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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Morocco (RATIFICATION: 1963)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee drew the Government’s attention to the limits of the provisions of the legislation (Labour Code and Penal Code) concerning sexual harassment in employment and occupation. The Committee notes the Government’s indication that Act No. 103 13 of 22 February 2018 on combating violence against women came into force on 13 December 2018. With regard to sexual harassment, the Committee welcomes the amendment of section 503-1 of the Penal Code through this Act, extending the definition of sexual harassment beyond quid quo pro sexual harassment (section 503-1-1). However, the Committee notes that under these new provisions, penalties are reduced, except in the case of harassment by a work colleague or a person in authority, and the perpetrator “must persist with the harassment” for sexual harassment to be established (sections 503-1-1 and 503-1-2). The Committee also recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) (see the 2012 General Survey on the fundamental Conventions, paragraph 792). While welcoming the extension of the definition of sexual harassment in the Penal Code, the Committee requests the Government to consider the possibility of including provisions in the labour and public service legislation which define and prohibit all forms of sexual harassment (both quid pro quo sexual harassment and hostile work environment sexual harassment) and which provide for measures and mechanisms to prevent and punish such actions. The Committee also once again requests the Government to provide information on the work of the National Observatory for Combating Violence against Women in relation to sexual harassment, and on any measures taken, in collaboration with workers’ and employers’ organizations, to raise the awareness of workers, employers and the general public regarding sexual harassment.

Article 1. Protection against discrimination. Domestic workers. In its previous comment, the Committee underlined the lack of protection of domestic workers against discrimination, including sexual harassment, in Act No. 19-12 establishing the conditions of work and employment of domestic workers, which nevertheless imposes on the employer a general obligation of prevention with regard to the safety, health and “dignity” of workers (section 12). The Committee notes the Government’s indication that a partnership is being formed between the Public Prosecutor’s Office and the Ministry of Labour and Employment in order to coordinate efforts to ensure better follow-up of cases that may arise from regulatory disputes between the parties to the employment relationship in the domestic work sector. Noting the lack of specific measures against all forms of discrimination, the Committee emphasizes once again that domestic workers, whether national or foreign workers, face discrimination with respect to some of their conditions of work, and that they are isolated and particularly vulnerable to abuse and sexual harassment. It also recalls that legal and practical measures are needed to ensure their effective protection against discrimination (see the 2012 General Survey on the fundamental Conventions, paragraph 795). The Committee once again requests the Government to take steps to ensure that domestic workers are protected in law and practice against any form of discrimination, particularly sexual harassment, and that they can fully enjoy equal opportunities and treatment in the same way as other workers. The Committee requests the Government to take steps to inform domestic workers and their employers of their rights and obligations under Act No. 19-12 of 2016. The Committee also requests the Government to provide information on the setting up and operation of the dispute settlement mechanism for domestic workers and their employers, particularly data on the nature and outcome of cases of discrimination and sexual harassment handled in this context.

Article 2. Equality of opportunity and treatment in relation to ethnic origin. In its previous comment, the Committee asked the Government to assess any difficulties encountered by the Amazigh population, particularly individuals who do not speak Arabic, in gaining access to employment. The Committee notes the general information provided by the Government, which reaffirms that the aim of the national employment strategy is to provide jobs in sufficient numbers and of an adequate quality. However, the Committee notes that the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance indicates in her 2019 report that “Amazigh communities inhabiting rural areas and those who were not fluent in Arabic reported persisting, structural marginalization and discrimination with regard to equal access to employment and health services” (A/HRC/41/54/Add.1, 28 May 2019, paragraph 37). The Committee notes that the Government reiterates in its reply that there is no de facto discrimination against Amazigh citizens (A/HRC/41/54/Add.3, 4 July 2019, paragraph 55). In this context, the Committee welcomes the following measures: (1) the adoption of Dahir No. 1-19-121 of 12 September 2019 promulgating Basic Act No. 26-16 establishing the phases for implementation of the official status of the Amazigh language and the procedures for its integration into education and the different priority sectors of public life; and (2) the adoption in December 2017 of the National Action Plan for Democracy and Human Rights (2018–21), whose goals include “ensuring equal opportunities in access to compulsory education, linking it to its social, economic, cultural and linguistic environment” and “combating all forms of discrimination with respect to cultural diversity, in order to consolidate civil harmony and ensure conditions for co-existence and social development”. Welcoming the recent developments in favour of the Amazigh population, the Committee requests the Government to provide information on the implementation of the above-mentioned measures and the results achieved in terms of improving access for these persons to education, training and employment in the public and private sectors. To this end, the Committee once again requests the Government to provide all data or assessments available regarding the Amazigh population and requests it to identify any obstacles that members of this population, particularly individuals who do not speak Arabic, encounter in gaining access to employment. The Committee requests the Government to continue providing information on the steps taken to promote equality of opportunity and treatment for the Amazigh population – and any other ethnic minority – regarding access to education, including linguistic and vocational training, and also access to employment and occupation; and to provide statistics (disaggregated by sex) illustrating the participation of ethnic minorities in the labour market, including at different levels of the public service.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that, in reply to its request for information on this point, the Government indicates that the number of enterprises that have been awarded the “Corporate social responsibility” label established by the General Confederation of Enterprises of Morocco (CGEM) continues to increase (101 in 2018 compared with 71 in 2015). Once again underlining the fundamental role of the social partners in fostering the acceptance and implementation of the national equality policy, the Committee requests the Government to provide information on the activities and involvement of workers’ and employers’ organizations vis-à-vis their members in combating discrimination and in promoting equality, including in the context of the numerous measures taken by the Government to eliminate discrimination towards women and promote gender equality in employment and occupation.

Labour inspection and statistics. The Committee notes the Government’s indications that inspectors are required to carry out “inspections that specifically monitor the regulations concerning the situation of women at work” and it welcomes the fact that a total of 18,283 inspections were carried out in 2018. Noting that these inspections have given rise to numerous observations regarding wages, employment, promotion and maternity, the Committee requests the Government to indicate the follow-up action taken (remedial administrative measures, penalties, etc.). It also requests the Government to continue providing information on the work of the labour inspectorate regarding equality and non-discrimination without any distinction as to sex, religion, political opinion, colour, race, national extraction or social origin. Furthermore, the Committee once again requests the Government to provide statistical data on the participation of women and men in the labour market, if possible by economic sector.