(Nov. 11, 2016) Two female teenagers, aged 16 and 17, are going on trial for homosexual activity after they were seen kissing and hugging last week in the Moroccan city of Marrakech; they were reportedly held for several days in an adult prison, rather than a juvenile facility. The Moroccan Association of Human Rights has assigned an attorney to represent the two young women. (Two Teenage Girls in Morocco ‘Caught Kissing’ Face Jail, AL-ARABY AL-JADEED (Nov. 4, 2016), Open Source Enterprise online subscription database, No. LIR2016110457340921; Samantha Schmidt, 2 Teenage Girls in Morocco Could Face up to 3 Years in Prison for Kissing Each Other, WASHINGTON POST (Nov. 4, 2016).)
Morocco outlaws homosexual activity and punishes it with from six months to three years of imprisonment, plus a fine. The Penal Code specifically states that anyone who “commits an impudent act against nature with an individual of his sex” is guilty of an offense. (Morocco: Code Pénal (Nov. 26, 1962), art. 489, World Intellectual Property Organization website (in French).)
The recent case has resulted in renewed calls for a change in the law, including a Twitter campaign with the tag #freethegirls. (Schmidt, supra.) Human Rights Watch (HRW) has said that criminalizing homosexuality between consenting adults is a violation of international human rights. (Two Teenage Girls in Morocco ‘Caught Kissing’ Face Jail, supra.) In a report on Morocco published in 2014, HRW noted that “Moroccan courts continued to jail persons for homosexual behavior … .” (World Report 2015: Morocco/Western Sahara: Events of 2014, HRW website.)
The U.S. Department of State, in its annual human rights report, said that in Morocco, “[a]ntidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes.” (Country Reports on Human Rights Practices for 2015: Morocco, U.S. Department of State website.)
The report mentioned prosecutions for same-sex displays of affection such as kissing and went on to say that “[s]exual orientation and gender identity constituted a basis for societal violence, harassment, blackmail, or other actions, generally at a local level, although with reduced frequency. There were reports of societal discrimination, physical violence, or harassment based on sexual orientation or gender identity.” (Id.)