Morocco/Western Sahara
15.07.03
Urgent Interventions
Morocco - Press Release - Violence against Women
PRESS RELEASE
The World Organisation Against Torture (OMCT) expresses its concern regarding violence against women in Morocco at the Twenty-Ninth Session of the UN Committee on the Elimination of Discrimination Against Women
Geneva, 15 July 2003
The UN Committee on the Elimination of Discrimination Against Women will today begin its examination of Morocco’s implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. In its alternative country report entitled "Violence against Women in Morocco", which has been submitted to the Committee, the World Organisation Against Torture (OMCT) expresses its grave concern at reports of widespread violence against women in the private and community spheres.
Discrimination against women persists in Morocco in both de jure and de facto forms. The government of Morocco has registered numerous reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, thus seriously hampering the potential effectiveness of the treaty. Further, Moroccan legislation discriminates against women with regard to the minimum marriageable age, ability to contract a marriage, polygamy, and divorce, among other areas. Women in Morocco also display lower literacy levels than men and low levels of participation in higher segments of the labour market.
OMCT’s report expresses concern that although domestic violence is little documented and seldom reported, it appears to be a serious problem. There are several barriers that prevent women and girls from lodging complaints in relation to domestic violence. These include: traditional social beliefs concerning the inferiority of women; the social unacceptability of denouncing your husband; the lack of specific legislation on violence against women in the family; and the lack of sensitivity on the part of law enforcement officials. Furthermore, there is a lack of adequate structures to shelter and help battered women and women face difficulties in obtaining a judicial divorce on the grounds of harm and proving physical assault in the domestic sphere as this requires a medical certificate as well as the testimony of a witness. The report explains that these obstacles perpetuate the message that domestic violence is to a certain degree acceptable and allow the perpetrators of domestic violence to enjoy impunity. OMCT insists that the government develop a comprehensive policy and legislative response to the problem of domestic violence, which at the same time should dissolve the mentioned obstacles.
Rape also appears to be heavily underreported due to the social stigma attached to the loss of virginity and the difficulties women face in proving that they have been raped due to the lack of a witness to the crime. Another fact that may discourage women from filing a complaint is the risk of being charged with having had unlawful sex in cases when she is pregnant and cannot prove that she was raped. OMCT recommends that the Government of Morocco repeal the evidentiary rules regarding rape, which place a large part of the burden of proof on the rape victim.
Another topic of concern in the report is the increase in trafficking in women and girls for prostitution and the exploitive situation of child maids. OMCT notes that prostitutes may be doubly victimised; first forced into prostitution and then detained since prostitution is illegal. As there is currently no specific legislation to combat trafficking in persons, OMCT recommends the adoption of new legislation to criminalise trafficking in persons and to ensure that women and girls who are the victims of sexual exploitation are not held criminally culpable.
Overall, OMCT’s report concludes that while Morocco has a duty under international law to act with due diligence to prevent, investigate, prosecute and punish all forms of violence against women, irrespective of whether this violence is committed by public or private individuals, this obligation has not been adequately implemented at the national level.
For further information on or copies of the alternative report on violence against women in Morocco or for further information on OMCT’s programme on Violence against Women in general please contact Carin Benninger-Budel at + 41 22 809 4939 or cbb@omct.org.
The World Organisation Against Torture (OMCT) expresses its concern regarding violence against women in Morocco at the Twenty-Ninth Session of the UN Committee on the Elimination of Discrimination Against Women
Geneva, 15 July 2003
The UN Committee on the Elimination of Discrimination Against Women will today begin its examination of Morocco’s implementation of the Convention on the Elimination of All Forms of Discrimination Against Women. In its alternative country report entitled "Violence against Women in Morocco", which has been submitted to the Committee, the World Organisation Against Torture (OMCT) expresses its grave concern at reports of widespread violence against women in the private and community spheres.
Discrimination against women persists in Morocco in both de jure and de facto forms. The government of Morocco has registered numerous reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, thus seriously hampering the potential effectiveness of the treaty. Further, Moroccan legislation discriminates against women with regard to the minimum marriageable age, ability to contract a marriage, polygamy, and divorce, among other areas. Women in Morocco also display lower literacy levels than men and low levels of participation in higher segments of the labour market.
OMCT’s report expresses concern that although domestic violence is little documented and seldom reported, it appears to be a serious problem. There are several barriers that prevent women and girls from lodging complaints in relation to domestic violence. These include: traditional social beliefs concerning the inferiority of women; the social unacceptability of denouncing your husband; the lack of specific legislation on violence against women in the family; and the lack of sensitivity on the part of law enforcement officials. Furthermore, there is a lack of adequate structures to shelter and help battered women and women face difficulties in obtaining a judicial divorce on the grounds of harm and proving physical assault in the domestic sphere as this requires a medical certificate as well as the testimony of a witness. The report explains that these obstacles perpetuate the message that domestic violence is to a certain degree acceptable and allow the perpetrators of domestic violence to enjoy impunity. OMCT insists that the government develop a comprehensive policy and legislative response to the problem of domestic violence, which at the same time should dissolve the mentioned obstacles.
Rape also appears to be heavily underreported due to the social stigma attached to the loss of virginity and the difficulties women face in proving that they have been raped due to the lack of a witness to the crime. Another fact that may discourage women from filing a complaint is the risk of being charged with having had unlawful sex in cases when she is pregnant and cannot prove that she was raped. OMCT recommends that the Government of Morocco repeal the evidentiary rules regarding rape, which place a large part of the burden of proof on the rape victim.
Another topic of concern in the report is the increase in trafficking in women and girls for prostitution and the exploitive situation of child maids. OMCT notes that prostitutes may be doubly victimised; first forced into prostitution and then detained since prostitution is illegal. As there is currently no specific legislation to combat trafficking in persons, OMCT recommends the adoption of new legislation to criminalise trafficking in persons and to ensure that women and girls who are the victims of sexual exploitation are not held criminally culpable.
Overall, OMCT’s report concludes that while Morocco has a duty under international law to act with due diligence to prevent, investigate, prosecute and punish all forms of violence against women, irrespective of whether this violence is committed by public or private individuals, this obligation has not been adequately implemented at the national level.
For further information on or copies of the alternative report on violence against women in Morocco or for further information on OMCT’s programme on Violence against Women in general please contact Carin Benninger-Budel at + 41 22 809 4939 or cbb@omct.org.