BUSINESS & HUMAN RIGHTS "OUTCOME AND PROSPECTS"
NATIONAL HUMAN RIGHTS COUNCIL, MOROCCO
Observing the program of the International Coordinating Committee of National Institutions for the Protection and Promotion of Human Rights (ICC) on
business human rights;
Considering the UN Guiding Principles on Business and Human Rights which welcome “the important role of national human rights institutions … in relation
to business and human rights” and encourage them “to develop further their capacity to fulfil that role effectively”;
Taking into account the initiatives of the Moroccan social and economic stakeholders regarding Corporate Social Responsibility (CSR);
Being considered as a key stakeholder to initiate and host debate on business & human rights;
The National Human rights Council of the Kingdom of Morocco (CNDH) decided to broaden debate to the issues related to the protection and respect for
human rights in public and private business enterprises. Indeed, the Moroccan NHRI, with its new and broadened powers for the promotion and protection of
human rights, has initiated since 2008 a series of actions aimed at developing a strategy for the implementation of the UN Guiding Principles on Human
Rights in companies with the national stakeholders concerned.
1. CNDH’s actions
Since 2008, the CNDH has taken actions in the area of Corporate Social Responsibility and later in the area of Business & Human Right.
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In February 2008, the (former) Advisory Council on Human Rights organized an international symposium on the corporate responsibility and human
rights within the business enterprise in the French-speaking communities. This symposium was organized with the support of the Association
Francophone des Commissions Nationales des droits de l'Homme (AFCNDH) and the International Organisation of La Francophonie (OIF). It
clarified the role of NHRIs in the field and highlighted the need to set up a parallel legal framework for voluntary CSR initiatives.
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In December 2011, a mission report on the courses of action of the CNDH in the area of Business & Human Rights was drafted by Olivier Maurel,
professor and coordinator of the Afrique Responsable program. The report recommended "global coherence and multi-stakeholder dialogue".
The report also recommended the creation of a multi-stakeholder forum, in light of the conclusions of the 2008 symposium, to promote understanding
among the different stakeholders and create a favorable climate for dialogue to define and develop national priorities shared by all, or the majority of,
stakeholders.
2. National multi-stakeholder seminar, February 5th, 2013:
The CNDH decided to broaden the debate to include issues related to the protection and respect for human rights within public and private business
enterprises. Thus, it organized on February 5th, 2013 a national seminar on "Business & human Rights in Morocco".
a. Preparation process
The CNDH wanted to create a positive and constructive space for dialogue through a multi-stakeholder approach. The different stakeholders were involved
before, during and after the national seminar.
The Council organized a series of meetings to prepare for the seminar. Trade union federations, government representatives, national institutions for mediation
and human rights NGOs were all invited to take part in these meetings.
 Ten meetings were held with the main stakeholders concerned; with the association of Moroccan employers (Confederation Generale des Entreprises
du Maroc- CGEM) on November 1st, 2012, with the Moroccan trade union confederations (CDT, UMT UGTM UNMT, FDT) between the 11th and
the 21st of December 2012, and the Ministry of Employment and Vocational Training, on the 20th of December 2012.
 Three meetings open to all stakeholders concerned were held; the first on the 19th of November 2012, the second on the 27th of December 2012 and
the third on the 1st of January 2013. These meetings were attended by the representatives of the Ministry of Employment and Vocational Training, the
Ministry of Finance, the Ministry of Public Service, the Central Authority for the Prevention of Corruption, the Mediator (ombudsman), the
Competition Council, the Moroccan Association of Labour Inspectors, CGEM commissions (on ethics and good governance, corporate social
responsibility and labels, employment and social relations and on the big and small business partnership), the Hassania association of magistrates, the
Moroccan Organization for human Rights and ADALA (human rights association).
These meetings aimed to raise awareness on the UN Guiding Principles, exchange on how to implement the Principles’ Protect, Respect and Remedy
Framework, build a "safe space" for dialogue and define the role of each stakeholder in this project. Durant these meetings, stakeholders expressed their
support to this project and highlighted the need to establish a joint framework to work for its implementation. Concrete recommendations were made during
this process that led to the national seminar, on the 5th of February 2013.
b. Main conclusions of that national seminar
More than 200 participants representing government, national institutions of good governance, public and private business enterprises, social partners, NGOs
and associations, the media, academia and UN agencies in Morocco attended that national seminar, held on the 5th of February 2013.
Protection of human rights in businesses
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Morocco has ratified several UN and ILO conventions. It has not yet signed the ILO C087 - Freedom of Association and Protection of the Right to
Organise Convention.
Moroccan legislation and Moroccan policy have witnessed, over the last few years, a considerable evolution towards the recognition of human rights
in several areas including those related to businesses and enterprises.
There are however several flaws. These include failure to implement of labor legislation, predominance of the informal sector, absence of laws or mismatch
with international standards for some sectors and aspects of work (work from home, craftsmanship, agriculture, health and safety, freedom of association, the
right to strike, the right to work for persons with disabilities, etc.).
Remedies in case of negative impact on human rights
There are several courses for remedies in Morocco:
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The work inspectorates established by the Ministry of Employment at the local and national levels and within business enterprises; these mechanisms,
however, lack of resources and protection in order to accomplish their mission effectively.
There are courts that can hand individual disputes and there are administrative tribunals, but they do not have specific skills in this area.
The Mediator. This institution only handles cases related to public administration disputes.
The Central Authority for the Prevention of Corruption, and the Competition Council. These are new constitutional institutions that have only an
advisory role, pending the adoption of their new statutes.
The CGEM and trade unions signed a "social pact for sustainable competitiveness and decent work". They developed a partnership to establish a preconflict mediation mechanism with their social partners.
Trade unions have business-dedicated mechanisms, but representation within these mechanisms varies from one sector to another. Despite the
evolution of union activity in Morocco, they remain much apprehended by companies.
Human rights associations and NGOs have just started showing interest in this regard.
Respect of human rights by the business enterprise
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Some good CSR initiatives developed by labeled business enterprises deserve to be known and copied.
Professional associations created by of business managers, human resource directors and members of governance bodies (Association des
Gestionnaires et des Formateurs (Association of Managers and Trainers), Institut Marocains de l’Audit Social (Moroccan Institute of Social Audit),
Association Marocaine de la Qualité (Moroccan Quality Association), le Centre des Jeunes Dirigeants (Center of Young Leaders), Institut Marocain
de la Qualité (Moroccan Quality Institute), Association marocaine des Inspecteurs de Travail(Moroccan Association of Labour Inspectors)), conduct
a series of promotion activities and continuing training on human rights.
Some universities and business schools have integrated modules on CSR in their curricula.
c. Main recommendations of the (said) national seminar:
In the light of the conclusions of the seminar, the CNDH has identified several courses of action to protect and promote human rights within business
enterprises. The main courses include but not limited to the following:
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Giving priority to the rights of the child and persons with disabilities and to issues related to discrimination against women.
Cooperating with human rights international mechanisms in the field and share best practices among the networks of NHRIs.
Advocating for the ratification of the main international instruments for the protection of human rights.
Encouraging the harmonization of Moroccan legislation in accordance with the Constitution and with the international conventions ratified by
Morocco on the following areas: the fight against all forms of discrimination against women, the fight against child labor and the protection of the
rights of people with disabilities.
Encouraging business enterprises to include human rights issues in their management strategies through the existing mechanisms within these
enterprises and through simple adapted tools.
Encouraging human rights training for managers in management universities and schools.
3. CNDH 2013-2015 Strategy on Business and Human Rights:
Following this seminar, CNDH identified three areas of intervention:
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The fight against all forms of discrimination against women
The banning of the worst forms of child labor
The professional integration of persons with disabilities
The CNDH outlined the following strategy:
General Objective: Establish the “protect-respect-redress" framework on corporate social responsibility in Moroccan company and its stakeholders.
Objective 1: Encourage the Moroccan State to
fulfill its obligations and improve its framework in
terms of group rights and labor law.
Result 1.1: Reports on the harmonization of laws and policies with international standards on labor law
and the rights of women, children and persons with disabilities are developed.
Result 1.2: Consultations on the draft laws on working conditions are submitted to legislative bodies.
Objective 2: Encourage Moroccan companies to
respect group rights and promote diversity
including in their supply chain.
Result 2.1: An annual multi-stakeholder dialogue on human rights trends in businesses is established.
Result 2.2: A corporate policy on the respect for women’s rights, fight against child labor, inclusion of
persons with disabilities and promotion of diversity is developed and disseminated within businesses.
Result 2.3: The capacity of stakeholders (trade unions, professional associations, management schools
of higher education) on the respect and protection of human rights in businesses is reinforced.
Objective 3: Encourage access to redress for
victims of human rights violations committed by
Moroccan businesses
Result 3.1: Procedures for monitoring and reporting on the rights of women, children and persons with
disabilities in businesses are developed.
Result 3.2: The state of violations of human rights of women, children and persons with disabilities by
sector is made available.
Forecast Activities:
A1.1.1: Publish and examine the progress and limitations of the harmonization of Morocco’s laws and policies with the standards of fundamental labor rights.
A1.1.2: Elaborate three diagnosis reports (laws, policies, types of violations) on the rights of women, children and persons with disabilities at the work place.
A1.1.3: Elaborate and implement a lobbying and mobilization plan based on the consultations and reports prepared.
A 2.1.1: Organize a multi-annual forum on business and human rights with the aim to evaluate the relevant status and capitalize on good practices.
A 2.1.2: Educate on business and human rights through participation in partner professional associations.
A 2.1.3: Elaborate tools (charter, guide, documentary film) on the integration of human rights principles, including the rights of women, children and
disabled persons, in the managerial business strategy.
A2.3.1: Develop a pedagogical module for training of trainers on business and human rights.
A2.3.2: Train trainers (associations for corporations and teachers, unions, associations of labor inspectors) on business and human rights.
A3.1.1: Develop procedures for handling complaints and monitoring allegations of human rights violations in the workplace.
A3.2.1: Mobilize and train 13 regional human rights commissions on techniques to monitor and report on violations related to corporate activities.
4. Actions taken after the seminar of 5 February 2013 and prospects:
Cooperation with international mechanisms:
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Membership to the Moroccan National Contact Point of OECD, whose focal point is the Moroccan Agency for Development and Investment.
Participation in international events, mainly:
 The parallel session to 26th session of the ICC on 8 May 2013 at the United Nations;
 The study by the African Network of National Human Rights Institutions (NANHRI) on the role of African NHRIs on BHR conducted in
October 2013.
Harmonization of national laws with international standards:
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CNDH supported the request of the Moroccan Workers Union (UMT) concerning the enactment of Article 288 of the Penal Code on the right to
strike.
Presentation of the CNDH opinion to the House of Representatives on the bill on domestic workers.
Promotion of Human Rights in the company:
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CNDH held a dozen of consultative meetings with the employer organizations, the Moroccan Institute for Social Audit (IMAS), the Association of
Managers and Trainers (AGEF), the Moroccan Institute of Directors (IMA), the Moroccan Association of Labor Inspectors (AMIT) and the Faculty of
Economics of Ain Sebaa between April and June 2013.
A partnership agreement was signed with the AGEF on 30 May 2013 on the promotion of human rights in businesses through training of trainers,
human resources managers and integration of human rights in continuous training modules.
An agreement was signed with the IMAS on 31 October 2013, which aims to develop a normative framework of social reporting and integrate human
rights in the social audit criteria.
A meeting was held with the Ministry of Crafts on how to collaborate in the abolition of child labor.
5. Outlook for planned activities for 2014:
At the international level:
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Participate in the conference of NANHRI on business and human rights from 27 to 28 November 2013.
Participate in the UN 2nd Annual Forum in Geneva on Business and Human Rights.
Harmonization of legislation:
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Publish a study on the progress and limitations of the harmonization of Morocco’s laws and policies with the standards of basic labor rights
(comments were sent to the author).
Develop two reports on the situation of women’s rights in agriculture and the right to employment to persons with disabilities (ToR phase).
Promotion of human rights in the company:
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At the request of the RAM, the Moroccan airliner, CNDH will develop a tailored training program for RAM staff on non-discrimination (methodology
development phase).
Establish a committee (CGEM, AGEF, university, CNDH), which will work on tools adapted to Moroccan businesses and a regional business
advocacy program.
Schedule training for unions and labor inspectors on issues of non-discrimination.
Develop partnership with the Ministry of Crafts on the fight against child labor.