New petition, bill drive change in Morocco's domestic violence law

22/01/2009

The Union of Women's Action held seminars across Casablanca on Saturday to inform the public about the state of domestic violence in Morocco. Meanwhile, the government is working on a bill that includes significant changes to the law governing such crimes.

By Imane Belhaj in Casablanca and Sarah Touahri in Rabat – 22/01/09

[Getty Images] With a domestic violence bill currently under review, Morocco continues to lead the Arab world in its defence of women's rights.

With a domestic violence bill currently under review by the government, Morocco continues to lead the Arab world in its defence of women's rights. In addition, the Union of Women's Action (UAF) organised forums across Casablanca on Saturday (January 17th) to raise public awareness of violence and to lobby local groups to protect victimised women.

"Our campaign hinges on our belief that elected councils must shoulder their full responsibility to prioritise the fight against violence," said UAF President Aicha Lekhmas. "We are sorry that violence has become an everyday happening... communicated by mass media while local officials [don't] even bat an eyelid."

The forums are part of a long-term programme sponsored by women's networks, human rights associations and trade unions. Each event included meetings with group representatives, seminars for the public, and testimonials from victims of violence who had no choice but to turn to relief centres and fellow women for protection and support.

Many men attended the UAF events in Casablanca, eager to express their rejection of domestic violence. "Women are human beings above all else," said math teacher Murad Fakhouri. "Those who attack their wives – or any women – betray their weakness of character, rather than their power; power does not lie in parading muscles, but in magnanimity and tolerance."

Hundreds of people visited the tents, signing the "Call of Citizenship", which is an appeal to elected officials to institute a system capable of identifying and preventing violence. The petition asks political leaders to allocate monies to outreach groups and to establish centres and shelters that provide psychological, legal and social services to battered women.

Latifa Jbabdi, a Member of Parliament and founder of the UAF, said the movement has gained new ground, though it still falls short of its aspirations. "Our hope is pinned to the implementation, when the communal elections of June 12th, 2009 bring new people that will hopefully be more aware than their predecessors," she said. "We are also looking forward to women's representations in the elections."

At the national level, an anti-violence bill is currently being drafted by the Ministry for Social Development, Families and Solidarity. According to Minister Nouzha Skalli, the text will be finalised in March and added to the legislative agenda.

Skalli told Magharebia that an early version already circulated around the government has been withdrawn, so that a new bill can be drafted that responds to the grievances of the women's movement in Morocco.

"A committee of experts is working on the text," she said. "I'm going to work to get the law passed in 2009."

She explained that the aim is to remove legal loopholes existing in current laws. For example, an effective alternative needs to be found to the rules of proof which needs to be submitted by victims in order for the attackers to be found guilty. "The complexity of the procedure is currently depriving a large number of victims of their rights, and is helping the problem to gain ground," she said.

"It's difficult to find witnesses in the bedroom; at present, a woman's testimony is not enough for her attacker to be found guilty," Skalli continued, saying the new law should be more flexible.

A future law should also include deterrents like the removal of the attacker from the marital home, to prevent further attacks.

Ministry advisor Khadija Rougani said the new bill is not a law against men or biased towards women, but is merely a legal framework guaranteeing balance across the whole of society, starting with the family.

Women's associations wait impatiently for these reforms, so that they might have greater room for legal manoeuvre in defending victims.

UAF Chairperson Fatima Maghnaoui said the law will undoubtedly change the current situation, but she fears it will have little real impact if it is not backed up by other preventive measures. She advocates the addition of training against domestic violence into national education programmes.

"Violence against women is being recorded every day across the various regions of the Kingdom," she said. "The longer we wait for this law to be finalised, the more victims there will be. We have to act immediately and get this law proclaimed as soon as possible."

To Hiba Othmane of the Karama association, Morocco has become a leader in the Arab world in the protection of women's rights, particularly from a legal perspective. "This law will help consolidate the progress we have already made," she said.

According to UAF data, there were 4,799 cases of violence reported in rescue centres in 2007. Physical violence topped the list with 1,436 cases, followed by money-related violence (759 cases), expulsion from the home (608 cases), psychological violence (515 cases), and aggression towards single mothers (395 cases).