Morocco is still criminalizing homosexuality

The international day against homophobia is an opportunity to give an overview about the situation of LGBT communities in Morocco. In a report released by ILGA, the international federation highlights the sexual orientation laws in the Kingdom just a few days after Mustapha Ramid, the Minister of State for Human Rights, latest declaration.

Every May, LGBT’s around the world mobilize to raise awareness regarding violence, discrimination and repression of their communities all over the world. Entitled «the International day against Homophobia», the 17th of the current month celebrates the initiative of removing homosexuality from the International Classification of Diseases of the World Health Organization (WHO) in 1990.

  An event that has not changed the situation of Homosexuality in several African and Arab countries, and the example is Morocco where law and regulations are still attached to this matter.

According to a report released on May 2017 by the ILGA, a worldwide federation of more than 1,200 member organization from 132 countries campaigning for Lesbian, gay, bisexual, Trans and intersex rights since 1978, Morocco is still applying strict regulations and laws on LGBT communities. The annual survey entitled «A world survey of sexual orientation laws : Criminalization, Protection and Recognition» holds the objective of compiling pieces of information on the world’s laws that are relevant to sexual orientation in one place. For Morocco, the report states a series of laws and restrictions that prohibit and criminalize same-sex sexual activities.

Prohibiting unnatural acts

Since November 1962, the kingdom’s penal code banned unnatural acts. Article 489 states as reported by the ILGA that : «Any person who commits lewd or unnatural acts with an individual of the same sex shall be punished with a term of imprisonment of between six months and three years and a fine of 120 to 1,000 dirhams, unless the facts of the case constitute aggravating circumstances». The same source indicates that promoting thoughts related to sexual orientation is also restricted in the North African country. «Article 483 of 1962 penal code speaks of public indecency through 'obscenity in his actions', which is understood to include promoting ‘obscenity’», the ILGA survey states.

Things are not limited to that, since the study points out that Morocco’s 1958 Decree 1-58-376 prohibits associations from engaging in «activities that inter alia break the law or public morals, offend islam». Amendments were brought to the 1658 law in 2005 banning «provisions such as capacities of the association at start-up».