回應部門: 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.
貴國是否採取了一些您認為特別成功的行動來減少企業對人權的負面影響？請給出一個或多個實例。
- 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.
貴國政府中哪個/哪些部門主要負責工商業與人權事務？
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《聯合國指導原則》獲得通過後，貴國是否採取了新的工商業和人權舉措或加強了已有舉措？
Yes
您的政府採取行動後，對工商企業最大的五個人權影響是什麼？
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
就健康問題採取行動
Example: Creation of the Institute for Occupational Health and Safety in Casablanca. Development of a framework law.
對性騷擾採取行動
The penal code criminalises sexual harassment in the workplace.
核心勞工權利的行動（包括結社自由）
Institutionalisation of dialogue between employers and trade unions.
在衝突地區採取行動
Consultation of civil society and elected representatives in southern Morocco prior to offshore prospection.
就兒童問題採取行動
Example: Development, in collaboration with UNICEF, of a National Plan to eradicate child labour.
貴國是否制定了聯合國人權理事會和工商業與人權工作組所倡導的《國家工商業與人權行動計劃》，或者是否打算這樣做？
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.
如果貴國已經制定國家行動計劃或打算這麼做，請重點說明這些舉措是否參考國際人權標準，制定時是否與受影響的利益攸關者進行了磋商。
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.
補救途徑: 採取了哪些舉措推出新的司法或行政性補救手段，或減少受害者使用現有補救手段時面臨的障礙？
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.
您的政府採取了什麼行動去改善非司法補救措施？
The social partners (management and labour) are calling for an evaluation of the role of Provincial and National Commissions.
補救途徑: 針對總部設在貴國的企業及其附屬機構，貴國是否採取措施加強對它們在海外人權影響的問責？如果是，請說明。
The few Moroccan firms operating in Africa have been made aware of the issue but not of any specific measures.
有什麼因素阻礙您的政府就工商企業與人權採取行動？
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
如果貴國希望獲得支持，哪種形式的支持最能夠幫助貴國推動改善公司對人權的影響？
Capacity-building, providing training and technical assistance, sharing knowledge and fostering cooperative learning with countries in the same situation.