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Morocco
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Morocco are found in the 2016 Family code, which addresses marriage under duress or deception at Article 63.
Consent to marriage
Provisions requiring consent to marriage in Morocco are found in the Family Code 2016, article 4 of which states that marriage is a pact based on mutual consent with a view to to establish a legal and lasting union between a man and a woman. It has life in reciprocal fidelity, purity and the foundation of a stable family under the direction of both spouses, in accordance with provisions of this Code.
Servile marriage
There appears to be no legislation in Morocco that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Morocco are found in the Criminal Code as amended by the LAW 27.14 ON THE PREVENTION OF HUMAN TRAFFICKING 2016, which prohibits trafficking for practices similar to slavery at Articles 448.1 and 448.2, with a potential penalty of imprisonment for five to ten years and a fine of 10,000 to 500,000 dirhams.
Minimum age for marriage
The minimum age for marriage in Morocco is 18, without differentiation by gender, as set out on Article 19 of the 2016 Family Code. However, marriages below this age may be authorised by the family judge if there is a specific interest justifying the marriage and with the consent of the parents or the legal representative of the minor, after a medical or social inquiry, as set out on as set out on Article 20 of the 2016 Family Code. These exceptions are not differentiated by gender.
Region
Africa
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- African Union
- Organisation of Islamic Cooperation
- Arab League
Legislative Provisions
MOROCCAN CONSTITUTION 1996
Article 6
The public powers work for the creation of the conditions permitting the effectiveness of liberty and of the equality of citizens [feminine] and citizens [masculine] to be made general [generaliser], as well as their participation in political, economic, cultural and social life.
Article 21
All have the right to the security of their person and of their kin [proches], and to the protection of their assets.
The public powers assure the security of the populations and of the national territory within respect for the fundamental freedoms and rights guaranteed to all.
Article 22
The physical or moral integrity of anyone may not be infringed, in whatever circumstance that may be, and by any party that may be, public or private.
No one may inflict on others, under whatever pretext there may be, cruel, inhuman, [or] degrading treatments or infringements of human dignity.
The practice of torture, under any of its forms and by anyone, is a crime punishable by the law.
CRIMINAL CODE
Article 436
Shall be punished by imprisonment of five to ten years, those who, without orders from the constituted authorities, and except in cases where the law allows or directs individuals to enter, remove, arrest, detain or kidnap any person. If the detention or confinement lasted thirty days or more, the penalty is imprisonment from ten to twenty years. If the arrest or abduction was carried out with either a uniform or insignia prescribed or appearing in such under section 384 or under a false name or a false order of the public authority or with the use of motorized transport, or with threats of a crime against persons or property, the penalty is imprisonment from twenty to thirty years. The penalty in the third paragraph above is applicable when the person committing the act is one of the persons exercising public authority or a person under section 225 of this Code if the act is committed to achieve an objective or satisfy personal desires [144]. If the offender is charged or has been aimed to get paid a ransom by people under the authority or control where the minor was placed, the penalty, whatever the age of the minor, is life imprisonment. However, if the minor is found alive has ever been made before the conviction, the penalty is imprisonment from ten to twenty years.
Article 467-1
Any person who sells or acquires a child under the age of eighteen years is liable to imprisonment for two to ten years and a fine of five thousand to two million dirhams.
“Sale of children” means any act or transaction involving transfer of a child from one or more persons to one or more other persons for any consideration whatsoever.
The penalty provided for in the first paragraph of this article shall be applicable to any person who:
– causes the parents or any of them, the kafil, the testamentary guardian, the dative guardian, the person having authority over him or the person in charge of his protection to sell a child under the age of eighteen, Assists or facilitates such sale;
– acts as an intermediary, facilitates or assists in the sale or purchase, by any means whatsoever, of a child under the age of eighteen years.
Article 467-2
Without prejudice to more severe penalties, a person who carries on a child under fifteen years of age for the purpose of carrying out work shall be punished with imprisonment from one year to three years and a fine of between five thousand and twenty thousand dirhams Forced, acts as an intermediary, or causes such exploitation.
Forced labor, as defined in the preceding paragraph, means the compulsion of a child to perform work prohibited by law or to perform work that is prejudicial to his health, safety, morals or training.
Article 475
Who, without violence, threats or fraud, or turn away, or attempts to remove or divert a minor under eighteen years of age [176], is punishable by imprisonment of one to five years and to a fine of 200 [177] to 500 dirhams. When a nubile and removed or diverted married her captor, it may be prosecuted on the complaint of people entitled to apply for annulment of marriage and cannot be sentenced until after the cancellation of marriage the final decision.
Article 497
Anyone who excites, encourages or facilitates the prostitution or debauchery of minors under the age of eighteen years shall be punished by imprisonment of two to ten years and a fine of twenty thousand to two hundred thousand dirhams [191].
Article 498
Is punished by imprisonment of one to five years and a fine of five thousand to one million dirhams, unless the fact constitutes a more serious offense who knowingly
1) in any way aids, assists, or protects the prostitution of others or soliciting for prostitution;
2) in any form, by knowingly receives a share of the avails of prostitution or debauchery of others or receiving money from a person who habitually engages in prostitution or debauchery;
3) lives, knowingly, with a person who habitually engages in prostitution;
4) hiring, leads, delivers, protects, even with their consent or puts pressure on a person for prostitution or debauchery, or to continue to engage in prostitution or debauchery;
5) acts as an intermediary in any capacity between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others;
6) with one who exploits the prostitution or debauchery of others to provide false justifications of its financial resources;
7) is unable to justify the source of its revenue, considering the standard of living while living with a person who habitually engages in prostitution or debauchery, or having relations with a suspicious person or persons engaged in prostitution or debauchery;
8) hinders the actions of prevention, control, assistance or rehabilitation undertaken by the sectors, agencies or organizations authorized to do so vis-à-vis those who engage in prostitution or debauchery or are exposed.
Article 499
The penalties prescribed in the preceding article shall be brought to the imprisonment of two to ten years and a fine of from 10,000 to 2,000,000 dirhams when:
1) the offense was committed against a minor under the age of eighteen years;
2) the offense was committed against a person in a difficult position because of his age, illness, disability or physical or mental weakness, or against a pregnant woman, her pregnancy was apparent or known by the guilty;
3) the offense was committed against several persons;
4) the offender is a spouse or a member of one of the categories enumerated in Article 487 of this Code;
5) the offense was caused by stress, abuse of authority, or fraud, or when on the means of photographing, filming or recording was used.
6) the offense is committed by a person who, because of its function, to participate in the fight against prostitution or debauchery [193], protection of health and youth, or maintenance of the public order;
7) the offender was carrying a weapon or latent;
8) the offense was committed by several people as perpetrators, conspirators or accomplices without constituting a band;
9) the offense was committed through messages sent through the media or to an unrestricted public or specific individuals.
Article 499-1
Offenses under section 499 above shall be punished by imprisonment of ten to twenty years and a fine of 100,000 to 3,000,000 dirhams if committed by a conspiracy [195].
Article 499-2
Offences under sections 499 and 499-1 are punishable by life imprisonment if committed by torture and barbarous acts [196].
Article 501
Is punished by imprisonment of four to ten years and a fine of five thousand to two million dirhams anyone who has committed himself or through a third party, one of the following:
1) own, manage, operate, manage, finance or participate in the financing of a local or an institution usually for debauchery or prostitution;
2) own, manage, operate, manage, finance or participate in the financing of any facility open to the public or usually frequented by the public by accepting the usual presence of a person or group of persons engaged in debauchery or in prostitution or looking for clients for this purpose within the institution or its annexes, by tolerating such practices, or promoting sex tourism;
3) to the premises or locations not used by the public or make available one or more persons that they should be for debauchery or prostitution.
The same penalty applies to the assistants of the aforementioned persons to previous paragraphs of this article. In all cases, the decision must order the withdrawal of the license which the convicted person is a beneficiary. He may also order the temporary or permanent closure of the local.Morocco Penal Code
THE LABOUR CODE
Article 10.
It is forbidden to requisition employees for forced labor or against their will.
Article 12
Anyone who contravenes the provisions of Article 10 above shall be liable to a fine of between 25,000 and 30,000 dirhams.
Recidivism is punishable by a fine of twice as much and imprisonment of six days to three months or one of these two penalties only.
ENGEN REPORT
Paragraph 21 (Morocco Protectorate)
‘The public [slave] markets were prohibited in 1913 and in 1917 the adouts were prohibited by a dahir to register any deeds of sale relating to slaves.’
LAW 27.14 ON THE PREVENTION OF HUMAN TRAFFICKING 2016
Section VI of Trafficking in Human Beings
Article 448.1
Trafficking in human beings shall mean the recruitment, training, transportation, transfer, harbouring, receipt or brokering of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception or of the abuse of power, of position or of authority or of the exploitation of a position of vulnerability or of a position of vulnerability, need or insecurity, or by giving or receiving sums of money or benefits to obtain the consent of a person having authority over another person for the purpose of exploitation.
It is not necessary to resort to any of the means provided for in the first subparagraph above in order for the crime of trafficking in human beings to be considered to be committed in respect of children under the age of 18 years, provided that it is established that the aim pursued is the exploitation of the said children.
Exploitation shall include all forms of sexual exploitation, in particular exploitation of the prostitution of others and exploitation through pornography, including by means of computer communication. Exploitation shall also include exploitation through forced labour, servitude, begging, slavery or practices similar to slavery, the removal of or traffic in human organs or tissue, exploitation through medical experimentation or research involving living beings, or exploitation of a person for criminal purposes or in armed conflict.
Exploitation may be invoked only when it has the effect of alienating the will of the person and depriving him/her of the freedom to change his/her situation and undermining his/her dignity by any means whatsoever, even if he/she has received consideration or remuneration for this purpose.
Forced labour within the meaning of this Law means any work or service exacted from a person under threat and for the performance of which he or she has not volunteered. Forced labour does not include work required for the performance of compulsory military service, work required as a consequence of a judicial sentence or any work or service required when a state of emergency is declared.
Article 448.2
Without prejudice to more severe penal provisions, any person who commits the offence of trafficking in human beings shall be punished by imprisonment for five to ten years and a fine of 10,000 to 500,000 dirhams.
Article 448.3
Without prejudice to more severe penal provisions, the penalty for trafficking in human beings shall be increased to imprisonment from 10 years to 20 years and a fine from 100,000 to 1,000,000 dirhams in the following cases:
1-where the offence is committed under threat of death, assault, torture, kidnapping or defamation ;
2-when the perpetrator of the offence was carrying a visible or hidden weapon;
3-where the offender is a public official who abuses the authority vested in him or her to commit or facilitate the commission of the offence;
4-when the victim has suffered a permanent disability or an incurable organic, psychological or mental illness as a result of the exploitation to which he or she has been subjected as a result of the offence of trafficking in human beings;
5-where the offence is committed by two or more persons as perpetrators, co-perpetrators or accomplices;
6- when the offender has acquired the habit of committing the offence;
7- when the offence is committed against several persons in a meeting.
Article 448.4
The offence of trafficking in human beings shall be punished by imprisonment from 20 to 30 years and a fine from 200,000 to 2,000,000 dirhams in the following cases:
1- When the offence has been committed against a minor under eighteen years of age ;
2- When the offence is committed against a person in a difficult situation due to age, illness, disability or physical or psychological weakness, or against a pregnant woman, whether her pregnancy is apparent or known to the perpetrator;
3- When the perpetrator of the offence is the victim’s spouse, one of her ascendants or descendants, her guardian, her kafil, responsible for looking after her or having authority over her.
Article 448.10
Anyone who, while knowingly knowing that it is the offence of trafficking in human beings, receives a service, benefit or work from a victim of trafficking in human beings, shall be punished by imprisonment for one to five years and a fine of 5,000 to 50,000 dirhams.
The penalty is doubled if the trafficked person is a minor under the age of 18.
Article 448.14
A victim of trafficking in human beings shall not be held criminally or civilly liable for any act committed under threat, where such act is directly related to the fact that he or she is personally a victim of trafficking in human beings, unless he or she has committed an offence of his or her own free will without being under threat.
CRIMINAL CODE AS AMENDED BY THE LAW 27.14 ON THE PREVENTION OF HUMAN TRAFFICKING 2016
Section VI of Trafficking in Human Beings
Article 448.1
Trafficking in human beings shall mean the recruitment, training, transportation, transfer, harbouring, receipt or brokering of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception or of the abuse of power, of position or of authority or of the exploitation of a position of vulnerability or of a position of vulnerability, need or insecurity, or by giving or receiving sums of money or benefits to obtain the consent of a person having authority over another person for the purpose of exploitation.
It is not necessary to resort to any of the means provided for in the first subparagraph above in order for the crime of trafficking in human beings to be considered to be committed in respect of children under the age of 18 years, provided that it is established that the aim pursued is the exploitation of the said children.
Exploitation shall include all forms of sexual exploitation, in particular exploitation of the prostitution of others and exploitation through pornography, including by means of computer communication. Exploitation shall also include exploitation through forced labour, servitude, begging, slavery or practices similar to slavery, the removal of or traffic in human organs or tissue, exploitation through medical experimentation or research involving living beings, or exploitation of a person for criminal purposes or in armed conflict.
Exploitation may be invoked only when it has the effect of alienating the will of the person and depriving him/her of the freedom to change his/her situation and undermining his/her dignity by any means whatsoever, even if he/she has received consideration or remuneration for this purpose.
Forced labour within the meaning of this Law means any work or service exacted from a person under threat and for the performance of which he or she has not volunteered. Forced labour does not include work required for the performance of compulsory military service, work required as a consequence of a judicial sentence or any work or service required when a state of emergency is declared.
Article 448.2
Without prejudice to more severe penal provisions, any person who commits the offence of trafficking in human beings shall be punished by imprisonment for five to ten years and a fine of 10,000 to 500,000 dirhams.
Article 448.3
Without prejudice to more severe penal provisions, the penalty for trafficking in human beings shall be increased to imprisonment from 10 years to 20 years and a fine from 100,000 to 1,000,000 dirhams in the following cases:
1-where the offence is committed under threat of death, assault, torture, kidnapping or defamation;
2-when the perpetrator of the offence was carrying a visible or hidden weapon;
3-where the offender is a public official who abuses the authority vested in him or her to commit or facilitate the commission of the offence;
4-when the victim has suffered a permanent disability or an incurable organic, psychological or mental illness as a result of the exploitation to which he or she has been subjected as a result of the offence of trafficking in human beings;
5-where the offence is committed by two or more persons as perpetrators, co-perpetrators or accomplices;Note: The government enacted anti-trafficking law 27.14 in September 2016, which prohibits all forms of trafficking. The law prescribes penalties of five to 30 years imprisonment, which are sufficiently stringent, consistent with the UN Convention Against Transnational Organized Crime, and commensurate with other serious crimes, such as rape.
6- when the offender has acquired the habit of committing the offence;
7- when the offence is committed against several persons in a meeting.
Article 448.4
The offence of trafficking in human beings shall be punished by imprisonment from 20 to 30 years and a fine from 200,000 to 2,000,000 dirhams in the following cases:
1- When the offence has been committed against a minor under eighteen years of age ;
2- When the offence is committed against a person in a difficult situation due to age, illness, disability or physical or psychological weakness, or against a pregnant woman, whether her pregnancy is apparent or known to the perpetrator;
3- When the perpetrator of the offence is the victim’s spouse, one of her ascendants or descendants, her guardian, her kafil, responsible for looking after her or having authority over her.
Article 448.10
Anyone who, while knowingly knowing that it is the offence of trafficking in human beings, receives a service, benefit or work from a victim of trafficking in human beings, shall be punished by imprisonment for one to five years and a fine of 5,000 to 50,000 dirhams.
The penalty is doubled if the trafficked person is a minor under the age of 18.
Article 448.14
A victim of trafficking in human beings shall not be held criminally or civilly liable for any act committed under threat, where such act is directly related to the fact that he or she is personally a victim of trafficking in human beings, unless he or she has committed an offence of his or her own free will without being under threat.
FAMILY CODE 2016
Article 4
Marriage is a pact based on mutual consent with a view to establish a legal and lasting union between a man and a woman. He has life in reciprocal fidelity, purity and the foundation of a stable family under the direction of both spouses, in accordance with provisions of this Code.
Article 10
Marriage is concluded by mutual consent (Ijab and Quaboul ) of two contractors, expressed in established terms or with the help of any expression admitted by language or usage.
For anyone who is unable to express themselves orally, the consent is validly written down if the interested party can write, if not with a sign understandable by the other party and by two adoul .
Article 11
The consent of both parties must be :
- expressed verbally, if possible, otherwise in writing or by any understandable sign;
- concordant and expressed forthwith;
- decisive and not subject to a deadline or condition suspensive or resolutory .
Article 12
Are applicable to the marriage certificate vitiated by coercion or by dol, the provisions of Articles 63 and 66 below .
Article 13
The conclusion of the marriage is subject to the following conditions :
1) the capacity of the husband and wife;
2) the lack of agreement on the abolition of the Sadaq (the dowry);
3) the presence of the matrimonial guardian (Wali), in the event that the latter is required by this Code;
4) the acknowledgment by the two adoul of the consent of the two spouses and its consignment;
5) the absence of legal impediments .
Article 17
The marriage is concluded in the presence of the contracting parties.
However, a power of attorney may be given for this purpose, upon authorization the family judge in charge of the marriage, under the following conditions:
1) the existence of special circumstances preventing the principal from conclude the marriage in person;
2) the mandate must be established in the authentic form or under signature private with the legalized signature of the principal;
3) the agent must be of legal age, have full civil capacity and meet the conditions of guardianship in the event that it is mandated by the guardian matrimonial ( wali );
4) the principal must indicate in the mandate the name of the other spouse, his description and information relating to his identity, as well as any information that he considers useful to mention;
5) the mandate must mention the amount of the Sadaq (the dowry) and in specify, if applicable, what must be paid in advance or in the future. The principal can fix the conditions that he wishes to introduce in the act and the conditions of the other party, accepted by him;
6) the warrant must be endorsed by the aforementioned family judge, after he has ensured that it complies with the required conditions.
Article 19
Marital capacity is acquired, for the boy and the girl enjoying of their mental faculties, at the age of eighteen Gregorians .
Article 20
The family judge in charge of the marriage may authorize the marriage of the boy and girl before the expected age of marital capacity
Article 19 above, by reasoned decision specifying the interest and the reasons justifying this marriage. He will have heard, beforehand, the parents of the minor or its legal representative. Likewise, he will have had an expertise carried out medical or social inquiry.
The judge’s decision authorizing the marriage of a minor is not subject to no recourse .
Article 21
The minor’s marriage is subject to the approval of his legal representative .
The approval of the legal representative is confirmed by his signature affixed, with that of the minor, on the marriage authorization application and by his presence during the establishment of the marriage certificate .
When the legal representative of the minor refuses to grant his approval, the family judge in charge of the marriage rules on the subject .
Article 24
Matrimonial guardianship ( wilaya ) is a right that belongs to the women. The adult woman exercises this right according to her choice and her interest .
Article 25
The adult woman can contract her own marriage or delegate for this purpose his father or one of his relatives.
CHAPTER ONE: PERPETUAL IMPACTS
Article 36
It is prohibited, for reasons of kinship, the marriage of the man with his ascendants and descendants, the descendants of his ascendants in first degree, first degree descendants of each ascendant to infinity .
Article 37
Is prohibited, because of kinship by marriage, the marriage of the man with the ascendants of his wife from the conclusion of the marriage and with the descendants of the wife on condition that the marriage with the mother has been consumed, to all degrees, with the ex-wives of the ascendants and descendants from the conclusion of the marriage .
CHAPTER II: TEMPORARY IMPACTS
Article 39
The following are prohibited under temporary impediments :
1) simultaneous marriage with two sisters or with a woman and her paternal or maternal aunt, by descent or breastfeeding ;
2) the fact of having both a number of wives greater than that legally authorized ;
3) marriage in the event of divorce of the two spouses three times in succession, as long as the woman has not completed the period of emptiness ( Idda ) following a marriage concluded and legally consummated with a other spouse .
The marriage of a divorced woman to a third party cancels out the effect of the three divorces with the first spouse; marriage again with the first spouse can be the subject of three new divorces ;
4) marriage of a Muslim to a non-Muslim and marriage of a Muslim with a non-Muslim, unless she belongs to the people of the Book ;
5) marriage with a married woman or in period of widowhood ( Idda ) or continence ( Istibrâ ).
Article 40
Polygamy is prohibited when an injustice is to be feared towards wives. It is also prohibited when there is a condition of the wife by virtue of which the husband undertakes not to add a other wife .
Article 50
The marriage certificate, in which the elements required for her constitution are met, which satisfies the conditions of validity and which is not vitiated by any impediment, is deemed valid and produces all its effects in terms of rights and duties established by law between the two spouses, children and relatives, as set out in this Code
Article 56
An invalid marriage is either null or flawed .
Article 57
Marriage is void :
1) when one of the elements referred to in Article 10 above is default ;
2) when there is one of the impediments between the spouses marriage referred to in Articles 35 to 39 above ;
3) when the consents of both parties are not concordant .
Article 58
The court declares the marriage null and void by virtue of the provisions of Article 57 above, as soon as he becomes aware of it or at the request of anyone concerned. This marriage, after consummation, gives the right to Sadaq and entails the obligation of Istibrâ (the continence retreat). If the marriage was concluded in good faith, it also produces the right to parentage and entails the impediments to marriage due to the alliance .
Article 59
The marriage is tainted with vice when, under Articles 60 and 61 here- afterwards, one of the conditions of its validity is not fulfilled. The wedding stale can, depending on the case, be terminated before consumption and validated after this or terminated before and after consumption .
Article 60
A marriage tainted with vice is terminated before its consummation; in in this case, the woman is not entitled to Sadaq when the legal conditions related are not met. When the consummation of marriage has took place, the marriage is validated by means of the Sadaq (the dowry) of parity that the fixed court according to the social background of each spouse .
Article 61
Marriage tainted with vice, because of the act, is terminated before and after its consumption in the following cases :
– when the marriage is concluded when one of the spouses is reached a disease known to be fatal, unless the patient recovers spouse ill after marriage ;
– when the husband aims to make lawful the takeover of the ex-wife in marriage by her previous husband after three successive divorces ;
– when the marriage was concluded without a matrimonial guardian (Wali ), if his presence is compulsory .
Divorce under judicial supervision or judicial divorce is valid which occurred in the preceding cases before the judgment pronouncing the termination of marriage .
Article 62
When consent to marriage has a time limit or depends on of a suspensive or resolutory condition, the provisions of Article 47 above are applicable .
Article 63
The spouse who has been the subject of coercion or fraud that led him to accept the marriage, or of facts expressly stipulated as a condition in the marriage certificate, may request the termination of the marriage before or after consumption within a maximum period of two months. This delay runs from the day on which the constraint is lifted or from the date of knowledge of fraud. The injured spouse can also claim compensation
Article 66
Deceitful maneuvers to obtain authorization or certificate of competence referred to in paragraphs 5 and 6 of the previous Article or the fact of evading these formalities, expose their author and his accomplices to the sanctions provided for in Article 366 of the penal code and this, at the request of the injured party .
The spouse, victim of fraudulent maneuvers, can request termination of the marriage and claim compensation for the damage suffered