The Feminist Fight for Legal Reform in Morocco

A Discussion on the Strategies Used to Bring about Positive Democratic Change

What strategies proved successful in bringing democratic change or liberalization to your country?

When it comes to legal reform and democratic transition, Morocco is a model for the region. Morocco’s experience in these areas has been the topic of many theories attempting to explain how change occurred. The interplay between top-down change (from the elites) or bottom-up (from the citizenry) is one of the most-used paradigms to analyze the road to change. However, many other factors have impacted the process of reform.

The feminist movement in Morocco emerged out of the nationalist movement which formed to combat the French occupation. The members of this political movement were advocating for a higher status for women as part of a broader fight for independence of Moroccans. Women’s rights advocates came from the educated and aristocratic elite. Priority was given to the achievement of Morocco’s independence.

After the independence of Morocco, the feminist movement continued to be associated with the political parties that were formed from the nationalist movement. Future political developments ultimately determined the direction of the feminist movement.

However, as an authoritarian regime took hold and Nationalists became marginalized from the government, Moroccans quickly became disillusioned with the hope of an independent Morocco with democratic institutions. Communist and Socialist movements and organizations emerged as the political opposition and drew much support from within universities and labor unions. The revolutionary ideal included the promise of freedom for Moroccan men and women. These leftist movements were the only actors pushing for a democratic transition in Morocco and advocating for reforms. They became the hosts of the feminist movement.

For the second time since its creation, the feminist movement became politicized and associated with the leftist political opposition in Morocco. Women’s rights continued to be just a chapter in the political agenda of these parties rather than an important end in itself.

This connection to a political movement formulated the ideology underlying the conception of women’s rights. Indeed, the movement borrowed causes from its nationalist leadership such as the support for Moroccan pan-Arab identity and the dream of independence and reform.

Eventually, supported by the leftists, the feminist movement became secular, focusing on promoting equality and achieving a clear separation between religion, tradition, and culture.

At the same time, an official version of feminism appeared with the creation of governmental associations which had the role of spreading activities throughout society that empowered women. These activities were not rooted in ideology and helped to weave the feminist movement into the existing system.

From the independence of Morocco until the early 1980s, the women’s rights movement was elitist in that it was directly connected to politics. The debate was ideological rather than pragmatic, and, therefore, there was no strong or direct connection between these elites and ordinary Moroccans, especially rural and illiterate who were a majority.  

The end of the so-called “years of lead,” [roughly the 1960s through the 1980s] referring to the period of extreme political repression in Morocco, was the prelude to a new feminist movement in Morocco.

The Second Wave of Emancipation: Social Feminism 

International pressure on the regime, exposure of human rights abuses, and the economic and social crises that Morocco was facing forced the regime to liberalize and to allow a certain level of freedom of expression among its citizens. This led to significant economic liberalization and modest democratic reforms, two conditions dictated by the World Bank and the IMF to grant assistance to Morocco. The scope of individual and civil liberties was broadened which therefore allowed for the formation of a civil society.  

During this period, many newly-formed associations targeted uneducated, rural, and vulnerable women, offering them basic assistance and guidance. In this way, the movement drew closer to its target population, becoming part of a familiar landscape.

The most revealing example during this time period was a campaign for one million signatures, launched in 1992 by the UAF (Union de l’Action Feminine), to denounce the unfairness of the Family Code. The campaign was successful and influenced the 1993 amendments to the Family Code.

Furthermore, the feminist associations gained autonomy and distanced themselves from official politics, even though they remained sympathetic and loyal to past alliances. This distance was a key factor in the qualitative transformation of the movement. Indeed, women’s rights activists became less susceptible to their political affiliations and became more focused on reforms.

The proliferation of feminist NGOs increased the popularity of the feminist movement and helped advocates to develop their knowledge and skills. But more importantly, the proximity to the target population perpetuated an accurate view of the real problems and obstacles encountered by women in the private and public sphere.

Another qualitative change of the movement was a new pragmatism towards the different elements of their cause. The feminist movement combined the universal value of equality as well as a progressive interpretation of Islam. In other words, the secularism which had characterized this movement for decades was abandoned in favor of the active promotion of a feminist Islam. This pragmatism reinforced the popularity of the movement among average citizens and created the possibility for broader appeal.      

The Democratic Transition and a New Family Code

In 1998, for the first time in the history of Morocco, a previously exiled political opposition member became prime minister and formed a government dominated by political opposition parties. The coronation of King Mohammed VI in 1998 and his speeches on the need to promote women’s rights gave hope to the feminist movement in Morocco. The empowerment of the political parties which had hosted the movement for decades was also a reason to be hopeful.

Therefore, a “Plan for the Integration of Women in Development” was issued by Minister Said Saadi and submitted by the Prime Minister Abdurrahman El Youssoufi to the World Bank. This progressive plan sought to realize gender equality within Moroccan society. The secular aspects of the plan were controversial, sparking public debate. Indeed, a demonstration of solidarity was organized in Rabat on March 12, 2000, consisting of more than 100,000 women’s rights activists, human rights activists, political party members, and six ministers. A few weeks later, a larger Islamist demonstration was organized in Casablanca to denounce the anti-Islamic and pro-Western values of the plan. The debate became public and the plan was finally withdrawn.

These two demonstrations revealed the polarization that characterized the Moroccan politics and society and the difficulty in finding a viable compromise. The King appointed a commission composed of a diverse group of thinkers (religious scholars, researchers, women’s rights activists, and lawyers) in order to draft a Family Code that conformed with Islam. The work of this commission was unique in the Moroccan context because it was the first time that intellectual elites from such disparate backgrounds had been assembled to work together to give an Islamic justification to each equalitarian and liberal amendment of the Family Code. This double approach was the key reason for the success of the amendment and, in 2004, Parliament approved the new Family Code.

The family is no longer placed under the leadership of the father. Spouses are mutually responsible for managing the household and the notion of women’s obedience is removed.

The woman no longer needs a “tutor” or a third party to grant her permission to marry.

The age of marriage for women increases from 15 to 18 years of age.

Polygamy is strictly controlled and must be authorized by a judge. Women may insert a clause in their marriage contract preventing the husband from taking additional wives.

Marriages taking place outside Morocco are recognized, provided that two witnesses present are Muslim.

Divorce proceedings can be initiated by women – previously they could only be initiated by the husband – and are subject to judicial supervision.  

Women can now ask for divorce for irreconcilable differences or any other reason and obtain it within six months. Before the reform, divorce could not be granted to a woman unless she proved (and provided witnesses) that she was suffering from physical harm.

A person is granted custody of a child only if there is guaranteed child alimony and appropriate living conditions for the child. Prior to the reform, living conditions were included in the alimony and were not explicitly addressed in the legal code.

Children born during the engagement period can be recognized and given the name of the father. Previously, recognition of paternity was impossible in the absence of marriage.

Grandchildren can now inherit from their maternal grandfather, whereas, before, they could only inherit from their paternal grandfather.

Spouses have the choice to decide, in a separate contract, on how common goods acquired during marriage will be shared and managed. In case of divorce or the husband’s death, the housewife can be compensated for the time and effort she dedicated to the household.   

The feminist movement in Morocco and its achievements revealed some lessons that can be applied to other countries of the region.

Constituents and Politicization

The association of the feminist movement with a political party has positive and negative aspects. While this association could strengthen the movement, for several reasons, it should be a temporary and practical arrangement. First, the movement’s mission can be watered-down or altered with affiliation to political parties. The feminist cause has been “betrayed” many times through alliances with certain political parties. Second, a political approach, very often associated with elitism, has its limits. Indeed, in Morocco, where democratic institutions and political participation were in their embryonic stages, and where the political game was (and is still) biased, civil society and civic mobilization remain the key tools to advocate successfully and to form a strong constituency.

Even in a structured political context, the political route remains risky. For instance, the polarization of the political landscape in Morocco led to government’s withdrawal of the “Plan for the Integration of Women in Development” mentioned above. The Moroccan feminist movement has learned through decades of advocacy how to better reach its target population and transform them into a strong constituency. It has also gained success by carefully framing the issues in a way that would provide broad appeal to their cause.

Understanding the Context

The feminist movement has adapted an ideological message that fits within the context of society and the times, thereby increasing its appeal and support. This became possible after the movement distanced itself from politics and reinforced its presence within the female community.  Indeed, women’s rights activists have realized that regardless of income, education levels, and political affiliations, Moroccan women share the same problems in the public and private spheres. The integration of the religious framework was also a crucial step by the feminist movement. In response to the emergence of the Islamist movements and to the inclusion of Islamic values as part of the broader Moroccan identity (the Constitution states that Islam is the official religion of Morocco), women’s rights advocates have promoted a progressive interpretation of Islam that has effectively defied the extremist movements. They have crafted a platform which includes universal values and standards of equality as religious values.

The Limits of the Democratic Transition

The polarization of the political field in Morocco threatens the sustainability of progressive and liberal democratic change. Many observers believe that the Islamist movement will win a majority of votes in the coming elections in Morocco. These predictions are bolstered by the withdrawal of the government’s pro-women development plan which was largely due to the lobbying of these conservative groups. Needless to say, the legal reforms were adopted, thanks to the King’s commitment. More recently, the King has announced a draft amendment to the Nationality Code thereby giving women the right to transfer their nationality to children whose fathers have a different nationality. The Parliament is in the process of considering this amendment.