MOROCCO CONSIDERS A VIOLENCE AGAINST WOMEN LAW

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