Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Maroc (Ratification: 1963)

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.