| Click here for a summary of Morocco’s review at the first cycle and/or the second cycle. |
27th UPR session
Date of review: 2 May 2017
Date of report adoption: 21 Sep 2017
Document number: A/HRC/36/6
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SUMMARY SOGIESC issues during Morocco’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
15. AI indicated that Morocco continued to imprison people under laws criminalizing same-sex sexual relations between consenting adults. Between May and June 2015, five men were sentenced to prison by “indecency”.
16. JS5 recommended criminalizing hate speech and violence on the basis of religion or sexual orientation.
II. Excerpts on SOGIESC issues from the national report
Establishment and consolidation of institutions provided for under the Constitution
12. The bill on the Authority for Gender Equality and Action against All Forms of Discrimination, a constitutional body established by virtue of article 19 of the Constitution, was adopted by the House of Representatives on 10 May 2016.
Integration of gender equality into public policies
28. The Centre of Excellence for Gender-sensitive Budgeting, which was established in February 2013, constitutes a platform for partnership and the sharing and exchange of knowledge about gender-sensitive budgeting. It forms part of an overall pattern for the promotion of democracy, good governance and analysis that is sensitive to the needs and rights of various social categories, such as children, persons with disabilities and migrants. The new dynamics of the Centre also embraces the gender perspective in connection with climate change and the principle of territoriality.
29. Morocco has worked for the implementation of gender-sensitive budgeting since 2002. As a reflection of that, 33 departments contribute to the budget report, on the basis of results that take into account the gender dimension of the Finance Act.
Women’s rights
91. In implementation of the government plan for gender equality 2012-2016, a number of activities were undertaken, including the establishment of 40 multifunctional areas for women victims of violence; the establishment of reception centres for such women in police and gendarmerie stations; the development of mechanisms for the care of women victims of violence and the creation of 88 reception centres attached to courts of first instance; the establishment of 97 integrated units to care for women and children in hospitals; the launch of an integrated programme to raise awareness of violence against women and girls and take action against it; the establishment of national observatories on combating violence against women, an observatory on the image of women in the media and an observatory on the gender perspective in the civil service in 2014; the issue in 2015 of the first report of the national observatory on combating violence against women; and the adoption by the House of Representatives in 2016 of a bill on the Authority for Gender Equality and Action against All Forms of Discrimination.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
17. OHCHR reported that, in 2015, it had received information about four men who had been convicted of sodomy and sentenced for imprisonment after a trial that seemed to have been unfair. The media had reported the arrest of 20 individuals in 2015 because of sexual relations between persons of the same sex.
18. The Human Rights Committee recommended that Morocco decriminalize homosexuality, free anyone who is in detention solely for having had consensual sexual relations and put an end to the social stigmatization of homosexuality and incitement to hate directed at persons because of their sexual orientation or gender identity.
Women
68. The Committee on Economic, Social and Cultural Rights was concerned about the persistent violence against women, the limited support offered to victims, and the continued criminalization of “illicit relations”, which deterred women from lodging complaints of rape. It recommended that the provision criminalizing illicit sexual relations be repealed. It also recommended that Morocco adopt a comprehensive law on violence against women consistent with relevant international standards, and that it ensure its implementation.
71. The Committee on Economic, Social and Cultural Rights recommended that Morocco abolish polygamy and conduct awareness-raising campaigns to eliminate gender stereotypes.The Human Rights Committee made similar recommendations.
IV. References to SOGIESC issues during the Working Group review
46. Argentina noted the discrimination suffered by lesbian, gay, bisexual, transgender and intersex persons in Morocco. It welcomed the adoption of a law aimed at combating trafficking.
73. Egypt commended Morocco for the efforts made in the area of judicial reform and the establishment of the Authority for Gender Equality and Action against All Forms of Discrimination.
75. Ethiopia noted with satisfaction the plan for gender equality and the 2015-2020 national sustainable development strategy to promote and protect human rights.
86. Iceland was concerned about reports of discrimination against members of the lesbian, gay, bisexual, transgender and intersex community. It urged Morocco to improve the human rights situation in Western Sahara.
113. Paraguay welcomed the reforms made by Morocco to guarantee the adequate functioning of the judiciary, to promote gender equality and implement policies to safeguard the environment.
126. Slovenia acknowledged the improvements made in terms of gender equality, including the creation of the Authority for Gender Equality and Action against All Forms of Discrimination, and noted that significant challenges remained.
V. Conclusions and/or recommendations
Morocco accepted the following recommendations
144.45. Step up the process of the creation of the Authority for Gender Equality and Action against All Forms of Discrimination (Gabon);
144.47. Establish the Authority for Gender Equality and Action against All Forms of Discrimination (Kuwait);
144.69. Continue efforts to draw a national framework for human development that takes into consideration gender equality and nondiscrimination (Tunisia);
144.72. Prohibit discrimination and criminalize violence against persons on the basis of their sexual orientation or gender identity (Canada);
144.73. Put an end to discriminations (including legal ones) faced by Lesbian, Gay, Bisexual, Transgender and Intersex persons (France);
144.76. Apply and adopt a comprehensive anti-discrimination law, containing a general prohibition of all forms of direct and indirect discrimination (Hungary);
144.78 Adopt a comprehensive anti-discrimination law (South Africa);
144.79. Take urgent measures to repeal the norms that criminalize and stigmatize LGBTI persons and investigate and punish the perpetrators of acts of discrimination and violence against them (Argentina);
144.185. Review all laws and practices that discriminate on the basis of gender and bring them in line with international law and standards and to take steps to further improve the protection of women who are subject to violence, including through amending the Penal Code to ensure the criminalization of marital rape (Sweden);
144.189. Strengthen the existing legal framework to protect women against all forms of violence and eliminate all discriminatory gender-based legal norms (Chile);
Morocco noted the following recommendations:
144.32. Revise the Penal Code and associated law for compliance with international standards, to guarantee equality between men and women, criminalise marital rape, decriminalise sexual relations outside marriage, abolish discrimination against children born outside of marriage, increase the minimum age of marriage to 18; de-criminalise consensual same-sex relations and develop public awareness programmes to address stigmatisation of LGBTI persons (Ireland);
144.70. Decriminalize consensual homosexual relations, and release those who were detained for that cause (Uruguay)
144.74. Decriminalize consensual relations between same-sex adults (Mexico);
144.75. Ensure the same rights to all citizens, including those of the LGBTI collective, decriminalizing same-sex relationships and eliminating all discriminatory legislation on the basis of sexual orientation (Spain);
144.77. Decriminalize consensual sexual relations, including by repealing penal code provisions in the Articles 489 to 493, prohibiting same-sex sexual relations, sexual relations outside marriage as well as adultery (Netherlands);
144.80. Repeal legislation, in particular Article 489 of the Penal Code, criminalising consensual sexual conduct between same-sex adults (Iceland);
VI. Further information
You will find all documents relating to India’s third review at UPR-Info and OHCHR’s websites.