Moudawana to Support Development Processes in Rural Morocco Participatory Research and Needs Assessment Report

Approaches to Using Moudawana to Support Development Processes in Rural Morocco Participatory Research and Needs Assessment Report

Designed and facilitated in the field by: Ibtisam Niri, Fatima Zahra Laaribi, and Gal Kramarski Lead researcher and writer: Gal Kramarski

January 2018 Table of contents Introduction ...... 3 Executive Summary ...... 4 Objectives ...... 6 Methodology ...... 7 Relevant Background ...... 8 Discussing the results ...... 13 1. General Information ...... 13 2. Awareness of Moudawana ...... 14 3. Personal perspective...... 20 4. Participatory Planning ...... 25 Conclusion and Recommendations ...... 28 Bibliography ...... 30 Appendixes ...... 31

Introduction

"Feeling that one has the right to something is much more powerful than simply needing or wanting it; it implies that someone else has the duty to respond" (Green, 2012). The lives of Moroccan women reflect tremendous changes, as well as challenges, women in Morocco have experienced in recent decades. Though today, a specific law that secures women's equal rights exists, many rural women are not gaining from what it provides. We often ask ourselves why governmental decisions and laws, which regularly influence development processes, struggle with reaching remote areas. Is this what keeps rural communities behind? Will using these laws promote development processes in these areas? How? Taking these questions with us, while appropriately integrating the Moroccan law, Moudawana, into the High Atlas Foundation’s work at the field of women's empowerment, we started this assessment research. Using the knowledge, which was collected, we wish to assist rural women, by creating bridges between their needs, and optional solutions, secured by Moudawana. Being based on Islamic sharia, we hope Moudawana will evoke change in other Muslim countries as well, regarding women's rights and their role in society. Through that, we aim to reach both individual and collective social change, locally and globally. Our thanks, first and foremost, is to every one of the 203 women who took part in the workshops, you are much stronger than anyone can imagine. Second, we thank Si Hassan Ait Outouch, and Si Abdel Jalil Ait Ali, who assisted us along the way. We thank Imane El Kachach, and Fidia Didouquen for translating and assisting in conducting the assessment workshops. Our special thanks is to Amina El Hajjami, who helped with conducting the workshops, shared her tremendous knowledge, assisted in analyzing and better understanding what we had experienced in the field. Many thanks to Ms. Ellen Paquette, for assisting in editing this report. Personal thanks to Dr. Reut Barak Weekes, for the guidance along the way. Lastly, we thank the High Atlas Foundation and its staff, particularly Dr. Yossef Ben-Meir, for supporting, consulting and pushing us forward.

Executive Summary

There is an inevitable link between human rights and development. Development, in many cases includes a process of securing access to rights, and their enforcement, whereas the existence of rights enhances development processes. Human rights and freedoms are enshrined in the Moroccan Constitution as "immutable constants."1 Since its ratification in 2011, these rights are being gradually more respected. Understanding the importance of using rights in order to support development processes, the High Atlas Foundation (HAF) determined to integrate the Moroccan law that secures into its women's empowerment ,(مدونة األسرة) women's rights, Moudawanat Al-Osra projects. The participatory needs and knowledge assessment research, conducted with rural women of Al Haouz province, was the first step taken in this direction. The information collected in this assessment research serves us in two main ways: first, it provides a glance into the needs of these communities, which helps us understand how to structure our work in these areas. Second, using HAF's participatory approach, which involves the community from the very first step, we are able to reduce the alienation towards social change, and increase the sustainability of the process. Since 2004, the implementation of Moudawana in rural areas faces different barriers in terms of both raising awareness and enforcing the new law.2 Over 94% of the women who participated in this assessment, never heard about Moudawana before. Most communities stated that the legal age of marriage is above 18, yet most girls in these areas still marry at the ages of 14-16. These are just two examples aimed to show the reality at these areas. Most communities indicated that they felt left behind; that national processes and changes hardly reached remote areas, and that even if they were aware of their rights, they knew they could not secure them. Conducting this assessment research, we tried to understand the specific reasons. Al Haouz Province, in the Marrakech region, was chosen as the pilot area, due to easy access and previous relationships between HAF and the communities, which provided a sense of trust between the two sides. We can divide the main needs that were raised during the assessment workshops into three main areas: 1. Education: high illiteracy rates among rural females remains one of the core problems, preventing them from knowing or achieving their rights. Women indicated that their lack of awareness is driven primarily from lack of education, which is driven from inequality in access to education. This includes also a lack of ability to read the law, understand and interpret it. Less educated women are more likely to get married at a young age, and miss the chance to invest in their personal growth. 2. Social: a. Better enforcement of national laws in remote areas, in which common traditions are highly respected and in many cases are considered as the "formal law". Preserving local traditions prevents the implementation of

1 Article 175. 2 Fatima Harrak, The History and Significance of the New Moroccan Family Code, pp. 8-9.

Moudawana; lack of awareness, along with lack of sufficient enforcement, allows the traditional situation to be maintained in these areas. b. Independence; it is considered inappropriate for women to exit the village without their husbands; most women are not independent to do what they wish. For instance, many women expressed their wish to freely exit the village, and visit the market. Others wished to exit the village to work, just like men. c. Violence and rape, are common in these areas, whether inside or outside the community. These issues were raised particularly while the participants discussed families’ prevention of girls attending secondary education. There is a need to secure girls' and women's protection. 3. Physical: a. Lack of access to information, including inconvenient transportation to remote areas, and lack of cellular reception. Moreover, limited access to secondary schools, results in girls' lack of attendance. Many villages lack suitable roads, which prevent frequent presence of governmental authorities in these areas to provide enforcement of the laws. These also influence women's ability to access governmental offices, and to see a judge. b. Money, rural women indicated they lack financial freedom, which holds them back from access to their rights. (Cannot afford a lawyer, nor any visits to the city to appear in front of a judge, which many legislation articles in Moudawana require). In this assessment research, we will present broadly the specific reasons, raised by 193 rural women, for the question what are the barriers that prevent national legislation from influencing remote areas in rural Morocco. Moreover, it will ask if and in what ways knowing and using Moudawana, could contribute to rural communities' development. Being based on participatory methods, the report will present rural women's suggestions for local implementation of raising awareness of Moudawana in their villages. The last part of the report suggests three recommendations for using rights-based development in integrating Moudawana into HAF's women empowerment programs.

(*) Direct quotes are used throughout the report, all were said by women of Al Haouz Province. For their personal security, we will not mention names, or specific villages.

Objectives

The High Atlas Foundation (HAF) is dedicated to women's empowerment, aiming to foster a network of agents of social change, who support other women in achieving their rights. The main need for a knowledge and needs assessment was driven from the will to integrate the Moroccan law, Moudawana, into HAF's existing women's programs, while still using participatory methods. Thus, the following objectives were set: 1. Local implementation of global ideas a. Use local rules, assets, knowledge, cultural elements and ideas in order to promote local adaptation to international processes of increasing women's equal rights. b. Involve the community in the process of finding the way to implement the national law. 2. Create bridges between needs and existing knowledge a. Increase awareness of the Moroccan law Moudawana, in order to promote its use and enforcement in rural Morocco. b. Discover what the specific needs of rural women are, and how we can assist in fulfilling these needs, based on existing assets. 3. Create a sustainable process of implementing the national law a. Create agents of social change, from among the women. b. Involve the community from the very first step, in order to support the community's motivation to take part.

Methodology Assessing knowledge and needs is one of the first parts of participatory planning of a project. It can refine and improve a product such as a training or a service a client receives. Assessing knowledge and needs is an effective tool to clarify problems and design optional solutions in a participatory manner. The High Atlas Foundation uses the participatory approach in every activity conducted in the field, driven from the belief that once the community is involved in the processes, change has higher chance to be sustained. Hence, this assessment research was designed to fit the organization's approach. Research tool: Using the focus group method, sixteen participatory assessment workshops were conducted in rural Morocco, from August-December 2017, (four months). One additional workshop took place in Marrakech, which was set as a control group. Utilizing a combination of both quantitative and qualitative tools, (mixed method approach), the assessment was conducted targeting rural Moroccan women. 193 women from Al Haouz Province, the Marrakech region took part in the assessment. Targeting women specifically, corresponds with the global understanding of women's important role in creating sustainable development processes, and promoting community growth. The survey tool (Appendix 1), was designed and adapted to capture data in the form of leading a group discussion. The form included four main parts: (1). General information, including age, level of education, and distance of the village from city. (2). Level of awareness. (3). Personal perspective on different subjects. (4). Participatory planning, including mapping of needs and suggest solutions. (1). Quantitative parts: included empirical questions, which were designed in order to assess levels of awareness of different topics.3 (Parts 1+2 in the survey form). (2). Qualitative parts: included open questions, which were designed to lead an open discussion to assess different needs and gave the participants room for raising suggestions. (Parts 3+4 in the survey form). Control groups 1. Cooperative members Two cooperatives participated in the assessment, (1). Aboghlou, which HAF has been working with since its establishment in 2016. (2). Sewing school cooperative in Tahanaout, which was established without the assistance of HAF. The results of this group were included in the data presented below; however, we will also present solely relevant differences that were indicated in these discussions. Main findings regarding cooperative participants:

3 The topics were chosen after reading the 400 articles of Moudawana, in Arabic, and discussing which parts are the most relevant and important for women to be aware of. Part 2.5 was designed to understand what areas of Moudawana rural women know, throughout teaching them the core subject raised by Moudawana.

Both cooperatives emphasized financial independence as a core value throughout the discussions. Groups from both cooperative reflected that they felt more secure asking for their rights since their membership in the cooperative. All participants from the youngest age group in the sewing cooperative are educated; most of them attended secondary education. 2. Urban citizens This group was chosen to search if there are any gaps between level of awareness of Moudawana between rural and urban Moroccan women. Nine participants in the ages of 18-30, all attended high education, and a participant in the age of 45-65, who attended primary school, took part in this group. Eight of them were born in Marrakech, and all ten live in Marrakech today. Four of them live in the Medina (the old city). The results of this group were not included in the data presented below, they are brought after each sector to examine similarities and differences. Main findings regarding urban participants: In general, we indicated that this group better understood the questions, and was passionate to have a discussion. We are also aware of the fact that the Arabic language, which might have been an obstacle in other workshops in rural Morocco, was not an obstacle here, since it is their first language. Another main difference was that the urban group perceived Moudawana as a political issue, and raised the need for a civil struggle, whereas participants in all rural groups never discussed Moudawana in this framework. Higher political awareness can result from many different reasons, including place of living, age, and education. The students who participated in the control group, are not waiting for someone to provide them their rights, they want to gain their rights on their own.

Assessment workshop, September 2017.

Relevant Background

This section will present relevant background on three topics: (1). Moudawana. (2). The Rights-Based Approach to development. (3). HAF's experience in the field of women's empowerment.

1. Moudawana Moudawana is the Moroccan personal status law, based on the Islamic sharia, and the Maliki School. Enacted in 1958, after gaining independence from France, Moudawana expressed Morocco's unique identity, culture, and connection to the Islamic and Arabic heritages. Moudawana was the first official code to set particular family legislations in Morocco; beforehand, Morocco's citizens followed local laws, traditions, and the colonialist rules. However, these legislations were not in support of women's rights, and their status in both family and society.4 In fact, Moudawana of 1958 did not suggest equal rights for women. The year 2004, marked a new era in changing women's status in Morocco, and securing their rights, with the initiation of the family-code-law, replacing the 1958 Moudawana. Following decades (مدونة األسرة) ,Moudawanat Al-Osra of civic struggles, led by strong Moroccan women, a new reality was finally suggest to women in Morocco for the first time. The Moroccan civic struggle, which occurred in the light of international changes, in the field of women's rights, not only gained the support of King Mohammad VI, but was also highly promoted by the kingdom. In 2004, the Moroccan Kingdom officially joined the global process of promoting equality between men and women. The 2004 Moudawana The Family Moudawana (2004), consists of 400 articles of legislation, divided into six main sectors, with the aim of protecting women and their children's rights. The new law constitutes a major landmark in the Moroccan women's struggle as it follows the principle of equality between men and women, in family, community and the Moroccan society. The new law changed the minimum age of marriage from 15 to 18, for both men and women. A woman can obtain a divorce, if she proves it as the last solution, as mentioned in the Quran. Daughters can inherit property like sons. Polygamy is subject to stringent legal conditions, allowing women to refuse their husbands to take a second wife. The implementation of new Moudawana, mainly in the urban sphere, led to a greater presence of women in different leading positions in Morocco. On the other side, there were also many people opposing Moudawana, claiming these new articles of legislation, were dictated from above, influenced by the West, and detached from their reality. The 2010 Status of Women in Middle East and North Africa Project showed that 30% of men in Morocco, somewhat or strongly oppose Moudawana; of these men, 34% claimed that this was because its demands are

4 According to the 1958 version, women could not marry without the permission of a wali, (male guardian), had to ask their husband's permission to visit their families, or use money independently. The law allowed polygamy. Only men could decide to divorce, and did not have to inform their wives, or ask for their permission. Men were the only legal guardians for their children; if a man died, the custody for the children went to his family, and not to the mother

9 exaggerated. A staggering 52% of men believed that Moudawana gave "too many rights to women",5 a saying, which HAF trainers also commonly heard expressed during community workshops. Since 2004, the implementation of Moudawana faces barriers in terms of both raising awareness and enforcing the new law, particularly in rural and remote areas. 2. Rights Based Approach (RBA) to development Based on an understanding the potential contribution of rights-based development, this assessment research focused on assessing knowledge and needs, regarding women's rights, according to the Moroccan law Moudawana. The following sector will present the rights-based approach, and its potential contribution to development processes. According to the Universal Declaration of Human Rights, (1948), the equal and inalienable right of all human beings provides the foundation for freedom, justice, and peace worldwide. In December 1986, the United Nations, (UN), added the Declaration on the Right to Development, to its Declaration of Human Rights; this marked a new era in social development. In 2000, the UN published a report claiming: "Human development is essential for realizing human rights, and human rights are essential for full human development". These declarations present the growing global understanding of the need for rights-based development. According to this perspective, a legal framework enables 'rights-holders', to make demands on those in power, the 'duty bearers', which in many cases are governments. Duty bearers carry the responsibility to protect and fulfil the rights of all people, particularly of those who come from excluded and peripheral areas. Different scholars and practitioners had claim throughout the years that rights-based approach to development, on its own, is not sufficient to ensure sustainable development; however, when the rights-based approach is linked to other methods, it might foster development processes, and supports their sustainability. Sen, (2009), claims that alongside with providing rights, individuals need capabilities in order to be aware of their rights and act on them. Sen adds, "Capabilities determine what people can do, and who they can be".6 Allison et al. (2012) claim that in order to address the broader framework of human rights, one should feel a personal connection to it, using the example of securing fishers' rights by also addressing other individuals' rights in their community.7 From these, one can learn that involving the community in the process of assessing needs, can contribute to the design of a sustainable process which uses the rights-based approach to support development. 3. HAF's experience in the field of women's empowerment The High Atlas Foundation is a US non-profit organization and Moroccan national association that aims to make sustainable prosperity and opportunities for improved

5 IFES and WPR. (2010). The Status of Women in the MENA. 6 Duncan Green, From Poverty to Power How active citizens and Effective States can Change the World, (Practical Action, Oxfam, UK, 2012), p. 21. 7 Edward H Allison , et al, Rights-based fisheries governance: from fishing rights to human rights, (Fish and Fisheries, 2012), p. 14.

10 quality of life, by using participatory methods to create agents of social change. The organization uses following methods: ➢ Creating agents of social change builds self-esteem, motivation, self-respect, and self-reliance for individual recognition of human rights and behavioral change and growth. ➢ Training participatory planning facilitators, which helps build consensus in community development and leads to inclusive, democratic pluralistic societies as well as greater knowledge and exercise of rights (both codified domestically and internationally). ➢ Supporting social and financial independence by establishing women's cooperatives – encouraging sustainability – strengthens personal independence and sustainable actions. HAF has been working in the field of women's empowerment since 2011. Working with the Middle East Partnership Initiative, HAF first built capacities in participatory planning with locally elected women to municipal councils in the Rhamna province. HAF then advanced participatory development workshops with women’s cooperatives in Al Haouz and Boujdour provinces. In regards to legal rights advocacy, in 2016-2017 HAF implemented a Legal Aid Program to advance civil society’s and communities’ capacity to advocate for policy reforms related to access to development in the Mohammedia and Boujdour Provinces. During the duration of this project--also funded by the National Endowment for Democracy--HAF organized 73 workshops that provided in-kind legal aid services to university students, civil organizations, elected officials, and individuals from the Province of Mohammedia. The program is still ongoing at the Faculty of Law, and is now managed by professors and masters students.

In recent years, HAF’s women’s empowerment approach has had two main programs: 'Imagine' and 'the Cooperative Project'. (1). 'Imagine', is a shared partnership with the Empowerment Institute (EI),8 is a self-discover participatory workshop. Through Imagine, HAF assists rural women in finding their voices, stating their goals and achieving their dreams. (2). 'HAF's Cooperative project', supports the establishment of women's cooperatives, and their development, in order to create financial independence, expand networks and support changing women's role in their communities. Each cooperative is established after a participatory process of assessing the community's existing assets, skills and needs. Built on an evaluation report (2016), and the feedback which is constantly received from the participants, we indicate that the cooperatives support women's ability to become more independent, gain skills and knowledge, and change their realities.

8 http://www.empowermentinstitute.net/

Assessment workshop, October 2017

Discussing the results

1. General Information

This section will present the profile of the 193 women, who participated in the needs assessment workshops, (August 2017- December 2017). Since the HAF’s main office is based in Marrakech, we chose to conduct the assessment workshops in a province of this region. Women of three main age groups were chosen, in order to present the differences between different generations.

1.1 Area of research: Region: Marrakech-Safi Province: Al Haouz Communes:

1. Amzmiz, (57.8 km. from Marrakech). 2. Oukaimeden, (77.6 km. from Marrakech). 3. Ourika, (37 km. from Marrakech). 4. Setti-Fadma, (63.5 km. from Marrakech). 5. Tahanaout, (35.1 km. from Marrakech).9 Villages: Agadir N' Ait Salm, Agadir-Tasaout, Aghbalo, Ait Hmad O'Ali, Aitlakak, Anins, Annamer, Anougal, Bowjnui, Takatrt n'Ofla, Takatrt n' oualigh, Talatan. • See attached appendix 2. 1.2 Participants profile: The participants came from three different age groups; there is a possibility that some of the girls were younger than 18 or older than 65, yet they are included in one of the groups that is closer to their age. Most focus groups were divided according to age, in order to provide a comfortable environment, which will allow an honest open discussion (for instance, in order to separate mothers and daughters, or women and their mothers-in-law). 1. Young (18-30): 61 participants total. • Education: 25 Primary school, 21 secondary school (17 of them from the same commune, Tahanaout), 1- high education – a teacher. 2. Adult (30-45): 64 participants total. • Education: 4 primary school, 3 secondary school. 3. Older women (45-65): 68 participants total. • Education: Zero attended formal education.

9 The information is based on Google Maps data. The stated distances are from the center of Marrakech to the center of each commune, some villages do not appear on maps; they are situated higher in the mountains, and lack roads for transportation.

2. Awareness of Moudawana

2.1 Have you ever heard about Moudawana? The first question that was raised in each participatory discussion was "have you ever heard about Moudawana before". 94% of the women indicated that they never heard about Moudawana. Out of the 171 participants,10 only ten women (0.06%), (not more than 3 participants in a group, and not in every group), indicated they have heard about Moudawana before. These shared they had heard about it in the news, either through the radio or television. One woman indicated she had heard about Moudawana from a song her friend sent her after participating in one of our previous assessment workshop, in which we played the song.

Figure 1: Awareness of Moudawana

Awareness of Moudawana 0.06%

0.94% Yes No

10 Twenty-two participants, from Anougal village were not included in the results for this question, since their answers were biased. The head of their cooperative prepared them for the meeting, and we could not know if their answer to this question honestly reflect their reality.

Awareness of Moudawana, divided by age Five out of the ten, women that answered "yes" to 2.111, were from the youngest age group, (18-30), 8% out of 61 participants from this age group answered "yes". All five are literate, and attended primary and secondary school. Three women were from the second age group (30-45), 5% out of the 56 participants from this age group answered "yes". All three are literate and attended primary school. Two women were from the oldest age group (45-65), 3.7% out of 54 participants from this age group answered "yes". All women in this age group are illiterate. Even though the number of women who are aware of Moudawana is marginal, according to the results, we can indicate that younger generations are more than twice as aware of the law as older generations. One possible reason for that can be level of education, which is higher among the younger participants in this assessment research.

Figure 2: Awareness of Moudawana, divided by age groups

Awareness of Moudawana by Age

60 56 53 52 50

10 5 3 2

0 Age 18-30 Age 30-45 Age 45-65

Aware Not aware

Cooperatives control groups: six participants, who answered "yes", are cooperative members; four out of them are from the sewing school cooperative. The urban control group: 100% of the participants were aware of Moudawana. Three of them heard about it at the university, others saw on television or read about it in social media.

11 Question 2.1: "have you ever heard about Moudawana before?"

2.2 What is the purpose of Moudawana? In order to understand how rural women perceive the purpose of Moudawana, we asked them to share with us what in their opinion, is the purpose of Moudawana. Analyzing the answers, we indicate that rural women emphasize their children's rights and security, provided by Moudawana, as a central purpose of the law. The table below is ranked by number of times a topic was raised, not according to any other importance. 1. Promote and secure women's rights (8) 2. Promote and secure children's rights (5) 3. Secure family's rights (as a whole) (5) 4. Promote and secure gender equality (4) 5. Change women's status (2) 6. Reduce violence against women and children (2) 7. Secure children's education (2) 8. Prevention of rape cases, mainly of girls (1) 9. Support women who oppose polygamy (1) 10. Help disable people (1)

2.3 What is the legal age of marriage for girls in Morocco? According to Moudawana, the legal age of marriage, since 2004, is eighteen, for both male and female; before then, it was fifteen for girls. All groups, except one, answered eighteen or above. However, most groups indicated that in reality, girls marry at a younger age (12-16), in their village. This shows that though rural communities are aware of different national legislations, in many cases, they are not being respected. The main reason for that, mentioned by the women, is that traditionally, girls used to marry at a younger age, and their communities, (which are led by older men), do not see why they should change these traditions. The one group that did not answer eighteen or above, said the legal age of marriage in Morocco is fifteen; that might be because they were aware of the previous law, and were not aware of its change in 2004.

Figure 3: the minimum legal age of marriage for girls in Morocco Minimum legal age of marriage for girls in Morocco 100 90

80 70 60 50 40 30 20 10 0

15 18 19 20 21 23

Number of Participants

Figure 4: actual age of marriage in rural villages

Do girls in your village marry in the age of 18? 8 7 6 5 4 3 2 1 0 Yes No - Marry Younger No - Marry Older (*) No Answer

Number of Groups

(*). The group that answered "No marry older", explained that when girls are younger than 18, they yet are not well enough prepared to take care of their husbands, cook, clean, etc. and they would not like their girls to experience failure. The urban control group: All of the participants in the urban control group said eighteen was the legal age of marriage in Morocco. However, they all mentioned that women in their societies marry at a younger age (15-16).

2.4 Are children's rights included in Moudawana, if so which rights? Except three groups who answered "no", all groups said children's rights are included in Moudawana. Some groups linked these rights to religious obligations in the Islamic sharia, which is logical, as Moudawana is based on the Islamic sharia. Most women indicated that women have more responsibility to take care of their children's physical and emotional needs; men support by providing financial care. The following topics were raised as children's rights, which in their opinion are included in Moudawana; these are rights which are indeed included in Moudawana. 1. Children's right to education 2. Protection against violence (inside and outside the family), specifically from rape 3. The right to stay with the mother in a case of a divorce 4. Provide stability, physical and emotional needs (specifically food, healthcare) 5. Allow freedom, independency to pursue their dreams, and achieve their goals

2.5 Do you think the following legislations are part of Moudawana?

Legislations, different areas of Moudawana Number of groups, Yes/No 1 Moudawana is built on the Islamic sharia and the Yes, (7 groups), No (2 groups). Indicated that though their communities Maliki School are very religious, they separate religion from their local customs, and give more respect to their local customs. We also recognized lack of knowledge about the Maliki school. 2 The minimum age of marriage is 18 Yes, (10 groups), No, (0 groups), however, most groups also mentioned that it is not implemented in their village. 3 All possessions and property a wife brings to the Yes, (8 groups), No (one group), half yes half no (1 group). However, they marriage (including furniture), are her property mentioned that in reality it depends on the husband, and in some cases not implemented. 4 A man cannot take a second wife if the first wife does Yes, (9 groups), No (one group). However, many indicated this is not not approve it implemented in their area. Some link it to lack of ability to read and write, others indicated that they are afraid their husbands will leave them if they rebel. 5 Polygamy is not allowed when there is a risk for Yes, (9 groups), No (1 group). Some indicated this is not implemented in inequity between the wives their reality. One group shared that in their village polygamy is not allowed at all, since the community decided to ban it. 6 In case of breaking the marriage, a woman has an equal Yes, (7 groups), No (one group), Not sure (one group).Most groups shared right to custody of the children that the children should remain with the mother, and not even the mother in law. They indicate that they think it is the normal thing, since women are those who take care of the house and the children normally. However, their fear is that they do not have the financial ability to be the one who takes custody of the children. 7 A woman can ask, by herself, to get a divorce Yes (10 groups), however, in reality, even if they have many problems, they would not dare ask for a divorce, because they know they will be expelled from their community. 8 A woman can obtain a divorce, in exchange for paying Yes (3 groups), No (4 groups), Not sure money (2 groups). 9 After a year that the husband is absent, a woman can ask Yes (6 groups), No (2 groups). Half yes half no (one group). They shared it can for a divorce by herself be true according to Islam; however, local traditions do not accept it. 10 In case of a divorce, the man must provide the children Yes, (9 groups). Men have to provide the physical things, women the with a place to stay, or pay them enough money to find emotional ones. a place to live 11 After a divorce, the marriage vows and pledges are not Yes, (6 groups), No, (one group), half valid anymore yes half no, (2 groups). 12 Repudiation of the marriage is allowed under a judge's Yes, (8 groups), Not sure, (one group). supervision

The urban control group was familiar with all 12 sentences presented in this section.

Main issues and needs indicated in this part: Educational 1. Literacy. All groups raised illiteracy as a core obstacle that stands between them and knowing their rights. Though literacy rates among younger generations are increasing, most of the older women are still illiterate. Women in several villages asked for literacy classes for older women specifically. In one of the villages in Setti-Fadma commune, we heard the following story: "My friend opposed the idea of polygamy, but her husband insisted on taking a second wife. In order to take a second wife, he had to get her to sign an official paper. My friend, who is illiterate, was convinced that she is signing documents for pilgrimage to Mecca. Only after he married the other woman, she found out what she had signed on…" Though Moudawana protects her right to oppose polygamy, this woman lacked the relevant knowledge and ability to claim her right. 2. Number of girls who attend high education. Though we indicate an increase in primary school attendance, yet the number of girls attending secondary schools remains marginal. The groups shared several main reasons for the question why girls do not attend secondary schools. Secondary schools are usually regional, and are located far away from the village, (in some cases, more than two hours walk to each direction). Families fear that their girls will be raped on their way to school. If a family can afford high education for a child, they would prefer sending their sons, and not daughters. Since, there are not enough girls to open a separate class for girls, and most families would not like their daughters to attend a mixed classroom, many girls are prevented from high education. 3. Language. The population in these villages are Amazight. Most Amazight people speak Arabic as a second language, which they usually learn at school. Many women, mainly from older generations, cannot read, write, speak or understand Arabic. News (television, radio, newspaper), are delivered in literature Arabic, which is not a language many of them understand. These makes it difficult for women in rural Morocco to be aware of Moudawana. Technical and social 1. Lack of access to information, driven from a lack of cellular, radio or television reception, was raised during the discussions. Women of one of the villages in Setti- Fadma commune shared that cellular reception is one of their biggest needs, as they feel isolated from the rest of their country. "It seems as no one cares about us. Other villages in our commune do have reception, and if something happens – medical need, or birth for example – they can use it. No one cares about us, we are neglected here; how could we know our rights? We first need to gain basic needs such as roads, reception, etc. only after we could care for our rights." 2. Lack of political awareness and participation – "Moudawana is politics; it has nothing to do with our daily lives".

3. Personal perspective

In this section, the participants were asked yes or no questions, as well as open questions, which led to lively discussions. This section will present the main findings in their answers, and the main needs that were raised during these discussions. 3.1 Do you feel that your rights are secured? Does the existence of a law secure your rights? Eleven groups, (73%), answered "yes"; these were the main issues discussed: 1. God secures our rights. 2. We feel our rights are secured, however, not in every aspect; the issues of marriage and divorce are an example for that. 3. The rights are not given to them, they demand them. With the help of god, the government and NGOs representatives, they are secured.

Four groups, (27%), answered "no"; these were the main issues discussed: 1. Local customs are far more respected than any other law. The existence of national laws, in many cases is not relevant to the reality of their lives. 2. Lack of financial and social freedom prevents them from knowing and demanding their rights. 3. Bureaucracy is a burden, in the way of securing their rights, since they lack the skills to deal with bureaucratic demands.

3.2 Will you feel comfortable speaking with your husband about polygamy? How does your community perceive polygamy? Does anything influence a woman's ability to ask her husband not to take another wife? (Family, friends, community…) Nine groups, (60%), answered "yes"; these were the main issues discussed: 1. If a woman cannot give birth, she should not oppose a second wife 2. One group shared that polygamy is forbidden in their village, according to their local laws.

Six groups, (40%), answered "no"; these were the main issues discussed: 1. In order to avoid a conflict with their husbands, they prefer not to discuss it. 2. Polygamy is perceived as something acceptable, as long as there is equality between the women. 3. Women experience violence against them, and perceived as rebels when they ask for things like this

3.3 will you feel comfortable asking for a divorce? How do you think the community relates to a woman asking for a divorce? Do you have any example? Five groups, (33%), answered "yes"; these were the main issues discussed: 1. Feel comfortable asking their partners for a divorce; however, will not feel comfortable with their children, extended family and their community. 2. The older generation did not have different opportunities, as younger generations today; one of them is women's right to ask for a divorce.

Eight groups, (53%), answered "no"; these were the main issues discussed: 1. Divorce is a taboo in their culture, even though it is allowed in Islam, local traditions refer to it as a taboo. That is why even if they are suffering, they would not dare to ask for a divorce, as they are afraid to be excluded from their community. Most women will not ask for a divorce because they care about their image in their community. 2. Will not think of asking for a divorce, mainly because they are financially dependent on their husbands. 3. The woman is the only one to blame for an unsuccessful marriage, in the eyes of their communities; most of them will accept the blame.

3.4 Is there mutual responsibility for your children between you and your husband? What are you responsible for? And he? Do you share equally the tasks? Ten groups, (66%), answered "yes"; these were the main issues discussed: 1. It is mutual, we take care for the "inside", and men take care for the "outside", so we are equal. 2. Each gender has its own responsibilities, men are responsible for money, we take care of the house, cook, clean, help the children.12

Four groups, (26%), answered "no"; these were the main issues discussed: 1. If our child experience success, it is the father's success. If our child fails, the mother is the only one to blame. 2. Women spend their money on the children and the house, men spend the money as they wish, and also on personal things. We are not financially independent.

12 In their opinion this means equal and equality, they accept this role division.

3.5 Do you feel comfortable asking for your rights? Five groups, (33%), answered "yes"; these were the main issues discussed: 1. It depends on the husband's financial abilities. If he has money, it is easier for them to ask for rights.13 2. Able to ask for their rights, however, in a limited manner.

Nine groups, (60%), answered "no"; these were the main issues discussed: 1. Answered no, however they mentioned that after they started working, they feel more comfortable also asking for other rights.

3.6. Do you think women have same rights as men? Four groups, (26%), answered "yes"; these were the main issues discussed: 1. Today, women and girls have more rights than before, in older generations. 2. Cooperative members indicated that now they feel as they have more rights

Eleven groups, (73%), answered "no"; these were the main issues discussed: 1. Men can exit the village as they wish, they can visit the market, and women cannot. I wish I could also visit the market whenever I want. 2. Men receive more education than women do, boys get the chance to go to secondary schools, most girls do not. 3. We have to ask for permission to do anything we want, men do not have to

13 We indicate that in many cases rural women link rights to financial abilities.

Main issues and needs indicated in this part: Knowledge related 1. Training workshops: to increase knowledge about their rights. Most groups indicated that they lack the relevant knowledge, which limits their access to rights. "If we would not learn what our rights are, we will stay dependent on our husbands, families, community". 2. Access to education. Most girls do not attend secondary education, (as mentioned in the first section). "My brother does not allow me to attend secondary school, since there is no class only for girls, and I am not allowed to study in a boy's classroom." Lack of education increases the inequality between men and women, and their perception of what they deserve. 3. Equality in education: "today more boys attend higher education in cities, this changes their behavior. When they return, in many cases, they treat women differently, because they become more aware of their rights." Financial Many groups linked rights to money and financial abilities. 1. Women ask to exit the village: most groups discussed the need to exit the village independently. "I once went to AlAgrab (center of the province), and different men from my village were watching me. I felt uncomfortable and as if I shame my family". Due to social norms in rural Morocco, it is less acceptable for women to exit their village on their own. Hence, most women do not generate money, and are not financially independent. 2. Lack of tools: women ask for trainings to gain the relevant tools to use their existing skills in order to become financially independent. 3. Equality in role division: traditionally in most of these areas, men's role is to generate money, and women's role is to take care of the house and the family. a. Most women expressed frustration, as their work inside the house is not being perceived as work, and they are not appreciated as they wish to be. b. They ask, as men, to be able to work outside the household and generate money independently. (They expressed that they will use the money to support their children, but also to be able to go to a hammam for example, without asking their husbands for money or permission). 4. Cannot imagine what it is to be financially independent – some groups indicated that they do not need to generate money on their own, because they get what they want from their husbands. When they were asked if they will need money in order to obtain a divorce, for example, they did not know what to answer. a. Most groups indicated that they are financially dependent on their husbands and/or families. Those who are members of a cooperative indicated that this provided them an opportunity to exit the village, become more equal to men, and more financially independent.

Social 1. Fear: most women indicated they fear asking for their rights, in different levels. 2. Fear of divorce: "Divorce is one of the things we fear the most of. Some women cannot even express this word. This is our image in our community, and this will hurt our children, I must protect them. Even if we have problems, even if I experience violence, and I am not happy, I will not dare to ask for a divorce, this is a taboo." 3. Shared responsibility: women take most of the internal responsibilities, as well as blames. All they ask for is appreciation, and for men to share the responsibility not only for successes, but also for failures. "If our marriage will not succeed, this is my fault. If our children fail, or are exposed to dangers, this is my fault." 4. Equality: "men's rights are above our rights; this is how it always was." Many could not understand the concept of having equal rights, as this is not how they are used to living.

Assessment workshop, November 2017

4. Participatory Planning In this section, we aimed to understand how rural women suggest raising awareness and implementing Moudawana in their communities. We first wanted to understand how rural women perceive rights, and rights-based processes. Second, we asked them to suggest practical actions, in order to make them active actors in the process of integrating the rights-based approach to the organization's participatory method, in the field of empowering women, from the very first step. 4.1 What are the risks and dangers for women in your area? 1. Being exiled from the community if rebelling or going against what is traditionally accepted. 2. Violence and rape 3. Conflict within the family. If the husbands did not know the organization and its work before, their participation in such workshop, could be a risk for them and might have caused a conflict.

4.2 What is more respected in your village, local traditions or the country's laws? Most groups indicated that local traditions and norms are highly respected in their villages.14 "We have a local representative of the government for each area; he is in charge of enforcing national laws. However, before that, each village has its own law enforcement mechanism. The family is the first authority to judge, based on family customs and local traditions, which are highly respected. If a family cannot solve a personal debate, they go to their community's formal authority. This person will always be a man who was born in the village, in order to know the local customs, traditions, culture and history, and to be able to judge according to them. If there is a clash between the national laws and the local ones, in most cases, he will decide in favor of local traditions". 4.3 What change would you like to see in your personal life? In your children's lives? 1. To be free to have my own opinion, choose what I want to do, and who I want to be. For the children, to also be free to choose. 2. Learn how to read and write, even in an old age. 3. To be able to work outside the house, in order to become financially independent.

4.4 Can you think of someone who can help you making this change? Mostly mentioned: god, national authorities, family, friends, and NGOs (workshops). 4.5 What is women's role in their community? Society? Mainly mentioned that women's role is mostly inside the house. Her role is to take care of the house (cleaning, cooking, harvesting, taking care of house animals), and to take care of the children (health, education, food).

14 In some cases, this is driven from lack of access to knowledge and information, particularly among women.

4.6 Could you describe in which ways using the law will help you in achieving your rights? 1. Knowing the law is the first step, they indicated that they cannot use something they are not aware of, and are not familiar with its content. 2. "If any of us knew the specifics of the law, we could pass it to more women in our village, and in our area".

4.7 Do you feel that raising awareness to the Moudawana will benefit with women in Morocco? To what extent? 1. "If we know which rights exist, we will feel more secure to demand them". Emphasized children's rights as well. It will provide women the legal right to say no, to what they do not agree with. "Then people will know that not only men have rights, and will respect us and our rights as well". 2. Women will be more visible, more active in their communities, and in local and national decision-making. 3. Women will become stronger, especially when fighting against violence

4.8 Do you feel that raising awareness to the Moudawana will benefit with you, personally? To what extent? This question was more difficult for most of the groups; some groups said that it is difficult to imagine that, as they still lack awareness. 1. "It will provide us the courage to demand our rights, which will make us stronger". 2. "It will help us gain mutual respect". 3. The right to work, awareness to the law will allow them to work outside as well.

4.9 In your opinion, how can we raise awareness of Moudowana among people in your village?

1. Trainings and providing women access to this relevant knowledge. 2. Many groups mentioned also training for men and youth. They said that in their opinion, men might be aware of the law, however, they do not respect it. They suggest that men will go through the same participatory process, to achieve civil involvement and change traditional perceptions. 3. Use films, songs and visuals, as many women cannot understand Arabic, and some are also illiterate. 4. Education, strengthen education to support their children and the following generations to have more opportunities and options in life. 5. Community activities and conferences

Main issues and needs indicated in this part: Challenges 1. Include women in decision-making. Women usually are not part of decision- making, sometimes it is because they do not feel comfortable joining. Hence, they lack the ability to express their point of view, their needs, or wishes. These will put a burden on their ability to raise awareness of Moudawana, unless men are involved. 2. Social independence, many women indicated that having workshops only for women might be problematic in their village, unless men are fully aware of the content. 3. Financial independence in terms of implementing the law, if they wish to demand their rights, they do not have access to a lawyer or a judge, they cannot go on their own to the governor or any other government office to demand their rights. "We might know our rights, but we do not know who to ask for help, we do not have money to pay for the process, and also, we do not have time for this process". Suggested solutions for raising awareness of Moudawana 1. A holistic process with the whole community – include men and youth in a parallel process that starts with assessing knowledge and needs. Strengthen the sense of a community, in a manner that emphasizes women's important role and contributions. 2. Use visual materials when conducting workshops. Including videos, songs, and pictures. 3. Knowledge and education- teach women in all ages how to read and write. Provide different skills that will help them read the law independently. 4. External involvement (of NGOs), is possible; however, only if men had worked with the organization at the past, and there is trust between the community and the NGO. 5. Emphasize the potential support to the whole household, mainly financially and the benefit to the children, if women can work for money.

Conclusion and Recommendations

The assessment research, which focused on the knowledge and needs of rural women in Morocco, revealed important information. At the end of each chapter in this report, we present the main difficulties and needs, as raised by the women. The assessment workshops supported HAF's work with rural women in several different areas, as indicated by both the facilitators and the communities. First, it assisted HAF's facilitators to understand better the needs of the communities they work with, in a wide and inclusive manner. Second, it raised lively discussions among the communities, regarding women's role and their rights. This, in most cases, motivated women to start a process of acting on their rights, in order to create more opportunities for themselves and their daughters in the future, particularly through gaining education and generating money. Third, we conducted assessment workshops only with communities who had benefited from working with the organization before, and in which we gained mutual trust. In most of these areas, mainly men were involved in previous processes of raising needs and decision-making. Targeting women separately provides a different point of view on relevant needs of the community, as well as different suggestions of ways to answer them. This made rural women active participants in achieving equality and gaining their rights. Resulting from our assessing workshops, one group started literacy lessons, as they wished to be able to understand their rights. A16-year-old girl from their community, volunteered to teach them. These women now have weekly literacy lessons, in a mosque in their village. They shared that the assessment workshop was the first time they set and discussed their abilities, their fears, and their wishes, and that this motivated them to start acting on their rights. Another group asked for bureaucratic support to start their own cooperative, and become financially independent. They own the relevant knowledge to start a crafts cooperative; due to the workshop, they became highly motivated to start the process. All they needed, in their words, was to sit together and discuss these issues. In the stated above cases, we indicated a direct influence of the assessment workshops. However, we acknowledge the fact that in some cases, the effect of these kinds of interventions might result in an indirect influence on the participants, which might now be invisible to us, and become clearer at the future. 1. A process of participatory assessing needs and knowledge with every community we work with is necessary. The community becomes active in the process of implementing right-based development, simply by discussing the needs of having a law, or they ways it could support their rights and improve their lives. Once the community is involved in the discussion, its people gradually become less alienated to the existence of national laws, which before seemed unrelated to their lives. Using this method might increase the chance for the change to sustain. 2. There is a need for a long-lasting process, which integrates human rights-based development to an inclusive process of supporting social and financial independence. We indicated a great lack of awareness and lack of access to rights. Many women indicated that knowing that they have a right, provides

them with security, and strengthens their ability to demand a change. Using HAF's existing programs, we suggest adding a step between 'Imagine', and a project of establishing a cooperative, with the goal of having a yearly program that includes all three steps, with each community. 1) Self-strengthening through Imagine. 2) Learning and using legal rights, through Moudawana. 3) Gaining financial independence, through cooperatives and associations. The middle step will be a program focusing on rights, particularly Moudawana, with the goals increasing access to rights, and strengthening women's sense of security to support the process of pursuing their dreams. a. According to that, we designed a program, which will bring together university students and rural women, for a one-year process of learning about rights, and designing local program, which will support the implementation of these rights in a way that respects the community's core values. Students have the access to the relevant knowledge, along with the will to support civil participation in raising awareness of Moudawana. Students will provide rural women the access to Moudawana using different methods. Together they will design local forms of raising awareness and better enforcing Moudawana in each village. (For the specific design of this activity see appendix 3). 3. Involve local authorities in the process, particularly locally elected officials, community and civil leaders, and provincial authorities as they have responsibility and are part of decision-making in these areas. As mentioned above, we worked only with communities in which HAF gained the trust of their leaders. We see great importance in having the same process of promoting awareness of Moudawana among these leaders, while encouraging them to discuss its potential support of development processes. Resulting from this research, we recommend emphasizing potential benefits for the family as a whole. For instance, by allowing women to work outside the house and to generate money, they create more opportunities for their children. Gaining the trust of these leaders will increase women's ability to participate in any suggested activity. 4. Encourage local leadership to promote sustainable development, through creating relationships between rural and urban women (university students). The students control group expressed different motivations regarding the use of Moudawana to improve women's status in Morocco. While rural women shared mainly personal motivations, students referred to it as a shared responsibility or even as national mission. Moreover, students were well informed of the different articles of Moudawana, and where highly motivated to shift their knowledge to others. The program attached as appendix number three, presents a project we designed, that brings together university students and rural women to learn about Moudawana, and design suitable local implementation of the law.

Bibliography

Allison, Edward H. et al. Rights-based fisheries governance: from fishing rights to human rights. (in: Fish and Fisheries, 2012).

Fatima Harrak, The History and Significance of the New Moroccan Family Code, in: ISITA working paper series. (2009).

Green, Duncan. From Poverty to Power How active citizens and Effective States can Change the World. (Practical Action, Oxfam, UK, 2012).

IFES and WPR. Status of Women in the Middle East and North Africa. (2010).

المملكة المغربية، مدونة األسرة صيغة, ٢٥ .Moudawana, Arabic original version, 2016 update .يناير، ٢٠١٦

Moudawana, English translation http://www.hrea.org/programs/gender-equality-and- womens-empowerment/moudawana/

Sen, Amartya. The Idea of Justice. (Harvard University Press, 2009).

The Empowerment Institute. http://www.empowermentinstitute.net/

United Nations Declaration of Human Rights, Article 175.

Appendixes

(1). Survey used to lead the group discussions

Needs and Knowledge assessment; Moudawana Notes: 1. Can be done as focus groups and as one-on-one talks. 2. Remember to divide the group by ages. 3. This questions will lead our discussion, however if the women express other needs, have an open discussion, which they lead. 4. الوحدة األولى: المعلومات الشخصية Section 1: Personal information النوع :Gender .(1) ذكر a. Male أنثى b. Female آخر c. Other السن :Age .(2) a. 10-18 b. 19-30 c. 30-45 d. 45-60 60 فما فوق e. 60 and above مكان االزدياد :Place of birth .(3) منطقة قروية______a. Rural village مراكش المدينة (b. Marrakech (city أخر ______c. Other مكان العيش Place of living .(4) منطقة قروية______a. Rural village مراكش المدينة (b. Marrakech (city آخر ______c. Other مستوى التعليم Education .(5) مهارات منزلبة a. Home skills التعليم االبتدائي b. Primary school

التعليم الثانوي c. Secondary school تعليم جامعي d. University آخر ______e. Other الوحدة الثانية: المعرفة و التوعية حول Section 2: Knowledge and Awarenes, Moudawana مدونة األسرة

1. Have you ever heard about the Moudawana law? And its 2004 version? 1. هل سبق لكم أن سمعتم بمدونة األسرة وبالمستجدات التي جاءت بها سنة 2004 ال No نعم Yes

انعكاس النساء حول طبيعة السؤال: عدد األشخاص الذين أجابوا نعم: ______

______

2. What is in your point of view, is the purpose of the Moudawana? 2.ما هو في رأيكم مضمون مدونة األسرة؟ ______You can share with the participants that these are the core purpose: يمكن فيما بعد مشاركة المشاركات بعض المضامين الجوهرية: تعزيز وضع المرأة a. Promote women's status المساعدة في إكمال حقوق األسرة b. Help kipping the family rights تعزيز المساواة بين الرجل والمرأة c. Promote equality between men and women حماية حقوق الطفل d. Protect children's rights كل األجوبة صحيحة e. All answers are correct

3. What is the legal age in Morocco of marriage? a. Why is this law important for women? b. Is this implemented in your reality? If not, why? 3.ما سن القانوني للزواج بالمغرب ؟

- لمادا هدا القانون مهم بالنسبة للنساء؟ - هل يطبق هدا في واقعك؟ ادا كان الجواب ال لمادا؟

______You can share that the legal age was 15 before 2004, however now it is 18. يمكنك مشاركة أن السن القانوني كان 15 قبل سنة 2004، ولكن اآلن هو 18.

انعكاس النساء حول طبيعة السؤال: عدد األشخاص الذين أجابوا بشكل صحيح: ______

4. Children's rights are included in Moudawana, can you think of which kind of rights? a. Why is it important to include these in Moudawana? b. Why is it important specifically for girls? 4.هل حقوق األطفال منصوص عليها في المدونة؟ إن كان نعم ماهو نوع هذه الحقوق؟

- لماذا من المهم إدراجها في المدونة؟ - لماذا مهم هاصة بالنسبة للفتيات؟ ______You can share after with the pariticipants that these are their rights : يمكن فيما بعد مشاركة المشاركات هذه الحقوق: c. Protection of life and health until they come of legal age أ: حماية الحياة والصحة إلى حين الوصول إلى السن القانوني d. Ensuring respect of their identity ب : ضمان احترام هويتهم e. Financial maintenance until legal age ج : توفير االمكانيات المادية الى حين بلوغ السن القانوني f. Breastfeeding by the mother د : الرضاعة من طرف األم g. Protection of physical and psychological health ه: حماية الصحة الجسدية والنفسية h. Provide them with education ر: توفيرلظروف الدراسة

5. Mark if the following are articles from Moudawana

YES NO Not sure 1. The Moudawana is built on the Islamic sharia and the Maliki School 2. The minimum age of marriage is 18 3. All possessions and property a wife brings to the marriage (including furniture), are her property 4. A man cannot take a second wife if the first wife does not approve it (more information) 5. Polygamy is not allowed when there is a risk for inequity between the wives 6. In case of breaking the marriage, a woman has an equal right to custody of the children 7. A woman can ask, by herself, to get a divorce 8. A woman can obtain a divorce, in exchange for paying money 9. After a year that the husband is absent, a woman can divorce herself …

10. In case of a divorce, the man must provide the children with a place to stay, or pay them enough money to find a place to live 11. After a divorce, the marriage vows and pledges are not valid anymore 12. Repudiation of the marriage is allowed under a judge's supervision

عدد عدد مرتاحة أو اإليجابات اإليجابات ال؟ بنعم بال 1. مدونة األسرة مستوحاة من الشريعة االسالمية و المذهب المالكي 2. السن القانوني للزواج بالمغرب هو 18 سنة. 3. كل األمتعة والممتلكات التي تأتي بها الزوجة في زواجها تعتبر ملكا لها 4. ال يمكن للرجل أن يتخذ زوجة ثانية إال بعد موافقة الزوجة األولى. 5. يحظر تعدد الزوجات عندما يكون هناك خطر لعدم المساواة بين الزوجات. 6. في حالة انحالل الرابطة الزوجية، تتمتع المرأة بحق متساو مع الرجل في حضانة األطفال. 7. يمكن للمرأة أن تطلب الحصول على الطالق من تلقاء نفسها. 8. يمكن للمرأة الحصول على الطالق، مقابل دفع المال. 9. بعد مرور عام على غياب الزوج، يمكن للمرأة المطالبة بتطليق نفسها. 10. في حالة الطالق، يجب على الرجل أن يوفر لألطفال مكانا لإلقامة، وفي حالة عدم توفره يجب أن يدفع لهم ما يكفي من المال إليجاد مكان للعيش. 11. بعد الطالق، تعد تعهدات الزواج غير صالحة . 12. يسمح بالتخلي عن الزواج تحت إشراف القاضي

الوحدة الثالثة: االحتياجات من منظور شخصي Section 3: Personal perspective, needs

YES NO Maybe 1. Do you feel that the existence of a law secures your personal rights? (Note ! this can be more difficult with older generations)

2. Will you feel comfortable speaking with your husband about polygamy? How does your community perceive polygamy? Does any thing influence a woman's ability to ask her husband not to take another wife? (family, friends, community…)

3. Will you feel comfortable asking for a divorce? How do you think the community relats to a woman asking for a divorce? Do you have any example?

4. Is there mutual responsibility for your children between you and your husband? What are you responsible for? And he? Do you share equaly the tasks?

5. Do you feel comfortable asking for your rights?

6. Do you think women have same rights as men?

نعم ال ربما 1. أشعر أن حقوقي الشخصية مضمونة. 2. في حال ال أريد زوجي أن يتزوج بزوجة ثانية، سأشعر باألمان ألسأله. 3. أشعر بالخوف من طلب الطالق. 4. أشعر بالمسؤولية تجاه أطفالي. 5. ال أشعر بالراحة للمطالبة بحقوقي. 6. أعتقد بأن لدي نفس الحقوق التي يتمتع بها الرجل.

Section 4: Participatory planning 1. What are the risks and dangers for women in your areas, do you think they might hold women back from demending their rights, and using Moudawana? ما هي المخاطر التي قد تتعرض لها المرأة في مناطقك، خاصة في المطالبة بحقوقها، واستخدام المدونة؟______2. What is more respected in your village, local traditions or the country's laws? هل تشعر أن التقاليد المحلية أكثر احتراما من قوانين البالد؟ ______3. What change would you like to see in your personal life? In your children's lives? ماهو التغيير الذي ترغب في رؤيته في حياتك الشخصية؟ وفي حياة أطفالك؟ ______4. Can you think of someone who can help you making this change? هل يمكنك التفكير في شخص يمكنه مساعدتك في إجراء هذا التغيير ______

5. What is women's role in their community? Society? ما دور المرأة في منطقتك ؟ و في المجتمع ككل ؟ ______

(2). Map of areas of research:

(3). Suggested Moudawana project: Activity 1, Moudawana: Build as RBA-empowerment facilitators 700 students (100 from each of the seven EDCs) who then engage 3,150 rural women in five years: Context: Women in rural areas face different difficulties in terms of knowing their rights and using them. Their difficulties relate both to physical barriers, lack of knowledge, social norms that do not allow them to fulfill their rights, etc. Moudawana project aims to bring together female students of law and other disciplines with rural women, to learn together about their rights, and design ways to promote awareness of them, keep them, and build upon them. Narrative: Using the participatory approach to development, students are a central part in both the designing and implementation of the project, and leading it. Leading your communities and not being led, increases their responsibility and civic participation. Over the course of this program, students participate in all phases of RBA empowerment and development, from conception, to implementation, management, and evaluation of their EDC project, and in the rural-based empowerment-RBA- development program. Students develop ways to be active and involved in the sustainable growth of their communities while building volunteerism, leadership, and applying real-world skills that promote the status of marginalized rural communities and groups. Suggested activity: At the beginning of the program, student capacity-building will include: (1). a two-day workshop, the first day will discuss different aspects of the Moudawana (learning its history, mapping the difficulties to implement it, mapping the differences and similarities between rural and urban implementation, etc.). On the second day, the students will relate to the project's objectives, share their personal goals, and expected results. (2). Each EDC (20 participants per year), will have a monthly meeting of three hours, with a HAF facilitator, in which each of the two groups of ten will share its experience with rural women, raise difficulties, develop ideas, strategies toward success. In these meetings, the students also prepare for their upcoming field activities. Potential contribution to reach objectives: Agency-based development promotes sustainable social change at the individual level; using this method, students become more motivated to be active participants in the Moudawana project. Students promote RBA and participatory civic engagement and human development, as they become active agents of social change. Including students as local representatives of Moroccan society (some are also originally from rural areas) in decision-making, emphasizes the local element of the project and supports its sustainability. Activity 2, Moudawana: bringing together female students and rural women Context: Women in rural areas face different difficulties in terms of knowing their rights and using them. Their difficulties relate both to physical barriers, lack of knowledge, and social norms that do not allow them to pursue their rights. Moudawana project aims to bring together female students and rural women, to learn together about their rights, and design ways to promote awareness to them, and keep them. Students

37 will assist by providing the legal knowledge, and together the two groups will design and implement a program that uses the legal structure of Moudawana to change women's status in their communities and society. Narrative: Combining the right-based approach to development with participatory methods, the proposed activity aims to promote agency-based empowerment workshops, which will foster sustainable change. Women participating in this project come from different villages (a total of 70 municipalities), in order to both reach more people, shift knowledge from one place to another, and create friendships that support independence. HAF’s existing cooperatives are built in that form to allow women to travel from place to place, and be more independent. Proposed activity: Each group of ten students (20 from each EDC; 140 annually from the seven EDCs) will have a three-hour monthly meeting with a group of 45 women. Each meeting will start with learning together different parts of the Moudawana while discussing how it is being applied in reality and could be in their lives. The students will lead the first two hours of learning (creative methods of learning, with consideration of the groups abilities), and the discussion after the sharing of concepts and experiences. The discussion includes their impressions of the law, reflections on how it is unfolding in their communities, and in what ways they consider it should be implemented. The second two hours will be dedicated to designing together a project dedicated to raising awareness of Moudawana within the changing role of women in their communities and society. In addition, students will evaluate questions and situations, and analyze potential legal recourses, including within a global human rights context. Potential contribution to reach objectives: Agency-based development promotes sustainable social change at the individual level; using this method, all participants become more motivated to be active participants in the Moudawana project. With more individuals who act for the whole of society, norms shift and inequality, poverty, suffering, and violence give way towards dialogue, recognition, partnership, and sustainable initiatives that achieve shared gains. Learning sessions will support the goal of raising awareness of personal and general human rights. Having participants from different communities will enable women to travel outside of their home communities for meetings. Travelling alone (without the husband, father, or other relative) outside of the village is not widely accepted in most rural places in Morocco. However, traveling for a cause, was proven (as HAF's cooperatives have shown) to result in greater women's independence.