Country Analysis: Morocco

Constitution
The Moroccan Constitution of October 7, 1996 declares that men and women have equal rights. The first section consecrates freedom of all Moroccan citizens, which is then cemented in Article 5, which states that all Moroccans are equal. Article 8 of the constitution certifies this equality regardless of gender; “men and women enjoy equal political rights."

Nationality Law
Moroccan nationality law denies women the right to pass on their nationality to their children, with the exception of cases whereby the father is unknown or without a nationality in order to uphold the universal right of a nationality to all the children.

However, Moroccan women married to non-nationals can confer their nationality on their children. To this end, children should be Moroccan residents and should apply for the nationality two years before reaching consensual age.

Commitment and reservation to the Treaties
Morocco joined The International Pact of Civil and Political Rights in May 3, 1979 and did not register any reservations.

In 1993, Morocco also joined The Convention on the Elimination of All Forms of Discrimination against Women and expressed some reservations.

Upon its amendment of the CEDAW treaty, Morocco had reservations regarding Clause 2 of Article 9, which declares: The participant countries provide women the same rights as men regarding the children's nationality.
Morocco also held reservations to Article 2 (arrangements took by the states), Clause 4 of Article 15 (freedom of movement and the right to choose a residence), Clause 2 of Article 9 (right to pass on nationality), Article 16 (equity in marital rights and duties between men and women) and Article 29 (solving crises).

Morocco argued that all its reservations were due to the treaty's discordance with Islamic Jurisprudence.

Personal Story
X is a Moroccan woman aged 40 who married her husband, an Egyptian in 1990.

“My husband and I first met at university. Initially my parents opposed the marriage but eventually they consented when they realized we would stay and live here. When we married we had no idea my husband’s status as a foreigner would be a problem. Naively we assumed he would automatically receive Moroccan citizenship and he applied very soon after the wedding. We’ve been waiting now for fourteen years to hear back from the authorities. They just delay and delay.

Perhaps if I had known how hard life would be without my husband having my nationality I might have reconsidered marrying him even though we’ve had a strong relationship. Without citizenship he has never been able to get the sort of job he deserves given his qualifications. After all, he has a university degree, training and a specialization. Instead he’s been lucky to find occasional part time work. This has had a huge impact on our income.

The biggest shock however was when my daughter was born.  I didn’t think twice when I went to register her name in the civil status registry but once the officials realized my husband was a foreigner, they wouldn’t accept her. I was overcome with distress. Here was my newborn baby daughter and yet the state wouldn’t recognize her. This tragedy continues. My daughter is now 15 and the government security department says she has to apply for a ‘residence permit’ and that I have to prove she’s my daughter.  Can you imagine that?  She was born here, she’s lived here all her life, her mother is Moroccan and yet she isn’t recognized by the state as a citizen. It’s very unfair because if my husband was Moroccan and I was a foreigner the State would recognize our children without question.  As it is my children have suffered a lot.  They are constantly reminded of their reduced status at school, at the doctor’s, wherever there is a need for official paperwork.  This leaves them feeling as if they don’t belong, as if they are alienated and unwanted.       

It’s been a very lonely experience.  There is no one in my family who can help because I’m the only one who has ever experienced such a thing. I have had to shoulder these responsibilities alone.  Luckily, the relationship that binds me to my husband is a source of inner peace which smoothes these material problems away.

Thanks to ADFM (ADFM is a Moroccan based local NGO that advocates for women’s rights), I started to participate in a working group that advocates for changes in the Nationality Law. This has helped me see that I’m not alone and that there are many other Moroccan women married to non-nationals.  Of course the solution lies in changing the law. The Nationality Law must allow Moroccan women married to non-nationals to transmit their nationality to their children. In the interim we have suggested a few measures to alleviate the sufferings of children, such as reducing the naturalization age from 19 to 15 and ensuring the process becomes automatic.”

Recent developments in the Nationality and Law – efforts of the campaigners
In Morocco, several women's groups have been working with some political parties on the issue of nationality to ensure women the right to transfer nationality to their children.  Consequently a bill will be debated in parliament in October 2005.
In July 2005, the Moroccan authorities held the government charged for the amendment of the Nationality Legislations.

The ratification of the family code in Morocco was an important step as regards women’s rights and allowed women to acquire fundamental rights in terms of equality with men in catering for the needs of the family as well as other matters that rehabilitated the Moroccan woman.

Nevertheless, ADFEM is still campaigning for the revision of article 6 of the Moroccan Law 1950, to grant women their right to pass the nationality to her non-national husbands and children.