Human Rights and Freedom from State Tyranny: Morocco Country Study

Summary

The Kingdom of Morocco, located on the northwestern coast of Africa, is a semi-constitutional monarchy with a limited unitary parliamentary system.

Moroccan lands were populated by Amazigh tribes (known commonly in English as Berbers). An independent Moroccan state emerged first in the 5th century BCE known as Mauretania. Thereafter, Arab settlers established a series of dynastic kingdoms supplanting the Amazigh. The Alaouite dynasty, which continues today, emerged in the 17th century. After the French and British extended their colonial influence over northern Africa, the country came under French colonial rule in 1912.

Morocco regained independence in 1956 with the Alaouite hereditary monarchy formally restored in 1957. The second king, Hasan II, initially severe in governance, adopted reforms in the 1990s allowing a limited representative parliament. In 2011, his successor, King Mohammed VI, responded to Arab Spring-inspired protests by adopting a new constitution. Freer elections were held for parliament and a non-monarchical Islamist party was allowed to lead a new government. Yet, the king retained dominant powers, including over foreign policy, security forces, the judiciary, media and much of the economy. There remain many restrictions on basic human rights and Freedom House ranks Morocco as “partly free” (just two points from “not free”).

Morocco has a population of 37.8 million people (2023 UN estimate). By ethnicity, it is now mostly Arab (67 percent) and Amazigh (31 percent). By religious affiliation, it is 99.6 percent Sunni Muslim. (An estimated 3,000 Jews remain from what was once the Arab world’s largest Sephardic community of 265,000.) Economically, there is widespread poverty and a low level of economic development. For 2023, the International Monetary Fund ranked Morocco 60th in the world (and fifth in Africa) in nominal Gross Domestic Product (GDP), with $141 billion in output. GDP per capita ranking is much lower, 125th, at $3,442 yearly income.

History

Early History

The Maghreb, a Berber term for the northern African region west of the Nile, was populated by Amazigh tribes in the current Holocene Epoch as early as 10,000 BCE. The Amazigh or Imazighen (known in English as Berbers) are a diverse set of ethnic descendants of Stone Age peoples. They emerged as largely agricultural and hunting communities having several distinct languages. They became nomadic as climate conditions grew harsher.

Around the 12th century BCE, the broad Maghreb region was colonized by Arab-Phoenicians from the eastern Mediterranean. They dominated the economy with trading colonies that were integrated into the Mediterranean economy. From the 8th to the 2nd centuries BCE, the ancient city of Carthage (located in present-day Tunis) held sway in northwestern Africa until its final defeat by Rome and the razing of the city in 146 BCE.

The Origins of Modern Morocco

In the seventh and eighth century CE, the Islamic conquests brought more Arab traders and settlers and Islam was adopted by the Amazigh. Through the Umayyad caliphate, Arabs extended their political control over the Iberian peninsula as far north as southern France. The regions controlled by Muslims (called Moors by Christians) were known together as Al-Andalus. Because of Morocco’s distance from the original Damascus and Baghdad caliphates, the region evolved separately from Arab countries in both politics and religion.

The Arab Idrisid dynasty (788-974 CE) established the Moroccan region and Al-Andalus as centers of learning, trade, science and culture. Arab rulers ceded power to a joint Berber-Arab tribal confederation that dominated the Maghreb. From the 13th to 15th centuries, Portuguese and Spanish kingdoms increasingly asserted control over the Iberian peninsula (Al-Andalus) and parts of northwest Africa (the Maghreb).

Arab tribes retook control of Moroccan territory in 1511 with the establishment of the Saadi dynasty (1511-1663). The Alaouite dynasty followed and has had the longest period of rule in Moroccan history, ruling to today (1664-1912 and 1956-present). In the 18th and 19th centuries, the Alaouite kingdom took control of areas facing Spain and defeated an Ottoman invasion. Notably, it was the first government to recognize the United States in 1777. The 1786 American-Moroccan Treaty of Friendship is the oldest active treaty among nation states.

The Moroccan kingdom resisted foreign control until the latter part of the 19th century when the French and British extended their influence over North Africa. In the “scramble for empire,” the French gained sway over the Maghreb. In 1912, with the signing of the Treaty of Fez, Morocco became a French protectorate. Spain gained control over the Western Sahara to its south.

As a French protectorate, Morocco retained formal sovereignty under the leadership of the sultan, previously king, but in practice it was governed under a colonial administration. The policy of the colonial administration was to encourage settlement by French citizens, who would receive favorable treatment in business, government and civilian life. Modernization in transportation, industry and agriculture was designed to assist the French economy.

A nationalist movement arose following World War I. In December 1934, the Moroccan Action Committee (CAM) proposed a "Plan of Reforms" demanding actual fulfillment of the terms of the Treaty of Fez. These terms included a return to indirect rule, establishment of representative councils and inclusion of Moroccans in government. Radical members split from moderates in the CAM to form a nationalist political party with the aim to struggle for full independence. The group was suppressed by French colonial authorities.

From War to Independence

During World War II, Morocco was under the control of the collaborationist Vichy regime, which administered southern France and its colonies for Nazi Germany. American and British forces invaded Morocco in November 1942. The Allies, assisted by Moroccans, routed Vichy French forces as part of the successful Desert War campaign and restored administration to the Free French, the government in exile.

In January 1944, a newly formed Istiqlal Party presented its demands for independence to the resident general of the Free French government. Istiqlal leaders cited the promise of self-government for all peoples established in the Atlantic Charter. The Charter was signed in 1941 by British Prime Minister Winston Churchill and US President Franklin Delano Roosevelt to establish principles for the post-war period. (The Atlantic Charter formed the basis for negotiations to create the United Nations. See also History in this section.)

[A] newly formed Istiqlal Party presented its demands for independence to the resident general of the Free French government. Istiqlal leaders cited the promise of self-government for all peoples established in the Atlantic Charter.

Sultan Mohammed V, who was recognized by the Free French as Morocco’s titular leader, supported the call for independence. The resident general, however, rejected any change in protectorate status since colons (permanent French colonists) and French business interests opposed any reform.

In 1952, the murder of regional labor leader Farhat Hached in Tunisia, also under French colonial administration, sparked a riot in Casablanca, Morocco. The French authorities responded by banning the Istiqlal and Communist Parties and exiling Mohammed V to Madagascar in 1953. The French appointed another sultan who was widely seen by Moroccans as illegitimate and galvanized public opposition to French rule.

Due to deteriorating conditions in neighboring Algeria, seen as a more important colony to France, the government capitulated to public protests and brought Mohammed V back from exile in 1955.

Mohammed V, now universally popular, negotiated the return of independence, which was formally recognized on March 2, 1956. Separately, in 1975, Spain agreed to end colonial rule in Western Sahara, which was a distinct territory that once had been under Moroccan monarchical rule. Spain ceded to Morocco control over the northern part and to Mauritania, its southern neighbor, the southern part. An ongoing independence movement makes Western Sahara a disputed territory (see also below).

Authoritarian Monarchy

This period of Hassan II's rule was known as "the years of lead" because of the number of extrajudicial killings, disappearances, and arrests of political opponents.

Moroccan independence did not bring freedom. Mohammed V imposed a semi-constitutional monarchy in 1957 and established a one-party state. He took the title of king. Fearing that radicals in the nationalist movement sought to establish a republic and overthrow the sultanate, Mohammed V harshly repressed opposition to his rule until his death in 1961. His son, Hassan II, assumed the throne to reign for the next 38 years.

Initially, Hassan II sought legitimacy through a referendum on a new constitution that created a bicameral parliament and independent judiciary. The first elections were held in 1963. But Hassan II retained supreme executive authority. Also fearing that radicals sought to establish a republic, he suspended the parliament in 1965. He then ordered several "states of emergency" in response to political opposition, attempted coups aimed at establishing a republic, and other social upheaval. This period of Hassan II's rule was known as "the years of lead" because of the number of extrajudicial killings, disappearances, and arrests of political opponents.

Unusually for an authoritarian leader who carried out severe repression, Hassan II initiated a reform and reconciliation process during his later years of rule.

Unusually for an authoritarian leader who carried out severe repression, Hassan II initiated a reform and reconciliation process during his later years of rule. He freed political prisoners in 1991, launched an independent commission of inquiry to examine human rights abuses, invited exiled opponents to return to Morocco and enacted constitutional amendments in 1996 to establish a new parliament with expanded powers. In 1997, elections resulted in previously banned parties gaining representation in parliament’s Chamber of Representatives. The leader of the opposition Socialist Party was even asked to lead a coalition government.

Regional Policy and Western Sahara

Hassan II was known as a pro-Western leader and ally of the United States. He also was a proponent of peace with Israel after the 1973 War (see Israel Country Study) and established de facto recognition of Israel. (Hassan’s successor, Mohammed VI, suspended ties with Israel in 2000 due to the continuing Israeli-Palestinian conflict, but established formal or de jure recognition in 2020 as part of the Abraham Accords that normalized relations between Israel and a number of Arab states.)

Morocco’s pro-Western stance is contradicted by its policy in Western Sahara, which it calls the Southern Territories. Historically connected to Morocco, the territory was under Spanish control from 1884 until 1975, when the government after the Franco dictatorship relinquished northern and southern parts of the Western Sahara to Morocco and Mauritania.

Each country annexed their respective territory, however the Polisario guerilla movement has sought national self-determination for Western Sahara. It fought against both Morocco and Mauritania.

In 1979, Mauritania ceded its territory to Morocco but the Western Sahara remained in armed conflict. In 1991, a UN-brokered peace agreement called for a referendum to determine whether the territory would gain independence. A cease-fire has been in effect since then but no referendum has been held. Efforts to resolve who is able to vote have repeatedly failed.

The Moroccan government has a record of human rights abuses in the territory and continues to repress Sahrawi (Western Saharan) nationalists along with Moroccans expressing disagreement over government policy towards the region.

Further Reconciliation and Reform

King Hassan's son, Mohammed VI, assumed the throne in 1999. He continued generally in his father's reformist political direction. He issued two amnesties freeing thousands of political prisoners and he reduced sentences for tens of thousands of others. The 2002 election was won by the Union of Popular Socialist Forces (USPF) and a majority of seats were held by socialist and nationalist parties previously considered to be in opposition.

The Equity and Reconciliation Commission determined that there were more than 10,000 overall human rights violations, including 592 killings in the period from 1956 to 1999. The public testimony led to resignations by several officials.

In addition, Mohammed VI’s government in 2003 allowed Berber languages for the first time to be taught in schools, passed a law in 2004 placing restrictions on polygamy and allowing women to initiate divorce, and established the Equity and Reconciliation Commission (IER) to investigate human rights abuses from 1956 to 1999. He named a former opposition leader and political prisoner, Driss Benzekri, to head the Commission. Its scope was limited and lacked the power to compel testimony or charge officials, but it did allow public testimony of victims and families as well as the awarding of compensation to victims. The IER determined that there were more than 10,000 overall human rights violations, including 592 killings in the period from 1956 to 1999. The public testimony led to resignations by several officials. The period since the Arab Spring protests in 2011 is described in the Human Rights section below.

Human Rights

For much of its history, Morocco had monarchical rule over its population, both Arab and Amazigh (known in English as Berber). In the 1660s, the Arab Alaouite dynasty united Morocco’s territory. The Alaouite dynasty was known for tolerant practices in the region (for example, Morocco was home to the Arab world’s largest Sephardic Jewish community). French colonial administration from 1912 to 1956 superseded monarchical rule, but Morocco regained independence in 1956. The sultan under French rule and Alaouite successor, Mohammed V, established a semi-constitutional monarchy in 1957.

Mohammed V and his successor in 1961, Hassan II, instituted repressive policies against opponents, especially any supporters of a republic. While Hassan II allowed elections in 1963, he dissolved the parliament in 1965 and ruled by decree and states of emergency in a period known as “the years of lead.”

Although there are regular elections . . . the king retains authority over most significant areas of governance and the parliament has limited powers.

Unusual for an authoritarian leader, Hassan II eased his repressive policies in his later rule in the 1990s (see above). But reforms of Hassan II and Mohammed VI, who succeeded Hassan II in 1999, made no real institutional changes even in response to the 2011 Arab Spring protests (see below).

Although there are regular elections (see Current Issues), the king retains authority over most significant areas of governance and the parliament has limited powers. The king appoints and may dismiss cabinet members, security and military chiefs, and all judges. The prime minister must be approved by the legislature, but by nomination of the monarch. The king retains the power to dismiss parliament and to rule by decree. A description of developments in human rights under the current king, Mohammed VI, are described below.

Arab Spring “Reforms”

The Arab Spring protests that toppled authoritarian regimes in Tunisia and Egypt in late 2010 and 2011 also inspired protests in Rabat, the capital of Morocco. These started on February 20, 2011 and continued until the fall. In response, King Mohammed VI agreed to political changes and drafted a new constitution, which required the King to form a government from the leading political party in elections, establish gender equality and make Berber an official language.

Political changes, however, proved cosmetic. King Mohammed VI and the king’s close associates (known as the Makhzen) still dominated in areas of security, religion and the economy.

Elections in November 2011 were won by a new moderate Islamist party, the Justice and Development Party (PJD). As required by the new constitution, Mohammed VI asked the PJD leader, Abdelilah Benkirane, to be prime minister. Benkirane put together a coalition government that included Istiqlal (Independence).

Political changes, however, proved cosmetic. King Mohammed VI and the king’s close associates (known as the Makhzen) still dominated in areas of security, religion and the economy. Istiqlal withdrew from the government in July 2013 to protest the lack of economic reforms. The PJD had to form a new coalition government with more establishment parties.

A Return to Repression

After making modest constitutional changes, Mohammed VI backtracked on an agreement to consider broader changes and cracked down on human rights and freedom activists.

The Moroccan Association for Human Rights (AMDH) documented 2,000 cases of arrests in the years following the Arab Spring. A number of leading participants in the February 20 Movement were targeted. Several were sentenced to six months’ to one year’s imprisonment for participating in a union protest in April 2014. Mouad Belaghouat, a rapper who became the face of the February 20 Movement for his song “Stop the Silence,” was sentenced to two years’ imprisonment (see The New York Times article in Resources). He was arrested again on his release and sentenced to four more months in prison.

Several other cases were reflective of the general repression. In 2014, a leading trade union activist was sentenced to two years’ imprisonment for “falsely reporting” a crime (she had accused security police of abducting and torturing her). In addition, the regime imprisoned many members of the Salafi Islamic sect, who object to the constitution establishing the king as “commander of the faithful,” as well as Western Saharans (Sahrawis) expressing criticism of government policy in the disputed territory. Mahmoud Lhaisan, a television journalist, was also arrested in 2014 simply for reporting on the forced dispersal of Sahrawi demonstrators at a rally for independence in Rabat.

Freedom of Expression and Association

Broadcast media is mostly state-owned and the Makhzen exerts significant influence over independently owned media through its economic control. (For example, the Makhzen direct businesses where to advertise.) Self-censorship is common due to such economic pressure, as well as to judgements for libel and prosecution of coverage deemed inappropriate. Newspapers reporting on sensitive issues (such as corruption or policy in Western Sahara) are sometimes shut down or fined. Several editors have been imprisoned.

Freedom of assembly, and association are tolerated to some degree but not respected in any full sense. The trade union movement is independent but its right to strike is restricted and it is not allowed to take positions on national policy. Many organizations are denied registration and human rights groups are denied access to office space and bank accounts.

Morocco signed UN human rights conventions as part of Mohammed VI’s early reforms, but the government has directly challenged the UN human rights system in its policy towards Western Sahara by failing to adhere to the UN agreement mandating a referendum on independence.

Current Issues

Since modest constitutional reforms in 2011, there have been three elections (2011, 2016 and 2021) in which a number of political parties have competed. But these elections have been held in controlled circumstances. Most media continue to be either state-controlled or self-censored and there has been ongoing repression of popular movements, which have also been disallowed from forming political parties. While not as systematic as in earlier periods under Mohammed VI’s predecessors, human rights are routinely violated.

Most media continue to be either state-controlled or self-censored and there has been ongoing repression of popular movements, which have also been disallowed from forming political parties.

In the 2016 elections, the Party of Justice and Development (PJD), a moderate Islamist party, won a plurality with 28 percent of the vote and 125 seats. But five royalist parties together won a large majority of the seats in the 395-seat House of Representatives, while two opposition socialist parties received just 32 seats total. PJD’s leader could not form a majority coalition and Mohammed VI used royal prerogative to name another party’s leader as prime minister and appointed the cabinet.

In the 2021 elections, parties aligned with the monarchy (the National Rally of Independents, the Party of Authenticity and Modernity and Istiqlal) won 280 of the 395 seats. One opposition party, the Socialist Union of Popular Forces, came in fourth at 8 percent while the PJD lost most of its support having achieved little in its compromise role. The head of the National Rally of Independents was appointed Prime Minister and formed a government with the two other royalist parties.

The government has continued to repress popular reformist groups like the February 20 Movement, which led the Arab Spring protests (see above), and the Hiraq Rif movement, a protest campaign of the Amazigh (the community commonly known in English as Berber).

The Hiraq Rif movement arose after the 2016 murder of a fish vendor in a police crackdown on out-of-season fishing. The murder reflected the ongoing repression of the Amazigh in the mountainous Rif region in the north. Protests were organized in Al-Hoceima, the largest city in Rif, against police abuse, corruption and economic deprivation.

The government dispersed the protests by force. In 2017, police arrested Hiraq Rif leader Nasser Zefzafi and three other leaders. Each were sentenced to twenty years in prison for their role in organizing the protests. Fifty more activists received sentences of from 1 to 15 years’ imprisonment on lesser charges. The convictions spurred further mass protests, including a demonstration in Rabat that drew tens of thousands of protesters. These were also dispersed. In addition, police used force against strikes organized by miners, teachers and others in 2019, 2020 and 2021.

Human rights groups and independent media have little space to operate. The Moroccan Association for Human Rights (AMDH) is often impeded in its activities, including holding events and renting office space. Human Rights Watch reports that the Moroccan government and the Makhzen (the king's loyal network of administrators) have developed an “ecosystem of repression” against human rights activists and journalists that includes internet and media smear campaigns, defamation suits and arrests on non-political charges, including for criminalized sexual practices such as adultery or having sex outside of marriage.

The repression continues. In February 2022, for example, former human rights minister and prominent lawyer Mohammed Ziane was convicted in a secret trial, without his presence, for insulting the judiciary, adultery and sexual harassment. His conviction and 3 year prison sentence were upheld on appeal. In March, Saida El Alami, a member of the Moroccan Women against Political Detention, was arrested for criticizing the authorities on social media. She was sentenced to three years in prison.

The repression continues. . . . In March, Saida El Alami, a member of the Moroccan Women against Political Detention, was arrested for criticizing the authorities on social media. She was sentenced to three years in prison.

The monarchy also dominates the economy, which also limits the space for any independent civil society or media. As both monarch and an individual, the king is the majority stakeholder in a broad network of private and public sector firms (the assets of Mohammed VI have been estimated recently at $5.7 billion). The concentration of wealth extends to the Makhzen. While Morocco boasts the 5th largest economy in Africa, most economic indicators are much lower due to extreme wealth concentration. More than forty percent of the population remains illiterate and fifteen percent lives in dire poverty.

Mohammed VI flaunts his wealth and is known for spending much of his time in France, Switzerland and other resort areas. This leaves much of state affairs to his trusted network of followers, including Abdellatif Hammouchi, the head of the security services. An odd development, but symptomatic of authoritarian rule, has been the rise of three Moroccan brothers born and raised in Germany. Previously tied to German crime syndicates and arrested for economic crimes, the brothers emerged from prison to become Mixed Martial Arts champions whom Mohammed VI befriended and gave immense sway within the palace walls (see link to Economist article in Resources).