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.