VZCZCXYZ0000
OO RUEHWEB

DE RUEHCL #0232/01 3471705
ZNR UUUUU ZZH
O 121705Z DEC 08
FM AMCONSUL CASABLANCA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8219
INFO ALNEA/ALL NEAR EAST COLLECTIVE IMMEDIATE

UNCLAS CASABLANCA 000232 
 
SIPDIS 
 
STATE FOR NEA/MAG AND G/IWI 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KWMN MO
SUBJECT: MOROCCO CONSIDERS A VIOLENCE AGAINST WOMEN LAW 
 
REF: A. 07 Rabat 1869 
      ¶B. 07 Casablanca 10 
 
¶1. (U) SUMMARY:  Despite substantial advances to women's rights 
contained in the 2004 reform of the family code known as the 
Mudawana, the government of Morocco still lags behind its 
international commitments on the issue of violence against women. 
Reports by women's shelters provide only a limited picture of the 
scale of the problem and these same reports also note the 
government's failure to implement already existing legislation. 
According to women's rights organizations, a government of Morocco 
(GOM) campaign to prevent violence against women launched in 2006 
has had little follow-through and major legal reforms are still 
needed.  These organizations also report that the Ministry of Social 
Development, the Family and Solidarity (MOSD) has organized a series 
of meetings to solicit the input of NGOs on a draft law to create a 
comprehensive law for violence against women.  If and when such 
legislation passes, it would be the first such law in an Arab 
country. END SUMMARY. 
 
--------------------------------------------- - 
Violence against Women in Morocco: An Overview 
--------------------------------------------- - 
 
¶2. (U) The principal sources for information on violence against 
women comes from two organizations which operate networks of 
counseling centers where women are able to receive legal and social 
services.  The Anaruz network consists of 31 centers which 
collectively reported 16,527 complaints of physical and sexual 
violence in 2007.  The Ligue Democratique des Droits des Femmes 
(LDDF) coordinates 12 centers which reported 3,569 cases of violence 
in the same year.  The GOM does not publish any statistics 
concerning incidents of violence against women.  Figures from both 
networks indicate that in 9 out of 10 cases of violence against 
women, the assailants are men with whom the victims' have had an 
intimate relationship, and in 8 out of 10 cases, the perpetrator is 
the husband.  These counseling centers exist exclusively in urban 
areas and services for victims of violence in rural areas are 
limited to the local police.  Finally, these centers offer daytime 
services only.  Women's NGOs were only able to name one residential 
shelter outside of Rabat, though other may exist. 
 
¶3. (U) According to Stephanie Bordat of Global Rights, an 
international women's rights NGO, there are problems with both the 
formulation of the laws dealing with assault and how they are 
implemented in cases of domestic violence.  Bordat maintains that 
the police will not respond to domestic violence complaints unless 
"there is blood."  The Penal Code divides assault into two 
categories; high-level misdemeanors when the victim suffers injuries 
resulting in 20-days disability from work and low-level misdemeanors 
for any period of disability less than 20-days.  Bordat reported 
that the courts rarely punish perpetrators of low-level misdemeanors 
and noted that domestic violence typically falls within this 
category (slaps, scratches, threats, insults, etc.)  The 
conservative mentality of the police and court officials is another 
hindrance to the implementation of the law.  The authorities, Bordat 
claimed, are hesitant to prosecute the offender out of concern for 
breaking up the family or offending social norms. 
 
-------------------------- 
Current Legal Deficiencies: 
-------------------------- 
 
¶4. (U) Many women's rights organizations argue that substantial 
reforms to the Penal Code or the passage of a comprehensive law 
addressing the issue of violence against women needs to be 
implemented to address the deficiencies in Moroccan law. The United 
Nations Committee on the Elimination of Discrimination against Women 
of the Convention on the Elimination of All Forms of Discrimination 
against Women (CEDAW) in response to Morocco's third and fourth 
periodic report in February of 2008 expressed its deep concern that 
no specific legislation exists on violence against women and girls. 
Currently violence against women is covered under applicable section 
of the penal and family code. 
 
¶5. (U) The Penal Code maintains the concept of a husband's legal 
authority over his wife even though the 2004 Mudawana reforms 
abolished the wife's duty of obedience to her husband.  For example, 
articles 494 and 496 of the Penal Code make it a criminal offense to 
harbor a married woman who has left her conjugal home without the 
consent of her husband and equate it with abduction.  While women's 
rights organizations are not aware of any case where this law has 
been implemented, they point out that it is a legal obstacle that 
leaves shelters vulnerable to prosecution for providing refuge to an 
abused woman. 
 
¶6. (U) Women's rights organizations also point out that civil 
remedies for dealing with cases of domestic abuse such as temporary 
restraining orders, mechanisms to order the violent offender out of 
the home, or financial maintenance during separation do not exist 
under current laws. 
 
¶7. (U) Regarding the issue of rape, women's rights organizations 
point to numerous articles of the law which they believe perpetuate 
unequal treatment for women and insufficient protection.  Foremost, 
the concept of marital rape does not exist as a criminal offense in 
the Penal Code.  In addition, these organizations do not accept that 
the rape of a virgin should carry a heavier sentence since they 
believe that a woman's sex life should be a purely private matter. 
Sexual relations between unmarried persons and adultery are criminal 
offenses and since non consent can be difficult for a victim to 
prove, the victim is vulnerable to the possibility of charges being 
brought for having engaged in illicit sex.  Also, the prosecution of 
the rapist of underage girls can be cancelled if the rapist agrees 
to marry his victim. 
 
¶8. U) Sexual harassment is covered in a limited fashion by the law 
and is punishable only in the workplace when committed by one's 
superior and is defined as an abuse of authority.  The law does not 
include sexual harassment by peers or other colleagues, hostile 
environment, or stalking. 
 
------------------ 
Government Efforts: 
------------------ 
 
¶9. (U) At the end of November 2006 the GOM launched a national 
campaign on violence against women under the slogan, "Towards a law 
on violence against women."  The campaign consisted of awareness 
raising through the media, the creation of "green line" for female 
victims of violence, and the creation of "gender focal points" or an 
official responsible for violence against women at the courts, 
hospitals, and police stations.  Finally, as the slogan suggests, 
the MOSD committed itself to the passage of a law specifically 
dealing with violence against women. 
 
¶10. (U) Zahia Ammoumou, a lawyer who deals with domestic violence 
cases and a member of the Association Democratique des Femmes du 
Maroc (ADFM), offered a critical appraisal of the GOM's follow 
through since 2006.  "The truth is that little has been done since 
the campaign was launched.  The hotline does little more than 
provide the locations of NGO-run counseling centers, the focal 
points exist on paper only, and most importantly the government has 
not taken any concrete steps to reform the Penal Code or pass 
violence against women law." 
 
 
--------------------------------------------- ------ 
A Comprehensive Violence Against Women Law or Penal Code Reforms 
--------------------------------------------- ------ 
 
¶11. (U) The GOM has sent mixed signals regarding whether it intends 
to move forward with simply reforming certain parts of the existing 
Penal Code or enact a comprehensive Violence against Women Law.  In 
early December Rachida Tahiri, chief of staff at the MOSD, hosted a 
meeting at the Ministry which was attended by over sixty 
representatives of women's rights organizations from all over 
Morocco.  Tahiri solicited input on the shape that either a 
comprehensive law on violence against women or a reform of the Penal 
Code should take.  She did not commit the Ministry to one plan over 
the other but indicated that the MOSD would put forth its proposal 
to the government in March of 2009. 
 
¶12. (U) On December 12th, the 60th anniversary of the United 
Nations' Universal Declaration of Human Rights, King Mohammed VI 
announced that the GOM would drop all its reservations of the United 
Nations' CEDAW Convention which will be reported septel. 
 
¶13.  (U) COMMENT: Morocco has made great strides in its legal 
reforms advancing the rights of women but as many organizations have 
noted, violence against women remains a significant problem.  In 
addition, there is a substantial gap between the current legislation 
on the books and their implementation.  In light of the removal of 
the GOM's reservations from the CEDAW and signs against the MOSD, it 
appears likely that the GOM will take steps to resolve some of the 
legal deficiencies outlined above.  If Morocco were to pass violence 
against women law, it would be the first of such legislation passed 
in an Arab country.  END COMMENT. 
 
MILLARD