1. The Committee on Economic, Social and Cultural Rights considered
the second periodic report of Morocco on the implementation of the
International Covenant on Economic, Social and Cultural Rights (E/1990/6/Add.20)
at its 70th, 71st and 72nd meetings, held on 22 and 23 November 2000,
and adopted, at its 82nd meeting, held on 30 November 2000, the following
concluding observations.
A. Introduction
2. The Committee welcomes the submission of the second periodic report
of Morocco, prepared in general in conformity with the revised reporting
guidelines established by the Committee, and welcomes the written
replies to its list of issues.
3. The Committee
appreciates the candid and constructive dialogue with the delegation,
which consisted of experts in the field, and its readiness to reply
to additional questions and to furnish additional information whenever
available. The Committee, however, regrets that the delegation was
unable to provide an adequate response, in particular statistical
information, to some specific questions in the list of issues, as
well as to follow-up questions during the dialogue. The Committee
notes the State party's indication that replies to the questions which
were not adequately answered during the dialogue would be made available
as early as possible.
B. Positive aspects
4. The Committee welcomes the initiative taken by King Mohammed VI
and his new Government to further the development of a human rights
culture in Morocco and notes with satisfaction the establishment of
the Ministry for Human Rights. In addition, the Committee welcomes
the efforts of the State party to implement its obligations under
international human rights instruments in general, and under the International
Covenant on Economic, Social and Cultural Rights in particular.
5. The Committee
notes with satisfaction the establishment of a national human rights
institution and the intention of the State party to set up an Office
of a National Ombudsman.
6. The Committee
appreciates that, following the Beijing Fourth World Conference on
Women, the State party introduced a national strategy for the advancement
of women in 1997, and that an Action Plan for Integrating Women into
Development has been adopted.
7. The Committee
notes with satisfaction the efforts by the State party with respect
to the information campaign to disseminate information on international
human rights instruments among the judiciary.
8. The Committee
notes with interest the efforts being made by the State party to deal
with the debt burden, such as bilateral debt conversions with certain
donor countries.
C. Factors and difficulties impeding the implementation of the
Covenant
9. The Committee notes that the persistence of traditional practices
and attitudes, deeply entrenched in Moroccan society, with regard
to women and children hamper the ability of the State party to protect
and promote their economic, social and cultural rights.
10. The Committee
also notes the difficulties faced by the State party in complying
with its debt servicing obligations which take up a considerable percentage
of gross national product, thus impeding the State party's ability
to comply with its obligations under the Covenant.
D. Principal subjects of concern
11. The Committee expresses its concern that the State party has not
provided any information on the measures taken by the State party
with regard to the suggestions and recommendations made by the Committee
on Morocco's initial report in 1994 (see E/C.12/1994/5), nor on the
results of these measures. Many of the issues referred to in the concluding
observations of 1994 remain subjects of concern in the present concluding
observations.
12. The Committee
is concerned that no legislative, judicial and administrative measures
have yet been adopted by the State party to give effect to many of
the provisions of the Covenant.
13. With
regard to the situation in the Western Sahara, the Committee regrets
that there has not been a definite solution to the question of self-determination.
14. The Committee
is concerned that the State party has not yet formulated a comprehensive
plan of action on human rights in accordance with paragraph 71 of
the 1993 Vienna Declaration and Programme of Action.
15. The Committee
regrets that the State party does not take its obligations under the
Covenant into consideration in its negotiations with international
financial institutions.
16. Despite
the measures taken by the State party to advance the status of women
in Moroccan society, the Committee is concerned that there are still
persisting patterns of discrimination against women in national legislation,
particularly in family and personal status law, as well as inheritance
law.
17. The Committee
regrets the continuing delays with regard to the adoption of a new
labour code, aiming at the unification of existing labour legislation,
which was already referred to by the Committee in its concluding observations
of 1994. Moreover, the Committee is concerned that certain issues
contained in the draft labour code, such as the minimum age for labour
and conditions of child labour, are not in conformity with the relevant
ILO Conventions (Nos. 138 and 182 respectively), which the State party
has not yet ratified.
18. The Committee
expresses its concern that the minimum wage in Morocco is not sufficient
to allow workers to maintain an adequate standard of living for themselves
and their families. Moreover, no adequate reason was given for the
considerable discrepancy between the minimum wage of industrial workers
and that of agricultural workers.
19. The Committee
is concerned that the State party did not provide sufficient information
regarding (a) the number of accidents, including those causing serious
injury or death, occurring in the workplace and (b) the legislative
and administrative measures in place to prevent the occurrence of
such accidents.
20. The Committee
expresses its concern that the State party does not provide for appropriately
severe and enforceable penalties to ensure that employers, especially
in the handicraft and light industries, are prevented from resorting
to child labour under the legal minimum working age.
21. The Committee
is also concerned that there is no legislation in place which affords
protection to those who are employed as domestic workers, especially
young girls, who are ill-treated and exploited by their employers.
22. The Committee
is concerned about the continuing restrictions on the right to strike
as laid down in article 8 of the Covenant, particularly under article
288 of the State party's Penal Code. The Committee regrets that the
State party has not yet ratified ILO Convention No. 87 on the freedom
of association and protection of the right to organize.
23. The Committee
notes with concern the persistent discrimination against children
born out of wedlock, who are frequently abandoned by their parents,
and their lack of legal protection with regard to personal status
and family law.
24. The Committee
is concerned about the large number of children who live in the streets,
of whom 22 per cent are under the age of five.
25. The Committee
expresses its concern about the high percentage of people living below
the poverty line in Morocco, especially in rural areas.
26. The Committee
is concerned about the disparities in the standard of living between
rural and urban areas, insofar as the former have considerably less
access to clean drinking water, sanitary facilities and electricity.
27. The Committee
also expresses its concern about the lack of affordable social housing
in Morocco. In addition, the Committee regrets that the State party
has not provided adequate information, including statistical data,
on the incidence of homelessness and forced eviction, taking into
account the Committee's General Comment No. 7 on forced evictions.
28. The Committee
regrets that the State party has not adopted a national strategy and
action plan on health, and that health coverage provided by the State
party does not cover more than 20 per cent of the population. Moreover,
the Committee is concerned that access to primary health care in rural
areas is even more limited, in comparison to the urban areas.
29. The Committee
expresses its concern about the high rate of maternal and infant mortality
in Morocco.
30. The Committee
is concerned that the State party does not exercise sufficient control,
by means of legislative and administrative measures, over factories
manufacturing foodstuffs which do not conform to international standards
and cause death or constitute a health hazard to the population of
Morocco.
31. The Committee
expresses its concern about the high rate of illiteracy in the State
party, especially among women in rural areas.
32. The Committee
is deeply concerned about the low level of primary school attendance.
Currently less than 50 per cent of children of both sexes are being
regularly educated. In addition, the Committee is also concerned that
the access of young girls to education is considerably more limited,
particularly in the rural areas, which accounts for the fact that
the adult illiteracy rate is 65 per cent for women, as against 40
per cent for men.
33. The Committee
regrets that the State party has not provided adequate information
on the enjoyment of the right of minorities, such as the Amazigh people,
to participate in cultural life in Morocco.
E. Suggestions and recommendations
34. The Committee urges the State party to adopt legislative and other
measures to give effect to all the provisions of the Covenant.
35. The Committee
encourages the State party to seek a solution, in cooperation with
the United Nations, to the problems impeding the realization of the
referendum on the issue of self-determination in Western Sahara.
36. The State
party is urged to formulate and implement a comprehensive national
plan of action for the protection and promotion of human rights, as
recommended in paragraph 71 of the Vienna Declaration and Programme
of Action of 1993, and to include information on this matter in the
next periodic report.
37. The Committee
encourages the State party to ensure that the Office of the National
Ombudsman, which is to be established shortly, functions in conformity
with the Paris Principles of 1991. The Committee looks forward to
receiving information on the results of these efforts in the next
periodic report.
38. The Committee
strongly recommends that Morocco's obligations under the Covenant
be taken into account in all aspects of its negotiations with international
financial institutions, like the International Monetary Fund, the
World Bank and the World Trade Organization, to ensure that economic,
social and cultural rights, particularly of the most vulnerable groups
of society, are not undermined.
39. The Committee
reiterates its recommendation in paragraph 19 of its concluding observations
of 1994 (E/C.12/1994/5), that the State party needs to adopt further
measures to provide adequate safety nets for the vulnerable sectors
of society affected by structural adjustment programmes.
40. The Committee
strongly recommends that the State party proceed as expeditiously
as possible with the adoption and full implementation of the Action
Plan for Integrating Women into Development. In particular, the Committee
urges the State party to amend existing legislation that institutionalizes
discrimination against women, such as provisions of family, inheritance
and personal status law, with a view to strengthening the legal status
of women.
41. The Committee
urges the State party to adopt the draft labour code and to ensure
that the provisions thereof are in conformity with articles 6, 7 and
8 of the Covenant, as well as with the relevant ILO conventions to
which Morocco is party. In this regard, the State party is strongly
encouraged to ratify ILO Conventions Nos. 87 (on trade unions), 138
(on minimum age), 169 (on indigenous and tribal peoples) and 12 (on
the worst forms of child labour).
42. The Committee
recommends that the State party undertake measures to eliminate the
existing significant disparity in the minimum wage afforded to the
various categories of workers, particularly industrial and agricultural
workers. In addition, the Committee strongly recommends that the minimum
wage be established at a level that will better ensure an adequate
standard of living for workers and their families, in accordance with
article 7 of the Covenant.
43. The Committee
requests the State party to provide in its next periodic report detailed
information regarding (a) the incidence of accidents in the workplace
and (b) all the measures taken by the State party to prevent their
occurrence.
44. The Committee
urges the State party to take remedial action, including the imposition
of appropriately severe penalties, in order to ensure that employers,
especially in the handicraft and light industries, are prevented from
resorting to child labour under the legal minimum working age. In
addition, the Committee urges that the State party raise the minimum
working age from 12 to 15 years, in accordance with ILO standards
(Convention No. 138).
45. The Committee
also urges the State party to adopt legislation immediately in order
to protect minors who are employed as domestic workers, especially
young girls, from being exploited by their employers.
46. The Committee
recommends that the State party undertake measures to eliminate excessive
restrictions on the right to strike, in particular article 288 of
the State party's Penal Code, which criminalizes certain forms of
strike.
47. The Committee
reiterates its recommendation in paragraph 23 of its concluding observations
of 1994 (E/C.12/1994/5) that the State party take legislative and
other measures to eliminate discrimination and ensure effective protection
against discrimination with regard to children born out of wedlock.
48. The Committee
also strongly recommends that the State party address the problem
of street children and children born out of wedlock who are abandoned
by their parents.
49. The Committee
urges the State party to intensify its efforts to address the problem
of poverty, especially in the rural areas.
50. The Committee
reiterates the recommendation it made in 1994 (E/C.12/1994/5, para.
18), which strongly encourages the State party to take measures to
reduce the disparities that exist between the rural and urban areas,
inter alia, by improving access to water, electricity and sanitary
facilities in the rural areas.
51. The Committee
recommends that the State party intensify its efforts to improve the
housing situation in Morocco, particularly by providing affordable
social housing. The Committee also requests that the State party provide,
in its next periodic report, detailed information, including statistical
data, on the incidence of homelessness and forced eviction in Morocco,
on the measures taken by the State party to address these issues,
as well as on the results of these measures.
52. The Committee
also recommends that the State party adopt a national strategy and
action plan on health which will increase the health coverage provided
by the State party, in particular with regard to the rural areas.
53. The Committee
urges the State party to take all necessary measures in order to address
the problem of the high rate of maternal and infant mortality in Morocco.
54. The Committee
also urges the State party to take the appropriate legislative and
administrative measures to ensure that sufficient control is exercised
on factories manufacturing foodstuffs so that the products manufactured
conform to international standards and do not constitute any health
hazard.
55. The Committee
strongly urges the State party to ensure access to free and compulsory
primary education for all, especially for women and girl children,
and particularly in the rural areas, taking into consideration the
Committee's General Comments Nos. 11 and 13 on the right to education,
including primary education. In addition, the Committee requests that
information be included in the next periodic report on government
subsidies to private higher education and on education programmes
for nomadic peoples, on measures taken by the State party in this
respect and on the results of these measures.
56. The Committee
urges the State party to take remedial action to address the persistent
problem of the high rate of illiteracy, particularly among women in
rural areas.
57. The Committee
requests more detailed information, including statistical data, on
the enjoyment of the rights contained in the Covenant by the Amazigh
people, including their right to participate in cultural life in Moroccan
society, as well as to use their own language.
58. The Committee
strongly recommends that the State party avail itself of technical
assistance offered by the Office of the United Nations High Commissioner
for Human Rights and the relevant United Nations specialized agencies
and programmes in its efforts to realize economic social and cultural
rights, in compliance with its international legal obligations under
the Covenant.
59. The Committee
has decided that the third periodic report of Morocco is to be submitted
by 30 June 2004, and that it should include information on the steps
undertaken by the State party with regard to the suggestions and recommendations
contained in the present concluding observations.
60. The Committee
requests the State party to disseminate the concluding observations
as widely as possible among its citizens at all levels of society.