Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C097

Direct Request

2022

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Article 3 of the Convention. Combating misleading propaganda. The Committee notes the indications in the Government’s report that the Labour Code regulates the activities of private recruitment agencies (sections 475 to 495 of the Labour Code) and sets out the obligation for those responsible for publishing job vacancies (newspapers, magazines or other publishing bodies) to, upon request, provide the competent authorities with the contact details of the authors of such advertisements (section 491 of the Labour Code). The Committee also notes that the Government disseminates detailed information to migrant workers, including through the website of the Ministry of Economic Inclusion, Small Enterprises, Employment and Skills (MIEPEEC). The Committee nevertheless recalls that in addition to measures taken to prevent the circulation of false information to migrant workers, efforts against misleading propaganda should also be aimed at the national population (for example by combating the spread of stereotypes of migrants as being more susceptible to crime, violence, drug abuse and sickness) (see the 2016 General Survey on promoting fair migration, paragraphs 294 and 627). In this regard, the Committee notes that in her 2019 report on her mission to Morocco, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance refers to reports, especially from migrants and refugees of black, sub-Saharan origin, of incidents of racist and xenophobic stereotyping when accessing health care, housing, education and employment, and in other settings. (A/HRC/41/54/Add.1, 28 May 2019, paragraph 48). In its reply, the Government emphasizes that the Constitution provides that foreign nationals shall enjoy the fundamental freedoms recognized for Moroccan citizens, in accordance with the law, and that ethnic and racial discrimination constitutes a criminal offence (section 431(1) to (5) of the Criminal Code) (A/HRC/41/54/Add.3, 4 July 2019, paragraph 55). The Committee also notes that, according to the preamble to the Constitution, the Kingdom of Morocco undertakes to ban and combat all discrimination against any person on the grounds of sex, colour, beliefs, culture, social or regional origin, language, and so forth. While noting the legislative and constitutional provisions listed above, the Committee 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 examples of penalties imposed and reparations granted to victims in any cases of ethnic and racial discrimination found.

Article 5. Access to healthcare. The Committee notes the Government’s indication that specific objectives were set in the national immigration and asylum strategy adopted in 2013, to ensure that migrant workers have access to healthcare under the same conditions as Moroccans, such as by including them in the programme of medical coverage for those living in poverty, raising the awareness of medical professionals about their treatment, and designing a reference framework for more effective interventions by healthcare-related associations. The Committee notes, however, that difficulties for migrants in accessing healthcare, including for pregnant women, have been reported to the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/HRC/41/54/Add.1, 28 May 2019, paragraphs 48 and 49). In its reply to the Special Rapporteur, the Government highlights the adoption of measures to promote migrants’ access to healthcare within the framework of the national strategic plan on health and immigration (PSNSI 2021-2025, Pillar 3, measure 7), one of the objectives of which is to strengthen reproductive and sexual healthcare services and, in particular, monitoring of pregnancy and childbirth for migrant women (A/HRC/41/54/Add.3, 4 July 2019, paragraph 38). While noting the measures adopted by the Government to improve access to healthcare for migrant workers in practice, the Committee requests the Government to provide statistical data on the access of migrant workers to healthcare services, and information on the development of healthcare services adapted to the specific needs of migrant women and on oversight of the implementation of the PSNSI 2021-25.)

Article 6(1)(a)(ii). Equal treatment. Trade union rights. The Committee notes 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.In this regard, the Committee recalls that while it has acknowledged in some cases 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 trade union office at least after a reasonable period of residence in the host country. (2016 General Survey, paragraph 410). The Committee therefore requests the Government to take measures to ensure that migrant workers are authorized to take up trade union office after a reasonable period of residence in the host country.

Access to housing. The Committee notes the Government’s indication that section 9 of the Labour Code prohibits all forms of discrimination against employees on the grounds of race, colour, sex, disability, marital status, religion, political opinion, trade union membership, national extraction or social origin, which have the effect of violating or altering the principle of equality of opportunity and treatment in employment or when carrying out an occupation. With regard to housing, the Committee notes however that, according to the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, finding affordable secure and stable housing remains challenging for many persons of sub-Saharan origin, because landlords refuse them rentals (A/HRC/41/54/Add.1, 28 May 2019, paragraphs 48 and 49). In its reply, the Government states that the competent authorities have initiated options for access for migrants to social housing programmes (purchase of housing on credit) and the development of guidelines for emergency housing for migrants in vulnerable situations (A/HRC/41/54/Add.3, 4 July 2019, paragraph 37). In this regard, the Committee refers to the Workers’ Housing Recommendation, 1961 (No. 115), which may be of relevance to migrant workers, and under which it should be an objective of national housing policy to promote the construction of housing and related community facilities with a view to ensuring that adequate and decent housing is made available to all workers and their families (2016 General Survey, paragraph 419). The Committee requests the Government to provide detailed information on access to housing for migrant workers in practice (particularly statistical data) and to specify how the national housing policy takes account of the housing needs of migrant workers and their families. It also requests the Government to provide information on the specific measures adopted to combat discrimination in access to decent housing 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 treatment of these situations (penalties imposed, reparations for the persons concerned, and so forth).

Article 8. Right of residence in case of incapacity for work. The Committee notes that the Government does not specify in its report whether migrant workers and members of their families retain their right of residence in Morocco in the case of incapacity for work. It also notes that neither Act No. 02-03 on the entry and stay of foreigners nor its implementing decree (Decree No. 2-09-607) cover this issue. The Committee requests the Government to indicate whether migrant workers and members of their families authorized to reside in Morocco can continue to reside in the country when the migrant worker is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.