Abstract
This chapter addresses how two contradictory official discourses—one legal/modernist and the other religious/traditional—continue to undermine Moroccan women’s quest for equality and participatory citizenship. It looks at what makes the discourse of the modern democratic state easily yield to social and political conservatism, how the ambiguity of the official discourse nullifies the advances made in the law in the last decade, and how this ambiguity hinders the implementation of societal change. The chapter also ventures an idea on how patriarchy and conservatism feed on global conflicts and tensions to create the conditions of what the chapter refers to as women’s liminal citizenship (the status of women whereby their full citizenship is not attained or sometimes denied despite its being fully recognized in the new constitution adopted in July 2011).
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Notes
- 1.
In a landslide vote, Morocco adopted the constitution. Results showed a 98.94 % approval rating and 72.65 % turnout, according to the Minister of Interior Taib Cherkaoui.
- 2.
Pakinam al-Sharkawi, Deputy Prime Minister and Social Assistant to the President for Political Affairs Arab Republic of Egypt states: “The formulation of international policies to combat this phenomenon must be based on the balance between the values shared by humanity, and the cultural and social particularities of countries and peoples.”
- 3.
The major reforms enacted to promote women’s conditions in Morocco are the labor law (Bulletin Officiel nb 5210, May 2004), the new Family Code (Bulletin Officiel nb 53586, October 2005), the Nationality Code (Bulletin Officiel nb 5514, April 2007), and the electoral law (2011) that faced overwhelming resistance from the majority of political parties; the adoption of the new constitution in July 2011 that institutes equality between men and women; and finally, the amendment of Article 475 of the Penal Code in January 2014.
- 4.
The International Forum for Family Protection, a branch of the International Union for Muslim Scholars, organized a conference titled “Abuses and Violations of the Document on the Elimination of All Forms of Violence Against Women and Girls and Preventing It” (meaning how to prevent it) on their website on May 11 and 12, 2013; they provided the list of their grievances against the CEDAW and warned against the adoption of the report of the 57th session of the UN’s Commission on the Status of Women (held in New York, March 4–15, 2013). Over 20 international associations from different parts of the world, from the MENA region but also from Switzerland and Nigeria, took part in the event.
- 5.
In Egypt, the National Council for Women (NCW) was founded by a presidential decree in 2000; it was headed by Suzanne Mubarak, who equally founded and presided over the Suzanne Mubarak Women’s International Peace Movement (SMWIPM) in 2007.
- 6.
The International Labor Organization Report “Global Employment Trends: A Recovery in Activity, not in Jobs. Global Employment Trends 2014: The Risk of a Jobless Recovery 21 January 2014”: “[…] unemployment among young people has reached around 19 % in Morocco, over 22 % in Lebanon and Algeria, 25 % in Egypt, closer to 30 % in Jordan and Saudi Arabia, around 40 % in the Palestinian Authority and over 42 % in Tunisia.” Available from: http://www.ilo.org/wcmsp5/groups/public/africa/documents/publication/wcms_234191.pdf. June 16, 2014. While Leila Trabelsi presided the AWO between 2009 and 2011.
- 7.
Fouzia El Assouli, President of the Democratic League for Women’s Rights. Opening speech at the conference on “The Family Code + 10: Experiences and Ways Forward Conference,” organized by the Danish Center for Research and Information on Gender, Equality and Diversity (KVINFO), November 21–22, 2013, Rabat, Morocco. Fatima Yassin. “International Symposium on the Political Movements and Equality in North Africa.” Available from: http://www.almaghribia.ma/Paper/printArticle.asp?id=165666. (Accessed on June 27, 2014).
- 8.
Radio Interview with Fouzia El Assouli on April 12, 2014, Médi 1 Radio.
- 9.
Survey of Haut Commissariat au Plan, available from: http://www.hcp.ma/Etude-sur-la-violence-a-l-egard-des-femmes_a784.html.2009. (Accessed on June 27, 2014).
- 10.
A special unit was created called “la chaine multi service de lutte contre la violence à l’égard des femmes,” composed of the police force, the medical services, and the courts.
- 11.
http://hdr.undp.org/en/countries. (Accessed on June 30, 2014.).
- 12.
Press conference by Ahmed Lahlimi on March 12, 2014, presenting the October 2013 study of the Haut Commissariat au Plan, “La femme marocaine en chiffres: tendances d’évolution des caractéristiques démographiques et socioprofessioonnelles.”
- 13.
“Women’s participation in the labor market constituted 30 % in 1999 and dropped to 25 % in 2012. By comparison, the median worldwide percentage of female participation in economic activities was 51 %, while female participation in sub-Saharan African countries reached 60 %.” El Hassan Achy. 2013. “Economic equality between woman and man Morocco.” In al-Hayat Tajribi, Available from: http://alhayat.com/OpinionsDetails/498782.
- 14.
Steps include family law reform in 2004, labor law reform in 2007, and changes to the Nationality Code in 2008 allowing Moroccan women to pass their nationality to their children born to foreign fathers. In addition, women are better represented in public life because of a revision of the electoral law reserving 60 seats to women in the House of Representatives. Because of this reform, 66 women were elected in the last general elections in November 2011 (16.7 % of MPs) compared to 34 (10.5 %) in 2007. Moreover, a constitution was produced in 2011, and Article 475 of the Penal Code was amended in 2014.
- 15.
Article 16 of the family law states that “a marriage contract is the accepted legal proof of marriage. If for reasons of force majeure the marriage contract was not officially registered in due time, the court may take into consideration all legal evidence and expertise; during its enquiry the court shall take into consideration the existence of children or a pregnancy from the conjugal relationship, and whether the petition was brought during the couple’s lifetimes; petitions for recognition of a marriage are admissible within an interim period not to exceed 5 years from the date this law goes into effect.”
- 16.
According to Article 20, the Family Affairs Judge in charge of marriage may authorize the marriage of a girl or boy below the legal age of marriage as stipulated in the preceding article (Article 19), in a well-substantiated decision explaining the interest and reasons justifying the marriage, after having heard the parents or legal tutor of the minor who has not yet reached the age of capacity, with the assistance of medical expertise or after having conducted a social enquiry. According to Article 40, polygamy is forbidden when there is a risk of inequity between the wives. It is also forbidden when the wife stipulates in the marriage contract that her husband will not take another wife. Article 41 stipulates that the court will not authorize polygamy in the following contexts: (1) if an exceptional and objective justification is not provided, and (2) if the husband does not have sufficient resources to support the two families and guarantee all maintenance rights, accommodation, and equality in all aspects of life.
- 17.
See Hajar al-Maghli. 2014. “Thoubout Azzawjiya wassila litazwij al qasirat wa taadoud azzawjat.” In Assabah, February 5, 2014. Available from: http://www.assabah.press.ma/index.php?option=com_content&view=article&id=51494:2014-02-05-09-37-00&catid=67:cat-nationale&Itemid=600. (Accessed on May 20, 2014.)
- 18.
See Khadija Rougani. 2014. “Millaf li Niqach” Show. Médi 1 TV, February 4, 2014.
- 19.
“Enquête nationale sur la prévalence de la violence à l’égard des femmes au Maroc.” Rapport final du Haut Commissariat au Plan. 2011. Rabat, p. 5.
- 20.
On Tuesday, June 17, 2014, the sexist comments of Head of Government Abdelilah Benkirane alarmed women’s NGOs. He openly attacked women’s access to work and defended a discriminatory division of family tasks that was described as “divine and religious.”
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Boutkhil, S. (2016). Moroccan Women in Limbo: On Liminal Citizenship and the Quest for Equality. In: Sadiqi, F. (eds) Women’s Movements in Post-“Arab Spring” North Africa. Comparative Feminist Studies. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-50675-7_17
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