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

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication in its report, in response to its previous comment, that the Labour Code provides that sexual harassment committed by the employer, or the head of the enterprise or of the workplace, against an employee is a serious offence, and that the employee’s departure from the enterprise on these grounds amounts to unfair dismissal (section 40 of the Labour Code). The Government also reports that the reform of the Labour Code and the revision of the General Public Service Regulations are included in the points in the social agreement concluded between the Government and the social partners on 30 April 2022, and that discussions concerning the inclusion of provisions to define and prohibit sexual harassment will be held in this context. The Committee notes once again that, according to sections 503-1-1 and 503-1-2 of the Penal Code, the perpetrator “must persist with the harassment”, for sexual harassment to be established. In this regard, the Committee highlights that the term “harassment” covers behaviour and practices that may occur only once (such as unwanted touching (hostile work environment) or blackmail (quid pro quo sexual harassment)). Legal frameworks that only prohibit repeated acts of sexual harassment could have the effect of limiting the protection afforded to workers. In addition, legal provisions on sexual harassment must cover harassment perpetrated by a person in a position of authority, a co-worker, a subordinate or a person with whom workers have contact as part of their job (clients, suppliers and so forth) (General Survey of 2012 on the fundamental Conventions, paragraph 789, and the General Survey of 2023 on achieving gender equality at work, paragraphs 115 and 116). With regard to awareness-raising activities carried out, the Government indicates that it has also signed an agreement protocol with the General Confederation of Enterprises of Morocco (CGEM) and the National Union of Women of Morocco (UNFM) to put in place prevention and care initiatives for women victims of violence and harassment in the workplace, as well as a protocol with UN-Women Morocco providing for a study to be conducted into violence and harassment in the workplace, and guidelines to be developed for labour inspectors. The Committee also notes that following the entry into force of Act No. 103.13 on combating violence against women (enacted through Dahir No.1.18.19 of 22 February 2018), the National Observatory on Violence against Women (ONVEF) was replaced by the National Commission for Assistance for Women Victims of Violence (CNPEVFVV) and local and regional coordination mechanisms were established, with similar functions to the ONVEF. Since its establishment, the CNPEVFVV has worked to set up the local and regional committees, and to strengthen their members’ capacities. The Committee requests the Government to examine the possibility of amending its criminal legislation on sexual harassment to also cover behaviour that is not necessarily repeated. It also once again requests the Government to consider the possibility of including provisions in the labour and public service legislation to define and prohibit all forms of sexual harassment (both quid pro quo sexual harassment and hostile work environment sexual harassment), and to cover all persons with whom the workers have contact as part of their job. It requests the Government to provide detailed information on the specific activities of the National Committee for Assistance for Women Victims of Violence (CNPEVFVV) and the local and regional committees concerning harassment in the workplace, as well as information on the number of cases reported to the labour inspectors and/or the judicial authorities, and on the follow-up given to these reports (including information on the sanctions imposed and reparations granted).

Article 1. Protection against discrimination. Domestic workers. The Committee once again notes that although Act No. 19-12 establishing the conditions of work and employment of domestic workers imposes on the employer a general obligation of prevention with regard to the safety, health and dignity of domestic these workers (section 12), it still does not explicitly prohibit discrimination, including sexual harassment, against those workers. The Committee notes the Government’s indication that, as part of the coordination between the Public Prosecutor’s Office and labour inspectors, provincial and regional committees have been set up to ensure monitoring of the situation of domestic workers, and that prevention campaigns are being led by partner associations working against child domestic labour. The Committee once again requests the Government to take steps to: (i) ensure that domestic workers are protected in law and practice against any form of discrimination (including sexual harassment); and (ii) inform domestic workers and their employers of their rights and obligations under the law. The Committee also requests the Government to provide information on the activities of the provincial and regional committees responsible for monitoring the situation of domestic workers, and on the establishment and operation of the mechanisms for dispute resolution between employers and domestic workers, particularly data on the nature and outcome of cases of discrimination dealt with by these mechanisms.

Article 2. Equality of opportunity and treatment in relation to ethnic origin. Further to its previous comment, the Committee notes the general information provided by the Government concerning efforts made to promote the use of the Amazigh language in education, the media, and the regional and central ministerial services. It nevertheless notes that, in its 2023 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD), while taking note of measures taken to improve the living conditions of the Amazigh population, was concerned about the lack of statistics regarding representation of the Amazigh, in particular Amazigh women, especially in decision-making positions; and about poverty, which particularly affects regions inhabited primarily by the Amazigh, and the persistence of racial discrimination against them, including in access to employment, education and health services, especially when they do not express themselves in Arabic. More generally, CERD also noted with concern that some communities, in particular the Amazigh, Saharans and black citizens and non-citizens, especially migrants, asylum-seekers and refugees from sub-Saharan countries, face situations of racial discrimination, including indirect discrimination, which limits the full enjoyment of their rights on an equal footing and without discrimination (CERD/C/MAR/CO/19-21, 21 December 2023, paragraphs 21 and 23). The Committee therefore requests the Government to provide: (i) information on the results achieved in improving access for these populations to education, training and employment in the public and private sectors; (ii) 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 (iii) statistics (disaggregated by sex) illustrating the participation of ethnic minorities in the labour market, including at different levels of the public service.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that, in response to its request on this matter, the Government indicates that enterprises with the “Socially Responsible Enterprise” label of the General Confederation of Enterprises of Morocco (CGEM) commit to combating discrimination and to promoting equality through the adoption of codes of ethics, and complaints and penalties procedures in the case of harassment at work. The CGEM has also undertaken training and awareness raising on these topics. The workers’ representatives have also formed a coalition aimed at the ratification of the Violence and Harassment Convention, 2019 (No. 190), as part of which a workers’ training programme on these topics has been established. The Committee requests the Government to provide information on other measures adopted with a view to obtaining cooperation with the employers’ and workers’ organizations to combat discrimination and promote equality, and particularly on these organizations’ activities regarding non-discrimination and equality in employment and occupation, related not only to sexual harassment but also to other issues (such as access to employment, equality of opportunity and combating racial discrimination).

Labour inspection and statistics. The Committee notes the Government’s information that the labour inspectors ensure enforcement of the labour legislation on equality and non-discrimination, and raise awareness of the employers on these issues. Between January and August 2023, labour inspectors carried out 31,134 inspections, further to which 257, 813 notices were issued, 1,033 of which concerned working conditions of women. The Committee also notes the statistics of the Annual Employment Survey of the High Commissioner for the 2021–2022 Plan, showing that activity rates fell by 1.1 points for women, measuring in at 19.8 per cent; and by 0.8 points for men, measuring in at 69.6 per cent. The employment rate fell by one point for women and by 0.3 points for men. The Committee notes that these figures show that the rate of employment and occupation for women fell more sharply than for men over the same period. The Committee requests the Government to specify the number of notices issued by labour inspectors on non-compliance with the legislative provisions concerning non-discrimination and equality in employment and occupation, and the discrimination criteria covered (race, colour, sex, religion, political opinion, national extraction or social origin, and so forth); and information on the follow-up given to these notices (corrective administrative measures, penalties and so forth). It also requests the Government to provide information on the measures taken to promote women’s employment and occupation, as well as detailed statistical information on the participation of women and men in the labour market, disaggregated by sex, job grade and economic sector, in order to be able to examine the degree of horizontal and vertical occupational segregation in the public and private sectors.