A Moroccan law outlaws sexual violence and provides a path to justice for women, but does it go far enough? Learn more, plus how can visitors stay safe while also using their tourism dollars to support local women.
The #MeToo movement has exposed the severity of sexual violence towards women on a global scale. Worldwide, one in three women will experience sexual or physical violence from an intimate partner, according to the World Health Organization. These statistics are daunting. World leaders pledged to eliminate all forms of violence and discrimination towards females by 2030 as part of the United Nation’s Sustainable Development Goals, but gender violence remains a global crisis.
A 2018 Thomson Reuters Foundation experts’ survey concluded that the third most dangerous place for sexual violence towards women is the United States of America, tied with Syria. The survey considers that sexual violence includes “rape as a weapon of war; domestic rape; rape by a stranger; the lack of access to justice in rape cases; sexual harassment and coercion into sex as a form of corruption.”
Morocco is not on the list of the top 10 most dangerous countries for women, but of course it is not exempt from gender violence–nor is any country on Earth. Sexual predators are everywhere regardless of creed, color, or country.
The High Planning Commission of Morocco conducted a survey of 8,300 women between the ages of 18 to 65 in 2009 and found that over 60 percent had been victims of violence, including sexual, physical, and psychological. Houda Barroug is a self-declared Moroccan feminist who has experienced sexual harassment throughout her life. Barroug shares that she’s often been told she doesn’t look Moroccan and believes that this is the reason why she’s endured lewd comments. “I wear the Hijab, supposedly a dressing style that covers you and helps you avoid being a victim of sexual harassment. When I pass by some males, they talk about me in Arabic thinking I don’t understand. They allow themselves to talk about my bottom, my breast, how I ‘look delicious’ and that they wish they could try me.”
Morocco is taking a strong approach to protecting women who’ve dealt with such dehumanizing situations, acknowledging gender violence and addressing the risks of sexual violence towards women by introducing new legislation. Hakkaoui Law (Bill 103-13) was put into effect in September 2018. It outlaws cyber and in-person public sexual harassment, sexual exploitation, and forced marriage with minors.
The bill, which was first drafted in 2013, is named after Bassima Hakkaoui, the current Minister of Solidarity, Women, Family and Social Development. Droits et Justice, a nonprofit organization improving the judicial system in Morocco, created a video overview of the legislation to help educate and raise awareness among Moroccan women. Around the same time, Moroccan women started a social media movement with the hashtag #Masaktach, which means ‘I won’t be silent,’ after a teenager was gang-raped.
“It’s symbolically powerful,” says Ghita Khayi, a young woman from Casablanca. She felt relieved when the Hakkaoui Law passed. “Finally, the government protects women of the country by giving them rights. We now have tools to fight back if a man disrespects us, harasses us publicly or privately. The judicial system is on our side,” she says. Not all young Morrocan women feel as hopeful as Khayi, though. “I think that women in Morocco are not prepared to really manifest or reclaim their aggressors. I’ve been harassed and physically abused many times and the law didn’t protect me,” says Nadia Belarbi.
The bill condemns and punishes the publication of private pictures and videos without consent. Khayi says this is a huge improvement in women’s rights. “In this social media era, many women suffer from blackmailing involving intimate pictures taken with or without their consent,” says Khayi. Those found guilty of gender-based violent acts may be punished with prison sentences of up to six months for street harassment or a year for forcing a marriage with a minor. Other criminal charges could result in up to five years imprisonment and fines up to $1,000.
Hakkaoui Law includes many positive provisions but the bill is far from a perfect solution to protect women in Morocco from all forms of gender violence. Domestic violence is loosely defined in the bill, which doesn’t explicitly criminalize marital rape. These omissions have outraged women’s rights organizations across the country who expected more from the legislation.
Droits et Justice Executive Director Sofia Rais says that it was about time for legislation like this to pass. “It’s a huge step forward,” she says. She feels that it’s too soon to judge whether or not the law will lead to a difference in the treatment of women who’ve been sexually assaulted in Morocco and that for now, the organization is observing the application of the bill. Still, she is concerned about loopholes. “In some instances, it’s difficult to prove harassment in cases of absence of eyewitnesses,” she says, noting there are also no measures to provide shelter to victims of abuse by the government.
Some, like Barroug, fears the law won’t make a difference and that the only way to create lasting change is to find methods that will transform the mentality of Moroccan men and families through education and communication. “The major problem lays is the mentality and social mechanisms. Having and setting laws doesn’t mean they’ll be implemented,” she says.
The sentiment that the only way to make lasting change is through a societal shift is echoed by expat women living in Morocco as well. “Passing laws is one thing but there needs to be a change from the ground up and laws need to be enforced,” says Amanda, the American expat behind Maroc Mama who is married to a Moroccan man and has lived in Marrakech for six years. She says it’s promising that the government has acknowledged there’s a harassment issue, but she hasn’t personally seen the law enforced over the last year. “Women rarely come forward and if they do they’re still brushed off. Until there’s an attitude change I don’t see it making much of a difference. There has to be a big shift in society to stop this type of behavior before any real changes will happen,” she says.
Nora Fitzgerald of Amal Nonprofit, which provides complimentary culinary education to marginalized Moroccan women, is also hesitant to praise the law completely as she worries about how it will be applied. “I’m not sure how this is being enforced on the street, whether it is affecting men’s attitudes or women’s lived reality. The law is definitely a step in the right direction. I’m hoping for the day when we see a law in Morocco to guarantee single mothers their rights vis-a-vis holding the fathers accountable,” she says.
The landmark bill provides Moroccan women with legal protections to seek justice from sexual harassment, which is a step toward progress for global women’s rights, but it is impossible to say whether Hakkaoui Law will protect foreign women who travel to Morocco.
I was traveling solo for a month in Morocco in 2016 and was attacked by a sexual predator who forcibly masturbated on me. It was my third trip to Morocco, and I’ll go back again someday as I refuse to let the actions of one man change my perception of an entire country. The treatment I received in Morocco was jarringly different than in western countries when I’ve reported instances of gender violence in that it was very good. The police never questioned my account of what happened. They didn’t ask me why I was alone, question my clothing (which was modest), or ever imply that I was at fault. I realize I may have received special treatment as I was a foreigner, but I hope more Moroccan women will receive similar justice under Hakkaoui Law.
Travelers who wish to support the livelihood of vulnerable women in Morocco may visit and support social enterprises as they explore the beautiful country. Dine at Henna Cafe in Marrakech, which offers free education to local residents and provides fair employment for female cooks and henna artists. Visit the Khamlia Association in the Moroccan Sahara Desert, which provides vocational training in craft and textile making for local women. In the coastal town of Essaouira, visit El Khir for a baking class that benefits the nonprofit’s projects assisting women in gaining financial independence through culinary skills.
