Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C111

Observation

Demande directe

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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”.