Report: Morocco’s constitutional guarantees of religious freedom are limited in practice

# What the report examined

# Which laws are highlighted The report scrutinises two Penal Code provisions in particular:

• Section 220: criminalises attempts to "shake the faith of a Muslim" or encourage conversion through "means of seduction." The report argues that terms like "seduction" are imprecise and give authorities broad discretion over what religious discussion or persuasion is unlawful.

# Burial and end-of-life practices Burial systems in Morocco are primarily organised around Islamic rites. Christian and European cemeteries exist in some locations, sometimes established through consular arrangements, but access and costs vary. The report notes that burial in those alternative cemeteries can be significantly more expensive than Muslim burial in some regions, creating financial barriers for poorer non-Muslims and migrants. High repatriation costs also limit realistic options for some families.

# International law assessment The authors assess Moroccan law against Article 18 of the International Covenant on Civil and Political Rights (ICCPR), which Morocco ratified in 1979. Under the ICCPR, any restriction on religious practice must be prescribed by law, necessary, proportionate, and for a legitimate aim such as public safety or the rights of others. Drawing on UN Human Rights Committee decisions, the report concludes:

• The language in Sections 220 and 222 lacks the precision required by the ICCPR. Words like "seduction," "notoriously known," and "ostensibly" do not clearly set out the conduct punished.
• Criminal penalties for peaceful religious persuasion or public non-observance of Ramadan are difficult to justify as necessary for public order.

The authors conclude these provisions are difficult to reconcile with Morocco's international commitments and tend to preserve communal religious conformity rather than address genuine threats to public order.

# Practical implications For individuals who change faith or openly disagree with community norms, the legal uncertainty can mean official discretion over identity, documentation, and daily behaviour. The report cites a documented case in which a Moroccan Christian convert reportedly had identification documents seized in 2019 and not replaced.

For migrants and poorer non-Muslims, burial options aligned with their beliefs may be limited by availability and cost, affecting end-of-life dignity and family choices.