Liberal outcomes through undemocratic means: the reform of theCode de statut personnelin Morocco

Abstract

The 2004 reform of the family code in Morocco has been held as one of the most significant liberal reforms undertaken in the country, and has led scholars and policy makers to argue that this demonstrates the democratic progress Morocco and the King are making. At the same time, the role of the women's movement in getting the reform approved has seemingly confirmed that associational life is crucial in promoting democratisation. This paper, building on theoretical work questioning the linkage between a strong civil society and democratic outcomes, argues that civil society activism does not necessarily lead to democratisation, and may reinforce authoritarian practices. Far from demonstrating the centrality of civil society, the process through which the new family code was passed highlights the crucial institutional role of the monarch, whose individual decision-making power has driven the whole process. Authoritarianism finds itself strengthened in Morocco despite the liberal nature and outcome of the reform.

Women's Emancipation and Civil Society Organisations

“…However, in contrast to Othman's (1999) theory and the approach of FM, many of the rights-based organisations adopted human rights as their sole source of referential, refusing to engage with religious ideology within their activism. This approach is consistent with an interpretation, which suggests that the Koran can only ever be an interim solution to the inequalities created by the Islamic patriarchy; equality can only be created on the basis of internationally recognised women's rights (Einhorn and Sever, 2003;Barlas, 2005). Rejection of Islam can partly be understood to result from the marginalisation women activists faced after Moroccan independence, where Moroccan traditions, religion and nationhood became conflated and overshadowed all women-specific concerns (Hélie-Lucas, 1987;Mernissi, 1988).…”

Do You Have “Connections” at the Courthouse? An Original Survey on Informal Influence and Judicial Rulings in Morocco

“…Women were declared equal household heads, and laws obliging wives to obey husbands were annulled. Following these reforms, “heralded as revolutionary,” the king gained a moniker— le Roi des femmes (the King of Women; Cavatorta and Dalmasso 2009, 489; Clark and Young 2008, 336). Likewise, Mohamed VI has reduced the marginalization of Amazigh by legalizing Tamazight in schools and television, permitting Amazigh cultural associations, and founding the Royal Institute of Amazigh Culture.…”

Breaking down dichotomies in the narratives of women’s activism in Morocco

“…By the late 1980s the king, Hassan II, began legalising civil society groups and planning moderate political reforms. Political plurality and freedom of association are still contested, even after the extensive political reforms of Mohammed VI since 2000 (Cavatorta and Dalmasso, 2009;Pruzan-Jorgensen, 2010).…”