Country Overview
Morocco
At a glance
Same-sex Relations for Men Legal Throughout the Country?
Same-sex Relations for Women Legal Throughout the Country?
Legal Gender Recognition Possible?
LGBTI Orgs Able to Register?
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Morocco criminalizes same-sex relations under Article 489 of the Penal Code, which prohibits “indecent acts” between persons of the same sex. The law specifically targets homosexual acts, with penalties ranging from six months to three years in prison. It also gives police a wide degree of discretion in enforcement, often leading to arbitrary arrests. According to a 2020 report by the Office of the General Prosecutor, 17,721 adults were prosecuted for engaging in non-transactional sexual relations outside of marriage in 2018, including 170 charged with same-sex relations. Human Rights Watch also reported on a “campaign of online harassment of presumed gay and bisexual men” in 2020. There have been no recorded instances of legal gender recognition for transgender individuals, and changing gender markers on official documents is not permitted. Those who publicly identify as LGBTIQ face significant risks of violence and harassment.
Moroccan authorities consistently block attempts to register or operate civil society organizations that work on the rights of LGBTIQ people. One notable example is KifKif, the first LGBTIQ advocacy group founded in Morocco in 2004. KifKif faced repeated refusals from the government when attempting to register officially, hindering its ability to operate legally within the country. Consequently, in 2008, KifKif relocated its operations to Spain while continuing to support LGBTIQ communities in Morocco. Another example is Association Akaliyat, a community organization advocating for LGBTI people’s rights. It has been striving for official recognition since its initial application in December 2016. However, despite their persistent efforts, Moroccan authorities have consistently denied them registration, effectively preventing the organization from functioning legally within Morocco. While there are no public LGBTIQ organizations operating within Morocco due to legal restrictions, advocacy continues to take place inside and outside of the country. Various Moroccan LGBTIQ individuals, groups, and allies engage in underground movements and diaspora activism.
*Outright research indicates bodily autonomy of intersex people is not respected and protected.
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