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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2 of the Convention. Equality of opportunity and treatment for men and women. Public service. The Committee notes with interest the measures taken by the Government to mainstream gender equality in the public service through the deployment, in collaboration with UN Women, of a gender mainstreaming strategy in the public service providing for: (1) the setting up of administrative structures, the gender-sensitive management of human resources and competencies, and the embedding of equality in the behaviour and organizational culture of the administration; (2) capacity-building and the implementation of training; (3) the adoption of a manual of procedures for gender mainstreaming in recruitment, selection and appointments in the public service; and (4) amendments to the Public Service Regulations to include, inter alia, provisions for granting paternity leave and provisions relating to breastfeeding. It notes that this approach envisages standard specifications for the setting up of crèches close to workplaces, to be adopted by all ministerial departments. With regard to the appointment of women to senior posts in the public service, the Committee welcomes the appointment of women between late 2012 and mid-2019 to 12.4 per cent of senior posts and to 23 per cent of posts at all levels of responsibility. It also notes the obligation to appoint a woman to the committee responsible for interviews for the selection of candidates to these posts. The Committee trusts that the Government will be in a position to implement its gender equality mainstreaming policy in the public service and to continue promoting the employment of women at all levels, including in supervisory posts, and requests it to continue its efforts in this field. The Committee requests the Government to carry out regular evaluations of this policy, and to provide information on the results achieved, including statistics to support these evaluations. It also requests the Government to provide information on any amendments to the Public Service Regulations relating to paternity leave and any measures taken to enable men and women civil servants to achieve a better balance between their work and family responsibilities (crèches, etc.).

Private sector. The Committee notes the Government’s indication that the National Employment Strategy (SNE) up to 2025 aims, inter alia, at promoting social inclusion and equity, in particular for young persons, women, rural workers and informal workers. The Government also recalls that, further to the evaluation of the Government Equality Plan 2012–16 (ICRAM 1), the Equality Plan 2017–21 (ICRAM 2) has identified seven strategic areas, including increasing the employability and economic autonomy of women and disseminating a culture of equality that combats discrimination and gender-based stereotypes. The Committee welcomes the numerous programmes and projects containing measures to improve the participation of women in the labour market, incorporate gender mainstreaming into all employment policies and promote gender equality and combat gender stereotypes, particularly in the media. The Committee notes the Government’s indication that it is providing financial support for the implementation of partnership projects with associations working on the protection of women’s rights at work, with the goals of awareness-raising of women regarding their rights and of employers regarding the importance of establishing a culture of professional equality in the enterprise. The Committee also notes that, according to the report entitled “In-depth national examination of the implementation of the Beijing Declaration and Platform for Action after 25 years” (Beijing+25), numerous measures have been taken to improve women’s access to real estate, financial services and credit and to professional and business networks, with a view to thus developing entrepreneurship for women. Welcoming the measures and initiatives taken by the Government to achieve progress in gender equality in employment and occupation, the Committee trusts that the Government will be in a position to implement them with a view to increasing the participation of women in waged employment and in self-employment, to combat actively gender stereotypes and prejudices and to eliminate obstacles to gender equality. It requests the Government to take measures in this regard and provide information on the measures taken, the evaluations carried out and the results achieved throughout the country, including in rural areas.

Institution responsible for promoting equality and combating discrimination. The Committee notes with interest the promulgation on 21 September 2017 of Act No. 79.14 concerning the Parity and Anti-Discrimination Authority (APALD), the mandate of which includes receiving and examining complaints of discrimination, making recommendations to the competent authorities and monitoring follow-up action. It also notes that this institution, which includes members of the public administration and civil society, trade union representatives and employers’ representatives, is also mandated to issue opinions on draft legislation and propose legislative amendments, promote the principles of equality and non-discrimination, particularly for women, and disseminate good practices in this field. The Committee requests the Government to take the necessary steps to ensure that the APALD is established and becomes operational, particularly by granting it the necessary resources and staff to discharge its tasks, not only in relation to the handling of complaints, but also providing advice and recommendations, awareness-raising and training. The Committee requests the Government to provide information in this regard and also on APALD activities for combating discrimination and promoting equality in employment and occupation, including the number and nature of the cases of discrimination handled and their outcome.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that section 503(1) of the Penal Code only criminalizes quid pro quo sexual harassment by a person exercising authority and section 40 of the Labour Code is confined to treating sexual harassment as serious misconduct by the employer. The Committee considers that these provisions, although they constitute a first element of response to this serious type of discrimination, are not sufficient to protect workers effectively against all forms of sexual harassment (and particularly behaviour and words which create a hostile or offensive working environment), nor against all potential sources of harassment (colleagues, clients, enterprise suppliers). It also considers that in general criminal prosecutions are not sufficient to eliminate sexual harassment in view of the sensitive nature of the issue and the burden of proof, which is difficult to discharge, particularly where there are no witnesses (which is often the case). The Committee further notes that the Bill to combat violence against women, to which the Government refers once again in its report, does not appear to have been adopted yet. The Government also indicates that, as soon as the review of the Labour Code has been launched, the inclusion of provisions covering the issue of sexual harassment will be taken into account. The Committee further notes that a Bill on sexual harassment will be prepared by the Government. With a view to protecting all workers effectively against sexual harassment, the Committee requests the Government to take steps to include in national legislation (a specific Act or in the Labour Code), provisions defining and explicitly prohibiting sexual harassment by any person in employment and occupation, in all its forms that is, quid pro quo sexual harassment and sexual harassment based on a hostile working environment, as well as provisions protecting victims from any reprisals and establishing penalties against those responsible. The Committee requests the Government to identify the scope of the Bill to combat violence against women adopted by the House of Representatives in July 2016 and to specify whether it contains provisions addressing sexual harassment in employment and occupation and, if so, to provide information on this subject. Also recalling the importance of taking steps to prevent sexual harassment in employment and occupation, at both the national and enterprise levels, the Committee requests the Government to provide information on the activities of the National Observatory on Action to Combat Violence against Women in this regard, as well as on any measures adopted, in collaboration with workers’ and employers’ organizations, to raise the awareness of workers, employers and the public in general concerning sexual harassment.

Article 1. Protection against discrimination. Domestic workers. Recalling that the Labour Code provides that the conditions of employment and working conditions of domestic workers will be set down by special legislation (section 4), the Committee welcomes the adoption of Dahir No. 1-16 of 6 kaada 1437 (10 August 2016) issuing Act No. 19-12 determining the conditions of work and employment of men and women domestic workers (Official Bulletin, No. 6610 of 5 October 2017), which entered into force on 10 August 2017. Section 12 provides that “the employer shall, in general, take all necessary measures to ensure the safety, health and dignity of men and women domestic workers in the performance of the work undertaken under their orders”. The Committee observes that these provisions impose on an employer a general preventive obligation, but do not guarantee the protection of domestic workers against discrimination, and particularly against sexual harassment. The Committee recalls that domestic workers, whether national or foreign workers, face discrimination with respect to a range of terms and conditions of work, and that they are isolated and particularly vulnerable to abuse and sexual harassment. 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 requests the Government to take the necessary steps to ensure that domestic workers are protected in law and practice against any form of discrimination, and particularly against sexual harassment, and that they can enjoy full equality of opportunity and treatment on the same footing as other workers. The Committee also requests the Government to provide information on any measures adopted to inform men and women domestic workers and employers of their rights and duties under the new Act.

Article 2. Equality of opportunity and treatment in relation to ethnic origin. With regard to the Amazighs population, the Committee notes the Government’s statement that in Morocco all parts of the population are treated equally. With a view to assessing the precise situation of the Amazighs in employment and occupation, the Committee requests the Government to provide data on the employment of the Amazighs and to assess any difficulties encountered by them in gaining access to employment, particularly for those who do not speak Arabic. It urges the Government to take measures, where appropriate, to promote equality of opportunity and treatment with other parts of the population.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that, according to the Government, the number of organizations awarded the “Corporate Social Responsibility” label, established by the General Confederation of Moroccan Enterprises (CGEM), was 71 at the end of 2015. The Committee also notes that in April 2015 a regional tripartite social charter was concluded in Casablanca by the social partners and the local Government and that, of the six standing committees established under the terms of the Charter, the Committee on parity and action to combat child labour is also responsible for ensuring discrimination is identified and for taking action to combat all types of discrimination in the workplace. The Committee requests the Government to continue to provide information on the awarding of the “Corporate Social Responsibility” label and on action taken to combat discrimination and promote equality by the committee on parity and action to combat child labour in the context of the regional tripartite social charter of Casablanca, and on any other initiatives by the social partners in this respect.

Labour inspection. Recalling that training sessions for labour inspectors on fundamental rights, including equality and non-discrimination, were organized in several towns in the country in 2013, in collaboration with the ILO, the Committee once again requests the Government to provide detailed information on the activities of the labour inspection services in relation to equality and non-discrimination, including extracts from relevant inspection reports, as well as statistical data compiled on the basis of schedules of “indicators on work by women employees”.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Equality of opportunity and treatment for men and women in employment and occupation. Public service. The Committee welcomes the indications provided by the Government in its report that, in the context of the Government Equality Plan (ICRAM 2012–16), the National Observatory of Gender Mainstreaming in the Public Service has been established. The Government indicates in this respect that 35 per cent of employees in the public service and 19 per cent of middle and higher-level employees are women. The Committee notes the study on the “Situation of women public employees in positions of responsibility in the public administration in Morocco”, published by the Observatory in 2012. The study identifies obstacles to access for women to these positions which are related, among other factors, to vocational segregation, the persistence of gender stereotypes and the issue of reconciling work and family responsibilities, the operation and behavioural standards in the public service (clientelism and networks, the sensitive issues of sexual harassment and discrimination), economic obstacles, and obstacles relating to the appealingness of positions of responsibility, as well as issues related to geographical mobility and transfers. The study also contains a number of recommendations, such as the reinforcement of the national policy of equality for men and women, the reforming of rules and practices relating to the appointment and management of personnel, the strengthening of the capacities of female civil servants, the introduction of affirmative action measures and the development of an environment conducive to the reconciliation of work and family life. In this respect, the Committee welcomes the adoption of “Basic Act No. 02-12 regarding the appointment to higher level positions under Articles 49 and 92 of the Constitution”, which was adopted on 17 July 2012 and covers the functions of persons in positions of responsibility in public establishments and enterprises and public administrations, setting as principles for appointment equality of opportunity and non-discrimination in all its forms in the choice of men and women candidates for higher-level positions, including in relation to political or trade union membership, language, religion, sex, disability, or any other reason that is incompatible with the principles of human rights and the provisions of the Constitution, as well as with gender parity. The Committee also notes the preparation of a study on the “Reconciliation of work and family for male and female civil servants in Morocco”, which recommends, among other measures, the reinforcement of existing statistical tools, the promotion of legislative measures and regulations to promote the reconciliation of work and family life, including parental leave, the development of family support services for personnel (crèches for young children), measures to make the working environment more favourable to equality between men and women and workers with family responsibilities, the placing of greater value on paid work for women and action to combat stereotyped gender roles (the preparation of an equality charter, information and awareness-raising measures). Noting that this information demonstrates the commitment of the Government to promoting genuine equality between men and women in the public service by combating the deep-rooted causes of inequalities and the numerous obstacles faced by women, the Committee asks the Government to provide information on any measures adopted in this respect, and particularly on the actions taken to give effect to the recommendations contained in the two studies referred to above. The Committee also asks the Government to provide information on the effectiveness in practice of Basic Act No. 02-12 and its impact on the appointment of women to higher-level positions in public establishments and enterprises and public administrations.

Gender equality. Private sector. With regard to the implementation of the Government Equality Plan (ICRAM 2012–16), the Committee notes the Government’s indication in its report that specific measures have been adopted to strengthen the enforcement of legislative provisions and regulations regarding work performed by women. It also notes that, according to a Government evaluation of the Plan, of the 156 measures envisaged, 117 have achieved an implementation rate of 100 per cent and that measures which it has not been possible to implement will be put into effect in the context of a second plan. The Committee notes the adoption by the Government on 3 August 2017 of the ICRAM 2 Plan for the period 2017–21 which covers, among other areas, the increase of employment opportunities for women, the promotion of equality and action to combat discrimination and stereotypes. The Committee also welcomes the Government’s indications that it provides financial support to associations working to improve the working conditions of women and that in 2016 it organized the first Ministry of Employment and Social Affairs (MEAS) Trophy for vocational equality intended for enterprises which have made progress in ensuring that equality is taken into account in the enterprise culture and human resources management, as well as parenthood within a professional context. The Committee notes that this Trophy allowed 19 enterprises, out of 34 participants, which met the selection criteria, to be provided with a MEAS certificate, and that the Trophy was awarded to the first three enterprises. The Committee asks the Government to provide information on any measures adopted to improve the opportunities for women to access vocational training and employment, to diversify their employment opportunities and to combat gender discrimination and stereotypes. The Government is asked to provide detailed information on the results achieved in the context of the ICRAM and ICRAM 2 Plans, particularly in relation to the participation of women in the labour market in urban and rural areas.

Body responsible for promoting equality and combating discrimination. The Committee welcomes the adoption on the second reading by the House of Councillors on 9 August 2017 of the Bill on the Authority for Parity and Action to Combat all Forms of Discrimination (APALD). The Committee asks the Government to provide information on the areas of competence, methods of work and composition of the APALD, and on the establishment of this institution and its specific activities to combat discrimination and to promote equality in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Sexual harassment: The Committee notes the Government’s indication that, pursuant to section 40 of the Labour Code, sexual harassment is considered a serious case of misconduct on the part of the employer. The Committee draws the Government’s attention to the fact that the provisions of section 40 of the Labour Code are not sufficient to protect workers against sexual harassment. It also notes that the definition set out in section 503-1 of the Penal Code, whereby a person is guilty of sexual harassment if he or she, abusing the authority inherent in his or her functions, harasses another person by giving orders, issuing threats, exerting pressures or any other means in order to obtain favours of a sexual nature, is too restrictive and does not address the full range of behaviour that constitutes sexual harassment in employment and occupation, in particular that which creates a hostile or offensive working environment. The Committee asks the Government to envisage including in the Labour Code provisions that define and specifically ban sexual harassment in both its forms (quid pro quo and hostile working environment), as well as provisions guaranteeing protection against possible reprisals. Furthermore, the Committee asks the Government to take specific measures to prevent acts of sexual harassment at work, for example through action to raise the awareness of employers, workers and their organizations and the general public. Noting that the Bill to combat violence against women is still in the process of being adopted, the Committee requests the Government to provide a copy of the Act as soon as it has been adopted.

Domestic workers. The Committee notes that the Bill on domestic workers was submitted to the Chamber of Councillors (Upper House of Parliament) in August 2013, and then submitted to the Economic, Social and Environmental Council for an opinion. The Committee welcomes that the Government has supported the recommendation to consider ratifying the Domestic Workers Convention, 2011 (No. 189), made during the Universal Periodic Review of the United Nations Human Rights Council (report of the Working Group on the Universal Periodic Review, A/HRC/21/3, 6 July 2012, paragraph 129.9). As regards the situation of this category of workers, the Committee recalls that “... domestic workers ... should enjoy equality of opportunity and treatment on the grounds of the Convention in all aspects of employment. Domestic workers, whether national or foreign workers, face discrimination with respect to a range of terms and conditions of work, social security and access to training with a view to promotion or better job opportunities. They are relatively isolated from other workers, and thus have little collective bargaining power, and are particularly vulnerable to abuse and sexual harassment. Legal and practical measures are needed to ensure their effective protection against discrimination. The Committee draws attention to the increased vulnerability of migrant domestic workers to multiple forms of discrimination due to the nature of their employment relationship, the lack of legislative protection, stereotypical views regarding gender roles and the undervaluing of this type of employment” (General Survey on the fundamental Conventions, 2012, paragraph 795). The Committee encourages the Government once again to take the necessary measures to finalize the Bill on domestic work with a view to its adoption, and it asks the Government to provide information on the progress made with respect to the ratification of the Domestic Workers Convention, 2011 (No. 189). Recalling that these workers are excluded from the scope of the Labour Code, the Committee requests the Government to take the necessary measures to ensure that domestic workers are protected against any discrimination and are entitled to equality of opportunity and treatment in the same way as other workers. The Government is asked to provide a copy of the text once it has been adopted.

Textile and apparel sector. The Committee notes that the Government’s report does not contain any reply to its comment on this point. The Committee requests the Government once again to indicate the manner in which and the extent to which the achievements of the Decent Work Programme have resulted in an improvement in access to further vocational training, working conditions and remuneration for women engaged in the textile and apparel sectors, and particularly to combat precarious forms of employment and all types of discrimination, including wage discrimination. The Government is also requested to continue providing information on the concrete measures adopted to prevent discrimination and, where appropriate, remedy it in the textile and apparel sectors.

Equality of opportunity and treatment with respect to ethnic origin. As regards the situation of the Berber (Amazighs) population, the Government states that no case of discrimination in employment and occupation has been registered either by the labour inspection services or the public employment services. The Committee nevertheless recalls the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) that “some Amazighs continue to suffer racial discrimination in accessing employment ..., especially if they do not speak Arabic” (CERD/C/MAR/CO/17 18, 27 August 2010, paragraph 11). Recalling that the lack of complaints or cases does not necessarily imply that there is no discrimination against the Berber (Amazighs) population, the Committee encourages the Government to remain vigilant about their situation in employment and occupation. It asks the Government to gather and analyse data on their employment situation to monitor and assess any possible difficulties encountered by the Berber (Amazighs) in finding employment, especially those who do not speak Arabic, and to take measures to promote equality of opportunity and treatment with other groups of the population.

Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government on the verifications carried out by auditors when assessing whether or not to grant a “Corporate social responsibility” label, introduced by the General Confederation of Moroccan Enterprises (CGEM): the existence of a wage scale available to wage earners and applicable to all workers according to the principle of equal pay for work of equal value; the existence of a register to monitor the staff, disaggregated by sex, evaluation criteria and the granting of bonuses known to the staff; and accessibility for persons with disabilities, etc. The Committee requests the Government to continue providing information on the granting of the “Corporate social responsibility” label and on any other initiative taken by the social partners with respect to equality in employment and occupation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equality of opportunity and treatment between men and women in employment. The Committee notes with interest the adoption of the Government Plan for Gender Equality “Ikram” (2012–16), accompanied by a significant budget, which provides for 143 measures and sets 24 goals in eight areas. These include: gender mainstreaming and the dissemination of gender equity and equality principles; measures to combat all forms of discrimination against women; women’s social and economic empowerment; and the achievement of equality of opportunity between sexes on the labour market. The Committee welcomes the establishment of the Ministerial Equality Commission, in September 2013, which is entrusted with monitoring the implementation of the government plan and assessing its outcomes. The Committee notes that the gender component has been incorporated into the state budget since 2005 to take account of the differentiated concerns of women, men, girls and boys, and that a report on the gender budget, which now covers 27 ministerial departments, is drafted and submitted to Parliament each year. The Committee notes that, according to the Government, the National Agency for the Promotion of Small and Medium-Sized Enterprises (ANPME) has implemented a number of programmes to promote women’s access to entrepreneurship (only 10 per cent of enterprises are owned or run by a woman) and to address the various difficulties with which women are confronted when setting up their enterprise (limited access to credit, training and information). The Committee notes the Government’s statement that the activity rate of women was only 24.7 per cent in 2012 (17.3 per cent for women aged between 15 and 24 years) and that, taking all sectors into consideration, girls accounted for only 39 per cent of overall trainees in the vocational training system. Stressing the Government’s continuous efforts to make equality between men and women a central component of its policy and the progress achieved in this area, the Committee requests the Government to provide information on the specific measures taken, in the context of the government plan “Ikram”, to combat effectively discrimination against women and to promote equality between men and women in employment and occupation, as well as on the outcomes achieved in terms of women’s access to employment in the private and public sectors, the diversification of employment opportunities and training, and the improvement of working conditions. Furthermore, the Committee requests the Government to provide information on the employment component of the National Emergency Plan on Vocational Training and the Strategic Medium-Term Programme for the Mainstreaming of Equality and Gender Equity (2011–15).

Specialized body responsible for promoting equality and combating discrimination. The Committee welcomes the fact that article 19 of the Constitution of 1 July 2011 provides for the establishment of the Authority for Parity and the Fight against All Forms of Discrimination (APALD). The Committee understands that the Bill establishing APALD will soon be submitted to Parliament for adoption. The Committee requests the Government to provide information on the status of the adoption of the Bill establishing APALD and the contents of the Bill and hopes that it will soon be adopted.

Labour inspection. The Committee notes with interest that training sessions for labour inspectors on fundamental rights, including equality and non-discrimination, were organized in various municipalities in 2013, in collaboration with the ILO, and that the Minister of Employment and Vocational Training adopted a circular on the implementation of legal provisions on women at work on 13 February 2013 (Circular No. 16/13); this circular requests labour inspectors and the Ministry’s regional delegates to focus on respect for provisions concerning women’s rights and measures to combat discrimination at work. The circular also stipulates that they must submit data on “labour indicators on women wage earners” to the central administration, which specify: the number of establishments visited; the total number of wage earners; the number of women employed (positions of responsibility and others) and their age; the number of female staff representatives; the number of observations made concerning discrimination (wages, employment, promotion and others); and the number of infringements noted (maternity, night work and others). The Committee requests the Government to provide specific information on the activities of the labour inspectorate concerning equality and non-discrimination, including extracts from relevant inspection reports, as well as statistical data established on the basis of the tables of “labour indicators on women wage earners”.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Sexual harassment. The Committee notes that, in reply to its comments concerning sexual harassment at work, the Government has provided detailed information on the TAMKINE programme (2008–2011) which aims to prevent and protect women and girls from all forms of violence (physical, verbal, psychological, sexual and economic) and emphasizes the need for autonomy for women and girls. While noting this information, the Committee observes that it does not provide a basis for identifying the action taken or the measures adopted to prevent sexual harassment at work and to combat this type of discrimination. However, the Committee notes, according to the assessment of the situation of equality/equity in the employment, vocational training and social protection sector, published in June 2010 by the Ministry of Employment and Vocational Training, that the issue of sexual harassment at the workplace remains taboo, and victims continue to remain silent out of fear of reprisals and threats to their employment, and through fear of the reactions of their own families. The Committee strongly encourages the Government to take measures to prevent acts of sexual harassment at the workplace, for example through action to raise the awareness of employers, workers and the public in general with a view to combating the respective stereotypes and prejudices. With a view to supplementing and reinforcing the legal protection of workers against sexual harassment, the Committee also invites the Government to envisage the inclusion in the Labour Code of provisions defining and explicitly prohibiting sexual harassment in employment and occupation and establishing protection against any reprisals. The Committee once again hopes that the Bill to combat violence against women will take into account the elements set out in its general observation of 2002 on this issue, and it requests the Government to provide a copy of the Act once it has been adopted.

Domestic workers. The Committee notes that, according to the Government’s report, the procedure for the adoption of the Bill on domestic work, initiated in 2006, is still continuing. In this respect, the Committee draws the Government’s attention to the adoption by the International Labour Conference in June 2011 of the Domestic Workers Convention, 2011 (No. 189), and its accompanying Recommendation No. 201. Recalling that domestic workers are excluded from the scope of the Labour Code, the Committee encourages the Government to take the necessary measures to finalize the Bill on domestic work with a view to its adoption, and it hopes that the Act will duly take into account the principle of equality of opportunity and treatment set out in the Convention. Please provide a copy of the text once it has been adopted.

Application in practice. The Committee notes the information provided by the Government on the composition, mission and activities, partners and interventions of the Centre for Information, Documentation and Studies on Women (CMIDEF). The Committee requests the Government to provide more detailed information on the tangible activities undertaken by the CMIDEF for the benefit of women, particularly with regard to employment, the various occupations and vocational training.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of opportunity and treatment between men and women in employment and occupation, including vocational training. The Committee welcomes the carrying out, in 2010, of an assessment of the situation of equality/equity in the employment, vocational training and social protection by the Ministry of Employment and Vocational Training and the development of the Strategic Medium-Term Programme for the Mainstreaming of Equality and Gender Equity (2011–15) in these areas based on the findings of the assessment. In this respect, the Committee notes that the activity rate of women between 2006 and 2008 decreased from 27.1 per cent to 26.6 per cent. It also notes the existence of significant horizontal and vertical occupational segregation (particularly in rural areas), the importance of women’s employment as family help in rural areas and of unpaid work by women (31 per cent of working women and 84 per cent of women in rural areas) and the high rate of unemployment among women graduates. With regard to vocational training, the assessment undertaken by the Ministry shows a low participation rate of girls from rural areas (22 per cent of trainees), gaps between men and women in relation to training levels, a strong concentration of young girls in a small number of subjects in training, the low diversification of training supply for girls and the difficulties experienced by women who have received vocational training in entering the labour market. The Committee notes that the Strategic Programme, which includes 14 projects, is focused around four main areas: (1) the mainstreaming of equality between men and women, thereby placing this principle at the heart of the preparation, implementation and evaluation of policies, programmes and political decisions; (2) the implementation of measures intended to integrate equality between men and women into the vocational training system; (3) the improvement of knowledge of gender gaps and constraints with a view to the adoption of the appropriate corrective measures; and (4) the promotion of the access of women to positions of responsibility and decision-making bodies. The Committee further notes that it is planned to involve workers’ and employers’ organizations in the implementation of this programme.

In its previous comments, the Committee also referred to the National Strategy for Equality and Gender Equity between the sexes adopted in 2006, the Strategic Plan 2008–12 for the promotion of women’s rights, the gender dimension and equality of opportunities and the National Emergency Plan on Vocational Training, which envisaged numerous measures to combat discrimination based on sex, including measures to combat sexist stereotypes and to promote equality in vocational training and employment.

Welcoming the political will and the efforts made by the Government in relation to equality of opportunity and treatment for men and women in employment and occupation, the Committee requests it to provide information on the implementation of the employment component of the National Strategy for Equality and Gender Equity, the Strategic Plan 2008–12, the National Emergency Plan on Vocational Training and the Strategic Medium-Term Programme for the Mainstreaming of Equality and Gender Equity (2011–15). Noting that evaluation mechanisms, including indicators, are planned, the Committee also requests the Government to provide information, including statistical data, on the results obtained and the impact of the measures adopted within the framework of the policies referred to above in terms of the access of women to employment in the public and private sectors, the diversification of employment opportunities, the supply of training and the improvement of working conditions.

Textile and apparel sectors. The Committee notes the information provided by the Government on the achievements in the textile and apparel sectors of the Decent Work Programme, which was completed in 2008. It notes in particular the production of six guides on the use of the Labour Code for the Moroccan Association of Textile and Apparel Industries (AMITH) and the adaptation of ten training modules based on the provisions of the Labour Code, as well as the training of 60 trade union leaders on globalization, and the reactivation of the Moroccan Joint Textile–Apparel Committee. The Committee requests the Government to indicate the manner in which and the extent to which the achievements of the Decent Work Programme have resulted in an improvement in access to further vocational training, working conditions and remuneration for women engaged in the textile and apparel sectors, and particularly to combat precarious forms of employment and all types of discrimination, including wage discrimination. The Government is also requested to continue providing information on the tangible measures adopted to prevent discrimination and, where appropriate, remedy it in the textile and apparel sectors.

Equality of opportunity and treatment with respect to ethnic origin. In its previous observation, the Committee requested the Government to study the employment situation of the Berber (Amazigh) population with a view to ensuring that the Convention is being effectively applied in law and practice to all groups of the population. The Committee notes that the Government, after recalling the legal framework applicable to racial discrimination, states that all studies or examinations of the employment situation in Morocco cover all groups of society, irrespective of their origins, and that the measures adopted in this respect do not exclude any group of the population. In this respect, the Committee notes the concern expressed by the United Nations Committee on the Elimination of Racial Discrimination that “some Amazighs continue to suffer racial discrimination in accessing employment [...], especially if they do not speak Arabic” (CERD/C/MAR/CO/17–18, of 27 August 2010, paragraph 11). To enable the Government to take appropriate measures to combat discrimination affecting the Berber (Amazigh) population, the Committee encourages it to gather and analyse data on the situation of this group of the Moroccan population in employment and occupation. The Committee requests the Government to indicate the measures adopted to ensure that the Berber, and particularly those who do not speak Arabic, do not suffer discrimination in employment and occupation and that they benefit from equality of opportunity and treatment with other groups of the population.

Cooperation with employers’ and workers’ organizations. The Committee welcomes the adoption of the Social Responsibility Charter, of which the component on human rights envisages the prevention of any discrimination and the promotion of equality of opportunity for men and women, and the creation of a “Corporate Social Responsibility” label by the General Confederation of Moroccan Enterprises (CGEM), attributed to enterprises which respect the principles set out in the Charter. Noting that, according to the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), 29 enterprises have received this label, the Committee requests the Government to provide information on the measures adopted by CGEM and the enterprises concerned to prevent, monitor and address any form of discrimination and to promote equality of opportunity, and to continue providing information on the granting of the “Corporate Social Responsibility” label.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Sexual harassment. The Committee notes the Government’s statement that no information is available with respect to any court decisions applying section 503-1 of the Penal Code or section 40 of the Labour Code. The Committee also notes the Government’s statement that section 39 of the Labour Code concerning dismissal of an employee because of serious misconduct could include dismissal due to harassment. The Government further indicates that in the context of its collaboration with non-governmental organizations to combat sexual harassment, a draft law on combating violence against women is under preparation. The Committee, considering that the existing legislation may not provide full and adequate protection against all forms of sexual harassment in the workplace, hopes that the draft law on combating violence against women will take into account all the elements set out in its 2002 general observation on this issue (attached for ease of reference), and asks the Government to provide a copy of the law once adopted.

Domestic workers. The Committee recalls that the Labour Code excludes domestic workers from its application. The Committee notes that consultations are being held with relevant departments with a view to integrating their comments in the draft law concerning domestic workers. Please indicate the progress made in the adoption of the law on domestic workers, which the Committee hopes will take due account of the principle of equality of opportunity and treatment enshrined in the Convention.

Access to education and training. The Committee recalls its previous comments concerning the very high illiteracy rate among women (54.7 per cent in 2004), which has a general impact on their employment opportunities. The Committee notes the statistics provided by the Government on the participation of women and girls in vocational training courses which indicate a high number of women enrolled in the areas of health (84 per cent), textile (64 per cent), handicraft (65 per cent) and administrative management (57 per cent). However, women appear to be under-represented in courses such as, maritime fishing (3 per cent), metallurgy, mechanics, electricity, and electronics (IMME) (4 per cent), construction and public works (10 per cent) and agriculture and forestry (21 per cent). The Government further indicates that the number of female vocational training interns has been increasing over the past six years and that four emergency plans on vocational training have been launched covering the training of 60,000 young persons in agriculture and 60,000 young persons in handicraft. The Committee asks the Government to provide information on the percentage of women enrolled under these emergency plans and to indicate the measures taken to ensure that women do not systematically enrol in training courses leading to so-called “feminine jobs”. Recalling its observation, please also indicate the measures taken under the National Strategy 2006 and Strategic Plan 2008–12 to ensure that counselling on enrolment for courses is not based on stereotypes regarding the aspirations and capabilities of women with respect to certain jobs.

Practical application and statistics. Please continue to provide information on the activities by the Centre for Information, Documentation and Studies on Women to promote gender equality at work and to collect and analyse statistics relevant to examining the progress made in the application of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Equality of opportunity and treatment between men and women. The Committee recalls its previous observation in which it had requested, in light of the persisting concerns relating to the employment situation of women, information on the implementation of the measures under the National Strategy for Equity and Equality between the Sexes through Gender Mainstreaming of Development Policies and Programmes to promote women’s access to vocational training, employment and occupation and to combat gender stereotypes. The Committee had also requested information on any measures taken to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, particularly section 9 of the Labour Code, and to supply any administrative or judicial decisions concerning these provisions.

The Committee notes that the Government has taken further measures to promote equality between men and women, including the adoption of a new Strategic Plan 2008–12 aimed at promoting the rights of women, the gender dimension and equal opportunities, which include approaches and measures similar to the 2006 National Strategy (i.e. integrating a gender dimension in policies, programmes and development projects; promoting women’s access to posts of responsibility and decision-making; women’s representation in elected bodies; promoting women’s entrepreneurship; combating violence against women and girls; and combating gender stereotypes). The Committee further notes that in the context of the abovementioned National Strategy, the Minister of Labour is currently pursuing measures based on equality at work and the promotion of gender in the production units under its control with a view to improving the working conditions of women and combating all forms of discrimination. The Committee welcomes the commitment and efforts by the Government in developing appropriate strategies to promote equality between men and women. However, the Committee has yet to observe whether the National Strategy adopted in 2006 has generated any progress in removing obstacles, including sexist stereotypes and prejudices, to the implementation of gender equality and reducing inequalities that exist in practice between men and women in employment and occupation. The Committee, therefore, hopes that the Government’s next report will be able to demonstrate that the measures envisaged under the National Strategy of 2006 and the Strategic Plan 2008–12 are having an impact on improving women’s access to the labour market and improving protection from discrimination of women, particularly in the informal economy. The Committee particularly requests the Government to provide information on the impact of measures to improve the working conditions of women in production units under its control. The Committee also recalls the need for measures to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, and asks the Government to provide full information in this regard. Finally, the Committee encourages the Government to establish mechanisms to enable it to assess in what areas progress has been made and in which areas more concerted efforts are needed.

Public administration. The Committee recalls its previous comments in which it noted that women in the public administration are concentrated in areas such as health, youth or education, and in jobs at the lower end of the hierarchy. In 2004, 35.2 per cent of the civil servants were women. The Committee notes the statistics provided by the Government on women’s participation in various sectors of employment and economic activities, but these do not provide an indication on the progress made in achieving a balanced representation of women and men in the various occupations nor in posts of responsibility in the public administration. The Committee requests the Government to indicate how it is monitoring the progress made in improving women’s access to a wide range of occupations in the public administration and to posts of responsibility. Please continue to provide relevant statistics, disaggregated by sex, in this regard.

Textile and clothing sector. The Committee recalls its previous comments concerning the situation of women employed in the textile and clothing sector who are particularly affected by job precariousness, wage discrimination, reduced access to on-the-job training, long working hours and poor working conditions. The Committee also recalls that, under the Decent Work Project, a pilot project is being implemented to improve the competitiveness of the textile and clothing industry through decent work, and to promote gender equality in this sector. The Committee notes the detailed information provided by the Government on the objectives and activities of the project. Noting, however, that the information does not indicate the steps taken to implement the action plan to promote effective gender equality in the clothing and textile sector, nor the results achieved, the Committee asks the Government to provide this information in its next report. Please also indicate how the cooperation of workers’ and employers’ organizations is being sought to implement the measures envisaged.

Equality of opportunity and treatment with respect to ethnic origin. In its previous observation, the Committee continued its dialogue on the measures taken to ensure that members of ethnic minority groups, such as Berber (Amazigh), do not suffer, in practice, from discrimination and enjoy equality of opportunity and treatment in employment and work. The Committee notes that the Government indicates that Moroccans of Amazigh origin do not constitute a separate ethnic minority and, together with the Rifains, Arabs, Sub-Sahara Africans and Andalus (Andalous), represent the multicultural diversity of the Moroccan population. The Committee notes from the report of the 2003 Working Group of Experts on Indigenous Populations/Communities of the African Commission of Peoples’ and Human Rights, that the Berber population is estimated at around 12 million people (45 per cent of the population) and has a distinct identity, culture and language (Tamazight). The Committee notes that the Royal Institute of Amazigh Culture (IRCAM) has the mandate to promote the use of Tamazight in education and in social and cultural life and the media. The Committee recalls that under the Convention the implementation of a national policy on equality requires the Government to take proactive measures to ensure that direct and indirect discrimination in employment and occupation do not exist in practice on the basis of national extraction. In order to be assured that the Convention is being effectively applied in law and in practice to all groups of the population, the Committee therefore asks the Government to study the employment situation of the Berber population and to report on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Sexual harassment. The Committee notes the indication in the Government’s report that the State Secretariat for Family Affairs, Childhood and Persons with Disabilities is organizing information meetings on sexual harassment for various target groups. The Committee requests the Government to provide further information on these and other awareness-raising activities concerning sexual harassment. In the absence of any information in reply to previous comments, the Committee reiterates its requests to the Government to:

(a)   indicate in its next report any court decisions that have applied section 503‑1 of the Penal Code or section 40 of the Labour Code;

(b)   indicate the legal provisions that apply when the perpetrator of sexual harassment is not the employer or the head of the enterprise or establishment – a situation that would be covered by section 40 of the Labour Code – but rather an employee;

(c)   provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations with a view to strengthening existing legal provisions on sexual harassment and to developing practical measures to prevent and eliminate such unacceptable behaviour.

2. The Committee notes the Government’s statement that the Centre for Information, Documentation and Studies on Women is currently establishing a database bringing together relevant literature, statistical information, and legislation. The Committee hopes that this tool will also include data concerning women’s situation in respect of employment and occupation, as the analysis of such data is an essential basis for defining policies to promote gender equality at work and assessing their impact. The Committee requests the Government to provide further information on the Centre’s activities to promote gender equality at work, including on the progress made in collecting and analysing statistical information. It also requests the Government to continue to provide comparable statistical data on the labour force participation of men and women.

3. The Committee notes from the Government’s report concerning the Equal Remuneration Convention, 1951 (No. 100) that a national seminar was held in July 2006 to assist in the drafting of legislation covering domestic workers, as envisaged under section 4 of the Labour Code. Recalling that domestic workers, who are predominantly women, are particularly vulnerable to discrimination, the Committee hopes that the future legislation will provide for the principle of equality and provide protection from discrimination on the grounds of sex and other grounds, in accordance with Convention No. 111. It requests the Government to continue to provide information on the progress made in enacting the legislation on domestic workers.

4. The Committee notes the information provided by the Government concerning the progress made in addressing illiteracy among women and girls indicating that while the female illiteracy rate is decreasing, it still remains very high. Between 1998 and 2004, the female illiteracy rate decreased from 61.9 per cent to 54.7 per cent. The Committee requests the Government to continue to provide information on the progress made in achieving equal access of men and women to education at all levels, including university education and vocational training. Please also provide information on the participation of men and women in the various areas of study and training.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Equality of opportunity and treatment of men and women

1. In its previous observation, the Committee welcomed legislative amendments concerning non-discrimination and equality, including section 9 of the Labour Code, while emphasizing that practical measures are also needed in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and occupation. The Committee notes that, in 2006, the Government adopted a National Strategy for Equity and Equality between the Sexes through Gender Mainstreaming of Development Policies and Programmes. According to the National Strategy, the employment situation of women remains a concern. Women’s economic activity rate decreased from 28 per cent in 2004 to 25 per cent in 2005, while that of men decreased from 77 per cent to 76.5 per cent. Women are disproportionably affected by unemployment and a majority of them work in the informal economy, thus lacking protection from discrimination and exploitation. The Committee notes that equal access of men and women to the labour market is an explicit objective of the National Strategy and that it sets out specific approaches and measures, including the following: integration of a gender perspective in the elaboration of employment policies and programmes and implementing decrees under the Labour Code; enforcement of non-discrimination provisions; encouragement of enterprises to mainstream a gender perspective in their activities; and increased support to women entrepreneurs. The National Strategy also emphasizes the need to combat sexist stereotypes and prejudices in order to bring about changes in mentalities and behaviour. The Committee welcomes the identification of these key issues, which must be addressed in order to move forward in the realization of gender equality at work.

2. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Strategy to promote women’s equal access to vocational training, employment and occupation (pages 18-19) and to combat gender stereotypes (pages 21-22). Please indicate how the implementation of the National Strategy is monitored and assessed. In addition, the Committee requests the Government to provide information on any measures taken to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, particularly section 9 of the Labour Code, and to supply any administrative or judicial decisions concerning these provisions.

3. Public administration. The Committee notes that according to the National Strategy, women’s participation in employment in the public administration is increasing, but continues to be concentrated in areas such as health, youth or education, and in jobs at the lower end of the hierarchy. The statistics for 2004 provided by the Government indicate that 35.2 per cent of civil servants were women, compared with 34.3 per cent in 2002. According to the national report “Beijing + 10”, a circular letter issued by the Prime Minister in January 2001 dealt with the access of women to positions of responsibility in the civil service. The Committee requests the Government to continue to provide statistical information to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in the different job categories, and in management and decision-making positions in the public administration. In this regard, please also provide further information on the Prime Minister’s circular of 2001 regarding women’s employment in posts of responsibility and indicate whether any mechanism exists to ensure the systematic monitoring of the progress made in promoting women to such posts.

4. Textile and clothing sector. Recalling its previous comments under Convention No. 111 and the Equal Remuneration Convention, 1951 (No. 100), concerning discrimination against women in the textile and clothing sector, the Committee notes from the Government’s report that in the framework of the decent work pilot programme carried out with ILO assistance, an action plan has been elaborated to promote effective gender equality in this sector. The action plan, inter alia, recommends measures to address the lack of knowledge of legal provisions on non-discrimination and equality and to strengthen the social performance of enterprises. The Committee recalls that, as noted in the reports of the pilot programme, women make up a large majority of workers in the textile and clothing sector, and they are particularly affected by job precariousness, wage discrimination, reduced access to on-the-job-training, long working hours and poor working conditions. The Committee, therefore, trusts that the necessary steps to ensure the full implementation of the action plan will be taken, and requests the Government to provide information on the specific measures taken and the results achieved. Please also indicate the steps taken to seek the cooperation and collaboration of the social partners to implement the action plan.

Equality of opportunity and treatment irrespective of ethnic origin

5. In its previous comments the Committee requested the Government to provide information on the manner in which equality of opportunity and treatment for members of minority groups is ensured in practice. The Government’s report merely states that the principle of equality of opportunity and treatment is applied with respect to the entire population. The Committee reminds the Government that its concerns relate to the enjoyment of equal opportunities and equal treatment in practice. It, therefore, reiterates its request to the Government to indicate whether any measures have been taken or are envisaged to ensure that, in practice, Berber (Amazigh) members of the population suffer no discrimination and enjoy equality of opportunity in employment and work. In this regard, please indicate whether any studies or reports exist on the employment situation of this group and whether any special measures are being taken to meet their particular requirements as envisaged under Article 5(2) of the Convention.

The Committee is raising other and related matters in a request addressed directly to the Government.

 

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Sexual harassment

1. The Committee notes that section 503-1 of the Penal Code establishes a penalty of from one to two years’ imprisonment and from 5,000 to 500,000 dirhams for abuse of the authority conferred by functions and the use of threat and constraint for the purpose of obtaining sexual favours. It requests the Government to indicate in its next report any court decisions that have applied this provision.

2. The Committee notes that section 40 of the Labour Code states that sexual harassment constitutes serious misconduct on the part of the employer or the head of the enterprise or establishment. The Committee requests the Government to indicate the provisions that apply where the perpetrator of the sexual harassment is not the employer or the head of the enterprise or establishment, but an employee.

3. The Committee notes that under section 40 of the Labour Code, resignation by an employee on grounds of sexual harassment is treated as wrongful dismissal if the employer is proved guilty of the sexual harassment. The Committee notes that, according to the report, the procedure for cases of sexual harassment is the same as that for cases of wrongful dismissal. It requests the Government in future reports to provide information on any court decisions applying section 40 of the Labour Code.

4. The Committee notes that, according to the Government, the taboo on sexual harassment has now been lifted and cooperation with the social partners on this issue is running smoothly. The Committee requests the Government to indicate in its next report whether any regulations or practical measures to supplement section 503-1 of the Penal Code and section 40 of the Labour Code have been adopted or are envisaged, including in cooperation with the social partners, with a view to: reaching a more specific definition of sexual harassment (the Committee refers the Government to its general observation of 2002); establishing specific procedures for sexual harassment; and informing and raising awareness among employers, employees and the public, particularly women, about sexual harassment.

Grounds of discrimination other than sex

5. The Committee notes that the Government’s last report does not contain the information requested by the Committee in its previous direct request, on the manner in which equality of opportunity and treatment for members of minority groups is ensured in practice. Noting that according to Morocco’s fifth periodic report on the application of the International Covenant on Civil and Political Rights (CCPR/C/MAR/2004/5), measures have been taken to promote and ensure respect for the Berber or Amazigh culture, the Committee requests the Government to indicate in its next report whether measures have been taken or are envisaged to ensure that in practice the Berber members of the population suffer no discrimination and enjoy equality of opportunity and treatment in employment and work.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. In its observation of 2003, the Committee noted a communication from the International Confederation of Free Trade Unions (ICFTU) alleging the existence of legal provisions restricting women’s employment directly and indirectly, inequalities between men and women in access to high-level posts in the public service, and serious breaches of the Labour Code in the textile exporting industry, where the great majority of employees are very young and illiterate women. In reply the Government stated that there were no discriminatory provisions in the national legislation, that all discrimination was expressly prohibited in the new Labour Code and that progress had recently been made in women’s access to posts of responsibility. So that it could make a fuller assessment regarding the ICFTU’s allegations, the Committee requested more detailed information on the distribution of men and women at the various levels of the public administration, working conditions in the textile exporting industry, restrictions imposed in law or in practice on women’s employment, and any difference in the treatment afforded to men and to women by the Family Code that might operate to women’s disadvantage in the labour market. It furthermore requested the Government to provide the text of the new Labour Code.

Legal reforms

2. The Committee notes with interest the adoption, on 16 January 2004, of the new Family Code, which ensures equal rights and responsibilities for men and women within the family and abolishes a number of restrictions in the old Moudawa (personal status code) that placed women at a disadvantage. According to the Government’s latest report, the Family Code marks a turning point in the history of Morocco, and was initiated by feminist circles and is well suited to Morocco’s political, legal, economic and social circumstances. In the Committee’s view, the new Family Code is an important step in the pursuit of equality between men and women in society, and creates a new environment which should be conducive to more rapid progress towards equal opportunity and treatment for men and women in employment.

3. The Committee notes with interest that section 9 of the new Labour Code Act No. 65-99 prohibits, as the Convention requires, all discrimination based on race, colour, sex, disability, marital status, religion, political opinion, trade union affiliation, national extraction or social origin, which results in a breach or distortion of the principle of equal opportunity and treatment in employment or occupation, including in hiring, the conduct and distribution of work, vocational training, wages, promotion, grant of social benefits, disciplinary measures and dismissal. Section 9 also lays down for women the right to conclude a work contract and the right, whether or not they are married, to join an occupational organization and to participate in its administration and management. The Committee further notes that section 40 of the Code treats sexual harassment as serious misconduct on the part of an employer or head of an enterprise.

4. The Committee further observes that the Penal Code, as amended in 2003, now contains several new provisions that impose penalties on all forms of discrimination and secure better protection for women, in particular against sexual harassment, and notes that the reform of the Commercial Code and the Dahir on obligations and contracts give women the right to hire out their services and to trade without their husbands’ consent.

Policies and practices

5. The Committee welcomes the major efforts the Government has made in recent years to create a legal framework for the elimination of discrimination against women and the promotion of equal opportunities and treatment, including in employment. It recalls, however, that legal texts alone are not sufficient to ensure that the Convention is fully applied. A whole set of practical measures is needed as well in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and work.

6. In this connection, the Committee notes that the fifth periodic report of Morocco on the application of the International Covenant on Civil and Political Rights (CCPR/C/MAR/2004/5) acknowledges that although there is wide-ranging legislation, disparities persist, including in employment, that are attributable to economic and geographical considerations and deep-seated traditions and customs within certain social milieux. The Committee requests the Government to indicate in its next report the measures that have been taken or are envisaged to encourage the necessary shift in the mentalities and conduct of men and women alike, and to promote understanding and acceptance of the principle of equality between men and women, in particular in work and employment.

7. A major obstacle to equality in practice is the rate of illiteracy among women which significantly limits their ability to assert the rights conferred on them by law. According to the abovementioned report on the application of the International Covenant on Civil and Political Rights, despite the Government’s efforts Moroccan society continues to be plagued by illiteracy, and illiterate women, who are predominantly from rural areas, account for 61.9 per cent of illiteracy nationwide. The Committee calls on the Government to persist with its measures to eradicate female illiteracy and to encourage girls and women to acquire education and training that will afford them access to employment on a par with men. It hopes that the Government’s next report will contain information on results obtained in this area.

8. The Committee notes that the last report does not contain the information it requested on the situation of women in the textile exporting industry. It notes, however, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100) that an ILO pilot programme to promote decent work in which the Ministry of Employment and of Social Partners is associated is currently under way in the textile and clothing sector. The executive summary of the programme reports a "decent work deficit", affecting women more particularly: their jobs are more precarious and their wages lower, and they are treated differently in terms of recognition of length of service. The action plan of the pilot programme includes the formulation of a sectoral action plan for the elimination of all forms of discrimination between women and men. The Committee requests the Government to provide information in its next report on any progress made through implementation of the pilot programme. Please also indicate supervisory measures and penalties applied to secure compliance with the laws and regulations on non-discrimination and women’s conditions of employment in enterprises in this sector.

9. The Committee notes that the report reproduces information already sent in the previous report concerning the appointment of a number of women to some of the highest ranking posts in the Administration. The Government also provided statistical tables on the numbers of the Administration staff disaggregated by sex, but no information or comments allowing the Committee to assess the extent of any progress. The Committee requests the Government to indicate in its next report whether it intends to implement a policy systematically to promote women to posts of responsibility in the public service and in jobs under Government control, possibly including performance targets and a monitoring mechanism.

10. The Committee notes that in October 2004 a Centre for information, documentation and studies on women was opened and that its purpose is to collect and process demographical and statistical data on the status of women, conduct surveys and studies on women and carry out training and continuous training programmes. The Committee hopes that the Centre will also be used for gathering and analysing statistical data on women’s employment, since such information is essential as a basis for defining policies to promote equality of opportunity and treatment such as the one mentioned above. It hopes that in its next report the Government will provide information on the Centre’s work on employment issues.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. With reference to its previous comments, the Committee notes that the Government was unable to send with its last report statistical information on employment and training for women. The Committee again lays the emphasis on the importance of obtaining reliable statistics of the number of men and women in a given occupation in both the private sector and the public sector. It recalls in this connection that where inequality of opportunity and treatment in employment and occupation is overlooked because it is inadequately recorded in statistics, there are negative repercussions for the effective application of the Convention.

2. The Committee notes the concluding observations of 1 December 2000 by the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.55) concerning the high rate of illiteracy in Morocco, particularly among women in rural areas. It also notes that, according to the abovementioned Committee, less than 50 per cent of children of both sexes are being regularly educated, and the access of young girls to education is considerably more limited, particularly in the rural areas, which accounts for the fact that the adult illiteracy rate is 65 per cent for women, as against 40 per cent for men. The Committee asks the Government to send information on the effective measures taken to promote the access of girls to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate.

3. The Committee asks the Government to provide information on any measures or programmes to facilitate acquisition of skills and vocational training for women, and on the manner in which such training has enhanced equality between men and women in respect of access to employment.

4. With reference to its previous comments, the Committee again asks the Government to provide information in its next report on tangible progress made in implementing the ministerial programmes to enhance the status of women in terms of their access to and participation in employment in all areas and in decision-making.

5. The Committee asks the Government to provide information on how effect is given in practice to the principle of equality of opportunity and equal treatment in employment and occupation in respect of members of minority groups in order to eliminate all discrimination based on race, sex, national extraction or religion.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the communication submitted by the International Confederation of Free Trade Unions (ICFTU) on 4 June 2003 concerning the application of both Conventions Nos. 100 and 111, as well as the Government’s reply thereon received on 9 September 2003. In addition to the communication detailed under Convention No. 100 and with regard to Convention No. 111, the ICFTU alleges that while, as a matter of law, there is no sex discrimination, in practice women are concentrated in certain jobs in the public service and only a few women occupy posts of responsibility. The ICFTU further maintains that inequalities between men and women exist in hiring and that legal restrictions are imposed on the employment of women but not of men. It also expresses concern over serious violations of the Labour Code in the textile-exporting and manufacturing industries, including the lack of maternity protection, and over the high illiteracy rate of women and over sex discrimination in family law which has an impact on discrimination against women in the labour market in general.

2. In its reply, the Government refers to the existing legal provisions promoting equality between men and women with regard to access to employment and prohibiting all discrimination in employment and occupation. Specifically, the Government refers to the adoption of the new Labour Code, which, it states, prohibits direct and indirect discrimination based on race, colour, sex, disability, civil status, belief, political opinion, trade union affiliation, national extraction and social origin in employment and occupation, particularly in hiring, the administration and distribution of work, vocational training, remuneration, promotion, enjoyment of social privileges, disciplinary sanctions and dismissals. Apart from this and the indication that some progress has been made in access to employment for women in the public service due to the review of the Elections Code of 2002 and the observance of the quota system, the Committee notes that additional information is needed to make a full assessment with regard to the allegations made by the ICFTU concerning the application of Convention No. 111 in the public and private sectors. The Committee therefore asks the Government to provide, in its next report, more complete information, including statistical data, on: (1) the numbers of men and women employed in the public service at various levels; (2) the conditions of work, including maternity protection, of men and women in the exporting and manufacturing industries; (3) any restrictions imposed indirectly or directly on women’s employment; in law or in practice; and (4) any differential treatment of men and women in family law that might operate to disadvantage women in the labour market. The Government is also requested to indicate all the measures taken or envisaged to ensure both de jure and de facto equality of opportunity and equal treatment of men and women in employment and occupation in the public sector and private sector, particularly in regard to access to jobs. Please also supply a copy of the newly adopted Labour Code. The Committee will examine the Government’s reply to these points at its next session.

The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. Recalling the continuing delay in the adoption of a new Labour Code, the Committee notes that the draft Code has been submitted to Parliament and that it expressly prohibits all forms of discrimination. According to the information sent by the Government, section 9 prohibits "all discrimination based on race, colour, sex, invalidity, civil status, belief, political opinion, trade union affiliation, national extraction or social origin the effect of which is to breach or impair the principle of equality of opportunity and treatment in employment and occupation, particularly in hiring, the administration and distribution of work, vocational training, remuneration, promotion, enjoyment of social privileges, disciplinary sanctions and dismissal". The Committee hopes that every effort will be made to adopt and apply this text and awaits a copy of the new Code.

2. With reference to its previous comments, the Committee notes that the Government was unable to send with its last report statistical information on employment and training for women. The Committee again stresses the importance of obtaining reliable statistics of the number of men and women in a given occupation in both the private sector and the public sector. It recalls in this connection that where inequality of opportunity and treatment in employment and occupation is overlooked because it is inadequately recorded in statistics, there are negative repercussions for the effective application of the Convention.

3. The Committee notes the concluding observations of 1 December 2000 by the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.55) concerning the high rate of illiteracy in Morocco, particularly among women in rural areas. It also notes that, according to the abovementioned committee, less than 50 per cent of children of both sexes are being regularly educated, and the access of young girls to education is considerably more limited, particularly in the rural areas, which accounts for the fact that the adult illiteracy rate is 65 per cent for women, as against 40 per cent for men. The Committee asks the Government to send information on the effective measures taken to promote the access of girls to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate.

4. The Committee asks the Government to provide information on any measures or programmes to facilitate acquisition of skills and vocational training for women, and on the manner in which such training has enhanced equality between men and women in respect of access to employment.

5. With reference to its previous comments, the Committee again requests the Government to provide information in its next report on tangible progress made in implementing the ministerial programmes to enhance the status of women in terms of their access to and participation in employment in all areas and in decision-making.

6. The Committee requests the Government to provide information on how effect is given in practice to the principle of equality of opportunity and treatment in employment and occupation in respect of members of minority groups in order to eliminate all discrimination based on race, sex, national extraction or religion.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

1. The Committee notes with interest the adoption of the new Commercial Code, section 17 of which clearly establishes freedom for a married woman to engage in commerce, reinforcing the repeal of section 726 of the Civil Code which subjected this activity to prior authorization by the husband. It also notes that discussions regarding the draft new Labour Code within the tripartite committee set up to examine the question have obtained agreement on most of the provisions. Besides the general provisions guaranteeing non-discriminatory treatment, this draft contains a revision, with a view to their possible removal, of the restrictions contained in the Decree of 6 September 1957 in respect of the access of women to certain dangerous work. The Committee looks forward to receiving a copy on adoption.

2. The Committee notes the replies of the Government to comments made in its previous direct request regarding the restrictions on access of women to certain occupations in special public service statutes, and also in practice. They include the performance of functions in the postal service, civil defence, active service in the police and customs administration, posts as firefighters, as well as in the Ministry of the Interior, the Inspectorate of Finances, and the forestry administration. The Committee notes the Government's indication that these restrictions in the services mentioned above have been lifted and that women are now effectively engaged in posts in these services. It requests the Government to provide recent statistical information with its subsequent reports in respect of employment and training for women as compared to men taken from the survey on training and employment of women, as well as information on the progress achieved in the implementation of Ministry of Labour programmes to promote women, on the platform for a national strategy on the promotion of women, mentioned in the Government's report, in respect of equality of access for men and women to training and employment.

3. Noting also the comments of the Committee on the Elimination of Racial Discrimination of February 1999 (CERD/C/304/Add.57) that, although the Constitution established the principle of equality of all citizens before the law in a general manner, there are no legal provisions explicitly prohibiting racial discrimination. The Committee again renews its hopes for the early adoption of the draft Labour Code, for which the discussions seem finally, after many years, to be arriving at agreement.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that the draft Labour Code, section 8 of which prohibits any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, which has been under preparation for many years, is presently being studied by Parliament and that, at the request of employers' and workers' organizations, it has been decided to defer adoption of the Code to allow more consultations within a tripartite committee established for that purpose. The Committee, while welcoming the general provisions ensuring non-discriminatory treatment, nevertheless hopes that its observations and suggestions concerning certain other sections of the Code (such as sections 181, 317 and 318) will be taken into consideration during the discussions, and asks the Government to continue to provide information in its future reports on any progress made toward the adoption of this draft text.

2. The Committee notes from the report submitted by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (United Nations document CEDAW/C/MOR/1, paragraph 60) that a draft Dahir submitted to the General Secretariat of the Government by the Minister of Trade and Industry as Bill No. 274 of 14 April 1993 proposes the repeal of sections 6 and 7 of the Commercial Code of 12 August 1913. Article 6 of this Code requires the husband's authorization for a woman to engage in commerce. The same report also indicates that, in order to avoid any other interpretation, article 19 of the draft Commercial Code clearly provides for the freedom of a married woman to engage in commerce. The Committee requests the Government to provide information with its next report on any further steps taken with regard to adopting this draft Dahir, and to provide a copy in the event that it has been adopted.

3. With regard to equal access for women to public sector employment, the Committee notes that the principle of equal access for all citizens to the public service and public sector employment is set out in general terms in article 12 of the Constitution and in section 1, paragraph 1, of the General Conditions of Service for Public Servants (Dahir No. 1-58-008 of 24 February 1958, as amended by the Dahirs of 15 October 1991, 2 March 1994, 26 January 1995 and 2 August 1997). The Committee also notes that concerning the application of these General Conditions to female staff, certain reservations may be included in special statutes. It notes that in application of this provision, derogations to the principle of equality of access to public sector employment are contained in a number of statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services. The Government indicates that the ministerial departments concerned have been informed of the discrepancies that exist between the provisions of these special statutes and the principles set out in the Convention. They have indicated that they will take the necessary measures to allow women access on an equal footing to the categories of jobs covered by these statutes, namely, by allowing women to be recruited as postmen in the postal sector and to work in the civil defence corps. The Committee asks the Government to keep it informed in its future reports of measures taken by the ministerial departments concerned to bring their special statutes into conformity with the Convention on this point.

4. Furthermore, the Committee notes that in reply to its observations concerning the fact, as noted from the above-mentioned CEDAW report (paragraphs 123 to 133), that women are excluded from active service in the police and customs administration, that posts as fire-fighters, administrators in the Ministry of the Interior and the General Inspectorate of Finances, and in the forestry administration are in practice reserved for men, and that female staff in the royal armed forces occupy specialized posts only in health and social services, the Government indicates that certain posts in the police, the gendarmerie and the armed forces are filled by women in actual practice. The Committee asks the Government to indicate in its future reports the measures adopted by these ministries to enable women in practice to fill the above-mentioned posts.

5. The Committee notes that, in reply to its earlier comments concerning Article 3(c) of the Convention, the Government indicates that the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists has not been in force since the 1967 reform.

6. At the same time, the Committee notes that the Government provides no answer to its observation concerning certain points set out in its previous direct request, which read as follows:

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest from the information provided in the Government's report the repeal, by Act No. 25-95 promulgated by the Dahir of 11 August 1995, of section 726 of the Code of Obligations and Contracts which stipulated that a married woman could not enter into an employment contract without the authorization of her husband, who had the right to cancel any such contract concluded without his consent.

A request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In reply to the comments it has been making for a number of years concerning the absence in the national legislation of provisions prohibiting explicitly discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, the Committee notes the Government's statement that the provisions of the Constitution guaranteeing equality to all Moroccans before the law, the right of all to education and employment and to occupy public posts give adequate effect to the provisions of the Convention. The Government adds that section 8 of the draft Labour Code, revising the Dahir of 2 July 1947 governing employment confirms these constitutional guarantees and forbids any form of discrimination based on the grounds embodied in the Convention, among others. The draft is presently being studied by a parliamentary commission and the Government declares that there are no technical difficulties for its adoption. Noting that, in its comments on the draft Labour Code, the Office welcomed the general provisions ensuring non-discriminatory treatment contained in sections 7 and 8 of the draft, but suggested some additions to other sections concerning equal treatment, the Committee hopes that these observations will be taken into consideration and that the draft Code, which has been in preparation for many years, will be adopted in the near future. It requests the Government, in its next report, to provide information on progress towards the adoption of this draft.

2. With regard to equality of access for women to public employment, the Committee notes that section 12 of the Constitution, and section 1(1) of the General Public Service Act (Dahir of 24 February 1958, as amended by the Dahirs of 15 October 1991 and 2 March 1994) stipulate, in general, the principle of equality of access for all citizens to public services and employment. The Committee notes, however, that certain reservations are made in regard to application of the General Public Service Act to female staff, in that section 1(2) provides that "subject to the provisions it establishes or which are a result of special statutes, no distinction between the sexes shall be made in the application of this Act". In application of this provision, derogations to the principle of equality of access to public employment are contained in a number of special statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services (Royal Decree of 9 March 1967, section 3, which stipulates that "postmen shall be recruited ... from among the male candidates").

3. In addition, the Committee notes from the report that the Government has submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (United Nations document CEDAW/C/MOR/1 of 3 November 1994) that women are excluded from active service in the police and the customs administrations; that the profession of fire-fighter remains the privilege of men; that female personnel in the Royal Armed Forces -- officers and non-commissioned personnel -- may exercise special functions only in the health and social services (Royal Decree of 10 February 1966 and Dahir of 17 May 1958); that, although the special statutes for the administrators of the Ministry of the Interior (Dahir of 1 March 1963) and for the General Inspectorate of Finances do not explicitly prohibit the access of women to these posts, in practice even though female candidates meet the conditions required for these two categories of posts, they are reserved for men; in practice, women are also excluded from the corps of forestry officials. The Committee requests the Government to supply with its next report detailed information on the measures taken or envisaged to bring national legislation and practice into conformity with the Convention on this point.

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

6. With reference to its previous comments, the Committee notes with interest that the Decree of 17 October 1975, section 5, provides that the directorship of mixed schools is open to both men and women, in contrast to the Decree of 11 February 1972 on basic regulations for secondary schools which provides that a woman may occupy the position of secondary-school director only in a girls' school. The Committee requests the Government to confirm whether the latter Decree has been expressly amended by the Decree of 17 October 1975 and, if this is not the case, to indicate the measures taken to bring it into conformity with the Convention and national practice, since, according to the report, this Decree is no longer applied and women occupy directorships in mixed schools. Please provide a copy of the Decree of 17 October 1975 with the next report.

7. Article 3(c) of the Convention. In the absence of a reply to the request it has been making for some time, the Committee urgently requests the Government to indicate the measures taken or envisaged to repeal the provisions of the Order of 20 June 1963 (section 2 of which refers only to women applicants) establishing an examination for the award of permanent appointments to probationary short-term typists which are incompatible with the national policy of non-discrimination in respect of employment and occupation.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information communicated by the Government in its report in reply to previous comments.

1. In reply to the comments it has been making for a number of years concerning the absence in the national legislation of provisions prohibiting explicitly discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, the Committee notes the Government's statement that the provisions of the Constitution guaranteeing equality to all Moroccans before the law, the right of all to education and employment and to occupy public posts give adequate effect to the provisions of the Convention. The Government adds that section 8 of the draft Labour Code, revising the Dahir of 2 July 1947 governing employment confirms these constitutional guarantees and forbids any form of discrimination based on the grounds embodied in the Convention, among others. The draft is presently being studied by a parliamentary commission and the Government declares that there are no technical difficulties for its adoption. Noting that, in its comments on the draft Labour Code, the Office welcomed the general provisions ensuring non-discriminatory treatment contained in sections 7 and 8 of the draft, but suggested some additions to other sections concerning equal treatment, the Committee hopes that these observations will be taken into consideration and that the draft Code, which has been in preparation for many years, will be adopted in the near future. It requests the Government, in its next report, to provide information on progress towards the adoption of this draft.

2. With regard to equality of access for women to public employment, the Committee notes that section 12 of the Constitution, and section 1(1) of the General Public Service Act (Dahir of 24 February 1958, as amended by the Dahirs of 15 October 1991 and 2 March 1994) stipulate, in general, the principle of equality of access for all citizens to public services and employment. The Committee notes, however, that certain reservations are made in regard to application of the General Public Service Act to female staff, in that section 1(2) provides that "subject to the provisions it establishes or which are a result of special statutes, no distinction between the sexes shall be made in the application of this Act". In application of this provision, derogations to the principle of equality of access to public employment are contained in a number of special statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services (Royal Decree of 9 March 1967, section 3, which stipulates that "postmen shall be recruited ... from among the male candidates").

3. In addition, the Committee notes from the report that the Government has submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (United Nations document CEDAW/C/MOR/1 of 3 November 1994) that women are excluded from active service in the police and the customs administrations; that the profession of fire-fighter remains the privilege of men; that female personnel in the Royal Armed Forces - officers and non-commissioned personnel - may exercise special functions only in the health and social services (Royal Decree of 10 February 1966 and Dahir of 17 May 1958); that, although the special statutes for the administrators of the Ministry of the Interior (Dahir of 1 March 1963) and for the General Inspectorate of Finances do not explicitly prohibit the access of women to these posts, in practice even though female candidates meet the conditions required for these two categories of posts, they are reserved for men; in practice, women are also excluded from the corps of forestry officials. The Committee requests the Government to supply with its next report detailed information on the measures taken or envisaged to bring national legislation and practice into conformity with the Convention on this point.

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

6. With reference to its previous comments, the Committee notes with interest that the Decree of 17 October 1975, section 5, provides that the directorship of mixed schools is open to both men and women, in contrast to the Decree of 11 February 1972 on basic regulations for secondary schools which provides that a woman may occupy the position of secondary-school director only in a girls' school. The Committee requests the Government to confirm whether the latter Decree has been expressly amended by the Decree of 17 October 1975 and, if this is not the case, to indicate the measures taken to bring it into conformity with the Convention and national practice, since, according to the report, this Decree is no longer applied and women occupy directorships in mixed schools. Please provide a copy of the Decree of 17 October 1975 with the next report.

7. Article 3(c) of the Convention. In the absence of a reply to the request it has been making for some time, the Committee urgently requests the Government to indicate the measures taken or envisaged to repeal the provisions of the Order of 20 June 1963 (section 2 of which refers only to women applicants) establishing an examination for the award of permanent appointments to probationary short-term typists which are incompatible with the national policy of non-discrimination in respect of employment and occupation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement that the principle of equality is established in all laws and regulations that relate to the Convention and that there is no discrimination on the grounds set out in the Convention. While noting that the 1992 revised Constitution (Dahir No. 1-92-155 of 9 October 1992) establishes, in general terms, equality before the law (article 5), freedom of opinion (article 9), the right to education and work (article 13) and contains specific provisions ensuring equality of political rights between men and women (article 8) and equal access to public sector jobs and functions (article 12), the Committee notes that no provision of the Constitution, nor of the Dahir of 2 July 1947 on labour legislation, nor of any law or regulation specifically lays down the principle of equality of opportunity and treatment in employment and occupation, or prohibits discrimination on all the grounds set out in the Convention and in all sectors of activity.

It notes with interest, however, that the draft Labour Code now being examined has filled this void by establishing expressly the principle of non-discrimination within the meaning of the Convention. The above draft has already been approved by the Government (after more than 25 years of preparation and examination) and Parliament has been debating it since May 1992 with a view to enacting it. The text of the draft has been sent to the ILO.

The Committee urges the Government - as it has done several times since its direct request of 1970 - to keep it informed of developments in the situation, and particularly of difficulties encountered in actually adopting and promulgating the Code and the measures taken or envisaged to overcome them. It notes that the International Labour Office assisted with the preparation of the draft and made its first observations as long ago as 1979, and informs the Government that it is still at its disposal for any additional assistance it might deem necessary.

2. As regards women more particularly, the Committee notes from the statistics supplied by the Government in its report that the percentage of women employed in the public service has increased, from 16.6 per cent in 1979 to 28.5 per cent in 1986 as regards women workers in the urban sector in general, and from 21.9 per cent in 1981 to 28.7 per cent in 1987 for women workers in the education and health sectors. It asks the Government to continue to provide information on specific measures taken to reduce the still substantial differences in the number of men and women workers in several sectors. So that it can ascertain progress made in this area, the Committee would appreciate receiving, in particular, recent statistical information in the next report, concerning the number of women (and their percentage in relation to men) employed in the public administration and public and private enterprises employing a substantial number of women, including in jobs and occupations traditionally held by men, and in management and executive posts.

3. With reference to its previous comments on the Decree of 11 February 1972 regulating secondary education establishments (sections 6 and 10) and the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists (section 2), the Committee asks the Government to indicate in its next report whether these texts are still in force and, if so, the measures taken - and the results obtained - to eliminate any provisions from the texts, as well as any administrative practices, that are incompatible with the national policy against discrimination, in accordance with Article 3(c) of the Convention.

4. With regard to equal access for men and women to education and vocational training, the Committee notes that the Government encourages the access of all applicants, without any distinction as to sex, to the various courses provided in training establishments, and that there has been an increase in the number and the student capacity of such establishments. The Committee refers to paragraphs 166 to 169 of its 1988 General Survey on Equality in Employment and Occupation, in which it explains the concept of "affirmative action programme" as being any measure which sets out to eliminate and make good any de facto inequalities in training and employment which affect the opportunities in particular of women and underprivileged ethnic groups, and once again asks the Government to state in its next report the affirmative measures taken or under consideration to facilitate and encourage the access of women and, if appropriate, disadvantaged ethnic and tribal groups, to training for occupations in which they are still underreperesented and to encourage the diversification of their jobs and their promotion.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information supplied by the Government, particularly concerning Parliament's examination in May 1992 of the draft of the new Labour Code. It hopes that the draft has been adopted and that the Government will provide a copy of the new Code shortly.

2. With regard to conditions of employment in the public service, the Committee notes that Decree No. 2-63-164 of 14 November 1963, attached to the Government's report, establishes general rules for staff of various enterprises (including state enterprises). The Committee would appreciate receiving information on the practical measures taken or under consideration to ensure observance of the principle of equal access and promotion in respect of public sector jobs, together with recent statistical data on the number of women (and the proportion of women as compared to men) employed in the public service, public and semi-public enterprises and the number of women in managerial and high-level posts which, until recently, were reserved for men, e.g. magistrates, engineers, airline pilots, etc.

3. The Committee notes from the report that the Decree of 11 February 1972 regulating secondary education establishments is out of date in that women have been appointed to managerial positions in mixed establishments both in secondary and higher education. The Committee would appreciate recent statistics of the percentages of men and women employed in secondary and higher education establishments. The Committee again requests the Government to provide information on the status of the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists, section 2 of which refers only to women applicants.

4. The Committee notes that, according to the Government, the Order of 10 May 1971 establishing a vocational proficiency certificate makes no distinction between the sexes and that the definition of "young people" (jeunes gens) in section 4 of the Order applies to male and female applicants. It also notes that the new occupational training system guarantees equality of opportunity for male and female applicants to vocational training and applied technology institutes. The Committee refers to paragraphs 77 and 78 of its 1988 General Survey on Equality in Employment and Occupation, in which it indicates that training is of paramount importance in that it determines the actual possibilities of gaining access to employment and occupations, and asks the Government to state what specific measures have been taken or are under consideration to facilitate the access of girls to education, particularly secondary education and technical and vocational training.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report contains no new information in reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which read as follows:

1. The Committee notes with interest that the new draft Labour Code adopted by the Government prohibits (in section 7) all discrimination on grounds covered by the Convention. The Committee hopes that this draft Code will be enacted in the near future and that the Government will be able to indicate the progress achieved in this respect in its next report (and supply a copy of the text once adopted).

2. As regards the conditions of employment in the public service, the Committee noted in its previous comments the Government's statement that the specific personnel rules in a number of public and semi-public administrative departments do not contain any discriminatory provisions on grounds of sex and that the conditions of recruitment and employment are identical for men and women. The Committee once again requests the Government to supply copies of some of these sets of rules.

3. In the same comments, the Committee noted the Government's statement that the provisions of the Decree of 11 February 1972, establishing rules for secondary teaching establishments, were intended to encourage the recruitment of women to managerial positions in educational establishments for girls and to rectify a situation which was previously very unfavourable to women. The Committee hopes that the Government will be able to take the necessary measures to extend the provisions of this Decree to mixed educational establishments so that women can have equal access to managerial positions in these establishments.

4. The Committee noted that section 2 of the Order of 20 June 1963, which provides for the holding of an examination to give a permanent contract to probationary shorthand-typists, refers only to women as candidates for fixed positions, and that section 4 of the Order of 10 May 1971, which provides for a certificate of vocational proficiency, refers only to young men being admitted to the training course. If these texts are still in force, the Committee would be grateful if the Government would indicate any measures that have been taken or are contemplated in their regard in order to ensure men and women equality of access to employment, in accordance with the Convention.

5. In its previous comments, the Committee noted with interest the information supplied by the Government to the effect that the national policy designed to promote equality of opportunity, as a result of the development of teaching and vocational training programmes, has led to an increase in the number of working women and their access to high-level functions, such as magistrates, engineers, airline pilots, etc., which until recently had been reserved for men The Committee requests the Government to continue supplying information on this point, and particularly on the number of women who have entered these occupations, and to supply information on the results achieved as regards the absence of discrimination in terms and conditions of employment. In this context, the Government is particularly requested to indicate the measures that have been taken in order to promote equality of opportunity and treatment:

(a) in jobs and in vocational training and guidance under the direct control of the Government;

(b) through legislation, educational programmes and the dissemination of information to the public;

(c) with the co-operation of employers' and workers' organisations and, where appropriate, of other non-governmental organisations.

The Committee hopes that the Government will not fail to supply the information that has been requested.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report for the period 1986-88 and notes that this report contains no new information in reply to its previous comments. The Committee is therefore bound to repeat these comments in the hope that the Government will supply full particulars on the following points in its next report.

1. The Committee notes with interest that the new draft Labour Code adopted by the Government prohibits (in section 7) all discrimination on grounds covered by the Convention. The Committee hopes that this draft Code will be adopted in the near future and that the Government will be able to indicate the progress achieved in this respect in its next report (and that, if appropriate, it will supply a copy of the definitive text).

2. As regards the conditions of employment in the public service, the Committee noted in its previous comments the Government's statement that the specific personnel rules in a number of public and semi-public administrative departments do not contain any discriminatory provisions on grounds of sex and that the conditions of recruitment and employment are identical for men and women. The Committee once again requests the Government to supply copies of some of these sets of rules.

3. In the same comments, the Committee noted the Government's statement that the provisions of the Decree of 11 February 1972, establishing rules for secondary teaching establishments, were intended to encourage the recruitment of women to managerial positions in educational establishments for girls and to rectify a situation which was previously very unfavourable to women. The Committee hopes that the Government will be able to take the necessary measures to extend the provisions of this Decree to mixed educational establishments so that women can have equal access to managerial positions in these establishments.

4. The Committee noted that section 2 of the Order of 20 June 1963, which provides for the holding of an examination to give a permanent contract to probationary shorthand-typists, refers only to women as candidates for fixed positions, and that section 4 of the Order of 10 May 1971, which provides for a certificate of vocational proficiency, refers only to young persons being admitted to the training course. If these texts are still in force, the Committee would be grateful if the Government would indicate any measures that have been taken or are contemplated in their regard in order to ensure men and women equality of access to employment, in accordance with the Convention.

5. In its previous comments, the Committee noted with interest the information supplied by the Government to the effect that the national policy designed to promote equality of opportunity, as a result of the development of teaching and vocational training programmes, has led to an increase in the number of working women and their access to high-level functions, such as magistrates, engineers, airline pilots, etc., which until recently had been reserved for men The Committee requests the Government to continue supplying information on this point, and particularly on the number of women who have entered these occupations, and to supply information on the results achieved as regards the absence of discrimination in terms and conditions of employment. In this context, the Government is particularly requested to indicate the measures that have been taken in order to promote equality of opportunity and treatment:

(a)in jobs and in vocational training and guidance under the direct control of the Government;

(b)through legislation, educational programmes and the dissemination of information to the public;

(c)with the co-operation of employers' and workers' organisations and, where appropriate, of other non-governmental organisations.

The Committee hopes that the Government will not fail to supply the information that has been requested.