Morocco, Explosive Report by Economic Council on Family Law

The Moroccan Economic and Social Environment Council (CESE) is putting pressure on the Aziz Afnauchi government and calling on the government to “ambitiously revise” family law that can protect Moroccan women.

Olivier de la Gard

In a formal memo addressed to Government Chief Aziz Afnauchi on the occasion of the recent International Women’s Rights Day, the Economic and Social Council has stated that women and men are equal and women’s to all aspects of Morocco’s social life. Emphasizes full participation.It cannot be achieved without a legal framework that is in harmony with the ambitions of the country to enable women to fully enjoy their rights without discrimination.Therefore, EESC calls it “It is time to amend the family law in line with the constitution and the international treaties ratified by Morocco, in line with the ambitions of women’s liberation and gender equality set forth in the newly developed model.“.

Indeed, remember the institution, Morocco has a new family law that has made great strides in women’s rights since 2004, and the positive impact of this new law on the idea of ‚Äč‚Äčevolutionary gender equality. I have confirmed that I gave it.

In almost 20 years, the Kingdom of Cerifia has ratified many international treaties, adopted a new constitution that establishes the principle of equality between women and men, and adhered to national laws in force in various areas of daily life. I’m looking for it. The country’s international commitment emphasizes the council.

Mixed record

However, according to the ESEC, discrimination persists in the name of a particular “patriarchal tradition.” Therefore, a guardian for the child. “”Women cannot be parents of children. In fact, except in special cases, the mother has exclusive custody of the child by default, and the father is considered to be the only legal guardian of the child. This situation violates the principle of sharing family responsibilities between spouses, especially children. Also, if a dispute between a separated spouse continues, it undermines the rights and obligations of the divorced parent to the child. In addition, with exceptional cases, the right to remarriage is granted to women by the loss of custody of the child.Indicates the EESC reporter.

The issue of early marriage, a practice within the discretion of the judge, should also evolve. In the case of a spouse’s divorce or death, the division between spouses is similar to the file of goods acquired during the couple’s life. “”To be sure, women are not allowed to do domestic work during their marriage, and they will take away the share of the products that the family has acquired during the couple’s life, and women cannot prove their direct contribution.Fruiting family assets “, I will explain the memo frankly.

The ESEC also emphasizes delays in divorce proceedings due to “discord”, which is primarily over six months. “”During this period, living conditions in the home become more complex, and procedural tensions can lead to domestic and domestic violence.“, Emphasize the council.

Constant pressure from civil society

On their side, many social actors and feminists have always reminded us of our commitment to government. In full solidarity and voice with the agency that wrote the report, they believe that the time of political decision-making came in ways other than the wonderful words of the campaign. Like the highly influential organization Oxfam Morocco, we work for a fair and comprehensive Morocco, ensuring the opportunity for citizens to thrive in a violence-free and non-discriminatory environment.

Camilia Lauyane, the influence and advocate of the Moroccan branch of Oxfam, was asked by Mondaflick and explained: Oxfam, Morocco encourages and welcomes the ESEC’s initiative on family law reform 18 years after its entry into force. Indeed, and as we emphasized in our report, it is time to launch a reform project not only in family law but also in criminal law. These reforms must be part of Morocco’s desire to ensure compliance with international commitments, especially those related to CEDAW. “.

It is an urgent task for international organizations, widely represented by Rabat, not only to comply with the international agreements signed by the great fanfare of communication at the time, but also to shift from promises to political action. And to recall the main and essential axes of social reform that Camilia Lauyane is part of modernity: ” We welcome you back to the reform of family law, which is the subject of a memo from the ESEC dated March 8, 2022. In fact, I think there are some issues that need urgent consideration.These are especially minor / minor marriages, all minor / minor marriages, unpaid care work, as the best / best interests of the child must be guaranteed by law, Violence against children’s guardians and, of course, general women needs to be abolished “.

The government is in the middle

Like almost every country in the world, the kingdom is rarely spared by the social turmoil that results from various crises. Of course, health is first accompanied by the COVID-19 epidemic and then economical as a result of this pandemic, but there is growing concern about agriculture, which is an important activity in Morocco due to the climate and lack of water. increase. Finally, the conflict between Russia and Ukraine is also having a strong impact on the Cerifia economy in the international market.

So many government mobilizations to stop social bleeding. As in other places, many substantive reforms, especially social reforms, have been pushed into the background, if not shelved. Still, the next day’s concerns are very present, frustrating and angry. And the answer is slow and looks incomplete.

Government leader Aziz Afnauchi’s mission is already on track, but the time has come for a strong political signal.