Morocco

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. As such the criminalising law is 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 suggest that hundreds of prosecutions under the law have taken place in recent years. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including assault, harassment, and societal marginalisation.

2019

On 5 December, a group of LGBT activists submitted a petition to the Moroccan Parliament, under the auspices of the ‘Moroccan Outlaws’ movement, demanding the repeal of criminalising provisions in the Penal Code.

2023

According to TALAY’AN NGO, in November, a young minor, who had been previously subjected to assault and rape by a muezzin (a respected figure of authority in a mosque) was sentenced to six months in prison himself, under ‘the accusation of being gay’. He also received a fine of 2,000 DH (approximately 550 USD). The perpetrator received an eight-year prison sentence.

In September, four individuals, including a foreigner, were arrested by the police in Marrakesh for homosexuality and drug possession.

2019

A Country of Origin Information report from the Danish Immigration Service, published in September, indicates that the number of prosecutions could be much higher than publicly available figures. It suggested that human rights groups would only be aware of cases that had been reported in the media, and most who found themselves accused would do everything possible to avoid media attention.

The Office of the Prosecutor General’s statistics for 2019 suggested that 122 people were prosecuted for same-sex sexual activity.

2018 

According to a report from the Office of the Public Prosecutor, there were 147 ‘registered cases’ of ‘homosexuality’ and 170 charged in 2018. In 2017, the official number of prosecutions was 197.

2017 

The report by the Danish Immigration Service states that according to the National Human Rights Council, there had been “four to five” cases involving LGBT people at courts of first instance in 2015. Legal experts quoted in the report said that there had been ten and twenty court cases in 2015 and 2016 respectively.

2016

In March, one man was found guilty under article 489 after a group of four men broke into a private home, assaulted him and another man and dragged them out naked onto the street. There they were beaten and filmed by an angry mob. Two of the attackers were also found guilty of assault.

In May, two men were arrested and charged under article 489 after being found by police in a parked car on the outskirts of the town of Guelmim. The men were sentenced to six months’ imprisonment.

In November, two teenage girls, 16-year-old Sanaa and 17-year-old Hajar, went to trial on homosexuality charges after they were caught kissing and reported to police in Marrakesh.

2015

In June, two men were sentenced for violating article 489 after posing for a photo together outside a mosque. Reports suggest the incident was linked to another case that took place a day prior, in which two topless French activists were arrested and deported after kissing in the same spot.

2014

A report from Human Rights Watch stated that in July, a Moroccan appeals court upheld the convictions of six men charged with homosexual acts in April. Four of those individuals were convicted under article 489 and two were imprisoned, with the rest reportedly being given suspended sentences. The report claims that all six men may have been banished from the region.

In December, two men were convicted under article 489 and 483 (‘public indecency’) after a brief trial based upon ‘confessions’ which the defendants repudiated. Their sentences were reduced from three years’ imprisonment to six months on appeal.

2013

One report suggests that as many as 5,000 individuals may have been arrested under Morocco’s criminalising laws since the country gained independence in 1956.

2011

A report of the Associated Press includes Ministry of Justice statistics indicating “81 trials for homosexuality in 2011″.

2022

In November, Tangier’s judicial police arrested an adult and three minors after a widely circulated video showed them beating a transgender woman. The attackers reportedly used homophobic slurs during the attack based on the victim’s attire. After their arrest, the adult was taken into custody, while the three minors were placed under police surveillance. The adult was later charged for assault and violence in a public space and given a prison sentence of four months.

2020

The US Department of State report found that LGBT victims of violence in high-profile cases continued to be harassed when recognised in public. In March and April, a transgender Moroccan activist in Turkey started a campaign encouraging the outing of closeted gay people in Morocco, which resulted in numerous reported cases of harassment and death threats against LGBT people.

In April, at least 50 to 100 gay men were outed as their photos were spread on social media. Many were kicked out of their family houses in the middle of the coronavirus lockdown.

2019

In May, four individuals attacked and stripped a man due to his sexual orientation. The man was seriously injured and pressed charges against the perpetrators.

2017

The report by the Danish Immigration Service on the situation of LGBT persons in Morocco suggested that LGBT people face a range of societal marginalisation, including physical, social, and institutional violence. It suggests that LGBT people hide their identities to avoid being threatened with violence.

2013

The US Department of State report found that being LGBT could “constitute a basis for societal violence, harassment, blackmail, or other actions, generally at a local level, although with reduced frequency.”

2010

Despite reports of discrimination and arrests persisting in Morocco, some reports indicate that the country is becoming increasingly tolerant to LGBT individuals. In 2010 the Morocco’s first gay magazine was announced.