“Love is Not a Crime”: Goals of the Gay Movement in Morocco
Bella Pori
Professor Paul Martin
Department of Human Rights, Barnard College
Human Rights Independent Study
May 10, 2015
“Love is Not a Crime”: Goals of the Gay Movement in Morocco
Introduction
When looking at the United Nations, one would assume that there is a treaty for
every protected group. There is a convention to eliminate discrimination against women.
There is another to protect children. Another works to eliminate racial discrimination.
There are treaties to protect disabled people, migrant workers, victims of torture, and
victims of enforced disappearance. But as of 2015, there is one group that goes without
established protection from the United Nations, a group that is dispersed across the
world, and finds little to no protection in most countries.
At the international level, there is no United Nations (UN) treaty that protects gay
people around the world. There was a resolution of the UN Human Rights Council passed
in 2011, “expressing great concern” about the acts of violence towards gay people, and
calling for a study.1 A resolution in 2014 was passed with similar goals of shaming
countries that perpetuated violence towards gay people, and speaking positively of
countries that were making progress on gay rights.2 However, there has been little
support from the UN with regards to gay rights, and there is not a clear place in the UN
for gay activists to air their grievances, and engage in naming and shaming of countries
that still deny their rights.
Because there is no real international stage where gay activists can present their
case and advocate for their rights, national and local gay groups often focus their activism
within the country, when possible. In many countries where homosexuality is illegal,
1
Human Rights Council resolution 17/19, Human rights, sexual orientation and gender identity,
A/HRC/RES/17/19 (17 June 2011), available from undocs.org/A/RES/17/19. 1.
2
Human Rights Council resolution 27/32, Human rights, sexual orientation and gender identity,
A/HRC/RES/27/32 (26 September 2014), available from undocs.org/A/RES/27/32. 2.
these organizations, and the people who run them, are underground. Morocco is no
exception to this. The country has several prominent activists who have, in the past,
spoken out on behalf of gay rights, but any non-governmental organization (NGO)
working for gay rights has to be under the radar of the government. When homosexuality
is illegal, advocating for better treatment of gay people also illegal, and ensures that
activists fighting for this are suspected of homosexuality.
For this reason, there are few people in Morocco advocating publicly for gay
rights. Currently, the country has two public gay rights groups, though both retain some
form of anonymity for their participants. The more political NGO, which advocates for
equal treatment for gay people under the law, is based in Spain, though run by a
Moroccan. Another very popular gay magazine is run in Morocco, but is online, and
therefore harder to be exposed, and easier to keep anonymity. These two organizations,
and the people involved in them, however, do not include all the gay people in Morocco.
There are a large number of gay people in Morocco not involved with this activism, and
due to the legal prejudice around homosexuality, not living their lives openly. There are
no statistics on exactly how many gay people are in Morocco, but surveys in the United
States have put the percentage of gay people at around 3 to 4 percent of the overall
population.3 Even if it is assumed that Morocco has a smaller percentage of gay people
than the United States, there are only a handful of gay Moroccans in the public sphere. If
one percent of Moroccans are gay, that leaves 330,000 gay people in the country, the vast
majority of whom are not open about their sexuality.4
Somashekhar, Sandhya. “Health survey gives government its first large-scale data on gay, bisexual
population.” The Washington Post. 15 July 2014. Online.
4
“Morocco Population 2015.” World Population Review. World Population Review. 2015. 10 May 2015.
Retrieved from http://worldpopulationreview.com/countries/morocco-population/.
3
This paper will examine the goals that gay rights activists, gay people not
involved in activism, and straight academics and other activists, have for the gay
movement. The central question of the research was to understand if gay rights activists
and gay people not involved in the movement for gay rights, would have similar or
different goals for the gay movement in Morocco. As such, this paper draws heavily on
research conducted while I was studying abroad in Rabat, Morocco. I received
Institutional Review Board (IRB) approval from the School for International Training
through an expedited IRB process. The measures I took to ensure confidentiality of my
subjects, and prevent unnecessary harm, can be found in my Methods section. During my
four months in the country, I learned about the human rights issues in Morocco, and how
those intersected with human rights issues around the world, as well as United Nations
treaties. I spent over a month focusing exclusively on contacting gay rights organizations,
and trying to speak with gay people not involved in the movement.
Because I spent only four months in the country, and had a little over a month to
fully focus on research, this study is far from a complete picture. Rather, it provides a
snapshot of the two leading gay rights organizations in Morocco, discussing how they are
run, what challenges they face, and what the goals for the organizations are. The number
of gay people not involved in activism whom I spoke with was incredibly small, and as a
result, this study does not claim to speak for all gay people in Morocco, nor does it
promise a complete picture of the social and political landscape for gay Moroccans. What
it does provide is a discussion of a gay movement in a country that is largely missing
from the discourse on gay rights in the Middle East and North Africa. This paper is also
unique in that it focuses not on aspects of gay life, but on the political and social goals of
the gay movement.
The paper begins with a discussion about the legal and religious prejudice faced
by gay people in Morocco. Legal prejudice is centered around Article 489, and the
ramifications of the criminalization of homosexuality. Religious prejudice in Morocco
stems from the condemnations of homosexuality in the Quran, and the hadiths, or sayings
of the prophet Mohammed, some of which also condemn homosexuality. The paper then
discusses gay people’s exclusion from human rights groups in Morocco, and the
challenges to gay organization. Finally, the paper expands on my research methods, and
goes into detail about the responses from gay organizations, straight academics, and gay
people not involved in the movement.
This study found that the goals of gay rights organizations do line up with the
goals of gay people not involved in activism, and both are centered around the
elimination of Article 489, which criminalizes homosexuality. However, straight
academics, or people working in human rights groups in Morocco do not share this goal.
It will be a long road for gay activists to achieve their goals, but the gay movement in
Morocco is only beginning, and every day, more is being done by activists to educate
society about homosexuality and fight for gay rights.
Note on Terminology
This paper generally uses “gay” when referring to homosexual individuals, and
when discussing homosexuality as a concept, or homosexuals as a group. There are
several reasons for this. Many people feel that the term “gay” carriers fewer negative
connotations than the word “homosexual” which was often used when homosexuality
was still classified as an illness.5 The paper uses “homosexuality” to refer to the concept
or idea of being gay, but generally uses “gay” when referring to people.
“Gay” is used in lieu of the LGBTQ acronym (Lesbian, Gay, Bisexual,
Transgender, and Queer) because there is currently no standardization for the acronym,
and some feel that the current one, LGBTQ or LGBT, leaves out groups that are also part
of the gay community. When necessary, the paper specifies “gay man” versus “lesbian
woman” but does not go farther than that. No participants in the study self-identified as
bisexuals, nor did this study seek out any transgender individuals to speak to, as that
struggle has different legal and religious issues around it, and the movement likely has
very different goals. It would be a disservice to the transgender community of Morocco
to lump their struggle and activism in with the struggle for gay rights that this paper
discusses.
Finally, the term gay is used, as I feel it is the closest to the Arabic term for
homosexuals. For a very long time, there was no word in the Arabic language, or in the
Arab world to describe gay people. In the absence of an official term, many people
resorted to slurs, to the point where degrading names for gay people were used by both
the general public and the media when discussing homosexuality. These terms often
derived from the Quran and the story of Lot, and were used to describe both men and
women. Due to this widespread, entrenched prejudice, gay activists tried to create a term
that would not be insulting, but would identify gay people. Six years ago, the word
“mithly” entered into the popular discourse in the Arab world.6 The word is directly
translated to mean “like me,” and is general translated and understood to mean gay
“Homosexual or Gay?” Avert.org AVERT: Averting HIV and AIDS. 2014. 13 April 2015. Retrieved from
http://www.avert.org/homosexual.htm
6
Frosh, Jon. “There’s a Place for Gays in Islam.” The Atlantic. 6 September 2013.
5
people, and can be made feminine with the addition of an “a” to be “mithliya.” The use of
this word by many in the Arab world, in lieu of the French word homosexuel, leads me to
believe that this word is intended to mean “gay,” and it is for this reason that I use the
word “gay” throughout this paper.
Legal Barriers to Homosexuality
Moroccan law forbids sex between two consenting adults of the same gender.
According to Article 489 of Morocco’s legal code, “an indecent act or act against nature”
with someone of the same sex, can result in anywhere from six months to three years in
prison.7 People have to pay between 200 to 1,000 dirhams, in addition to any prison time
that they serve.8 Recently, amendments to the criminal code were proposed that
suggested the raising of the fine to a range of 2,000 to 20,000 dirhams.9 This is the
equivalent of close to 250 to 2,500 American dollars. A fine of this size would be
challenging for many Americans to pay, and will be even more of an imposition in
Morocco, where the cost of living, and wages, are lower.
Although France decriminalized consensual homosexual acts in 1791, they carried
sodomy laws to their colonies as another way to control the native people.10 Morocco was
one of the many countries France imposed these laws, which are still in use today. The
legacy of colonialism is evident in many aspects of the penal code, including the sodomy
laws. The Moroccan penal code is even written in French.11 While France has been able
7
Moroccan Government, Moroccan Penal Code. November 26, 1962. Article 489.
Moroccan Penal Code.
9
“ ‫“م سودة "م شروع ت عدي ل ال قان ون ال ج نائ ي" ت شدد ال ع قوب ة ع لى ال ع الق ات ب ين ن فس ال ج نس ب ال م غرب هذا‬
Aswat Magazine. Aswat Magazine. 2015. 13 April 2015. Retrieved from
http://www.aswatmag.com/2015/04/blog-post.html#.VS3JcpTF-7k
10
Gupta, Alok. “This Alien Legacy: The Origins of ‘Sodomy’ Laws in British Colonialism.” Human
Rights Watch. 17 December 2008. 6-7.
11
Moroccan Penal Code.
8
to move on from this homophobic legislation, its former colonies, touched by colonialism
in almost all spheres of life, have not.
Legal restrictions on homosexuality spring from Arab nations as well.
Homosexual acts are illegal in the majority of countries in the Middle East, and
punishable by death in Saudi Arabia, Iran, Yemen, Mauritania and the Sudan.12 In fact,
the only countries in the Middle East where homosexuality is not illegal are Turkey, Iraq,
Israel, and Jordan. Every other Middle East and North African country criminalizes
homosexuality in some way.13 While many of these laws are based in religious teachings,
the legal ramifications extend beyond the mosque, and into people’s everyday lives.
Many people in the Arab world consider homosexuality to be morally wrong, and it is
portrayed negatively in the media.14 All of this results in a social prejudice around
homosexuality that goes hand and hand with the legal restrictions.
People are rarely convicted under Morocco’s sodomy law, as obtaining proof of
homosexuality involves catching people having sex. However, there are many court cases
and accusations of homosexuality, many of which can be nearly as harmful as an actual
prison sentence. According to the Ministry of Justice, in 2011, there were 81 prosecutions
for homosexuality, though it is unknown how many of these resulted in conviction.15
Recently, two men were caught having sex in a car in Temara, and were each sentenced
to four months in prison, though both denied the charges.16 That same year, three men in
Souq el-Aarba were sentenced to three years in prison, on the charge that they had
“Where Is It Illegal to be Gay?” BBC News World. BBC. 10 February 2014. 20 February 2015.
Retrieved from http://www.bbc.com/news/world-25927595.
13
“Where Is It Illegal to be Gay?”
14
http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
15
Associated Press. “Morocco Jails Two Men for Homosexuality.” Al-Akhbar English. 21 May 2013. 14
April 2014. Retrieved from http://english.al-akhbar.com/node/15868.
16
Associated Press.
12
engaged in same sex activity.17 Whether or not these men were put in prison is difficult to
discover, but more often than not, the law is used as a method of control, rather than an
actual punishment for gay people.
The government uses the law as a threat to gay men and women, often conducting
mass arrests, but not prosecuting anyone. For example, in 2004, a group of men were
having a birthday celebration that was cut short when all 43 of them were arrested.18
They were released after 48 hours, likely as a way to avoid international scrutiny, but still
sending a message to homosexuals in Morocco.19 Being arrested for homosexuality in
Morocco could result in having your name publicized, which could subsequently result in
the loss of a job, ostracizing from ones family, and other social ramifications. Whether
they are going to face actual prosecution, or face the consequences that would result from
a mere arrest, gay people in Morocco face many legal barriers in their life, which
provides an incentive to keep their sexuality hidden. The legal consequences of
homosexuality also reinforce the idea that homosexuality is something that should be
punished, which only serves to support the social prejudice.
Religious Prejudice
Much of the legal prejudice against homosexuality in Morocco can be traced back
to the religious condemnation of homosexuality. Like many mainstream religions, the
prevailing Islamic theology is not accepting of gay people. Prejudice against homosexual
people can be traced back to the Quran, where the story of Sodom and Gomorrah is
United States. State Department. Bureau of Democracy, Human Rights and Labor. “Morocco 2013
Human Rights Report.” 2013.
18
Immigration and Refugee Board of Canada, Morocco: The treatment of homosexuals,
including protection offered by the state and the attitude of the population, 5 March 2007. Online. 10 April
2014.
19
Immigration and Refugee Board of Canada.
17
mentioned at least five times.20 All mentions of the story are found in Suras, or chapters,
that contain references to other transgressing people who were punished by Allah, likely
to reinforce the idea of Allah as an all-powerful arbitrator of justice. In one telling of the
story, two angels came down to Sodom and Gomorrah, and Lot took them into his
house.21 The men of the town came up to his house, asking him to bring the angels out.
Rather than offer up the angels of the Lord to these men, Lot offered his daughters, but
the men refused, and demanded the angels, presumably so they could have sex with
them.22 Allah, angry with the sins committed by the townspeople, “rained upon them
stones of layered hard clay,” sparing only Lot and his family, except his wife who was
destined to remain behind.23 In the other stories of Lot in the Quran, there is a more
explicit condemnation of same sex relationships, including the section “Do you approach
males among the worlds / And leave what your Lord has created for you as mates? But
you are a people transgressing.”24 If the story of Lot, and Sodom and Gomorrah is seen as
Allah’s punishment for homosexuality, then the Quran is quite clear in its condemnation
for homosexuality.
However, there are some religious scholars, both Muslim and Christian, who
argue that this is the wrong interpretation for the story of Lot. Imam Muhsin Hendricks, a
gay Imam in South Africa, argues that Allah was punishing the town for “a bunch of
atrocities, including sexual atrocities unrelated to sexual orientation or gender identity.”25
In his view, and the view of other gay Imams, Allah is punishing rape of any kind, not
20
The Holy Quran. Retrieved from quran.com
The Holy Quran, Sura 11:77
22
The Holy Quran, Sura 11:78
23
The Holy Quran, Sura 11:82
24
The Holy Quran, Sura 26:164-5
25
Dibi, Tofik. “Life as a Gay Imam Isn’t as Bad as it Sounds.” Vice. 14 February 2014. 30 March 2014.
Retrieved from http://www.vice.com/read/life-as-a-gay-imam-isnt-as-bad-as-it-sounds
21
consensual homosexual intercourse. Hendricks believes that “God is not homophobic but
the men who interpreted the Qur'an were.”26 Imam Daayiee Abdullah, another gay imam
in the United States, has the same opinion. In his view, Muslims borrowed their
interpretation of the story of Sodom and Gomorrah from the Christians, much like many
of the anti-homosexuality laws in Africa were taken from European colonizers.27 Imam
Abdullah also believes that religion must evolve with the times, and the Quran must be
adapted to fit the needs of current Muslims, many of whom are gay.28 While these parts
of the Quran have routinely been interpreted as saying that homosexuality is a sin, there
is room for different meanings in the story.
There are also several hadiths, or sayings of the Prophet Mohammed, that have
been interpreted as a condemnation of homosexuality. One from the Sahih Bukhari,
largely regarded to be a collection of true hadiths, says, “‘The Prophet cursed the
effeminate men and those women who assume the similitude (manners) of men. He also
said, ‘Turn them out of your houses.’ He turned such-and-such person out.”29 This hadith
is found in a chapter on Punishment, but there is a very similar hadith in a section about
dress. This hadith might not necessarily be punishing homosexual acts, and could merely
be a punishment for anyone who adopts the dress or manners of the opposite sex. If that
were the truth, this would not be an explicit discussion of homosexuality, just of gender
presentation. While this would not be a religious condemnation of homosexual
interactions, it would continue the religiously-based prejudice against transgender people
in the Arab world, and would condemn a certain type of gay person.
26
Dibi
Dibi
28
Abdullah, Daayiee. “Homosexuality and Islam.” Sexuality and Queer Imaginaries In the Middle
East/North Africa. Brown University. 11 April 2013. Conference Presentation.
29
Sahih Bukhari. Book 82: Punishments of Disbelieves at War with Allah and his Apostle. 82:820. Online.
27
There are also hadiths that are contain explicit punishments for homosexuality,
which are found in the Abu-Dawud book of hadiths. In Book 33, on Punishment, there is
a hadith that says “if you find anyone doing as Lot's people did, kill the one who does it,
and the one to whom it is done.”30 It is hadiths like this that likely prompted many
countries to punish homosexuality with the death penalty. These hadiths, generally seen
as sound, or authentic, have prompted religiously motivated prejudice around
homosexuality, as well as a deep societal prejudice that people are taught from their early
days when they attend services or religious school.
Exclusion from Human Rights Groups
Morocco’s most influential watchdog on human rights issues is the National
Human Rights Council. The council deals with specific complaints from individuals, but
the majority of their time is spent writing reports outlining human rights issues and
making recommendations to Parliament and the King. Sometimes these reports contain
policy recommendations, and sometimes the council intervenes directly on the behalf of
citizens. Complaints are not always necessary for the Council to write a report, as most
reports are written depending on what human rights issues the Council thinks are most
important.31 For example, while there were not many complaints directly to the council
about migrants’ rights, the Council proceeded with a report, because they noticed there
was an increase in migrants to Morocco, and believed that the government needed
strategies to deal with this impending human rights issue.32
Through their work, the National Human Rights Council has the power to
influence the government. A report they wrote about civilians being tried in military court
30
Abu Dawud. Book 33: Prescribed Punishments. 33:4447. Online.
National Human Rights Council. Personal Interview. 21 April 2014.
32
National Human Rights Council, Personal Interview.
31
prompted Parliament to pass a law preventing this practice.33 The recommendations the
council made in the report about migrants prompted King Mohammed VI to announce
that new laws and agencies would be created to assist documented and undocumented
migrants to Morocco.34
This concern and the proactive nature of the council does not extend to gay
citizens of Morocco. A representative from the National Human Rights Council said that
if gay people in Morocco suffer a violation of their human rights, they are welcome to
make a complaint like any other citizen, and their complaint will not be treated
differently because of their sexuality.35 People are welcome to make anonymous
complaints, though the representative did say that it would be unlikely that an anonymous
complaint would be taken as seriously as a complaint with a person’s real name attached,
because there would be no way to verify that an anonymous complaint had truly
occurred.36 This need for proof, and verification of identity, likely prevents gay people
from filing a complaint. The way the current system is set up, a gay person cannot make a
valid claim without attaching their name and providing proof of discrimination, but there
is no way for people to provide proof without outing themselves, and potentially creating
more trouble when the admit to activities that are currently illegal.
When asked about gay people who had been put in prison because of their
sexuality, the representative from the council said that she was not aware of anyone in
Morocco who was in prison due to their homosexuality, or homosexual acts.37 According
to several international news sources, this is not the case. There are several people who
33
National Human Rights Council, Personal Interview.
National Human Rights Council, Personal Interview.
35
National Human Rights Council, Personal Interview.
36
National Human Rights Council, Personal Interview.
37
National Human Rights Council, Personal Interview.
34
have been arrested due to homosexual acts. Recently, there were two men jailed for four
months in 2013 after police found them “together in a car.”38 In addition, the
representative from the National Human Rights Council was not aware of recent court
cases where gay people had been on trial due to their sexuality.39 When I mentioned one
court case that had taken place in 2012, she did assured me there was no one in prison
due to their homosexuality, and she did not seem to know about any of the court cases to
which I was referring.40
The National Human Rights Council has not yet written a report on gay rights in
Morocco, despite their assertions that their activism can change laws. A change in
Morocco’s sodomy laws would allow gay people to come out from the shadows and
begin their own, open advocacy for their rights, or make human rights complaints without
fear of being exposed and going to jail. The Council has had success in the past with
changing laws, or creating new agencies, and could have the power to influence
Parliament and make this change. When directly asked why the Council has done nothing
to promote the rights of gay people, the representative for the Council said that there are
many problems that Morocco is facing and gay rights are “not really an important issue”
for the Council at this time.41 This lack of interest on advocating for gay rights is a direct
contradiction with one of the stated goals of the National Human Rights Council, which
is to bring the laws of Morocco more in line with international law.42 Eliminating Article
Associated Foreign Press. “Lawyer: Two Moroccans Jailed for Homosexuality.” Al-Arabiya. 21 May
2013. 14 April 2014. Retrieved from http://english.alarabiya.net/en/News/middle-east/2013/05/21/LawyerTwo-Moroccans-jailed-for-homosexuality-.html
39
National Human Rights Council, Personal Interview.
40
National Human Rights Council, Personal Interview.
41
National Human Rights Council, Personal Interview.
42
National Human Rights Council, Personal Interview.
38
489 would help to bring Morocco’s laws more in line with international human rights
norms, and ensure human rights for all citizens of the country.
Challenges to Gay Organization in Morocco and Around the World
This entrenched legal and social prejudice is enough to prevent gay people from
being open about their sexuality, but it also presents immense challenges to gay
organization. Author Douglas Sanders outlines some other reasons why gay organizations
do not develop in the countries that need them most. Many of these barriers are present in
Morocco. One challenge to gay organization is that unlike other minorities, gay people
are rarely concentrated in one area.43 While migrants, racial minorities and religious
groups will generally congregate in a single geographic area in cities and towns, it is not
always possible for gay people to find other people like them. In addition, gay people
represent a smaller population, and have less power to create a neighborhood or
community that is specific for them. This is the case in Morocco. While there are streets
that gay prostitutes are known to frequent, there is no clear area, or known neighborhood,
for gay people to meet and create a community. Migrants from sub-Saharan Africa, on
the other hand, have several neighborhoods and churches where they have their own,
separate community.
Another challenge to gay organization is that in countries with strict anti-gay
laws, there are no clear gay meeting places, or affiliated organizations that could provide
“institutional leadership.”44 Religious minorities can congregate in places of worship, and
other marginalized groups can meet without fear of arrest, as fundamental aspects of their
identity are not usually illegal. However, in Morocco, legally, there cannot be a gay
Sanders, Douglas. “Getting Lesbian and Gay Issues on the International Human Rights Agenda.” Human
Rights Quarterly. 18.1 (1996) 67-106. 68.
44
Sanders, 69.
43
meeting place, because there cannot legally be gay people. Gay people in Morocco
mostly find each other online, through chat rooms or apps like Grindr, or in gay-friendly
bars. However, these spaces are controlled, and not fit for open social interaction the way
a church is. On Grindr, for example, many gay men do not post pictures of their faces,
and discretion is emphasized on every profile.
At one gay-friendly bar in Casablanca, gay men and women are somewhat free to
dance and express affection. However, even in a space populated mostly by gay men
there are no overt public kissing, or more intimate displays. The bar, while predominately
inhabited by gay men, does cater to a mix of orientations. As a young woman in the bar, I
learned quickly that it was unwise to assume that all the men in the bar were gay. All the
men in the bar would dance with women, though obviously, straight men approached it
with more interest, and occasionally, more aggression. Interestingly, gay men in
Casablanca provided the same assistance gay men in America will provide on dance
floors. They would intervene when I was approached by aggressive men, and ensured
that young women felt safe in the bar. The men we met there mentioned they came to the
bar often, and it appeared to be the only gay-friendly bar in the city of Casablanca, and
potentially, the entire middle area of Morocco.
Because this is the only gay bar in the city, and it is fairly well known, police will
occasionally pass by it, and other gay-friendly bars to try to intimidate the men and
women who frequent them.45 On weeks when the cops come by the bar, it is enough to
scare off Moroccan gay men from going to the bar.46 While there are the few spaces gay
people have to express themselves and meet, there is fear of exposure and the
45
46
Zaganiaris, Jean. Personal Interview. 7 April 2014.
Zaganiaris, Personal Interview.
consequences that would come with a person’s sexuality being made public that is
enough to prevent many gay people from using these spaces.
Another challenge to gay organization, according to Sanders, is that gay men and
women must pass as heterosexual in every aspect of their lives.47 To participate in an
organization that would advocate gay rights would likely out them to their family, friends
and workplace. In a country where being gay can be punished by familial rejection, loss
of a job, and even prison time, being part of a gay organization is incredibly risky. The
gay organizations that do exist in Morocco keep their members lists private. Some of the
organizations are so private and underground that even gay people not involved in
activism do not know about them. To go searching for gay rights groups could put
someone at risk of exposing their sexuality, which would only result negative
consequences.
Unlike advocates for other minorities, straight advocates for gay rights are subject
to prejudice and questions around their sexuality.48 Straight people run the risk of having
their sexuality questioned in a country that is already hostile to gay people. This prevents
many straight activists and NGOs run by straight people from advocating for gay rights.
This, among other things, helps to explain the dearth of NGOs focusing on gay rights in
Morocco. While there are straight people in Morocco who will speak out in support of
gay rights, some of this work is performed by foreigners and therefore, discredited as
being outside influence. Other NGOs who will work on gay rights are involved in
incredibly progressive causes and are focusing on many different issues, and cannot
devote a substantial amount of time to promoting gay rights.
47
48
Sanders, 69
Sanders, 69
A final challenge to gay organization is that “well-placed lesbian and gay
individuals, who could counter negative stereotypes, generally do not disclose their
sexual orientation.”49 This final point is especially critical, as perceptions about gay
people are more effectively changed when there are positive gay role models in the
government, the media, and in society at large. But in Morocco, there are very few
people, prominent or otherwise, who are out in the public sphere.
There are two prominent Moroccan men who are out publicly, and use their
positions to advocate for a change in society and the laws criminalizing homosexuality.
Abdellah Taïa, a writer, has written several books addressing what it was like for him to
grow up gay in Morocco. He uses his literature and his influence to call for more
visibility and attention to homosexuals in the Arab world.50 He speaks openly about the
hidden homosexuality in Morocco and the daily struggle for thousands of people trying to
conceal and accept their homosexuality. As the first out gay Moroccan, Abdellah Taïa is
incredibly courageous and has likely given comfort to many young people across
Morocco. However, it is slightly easier for Taïa to be open about his sexuality because he
makes his home in France. While he often returns to Morocco to visit, he finds it difficult
to create a permanent home in Morocco.51
Childhood, however, was not easy for Taïa. Growing up in a poor neighborhood
of Salé, he was preyed on by older men who decided he had to be “the little girl” in
sexual encounters.52 This likely meant that Taïa was the one who was penetrated, as
49
Sanders, 69
Taïa, Abdellah. Translated by E. Gauvin. “A Boy to Be Sacrificed.” The New York Times. 24 March
2012.
51
Alami A. “Muslim, Gay and Making No Apologies.” The New York Times. 11 April 2014.
52
Dehghan, Saeed Kamali. “Abdellah Taïa: 'In Arab countries, homosexuality is a crime. This has to
change.’” The Guardian. 3 October 2014. 4 February 2015. Retrieved from http://www.theguardian.com
/film/2014/oct/03/abdellah-taia-salvation-army-interview-armee-du-salut-homosexuality-morocco
50
Moroccan society, as well as many Arab cultures, make a distinction between gay men
who are penetrated, and those who do the penetrating.53 For many governments
prosecuting homosexuality, only those who are penetrated, or those taking the role of the
woman, are punished with jail time.54 Taïa, like many other gay men who transgress
gender norms, or take on more feminine roles in sex and relationships, faced an immense
amount of abuse in his home country, and was not defended by his family or the
neighborhood.55 In his childhood, Taïa faced, poverty, rape, and exploitation, without
anyone coming to his aid. This prejudice was based both on the fact that he was gay, and
on the belief that Taïa was the one who was penetrated. These experiences and this
isolation was part of the reason he ultimately moved to France, though his past stays with
him, and is often included in his writing.
Recently, Taïa wrote and directed a movie based on his autobiographical novel,
The Salvation Army. The film honestly portrays a hidden aspect of homosexuality in
Morocco, as viewers follow the main character as he is assaulted in his poor hometown,
preyed on by men across his country, and finally spurned by a man who helped him
obtain a visa and a scholarship that would help him study in Switzerland. The assault
Taïa faced at the hands of older men is something that gay organizations do not often
discuss, and the personal lense of this film allowed Taïa to explore some of the horrific
acts he experienced. However, this film gives voice to another aspect of Taïa’s struggle.
While Morocco is shown to be a hostile and unfriendly place for gay people, the
Azzi, Georges. “Gender and Sexuality in the Middle East.” Sexuality and Queer Imaginaries In the
Middle East/North Africa. Brown University. 11 April 2013. Conference Presentation.
54
Azzi. This paper does not explore the distinction between gay men who are penetrated and gay men who
are not, as this seems like a constraint created by the straight majority, and has little relevance to the actual
practice of gay sexuality. Just as there are many different ways to have sex for straight people, there are
many different ways gay men have sex, and to relegate them to just one position, I feel is uniformed and
ignorant view of gay male sexuality.
55
Dehghan.
53
character appears visibly homesick at the end of the film, a feeling that Taïa likely
confronted when he moved to France. While the movie received a fairly widespread
release in France, and recently was shown at Lincoln Center, it has not yet had any
showings in Morocco, though it was filmed there, robbing Moroccans of the opportunity
to see the story of a gay person in their own country. More exposure to the idea of
homosexuality may encourage some Moroccans to begin to work to make their society
more accepting of gay people, so that men and women like Taïa could return home.
Samir Bargachi, the head of Kifkif (which means “the same” in Moroccan
Arabic), Morocco’s one gay organization, is also an openly gay Moroccan. His NGO
works to create a safe space for gay people in Morocco, and eliminate legal prohibitions
on homosexuality. At only twenty-five, he advocates for changes in Morocco’s laws and
more education around homosexuality to combat the legal and societal discrimination
that gay people face on a daily basis.56 Like Taïa, Bargachi lives outside of Morocco in
Spain, and while he says he would be comfortable living in Morocco at any time, he
continues to make his home in Spain.57 This point is not to minimize the contributions of
these men. Both have done something incredibly difficult, and necessary, to lay the
foundation for the gay movement in Morocco. Bargachi himself cites Taïa as an example
to him, as Taïa was someone who showed him that it was possible to be both Moroccan
and gay.58 It would not be surprising if Bargachi himself currently serves as a role model
to young gay men in Morocco and is inspiring future generations of activists.
56
Bargachi, Samir. Personal Interview. Skype. 5 April 2014.
Ziraoui, Y. “Les homos ne vivent plus dans la peur.” TelQuel. 2010. 13 April 2014. Retrieved from
http://m.telquel-online.com/archives/432/interrogatoire_432.shtml.
58
Ziraoui
57
While there are likely more openly gay Moroccans, there are not enough to begin
to change the public’s perception of gay people. The vast majority of Moroccans are
likely not aware that they know gay people, and can choose to ignore the small handful
openly gay people who do not even live in Morocco. This creates a self-fulfilling
prophecy, where people argue that homosexuality is a Western invention, because there
are no visible gay Moroccans. Since there are few public examples to follow, gay
Moroccans likely grow up feeling alone, while straight Moroccans can continue to think
that homosexuality does not exist in their country.
Despite the limited number of openly gay people in Morocco and the legal,
religious and societal prejudice against gay people there are a small group of activists and
organizations working to advance gay rights in Morocco. There are also a number of
individuals in Morocco who are gay and living their lives with varying degrees of
openness. This paper relies heavily on research conducted on gay rights organizations in
Morocco, and compares that research with the opinions, goals, and fears of gay people in
Morocco who are not involved in human rights organizations.
Method
Much of my conclusions draw from an exploratory, descriptive study on the
challenges and goals of gay organizations, and the experiences of gay men and lesbian
women in Rabat, Morocco. Throughout my time in Morocco, I interviewed seven gay
men and one lesbian woman. To maintain confidentiality, when requested, I have
substituted the names of participants with letters. These letters do not correspond with the
letter of participants first or last name, and in many cases, I did not know participants
names, as I conducted several interviews over social media. I obtained consent from all
participants and interview subjects. When meeting face-to-face, I obtained consent
through consent forms, though there were many subjects who I met face-to-face who
declined to sign consent forms, and preferred to give only verbal consent (see Appendix
D for Consent Form). I obtained verbal and online consent when people either did not
want to sign, or could not sign, due to the manner in which the interview was conducted.
Three of these people interviewed were involved in gay organizations (see Appendix A
for interview questions). Five interview subjects were gay people not involved in gay
activism in Morocco (see Appendix B for interview questions). I interviewed two straight
academics, Professor Jean Zaganiaris and Driss Ksikes, to understand what activism is
taking place outside of the gay community (see Appendix C for interview questions). I
also interviewed a representative from the National Human Rights Council, who wished
to remain anonymous.
My first interview was with Samir Bargachi, the president of Kifkif, over Skype.
During our conversation, he gave me the name of other, more covert gay organization in
Morocco that I had not yet discovered in my research. I spoke with two people who wrote
for Aswat, Morocco’s online gay magazine. Both organizations were incredibly generous
with their time, and brave for allowing me to speak with them, and giving me permission
to use their real first and last names. While Samir, Ishaq, and Laila gave me tips to find
gay people not involved in organization, it was challenging for me to find people not
involved in activism that were willing to be interviewed.
To find these people, I resorted to the budding online community of gay
Moroccans. I found people who were active on Aswat’s Facebook page, and sent
messages to three people who were from Morocco, and had left positive comments on the
updates posted by Aswat. In these messages, I identified myself as a female American
researcher, who was interested in the gay movement in Morocco. This approach had the
bonus of anonymity since most of the men were not using their real names on Facebook,
a common practice for all Moroccans. In addition, due to the privacy settings on their
profiles, there was no way I could have personal information about them unless they
volunteered it, because Facebook hides information about someone unless you are friends
with them. They could also look at my profile, to see that I was not misrepresenting
myself.
This approach had the drawback of people misrepresenting themselves, as I had
no way to verify that these men were indeed men, or Moroccans. I have to believe that
the legal consequences are too great for someone to pretend to be gay and talk about the
gay movement with someone they do not personally know. In addition, given that the
interview I conducted was in Arabic, I have to assume that the man I spoke with was
Moroccan. Even with the anonymity of Facebook, I was only able to conduct a full
interview with one person.
When Facebook failed to yield a large amount of interviews, I turned to the gay
social networking and dating app, Grindr. Grindr is even more anonymous than
Facebook, used almost exclusively by gay men. This is because it is primarily used to
find people to have sex with. People do not have to use their real names, or pictures of
their faces, and because the app is location based, I knew that all the men I would speak
to would be from Morocco. To prevent any ethical dilemmas, I presented myself from the
start of any conversation as an American female student doing research, and not
interested in sex or dating. Much like Facebook, I sent messages to fourteen men on
Grindr, but this did not yield fourteen interviews. I was able to obtain consent and
conduct full interviews with three men, but the eleven other people I contacted either
never responded, or only answered a few of my questions before discontinuing the
conversation or giving consent to be quoted.
All interviews were conducted in Arabic, Spanish, French and English. I am
fluent in conversational Spanish, and was able to ask and understand clarifying questions
when I spoke to Samir Bargachi, and as a result, some of the information I obtained from
the interview is paraphrased. However, my Arabic is not as strong, and for that reason, I
have only chosen quotes from Arabic interviews when I was completely sure that I am
correct in my translations, either because I used translation software or Arabic
dictionaries, or because I was able to ask a number of clarifying questions. For the one
interview conducted in French, I relied on translation software, and fellow American
students in my study abroad program who are fluent in French, but as a result, I do not
often quote from French interviews. I am confident that I am not misrepresenting the
ideas and opinions presented in these interviews, though I cannot speak to the accuracy of
my translation. When possible, I have avoided direct quotes to prevent discrepancies in
translations.
Opinions of Moroccan Gay Rights Organizations
The multi-faceted activism for gay rights is taking place in three different spheres.
Gay activists, straight academics who use gay themes or study gay history and culture in
their work, and gay people trying to live their lives as honestly as possible, are all
working to make Morocco a safer place for gay people. However the visions of the future
these groups have are not always compatible. Academics who are studying gay life and
history in Morocco are more inclined to step out of any activism, preferring to create their
academic work and allow it to be used by the various gay organizations. Therefore, no
academics that I spoke with had opinions, or wanted to share their opinions, on what the
goals of the gay movement should be. However, almost unilaterally, gay rights groups
and gay people believe that eliminating Article 489 is the top priority for the gay
movement in Morocco. The biggest difference between those involved in the gay
movement and those who did not participate in activism was their optimism about the
possibility of these legal changes actually occurring in the future.
Despite the legal and societal prejudice against gay people, there are two gay
organizations working in and outside of Morocco. Kifkif is an organization started in
2004 that works to improve the lives of gay people in Morocco. Despite being based in
Spain, Kifkif is staffed by Moroccans, though many live in Spain. The organization
works to provide a safe space for gay Moroccans and hopes to facilitate interaction
between people of different sexual orientations in Morocco. Kifkif aims to create a place
for gay Moroccans to have psychological and emotional support. Through this, they also
want to gain “social influence,” and with that, work to change the perceptions of gay
people in Morocco.59 The organization has no established framework in Morocco. The
group does most of its activism online, though they do hold press conferences and
temporary events in Morocco. Many people in Morocco know that this NGO exists,
though not all know it by name. However, a large group of people did discuss a gay
rights NGO in Spain. Many of the gay people I spoke with did not know much about
“About Kifkif.” Kifkif. Kifkif.info. 18 April 2014. Retrieved from http://www.kifkif.info/p/sobrekifkif.html.
59
what Kifkif was doing within Morocco, and only discussed the online activism done by
the NGO, as that is the most visible activism done by Kifkif.
Samir Bargachi, the president of Kifkif said his main goal for the gay movement
in Morocco is to eliminate Article 489, the article that criminalizes homosexuality in
Morocco’s penal code. However, he acknowledges that there is only so much that his
organization can do to advocate for this, as the type of activism Kifkif does is still illegal
in Morocco. While the main goal of the movement is to eliminate the legal restrictions on
homosexuality, this can only be achieved when gay people have the ability to speak out.
Bargachi believes that education about homosexuality is the best way to normalize
homosexuality and give gay people in Morocco the ability to speak out and advocate for
themselves.60 In his view, education around homosexuality would pave the way for
lasting political change.
However, Bargachi acknowledges that this education will not be easy. He even
believes that political change will be easier to achieve, as a change in laws will bring
them more in line with the rest of the world, while social and religious discrimination has
been entrenched for many years, and will be much harder to overcome.61 Pressure from
the international community might encourage Morocco to change its laws, even if people
in society, or the majority of people in the government do not personally see the need for
a change. Due the perceived difficulty of achieving widespread social change, it is
fortunate that Bargachi thinks that political change can happen without social change.
Bargachi pointed to the recent changes in women’s rights and advances for women as
evidence that political and legal changes can happen even if the majority of society does
60
61
Bargachi, Personal Interview.
Bargachi, Personal Interview
not think anything should be done.62 He also acknowledged that while there are few gay
organizations, the few that do exist can work together, and could potentially work with
other NGOs fighting for human rights, to achieve the political change they need.63 While
Kifkif knows that the road to lasting political and social change is a long one, the general
tone of the organization is a hopeful one, and Bargachi believes that change is possible in
Morocco.
The other gay organization in Morocco is an online magazine called Aswat,
which is the Arabic word for “voices.” This magazine discusses gay civilization and gay
culture. It was started in 2012, after the founders noticed a distinct lack of media about
gay life in the Arab world, written in Arabic. Most of the information they found about
homosexuality was very medical, and they felt that more information was needed about
the everyday struggles and triumphs of gay men and women in the Arab world.64 The
magazine is created by a group of volunteers from Morocco, and the magazine’s staff is
all Moroccan. However, the accept submissions from people around the Arab world,
though the majority of their writers are based in Morocco. It is distributed online, both to
keep costs low, and to avoid government censorship or societal backlash.65
Recently, Aswat, which just celebrated its third year as a publication, has become
more visible. The magazine and its president, Marwan Ben Said, have begun to produce
short documentary films as part of a new series called “Kaynin,” which according to the
creator of the series, means “Existing.”66 Marwan Ben Said, the founder of both Aswat
62
Bargachi, Personal Interview
Bargachi, Personal Interview
64
Ishaq, Personal Interview, 14 April 2014.
65
Ishaq, Personal Interview
66
Ghrib, Loubna. “Groundbreaking Video series Breaks LGBTI Silence in Morocco.” International Gay
and Lesbian Human Rights Commission. 25 November 2014. 10 April 2015. Retrieved from
http://iglhrc.org/content/groundbreaking-video-series-breaks-lgbti-silence-morocco
63
Magazine, and the activist arm of the magazine, the Aswat LBGTI Association, said the
series aims to create a dialogue around gender and sexuality issues in Morocco.67 So far,
the series has followed two men, Hamza and Hussam, as they discuss their lives as gay
men in Morocco, in videos that have over 291,000 views.68 Both men interviewed have
stories of verbal and physical violence at school and at home. They stress that they can be
beaten or attacked if people do not like the way they walk. Hamza stated that one of the
hardest aspects of being a gay Moroccan was that he had to deal with violence from his
family, which was psychologically damaging.69 Hussam, on the other hand, addressed the
issue of police violence in Morocco, and told a story about an incident he had with the
police in Marrakech.70 He was arrested on the street, and forced into signing papers he
believed were release papers.71 Hussam only learned he was being accused of prostitution
when he went to court, was found guilty, and served three months in prison, even though
he had not been practicing prostitution, and was just walking in the street like everyone
else.72
These films show a personal look at the struggles for gay people in Morocco, with
both men going into detail about the violations of their rights that occurred because of
their sexual orientation. Film is a powerful medium to portray these stories with, as
viewers are able to hear the men’s voices, see how they move, and gain a glimpse into
67
Ghrib.
"‫ةزمح‬، ‫ "يبوفوموه عمتجم طسو ةيامح نودب يلثم‬Kaynin. Prod. Marwan Bensaid. YouTube. 12 October
2014. 13 March 2015. Retrieved from
https://www.youtube.com/watch?v=USEjXul_0Qk&list=PLfKUEodpjpiNqGA_teDFxnboi4c021AuQ&ind
ex=2
69
"‫ةزمح‬، ‫هوموف وب ي" عمتجم طسو ةيامح نودب يلثم‬
70
"‫ماسح يلثملا‬، ‫ "ةميرج كتيشمو كهجو حمالم حبصت امدنع‬Kaynin. Prod. Marwan Bensaid. 11 January
2015. 13 March 2015. Retrieved from https://www.youtube.com/watch?v=EzouprnQlY&index=1&list=PLfKUEodpjpiNqGA_teDFxnboi4c021AuQ
71
"‫ماسح يلثملا‬، ‫ص بح مالمح وجهك وم ش ي تك جري مة"ت امدنع‬
72
"‫ماسح يلثملا‬، ‫"ةميرج كتيشمو كهجو حمالم حبصت امدنع‬
68
their lives, even if the men never show their faces. This is just one of the many
courageous actions Aswat is organizing to increase the visibility of gay people in
Morocco and hopefully bring about a change in the country.
Even more recently, Aswat created a new Facebook page, called Collectif Aswat,
which appears to be a political arm of the magazine. According the page, Collectif Aswat
is a non-profit organization to fight against discrimination based on gender and sexuality
in Morocco.73 The current campaign “Love is not a Crime” has brought together photos
from cities across Morocco, and from countries around the world. The photos display a
range of people, all holding up signs in a diverse array of languages, that assert that love
is not a crime.74 These posts are referring to Article 489, and could be the beginning of
the public activism against this law. Aswat continues to evolve as an organization, and
appears to be the most influential voice in the fight against discrimination.
Both Aswat and Kifkif believe there is a gay movement in Morocco, and both
organizations articulated the same goals. Ishaq, a representative of Aswat who is
identified only by his first name, said that the main goal for the gay movement in
Morocco was to repeal Article 489, and change society’s perception of gay people. He
also acknowledged that societal change would come after political change, which is why
his main goal for the movement is changing the laws. Like Samir Bargachi, Ishaq was
hopeful about the change that will come in Morocco, but he admitted that change is far
off. However, he holds an idealistic view for the future of Morocco, and also believes that
change is possible.
“Collectif Aswat.” Collectif Aswat Facebook Page. Aswat Magazine. 2015. 27 April 2015. Retrieved
from https://www.facebook.com/Collectif.Aswat.
74
“Collectif Aswat.”
73
Another writer for Aswat, Laila, spoke about the need to educate people about
stereotypes and raise awareness about homosexuality. Though this was important to her,
she too believed the first priority of the gay movement should be to change the law
criminalizing homosexuality.75 She also spoke about the necessity of an article in the
Constitution that criminalizes discrimination on the basis of sexual orientation.76 Without
this provision, even if Article 489 is repealed, gay people will still live in fear, as they
could potentially be fired from their jobs if someone learns of their homosexuality. In the
past, however, the repeal of criminal prohibitions on sexual activity often pave the way
for the creation of anti-discrimination laws, so it is possible that anti-discrimination
provisions would be on the horizon after Article 489 is repealed.77 With the elimination
of Article 489, there would still be many other issues that gay people would face, but they
would no longer have the threat of prison hanging over their heads. The repeal of Article
489 would also make it much easier for groups like Aswat and Kifkif to advocate for
other gay rights, as their activism would no longer be illegal, and they could focus on
other goals for the gay movement, like eliminating social prejudice, and creating antidiscrimination laws.
Interestingly, both representatives said that their organizations have not had
problems with the government. Kifkif is not technically based in Morocco, as their
headquarters is in Spain, and therefore cannot be touched by the Moroccan government.78
While they have done work in Morocco, they are very careful not to upset the
government, or have the government notice them, so that they can continue to do what
75
Laila. Personal Interview, 20 April 2014.
Laila, Personal Interview.
77
Sanders, 68.
78
Bargachi, Personal Interview.
76
work they can in Morocco. Aswat believes the government has not given them trouble
because the magazine is published entirely online, and cannot be traced back to a location
or specific people. While there have been laws that have tried to regulate or censor the
Internet, none have passed, to the benefit of Aswat. “There is freedom on the Internet,”
especially for gay people.79 Through their locations, whether outside of Morocco, or on
the unregulated Internet, these organizations are able to continue to advocate for change
in Morocco even though their existence is technically illegal. For this reason, all events
held by Kifkif and Aswat are not publicized, and pictures on Aswat’s Facebook page do
not show people’s faces. As a result, the people behind the most visible gay organizations
in Morocco often remain invisible.
Academics
While gay organizations have clearly articulated views for the future in Morocco
academics studying homosexuality in Morocco are less likely to articulate changes they
would like to see, and more inclined to stay out of real activism.
Jean Zaganiaris is a French writer and sociologist who published a book about
queer themes in Moroccan literature in 2014. For the book, Zaganiaris looked at literature
from across Moroccan history to show that homosexuality was not something that was
brought from the West, but has always been present in the culture.80 While he is adamant
that he would like to see change in Morocco, and personally thinks that gay people
deserve to be treated like equal citizens, he declined to make suggestions for changes in
the law or future activism. Professor Zaganiaris was careful to not be seen as a neocolonialist, and made it clear that he was not going to tell the government what they
79
80
Ishaq, Personal Interview.
Zaganiaris, Personal Interview.
should do, nor would he make any suggestions to gay organizations. He is interested in
queer issues from an academic standpoint, and while he does not mind if other
organizations use his work for advocacy, he does not participate in his own activism,
beyond attending marches, those these are often in his native country of Paris.81 He
believes this is the reason he has not had any trouble from the government about of his
work.
Professor Zaganiaris did not feel comfortable offering an opinion on the future of
the gay rights movement, but he mentioned that he would like to see changes in the way
health issues are addressed. For example, gay transmission of AIDS is not discussed in
Morocco by NGOs dealing with AIDS, or by the government.82 This leads to the absence
of a national education program dealing with AIDS, which could potentially put gay men
at risk for contracting this deadly disease, which is common across genders and
sexualities in Africa.
It is interesting that Professor Zaganiaris’s only recommendation was about
AIDS. While AIDS is a threat all over the world, and in some countries, does
disproportionately affect gay men, this was not a concern that any of the activists I spoke
with discussed at all, nor was it a concern expressed by any of the gay people I
interviewed. This could be due to the vastly different goals and motivations of academics
and activists, but I believe this difference in concern around AIDS is due to the respective
ages of the groups. Most of the gay people I spoke with were in their twenties and
thirties, and the vast majority had grown up in a world where the transmission and
treatment with AIDS was understood, and people can live with the virus. Zaganiaris, on
81
82
Zaganiaris, Personal Interview
Zaganiaris, Personal Interview
the other hand, is old enough to remember the panic and death sentence that came with an
AIDS diagnosis, and likely more vividly remembers a time when AIDS was branded as a
“gay disease” and killed off gay men in large numbers. However, today, there is
information about AIDS prevention available on the Internet, and for young activists,
government dissemination of information about AIDS is not a priority. While ensuring
quality access to healthcare is likely very important for gay people in Morocco, it is not
something that anyone mentioned as the most important issue facing the gay community.
The only gay person who mentioned AIDS discussed it in terms of the
government’s hypocrisy. According to him, when the government discusses AIDS
statistics, they include the number of men who are infected by other men. This shows that
the government knows that gay people exist in Morocco, and they also know that gay
men are passing AIDS to each other.83 Despite this knowledge of the gay community, the
government refuses to do anything to stop the transmission of AIDS, or work for rights
for the gay community in any other sphere. In the view of this interview subject, if the
government knows that there are gay people, they should work to protect their rights.
However, he did not speak as much about the need for gay-specific AIDS information, as
he said he knew of several gay-friendly AIDS clinics he could go to for information and
protection against AIDS.84 Finally, in Morocco and across Africa, AIDS is not, and has
never been seen as a gay disease, as there have been instances of heterosexual
transmission of the virus since it was discovered. There is discussion across the continent
about the need for AIDS education and protection, so it is likely that all Moroccans have
been exposed to this in their lives.
83
84
F. Personal Interview, Grindr. 22 April 2014.
F. Personal Interview
Another academic I spoke to was Driss Ksikes, who’s recent play “Don’t Bury
Big Brother” contained gay themes, including the discussion of a secret relationship
between two men. He viewed his art the same way Professor Zaganiaris viewed his
scholarship, in that he did not see himself or his work as contributing to activism. In
itself, the play was not a call for gay rights, and was not written to change society. Rather
in Mr. Ksikes’ view, this play, and all art, serves to change the perception of certain
individuals, and makes people question their previously held beliefs.85 Theatre, as a
communal experience, serves to start a conversation about something that may not have
been discussed without it. For Mr. Ksikes, change for gay people may be far off, but by
putting the issues and the idea of homosexuality out in the public sphere, people’s minds
can begin to change.86 While Ksikes is not participating in gay activism, he is providing a
crucial service in giving more visibility to gay people and gay issues in Morocco.
Academics are working to give gay people legitimacy by showing that
homosexuality is not something imported by the West. Activists are working to create
communities and spaces where gay people in Morocco can be open about their lives, and
advocate for gay rights. Both groups are contributing to slow improvements in gay life in
Morocco, though it is not clear if ordinary people notice any of this activism, or if gay
people in Morocco are invested in the movement for gay rights.
Gay Moroccans Not Involved in the Movement
On the whole, the activism of gay rights group is not perceived by ordinary gay
people not involved in activism. The five gay people I interviewed did not believe that
there is any gay movement in Morocco. These five, who do not work for one of these
85
86
Ksikes, Driss. Personal Interview, 11 April 2014.
Ksikes, Personal Interview
organizations, do not feel the contributions of these organizations nor do not think that
there is any gay movement. No one I spoke with knew about Aswat, and while people
knew about the idea of Kifkif, or knew about a gay rights organization in Spain, no one
knew the organization by name. However, even though the gay people interviewed did
not believe that there was a gay movement, they acknowledged the need for more gay
rights in Morocco, starting with the elimination of Article 489.
When asked about the one thing they would like to change with regards to gay
rights in Morocco, three out of five participants immediately mentioned this law in one
form or another. Whether they cited the law by name, or wanted to remove punishments
for “discreet and private homosexual acts,” gay people in Morocco saw this law as the
most pressing issue in their lives.87 One man was quick to point out that the repeal of this
law would not prompt him to change anything about his public behavior. He made it clear
that he would continue to keep his relationships fairly private, but the elimination of this
law would allow him to live his life with less fear.88 To him, and several other men I
spoke with, sex is something that is private, only between the people participating in it.
Sex is not something the government should be involved in, and no country should have a
law like Article 489.89 When discussing Article 489, several men interviewed pointed to
international law as a reason for the law’s repeal, mentioning that this type of law was not
in line with international laws, and for that reason alone, it should be repealed. They
voiced the same idea that Samir discussed, that political change is necessary to bring
Morocco more in line with laws around the world.
87
D. Personal Interview, Grindr, 21 April 2014.
E. Personal Interview, 23 April 2014.
89
E. Personal Interview
88
There were two people who, when asked about what changes they would like to
see in Moroccan society, did not immediately mention the repeal of this article. Instead,
they focused on the struggles they faced in society, and the changes that they would like
to see made in their everyday life. One man I spoke with said that if he could change
anything, he would not change the law, but change society’s perception of gay people.90
Another man mentioned that he just wished he had the right to openly say he was gay.91
Even the people who did cite the need to change the law also mentioned that their biggest
challenges were not being able to talk to their family about their homosexuality. This
could be traced back to Article 489, because currently, an admission of homosexuality, or
homosexual acts carries with it the possibility for jail time.
However, as one man admitted that even if Article 489 was repealed, it would not
make it easier for him to tell his parents, or other people he knew, about his sexuality.
Even if legal barriers were eliminated, many Moroccans would still have the same
prejudices against homosexuality.92 Even without the law, people would still have
conservative families, and would still worry about discussing homosexuality with them.
For this particular man, the topic of marriage comes up a often in his family. He
mentioned that he wished he could tell them he did not ever want to marry a woman. But
he cannot, without giving a reason, and potentially exposing himself, so when they ask,
he “just keep[s] saying ‘In sha Allah’” (if God wills it), but he said did not know how
much longer this strategy would work.93 Many of the people I spoke to were open about
their sexuality with their friends, but those who had not told parents cited that as a major
90
B. Personal Interview, Facebook. 10 April 2014.
C. Personal Interview, Grindr. 21 April 2014.
92
E. Personal Interview
93
E. Personal Interview
91
problem in their lives. Though most people believe that repealing the law is the most
important priority, everyone I spoke with was just as concerned about the societal
prejudice against gay people.
However, this prejudice cannot be combated without education and activism, and
people I interviewed were not comfortable participating in activism until the law against
homosexuality is repealed. To participate in activism for gay rights now means admitting
that you are breaking law, and risking your job, relationships with family and friends, and
potentially even your life. There are several different beliefs held by the men I
interviewed as to how the beginning, and still illegal, activism for gay rights will play
out.
Some people think that this early activism will only be able to be carried out by
gay rights NGOs based outside of Morocco but run by Moroccans, like Kifkif.94 This will
allow people to advocate for gay rights without the threat of arrest, as they do not
currently live in Morocco. Others believe that first there must be a change in gay society,
starting with more information about homosexuality. This will allow people to accept
their sexuality, which could lead to the creation of a more sizeable gay community. A gay
community might allow people to feel more comfortable participating in activism, as they
have a group of people they can turn to with similar ideas and goals.95 This support
system would also help people who would be disowned by their families for their
sexuality. People I interviewed mentioned the need for more media coverage of
homosexuality, and more information, which will help break the silence and normalize
94
95
E. Personal Interview
Ishaq, Personal Interview
homosexuality to the population of Morocco, both gay and straight.96 This could
potentially lead to less prejudice in the population, giving gay people more ability to be
open with their families, and not have the fear of widespread rejection that is currently
the most common result after an arrest for homosexuality. Ideally, most of this awareness
raising would be done by people in Morocco, working to reach populations that have
very little access to information about gay people to help combat the widely held
prejudices.97 However, no matter what path is taken in the gay movement, there will be
time when people must advocate for something that is currently illegal, and there is no
way to know how this will play out, as there are not really comparable parallels in the
Arab world.
People working in gay rights organizations have optimistic views on the future of
the gay movement, seeing the acquisition of rights as far-off, but inevitable. The
president of Kifkif, as well as both people involved in Aswat, all agreed that they would
live to see a day where homosexuality was more accepted in Morocco. As for gay
Moroccans not involved in activism, three people were open about the possibility of
change, but did not offer any clear predications. When asked if they thought they would
see changes in gay rights in their lifetime, these three people responded “maybe.” While
they are not confident that they will see change occur, they are not willing to write off
change as impossible. This might be due to the fact that they did not have much
knowledge of the actions of the gay movement in Morocco and therefore could not guess
how long it would be until certain rights were achieved. And even though they have little
96
97
Laila, Personal Interview
Laila, Personal Interview
knowledge of the activism being done by gay rights organizations in Morocco, gay
Moroccans not involved in the gay movement continue to believe that change is possible.
There were two people I interviewed who were adamant that change would not
occur in their lifetimes. One man believed that since Morocco was a Muslim country, and
homosexuality was forbidden in Islam, there could never be a change in the law. 98
Another man was pessimistic about the possibility of change, not for religious reasons,
but because of what he perceived as a lack of democracy in Morocco.99 In his view,
nothing will change, even if citizens wanted it to because “voting isn’t useful in a country
where decisions aren’t made by the elected” and “strategic decision making is done by
the palace.”100 The two people who do not think there will be change in their lifetime
have this view because of what they see as unchanging entities, Islam and the monarchy.
The man who spoke against the king was a particularly interesting case. Not only
did I speak to him over Grindr, which showed that he was gay and looking for someone
to date or have sex with, but he spoke out against the king, which is traditionally seen as a
line that cannot be crossed in Moroccan society. To speak out against the king is to speak
out not just against the historic and dominant form of government in Morocco, but also
means that one is speaking out against Islam, as the king is seen as the Commander of the
Faithful. It makes sense that gay people in Morocco would be more liberal, as the
conservative party in the country is an Islamic party, which would, by their nature, make
life more difficult for gay people. However, this man was unique in his outright and
unshielded distaste of the king and the lack of democracy in Morocco.
98
B. Personal Interview
D. Personal Interview
100
D. Personal Interview
99
With the exception of straight academics, the goals of the gay movement are
clear. To gay people, both those working in activism and those not involved in activism,
the most important thing that can be done in the gay movement is the repeal of Article
489. This removal of sanctioned discrimination around homosexuality will benefit gay
people because it will allow them to not live their lives with the fear of being arrested.
This will also potentially lead to more activism around gay rights, as gay people who
were previously scared of arrest now only have to fear the social consequences of their
actions. While the acquisition of full social and political rights will be challenging for the
gay community of Morocco, it will be easier if the law preventing homosexuality, and by
extension, gay organizations, is repealed. This is why the vast majority of participants I
interviewed believed that the first priority should be the repeal of the law, although
activists had a much more hopeful view of the future than gay men not involved in
activism did.
Arguments for Gay Rights
The main argument gay activists use when advocating for the repeal of Article
489 is the idea that Morocco should be more in line with international human rights laws.
However, there are no internationally recognized protections for gay people. The United
Nations has adopted several non-binding resolutions “expressing grave concern” about
the violence gay people face, and “welcoming positive developments” in the field of gay
rights.101 The 2014 resolutions references the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant of Economic, Social and Cultural
Rights (CESCR), and the Universal Declaration of Human Rights (UDHR) as treaties
101
Human Rights Council resolution 27/32, Human rights, sexual orientation and gender identity,
A/HRC/RES/27/32 (26 September 2014), available from undocs.org/A/RES/27/32.
that affirm the universality of human rights for all people.102 None of these treaties
specifically mention gay people, or include protections for sexual orientation. The ICCPR
specifically mentions “race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status” but has no specific mention of
sexual orientation as a protected class.103 CESCR has the same list, and no stated
protections for gay people.104 There are no real, enforceable protections for gay people in
the United Nations, and no international human rights laws for countries like Morocco to
be in line with.
That is not to say that the United Nations is doing nothing for gay rights. They
have passed several resolutions expressing concern about the treatment of LGBT people,
and have created a United Nations campaign called “Free and Equal” for LGBT
equality.105 Ban Ki-moon, the Secretary General of the United Nations, has also been
outspoken about the need for LGBT equality. Most recently, in January of 2015, the
Secretary General spoke in India about his opposition to laws that criminalize same-sex
relationships. He said he was “proud to stand for the equality of all people – including
those who are lesbian, gay, bisexual or transgender. I staunchly oppose the
criminalization of homosexuality. I speak out because laws criminalizing consensual,
adult same-sex relationships violate basic rights to privacy and to freedom from
discrimination. Even if they are not enforced, these laws breed intolerance.”106 The
102
Human Rights Council resolution 27/32, Human rights, sexual orientation and gender identity,
A/HRC/RES/27/32 (26 September 2014), available from undocs.org/A/RES/27/32.
103
International Covenant on Civil and Political Rights. New York, 16 December 1966. 10 April 2015.
Retrieved from http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
104
International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966. 10
April 2015. Retrieved from http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
105
UN Free and Equal. United Nations. 2014. 10 April 2015. Retrieved from https://www.unfe.org/
106
“Ban Ki-moon in India.” UN Free and Equal. United Nations. 12 January 2015. 10 May 2015.
Retrieved from https://www.unfe.org/en/actions/ban-ki-moon-in-india
Secretary General is outspoken, and in favor of gay rights, but there is currently no way
for the United Nations to bring countries up before a treaty body and question them about
their treatment of gay people. The Convention on the Elimination of All Forms of
Discrimination Against Women, for example, forces all signatories of the treaty to make
periodic reports to the United Nations treaty body, where the country’s treatment of
women can be questioned and discussed. Since there is no treaty that protects gay people,
there is no way for the United Nations to involve themselves, even peripherally, in the
affairs of countries who are discriminating against LGBT people.
To bring countries more in line with human rights laws that protect gay people is
therefore not truly possible, as there are no international human rights laws that protect
gay people. However, there is a norm, at least in the Western world, of decriminalizing
homosexual activity. Of the 76 countries that criminalize homosexuality, none are in
Europe, and only one is in the Americas.107 The majority of the countries across the
world do not criminalize homosexuality, and it is likely this widespread norm that gay
activists in Morocco are referring to when they say they hope to bring Morocco more in
line with the rest of the world.
Limitations
In 2009, several authors complied an analysis of gay life for the liberal Moroccan
magazine TelQuel, which had previously published a story acknowledging Abdellah Taïa
as an openly gay Moroccan writer. In researching this article, the authors of the study
came across many of the same challenges I did. One author articulated it best when she
was discussing a man she was talking to, Yassir, and how “none of his friends would
agree to meet a journalist, even though Yassir tried to reassure them their names, jobs,
107
“Where is it Illegal to be Gay?”
addresses wouldn’t be used. Their response was absolutely final: they were not going to
meet a Moroccan journalist.”108 I received a very similar response from several people
when I asked if I could speak to their friends. Despite assurances of confidentiality, the
risks are too great for many people to speak to a Moroccan journalist, or an American
researcher.
Being an America gives me advantages when speaking to gay people. I come
from a country that is seen as being more open to homosexuality, and I do not have ties to
anyone in Morocco, and could do much less to out someone. However, being an
American, and more specifically, an English speaker, poses many challenges. I do not
fluently speak Arabic, so my pool of people I am able to talk to is far more limited. In
addition, I was in Morocco for only four months, not nearly long enough to know typical
places that gay people hang out. While some gay activists I spoke to put me in touch with
other people, I was not able to integrate myself into a group of people to understand how
gay Moroccans act among their friends. Due to time constraints, my research was limited
to several individual people, many of whom did not know each other. This presents an
incomplete picture of gay life and gay opinions, as the pool of people I am talking to is
very small.
Recommendations for Future Studies
This study had a very small scope, and I only had the time and connections to
speak to eight gay people in Morocco. To truly understand the goals of the gay movement
in Morocco, and the opinions held by gay people in the country, it would be beneficial to
have a much larger sample size for this study, conducted either through an anonymous
Daïf, Maria and Laetita Grotti. “Gay in Morocco: A Mini-Dossier Compiled for the Moroccan Weekly
TelQuel.” Index on Censorship. 34.3 (2005). 154-165. 159.
108
survey, or through many more interviews. To eliminate any gender or cultural biases,
these interviews, and future studies, would likely be best conducted by gay Moroccan
men and women.
In addition, more research into the struggles and triumphs of Moroccan lesbians
should be conducted. This study only had one female participant, who was involved in
gay activism. It was much more challenging to find lesbians not involved in activism,
because on the whole, lesbians do not use the same types of dating sites like Grinder, and
were harder to track down. Additionally, while there are openly gay Moroccan men, there
are no prominent openly lesbian women. Even Aswat, which has lesbians on their staff,
one of whom I spoke to, focused exclusively on gay men in their video series “Kaniyn.”
Possibly due to the power of the patriarchy, even in the gay rights movement, the
experiences of lesbians are not given the same weight, and future studies with more
lesbian voices are necessary.
Another study could also examine the public opinion of homosexuality in
Morocco. I focused mostly on the thoughts of gay people, and the opinions of straight
academics, but I did not study what the general public thought of homosexuality. It would
be interesting, and possibly beneficial to activists, to learn what percentage of people in
Morocco support the repeal of Article 489. If activists knew that public opinion was on
their side, it might make it easier to advocate for the repeal of this law.
Conclusion
Gay activists and gay people living in Morocco have the same goals for the gay
movement, however nascent it may be. Gay activists stated that the primary goal should
be repealing Article 489, which criminalizes homosexual activity. They believe that once
this law is repealed, they can begin to advocate for themselves, and begin to achieve
other goals. For example, once homosexuality is no longer illegal, activists and gay
people alike will be able to come out. This will help change the perceptions of
homosexuality in the public as people learn that their children, friends, customers and coworkers are gay, and happen to be normal, and no different from them.
The elimination of Article 489 will also allow activists to argue for the positive
inclusion of homosexuality in school curriculums. Several activists spoke about how
challenging it was in schools, as the only information about homosexuality that is
presented is negative and based in religion. Finally, once homosexuality is no longer
illegal, gay groups will also no longer be illegal, and can focus their activism on the
public stage, advocating for some of the human rights protections that are currently
denied to gay people, like protection from discrimination in hiring, an ability to have their
relationship recognized in the same way any other relationship is recognized, and
adoption rights.
Perhaps knowing that the elimination of Article 489 would allow gay people no
longer live in fear of legal repercussions, many gay people not involved in activism also
stated that this should also be the main goal for any gay movement in the country. On this
point, gay activists and gay people were almost uniformly in agreement.
Straight people who I spoke to did not have the same sense of urgency about the
situation for gay people, and did not discuss what they thought goals for the gay
movement should be. Many academics preferred to stay neutral on the subject of the gay
movement, and the representative from the National Human Rights Council argued that
gay rights issues were not an important concern for the country at this moment.
Gay people in Morocco face an enormous amount of social, religious, and legal
pressure based on their sexual orientation. The practice, or even the suspicion, of
homosexuality can land someone in jail for up to three years. Despite that, there are
multiple gay rights organizations, and a flourishing underground gay scene. Gay people
are able to find love and friends, and people who they can be honest with. The gay
community in Morocco is a sign of hope for the future of the gay movement. Many gay
people I spoke with said that although they may never tell their parents, or those they
work, they knew that their sexual orientation was not something they could change. The
fact that society had a problem with their orientation was society’s problem, not theirs.
Gay people in Morocco acknowledge that there is a long way to go towards equality, they
will also not be told that their orientation is something they can change, and they will not
believe the social, religious, and legal lie that their orientation is unnatural and wrong.
Even with the pride that many gay people have, it is still a risk to be openly gay,
even to a small degree, in Morocco. I am eternally grateful to all of the courageous
individuals who spoke to me, both online and in person. Their bravery and strength is
inspiring, and I believe that their dedication and passion to the work that they do will
eventually result in political and legal change. The changes that these activists and
members of the gay community will facilitate will only bring Morocco more in line with
international human rights norms. As individual countries become more accepting of gay
people, the United Nations will hopefully follow suit, and enshrine gay rights as human
rights by creating treaties and treaty bodies that contain explicit enumerations and
protections for gay people. Only then can gay rights be considered human rights on the
world stage, which is a necessary next step towards equality for all people.
Appendix A
Interview Questions for Gay Organizations
1. When was your organization founded?
2. Why was this organization founded?
3. What is the current goal of the organization?
4. What does this organization do to achieve those goals?
5. Who works for this organization?
6. Are women involved in your organization?
7. Have you had any conflicts with the government?
8. If yes, what happened?
9. If not, why do you think that is?
10. Do other organizations have trouble from the government?
11. What is the most important issue for the LGBT community in Morocco today?
12. What do you think is the most effective way to bring about change, with regards
to LGBT rights?
13. Do you think there is an LGBT movement in Morocco?
14. What do you think is the future of the LGBT movement in Morocco?
15. What would you like to see happen in the LGBT movement?
16. What is the biggest challenge you have faced as a gay person in Morocco?
Appendix B
Interview Questions for Gay Moroccans Not Involved in Gay Organizations
1. What has been the biggest challenge for you as a gay person in Morocco?
2. Have you told anyone you are gay?
3. If so, what happened?
4. If not, why not? What would happen if you did?
5. Do you think there is a movement for gay rights in Morocco?
6. If so, what do you think are the goals of this movement?
7. If not, why isn’t there a gay movement?
8. What would you like to see change in Morocco, with regards to gay rights?
9. Do you think these changes will happen in your lifetime?
10. Do you think there is anything you can do to bring about these changes?
Appendix C
Interview Questions for Academics
1. How does the government treat books/plays with gay themes?
2. How does society view books/plays with gay themes and the authors who write
them?
3. What has been the reception for your book/play?
4. What has been your biggest challenge researching, writing and promoting this
book/play?
5. What is the most important issue for the gay community in Morocco today?
6. What do you think is the most effective way to bring about change, with regards
to gay rights?
7. Do you think there is a movement for gay rights in Morocco?
8. What do you think is the future of the gay movement in Morocco?
9. What would you like to see happen in the gay movement?
10. Do you think your scholarship/art has a place in activism?
Appendix D
Consent Form
1. Brief description of the purpose of this study
The purpose of this study is to learn more about gay organizations in Morocco, and
the goals of the LGBT movement in Morocco.
1. Rights Notice
In an endeavor to uphold the ethical standards of all SIT ISP proposals, this study has
been reviewed and approved by a Local Review Board or SIT Institutional Review
Board. If at any time, you feel that you are at risk or exposed to unreasonable harm,
you may terminate and stop the interview. Please take some time to carefully read the
statements provided below.
a.
Privacy - all information you present in this interview may be recorded, by hand,
and safeguarded. Your interview will not be tape recorded. If you do not want
the information recorded, you need to let the interviewer know.
a.
Anonymity - all names in this study will be kept anonymous unless the participant
chooses otherwise.
a.
Confidentiality - all names will remain completely confidential and fully
protected by the interviewer. By signing below, you give the interviewer full
responsibility to uphold this contract and its contents. The interviewer will
also sign a copy of this contract and give it to the participant.
_________________________
Participant’s name printed
_____________________________
Participant’s signature and date
_________________________
Interviewer’s name printed
_____________________________
Interviewer’s signature and date
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