By G. Zisk Rice

STRASBOURG, France – The Council of Europe has warned Morocco to reform a law that imposes severe penalties on consensual same-same relationships or the country may face censure.

Founded in 1949, the CoE is a 47-member organization promoting human rights, democratic development, cultural tolerance and the rule of law. Unlike the European Union, the CoE is not empowered to enact binding legislation. However, the organization does operate the European Court of Human Rights, which enforces the European Convention on Human Rights. LGBT issues fall under the human rights umbrella.

Morocco was granted the CoE status “partner for democracy” in June 2011. As such, the country’s record on human rights and other issues is subject to bi-annual evaluation.

The evaluation published June 25 noted “serious concern that the Penal Code criminalizes consensual sexual relations between persons of the same sex, with penalties of between six months and three years in prison…. There are recent reports of persons being imprisoned under this legislation, and [the CoE assembly] calls on the Moroccan Parliament to initiate [the law’s] repeal at the earliest opportunity.”

The law in question is Article 489, which criminalizes “lewd or unnatural acts with an individual of the same sex.” Although authorities generally do not enforce the statute, the country’s Islamist Justice and Development Party, a growing force in the Moroccan Parliament, reportedly considers the law essential to its conservative agenda.

The CoE report criticized the recent arrest and incarceration of two men caught having sex in Morocco and a 2012 incident in which a cruise ship carrying about 2,000 gay passengers was prevented from docking in Morocco.

Also mentioned was a March 2008 statement in which the Minister of the Interior indicated Article 489 was necessary to “preserve citizens’ ethics and defend our society against all irresponsible actions that mar our identity and culture.”

The CoE is not the only organization seeking a change in Moroccan law. According to Richard Kirker, a Marrakesh resident who operates holiday villas in France and Morocco, “There are several publications in Morocco, including Telquel, advocating a change in the law, as well as organizations campaigning against homophobia. Facebook is awash with gay groups in all cities, and thousands of Moroccans are outing themselves on social media sites. The CoE initiative is to be welcomed.”

Following the release of the evaluation, Karim Ghellab, president of Morocco’s Assembly of Representatives within Parliament, assured the CoE’s Parliamentary Assembly that Morocco is “committed to human rights, [including] the principle of equality.”

[SIZE=1]Image (courtesy CoE): Karim Ghellab, President of Morocco’s Assembly of Representatives, addressed the Council of Europe’s Parliamentary Assembly June 25, following a report in which the CoE expressed concern about Morocco’s record on tolerance for homosexuals.[/SIZE]