回应部门: Consultant
Note: This response was originally submitted in French. Unofficial English translation provided by Business & Human Rights Resource Centre.
This response was provided as a reflection from the Moroccan Government.
贵国是否采取了一些您认为特别成功的行动来减少企业对人权的负面影响？请给出一个或多个实例。
- The development of Labour Code Law 65-99, which brings together all the legislative and regulatory texts governing labour relations.
Broad consultation was undertaken with trade unions and employers.
- Amendments to the draft law on Accidents at Work, 2014.
- Domestic Workers Bill.
- Circular limiting public procurement to temporary employment firms that fully comply with the laws in force.
NB: All the ILO conventions and recommendations have been taken into account.
贵国政府中哪个/哪些部门主要负责工商业与人权事务？
The Ministry of Employment and Social Affairs, the Ministry of Agriculture and Fisheries, the Ministry of Mining and the Interministerial Delegation for Human Rights.
NB: It is currently the National Human Rights Council that is trying to encourage the government to coordinate these initiatives.
2011年6月《联合国指导原则》获得通过后，贵国是否采取了新的工商业和人权举措或加强了已有举措？
Yes
您的政府采取行动后，对工商企业最大的五个人权影响是什么？
Types of company impacts prioritised:
- Health (including environmental health, workplace health and safety)
- Sexual harassment
- Other core labour rights (including freedom of association and trade union rights)
- Operations in conflict zones
- Impacts on children, including child labour
就健康问题采取行动
Example: Creation of the Institute for Occupational Health and Safety in Casablanca. Development of a framework law.
对性骚扰采取行动
The penal code criminalises sexual harassment in the workplace.
核心劳工权利的行动（包括结社自由）
Institutionalisation of dialogue between employers and trade unions.
在冲突地区采取行动
Consultation of civil society and elected representatives in southern Morocco prior to offshore prospection.
就儿童问题采取行动
Example: Development, in collaboration with UNICEF, of a National Plan to eradicate child labour.
贵国是否制定了联合国人权理事会和工商业与人权工作组所倡导的《国家工商业与人权行动计划》，或者是否打算这样做？
The government has yet to adopt the Action Plan, but the National Human Rights Council, as an independent institution, has led many initiatives to bring together firms, government departments and trade unions to discuss the issue.
A forum was held in 2013 on the topic of Business and Human Rights.
如果贵国已经制定国家行动计划或打算这么做，请重点说明这些举措是否参考国际人权标准，制定时是否与受影响的利益攸关者进行了磋商。
The preparatory work, which is ongoing under the auspices of the National Human Rights Council, wholly refers to the international standards and is being undertaken in consultation with affected stakeholders.
补救途径: 采取了哪些举措推出新的司法或行政性补救手段，或减少受害者使用现有补救手段时面临的障碍？
The Moroccan Labour Code stipulates that employees have the right to submit complaints to the Labour Inspectorate and, after the issue has been addressed with the employer, they have the right of appeal to the Provincial and National Commissions and, as a last resort, to the Courts of Justice.
您的政府采取了什么行动去改善非司法补救措施？
The social partners (management and labour) are calling for an evaluation of the role of Provincial and National Commissions.
补救途径: 针对总部设在贵国的企业及其附属机构，贵国是否采取措施加强对它们在海外人权影响的问责？如果是，请说明。
The few Moroccan firms operating in Africa have been made aware of the issue but not of any specific measures.
有什么因素阻碍您的政府就工商企业与人权采取行动？
Most important factors:
- Opposition by economic interest groups or business associations
- Lack of understanding or awareness of business & human rights in government
- Challenges of coordinating across government departments
Significant factor:
- Lack of resources for enforcement, monitoring and prosecution
Minor factor:
- Opposition or lack of consensus within government
- Other opposition by influential people or groups outside government
- Political limitations imposed by foreign governments or multilateral institutions
- Concern about deterring foreign investment
如果贵国希望获得支持，哪种形式的支持最能够帮助贵国推动改善公司对人权的影响？
Capacity-building, providing training and technical assistance, sharing knowledge and fostering cooperative learning with countries in the same situation.