Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. In its observation of 2003, the Committee noted a communication from the International Confederation of Free Trade Unions (ICFTU) alleging the existence of legal provisions restricting women’s employment directly and indirectly, inequalities between men and women in access to high-level posts in the public service, and serious breaches of the Labour Code in the textile exporting industry, where the great majority of employees are very young and illiterate women. In reply the Government stated that there were no discriminatory provisions in the national legislation, that all discrimination was expressly prohibited in the new Labour Code and that progress had recently been made in women’s access to posts of responsibility. So that it could make a fuller assessment regarding the ICFTU’s allegations, the Committee requested more detailed information on the distribution of men and women at the various levels of the public administration, working conditions in the textile exporting industry, restrictions imposed in law or in practice on women’s employment, and any difference in the treatment afforded to men and to women by the Family Code that might operate to women’s disadvantage in the labour market. It furthermore requested the Government to provide the text of the new Labour Code.

Legal reforms

2. The Committee notes with interest the adoption, on 16 January 2004, of the new Family Code, which ensures equal rights and responsibilities for men and women within the family and abolishes a number of restrictions in the old Moudawa (personal status code) that placed women at a disadvantage. According to the Government’s latest report, the Family Code marks a turning point in the history of Morocco, and was initiated by feminist circles and is well suited to Morocco’s political, legal, economic and social circumstances. In the Committee’s view, the new Family Code is an important step in the pursuit of equality between men and women in society, and creates a new environment which should be conducive to more rapid progress towards equal opportunity and treatment for men and women in employment.

3. The Committee notes with interest that section 9 of the new Labour Code Act No. 65-99 prohibits, as the Convention requires, all discrimination based on race, colour, sex, disability, marital status, religion, political opinion, trade union affiliation, national extraction or social origin, which results in a breach or distortion of the principle of equal opportunity and treatment in employment or occupation, including in hiring, the conduct and distribution of work, vocational training, wages, promotion, grant of social benefits, disciplinary measures and dismissal. Section 9 also lays down for women the right to conclude a work contract and the right, whether or not they are married, to join an occupational organization and to participate in its administration and management. The Committee further notes that section 40 of the Code treats sexual harassment as serious misconduct on the part of an employer or head of an enterprise.

4. The Committee further observes that the Penal Code, as amended in 2003, now contains several new provisions that impose penalties on all forms of discrimination and secure better protection for women, in particular against sexual harassment, and notes that the reform of the Commercial Code and the Dahir on obligations and contracts give women the right to hire out their services and to trade without their husbands’ consent.

Policies and practices

5. The Committee welcomes the major efforts the Government has made in recent years to create a legal framework for the elimination of discrimination against women and the promotion of equal opportunities and treatment, including in employment. It recalls, however, that legal texts alone are not sufficient to ensure that the Convention is fully applied. A whole set of practical measures is needed as well in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and work.

6. In this connection, the Committee notes that the fifth periodic report of Morocco on the application of the International Covenant on Civil and Political Rights (CCPR/C/MAR/2004/5) acknowledges that although there is wide-ranging legislation, disparities persist, including in employment, that are attributable to economic and geographical considerations and deep-seated traditions and customs within certain social milieux. The Committee requests the Government to indicate in its next report the measures that have been taken or are envisaged to encourage the necessary shift in the mentalities and conduct of men and women alike, and to promote understanding and acceptance of the principle of equality between men and women, in particular in work and employment.

7. A major obstacle to equality in practice is the rate of illiteracy among women which significantly limits their ability to assert the rights conferred on them by law. According to the abovementioned report on the application of the International Covenant on Civil and Political Rights, despite the Government’s efforts Moroccan society continues to be plagued by illiteracy, and illiterate women, who are predominantly from rural areas, account for 61.9 per cent of illiteracy nationwide. The Committee calls on the Government to persist with its measures to eradicate female illiteracy and to encourage girls and women to acquire education and training that will afford them access to employment on a par with men. It hopes that the Government’s next report will contain information on results obtained in this area.

8. The Committee notes that the last report does not contain the information it requested on the situation of women in the textile exporting industry. It notes, however, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100) that an ILO pilot programme to promote decent work in which the Ministry of Employment and of Social Partners is associated is currently under way in the textile and clothing sector. The executive summary of the programme reports a "decent work deficit", affecting women more particularly: their jobs are more precarious and their wages lower, and they are treated differently in terms of recognition of length of service. The action plan of the pilot programme includes the formulation of a sectoral action plan for the elimination of all forms of discrimination between women and men. The Committee requests the Government to provide information in its next report on any progress made through implementation of the pilot programme. Please also indicate supervisory measures and penalties applied to secure compliance with the laws and regulations on non-discrimination and women’s conditions of employment in enterprises in this sector.

9. The Committee notes that the report reproduces information already sent in the previous report concerning the appointment of a number of women to some of the highest ranking posts in the Administration. The Government also provided statistical tables on the numbers of the Administration staff disaggregated by sex, but no information or comments allowing the Committee to assess the extent of any progress. The Committee requests the Government to indicate in its next report whether it intends to implement a policy systematically to promote women to posts of responsibility in the public service and in jobs under Government control, possibly including performance targets and a monitoring mechanism.

10. The Committee notes that in October 2004 a Centre for information, documentation and studies on women was opened and that its purpose is to collect and process demographical and statistical data on the status of women, conduct surveys and studies on women and carry out training and continuous training programmes. The Committee hopes that the Centre will also be used for gathering and analysing statistical data on women’s employment, since such information is essential as a basis for defining policies to promote equality of opportunity and treatment such as the one mentioned above. It hopes that in its next report the Government will provide information on the Centre’s work on employment issues.

The Committee is raising other points in a request addressed directly to the Government.