Executive summary:
This report documents the systemic human rights violations encountered by transgender and non-binary individuals in Morocco, who are ensnared within a pervasive “web of violence”—an interlocking system of legal, medical, social, and economic hostility. Drawing upon in-depth interviews with 17 transgender and non-binary individuals, the report illuminates a profound paradox: Morocco, once a pioneer in providing gender-affirming surgery for foreigners, now enforces a de facto prohibition on such care for its own citizens, resulting in a state of institutional abandonment.
The interviews reveal a stark reality characterized by a hostile legal and social environment. The weaponization of Article 489 of the Penal Code, which criminalizes same-sex acts, is employed to arbitrarily arrest and harass transgender individuals based on their gender expression. This situation is exacerbated by the complete absence of a legal pathway for gender recognition, rendering individuals legally non-existent and perpetuating a constant state of precarity in all interactions with the state, from updating identification documents to crossing borders.
This legal erasure is further mirrored by a de facto ban on gender-affirming healthcare (GAH). The report indicates an absence of GAH in both public and private sectors, with healthcare providers routinely denying care due to prejudice or fear, and, in some instances, attempting conversion therapy. This forces individuals into perilous, unregulated underground networks to access hormones and procedures, often accompanied by severe health risks.
The cumulative effect of this systemic exclusion results in profound socio-economic marginalization. Participants described experiences of intense bullying that compelled them to exit the educational system, severe discrimination in the labor market where mismatched identification leads to immediate termination, and a housing crisis characterized by familial rejection, homelessness, and landlord discrimination. For many transgender women, this systematic foreclosure of opportunities renders survival sex work as the only viable option, subjecting them to heightened levels of violence and exploitation.
In response to this oppression, the report highlights the resilience of the community through informal support networks and activism. Nevertheless, for many participants, the burden of systemic violence renders a dignified life in Morocco unattainable. Migration is perceived not as a choice, but as a desperate flight for safety, health, and the right to exist authentically.
The report concludes with a series of urgent, community-led recommendations. Central among these are calls for the Moroccan government to:
- Repeal Article 489 of the Penal Code to terminate the criminalization of transgender and gender non-conforming individuals.
- Establish a clear and accessible administrative process for legal gender recognition based on self-determination.
- End the de facto prohibition on GAH by developing national clinical guidelines and ensuring that care is accessible through the public health system.
- Enact comprehensive anti-discrimination legislation that protects against discrimination in employment, housing, and education.
- End state violence by holding law enforcement accountable for abuse and harassment.
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Authors
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an Amazigh non-binary trans activist and human rights defender based in Morocco. She advocates for the rights of the LGBTQ+ community and sex workers, with a specific focus on trans and gender-diverse issues. As a founding member of "Trans Voice South", an organization serving Central and Southern Morocco, Hamzawya is dedicated to trans empowerment, raising awareness about gender diversity, and ensuring dignity and justice for all.
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