In light of the amendments made to the constitution in 2011, the scope of public freedoms has increased in Morocco.read more
As previously covered on the CIVICUS Monitor, during 2016 and 2017, Morocco was rocked by the Hirak movement in Rif, northern Morocco. These regional protests were met with repression and arrest. In reaction, the government arrested hundreds of protesters for mobilising on the streets in Rif. In May 2017 the leader of the protests, Nasser Zefzafi was arrested. After a nine month trial, in June 2018, protesters Zefzafi and Nabil Ahmijeq, Wassim El Boustani and Samir Aghid were sentenced for a 20-year jail term.
As previously covered on the CIVICUS Monitor, during 2016 and 2017, Morocco was rocked by the Hirak movement in Rif, northern Morocco. During this unrest, Mohcine Fikri, a fishmonger lost his life after police confiscated his goods. The vendor was killed after he became trapped in waste disposal grinder, while trying to stop his fish from being destroyed. In the aftermath, the region saw sustained protests calling for justice as well as social and economic reforms in the region. The protests strained relations between Rif, an ethnically Berber region of Morocco and Moroccan central authorities.
These regional protests were met with repression and arrest. In reaction, the government arrested hundreds of protesters for mobilising on the streets in Rif. In May 2017 the leader of the protests, Nasser Zefzafi was arrested. After a nine-month trial, in June 2018, protesters Zefzafi and Nabil Ahmijeq, Wassim El Boustani and Samir Aghid were sentenced for a 20-year jail term. In total 53 protesters were handed sentences between two and fifteen years for participating in the protests. The video below captures the outrage over the heavy handed sentencing.
“Nasser Zefzafi and others who have been convicted and imprisoned for protesting peacefully for social justice or covering demonstrations online should never have been on trial in the first place. He must be released and his conviction overturned.”
Similarly, the members of the European Parliament nominated Zefzafi for the 2018 Sakharov Prize for Freedom of Thought for his fight "against oppression and abuse of power". The prize recognises individuals who have dedicated their lives to the defence of human rights.
L’Association marocaine des droits de l’homme dénonce une « régression patente des droits humains » au Maroc https://t.co/IxnhGl5cMJ— Laurent Duarte (@LaurentDuarte) November 2, 2018
In a recent report Moroccan Association for Human Rights shed light on "the repression of several social movements" and documents that the total number of people detained or on wanted lists because of "critical opinions" or "activities within protest movements" in the Rif and other regions has risen to over 1020. The report covers 2017 and the first half of 2018. AMDH President Ahmed El Haij highlighted the heavy handed approach taken by the government in response of the protests.
Freedom of expression continues to be restricted in Morocco, especially for those expressing sympathy with the Hirak movement. On November 2018, the activist, El Mortada Iamrachen was convicted on charges of promoting terrorism and handed a five-year prison term. His arrest related to a Facebook post in support of the Hirak protests. After being arrested in November 2017, Iamrachen was held for eleven months in solitary detention. Civil society groups condemned the heavy handed sentence, claiming that the activist had done nothing but peacefully express his views online.
International groups have also highlighted the prosecution of those expressing sympathy with the Hirak movement. Amnesty International called on Moroccan authorities to overturn the conviction of Nawal Benaissa, who has been repeatedly intimidated and harassed. On 15th February 2018, she was sentenced to a 10-month suspended prison term and a fine of 500 dirhams (around $50) on charges of "protesting in an undeclared demonstration", "insulting law enforcement officers” and “incitement to commit” criminal offences. Benaissa was also prosecuted over comments she posted on Facebook between June and August 2017 in support of Hirak protests. Authorities forced her to close down her social media accounts.
#Morocco – #NawalBenaissa Trial: on 22 November, the Court of Appeal in Al Hoceima will review the appeal. Nawal is a human right defender, harassed for her peaceful activism. The authorities must overturn her conviction! https://t.co/yR4048B3HO pic.twitter.com/9KsN5EudK0— Amnesty North Africa (@AINorthAfrica) November 21, 2018
Strong legal safeguards are in place for freedom of association in the Moroccan constitution.
Strong legal safeguards are in place for freedom of association in the Moroccan constitution. The right to associate is governed by Dahir (Royal Decree) No.1-58-376. Article 2 of the law only establishes a notification process in order to register as an organisation; however, in practice the authorities often fail to deliver the registration receipt which is needed to operate and organise meetings. Also, the legislation does not allow organisations to register if their objectives or aims are deemed “contrary to good morals”; to “undermine the Islamic religion”, the monarchy, or the country’s “integrity of national territory”; or if they are considered to “call for discrimination”. Human rights defenders face judicial harassment, intimidation and arrests, especially those working in Western Sahara and on issues regarding self-determination.
The Moroccan Constitution guarantees the freedom of peaceful assembly.
The Moroccan Constitution guarantees the freedom of peaceful assembly. However Law 76 on Public Assemblies of 2002 imposes certain restrictions. Only legally registered organisations enjoy the right to hold a public demonstration. Organisations which intend to hold public gatherings are required to notify the authorities 48 hours in advance. Authorities can deny permission on the basis of vague provisions which allow them to make discretionary and arbitrary decisions. Apart from a few exceptions, violent protests are not common. There are instances when the security forces have used excessive force to disperse protests, which is more common during demonstrations calling for the self-determination of the Sahrawi population.
Articles 25 and 28 of the Moroccan Constitution guarantee the freedom of expression in all its forms.
Articles 25 and 28 of the Moroccan Constitution guarantee the freedom of expression in all its forms. However, the legal framework places certain restrictions which prevent the full exercise of this right. Although the Press Code removes prison sentences for forms of expression, the penal code retains prison terms for "insulting the Islamic religion or the monarchic regime or inciting against the territorial integrity of the country.” The government exercises significant control over domestic media organisations. Journalists face harassment, intimidation and the imposition of travel bans, especially those covering and reporting on issues that do not align with the government’s position regarding Western Sahara.