Identifier
Created
Classification
Origin
09RABAT267
2009-04-02 08:40:00
CONFIDENTIAL
Embassy Rabat
Cable title:  

POLITICAL FOOTBALL OVER GAY RIGHTS

Tags:  PHUM PGOV KISL SCUL MO 
pdf how-to read a cable
VZCZCXRO7344
PP RUEHBC RUEHDE RUEHKUK RUEHROV RUEHTRO
DE RUEHRB #0267/01 0920840
ZNY CCCCC ZZH
P 020840Z APR 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 9881
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMGH/MAGHREB COLLECTIVE
RUEHCL/AMCONSUL CASABLANCA 4546
RUEHGV/USMISSION GENEVA 1130
C O N F I D E N T I A L SECTION 01 OF 03 RABAT 000267 

SIPDIS

STATE FOR DRL/NESCA AND NEA/MAG

E.O. 12958: DECL: 04/02/2019
TAGS: PHUM PGOV KISL SCUL MO
SUBJECT: POLITICAL FOOTBALL OVER GAY RIGHTS

REF: 08 RABAT 0411

Classified By: Charge d'Affaires, a.i., Robert P. Jackson for reasons 1
.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 RABAT 000267

SIPDIS

STATE FOR DRL/NESCA AND NEA/MAG

E.O. 12958: DECL: 04/02/2019
TAGS: PHUM PGOV KISL SCUL MO
SUBJECT: POLITICAL FOOTBALL OVER GAY RIGHTS

REF: 08 RABAT 0411

Classified By: Charge d'Affaires, a.i., Robert P. Jackson for reasons 1
.4 (b) and (d).


1. (C) Summary: Recent Moroccan responses to overt
homosexuality illustrate the extent to which this issue has
become a touchstone between conservative and Islamist
factions and modernizers, including many supporters of the
throne. A Moroccan gay rights organization based in Madrid
has received unprecedented media access and coverage for its
pro-gay rights campaign here in Morocco. At the same time,
authorities continue to detain persons for homosexual
activities. Such arrests have occurred in the past but,
until last year, rarely led to convictions. The Minister of
the Interior made an unprecedented public statement against
homosexuality after an inflammatory news article on the
practice of gay marriage. A group of human rights activists
is planning to request permission to create a Moroccan gay
rights association, although their application stands little
chance of being approved. In sum, however, the level of
public tolerance for openly gay Moroccans appears to be
slowly rising. End summary.

--------------
A Gay Rights Campaign ...
--------------


2. (C) Gaining unprecedented media coverage for what remains
an extremely sensitive issue, Samir Bergachi, President of
Kif-Kif (Same-Same),a Moroccan gay rights group based in
Madrid, launched a pro-gay rights campaign in mid-March. He
sought to educate the Moroccan public, which largely views
homosexuality as a disease, and to inform Moroccan
homosexuals of their human rights, he told the
French-language weekly TelQuel.


3. (SBU) Mr. Bergachi told press interviewers that the
situation for Moroccan homosexuals has improved in recent
years and that Morocco is more liberal than many of its
neighbors on this issue, noting that he plans to hold a
public event next month in Marrakech to highlight gay rights.
But, he said, compared to Lebanon or Turkey, which he
characterized as more accepting of homosexuality, "a lot of
work still remains."

--------------
... Triggers Protests and a Crackdown
--------------



4. (C) Bergachi's campaign prompted a series of protests by
Islamists, which triggered a limited but high-profile
crackdown. On March 10, authorities near Meknes detained 17
men suspected of homosexuality during a Sufi festival
(Moussem) celebrating the birth of the Prophet Mohammed.
Nine of the men have since been released, with the remaining
eight scheduled to go to trial during the first week of
April, human rights attorney Ahmed Arehmouch told us.
According to press reports, the men are now being detained on
suspicion of male prostitution, and local authorities have
charged them with "attacks against the Kingdom's moral
foundations," under Article 489 of the Moroccan Penal Code.
Those convicted under Article 489, which prohibits "lewd or
unnatural acts with an individual of the same sex," may be
punished by six months to three years imprisonment, and a
fine of between USD 15 and 150.


5. (C) Highlighting the stigma that still surrounds
homosexuality in Morocco, Arehmouch stated that he could find
only two attorneys who half-heartedly agreed to represent the
men from Meknes, who generally came from poor families.
"Most of the attorneys worried about the effect the case
would have on their reputations," he explained. He noted
that people who challenge sexual and gender norms regularly
experience discrimination related to housing, social security
and employment.


6. (C) Until last year's politicization of the issue
(Reftel),Morocco has generally tolerated participation by
traditionalist homosexuals in the Sufi Moussem near Meknes,
motivated in part by the Sufi ethos for tolerance. Arehmouch
observed that similar numbers of people are arrested at this
festival every year, but are usually released without charges
after a few days. He suspected the GOM/Palace arrested and
charged the men this year in order to appease conservative
Islamist elements. He also told us that on March 15, two men
in Agadir were sentenced to ten months in prison on sodomy
and prostitution charges. Such activities have been largely

RABAT 00000267 002 OF 003


tolerated in the past, with growing enforcement attention
principally focused on pedophilia. Rabat has been under
increasing pressure both from conservatives and from donors
to do something about prostitution.

--------------
Gay Marriage and the Koran
--------------


7. (C) Complicating matters for the Government, on March 21,
Moroccan tabloid Al Michaal published a story on the illegal,
but not unknown, practice of marriage among gay couples in
Morocco. The article featured an inflammatory photograph of
two nearly-naked men who claimed they had married each other
by reciting a prayer and verses from the Koran. That same
day, the Ministry of the Interior issued an unusual public
statement saying that it would "confront all actions that go
against religious and moral values, within the framework of
the law." The statement also denounced "those voices, who
through media, try to justify these ignoble behaviors that
represent a provocation to public opinion."

--------------
Morocco is Not Yet Ready
--------------


8. (C) All of this activity prompted Arehmouch and other
human rights activists to request permission to create a gay
rights association in Morocco in mid-April. Because of the
sensitive nature of the issue, and Morocco's previous refusal
to legally recognize similar organizations, neither the
Mission nor Arehmouch expects the Government to grant this
request. In his interview with TelQuel, Madrid-based
activist Bergachi mused that Rabat would never allow the
creation of such an association because "that would irritate
the Islamists, the conservatives and the radicals."
According to press reports, the Moroccan Association for
Human Rights (AMDH) and the House of Wisdom (Bayt Al Hikma
which is run by a leftist activist now linked to royal
confidant Fouad Ali El Himma's Party for Authenticity and
Modernity, who publicly distanced herself from Bargachi)
advised Bergachi to take a lower profile on this issue,
asserting that "Morocco is not yet ready."

--------------
The Politicization of Homosexual Tolerance
--------------


9. (C) The politicization of homosexual tolerance became a
national issue just over a year ago. In 2008, following
publication of cellphone photos purporting to show a gay
marriage, and heavy agitation by the Party for Justice and
Development and other Islamists, there were near-riots in the
northern town of Ksar el Kabir leading to several arrests,
including of the host. The men were eventually convicted but
were later quietly released, essentially for time served
pre-trial. The violence was at least in part provoked by
incendiary and sensationalist coverage and commentary on the
marriage by independent daily "Al-Massae," known for its
conservative - some say Islamist- leanings. The whole affair
became a national cause celebre, with much of the
intelligentsia, liberal media and modernizers associated with
the makhzen (Morocco's broader power elite) urging tolerance,
while Islamists urged repression, using the incident as a
means to criticize the reforming tendencies of the monarchy.
At that time, two local deputy prosecutors were forced to
relocate to Casablanca after townspeople threatened to stone
them (Reftel) after "Al-Massae" accused an unnamed deputy
prosecutor of participating in the ceremony. The four deputy
prosecutors from the town won an enormous libel settlement
against the newspaper, an award that was widely criticized by
international press freedom activists.

--------------
Comment
--------------


10. (C) Comment: The crack-down in Meknes, while
unfortunate, should be viewed in the context of the
tug-of-war between modernists aligned with the Palace and
conservatives/Islamists. The Palace has allowed much greater
public discussion of homosexuality, in parallel with its
broader effort to promote tolerance. Advocates of a more
tolerant stance on the issue appear not to be subject
themselves to any form of official pressure (as opposed to
the gay activists or persons caught up in the arrests).
Nonetheless, reform is limited by public opinion, which
widely opposes homosexuality. The Mission will continue to

RABAT 00000267 003 OF 003


monitor the situation, in part to see if Bergachi's planned
conference takes place next month. End comment.


*****************************************
Visit Embassy Rabat's Classified Website;
http://www.intelink.sgov.gov/wiki/Portal:Moro cco
*****************************************

Jackson