Morocco

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The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Morocco


This project was funded, in part, through the Department of State, Bureau of Near Eastern Affairs, Office of Middle East Partnership Initiative (MEPI) under Cooperative Agreement number S-NEAPI-10-CA-297. The opinions, findings and conclusions or recommendations expressed herein are those of the Author(s) and do not necessarily reflect those of the Department of State. MEPI partners with local civil society organizations, community leaders, youth and women activists, and private sector groups to advance their reform efforts in 18 countries and territories. MEPI’s approach is bottom-up and grassroots, responding directly to local interests and needs. In the wake of the Arab Spring, MEPI has significantly increased support to countries undergoing democratic transitions – supporting free and fair elections, the expansion of civil society, and a greater voice for citizens in shaping their political, economic, and legal systems.


The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Dea r Reader, It is with great pleasure that I introduce the Policy Advocates for Women’s Issues in the Middle East and North Africa Region (MENA) case studies on behalf of Vital Voices Global Partnership. This set of case studies shows the impact of women’s leadership on their communities during a time of unprecedented transition. We know that a country cannot prosper if half its population is not enlisted in its development. These studies demonstrate women’s contributions and represent their ongoing commitment to jointly shape the future of their countries. The following five stories document advocacy campaigns that were part of the twoyear Policy Advocates program, which was supported by the U.S. Department of State Middle East Partnership Initiative (MEPI). This program was launched just days after the fall of President Hosni Mubarak in Egypt, one of the many milestones of the Arab Spring, and continued throughout one of the most important transitional periods in the region, concluding in October 2012. Working with women leaders, and men, in MENA during this historic time of uncertainty has lent Vital Voices a distinct perspective on the nuances of the region’s social, political, and economic shifts and women’s role in navigating this new landscape to advance specific objectives for their communities. These case studies share the best practices and lessons that emerged from dynamic advocacy campaigns. We hope that they will provide insight into the contribution of women in the region and demonstrate the importance of empowering women leaders. With Vital Voices’ continued support, these women, and others like them all over the world, have a huge impact on their community, their country, and on future generations of women leaders. Empowering women as leaders is a fundamental and strategic value of Vital Voices. These five stories provide evidence of the real outcomes that come from investing in women leaders who improve their societies, and ultimately our world. Sincerely,

Alyse Nelson President & CEO Vital Voices Global Partnership

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The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Introducing “A Journ ey Through Transition” When Vital Voices first began implementation of the Policy Advocates for Women’s Issues in the Middle East and North Africa (MENA) Region program in the fall of 2010, the umbrella program under which each of these country projects took place, the world was a very different place than it is today. In August of 2010, governments throughout the MENA region still stood strong. There was no such thing as the Arab Spring, and the advocacy project that was just being launched was formulated with that political environment in mind.

Little did anyone know that in December 2010 the region would embark on one of the most important journeys in history. At Vital Voices, the MENA team was glued to their computers, watching the news, talking to people on the ground, and trying to navigate this new world; the team knew these events would have a huge impact on their work forever. Eight days after the fall of President Mubarak in Egypt, on February 20, 2012, Vital Voices convened 40 women and men from ten countries across the MENA region in Amman, Jordan to launch the project. These participants, selected through an open application process and selected through a careful process to bring together civil society, business, and the government, came together to receive training on advocacy skills, leadership, and media. They learned from one another, and developed plans to implement advocacy projects in their own countries based on issues they identified as critical for women in their communities. Teams from Yemen were inspired by the stories of the Egyptian delegation, and everyone solemnly acknowledged the inability of the Bahraini delegation to leave their country. It was a time of great uncertainty and an opportunity to embrace a new future. Over the last two years, Vital Voices has worked closely with each of the country delegations to strategically plan and implement their advocacy campaigns. Each team targeted a critical issue affecting women in their countries, identified its solution, and collaborated to make that solution a reality. With the technical and financial support of Vital Voices and US Department of State Middle East Partnership Initiative (MEPI), each of the country teams embarked on their own journey to make change in their communities. These case studies tell the stories of each of those teams, highlighting the unique political and social implications within the MENA region and showcasing the amazing achievements, as well as the real challenges, each team has faced. The stories contained within are the stories of women and the impact they can have.

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The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

About the Policy Advocates for Women’s Issues in the MENA Region program

The Policy Advocates for Women’s Issues in the MENA Region program convened representatives of the public and private sectors and civil society to embark on campaigns to improve the lives of women in their home countries. The program included teams from Tunisia, Kuwait, Yemen, Oman, Lebanon, Egypt, Morocco, Jordan and the UAE, which received training on advocacy, teambuilding, social media and program management. This training empowered teams to develop action plans for advocacy on women’s issues. Each campaign was unique; teams independently created campaigns that affected policy, procedural or legislative decisions in their home countries, based on the issues they identified as crucial for women in their communities. Drawing on the present atmosphere of change in the Middle East and North Africa, the campaigns emphasized the critical roles that women play in the creation of a new future for the region.

About Vital Voices Global Partnership

Vital Voices Global Partnership (Vital Voices) is a preeminent international non-governmental organization (NGO) dedicated to improving the political, economic and social status of women. It began as the U.S. government’s successful Vital Voices Democracy Initiative, established in 1997 by then-First Lady Hillary Rodham Clinton and former Secretary of State Madeleine Albright to promote the advancement of women as a U.S. foreign policy goal. In 2000, Vital Voices became an independent organization. Vital Voices identifies, trains, and empowers emerging women leaders and social entrepreneurs around the globe, enabling them to create a better world for us all. The organization is headquartered in Washington, D.C. and has local Vital Voices chapters in 15 countries around the world. Our international staff and team of over 1,000 partners, pro bono experts and leaders, including senior government, corporate, and NGO executives, have trained and mentored more than 100,000 emerging women leaders from over 144 countries in Asia, Africa, Eurasia, Latin America and the Caribbean, the Middle East since 1997. Our Global Leadership Network consists of 12,000 members who in turn impact additional women, men, and children in their communities. Vital Voices has worked in the MENA region for more than eleven years and has built extensive networks and partnerships with local business leaders, civil society organizations, judges, lawyers, educational institutions, and individual leaders. Vital Voices has worked to build the capacity, connections, and credibility of women in the region for political participation, economic development, public-private partnership, and business entrepreneurship.

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The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Morocco In 2004, the government of Morocco passed the historic Moudawana (Family Code) due to the efforts of many women’s rights organizations, scholars, jurists and activists.1 The new Moudawana gave husbands and wives equal rights and duties in the family, allowed women to initiate divorce proceedings, raised the legal marriage age to 18 for both sexes, and gave women greater custody rights of children.2 Although improvements to the Moudawana were lauded around the world and throughout the MENA region, gaps remained for women and girls within the Moroccan legal system. Among these gaps is the legal exception in Article 20 of the Moudawana that allows judges to use their “judicial discretion” to allow minors to be married.

This provision is often used in rural areas and in poverty-stricken areas to pull young girls from school and force them into marriage. Conservative judges at times justify a conservative reading of religious texts to allow underage girls to marry. According to the Ministry of Justice, the number of underage marriages rose from 30,000 to 34,000 between 2009 and 2011.3 According to some scholars, this rise is due to a return to conservative thought, despite breakthroughs in legal reform.4 Having seen the devastating effects of underage marriage in Morocco, especially domestic violence, rape, divorce and sometimes suicide,5 the Moroccan Policy Advocates team came to the Vital Voices Advocacy Workshop in Amman, Jordan in February 2011 ready to advocate for an end to this judicial discretion.6 The team’s goals were to raise awareness about the

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dangers of child marriage through a media campaign and lobby among policy-makers for the elimination of the judicial discretion exception. With partner organizations such as the Isis Center for Women and Development, National Union of Women’s Organizations, South North Center, news outlets, private companies and advocates within government agencies, the team planned to ask the government to make a procedural decision to translate and publish marriage documents in all national and spoken languages (Moroccan Arabic and Berber/Amazigh) and require judges to review the birth certificates of young women before allowing them to be married. In Morocco, after the February workshop, an initial team meeting brought together additional members

1

Morocco Adopts Landmark Family Law Supporting Women’s Equality,” Women’s Learning Partnership (WLP), “ February 24, 2004, http://www.learningpartnership.org/lib/morocco-adopts-landmark-family-law-supportingwomen%E2%80%99s-equality

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The Moroccan Family Code (Moudawana) of February 5th 2004 : An unofficial English translation of the original Arabic “ text,” Global Rights, 2005, http://www.globalrights.org/site/DocServer/Moudawana-English_Translation.pdf?docID=3106

3

assan Shami, “Report on Democratization in Morocco in 2011,” Civilized Dialogue, April 22, 2012, H http://www.ahewar.org/debat/show.art.asp?aid=304483

4

Fatima Sadiqi, telephone interview by Christie Edwards, August 25, 2012.

5

oha Ennaji, “Fighting Violence Against Women in Morocco: Theory and Practice,” in Femmes Marginalisées et Insertion M Sociale, ed. Fatima Sadiqi (GTZ Maroc and Ford Foundation, 2010), 79-86

6

he team decided to focus specifically on Berber communities in rural areas, which have some of the highest rates of T early marriage.


The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Members of the team and local experts lead a workshop on the dangers of early marriage

from Casablanca, Rabat, Tetouan and Fès. During the meeting, members identified several key priorities for the project, including collecting data; conducting detailed research on key stakeholders; organizing workshops and conferences to target key stakeholders such as judges, lawyers, families and youth associations; and launching a national media campaign to inform the public about the importance of this issue and the need for change. In October and November 2011, the team collected data on forced and early marriages and began to identify and reach out to affected families or individuals. They specifically focused on rural schools and marginalized districts, including rural areas surrounding Fès, where early marriage is still a common practice. Through the research, the team learned that there is significant social pressure for girls in rural districts to be married as early as possible and they often face complete economic marginalization if they are not married. They also found that the problem of early marriage exists in urban districts as well as rural areas. The team began contacting the Ministries of Education, Health,

Justice, Family and Solidarity, targeting outreach towards specific Members of Parliament and decision-makers who were supportive of changing the status quo regarding early marriage. They found that mobilizing key stakeholders including youth, judges and lawyers was a significant challenge. On some occasions, judges needed the permission of the Ministry of Justice in order to participate in the campaign. The team learned that personal contact is important, proximity strategy is helpful and that clubs and associations are very helpful in making additional contacts. They actively visited judges and lawyers associations and clubs and identified contacts in decisionmaking roles. Relationships with these lawyers later proved to be helpful to the campaign as the lawyers supported the cause, shared information on their early marriage cases with the team and demonstrated how difficult it was to convince parents not to force their daughters into early marriage. The team also sought to raise awareness among the general public, especially with girls and their families, of the dangers of early marriage. The team published four articles in major 5


The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

Moroccan newspapers speaking to the harm caused by early marriage and the importance of protecting children from facing this devastating circumstance. The article “Dilemma Over Early Marriage and Attempt at Circumventing the Law” addressed the issue of early marriage from social, economic and cultural perspectives, as well as provided tangible solutions for combating the increase of early marriages in Morocco.7 Articles and discussions on early marriage also began appearing on blogs, online journals and forums. To support the campaign, the team established a social media presence to reach additional people, with a special emphasis on youth. During the winter of 2011 and spring of 2012, the team facilitated a series of four workshops in and around communities where child marriage is common. The workshops targeted a broad spectrum of individuals and organizations including youth, intellectuals, policy makers and women’s advocacy organizations such as the National Union of Women’s Organizations, the Isis Center and the North South Center. They provided key information on the dangers of early marriage for young women, tailoring the message to respond to the specific challenges within each community. The first workshop, entitled “The Family Code and Underage Marriage of Girls,” December 24, 2011 in Martil, Morocco centered around criticisms of the Moudawana and resulted in both consensus on the negative effects of underage marriage and a concrete list of recommendations that the state, society and families could implement to better protect girls’ honor and dignity. The second workshop was held on January 28, 2012 in Fès, Morocco. Entitled “The Application of the Family Code and Early Marriage,” it was organized by the Isis Center and 6

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the South North Center. The Policy Advocates team explained the harms of early marriage, while jurists and Islamic scholars discussed the original intent of the Moudawana and the reasons why some people believed Islam authorized early marriage. Workshop participants also discussed the cultural specificities, customs and traditions in the Middle Atlas region, as well as the financial constraints that often led families to pressure their daughters into early marriage. The team again compiled a list of recommendations to present to Parliament at a later date. Following the first two workshops, the team published a series of reports in the news based on the findings of their research and recommendations from the workshop participants which were released in January and February 2012. Several interviews were also given on Radio Fès discussing the findings of the reports and promoting the work of the campaign. The third workshop was held on April 7, 2012 at the headquarters of the Amal Association in Midelt, a small city outside of Fès, to discuss the consequences of child marriage in small communities. The workshop, which targeted women and NGOs, focused on the implementation of the Moudawana and underage marriage. More than 100 people attended, including leaders from local NGOs like the Midelt Association for Development and the Teachers’ Local Association. Journalists from local newspapers reported on the workshop in addition to coverage on the associations’ websites and blogs. After this workshop, the campaign increased in intensity in light of the Amina Filali suicide in March 2012, which started a firestorm of public opinion in Morocco about the gravity of child marriage and violence against women. After 16-year-old Amina was allegedly raped, the court decided to dismiss the

oha Ennaji, “Dilemma Over Early Marriage And Attempt at Circumventing the Law,” Hespress, March 12, 2012, M http://hespress.com/writers/49442.html


The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

charges against the rapist if he agreed to marry her. Angered by this decision and desperate to escape her circumstances, Amina committed suicide shortly after her marriage.8 Many women’s NGOs joined forces with the campaign and others to ask for the elimination of Article 20 of the Moudawana that allows child marriage under judicial decree, as well as Article 475 of the Penal Code, which allows the rapist to marry his victim in order for the charges to be dismissed.9 As of September 2012, a national committee in Parliament was considering the proposal to eliminate these two articles.

Parliament using principles set forth in Morocco’s July 2011 Constitution, including equality between men and women, women’s emancipation and encouragement of women’s political participation at all levels. They next identified members of Parliament and other political leaders who supported their campaign and provided them with specific recommendations asking for the Moudawana and the Penal Code to be amended, including the revocation of Articles 20 and 475. A recently elected member of Parliament also agreed to take the workshop recommendations to the Parliament.

A fourth and final workshop was held on April 17, 2012 in Sefrou, Morocco. The workshop, entitled “Application of the Family Code and How to Combat Child Marriage,” sought to engage women’s NGOs. More than 40 representatives from various NGOs attended, including participants from the Sefrou Association of Women, the Association of Women and Development, the Tawada Cultural Association and the Addur Association for Development and Women’s Empowerment. Students also attended and contributed to the debate, which included topics on domestic violence, rape, forced marriage, divorce and suicide as a consequence of child marriage. At the workshop, the team made plans to organize an international conference in May 2012 on themes related to the Policy Advocates campaign. They also made plans to lobby for the reform of the Moudawana and the penal code. In light of the Amina Filali case, this workshop convinced many attendees of the urgency and seriousness of child marriage and the need to contact members of Parliament to reform the relevant laws.

Following the local conferences, the team broadened the scope of the campaign in a culminating event — an international conference titled “Underage Marriage: A Sociocultural and Legal Perspective.” At this conference, experts in national education, lawyers, judges and civil society actors discussed 10 topics, including the marriage of minors, violence against women and girls, a strategic review of family law, barriers to implementation of the Family Code, the causes and consequences of child marriage, the role of judges and lawyers in the application of the law, the role of media and education to inform and sensitize public opinion and the role of women’s and youth organizations.

As a result of their detailed research and community engagement during the workshops, the team sought to influence the newly elected

Over 400 people attended the conference, which was held May 5-6, 2012 at the Palais des Congrès of Fès. Representatives from six countries — Morocco, Niger, Kenya, Algeria, Tunisia and Mauritania — participated. Many important dignitaries, including the President of the International Union of Lawyers,10 also attended the conference. A presentation by a doctor who became a Parliamentarian on health problems related to early marriage sparked many questions and intense interest from the audience and the media. The conference

8

Morocco protest after raped Amina Filali kills herself,” BBC News, March 15, 2012, “ http://www.bbc.co.uk/news/world-africa-17379721

9

Morocco, Code Pénal, Article 475, 1963, http://adala.justice.gov.ma/production/legislation/fr/penal/Code%20Penal.htm

10

First Moroccan to become President of the International Union of Lawyers

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The Journey Through Transition: Stories of Women-Led Change in the Middle East and North Africa

had wide local and international media coverage, including the Moroccan TV Channel 2 and Spain’s Canal Sur, as well as radio and print media coverage. A significant argument raised at the international conference was that underage marriage is detrimental to young girls and that girls are better off in school. The team found that many conservative groups, conversely, think that underage marriage prevents young girls from becoming prostitutes. By the end of the campaign, the team convinced many conservative groups that underage marriage is not the best option for girls, and that an educated and intelligent girl is better than an illiterate, ignorant girl married to an older man. One of the greatest obstacles to campaign progress was a lack of support from the local authorities. For example, when the team wanted to post banners in some parts of Fès to publicize the campaign, the local authorities refused, claiming that the banners were not necessary. When the team told them that the campaign is a useful social and cultural activity that contributes to the city’s sustainable development, they relented and the team managed to post the banners in many parts of the city. This experience taught the team that with dialogue and persuasive communication, it is possible to achieve their goals.

government, they used their creativity to make their voices heard. For example, the government declined to sponsor or provide simultaneous translation for the conference. To solve this problem, the team engaged traditional media and utilized their Facebook pages. The recommendations and the reports of the campaign were published in national newspapers, local papers and on many blogs and websites. By the end of their campaign, the team succeeded in taking the issue of child marriage to the national level with the support of top-level judges and lawyers. They submitted their recommendations to the Ministry of Justice and to the Ministry of Family and Solidarity. Parliament has now discussed the issue of child marriage many times, and there is continued discussion about changing the law to protect girls from underage marriage. In their last meeting, the team agreed that they needed to pursue relevant advocacy issues and activities since the political atmosphere is changing rapidly. Organizations in southern Morocco have contacted the team and have expressed interest in joining the campaign since early marriage is also a significant issue in that region. The team will seek additional funding to continue their work since this is such a timely issue for Morocco and the region.

Although it was difficult for the team to retain ongoing support of the

Lessons Learned: 1) Use real-life examples or cases to increase campaign momentum 2) Engage high-level government leaders to champion the advocacy campaign 8


To learn more about Vital Voices and the women we work with in the Middle East and North Africa, visit www.vitalvoices.org or contact: mena@vitalvoices.org (email) 202.861.2625 (main) 202.296.4142 (fax)


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