The 490 coalition, also known as the “Moroccan Outlaw movement” has called on Morocco’s government to repeal Article 490 of the penal code which criminalizes sexual relationships outside wedlock.
Ahead of submitting the revised penal code draft to parliament, the 490 coalition addressed Morocco’s Minister of Justice, Abdellatif Ouahbi, in a letter highlighting the negative effects of article 490 on Moroccan youth, particularly among women and those from vulnerable backgrounds.
Article 490 reinforces social class prejudice and stipulates oppression and frustration among Moroccan youth, the coalition underlined in its letter to Ouahbi, and further stated that the article “is considered as a discriminatory chapter between those who can rent private apartments, book two rooms in a hotel, or travel abroad, While the youth of vulnerable groups live in frustration and oppression.”
The letter added that article 490 perpetuates gender discrimination against women by silencing victims of sexual assault and blackmail.
The letter further argued that “if a woman has been raped or blackmailed with pornographic images until today, and she goes to the court, and she is unable to prove this, she risks herself, because she may be arrested under Chapter 490 of the Criminal Code.”
Akhannouch’s cabinet withdrew Ramid’s penal code draft, which has been blocked in the parliament since 2016, aiming to revise the code as a whole and submit a new draft to the legislative house before the end of this year.
Despite adopting a more liberal vision than the previous cabinet, the government’s new draft does not address the legalization of consensual sexual relationships in Morocco.
Many young Moroccans have been investigated under article 490 of the Criminal Code, even during quarantine last year, according to Gizlane Mamouni, a lawyer and activist for the 490 coalition.
“Moroccan taxpayers refuse to waste public money prosecuting young people accused of having consensual relationships, but rather prefer that these funds be allocated to take care of sexual violence’s victims,” said the coalition.
The letter concluded by highlighting the significance of revoking article 490 from the penal code, underlining that “too often, judges make an effort to establish a possible tribal sexual relationship between the victim and the perpetrator, rather than research the gravity of the violence caused by the latter. This usually leads to tragic consequences,”
The coalition believes that education and protection are the most effective methods to develop a society, as opposed to oppression and punishment, which increases mistrust in state institutions and increases immigration.
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