CCME/Chikhaoui/2008

Council for the Council for the Moroccan Community Moroccan Community AbroadAbroad

Women of Morocco, Initiation of a Women of Morocco, Initiation of a Formal Equality towards aFormal Equality towards a

Substantive OneSubstantive One

Pr. CHIKHAOUI Naïma Pr. CHIKHAOUI Naïma Faculty of Arts and Humanities/ Rabat-AgdalFaculty of Arts and Humanities/ Rabat-Agdal

CCME/Chikhaoui/2008

Morocco under transition: a lesson Morocco under transition: a lesson to draw: to draw:

"By nature, any transitional gains are "By nature, any transitional gains are fragile and susceptible. Actors are called fragile and susceptible. Actors are called upon to persistently consolidate these upon to persistently consolidate these gains and preserve transition from the gains and preserve transition from the risks of regression" risks of regression"

Summary of the Report on 50 Years of Summary of the Report on 50 Years of Human Human Development and Perspectives to 2025Development and Perspectives to 2025

CCME/Chikhaoui/2008

First: a demographic transition First: a demographic transition to be controlled: to be controlled:

The 2004 General Census of Population and Housing / Socio-demographic profile suggests large The 2004 General Census of Population and Housing / Socio-demographic profile suggests large disparities and challenges disparities and challenges

Continuous decline in the rate of population growth, 1.4% between 1994 and 2004/ stereotyped Continuous decline in the rate of population growth, 1.4% between 1994 and 2004/ stereotyped and segregationist social roles of gender... and segregationist social roles of gender...

Increase in life expectancy at birth for women to 70.8 years in 2004/ High maternal mortality (227 Increase in life expectancy at birth for women to 70.8 years in 2004/ High maternal mortality (227 deaths per 100,000 live births), reproductive health linked to social status of women "feminization deaths per 100,000 live births), reproductive health linked to social status of women "feminization of AIDS (STD being 53%, with 111,507 cases of cervicitis among women: 33%, 39% of cases of of AIDS (STD being 53%, with 111,507 cases of cervicitis among women: 33%, 39% of cases of AIDS discovered in 2008) ... AIDS discovered in 2008) ...

Singles for the 20-24 age group of women are up to 61.3% against 92.1% for the same age group Singles for the 20-24 age group of women are up to 61.3% against 92.1% for the same age group of men, with a notable decline of early marriage / Traditional marriage, socio-cultural of men, with a notable decline of early marriage / Traditional marriage, socio-cultural stereotyping ... stereotyping ...

Increase of the population aged 60 years (8.1% in 2004) / What culture of the 3Increase of the population aged 60 years (8.1% in 2004) / What culture of the 3 rdrd age for women age for women living in a disadvantaged social status... living in a disadvantaged social status...

75% of illiteracy among rural women / What human development? 75% of illiteracy among rural women / What human development? Social vulnerability and poverty, with a poverty rate rising to 14.2% / What remedies for the Social vulnerability and poverty, with a poverty rate rising to 14.2% / What remedies for the

gender and economic vulnerability ... gender and economic vulnerability ... Number of people of working age (18 to 59 years) will rise from 16.3 million in 2004 to Number of people of working age (18 to 59 years) will rise from 16.3 million in 2004 to

22.6 million in 2030/ What competitive jobs opened in equity beyond the sexual stereotyping ... 22.6 million in 2030/ What competitive jobs opened in equity beyond the sexual stereotyping ... Difference in wage and non-recognition of some jobs considered as auxiliary family work / What Difference in wage and non-recognition of some jobs considered as auxiliary family work / What

economic future for the so-called heads of households, what status of the so-called domestic economic future for the so-called heads of households, what status of the so-called domestic workers... workers...

Unemployment of graduates (25.6% in 2004), which increases among women (reaching 28.4% in Unemployment of graduates (25.6% in 2004), which increases among women (reaching 28.4% in 2004 and 29.7% in 2006) / What fate for the potentials of the elite or female intelligentsia..., etc2004 and 29.7% in 2006) / What fate for the potentials of the elite or female intelligentsia..., etc

CCME/Chikhaoui/2008

Secondly, a transition in a family law with Secondly, a transition in a family law with double references to decide aboutdouble references to decide about

A half secularized family code:A half secularized family code:

Extending the scriptural interpretation and that of "Extending the scriptural interpretation and that of "ShariahShariah" to other " to other skilled people than skilled people than UlemasUlemas (Muslim scholars) (including women).... (Muslim scholars) (including women)....

The adoption of the family law in 2004 by the parliamentary secular The adoption of the family law in 2004 by the parliamentary secular institution and therefore by the people through their representatives!institution and therefore by the people through their representatives!

The inclusion of new values -standards- [formerly considered The inclusion of new values -standards- [formerly considered

as assimilationist]: equality, decision-making autonomy, freedom of as assimilationist]: equality, decision-making autonomy, freedom of choice (spouse ...), acquisition of legal identity for woman and choice (spouse ...), acquisition of legal identity for woman and children... children...

The final arbitration of "Amir Al Mouminin "(Unlike other laws : penal, The final arbitration of "Amir Al Mouminin "(Unlike other laws : penal, civil,...)civil,...)

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A transition reinforced with gender rightsA transition reinforced with gender rights Adoption of the Labour Code

Article: « The Article: « The cconditions of onditions of employmentemployment and and labour labour of household of household servants who are in servants who are in work relation with work relation with the householder the householder shall be specified by shall be specified by a special law”a special law”

No gender discrimination in hiring (Article 9)

Recognition of sexual harassment (Article 40)

No wage discrimination (work of equal value for men and women shall be paid equally. Article 346) (Article 346) (and other articles related to the rights of pregnant women and women in childbirth (Articles 152, 153, 159, 162, etc..,)

Authorization of night work for women, “while respecting some cases of exception specified by regulation“, and is recommended to facilitate and regulate their conditions (Article 172).

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A transition reinforced with gender rightsA transition reinforced with gender rights

Revision of the Penal Code and the Code of Penal Procedure

Some gaps Some gaps persist in persist in gender gender equality as equality as regards rights regards rights and duties and duties

Gender discrimination shall be a misdemeanour (Article 431-1, Section II ) / This article puts gender discrimination in the context of gender rights and human rights that shall be preserved by the law

Equal sanctions is re-established between men and women in cases of adultery (Article 418 amended and supplemented by Law No. 24-03

Recognition of domestic violence as a misdemeanour (Article 414), as well as sexual harassment

Equality as regards the penalty on the abandonment of the family without cause (Article 479)

CCME/Chikhaoui/2008

A transition reinforced with gender rightsA transition reinforced with gender rights

Promulgation of a new family law

Equality in ratio of men to women becomes a founding principle

Equality of spouses with regard to the age of marriage (18), family responsibility and protection

Adult woman having its autonomy to decide about her marriage (Article 24, the age of majority is 18 years)

Divorce shall be subject to judicial control and be a right for both spouses

Choice of living with one divorced parent shall be open to girls and boys of the same age (15 years, Article 166)

Possible establishment of a legal "agreement" ensuring the equal division of property accumulated during the marriage in the event of marriage breakup.

CCME/Chikhaoui/2008

A transition reinforced with gender rightsA transition reinforced with gender rights

Promulgation of a new family law / 2004

Polygamy not prohibited but severely codified

The issue of inheritance as awhole is almost overlooked

CCME/Chikhaoui/2008

A transition reinforced with gender rightsA transition reinforced with gender rights

Civil Code/1996

Law of Commerce/1995

Code of Nationality

Law on Gender-based Violence

The repeal of Article 726 which requires the permission of the husband to the women who wanted to engage in a salaried employment

Protection of women’s freedom to exercise a job (Article 17)

Removal of Articles 6 and 7 which are conditions of preliminary marital permission

The right of the mother to grant her Moroccan nationality to children born of a foreign father (marriage shall be in conformity with the legal provisions under the Family Code: the husband must be a Muslim)

A draft law since 2007

CCME/Chikhaoui/2008

A promising transition thanks to NGO activists A promising transition thanks to NGO activists who are organized: who are organized:

Assembling in networks : Observatory of Ouyoun Nisaïa, Anaroz ...

Role of monitoring gender equality and basic rights: Sensitivity as regards the reference, sustainability and structural actions...

More organized lobbying: Action for 1/3 of women, + - systematized advocacy...

Thinking of government expectations and practices in terms of partnership with NGOs:

Services, linkage and proximity, Activist political movement , Popular consultation voice, field stakeholder, actor of change.

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A democratic transition innervated by "feminist" and activist A democratic transition innervated by "feminist" and activist dynamics dynamics

Raising the political issue of Islam/religion of the state- while completing the foundations "modern" state: overall and full institutional secularization, including that of family ...

Moving the issue of "authentic cultural identity" from the private space, responsible for protecting traditions, to other political areas of debate, (Islamist discourse in the media, partisan ..)

Considering the logic of political democracy and the rule of law in terms of reference, institutional democracy, including that of family ... political parties,

Laying bare the national intellectual elite, not addressing the issue of secularism and secularization

Putting emphasis on the saturation of the specific spirit of agreement, (Recap: failure of the "nahdaoui“ reform project)

Discursive inflation about scope (in terms of potential and principles) of a "secular Islam, egalitarian Islam, islamisation of human rights, timeless Islam capable to cross modernity, Islam open to the "Jihad for gender equality (" Islamic feminism","feminist Jihad "...).

CCME/Chikhaoui/2008

A promising transition thanks to A promising transition thanks to government actionsgovernment actions

A series of measures:

National Strategy for Fighting Violence Against Women in 2002

Operational plan for the implementation of National Strategy for Fighting Violence Against Women in 2004

National Charter for Improving the Image of Women in the Media in 2005

National Strategy for Equity and Gender Equality by integrating the gender approach in policies and development programs, 2005

MDGs “gendered”

Gender budgeting, etc..

CCME/Chikhaoui/2008

A transition A transition withwith points of points of weaknessweakness Points of Points of weaknessweakness:: Lack of gender sensitivity among government policy makers and technicians in Lack of gender sensitivity among government policy makers and technicians in

addition to the parliamentary partisan bodyaddition to the parliamentary partisan body

Dependence on financial support from donors and international NGOsDependence on financial support from donors and international NGOs

Recklessness of macroeconomic policies and development strategies on genderRecklessness of macroeconomic policies and development strategies on gender

A not yet effective gender-sensitive budgeting (parallel reports...) A not yet effective gender-sensitive budgeting (parallel reports...)

Fragmented implementation with no real monitoring and evaluation Fragmented implementation with no real monitoring and evaluation

The oscillation between the progress of law and regressive movements in some The oscillation between the progress of law and regressive movements in some areas, particularly in terms of gender equality at the political level areas, particularly in terms of gender equality at the political level

Government statements of good intent backed by little affirmative political actions Government statements of good intent backed by little affirmative political actions as regards gender equality, contradictory with Royal speeches and actions, visibly as regards gender equality, contradictory with Royal speeches and actions, visibly aiming to improve the lots of womenaiming to improve the lots of women

CCME/Chikhaoui/2008

Indicators showed it!Indicators showed it!

Macroeconomic policies and development strategies: 29 measures under the Beijing Platform, for example: :

Review and modify, with the full and equal participation of women, macroeconomic and social policies

Women are also required to ensure the follow-up and assessment of these policies

Restructure and target the allocation of public expenditures to promote women's economic opportunities

Equal access to productive resources

Address the basic social, educational and health needs of women, particularly those living in poverty

We are far from meeting our commitments at thislevel !!!

CCME/Chikhaoui/2008

Indicators showed it!Indicators showed it!

« Governments should make efforts to systematically review how women benefit from public sector expenditures; adjust budgets to ensure equality of access to public sector expenditures, both for enhancing productive capacity and for meeting social needs and achieve the gender-related commitments made (…)”Recommendation from the Beijing Platform for Action

CCME/Chikhaoui/2008

A transition supported by insufficiently effective A transition supported by insufficiently effective government actionsgovernment actions

Example of gender equality in political participation: MDG, target 135: “Reach one third of women's representation in the leading bodies of legislative, executive and judicial powers and other decision-making bodies”

The 2003 communal elections: 127 elected women at the rate of 0,53%, two elected women heads of communes out of 41 communes

Government political positions: two portfolio of Secretariat of State in 2000 and 2004. An exception of naming three women as ministers: 2002 and seven in 2007, 2 party affiliates and 5 technocrats).

Adoption in December 2006 of the 22-06 law, modifying and completing the organic statute N 31-97 on the House of Representatives will cancel out the effect of the principle of positive discrimination (Quota 10%) under the same law

Elected women by political parties at the local level: 0,2%!!!

No effective implementation of Article 22 of the Law on political parties stipulating that they should include in their statute the proportion devoted to women and youngsters at the level of leading bodies

Regression: chart of honour and 12% in 2008!!!?

CCME/Chikhaoui/2008

“I call on both the government and Parliament to co-operate effectively in order to suggest efficient mechanisms for ensuring that a greater number of women stand as candidates and are elected to local councils”

Speech by King Mohammed VI at opening of parliament fall session, in October 2008 (Communal elections will be held on June 12, 2009)

Chart of honour!! 12%!! Postponing: Improvement in gender-related human development index Structural element of democratic transition Implementation of a recommendation of the Beijing Platform

CCME/Chikhaoui/2008

I have sought to make human rights - and their I have sought to make human rights - and their role in ensuring a dignified life for all Moroccans role in ensuring a dignified life for all Moroccans - the pillar of my system of governance.- the pillar of my system of governance. (…) (…) Therefore, putting that slogan into effect on the Therefore, putting that slogan into effect on the ground requires strong commitment, active ground requires strong commitment, active involvement and sincere action in order to carry involvement and sincere action in order to carry out the reforms and changes needed in a bold, out the reforms and changes needed in a bold, albeit wise, manner.albeit wise, manner.

Message of His Majesty the King on Message of His Majesty the King on the the occasion of the sixtieth anniversary of occasion of the sixtieth anniversary of the the Universal Declaration of Human RightsUniversal Declaration of Human Rights

A strong transition with a new perspectiveA strong transition with a new perspective

CCME/Chikhaoui/2008

““There is, first, the consolidation of political and civil rights, especially There is, first, the consolidation of political and civil rights, especially gender equality. This has been illustrated by the Family Law.”gender equality. This has been illustrated by the Family Law.”

Message of His Majesty the King on the occasion of the Message of His Majesty the King on the occasion of the sixtieth anniversary of the Universal Declaration of sixtieth anniversary of the Universal Declaration of

Human RightsHuman Rights

BBringing national legislations into compliance with international ringing national legislations into compliance with international conventions in the field (reservations about Articles 9, 2, Paragraph 2 conventions in the field (reservations about Articles 9, 2, Paragraph 2 of Article 9, Paragraph 4 of Article 15, Articles 16, 29)of Article 9, Paragraph 4 of Article 15, Articles 16, 29)

““To further promote this course of action, I hereby announce that the To further promote this course of action, I hereby announce that the Kingdom of Morocco is withdrawing its reservations concerning the Kingdom of Morocco is withdrawing its reservations concerning the International Convention on the Elimination of all Forms of International Convention on the Elimination of all Forms of Discrimination against Women. Given the advanced legislation Discrimination against Women. Given the advanced legislation adopted by our country, the said reservations are now obsolete.”adopted by our country, the said reservations are now obsolete.”

Message of His Majesty the King on the occasion of the Message of His Majesty the King on the occasion of the sixtieth anniversary of the Universal Declaration of sixtieth anniversary of the Universal Declaration of

Human RightsHuman Rights

Significant and long-awaited leapSignificant and long-awaited leap

““However significant our achievements However significant our achievements may be, political and civil rights would may be, political and civil rights would fail to have a real impact unless they fail to have a real impact unless they were supported by the promotion of were supported by the promotion of economic, social, environmental and economic, social, environmental and cultural rights, which, incidentally, are cultural rights, which, incidentally, are given priority in our public policies”given priority in our public policies”

Message of His Majesty the King on the occasion of the Message of His Majesty the King on the occasion of the sixtieth anniversary of the Universal Declaration sixtieth anniversary of the Universal Declaration

of Human Rightsof Human Rights

A project with major delaysA project with major delays

CCME/Chikhaoui/2008

A mere Secretariat of State in charge of Family, Children and the Disabled A mere Secretariat of State in charge of Family, Children and the Disabled (1998), reduced to a Directorate of Women, Family and Children (2007)!!(1998), reduced to a Directorate of Women, Family and Children (2007)!! Without a budget up to the challenges raisedWithout a budget up to the challenges raised Weak as regards human resourcesWeak as regards human resources In wait for an equal and productive partnership with civil societyIn wait for an equal and productive partnership with civil society

Call for creating a national mechanism working towards the promotion of Call for creating a national mechanism working towards the promotion of women’s rights on June 2, 1996, following the revision of the constitution women’s rights on June 2, 1996, following the revision of the constitution Message to the Late Hassan II from 6 associations with clear claims:Message to the Late Hassan II from 6 associations with clear claims:

Embodying the principle of gender equality in the Constitution and setting up a Embodying the principle of gender equality in the Constitution and setting up a high council for women to ensure:high council for women to ensure: coordination between various government departments and bodies in the coordination between various government departments and bodies in the field of promoting women’s rightsfield of promoting women’s rights drawing up a national strategy for the promotion of women’s rights and drawing up a national strategy for the promotion of women’s rights and improvement of their conditions at all levelsimprovement of their conditions at all levels

Revival of the idea/project of creating a high council (March 12, 2007)!!Revival of the idea/project of creating a high council (March 12, 2007)!!

Civil society insists always on the autonomy of this council Civil society insists always on the autonomy of this council

Gaps to be filled inGaps to be filled in

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• The ratification of the Optional Protocol to the The ratification of the Optional Protocol to the Convention on the Elimination of all Forms of Convention on the Elimination of all Forms of Discrimination against Women (proclaimed by the UN Discrimination against Women (proclaimed by the UN General Assembly on October 6, 1999 (Resolution General Assembly on October 6, 1999 (Resolution A/RES/54/4), comes to reinforce the Convention with A/RES/54/4), comes to reinforce the Convention with regard to Article 1: “regard to Article 1: “A State Party to the present A State Party to the present Protocol ("State Party") recognizes the competence of Protocol ("State Party") recognizes the competence of the Committee on the Elimination of Discrimination the Committee on the Elimination of Discrimination against Women”against Women”

Article 2 of the CEDAW highlights that punitive and Article 2 of the CEDAW highlights that punitive and preventive measures in case of discrimination against preventive measures in case of discrimination against women should be taken by the state party.women should be taken by the state party.

Optional Protocol: possibility to conduct an Optional Protocol: possibility to conduct an investigation (Articles 8 and 9) investigation (Articles 8 and 9)

A momentum to strenghten A momentum to strenghten

CCME/Chikhaoui/2008

A momentum to be strenghtened A momentum to be strenghtened

MDG MDG Target 14: « Eliminate all discriminatory Target 14: « Eliminate all discriminatory judicial disparities and withdraw reservations on judicial disparities and withdraw reservations on the CEDAW »the CEDAW »

Achieved in wait for the overall harmonization with Achieved in wait for the overall harmonization with national laws, the applicability of laws acquired national laws, the applicability of laws acquired and the ratification of the Optional Protocol and the ratification of the Optional Protocol to the to the CEDAW CEDAW (proclaimed by the UN General Assembly (proclaimed by the UN General Assembly on October 6, 1999 (Resolution A/RES/54/4)on October 6, 1999 (Resolution A/RES/54/4)

CCME/Chikhaoui/2008

Gap to be filled inGap to be filled in

ThreeThree major shortcomings in three areas: major shortcomings in three areas:

Lack of effectiveness of the national mechanism in charge of the Lack of effectiveness of the national mechanism in charge of the gender issue (having been in place since 1998)gender issue (having been in place since 1998)

Inadequate women’s rights in the fields of health, education, Inadequate women’s rights in the fields of health, education, access to political positions, and positions of responsibility and access to political positions, and positions of responsibility and decision-makingdecision-making

Persistence of social injustice against the disadvantaged women, Persistence of social injustice against the disadvantaged women, mainly those from the rural areas and poor or the poorest mainly those from the rural areas and poor or the poorest classes, the so-called domestic workers, young girl “maids” classes, the so-called domestic workers, young girl “maids” (female vulnerability, feminization of poverty, STD/HIV/AIDS, (female vulnerability, feminization of poverty, STD/HIV/AIDS, illiteracy, lack of school enrolment among rural girls...)illiteracy, lack of school enrolment among rural girls...)

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In addition to the formal equality, recognized and partly acquired, a substantial In addition to the formal equality, recognized and partly acquired, a substantial equality should be gainedequality should be gained

To establish the gender equality as a national priority for building a democratic Morocco To establish the gender equality as a national priority for building a democratic Morocco based on law, institutions and human development, a substantial equality should be:based on law, institutions and human development, a substantial equality should be:

Embodied in the constitutionEmbodied in the constitution

Institutionalized through a department with strong political decisions and a budget up to Institutionalized through a department with strong political decisions and a budget up to the projects to mark and buildthe projects to mark and build

Ensured through a political representation of women in the high government, local and Ensured through a political representation of women in the high government, local and party positionsparty positions

Completed by implementing laws guaranteeing social and economic rights (Expropriation Completed by implementing laws guaranteeing social and economic rights (Expropriation and inheritance, equal pay, unequal access to resources), the right to security and dignity and inheritance, equal pay, unequal access to resources), the right to security and dignity (stereotypical media images)(stereotypical media images)

Strengthened by filling in legal gaps in gender equalityStrengthened by filling in legal gaps in gender equality

Ensuring it by establishing mechanisms for monitoring the application of laws Ensuring it by establishing mechanisms for monitoring the application of laws and protection of rights through a global reform of the sector of Justice (Corruption, poor and protection of rights through a global reform of the sector of Justice (Corruption, poor governance...).governance...).

CCME/Chikhaoui/2008

CCME/Chikhaoui/2008

Thank you