20th century, Morocco was a French protectorate under the Treaty of Fez (Morocco Profile). Rising nationalist movements coincided with independence movements, and Algeria led to Morocco's independence in 1956. The King, Mohammed V, controlled the country amidst independence and established a constitutional monarchy. However, despite establishing a constitutional monarchy, the King retained a majority of political power (Constitutional History). Due to political unrest, Mohammed V’s successor, Hasan II, was granted full executive and legislative powers. A series of military coups and uprisings shifted the balance of the monarch until 1972 when a new constitution was adopted (Morocco Profile). The new constitution outlined the balance of power between the King, the council of ministers, and the parliament. In the 1990s, the power of Morocco's parliament was extended to finances and oversight (Constitutional History). Hasan II died in 1999 and was succeeded by his son Mohammed VI who promised to fight corruption, release political prisoners, and improve Morocco's human rights record . However, the King experienced renewed scrutiny with protests in 2011 that were part of the broader Arab spring. The protests demanded that power be put in the hands of elected representatives and an end to corruption. The Arab Spring protest led to the drafting of a new constitution that outlined its commitment to human rights and international law. The constitution also outlined the executive power of the monarch, the Prime Minister, and the cabinet, and the legislative authority, which is held by the bicameral legislature (Constitutional History). Despite the reforms of the constitution, the King still maintained a significant amount of executive power. Today, Morocco's human rights are undermined by criminal justice violations, freedom of expression, women’s rights, sexual minority rights, treatment of refugees, and conflict in Western Sahara. Morocco’s criminal justice system does not allow a lawyer to be present during police interrogating the detained. Police also use coercive methods and get detainees to sign self-incriminating statements that eventually convict the defendant (World Report 2022). In regard to freedom of expression, Morocco punishes people who “cause harm" to Islam or the monarchy, and insult, Morocco‘s territorial integrity, which includes the contested region of Western Sahara. Security forces also harass and arrest independence activists campaigning for west Saharan self-determination. Authorities also undermine human rights organizations and abuse activists and journalists. In Morocco, women are discriminated against in cases of divorce, inheritance, and domestic violence. Morocco does not explicitly criminalize marital rape, and police often prosecute women for reporting sexual violence (World Report 2022). LGBTQ+ people also face discrimination and restrictions in expression and activism. Homosexuality is referred to as “sexual deviancy “and punishes offenders with up to three years in prison. The government of Morocco also criminalizes sex outside of marriage with up to a year in prison (World Report 2022). Morocco has a migration law that criminalizes illegal entry to the country, which does not exempt refugees and asylum-seekers. Migrants also face arbitrary detention and abusive raids which target sub-Saharan African migrants. Recently in 2021, the Ministry of foreign affairs started the administrative process for granting refugee cards and special residency permits to hundreds of refugees (World Report 2022). The rights of women, the Sahrawi people of Western Sahara, refugees, detainees, and sexual minorities are not respected by the government of Morocco. The country must take steps to provide protection and freedom to these groups in order to have a free and open society that respects human rights. The proliferation of human rights in Morocco would also be aided by engaging in a peace process with the Sahrawi Arab Democratic Republic, recognizing the country’s independence, and relinquishing its territorial claim.

Citations:

“World Report 2022: Rights Trends in Morocco and Western Sahara.” Human Rights Watch, 13 Jan. 2022, https://www.hrw.org/world-report/2022/country-chapters/morocco/western-sahara. 

“Constitutional History of Morocco.” ConstitutionNet, 11 Aug. 2017, https://constitutionnet.org/country/morocco. 

“Morocco Profile - Timeline.” BBC News, BBC, 24 Apr. 2018, https://www.bbc.com/news/world-africa-14123260.