In Morocco, homosexual relations are punishable by up to three years in prison, in accordance with article 489 of the Penal Code. There have been prosecutions and convictions on this basis. However, homosexuals are more often arrested on other charges, such as debauchery, underage prostitution, incitement to prostitution, indecent assault or even terrorism. The police are regularly accused of violence against homosexuals, whether during their arrest, detention or even when they file a complaint. Men whose gender expression does not correspond to expected norms are particularly vulnerable to police abuse.
Homosexuality is generally perceived negatively in society and is associated with notions of perversion, sin and shame. It is often described as a practice that is contrary to dominant cultural and religious values. The issue of individual freedoms is the subject of much debate in society, with progressive groups in favour of these freedoms and conservative groups opposed to any relaxation of morality in order to safeguard the country's traditional and religious values. Homosexuality is rarely mentioned in the media.
The Lesbian, Gay, Bisexual, Transgender (LGBT) community faces various forms of violence, including family rejection, social exclusion and online humiliation. People from working-class and rural backgrounds are more exposed to discrimination and violence. Conversely, people who are financially independent or who belong to the intellectual and liberal elite tend to be treated more favourably. There are also significant differences between regions.
There is no legislation that explicitly protects against discrimination on the basis of sexual orientation. Cases of discrimination in employment, housing and access to health care have been reported. The participation of LGBT people in public life remains limited, and self-censorship and discretion are often necessary to avoid violence.
The development of social networks has given the community greater visibility and enabled a new form of activism. There are no safe public spaces for sexual minorities in Morocco. Meetings and exchanges take place mainly through online forums and specific social media applications.
LGBT associations are not legally recognised and operate as unofficial organisations. Their main role is to provide support to people who have been rejected by their families, in particular by providing emergency accommodation.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.