U.S. State Department’s Report on Moroccan Religious Freedom 

On August 10, 2016, the U.S. Department of State released its latest annual report on religious freedom in every country in the world for 2015. Here are the key points of what it said about Morocco.[1]

The Report on Morocco

Morocco with its population of 33.3 million people (July 2015), estimates that 99% are Sunni Muslim and 1%, Shia Muslims, Christians, Jews and Bahais.

“The constitution declares the country to be a sovereign Muslim state and Islam to be the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees the free exercise of beliefs to everyone.”

“The law grants recognition to Sunni Maliki-Ashari Muslims and Jews as native populations free to practice their religion without any specific requirements to register with the government. The law requires [all other] religious groups not recognized as native, which includes non-Maliki-Ashari Muslims (i.e., Shia) and Christians, among others, to register before they are able to undertake financial transactions or conduct other business as private associations and legal entities.”

“Registered churches and associations include the Roman Catholic, Russian Orthodox, Greek Orthodox, French Protestant, and Anglican Churches, whose existence as foreign resident Churches predates the country’s independence in 1956 and which operate within the officially registered Council of Christian Churches of Morocco (CECM).”

“The constitution states the king is the protector of Islam and the guarantor of freedom of worship. It prohibits political parties, parliamentarians, and constitutional amendments from infringing upon Islam. The criminal code prohibits the use of ‘enticements’ by non-Muslims to try to convert Muslims to another religion. The minister of justice reaffirmed the freedom to change religions as long as no coercion was involved, but said Christian evangelism remained prohibited because missionaries had offered material inducements to the poor to convert them.”

“The government reportedly detained and questioned Moroccan Christians about their beliefs and contacts with other Moroccan Christians, including incidents in Rabat and Fes. The government also continued to deny registration to local Christian, Shia, and Bahai groups. Representatives of minority religious groups said fears of government surveillance led adherents of the Christian, Bahai, and Shia faiths to refrain from public worship and instead to meet discreetly in members’ homes. The government allowed foreign Christian communities to attend worship services in approved locations. The Ministry of Endowments and Islamic Affairs (MEIA) continued to control the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media. The government continued to restrict the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam. The government arrested several individuals for eating in public during Ramadan.”

“Although Jews said they continued to live and worship in safety, participants in a pro-Palestinian rally in Casablanca in October staged a mock execution of individuals dressed as Hasidic Jews. Christians reported pressure to convert from non-Christian family and friends. Two Muslim actors received death threats for appearing in a U.S.-made movie about the life of Jesus. Members of the Shia community said in some areas they were able to practice their faith openly, but most members of the community practiced discreetly. Bahais reportedly practiced their faith discreetly and avoided disclosing their religious affiliation.”

“The U.S. government promoted religious tolerance in its bilateral strategic dialogue [with the Moroccan government]. The Ambassador, embassy and consulate general officers, and visiting U.S. government officials met with senior government officials, including the minister of endowments and Islamic affairs, to discuss tolerance of minority religions. The Ambassador and embassy officers also met with Muslim religious scholars, leaders of the Jewish community, prominent Christian visitors, Christian foreign residents, leaders of registered and unregistered Christian groups, and other local religious groups to promote religious dialogue.”

Conclusion

With Sunni Muslim as the state religion under Morocco’s constitution and 99% of the population’s being Sunni Muslims, it would appear to this non-Moroccan Christian outsider that it would be easy and non-threatening for the Moroccan government to allow virtually unfettered religious freedom to all others (Shia Muslims, Christians, Jews and Bahias). However, Morocco does not do so. Therefore, I believe the U.S. government, while observing all diplomatic niceties, should endeavor to persuade the Moroccan government to provide more religious freedom to the other religious groups.

Any U.S. efforts at attempting to persuade Morocco should refer to Morocco’s ratification or accession in 1979 to the International Covenant on Civil and Political Rights (ICCPR), which provides the following in Article 18: “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

  1. “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.”
  2. “Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”
  3. “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”[2]

That U.S. effort should also mention that under the ICCPR, Morocco as a state party has submitted periodical reports regarding its implementation of the treaty to the U.N. Human Rights Committee, which after review and consultation with the party issues its Concluding Observations on that implementation. The last such Concluding Observations by this Committee, which were issued on December 1, 2016, said the following about freedom of religion in Morocco:

  • “39. The Committee is concerned by reports that restrictions are placed on the practice of religions other than the official religion. It is also concerned about provisions in the Criminal Code that criminalize actions contrary to the Muslim religion and the introduction of new offences to the draft Criminal Code that further extend the limits imposed on freedom of religion and expression (arts. 18 and 19).”
  • “40. The State party should eliminate any legislative provision or discriminatory practice that is in violation of the right to freedom of thought, conscience and religion and ensure that the draft revised Criminal Code now under discussion is fully in accordance with article 18 of the Covenant.”

Finally this outsider also suggests that discussions with the Moroccan government on this subject should refer to the January 2016 Declaration of Marrakesh about religious minorities in Muslim majority countries that was discussed in a prior post.

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[1] U.S. State Dep’t, International Religious Freedom Report for 2015: Morocco (Aug. 2016). The annual reports on the same subject by the U.S. Commission on International Religious Freedom do not comment on every country in the world and Morocco is one such country that is not covered. (U.S. Com’n Int’l Religious Freedom, Annual Report (April 2017) (Morocco is not on list of countries covered by report, pp. iii-iv).

[2] The ICCPR and other international instruments regarding religious freedom were briefly reviewed in International Law Regarding Freedom of Religion, dwkcommentaries.com (Jan. 1, 2012).

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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