Morocco has not developed any policy or legislation by which sentience is acknowledged or recognised. Draft legislation (Projet de Loi 122-12) was produced in 2013 and has finished its consultation period. This draft law contains provisions on animal health, animal welfare and food safety but does not recognise animal sentience. However, the law has yet to be enacted.

Analysis

The Government is yet to recognise sentience as an independent issue. Recognition of animal sentience does not currently inform public policies that could potentially be linked to animals (such as environmental or sustainable production policies).  

The Government has not yet incorporated current practical experience and scientific knowledge regarding animal sentience into the country’s legislation. Although it is positive that the Government is considering draft legislation on animal protection, it is noted that the current form of this draft does not recognise animal sentience.

Enforcement Mechanisms

There is no policy or legislation relevant to this indicator.

Key Recommendations

• Given the extensive body of scientific evidence proving that animals are sentient, the Government of Venezuela is urged to recognise that all animals for whom there is scientific evidence – at a minimum, all vertebrates, cephalopods and decapods crustaceans – are sentient beings and to enshrine this principle into legislation. Recognising animals as sentient will underpin further animal welfare considerations.

Articles 601, 602 and 603 of the Moroccan Criminal Code No. 1-59-413 1962  prohibit some conduct to certain categories of animals, as part of protection of property. Fish in ponds, tanks and reservoirs, working animals, guard dogs and livestock are protected from being poisoned. It is prohibited unnecessarily to kill or maim pets or specified animals on the animal’s owner’s land. There is no provision on animal suffering caused by failure to act.

Draft legislation (Projet de Loi 122-12) was produced in 2013 and has finished the legislative consultation period; however, at the time of writing, this legislation has yet to be enacted by the Moroccan Government. This draft law contains provisions on animal welfare in Articles 14 to 17, including a prohibition on ill treatment of tame animals and those in captivity (Article 14). It does not appear that this will extend to suffering caused by negligence.

Analysis

The existing legislation is limited and provides few protections for animals in Morocco. The existing provisions within the Criminal Code have narrow application and are very limited on the animals that are protected, restricting protection to certain categories of domestic animals, such as those used for draught and farming purposes.
The proposed draft legislation, although positive in many aspects, contains no provisions addressing animal suffering caused by negligent behaviour.

Enforcement Mechanisms

Any person who poisons a working or riding animal, livestock, guard dog or fish in ponds, tanks and reservoirs, is liable to a term of imprisonment of one to five years and a fine of 200-500 dirhams.

Any person who unnecessarily kills or maims one of the listed animals or pets on the animal’s owner’s property is liable to a term of imprisonment of two to six months and a fine of 200-250 dirhams. The prison sentence is doubled if the offence took place while trespassing.

Under the draft law, those who commit ill treatment to domestic animals, tame wild animals or captive wild animals would be subject to punishment of a fine of 2,000 to 20,000 dirhams (Article 87).

Key Recommendations

• The Government of Morocco is encouraged to introduce an independent Animal Welfare Act that includes a definition of animal welfare, in line with the OIE, and that explicitly promotes the Five Freedoms.

• The Government of Morocco is encouraged to assign responsibility for animal welfare to a Government Ministry and to establish an Animal Welfare Committee to advise the Government on policy and animal welfare solutions. The Animal Welfare Committee should include representatives from animal welfare organisations.

Rearing

Animals used in farming are included in the protection of Articles 601, 602 and 603 of the Criminal Code, that prohibit poisoning, maiming and killing animals on an owner’s land.

There is legislation including several decrees covering aspects of using animals in farming, such as decrees on control of specific diseases and on food health and safety, but the legislation does not contain any provisions regarding the welfare of animals used in farming.

The current draft of the proposed new law (Projet de Loi 122-12) includes a prohibition on ill-treatment of tame animals and a requirement that animals be kept in conditions compatible with the biological requirements of their species (Article 14), and provides that regulations will be made to protect animals from ill-treatment and abusive use and to avoid suffering, especially during specified activities including transport, techniques involved in rearing and husbandry, and slaughter for human consumption or for animal health measures (Article 15). However, this law has yet to be enacted at the time of writing.

Rearing – pigs

There is no policy or legislation specifically related to the rearing of pigs.

Rearing – broiler chickens

There is no policy or legislation specifically related to the rearing of broiler chickens.

Rearing – egg-laying hens

There is no policy or legislation specifically related to the rearing of egg-laying hens.

Rearing – dairy cattle and calves

There is no policy or legislation specifically related to the rearing of dairy cattle and calves.

Transport

There is no policy or legislation specifically related to the transportation of farm animals.

Slaughter

There is no policy or legislation specifically related to the slaughter of farm animals.

Analysis

The Ministry of Agriculture and Fisheries appears as the government body in charge of implementing and promoting the existing legislation concerning farm animals. However, the existing legislation does not include any acknowledgement of welfare concerns faced by animals used in farming, including issues related to husbandry, housing, transport and slaughter.

The existing legislation does not go far enough to protect the welfare of animals used in farming owing to the narrow application of the Criminal Code, and the lack of welfare provisions in the Ministry of Agriculture and Fisheries health laws. There are important links between animal health and animal welfare; however, separate protection of animal welfare is necessary.

Enforcement Mechanisms

Any person who poisons livestock is liable to a term of imprisonment of one to five years and a fine of 200-500 dirhams.

Any person who unnecessarily kills or maims livestock on the animal’s owner’s property is liable to a term of imprisonment of two to six months and a fine of 200-250 dirhams. The prison sentence is doubled if the offence took place while trespassing.

Under the draft law, those who commit ill treatment to domestic animals would be subject to punishment of a fine of 2,000 to 20,000 dirhams (Article 87).

Key Recommendations

• The Government of Morocco is urged to enact legislation detailing specific welfare requirements for the rearing of farm animals during the phases of rearing, transport and slaughter. Such requirements should be legally binding and species-specific. Regular inspections onto farms and slaughter establishments should be carried out with a special focus on animal welfare.

• The Government of Morocco is urged to ban the worst forms of confinement for farm animals. In particular, the use of farrowing crates, sow stalls, and cages should be banned. The stocking density of broiler chickens should also be reduced to a maximum of 30 kg/m2 or lower. Surgical operations, such as piglet mutilations and beak trimming for egg-laying hens, should not be performed except under anaesthesia and with analgesics.

• Due to the significant animal welfare concerns associated with long distance transport, the Government of Morocco is strongly urged to ban the export of live animals for long distances (i.e. over eight hours) and replace it with a meat only trade. Long distance transport is inherently cruel as it involves chronic stress for all animals and for some species and modes of transport it may involve overpopulation, exhaustion, excess heat or cold, inadequate ventilation and/or access to food and water, leading to disease, pain, injury or death.

• The Government of Morocco is urged to mandate the humane slaughter of all farm animals. Animals should be instantaneously rendered unconscious and insensible to pain and distress prior to slaughter. Today, there is growing consensus amongst religious authorities worldwide that pre-slaughter stunning is compatible with religious principles.  Humane halal slaughter allows for the animal to be temporarily rendered unconscious via stunning prior to slaughter, as long as the animal's skull remains intact and the animal would regain consciousness in time should slaughter not occur. Therefore, animals should be unconscious before being bled, and no further processing should occur until irreversible loss of consciousness is confirmed. No animal should be forced to witness other animals being slaughtered as this is inherently distressing.

Zoos

Law No. 29-05 on the Protection of Wild Flora and Fauna Species and Regulating Trade (2011)  contains provisions applicable to animals in captivity.

The current draft of the proposed new law (Projet de Loi 122-12) includes a prohibition on ill-treatment of animals in captivity and a requirement that animals be kept in conditions compatible with the biological requirements of their species (Article 14), and provides that regulations will be made to protect animals from ill treatment and abusive use and to avoid suffering, especially during specified activities including keeping them in zoos and circuses (Article 15). However, this law has yet to be enacted at the time of writing.

Under the Protection of Wild Flora and Fauna Species and Regulating, licences will be given for specified purposes including for zoos, botanical gardens and exhibitions (Article 6(i)).

Private keeping of wild animals

The Protection of Wild Flora and Fauna Species and Regulating Trade (2011) mandates that a licence is required to trade, hold or kill any animal protected by CITES or any national endangered species in captivity (Article 5).

Fur farming

There is no policy or legislation related specifically to fur farming.

Analysis

Animals in captivity are not fully protected by legislation in Morocco. Existing legislation gives very little protection and what does exist is only for endangered species. There are various welfare concerns facing animals in captivity, which are necessary to include in animal protection legislation to ensure that they are humanely and properly cared for. Satisfaction of the requirements for the physiological and behavioural needs of animals would increase the scope of the legislation for improving captive animal welfare. Requirement of a licence to keep any wild animal in captivity, not only those which are endangered, could enable close monitoring of the welfare standards of such establishments as well as the possibility of intervention when standards are not met. Regular inspections of zoos and other establishments hosting wild captive animals should also be mandated in legislation. Furthermore, reports suggest that there is a large wildlife trade in Morocco and that welfare conditions can be poor.

Enforcement Mechanisms

Any person who holds an endangered species in captivity without a licence shall be liable to a fine of 5000 to 30,000 dirhams, depending on the conservation status of the species.

Under the draft law, those who commit ill treatment to tame wild animals or captive wild animals would be subject to punishment of a fine of 2,000 to 20,000 dirhams (Article 87).

Key Recommendations

• The Government of Morocco is urged to produce detailed legislation specifying the conditions under which wild animals may be kept in captivity. Such regulations should include requirements with regards to housing, feeding, handling and husbandry and should promote the Five Freedoms of all individual animals. In particular, the Freedom to express normal patterns of behaviours should be respected.

• The Government of Morocco is strongly encouraged to allocate human and financial resources to create an inspection unit in charge of verifying that welfare standards are effectively implemented for animals living in captive settings. Facilities where animals are kept captive should be regularly inspected, and the results of such inspections should be made public.

• The Government of Morocco is encouraged to develop a Positive List of species, specifying which animals can be kept as companion animals, based on clear criteria including animal welfare and other relevant concerns.

• The Government of Morocco is urged to fully ban fur farming. Fur farming is inherently cruel and causes pain, distress and suffering to animals.

Care of companion animals

Decree no. 1-96-254 on Law No. 25-96 of 1997  protects the health of companion animals but does not specifically address welfare issues.

The current draft of the proposed new law (Projet de Loi 122-12) includes a prohibition on ill-treatment of tame animals (Article 14), and provides that regulations will be made to protect animals from ill treatment and abusive use and to avoid suffering, especially during specified activities including trade in animals, particularly companion animals (Article 15). However, this law has yet to be enacted at the time of writing.

Articles 601, 602 and 603 of the Moroccan Criminal Code No. 1-59-413 1962 prohibits poisoning guard dogs, and unnecessarily killing or maiming guard dogs and pets on the animal’s owner’s land.

Beyond the Moroccan Criminal Code, there is no policy or legislation specifically related to the care of companion animals.

Stray animals

There is no policy or legislation relating specifically to stray animals. However, in November 2019, the Ministry of Interior announced an agreement to end the culling of stray dogs and utilise a trap-neuter-release programme across the country.  

Analysis

The existing legislation protecting companion animals does not acknowledge the specific challenges faced by this category of animal. For instance, there is no duty of care onto animal owners towards their animals. The humane treatment of stray animals is also not mandated in legislation. Various welfare problems that can derive from poor standards of care, neglect or inhumane control of stray populations are not covered by the legislation.

The existence of animal health legislation for companion animals is significant due to the links between animal health and welfare; however, to improve animal welfare in Morocco, it is necessary to acknowledge welfare as an independent issue in legislation.

Enforcement Mechanisms

Any person who poisons a guard dog is liable to a term of imprisonment of one to five years and a fine of 200-500 dirhams.

Any person who unnecessarily kills or maims any guard dog or pet on the animal’s owner’s property is liable to imprisonment of two to six months and a fine of 200-500 dirhams. If the offence was committed while trespassing, the prison sentence is doubled.

Under the draft law, those who commit ill treatment to domestic animals would be subject to punishment of a fine of 2,000 to 20,000 dirhams (Article 87).

Key Recommendations

• The Government of Morocco is encouraged to promote responsible pet ownership, including the adoption of companion animals over the purchase of commercially bred animals.

• The Government of Morocco is strongly encouraged to promote humane dog population management, which relies on promoting responsible ownership, mass dog vaccinations and reproduction control programmes. Culling is unnecessary, cruel and has been scientifically proven to be ineffective. The Government of Algeria should also implement education programmes on dog bite prevention.

• The Government of Morocco is encouraged to engage with the International Companion Animal Management (ICAM) coalition to learn about and implement their dog population management methodology. This methodology consists of a full cycle of action, addressing the root causes of conflict between roaming dog and communities. The document is helpful to governments to manage dogs humanely as well as to help communities to live in harmony with dogs.

The current draft of the proposed new law (Projet de Loi 122-12) includes a prohibition on ill treatment of animals in captivity (Article 14), and provides that regulations will be made to protect animals from ill treatment and abusive use and to avoid suffering, especially during specified activities including keeping them in zoos and circuses (Article 15). The list of activities prioritised for these regulations does not include the welfare of draught animals. Article 87 of the draft would create an offence for failure to comply with ‘the law on organising or permitting animal fights.’ However, this law has yet to be enacted at the time of writing.

Animals used for entertainment

There is no policy and legislation specifically relating to the use of animals for entertainment.

Draught animals

Articles 601, 602 and 603 of the Moroccan Criminal Code No. 1-59-413 1962 prohibit poisoning, and unnecessarily killing or maiming on the animal’s owner’s land, draught animals, riding animals and beasts of burden.
Beyond the Moroccan Criminal Code, there is no policy or legislation relating specifically to draught animals.

Analysis

The legislation does not contain specific mandates for the protection of animals in these categories. Although animals used for draught are covered in the animal protection provisions within the Criminal Code, there is no acknowledgement of the welfare challenges faced by these animals. Horses and donkeys are commonly used for draught purposes across the country, and there are significant welfare issues associated with this group of animals.

The legislation gives some basic protection to animals used for draught purposes but not those used for entertainment purposes, such as in circuses or exhibitions. The current legislation also does not cover situations of neglect. Guidance regarding housing, training, handling and husbandry would be valuable to ensure the welfare of working animals as well as those used in entertainment.

It is reported that NGO involvement with local authorities in certain areas has led to some improvements in the welfare of horses used to pull tourist carriages, through a combination of the provision of free advice and veterinary assistance and licencing procedures requiring good standards of health.  It could be beneficial to extend this on a more formal basis to more areas of the country and to animals used to pull loads.

Enforcement Mechanisms

Any person who poisons a draft animal, riding animal or beast of burden is liable to a term of imprisonment of one to five years and a fine of 200-500 dirhams.

Any person who unnecessarily kills or maims a draft animal, riding animal or beast of burden on the animal’s owner’s property is liable to a term of imprisonment of two to six months and a fine of 200-250 dirhams. The prison sentence is doubled if the offence took place while trespassing.

Under the draft law, those who commit ill treatment to domestic animals, and those who break the law on organising and permitting animal fights, would be subject to punishment of a fine of 2,000 to 20,000 dirhams (Article 87).

Key Recommendations

• The Government of Morocco is urged to forbid the organisation of and attendance to entertainment events causing animal suffering. Such a prohibition should cover circuses, rodeos, animal fights, animal races, rides on wild animals and all other forms of entertainment. Notably, the Government is strongly encouraged to ban the use of all animals in circuses. Phasing out of animals for entertainment purposes could start with a ban on the use of wild animals for such performances.

• The Government of Morocco is strongly encouraged to adopt specific legislation to address the welfare of working animals, including working equids, following the requirements of the OIE’s animal welfare standards. Working animals must be treated with consideration and must be given adequate shelter, exercise, care, food and water appropriate to their physiological and behavioural needs. Any condition that may impair their welfare must be treated promptly and affected animals must not be worked again until they are fit. They must not be overworked or overloaded, nor must they be forced to work through ill-treatment.

There is no policy or legislation relating specifically to the use of animals in scientific research.

The current draft of the proposed new law (Projet de Loi 122-12) includes a prohibition on ill-treatment of tame animals and animals in captivity and a requirement that animals be kept in conditions compatible with the biological requirements of their species (Article 14), and provides that regulations will be made to protect animals from ill-treatment and abusive use and to avoid suffering, especially during specified activities including use for medical, biological and scientific experiments, which must be limited to case of strict necessity (Article 15). However, this law is yet to be enacted at the time of writing.

Analysis

There are no guidelines on animals used in scientific research for this country, including educational, cosmetic or other forms of surgical or invasive manipulation. The new legislation presents an opportunity to develop provisions on animals used in research incorporating the principles of the Three Rs principles – Replacement, Reduction, Refinement.

Enforcement Mechanisms

There are no enforcement mechanisms relevant to this indicator.

Key Recommendations

• The Government of Morocco is urged to enact legislation that would protect all animals used in scientific research from unnecessary pain and suffering. The Three Rs principles – Replacement, Reduction, Refinement – should be enshrined in legislation.

• The Government of Morocco is encouraged to create ethics committees, in charge of scrutinising applications for animal research. Such ethics committees should be able to suspend the activities or revoke the registration of establishments which do not respect animal welfare criteria. Animals used for research should be provided with shelter, care, food and water in a manner appropriate to their physiological and behavioural needs. A nominated member of the laboratory staff, preferably a veterinarian, must always have full responsibility for animal welfare.

• The Government of Morocco is strongly encouraged to create a national centre consisting of multiple stakeholders, including animal protection organisations, to promote the Three Rs principles and to develop alternatives to animal experimentation.

• The Government of Morocco is urged to ban the testing of cosmetic products and their ingredients on animals.

Law No. 29-05 on the Protection of Wild Flora and Fauna Species and Regulating Trade (2011) contains provisions applicable to wild animals. A licence is required to trade, hold or kill any animal protected by CITES or any national endangered species in captivity (Article 5).

Article 4 of Decree No. 2-11-02  on the hunting police lays out that hunting permits are delivered by the Provincial Director of Water and Forest and the Fight against Desertification, or the Head of Conservation. Article 25 refers to an ‘exam’ to obtain a hunting licence, the nature of which will be decided by the Prime Minister. Article 21 of that Decree allows recreational hunting.

Law No.22-07  creates national parcs and nature reserves. Article 17 specifies that hunting is forbidden in these areas.

The proposed draft law (Projet de Loi 122-12) does not contain provisions relating to the protection of wild animals (except when kept in captivity).

Analysis

The Authority for Water and Forests is the government body responsible for enforcing the relevant legislation. The legislation recognises the value of wild animals, though it is centred on natural resource management, and measures to protect the welfare of individual animals are not specified. For instance, the cruellest forms of hunting such as dog hunting, live baiting, poisoning, trapping, falconry and bow hunting are not forbidden in legislation. Furthermore, wild animals are not currently included in the protection within the Criminal Code, as this is focused on protection of property.

Enforcement Mechanisms

Any person who contravenes Law No. 29-05 shall be liable to a fine of 5,000 to 30,000 dirhams, depending on the conservation status of the species. Law No. 22-07 lays out that anyone hunting in a protected area is liable to a fine from 1,200 to 10,000 dirhams and imprisonment from one to three months.

Key Recommendations

• The Government of Morocco is encouraged to ban any form of hunting that does not directly support subsistence i.e. for feeding oneself and one’s family and not for commercial gain. Subsistence hunting operations must employ the least cruel methods of hunting and slaughter, and all possible efforts should be made to reduce the time to death of animals killed in these hunts. At a minimum, the Government is strongly encouraged to forbid the use of the cruellest hunting methods.

The Ministry of Agriculture and Fisheries is responsible for implementing various animal health decrees as mentioned in indicator 4a, while the Authority of Water and Forests is responsible for implementation of legislation regarding wildlife.

Research has found no authority responsible for improving animal welfare protection at a high government level.

Analysis

The existing legislation provides a potential framework for assignment of tasks to responsible bodies to develop policy and legislation. Developing this framework could create authorities specifically responsible for animal welfare in the country. There are links between animal health and animal welfare that could be further explored.  Prevention of animal disease as well as safe and effective veterinary treatment is crucial for providing proper care for animals. Promoting the protection of animal health in turn encourages the consideration of animal welfare. However, it is important for the Government to recognise animal welfare as an independent issue alongside that of animal health.

There is some evidence of existing allocation of responsibilities for the development of a small number of issues as specified in the previous indicators. Nonetheless, there is no evidence of direct responsibility for animal welfare promotion in a government body in the country. However, the draft legislation provides a potential opportunity to develop a strong framework including responsibility and accountability for improving animal welfare at a high government level.

Enforcement Mechanisms

The responsibilities of relevant government bodies are set out in legislation. However, no ministry has direct responsibility for animal welfare.

Key Recommendations

• The responsibility for different categories of animals currently falls under multiple Ministries and Departments, therefore the Government of Morocco is urged to align responsibility for all animal welfare under one Ministry, with appropriate resources for research, implementation and enforcement.

• The Government of Morocco is encouraged to establish an Animal Welfare Committee to advise the Government on policy and animal welfare solutions. The Animal Welfare Committee should include representatives from animal welfare organisations.

The OIE Animal Welfare Standards focus on transport, slaughter, production systems (beef cattle, broiler chickens, dairy cattle, pigs), stray dog population control, the use of animals in research and education, and working equids.
 
Existing legislation does not incorporate any of the OIE’s guiding principles for animal welfare.

The draft legislation (Projet de Loi 122-12), written in 2013 but not yet enacted, contains provisions on animal health, animal welfare and food safety. The preamble to the draft contains direct reference to the OIE’s standards as a motivation for the draft’s creation. However, the body of the draft law does not incorporate the OIE’s guiding principles and standards for animal welfare. If the draft law is enacted, secondary regulations would need to be produced to incorporate these. At the time of writing, this law has yet to be enacted.

Analysis

The OIE standards on animal welfare not only represent a consensual position achieved by countries represented in the organisation regarding this subject matter, but also provide necessary scientific background to produce sound policy and legislation on animal welfare. Incorporating the OIE’s standards into Morocco’s relevant legislation could therefore improve protection for animals in the country and bring Morocco’s legislation in line with other countries in terms of standards of animal welfare.

Transposition of the OIE’s standards and guiding principles on animal welfare into legislation has not yet been achieved in Morocco.

The reference to the OIE’s principles in the 2013 draft legislation is positive; however, there is no clear timeframe for when the law may be enacted, nor information regarding the body that will be tasked with its implementation and enforcement. Additionally, the draft text does not incorporate the OIE’s principles and standards for animal welfare.

The country shows some level of engagement with OIE initiatives. The veterinary services of Morocco have been subject to assessment through the OIE’s Performance Veterinary Services (PVS) tool. Accessing the PVS facilities of the OIE and identifying gaps in capacity demonstrates a commitment to engagement with the OIE. However, there remains a lack of legislation and policy development on animal welfare.

Enforcement Mechanisms

There is no policy or legislation relevant to this indicator.   

Key Recommendations

• The Government of Morocco is urged to implement legislation in line with the OIE animal welfare standards, including enforcement mechanisms for all species to ensure a good level of animal welfare across the country.

The Government of Morocco has not pledged in principle support for the Universal Declaration on Animal Welfare.

Note: The UDAW is a proposed formal international acknowledgement of a set of principles giving animal welfare due recognition among governments and the international community. An expression of support for the UDAW demonstrates a government’s commitment to working with the international community to improve animal welfare.

Analysis

Support for the UDAW would be a first step into integrating animal protection considerations into different discussion tables, becoming a source of inspiration for decision makers interested in improving animal protection in the country.

Enforcement Mechanisms

There are no enforcement mechanisms relevant to this indicator.

Key Recommendations

• The Government of Morocco is encouraged to pledge in principle support for the UDAW. Support for the UDAW will likely underpin further animal protection measures.