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Law regarding same-sex sexual activity

Article 489 of the Penal Code of Morocco criminalises "lewd or unnatural acts with an individual of the same sex".[2] Same-sex sexual activity is illegal in Morocco and can be punished with anything from six months to three years' imprisonment and a fine of 120 to 1,200 dirhams.[3][4]

The Moroccan government uses the law as a way to police members of the LGBT+ community. When one is arrested in Morocco for a suspected homosexual act, their name becomes publicized outing the individual regardless as to whether they are homosexual or not.[5] However, the law is sporadically enforced by the authorities,[4] with a degree of tolerance extended to homosexuality in the holiday resorts like Marrakesh.[4] The legal status of LGBT people living in Morocco stems largely from traditional Islamic morality, which views homosexuality and cross dressing as signs of immorality.[6]

In 2016, two girls were arrested in Marrakesh after one's cousin took a photo of them kissing. This sparked international outcry and the use of the hashtag #freethegirls. Their case was postponed until December 2016.[7] In early December 2016, the two girls were acquitted.[8]

In May 2019, in the evaluation by the Parliamentary Assembly of the Council of Europe on the partnership with the Moroccan Parliament in the framework of the Partnership for Democracy Status, the Parliamentary Assembly called upon the Moroccan Parliament to stop enforcing "the provisions of the Criminal Code that criminalise sexual relations between adults of the same sex or between adults of different sexes who are not related by marriage" until their repeal.[9][10][11][12]

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All the articles featured in this magazine are about the plight of LGBTI people in Gambia, Africa and the world. Copyright remains the property of the contributors and sources. GayPride Gambia does not claim ownership. Commons license rights asserted.

3 Comments

  • Yahya Jammeh News

    21 November, 2014 1:47PM EST

    ' Gambia: Life Sentence for 'Aggravated Homosexuality'

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  • Yayah Toure

    November 18, 2014 12:00 am

    Gambia must stop wave of homophobic arrests and torture.

    Reply
    • Yasmin Amin

      Tue 9 Sep 2014 00.18 BST

      Gambia's president threatens to slit the throats of gay men.

      Reply