Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Migration for Employment Convention (Revised), 1949 (No. 97) - Morocco (Ratification: 2019)

Article 3 of the Convention.Action against misleading propaganda. Further to its previous comment, the Committee notes the Government’s reference in its report to the “National immigration and asylum strategy” (SNIA), adopted in 2013, one of whose objectives is to combat discrimination. The Government indicates that it has developed benefits to support the economic integration of migrants, particularly in the form of support from the National Agency for Employment and Skills Promotion (ANAPEC) for business partnerships and through the implementation of the Amuddu project, which seeks to improve the employability of migrants and refugees. The Government also refers to the legislative provisions prohibiting discrimination (sections 431-1 to 431-3 of the Penal Code and sections 12 and 494 of the Labour Code) and indicates that in 2021 the Public Prosecutor’s Office registered 859 complaints from migrants, 7 per cent of which resulted in prosecution, 32 per cent were archived and 57 per cent are being processed. While noting the information provided, the Committee observes that it does not cover public awareness-raising measures aimed at combating derogatory stereotypes of migrant workers. The Committee also notes that, in their concluding observations of 2023, the Committee on the Elimination of Racial Discrimination (CERD) expressed concern at reports of increasing racial and xenophobic hate speech, including on the Internet and social media, particularly towards migrants, refugees and asylum-seekers, especially those from sub-Saharan countries (CERD/C/MAR/CO/19-21, 21 December 2023, paragraph 17); and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed deep concern at reports of an increase in discriminatory speech and treatment towards immigrants from sub-Saharan African countries (CMW/C/MAR/CO/2, 23 May 2023, paragraph 26). The Committee therefore once again requests the Government to provide information on: (i) proactive measures taken to combat misleading propaganda relating to emigration and immigration among the general population, including through public awareness-raising programmes to combat derogatory stereotypes of migrant workers, and (ii) specific, up-to-date examples of penalties imposed and compensation granted to victims in any proven cases of ethnic and racial discrimination.

Article 5. Access to healthcare. The Committee notes the detailed information provided by the Government indicating that: (i) all foreign citizens, regardless of their legal status or age, are entitled to access to healthcare; (ii) the migration component has been incorporated into the information system of the Health Department, responsible for the implementation of the “National strategic plan for health and immigration (PSNSI) 2021–25”, which reflects the Government’s wish to provide a response to the specific health and social protection needs of immigrants; and (iii) in 2017, a total of 15,606 migrants and refugees residing on Moroccan territory had access to national programmes for public health and primary and emergency healthcare, as did 22,900 in 2018, 23,758 in 2019, 16,688 in 2020 and 13,536 in 2021. The Committee notes this information, which addresses its previous comment.

Article 6(1)(a)(ii). Equal treatment. Trade union rights. In the absence of a reply from the Government on this point, the Committee recalls that, under section 416 of the Labour Code, the members responsible for the administration and management of an occupational association must be of Moroccan nationality. As the Committee recalled in its previous comment, while it has acknowledged certain exceptions for legislation restricting the ability of migrant workers to take up trade union office, it has emphasized that migrant workers should be able to take up such office at least after a reasonable period of residence in the host country (General Survey of 2016, Promoting fair migration, paragraph 410). The Committee once again requests the Government to take steps to ensure that migrant workers are authorized to take up trade union office at least after a reasonable period of residence in the host country.

Access to accommodation. The Committee notes the Government’s indications concerning the measures taken in the context of the SNIA to promote access to accommodation for migrants and refugees, particularly the adoption of programmes providing for access to low-cost and social housing, and of the “Emergency housing programme”, which provides migrants and refugees in difficult situations with temporary and emergency housing. Under these programmes, between 2017 and 2019, a total of 380 migrants and 78 refugees benefited from temporary accommodation and 99 refugees with special needs were provided with longer-term housing. While noting this information, the Committee requests the Government to indicate how the national housing policy takes account of the accommodation needs of migrant workers and their families. It also once again requests the Government to provide information on the specific measures adopted to combat discrimination in access to decent accommodation against migrant workers, as well as statistical data on the number of cases that have resulted in complaints or have been detected by the authorities, and the response to these situations (including penalties imposed and compensation for the persons concerned).

Article 8. Right of residence in the event of incapacity for work.In the absence of a reply to its previous comment on this point, the Committee once again requests the Government to indicate whether migrant workers who have been admitted on a permanent basis and members of their families authorized to accompany or join them can continue to reside in Morocco in cases where the migrant workers concerned are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry.