Article 491 of the Moroccan Penal Code: Privacy and Freedom of Expression at Risk

Article 491 of the Moroccan Penal Code criminalises "any public indecency act or offence against good morals." This broad and vague provision can be used to target a wide range of behaviours, including those related to sexual orientation and gender identity. The provision is often criticised for being inconsistent with international human rights standards, particularly with regard to the right to privacy and freedom of expression.

This provision has been used to justify the arrest and detention of individuals suspected of engaging in homosexual behavior, as well as to target individuals who do not conform to traditional gender norms. The vague language of the provision leaves significant room for interpretation and abuse by law enforcement and judicial authorities.

The criminalisation of public indecency and offences against good morals is not inherently incompatible with human rights standards, as states have a legitimate interest in protecting public morality and order. However, these laws must be clearly and narrowly defined to avoid discrimination and abuse, and their application must be consistent with international human rights standards.

Morocco's International Obligations and Article 491 of the Penal Code

Morocco is a party to several international conventions that protect the right to privacy, freedom of expression, and non-discrimination, including the ICCPR, the African Charter on Human and Peoples' Rights, the UDHR, and the CEDAW. These conventions require states to uphold individuals' rights and ensure that criminal laws are narrowly defined and applied in a non-discriminatory and proportionate manner. However, Article 491 of the Moroccan Penal Code has raised concerns regarding its conformity with these international obligations. The provision's broad and vague language can be used to target individuals based on their sexual orientation or gender identity, which is inconsistent with the non-discrimination principles enshrined in international human rights law. Additionally, the provision lacks the required specificity, leaving significant room for arbitrary interpretation and potential abuse.

As such, Morocco must ensure that its laws and policies are in line with these international obligations to protect individuals from arbitrary arrest and detention and to uphold their fundamental rights.

The broad and vague language of Article 491 of the Moroccan Penal Code raises concerns regarding its conformity with international human rights standards, particularly with regard to the right to privacy, freedom of expression, and non-discrimination. Morocco has a legal obligation to ensure that its criminal laws are clearly and narrowly defined, and applied in a non-discriminatory and proportionate manner, consistent with its international human rights obligations. The provision should be reviewed and amended to ensure that it meets these requirements and does not result in arbitrary arrest and detention or discrimination against individuals based on their sexual orientation or gender identity.