Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative welcomed the fact that the discussion of the application of the Convention offered the opportunity to present the key aspects of the strategy developed by the Government to combat the worst forms of child labour. In the first place, reference should be made to the adoption in March 2006 of the National Action Plan for Children (PANE) 2006–15, of which a significant part was devoted to combating child labour. Considerable efforts were being made by the Government to implement this national strategy, focusing on five major components: a coherent legislative framework that was in conformity in its major aspects with international labour standards and Morocco’s international commitments; the establishment and implementation of an institutional framework; tangible and local action focusing on the areas of origin of child labour; the provision to families of subsidies for the school attendance of children; and the reinforcement of expertise and competence through the technical cooperation undertaken with the ILO–IPEC programme in the context of projects financed by the United States, France and Belgium. In this respect, the Government had included a specific item in its budgets for 2008 and 2009 and intended to maintain it in future with a view to maintaining and generalizing the programmes of action already commenced in this context. In particular, this meant providing support for the activities of non-governmental organizations (NGOs) that were active in combating child labour, documenting the working conditions of children, training those concerned and strengthening competence at the national and local levels. Partnership agreements had been signed in November 2009 with seven NGOs, and it was planned to develop new partnerships in 2010.

He added that all of the efforts made by the Government to combat child labour had been compiled in a document that would be submitted to the Committee of Experts. He nevertheless wished to provide responses now to the specific points raised by the Committee of Experts. It should be noted that domestic work was among the principal objectives of the PANE. At the legislative level, the 2004 Labour Code covered domestic work and a bill was being prepared respecting the conditions of employment and work of domestic workers and establishing penalties for those employing children under 15 years of age. In addition, a specific list of hazardous types of work liable to be performed by domestic workers would be formulated and adopted under the future Act on domestic work. It would be in addition to the new list of hazardous types of work that had been drawn up and had raised from ten to 30 the number of hazardous types of work. Emphasis was also being placed on awareness-raising against child labour. A national campaign to raise the awareness of families, employers and children to the dangers and risks to which child domestic workers were exposed had been undertaken in 2008 in the framework of the national programme to combat the use of young girls as housemaids (INQAD) “Together against Domestic Work by Young Girls” using television, radio and the press, and a second campaign would be launched in 2010 with the support of the ILO–IPEC programme. Finally, reference should be made to a survey, the results of which would be provided to the Committee of Experts, on girl domestic workers under 18 years of age undertaken in 2001 in the Wilaya of Casablanca, and a new survey that would be carried out in 2010 to update the data, measure the impact of the action taken and help the local authorities develop appropriate responses.

With reference to the sexual exploitation of children, this scourge remained invisible and little known in Morocco, but the Government was sparing no effort to prevent and eliminate this worst form of child labour. The Penal Code established severe penalties for abuses, acts of violence and aggression against children in the context of work or outside any labour relationship. Moreover, with the support of UNICEF, a preliminary study had been carried out on the sexual exploitation of children, and the process of dialogue for the development of a national strategy was currently under way. During the course of 2008, a total of 9,279 persons had been taken to court for violations of the rights of children in 8,748 cases, and 6,384 penalties, including sentences of imprisonment, had been handed down in cases of violence against children. Further information on the violations and the penalties imposed would be attached to the next report on the application of the Convention.

In the context of the implementation of programmes of action, a significant assessment on the prevention and removal of children from the workplace had been carried out by the Government. Over the period 2002–08, with the support of the ILO–IPEC programme, 12,068 children had been removed and offered viable alternatives, and 20,492 children had been withdrawn as a preventive measure. Between 2007 and 2010, with the support of the Adros project, 4,215 children had been removed and 4,068 children had been withdrawn as a preventive measure. Furthermore, an assessment of the activities carried out by the focal points responsible for action to combat child labour, who had recently been appointed by the Ministry of Employment, showed that 874 observations had been made and 451 violations reported in 2009.

In conclusion, he reaffirmed that his country had made enormous progress in combating child labour as a result of the political will shown and the real awareness of the phenomenon. However, much remained to be done to ensure that the progress achieved was sustained. Finally, he reaffirmed the will of the Government to cooperate with the Committee of Experts for the implementation of international labour standards, including the future standard on domestic work.

The Employer members considered the case under discussion to be a serious matter, as it corresponded to a double footnote concerning one of the fundamental Conventions. The Committee of Experts had made observations on the application of this Convention by Morocco in 2004, 2005, 2007 and 2009, but this was the first time that the Conference Committee had had an opportunity to discuss the case. The Committee of Experts’ observation drew attention to a series of infringements of the Convention. With regard to Article 3 of the Convention, the observation referred to allegations regarding the existence of large numbers of young children, especially girls, being employed as domestic workers under conditions of servitude, after having been sold by their parents. It was estimated that 50,000 boys and girls – the majority of them under the age of 12 – were employed in domestic work. In the context of domestic work, one of the most serious problems affecting young girls was thought to be ill-treatment and sexual abuse. Moreover, although the 2003 Penal Code had declared sex tourism to be a criminal offence, there was evidence that both young Moroccans and young immigrants continued to be victims of child prostitution and sex tourism.

The Employer members also emphasized the need, as indicated in the latest direct request of the Committee of Experts, for the Government to provide information on the use of children for illicit activities, notably drug trafficking. Although a 1974 Royal Decree prohibited facilitating the access of persons under the age of 21 to drugs, there did not appear to be any ban on offering children for the production and trafficking of drugs, as required under Article 3 of the Convention. Regarding the mechanisms for monitoring the application of the Convention in practice called for in Article 5, ILO–IPEC reports published in 2007 indicated that the programmes of direct action against child labour in rural areas were undermined by the fact that so few labour inspectors operated in that area. Furthermore, with regard to Article 7(2)(a) of the Convention, the latest report by the United Nations Special Rapporteur on the right to education stated that, despite the progress that had been made, 8 per cent of Moroccan children were still outside the school system and there were some 60,000 street children in the country.

The Employer members noted the information supplied by the Government regarding the legislative ban on forced labour of minors, the proposed bill on domestic labour, the updating of the Dahir establishing the list of dangerous jobs, the planned survey on domestic work by girls in the Greater Casablanca area and the PANE 2006–15, which provided for a preliminary study to be carried out of the sexual exploitation of children. The preamble to the 2004 Labour Code reaffirmed the country’s commitment to the four categories of fundamental principles and rights at work. Although that was an indication of Morocco’s readiness to adopt relevant laws, it did not guarantee their effective implementation in practice. For that it was important to have an effective labour inspectorate. Morocco had indeed ratified the Labour Inspection Convention, 1947 (No. 81), in 1958, but the Government itself recognized that there were only 30 labour inspectors for rural areas, which was far too few for enforcement purposes. The country’s labour inspectorate therefore needed to be strengthened both quantitatively and qualitatively, which would then make it possible to include the informal economy in its sphere of action. Recalling the large size of the informal economy in Africa, Asia and Latin America, the Employer members emphasized the important role played by the labour inspectorate in this area, inasmuch as the promotion of decent work meant first and foremost eliminating the most negative features of informal employment, and especially the worst forms of child labour.

The Worker members observed that Morocco was still affected by the existence of the worst forms of child labour, and primarily domestic work by children under slave-like conditions after they had been sold by their parents. There were around 50,000 such children, most of them girls under 12 years of age from rural areas. The Labour Code nevertheless prohibited forced labour, and the Penal Code specifically sanctioned recourse to the forced labour of children under 15 years of age.

The Worker members then referred to the various indications provided by the Government, such as the existence of a bill on domestic work setting the minimum age for admission to employment at 15 years, the planned updating of the list of hazardous types of work to bring it into conformity with the Convention and the plans of the Ministry to carry out an investigation into domestic work by young girls in Casablanca. The Government had been referring to these various initiatives for some time now without seeming to give effect to them, even though the Convention, which had been ratified by Morocco in 2001, required States to take immediate measures for the elimination of the worst forms of child labour as a matter of urgency.

The Worker members then referred to cases of child prostitution, particularly among immigrant and Moroccan boys, despite the fact that the Penal Code had classified sexual tourism as a crime since 2003. Although the Government had reported that a preliminary study had been carried out in 2007 on the sexual exploitation of children, the Worker members noted that no specific information had been provided on the subject since then.

In general terms, the Worker members observed that the Government was once again proclaiming numerous initiatives, such as a second awareness-raising campaign on domestic work by young girls, but that once again it had not provided information on the results and on any progress achieved. This situation appeared to reflect the low level of commitment by the Government to take action as a matter of urgency against the various worst forms of child labour that were common in the country.

The Worker member of Morocco indicated that national unions were well aware of the serious nature of the scourge of child labour and were providing assistance, for instance through participation in the elaboration of relevant laws. His country had already made major steps forward by ratifying the Minimum Age Convention, 1973 (No. 138), Convention No. 182, the United Nations Convention on the Rights of the Child and its two Protocols. Moreover, a Decree had been issued in 2004 establishing a list of hazardous types of work. A new Penal Code had been adopted in 2003 imposing appropriate sanctions. It was necessary to bear in mind that, in an agricultural country with a long tradition of craftwork, parents made their children work in the fields, or try to pass on traditions and craft skills. However, this was not being used as an excuse. The Government was taking effective action to combat child labour through measures and programmes such as access to loans in rural areas to generate employment and combat poverty, financial aid for families to encourage them to keep their children in school, the PANE 2006–15, special police units to combat child prostitution, technical cooperation programmes with ILO–IPEC, efforts to draw up the bill on domestic work and subsidies for civil society organizations engaged in combating child labour. His country had accomplished giant strides towards the elimination of child labour, and the national unions would continue to support its efforts.

The Employer member of Morocco recalled that his country was currently developing in terms of governance, as well as in the economic and social fields and could not therefore allow child labour, as also demonstrated by the political will to involve the judiciary in the prosecution of offenders. The formal economy was currently growing by 4.5 per cent a year and that the informal economy only represented 12–13 per cent of the national economy, as indicated by international reports. Significant success had been achieved in the school enrolment of children aged 12 to 14 years, for whom the school attendance rate was 80 per cent. Some 500,000 young persons were engaged in vocational development schemes. He concurred with the Worker member from his country that the elimination of illiteracy, especially in rural areas, was the main focus of government policies. He added that there were over 30 inspectors in the country responsible for supervising the implementation of the 2004 Labour Code. He was convinced that Moroccan newspapers, which benefited from the freedom of the press, would publish any case of the mistreatment of domestic workers, which would lead to legal action and the imprisonment of offenders. Morocco was continuing to take action to combat the phenomenon of child labour. This would not only require administrative, but also depended on the progress made in the field of governance, as well as economic and social development.

The Worker member of India observed that Morocco had one of the highest child labour rates in the Middle East and North Africa. There were about 60,000 child domestic workers, and the practice of adoptive servitude, whereby parents sold their children to families for adoption for the purpose of domestic work, was common and socially accepted. For these children, decent childhood was a distant dream. He recalled that a society was measured by how it treated its vulnerable members. Child domestic workers, especially the live-ins, were virtual slaves working around the clock at the mercy and command of their employers. These hapless children, isolated and uprooted from their family and familiar environment, were planted in totally alien surroundings having no one with whom they could share their feelings, complain, talk to or socialize. Being without parental affection, many of them suffered from developmental and psychological disorders. Illiteracy made it impossible for them to communicate with distant friends and family, and they experienced a tremendous amount of loneliness and faced an increased risk of verbal, psychological, physical and sexual abuse and economic exploitation. They faced deprivation, a heavy workload, a lack of proper pay or holidays and excessively long working hours of up to 14–18 hours per day. Furthermore, these domestic workers depended on their employers for all their needs. Hazards, such as burns when preparing meals, were common and were also posed by chemical cleaning fluids and the carrying of heavy items. In cases of breakage, accusations of laziness or poor performance, the child worker was punished severely, for example, through dowsing with boiling water or being confined to a room for days. He cited by way of illustration the case of Zineb, which had been published in the media, who had subsequently been admitted to hospital, had suffered bruises resulting from beating and had been burned with boiling oil on her chest and private parts. The fact that 80 per cent of child maids were illiterate and from rural areas made it impossible to escape, as they lacked money and knowledge of how to return home, and their employers threatened them with violence or handed them over to the police.

The nefarious activities of intermediaries, recruiting agencies and organized child traffickers also aggravated the problem and, in addition to the sexual abuse of young housemaids, prostitution and sex tourism were rampant, involving young Moroccans and immigrants, including boys. Forced prostitution was prevalent, particularly in cities with large numbers of tourists and near towns with large military installations. He added that child workers in other industries were, in addition to the abovementioned risks, also exposed to hazardous risks caused by work in elevated places, physical and psychological exhaustion and exposure to insecticides, harmful rays, chemical and toxic substances. While appreciating that the Government had made good efforts at the legislative level, namely with the prohibition of forced labour in the Labour and Penal Codes and the bill on domestic labour that was awaiting adoption, implementation remained disappointing and abuses mostly went unpunished. He therefore urged the Government of Morocco to take the following steps: (1) curb child labour and eradicate its worst forms; (2) establish effective complaints mechanisms to protect, shelter and rehabilitate exploited children; (3) ensure that no girls under the age of 15 could be employed as domestic servants; (4) increase the rate of children’s access to quality education, both formal and informal; (5) enforce laws effectively; (6) adopt, as a matter of urgency, the bill on domestic work; (7) update the list of hazardous types of work to include domestic work; (8) improve the effectiveness of the detection, prosecution and punishment of crimes; (9) provide statistics on the number and nature of the infringements reported, investigations conducted, prosecutions, convictions and penal sanctions imposed; (10) provide information on the incidence of the sexual exploitation of children and the remedial measures taken (11) organize nationwide awareness-raising campaigns, especially for parents; (12) improve the efficiency of the labour inspectorate through training; and (13) combat and eradicate poverty and illiteracy in Morocco.

The Worker member of Senegal stated that Morocco’s presence before the Committee was owed to the lack of attention accorded by the Government to the observations of the Committee of Experts on the application of this Convention. Child prostitution and sex tourism, involving young Moroccans and immigrants, persisted in the country. In this respect, the Government indicated that a set of measures, such as the implementation of the PANE, which covered the issue of sexual exploitation, should lead to the adoption of a national strategy on the issue. Although the Government had indicated that a bill on domestic work was being prepared, and that the list of hazardous types of work had been updated, child labour continued to constitute an extremely serious problem in Morocco. Persons found in violation of the law should not remain unpunished. It was time for the Government to take appropriate measures to eradicate the worst forms of child labour and to implement the measures it had announced, so as to give a signal to the present Committee of its will to combat violations of the provisions of the Convention.

The Government representative said that the terms used by certain speakers to describe the situation did not reflect the real situation. It was appropriate to recall briefly the progress that the Government had made, such as broadening the scope of the Labour Code to include domestic work and the informal economy, expanding the list of hazardous types of work, acceding to the Optional Protocols to the United Nations Convention on the Rights of the Child, raising the school attendance rate, particularly through the human development initiative, and labour inspection activities. In that regard, a network of 400 labour inspectors was responsible for enforcing the application of labour legislation. Labour inspection was currently undergoing modernization in terms of recruitment, training and methodology. In addition, within the Ministry, there was a unit in charge of the 43 focal points responsible for coordinating activities to combat child labour at the regional level. Those who committed violations were severely punished, for example in the case of the young girl employed as a domestic worker which had been reported in the press. Justice was being applied. In conclusion, even if reducing the risk to zero was impossible, the Government was firmly committed to cooperating with all United Nations bodies, and the action it had undertaken on the causes and effects were beginning to bear fruit.

The Employer members welcomed the information provided by the Government concerning the measures taken to give effect to this Convention. They nevertheless expressed their concern at the continued presence of the worst forms of child labour, which were a persistent scourge in the country. They recalled that the principal obligation of States that had ratified the Convention was to take urgent action to eliminate the worst forms of child labour immediately. Such action had to be founded on free basic education for all, rehabilitation and social reinsertion of children freed from the activities in question, and attending to the needs of their families.

The Employer members emphasized the importance of adopting an act on domestic work that set a minimum age for such work, established decent working conditions and provided for appropriate controls and sanctions. Prior to its adoption, a draft of the act should be submitted to the Office for its opinion on whether the text was in conformity with the Convention. Tripartite consultations should be organized to create a constructive environment for the effective elimination of the worst forms of child labour. They again emphasized the need to strengthen labour inspection, both through the allocation of more financial resources and through measures to build capacity, which would allow for more effective action in both the formal and informal economies. It was important to have available reliable data on child labour in general and domestic work by children in particular. They emphasized the need to undertake the survey planned for the second half of 2010, as mentioned by the Government in its statement. Lastly, they encouraged the Government to continue requesting technical assistance from the ILO, particularly ILO–IPEC, in order to widen the coverage and impact of its policy on eliminating the worst forms of child labour.

The Worker members said that the Government should not complain of being misunderstood, as it had failed for years to provide information to the Committee. Three points should be emphasized. First, the draft legislation that had been announced long ago, especially the bill on domestic work and the list of hazardous types of work, needed to be adopted as soon as possible. The Government should also prepare an ambitious programme of school attendance for girls, backed by measures such as subsidies for poor families. Finally, a detailed report containing information about efforts made and the results achieved should be submitted by the Government to the Committee of Experts.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted the information contained in the report of the Committee of Experts relating to the forced labour of children in domestic work, the use of children in hazardous domestic work and the use of children in prostitution and sex tourism.

The Committee noted the detailed information provided by the Government outlining laws and policies put in place to combat domestic work by little girls as well as the comprehensive action programmes that were being undertaken with the participation of the social partners and in collaboration with ILO–IPEC to remove children from such situations. The Committee also noted that the Government had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance of the ILO. The Committee further noted the information provided by the Government that it was fully committed to ensuring the enactment of the bill on domestic work which set the minimum age for admission to domestic work at 15 years, and to updating a list of hazardous types of work to include hazardous domestic work.

While noting the policies and programmes of the Government to combat domestic work by children, the Committee noted with grave concern the economic and sexual exploitation which continued to be experienced by a large number of young girls engaged in domestic work in conditions approximating slavery or which were hazardous.

The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take measures, as a matter of urgency, to eliminate the forced labour of child domestic workers. It also requested the Government to take the necessary legislative measures to ensure that work performed in the domestic sector was prohibited for children under 18 years where it was hazardous. In this regard, it strongly expressed the hope that the bill on domestic work would at last be adopted and the list of hazardous types of work would be updated without delay to include hazardous domestic work in the very near future.

While noting the information provided by the Government representative on prosecutions and convictions of perpetrators of child abuse in general, the Committee reminded the Government that forced labour and hazardous work constituted one of the worst forms of child labour, and that member States were obliged to eliminate these worst forms as a matter of urgency. The Committee accordingly urged the Government to intensify its efforts to ensure that persons who engaged children in forced domestic labour or in hazardous domestic work were prosecuted and faced sufficiently effective and dissuasive sanctions.

The Committee further noted with concern the persistence of the commercial sexual exploitation of children and sex tourism involving young children, particularly boys, and accordingly called on the Government to intensify its efforts to tackle the problem of child prostitution, including in the context of sex tourism. The Committee noted the Government’s indication that it had increased both human and financial resources to the labour inspectorate. It accordingly requested the Government to further strengthen the capacity and reach of the labour inspectorate and to ensure that regular visits, including visits to sectors of the informal economy, were carried out so that penalties were imposed on persons found to be in breach of the Convention. The Committee further requested the Government to provide detailed information and statistical data in its report when it was next due to the Committee of Experts on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Underlining the importance of free universal and compulsory education to combating child labour, the Committee strongly urged the Government to ensure access to free basic education for all children, with special attention to the situation of girls.

Finally, the Committee requested the Government to supply detailed information in its report when it was next due on the effective and time-bound measures taken to provide for the rehabilitation and social integration of child victims of commercial sexual exploitation and child domestic workers, in conformity with Article 7(2) of the Convention.

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Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. With reference to its previous comments, the Committee notes that, although section 3 of the “Dahir” issuing Act No. 1.73.282 of 21 May 1974 concerning the suppression of drug addiction and the protection of drug addicts prohibits anyone from facilitating the use of drugs by persons under 21 years of age, it does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs, as required by Article 3(c) of the Convention. The Committee notes with regret that the Government’s report does not supply any additional information in this respect. The Committee therefore urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited in the national legislation.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments the Committee noted that, in the context of the ILO–IPEC project “Combating child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various players involved in combating child labour, including 330 labour inspectors and 43 monitoring agents recently designated as focal points. One of the tasks of the focal points is to monitor establishments employing children, to coordinate their actions with those of all the players involved in combating child labour, to collect information on child labour and to draft periodic reports and send them to the central service.

The Committee notes the information to the effect that an evaluation of the activities of the focal points indicates that 874 observations were recorded and 451 violations established during 2009. The Committee requests the Government to continue to supply information on the nature and extent of the violations reported that involve children engaged in the worst forms of child labour, including extracts from reports on the work of the focal points responsible for combating child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted that, according to the February 2007 report by the United Nations Special Rapporteur on the Right to Education (A/HRC/4/29/Add.2, paragraphs 8 and 9), the implementation of public policies and strategies, particularly regarding the spread and quality of education, represents one of the major obstacles to effective and full realization of the right to education in the country. It noted that, in order to tackle such an urgent problem, Morocco has set up a number of bodies, including the Directorate of Non-Formal Education (ENF), which operates according to two methods and programmes: the “Second Chance” school programme and the programme to combat school drop-out. However, the Committee noted that, despite a conspicuous effort to extend school education, including the implementation of the Emergency Education Plan 2009–12, more than one million children between 8 and 15 years of age either do not attend school or have dropped out before completing compulsory schooling. In addition, according to the 2008 UNESCO report entitled “Education for All by 2015: Will we make it?”, although the school attendance rate in Morocco has increased significantly (20 per cent), the repetition rate in the first year of primary school is among the highest in the region, reaching 16 per cent. The UNESCO report also indicates that the gross enrolment rate in lower secondary school (children between 12 and 15 years of age in Morocco) is 65 per cent, and the gross enrolment rate for upper secondary school (adolescents between 15 and 18 years of age in Morocco) is only 35 per cent.

The Committee notes with interest the Government’s information to the effect that, as part of the project to support the schooling of children from disadvantaged backgrounds, 280,000 families have received financial support. Moreover, a new TISSIR programme was established in 2009, which aims to reduce the school drop-out rate and encourage disadvantaged families, particularly in rural areas, to send their children to school. Under this programme, the families of 87,000 children have received a monthly financial allowance to enable them to keep their children in school. According to the Government, this experiment has had a positive effect on the school attendance rate, with a 25.8 per cent increase in the enrolment rate for pupils in the first year of primary school, a 58.2 per cent decrease in the school absence rate and a 71.4 per cent reduction in the school drop-out rate. In the light of these results, the Government has decided to continue and extend the programme in order to increase the number of pupils benefiting from it to 277,000 in 2010. The Committee also notes that, according to the document on the results achieved by the Moroccan Government in combating child labour communicated by the Government representative during the Conference Committee on the Application of Standards in June 2010, nearly 6,600 children were reintegrated in formal education and vocational training during 2009. The Committee encourages the Government to continue its efforts to improve the functioning of the education system by increasing the rate of school attendance, particularly in lower secondary school, and by reducing the school drop-out rate in order to prevent the engagement of children in the worst forms of child labour, paying particular attention to girls and to children living in rural areas. It requests the Government to continue to supply up-to-date statistics on the school attendance and school drop-out rates in the primary sector and also on the numbers of children benefiting from the TISSIR programme.

Clause (d). Children at special risk. Street children. The Committee previously noted that, according to the February 2007 report of the United Nations Special Rapporteur on the Right to Education (A/HRC/4/29/Add.2, paragraph 10), there are 600,000 street children, the great majority of whom do not attend school. It noted that child protection units have been set up as part of the national strategy for the reintegration and protection of street children. It also noted that the Ministry of Social Development, Family Affairs and Solidarity (MDFS) has developed, as part of the implementation of the National Plan of Action for Children (2006–15) (PANE), a national programme for the reintegration of street children (INDIMAJ), consisting of three parts: a legal section, an awareness-raising and advocacy section and an institutional capacity-building section. It also noted that the MDFS was planning to conduct a survey on the situation of street children during 2010.

The Committee notes the Government’s statement that three child protection units were established in 2007 and these are operating in Marrakesh, Casablanca and Tangier. It notes that, by the end of 2009, the child protection unit services had been used by 196 children (82 girls and 144 boys) in Marrakesh and by 287 children (141 girls and 146 boys) in Casablanca. Furthermore, according to the Government, a new child protection unit was due to be set up in Meknès in June 2010. The Committee also notes that the MDFS has launched an evaluation process for the child protection units, the final objective of which is to create a development plan for the protection units in terms of strategy, targeting, human resources and intersectoral coordination in order to create a network of coverage at local level. The Committee further notes that, according to information available on the MDFS website (www.social.gouv.ma), there are plans to establish 16 child protection units and 16 “Samu sociaux” (social assistance units) by 2012. Given that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to strengthen its efforts with respect to the identification, withdrawal and reintegration of street children. It requests the Government to supply information on the measures taken and results achieved in the context of the INDIMAJ programme and to continue to supply information on the results achieved by the work of the child protection units in terms of the number of children who have benefited from these measures. In this respect, the Committee requests the Government to send a copy of the conclusions of the evaluation process for the child protection units conducted by the MDFS. It also requests it to send a copy of the results of the survey on the situation of street children conducted in 2010.

Article 8. Poverty reduction. With reference to its previous comments, the Committee notes the Government’s indication that a National Human Development Initiative (INDH) was launched in May 2005. The initiative encompasses three major programmes, aimed at the reduction of rural poverty, social exclusion in urban areas and precarious living conditions. The planned actions are concerned with: (i) support for access to basic infrastructure, neighbourhood services and social facilities; (ii) boosting the local economic fabric through income-generating activities; (iii) support for social, cultural and sports activities and events; and (iv) the strengthening of governance and local capacities. Since the launch of the programme, 16,000 projects have been implemented for more than 4 million recipients. The Committee notes that, according to the document on the results achieved by the Moroccan Government in combating child labour, communicated by the Government representative during the Conference Committee on the Application of Standards in June 2010, the INDH targets disadvantaged persons, including street children exposed to work at an early age. Nevertheless, the Committee notes that the Government’s report does not contain any information on the impact of projects relating to the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee once again requests the Government to supply information on the impact of projects established under the INDH relating to the elimination of child labour, particularly as regards street children.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report. It also notes the detailed discussion which took place in the Committee on the Application of Standards during the 99th Session (June 2010) of the International Labour Conference.

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and application of the Convention in practice. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the statement from the International Trade Union Confederation (ITUC) to the effect that child domestic labour, performed under conditions of servitude, is common practice in the country, with parents selling their children, sometimes as young as 6 years of age, to work as domestic servants. The ITUC also indicated that some 50,000 children, mainly girls, are employed in domestic work. Of these, about 13,000 young girls under the age of 15 are employed as servants in Casablanca, with 70 per cent of them under 12 years of age and 25 per cent under 10 years of age. The Committee noted that section 10 of the Labour Code prohibits forced labour and that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age. It further noted that a Bill on domestic work had been adopted and was in the process of validation. The Bill sets the minimum age for admission to this type of employment at 15 years, lays down conditions of work and establishes supervisory measures and penalties.

The Committee notes the information contained in the Government’s report to the effect that the Bill regulating the conditions of employment and work of domestic workers is in the process of being adopted. It also notes that this Bill has recently been reinforced by the inclusion of more stringent penalties including imprisonment for persons employing children under 15 years of age. The Committee further notes that a specific list determining hazardous types of work prohibited in the domestic work sector will be drawn up and adopted pursuant to the future law on the conditions of employment and work of domestic workers. This list will coexist with the new list determining hazardous types of work prohibited for young persons under 18 years of age revising the Labour Code promulgated by the Royal Decree of 24 December 2004.

The Committee also notes the Government’s indication in its report that an initial qualitative and quantitative survey of girls under 18 years of age engaged in domestic work was undertaken in 2001 in the wilaya of Casablanca. In addition, a second survey was due to be carried out in Greater Casablanca during the second half of 2010, with results and data to be extrapolated at national level. The Committee notes the results of the statistical survey undertaken in 2001 and observes that nearly 23,000 girls under 18 years of age are working in Greater Casablanca as domestic workers, 59.2 per cent of whom are under 15 years of age. The vast majority of these girls (82.2 per cent) are unable to read or write and only 17.8 per cent of them have received school education. The survey also reveals that more than half of the girls engaged in domestic work (55 per cent) are subject to punishment in the course of their work and 10 per cent report being victims of physical assault. As regards the issue of sexual abuse, the report indicates that there is considerable reticence regarding this issue on the part of the girls and that 4.2 percent of the 529 girls interviewed admitted having been subjected to sexual abuse from their employers. In addition, more than half the girls interviewed (55.4 per cent) said that they suffered from some kind of physical ailment. While noting the measures taken by the Government, the Committee expresses its deep concern at the exploitation of young persons under 18 years of age employed in domestic work under conditions similar to slavery or under hazardous conditions. It once again reminds the Government that under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee once again urges the Government to take the necessary steps to ensure that the Bill on domestic work is adopted as a matter of urgency. The Committee expresses the strong hope that the list determining the hazardous types of work which are prohibited in the domestic sector will take account of the domestic work of children under 18 years of age performed under conditions similar to slavery or under hazardous conditions. With reference to the conclusions of the Committee on the Applications of Standards, it requests the Government to intensify its efforts and take immediate and effective steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to send a copy of the 2010 survey on the situation of young girls engaged in domestic work in Casablanca.

Article 4(3). Periodic examination and revision of the list of hazardous types of work. The Committee notes with interest the Government’s communication sent to the Office in April 2010, relating to the imminent adoption of the decree applying the Labour Code promulgated by the Royal Decree of
24 December 2004 determining the list of hazardous types of work prohibited for children under 18 years of age. The draft decree was validated during a tripartite seminar in April 2010. Moreover, according to information communicated by the Government representative at the Committee on the Application of Standards in June 2010 and also contained in the Government’s report, the new list increases the number of hazardous types of work from ten to 30. The Committee requests the Government to send a copy of the draft decree determining the list of hazardous types of work prohibited for children under 18 years of age once it is adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from these worst forms, and ensuring their rehabilitation and social integration. Child prostitution and sex tourism. In its previous comments, the Committee expressed concern at the persistence of child prostitution and sex tourism involving young Moroccans and immigrants, particularly boys, despite an amendment to the Penal Code in 2003 making sex tourism a criminal offence. It noted that, as part of the National Plan of Action for Children (PANE) for 2006–16, a preliminary study on the problem of the sexual exploitation of children was carried out in February 2007 with a view to formulating a national strategy to prevent and combat such exploitation. It also noted that child protection units had been set up in Casablanca and Marrakesh to provide better medical, psychological and legal assistance for children who have been the victims of violence or ill-treatment, including children who have suffered from sexual or economic exploitation.

The Committee notes the indications in the Government’s report that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, and for this reason the Government is making every effort to tackle it. It notes that a freephone number has been made available by the National Observatory for Children’s Rights for use by children who have been subjected to violence. However, the Committee notes with regret that the formulation of the national strategy to prevent and combat the sexual exploitation of children is still at the consultation stage. It also observes that the Government’s report does not supply any information on the results of the preliminary study conducted in February 2007 on the problem of the sexual exploitation of children.

The Committee notes that, according to a study on the sexual exploitation of children, with particular reference to Marrakesh, conducted by UNICEF in 2003 and whose results are based on a sample of 100 children in prostitution (62 boys and 38 girls), most children begin to engage in prostitution after breaking off their school education. In addition, only three out of the 100 children interviewed were attending school and 16 of them had never done so. As regards the latter, most of them are girls who were placed in families at a very young age to work as domestic servants. The results of the survey also reveal that 71 per cent of the children claim to have both foreign and Moroccan clients. Furthermore, many of these minors appear to work on an independent basis, even though the use of pimps appears to be more widespread among girls. According to the testimonies of children in prostitution, the police often accept bribes from the children themselves. However, if the children are arrested, they may be placed in charitable institutions. Nevertheless, given that conditions tend to be poor in such establishments, the children often run away. Expressing its deep concern at the lack of specific measures to prevent children under 18 years of age from becoming the victims of prostitution, to remove them from this worst form of child labour and to ensure their rehabilitation and social integration, the Committee urges the Government to take immediate and effective steps to ensure that the national strategy to prevent and combat the sexual exploitation of children is implemented as soon as possible. It requests the Government to supply information on progress made in this respect, in terms of the number of children prevented from engaging in prostitution or withdrawn from it as part of the national strategy. It also requests the Government to send a copy of the preliminary study on the problem of the sexual exploitation of children which was conducted in February 2007 with a view to the formulation of the national strategy.

Clause (d). Children at special risk. Child domestic labour. The Committee previously noted the adoption of the national programme to combat the use of young girls as housemaids (INQAD) as part of the PANE. It also noted that, as part of its Strategic Plan 2008–12 and following implementation of the INQAD programme, the Ministry of Social Development, Family Affairs and Solidarity was planning to organize a second nationwide awareness-raising campaign to combat the use of young girls as housemaids and to prepare regional action plans. It also noted that, as part of the Multisectoral Programme, implemented in collaboration with UNDP, to combat gender-based violence by empowering women and girls in Morocco. ILO–IPEC launched an action programme to combat the use of young girls in domestic labour in the
Marrakesh–Tensift–El Haouz region for the period from 1 January 2009 to 31 December 2010.

While noting the measures taken by the Government to combat child domestic labour, the Committee notes the lack of information on the results actually achieved in the context of the INQAD programme and ILO–IPEC programme in terms of the numbers of children under 18 years of age prevented from engaging in or removed from the worst forms of child labour in the domestic sector. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to step up its efforts with respect to the identification, withdrawal and reintegration of girls under 18 years of age working as domestic servants who are subjected to economic or sexual exploitation. It also requests the Government to supply information on the results achieved in this respect, particularly in the context of the INQAD programme.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that according to the Government, the national legislation prohibits any person, regardless of age, from being used in illicit activities. The Committee takes note of the Royal Decree issuing Act No. 1.73.282 of 21 May 1974, sent by the Government. It observes, however, that although the decree prohibits anyone from facilitating access to drugs by persons of 21 years of age and less, it does not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs, as required by Article 3(c) of the Convention. The Committee therefore asks the Government to take immediate steps to ensure that the national legislation prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments the Committee noted that according to the ILO–IPEC activity reports for 2007 on the project to combat child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas, there were only 30 labour inspectors for all the rural areas in the country. It observed that the labour inspection system needed to be strengthened in order to be operational in the area of child labour.

The Committee notes from the final technical progress report of 30 September 2008 on the ILO–IPEC project, several training sessions were organized for the purpose of capacity building for a variety of players involved in combating child labour. Among the trainees were 330 labour inspectors who included recently appointed focal points in the provinces, and in the Gharb region four training sessions of five days each were organized for partner NGOs. The Committee notes the Government’s statement that the focal points are made up of 43 inspectors whose duties include visiting establishments that employ children, coordinating their activities with those of all other players involved in combating child labour, gathering data on child labour and drafting periodical reports for submission to the central inspection service. According to the first report on the work of the focal points, in 2008, 870 infringements were reported in 287 workplaces visited that employ children. The Government states that in the course of their inspections, the focal points issued warnings to the employers in these establishments to comply strictly with the provisions of the labour legislation aimed at combating child labour. The Committee strongly encourages the Government to continue reinforcing the mechanisms to monitor the application of the provisions that give effect to the Convention. To this end it requests the Government to provide information on the number and nature of the violations reported that concern children engaged in the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the employment of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted that according to a report by the United Nations Special Rapporteur on the Right to Education of February 2007 (A/HRC/4/29/Add.2, paragraphs 8 and 9), despite the increase in primary school enrolment, further efforts are still needed to guarantee the enrolment of the remaining 7 to 8 per cent of children outside the education system (around 1.5 million). The Committee further noted that, despite a wide range of positive steps taken by the Government to fulfil the right to education, the Special Rapporteur considered the implementation of public policies and strategies, particularly regarding the spread and quality of education to be one of the major challenges to effective and full realization of the right to education in the country.

The Committee notes the Government’s statement that, in order to cope with so urgent a problem, Morocco has a number of bodies in operation including the Directorate of Non-Formal Education (ENF), bases its activities on two methods and action programmes. First, a Second Chance School programme offers a variety of methods so as to accommodate the objectives set for the various categories of beneficiaries: enrolment of out-of-school children; curriculum for children in rural areas; preparation for vocational training for children of
12–15 years of age in a learning situation; curriculum for the social integration of children of 9–15 years of age in a work situation. Secondly, a programme to combat school drop-out, launched in 2005–06, is aimed at children who experience difficulty at school and are likely to drop out. The Committee notes that since the start up of the ENF programmes, 321,751 children (179,108 in 2007–08) have benefited from the Second Chance School programme, and 433,689 children (146,489 in 2007–08) have benefited from the programme to combat school drop-out. The Committee further notes that, according to the final technical progress report of 30 September 2008 on the project to combat child labour in Morocco by creating a suitable national environment and providing for direct intervention against the worst forms of child labour in rural areas, the activities carried out under this project have made it possible to prevent 7,868 children from being employed in the worst forms of child labour and to remove 3,994 children from these worst forms of child labour.

The Committee nonetheless notes the detailed information supplied by the Government in the report of the Directorate of Non-Formal Education according to which, despite a noteworthy effort to extend education, including the implementation of the 2009–12 Emergency Education Plan, more than one million children aged between 8 and 15 years either do not attend school or have dropped out before completing compulsory schooling. The Committee further notes from the UNESCO report of 2008 “Education for All by 2015: Will we make it?”, that although the school attendance rate in Morocco has increased significantly (20 per cent), the repetition rate in the first year of primary school is among the highest in the region, reaching 16 per cent. The UNESCO report further indicates that the gross enrolment ratio in lower secondary school (children 12–15 years of age in Morocco) is 65 per cent, and the gross enrolment ratio for upper secondary school (adolescents of 15–18 years in Morocco) is only 35 per cent. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to improve the operation of the national education system, in particular by increasing school attendance and reducing the school drop-out rate, and by paying particular attention to girls and children living in rural areas. It asks the Government to continue to provide information on the results obtained.

Clause (d). Children at special risk. Street children. The Committee noted previously that according to the 2007 report of the United Nations Special Rapporteur on the Right to Education (A/HRC/4/29/Add.2, paragraph 10), there are 600,000 street children, the great majority of whom do not attend school. It noted that as part of the national strategy for the reintegration and protection of street children, child protection units (UPEs) have been set up.

The Committee notes the information sent by the Government to the effect that the Ministry of Social Development, Family and Solidarity (MDFS) has developed, in the context of implementing the National Action Plan for Children (2006–15) (PANE), a national programme for the reintegration of street children (INDIMAJ). It is a comprehensive and integrated programme, consisting of three parts: a legal section, an awareness-raising and advocacy section, and an institutional capacity-building section. According to the Government, the programme targets a total of 200 beneficiaries in the towns of Casablanca, Tangiers, Fez, Mekhnes, Tetouan, Rabat-Salé, Marrakesh, Mohammedia, Essaouira, Safi and Agadir. The Committee further notes the pilot experiment “Samu Social” in Casablanca, which aims to improve assistance for street persons and in 2008 benefited more than 100 street children. Lastly, the Government indicates that the MDFS is planning to conduct an inquiry in 2010 on the situation of street children. The Committee takes due note of this information but must once again express concern at the number of street children still remaining and again reminds the Government that street children are particularly exposed to the worst forms of child labour. The Committee accordingly encourages the Government to redouble its efforts to protect them against these worst forms of child labour and asks it to continue to provide information on the measures taken in this area, particularly under the INDIMAJ programme and in the context of the work done by the UPEs. Lastly, it asks the Government to provide information on progress made in terms of the number of children who have been kept out of or removed from the worst forms of child labour.

Article 8. Poverty reduction. The Committee noted previously that the Government, in collaboration with UNDP Morocco, civil society and a number of NGOs, launched projects to combat poverty. Noting the absence of any information on this matter in the Government’s report and observing that initiatives to reduce poverty help to break the poverty cycle and that this is essential to eliminating the worst forms of child labour, the Committee again asks the Government to provide information on any visible impact noted in the course of implementing the projects to combat poverty on the elimination of the worst forms of child labour, particularly the sexual and economic exploitation of children in domestic work.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and application of the Convention in practice. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Domestic work of children. In its previous comments, the Committee noted information from the International Trade Union Confederation (ITUC) to the effect that domestic work by children under conditions of servitude is common practice in the country, with parents selling their children, sometimes as young as six years of age, to work as domestic servants. The ITUC also stated that some 50,000 children, mainly girls, are working as domestic servants. Of these, about 13,000 girls under the age of 15 are employed as servants in Casablanca; 80 per cent of them come from rural areas and are illiterate; 70 per cent are under the age of 12; and 25 per cent under the age of 10. The Committee noted that section 10 of the Labour Code prohibits forced labour. It further noted that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age. It also observed that a bill on domestic work had been adopted and was in the process of validation. The bill sets the minimum age for admission to this type of employment at 15 years, establishes the conditions of work, and provides for supervisory measures and penalties.

The Committee notes that, according to the Government, the bill on domestic work is still in the process of adoption. The Government also states that the Dahir of 24 December 2004 establishing a list of hazardous types of work is to be updated in the course of 2010 so as to reflect the intent of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee also notes the Government’s statement that the Ministry for Social Development, Family and Solidarity (MDFS), in collaboration with ILO–IPEC organized a training course in 2008 for NGOs involved in the protection of children in the towns of Tahanaout, Fez, Safi, Casablanca, Kenitra, Khouribga, Taza and Agadir, identified as key areas, focusing on the supply and demand of domestic work by children and geared to building institutional capacity for more effective action in combating domestic work by little girls. Lastly, the Committee notes the Government’s statement that the MDFS is planning to conduct an inquiry in the course of 2010 into the situation of little girls engaged in domestic work in Casablanca.

While taking due note of the steps taken by the Government, the Committee must again point out that according to Article 3(a) and (d) of the Convention, work or employment in conditions that approximate slavery or are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee therefore urges the Government to take the necessary steps to ensure that the bill on domestic work is adopted as a matter of urgency. It expresses the hope that the Dahir of 24 December 2004 establishing a list of hazardous types of work will be updated to include domestic work by children under the age of 18 in conditions that approximate slavery or are hazardous. Furthermore, the Committee once again requests the Government to step up its efforts and take the necessary measures to ensure, as a matter of urgency, that the forced labour of children under 18 years of age in domestic work and the employment of such children in hazardous work shall be prosecuted and punished by sufficiently effective and dissuasive sanctions. Lastly, it requests the Government to provide a copy of the inquiry into the situation of little girls engaged in domestic work in Casablanca and to send information on the application of the provisions governing these worst forms of child labour, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them from these worst forms, and ensuring their rehabilitation and social integration. Child prostitution and sex tourism. In its previous comments, the Committee expressed concern at the persistence of child prostitution and sex tourism involving young Moroccans and immigrants, particularly boys, despite an amendment made to the Penal Code in 2003 to introduce sex tourism as a criminal offence. It noted that, according to the Government, as part of the National Action Plan for Children (PANE) for the decade 2006–16, a preliminary study on problems relating to the sexual exploitation of children was carried out in February 2007 with a view to framing a national strategy to prevent and combat such exploitation.

The Committee notes the information sent by the Government to the effect that child protection units have been set up in Casablanca and Marrakesh to provide better medical, psychological and legal assistance for children who have been the victims of violence or ill-treatment, including children who have suffered from sexual or economic exploitation. The Committee nonetheless observes that the Government provides no information on the results of the preliminary study on problems relating to the sexual exploitation of children, or on the preparation of the national strategy to prevent and combat the sexual exploitation of children, a concern shared by the Committee on the Elimination of All Forms of Discrimination Against Women in its concluding observations of 8 April 2008 (CEDAW/C/MAR/CO/4, paragraph 22). The Committee accordingly requests the Government to take immediate, effective and time-bound measures to ensure that the national strategy to prevent and combat the sexual exploitation of children is adopted and that it includes measures to: (a) prevent children from falling victim to prostitution, particularly in the context of sex tourism; and (b) provide the necessary and appropriate assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. The Committee again requests the Government to provide information on progress made in this regard.

Clause (d). Children at special risk. Child domestic workers. In its previous comments, the Committee noted that according to the ITUC, the physical and sexual abuse of young girls working as housemaids (petites bonnes), is among the most serious problems confronting Moroccan children. The Committee noted that a national programme to combat the use of little girls as housemaids (INQAD) had been adopted as part of the PANE.

The Committee notes the information sent by the Government to the effect that as part of its Strategic Plan 2008–12 and following implementation of the INQAD programme, the MSDF plans to organize a second nationwide awareness‑raising campaign to combat domestic work by little girls, and to prepare regional action plans. The Committee notes that to this end, as part of the Multisectoral Programme to combat gender-based violence by empowering women and girls in Morocco implemented in collaboration with the UNDP,
ILO–IPEC has started up an action programme to combat domestic work by girls in the Marrakesh–Tensift–El Haouz region for the period from 1 January 2009 to 31 December 2010. The programme is to benefit 1,000 school children to discourage them from dropping out of school; 100 school girls under 15 years of age from very poor families for whom the risk of drop-out is high are also to benefit from this awareness-raising; 30 girls under 15 years of age are to be removed from domestic work and rehabilitated and socially reintegrated; 20 girls aged between 15 and 17 are to be withdrawn from domestic work in which conditions are hazardous and which are among the worst forms of child labour; and 50 girl domestic servants aged between 15 and 17 years working in conditions that are acceptable will nonetheless have both their living and their working conditions improved. While taking due note of the measures taken by the Government to combat domestic work by children, the Committee notes that this form of labour remains a very serious scourge in Morocco. It accordingly requests the Government to redouble its efforts to protect these children, in particular against economic and sexual exploitation, and requests it to continue to provide information on progress made in this area, in terms of the number of children under 18 years of age prevented from engaging in or removed from worst forms of child labour in the domestic work sector.

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

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee pointed out that the national legislation appeared to prohibit only the production and trafficking of drugs, and not the use of children for illicit activities, as the Convention requires. It asked the Government to take the necessary steps to align the legislation with the Convention. The Committee notes the information provided by the Government that, under the national legislation, nobody may be used in illicit activities, regardless of age. The Committee requests the Government to indicate, and provide a copy of, the provisions of the national legislation that prohibit the use, procuring or offering of children for illicit activities.

Article 5 and Part V of the report form. Mechanisms to monitor the implementation of the Convention in practice. The Committee referred previously to an observation on the application of the Labour Inspection Convention, 1947 (No. 81), in which it noted that studies on child labour in Morocco carried out in the context of a research project launched by the ILO, with the cooperation of UNICEF and the World Bank, had shown that the difficulties of monitoring child labour were essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee noted that 40 officials of the Ministry of Employment had received specific training with a view to reassigning them within the staff of the labour inspectorate.

The Committee notes that according to the ILO/IPEC activity reports for 2007 on a project to combat child labour in Morocco by creating a suitable national environment and providing for direct intervention against the worst forms of child labour in rural areas, there are only 30 labour inspectors for all the country’s rural areas. Consequently, in order to be operational for child labour, the labour inspection system would need to be strengthened. But, this is impossible without resources from the Government. The Committee notes the Government’s information that as soon as they become available, the data on the number of persons prosecuted or sentenced for breach of the national legislation on the worst forms of child labour will be sent to the Office. While noting that the economic situation does not always allow standards to be applied effectively, the Committee requests the Government to take the necessary steps to satisfy itself that the penalties established by law for the worst forms of child labour are really effective and strictly enforced. The Government is also asked to provide information, as soon as it becomes available, on the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, the investigations held, the legal action taken, and the sentences and penalties applied.

Article 7, paragraph 2. Effective and time‑bound measures. Clause (a). Preventing the employment of children in the worst forms of child labour. Access to free basic education for children removed from the worst forms of child labour. In its previous comments, the Committee noted that the school enrolment rate in rural areas had risen from 55.4 per cent to 87 per cent between 2002 and 2003, and that the education system had been reformed to improve the quality of teaching and step up scientific and technical education to encourage children to stay at school. It also noted that Morocco had adopted a new strategy to combat illiteracy in order to bring the illiteracy rate under 25 per cent by 2010.

The Committee takes due note of the information provided by the Government on the significant progress made in the education system and the national action programmes under way to fight school drop-out. It likewise notes the statistics showing school enrolment rates countrywide for 2003–04: 92.2 per cent for children aged from 6 to 11 years, 68.8 per cent for children aged from 12 to 14 years, and 42.9 per cent for children aged from 15 to 17 years. It notes, however, that according to a report by the United Nations Special Rapporteur on the right to education, February 2007 (A/HRC/4/29/Add.2, paragraphs 8 and 9), despite the increase in primary school enrolment, further efforts are still needed to guarantee the enrolment of the remaining 7 to 8 per cent of children outside the education system (around 1.5 million). Furthermore, despite a wide range of positive steps taken by the Government to fulfil the right to education, the Special Rapporteur considered the implementation of public policies and strategies, particularly regarding the generalization and quality of education, as one of the major challenges for effective and full realization of the right to education in the country. He observed that children in rural areas, particularly girls, working and street children, as well as children with disabilities, were often deprived of their fundamental right to education. Considering education to be one of the most effective means of combating child labour, particularly its worst forms, the Committee requests the Government to step up its efforts to improve the working of the education system to ensure that girls and boys have access to high quality education.

Clause (d). Children particularly at risk. Street children. The Committee noted previously that the Secretary of State for Social Protection, the Family and Children had set up a programme for the reintegration, education and protection of street children based on the comprehensive strategy for action focusing on the creation of neighbourhood centres, the strengthening of the legal framework and the mobilization of potential partners. It requested the Government to inform it of the impact of this strategy on the protection of street children against the worst forms of child labour.

The Committee notes that, according to the report of United Nations Special Rapporteur on the right to education, February 2007 (A/HRC/4/29/Add.2, paragraph 10), there are 600,000 street children, the great majority of whom do not attend school. It notes the information in the Government’s report to the effect that child protection units have been established as part of the national strategy for the reintegration and protection of street children. However, as these units are just beginning their work, it is not as yet possible to provide information on their operation. The Committee also notes that a national action plan for the integration of street children has been prepared. The Committee expresses its concern at the large number of street children and reminds the Government that such children are particularly exposed to the worst forms of child labour. It accordingly encourages the Government to pursue its efforts to protect children against these forms of labour and to provide information on the measures taken to this end under the national action plan for the integration of street children. The Committee also requests the Government to provide information on the work carried out with street children by the protection units, particularly with a view to their rehabilitation and integration incto society.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Domestic work of children. In its previous comments, the Committee took note of information from the International Trade Union Confederation (ITUC) to the effect that the statutory prohibition on forced labour is not applied effectively by the Government. Domestic work by children under conditions of servitude is a common practice in the country: parents sell their children, sometimes as young as 6 years of age, to work as domestic servants, and families adopt young girls to use them as servants. The ITUC also stated that about 50,000 children, largely girls, are working as domestic servants. Of these, some 13,000 girls under the age of 15 are employed as servants in Casablanca; 80 per cent of them come from rural areas and are illiterate; 70 per cent are under the age of 12, and 25 per cent under the age of 10. The ITUC further indicated that special legislative measures are needed to prohibit domestic servitude. The Government stated in reply that a bill on conditions for hiring domestic staff had been drafted by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners were to be consulted before the text was adopted. The Committee noted that section 10 of the Labour Code prohibits forced labour. It further observed that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age.

The Committee notes the information provided by the Government that following a tripartite seminar held at the end of July 2006, a bill on domestic work was adopted and is in the process of validation. It sets the minimum age for admission to this type of employment at 15 years, establishes working conditions and provides for supervisory measures and penalties. The Committee further notes that awareness campaigns have been run to highlight the ills of domestic work for children, particularly “les petites bonnes”. It further notes from activity reports for 2007 on the ILO/IPEC project to “Combat child labour in Morocco by creating an appropriate environment in the country and providing for direct intervention against the worst forms of child labour in rural areas”, a special budget has been established for activities regarding this type of employment.

The Committee duly notes the measures taken by the Government to regulate domestic work, i.e. household tasks carried out by a non-member of the household who is legally old enough to work. The Committee nonetheless draws the Government’s attention to the fact that the work done by a number of children in Morocco amounts rather to domestic work of children, i.e. domestic work carried out by children who have not reached the minimum age for admission to employment or by children who have passed the minimum age but are under the age of 18, who work in conditions that approximate slavery or are hazardous, or who are exploited. The Committee reminds the Government that according to Article 3 of the Convention, such forms of work are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency pursuant to Article 1. It again expresses deep concern at the situation of children who are subjected to forced labour or who work in hazardous conditions in Morocco. The Committee urges the Government to step up efforts and take the necessary measures as a matter of urgency to ensure that anyone who uses the domestic labour of children under 18 years of age in the form of forced labour, or who employs children in hazardous work is prosecuted and subjected to effective and dissuasive sanctions. In this respect it requests the Government to provide information on the effect given to the provisions relating to the worst forms of child labour referred to above, including statistics of the number and nature of violations reported, the inquiries held, the legal action taken and the sentences and penalties applied. Lastly, the Committee hopes that the bill on domestic work will be adopted shortly and requests the Government to provide a copy of it as soon as it is adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the information provided by the Government to the effect that, as part of the project being implemented by ILO/IPEC to “Combat child labour in Morocco by creating an appropriate environment in the country and intervening directly against the worst forms of child labour in rural areas”, more than 15,633 children (8,423 boys and 7,210 girls) have been prevented from being engaged in one or other of the worst forms of child labour, and 8,099 children (3,941 boys and 4,158 girls), have been removed from work with the offer of viable alternatives. The Committee requests the Government to continue to provide information on the action programmes implemented under the
ILO/IPEC project, and their impact in terms of protecting children and removing them from the worst forms of child labour in Morocco.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing children therefrom and ensuring their rehabilitation and integration into society. Child prostitution and sex tourism.  With reference to its previous comments, the Committee notes that in its concluding observations of March 2006 on Morocco’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraphs 15 and 16), the Committee on the Rights of the Child noted an amendment to the Penal Code in 2003 introducing the crime of sex tourism”. It expressed concern, however, at the persistence of child prostitution and sex tourism involving young Moroccans as well as immigrants, especially boys. It recommended that the Government intensify its efforts to tackle the problem of child prostitution, including in the context of sex tourism, by developing a specific strategy targeting the tourist industry including specific messages on child rights and on the existing sanctions against child abusers.

The Government indicates in its report that as part of the National Action Plan for Children (PANE) for the decade 2006–16, a preliminary study on the problems of the sexual exploitation of children was conducted in February 2007 with a view to drawing up a national strategy for preventing and combating the sexual exploitation of children. The Government also states that a report prepared after the study recommends certain measures, including awareness raising among young people and the public in general and the adoption of preventive measures. The Committee requests the Government to provide information on the measures taken on these recommendations and the results obtained in: (a) preventing children from falling victim to prostitution, particularly in the context of sex tourism; and (b) providing the necessary and appropriate assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to indicate whether it plans to take steps to raise the awareness of service providers directly linked to the tourism industry, including associations of hotel owners, tour operators, taxi companies, and owners of bars, as well as restaurants and their employees.

Clause (d). Children particularly at risk. Domestic work of children. In its previous comments, the Committee noted that according to the ITUC and the report on the mission to Morocco of the United Nations Special Rapporteur on the issue of commercial sexual exploitation of children (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse of young girls working as housemaids, or “petites bonnes”, is among the most serious problems confronting Moroccan children. The Committee takes due note of the National Programme to combat the use of little girls as housemaids (INQAD) implemented as part of the PANE. It notes that various measures are to be taken under this programme to alert the various players about the domestic work of children and to prevent it, in particular by offering alternatives to domestic work, including the reinforcement of compulsory schooling. The Committee observes that children, particularly girls, employed in domestic work often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions because the work is illegal. It urges the Government to step up efforts to protect these children, particularly from economic and sexual exploitation, and to provide information on the measures taken to this end under the INQAD programme.

Article 8. Poverty reduction. The Committee notes that in its concluding observations on Morocco’s initial report of March 2006 on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraph 34), the Committee on the Rights of the Child noted that the Government, in cooperation of the UNDP Morocco, civil society and several NGOs, has initiated projects aimed at poverty reduction. The Committee points out that initiatives to reduce poverty contribute to breaking the poverty circle, which is essential to eliminating the worst forms of child labour, and requests the Government to provide information on any notable impact these poverty reduction projects have had in terms of eliminating of the worst forms of child labour.

The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Forced or compulsory recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes that, under the terms of section 5 of Act No. 4-99 on military service, provided by the Government, the age of compulsory conscription is set at 20 years.

Clause (b). 2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 503-2 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, punishes any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography. Subsection 2 of that section punishes any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material relating to a minor. These acts are punishable even if they are committed in other countries.

Further to its previous comments, the Committee notes with interest that the Government has provided a copy of Act No. 24-03 of 11 November 2003, amending the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted in its previous comments that the Government’s reports did not contain any information on this subject. The Committee notes that under the terms of section 330 of the Penal Code, as amended by Act No. 23-04 of 11 November 2003, any person is guilty of an offence who, exercising authority over a young person under 18 years of age, delivers such person to a vagabond or an individual living from begging. The Committee also notes the Government’s indications that the Act of 21 May 1974 repressing drug addiction and protecting drug addicts prohibits the use, possession and sale of drugs. The import and export of kif and cannabis is prohibited by the Acts of 24 April 1954 and 27 May 1954. The Committee notes that the national legislation only appears to prohibit the production and trafficking of drugs and not the use of a child for these illicit activities. The Committee recalls that by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Clause (d). Hazardous types of work. Self-employed workers and domestic workers. In its previous comments, the Committee noted that, in accordance with section 1, the Labour Code only governs contractual employment relations. It therefore noted that, by virtue of this provision, the Labour Code does not apply to labour relationships not resulting from a contract, such as work done by children on their own account. The Committee also noted that section 4 of the Labour Code provides that conditions of employment and work of domestic workers, who are linked to the head of the household by a work relationship, are laid down by a special Act, and that Act determines the relationship between employers and wage-earners and the conditions of work in purely traditional sectors.

The Committee notes the Government’s indications that the special legislation governing the conditions of work of domestic employees is under preparation. The Government confirms that children working on their own account are not protected by the Labour Code.

The Committee therefore requests the Government to take the necessary measures to secure the protection of children exercising a non-wage economic activity against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It also requests the Government to provide a copy of the special legislation governing the conditions of work of domestic employees once it has been adopted.

Article 4. Determination of hazardous types of work. In its previous comments, the Committee noted that Decree No. 2-56-1019 of 6 September 1957 concerning hazardous work prohibited for children and women contains a list of hazardous types of work. It also noted that section 147 of the Labour Code prohibits any person from causing young persons under 18 years of age to perform perilous feats of strength, acrobatic exercises or contortions, or to assign them work which endangers their life, health or morals. Section 179 of the Labour Code prohibits the employment of young persons under 18 years of age in quarries and underground work in mines. Under section 180 of the Labour Code, young persons under 18 years of age may not be employed in work on or below the surface which is likely to stunt their growth.

The Committee notes with interest that, according to the Government’s indications, the Act determining the list of hazardous types of work was adopted on 9 December 2004 and that a copy of the text has been provided. Among the types of work prohibited for young persons under 18 years of age are: the maintenance, transport or repair of mechanical machinery; the operation of steam valves; work requiring the use of scaffolding or carried out at heights; and demolition work. It also notes the Government’s indications that the texts of laws issued under the Labour Code are prepared in consultation with the social partners.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. Further to its previous comments, the Committee notes the Government’s indications that a national steering committee has been established in the context of the ILO/IPEC programme. This tripartite committee oversees the implementation of programmes of action to combat child labour, giving priority to the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the establishment of the Social Development Agency under the supervision of the Ministry of Employment, Social Affairs and Health, in the context of a poverty reduction strategy. It also noted with interest that, since the launch of the ILO/IPEC programme in Morocco, significant programmes of action have been designed and implemented to raise the awareness of the population concerning hazardous types of work performed by children and to prevent child labour in the craftwork sector in the city of Fès. The Committee notes the Government’s indications that awareness-raising measures are still being carried out with the support of UNICEF. The Committee requests the Government to continue providing detailed information on the implementation of the programmes of action for the elimination of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indications that section 503-2(1) of the Penal Code, as amended by Act No. 24-03, establishes substantial penalties for the use, procuring or offering of a child for the production of pornography. The Committee notes Act No. 24-03 of 11 November 2003 amending the Penal Code. It also notes that the statistics provided by the Government relate to judgements handed down concerning violence committed against young persons under 18 years of age and the sentences imposed. The Committee requests the Government to provide information on the number of persons prosecuted and the penalties imposed for violations of the legal provisions prohibiting the use, procuring or offering of a child for the production of pornography or for illicit activities, or the use of a child to perform hazardous types of work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Armed conflict in the Western Sahara. In its previous comments, the Committee noted, according to the Government’s report to the Committee on the Rights of the Child in February 2003 (CRC/C/93/Add.3, paragraph 570), that the Government stated that it had continued to draw the attention of the world community to the untenable situation of the detainees held by the Polisario Front at camps in Tindouf. The Government also stated that over 1,000 children had been sent to Cuba for military training or enrolled in the Polisario camps. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.211, July 2003, paragraph 56), had welcomed the ratification by Morocco of the Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict, and that it had set the minimum age for conscription at 20 years, but that it remained concerned at the situation of children living in the Western Sahara. The Committee on the Rights of the Child recommended that Morocco take all possible measures to guarantee the full protection of children affected by the armed conflict in the Western Sahara. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to indicate the measures taken to prevent children being engaged in armed conflict in the Western Sahara.

2. Access to free basic education. The Committee noted previously, under the terms of section 1 of Act No. 04-00 respecting basic education, that education is a right and an obligation for all Moroccans between the ages of 6 and 15 years and that it is free of charge. It also noted the Government’s indications that problems of retaining children at school persist and that it has responded by implementing a programme of non-formal education for young people between 8 and 16 years of age who are not in, or no longer in the school system. The Government emphasized that particular attention is devoted to girls in rural areas with a view to facilitating their integration into working life.

The Committee also noted the Concluding Observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 54), welcoming the efforts of Morocco in this respect in the context of the Five-Year Development Plan, the National Programme of Human Rights Education, launched in 1994, and the cooperation programme with UNICEF aimed at increasing the level of school enrolment of girls (1997-2001), but that it remained concerned at the high level of illiteracy, particularly among women, at the high school drop-out rate and the decreasing level of enrolment in primary education. The Committee of Experts noted that the Committee on the Rights of the Child recommended (paragraph 55) that the Government endeavour to apply additional measures, inter alia, to encourage children to stay at school.

The Committee notes the Government’s indications that the rate of school attendance in rural areas rose from 55.4 per cent to 87 per cent between 2002 and 2003, and that the education system has been reformed to improve the quality of teaching and strengthen the scientific and technical sides so as to encourage children to continue their schooling. The Government adds that Morocco has adopted a new strategy to combat illiteracy with a view to reducing the illiteracy rate to under 25 per cent by 2010. The Committee encourages the Government to continue its efforts to enable children to remain at school and requests it to continue providing information on any development in this respect.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/Q/MAR/2, page 22), it is difficult to estimate the numbers of street children, particularly because this is a recent phenomenon. It also noted that Moroccan NGOs have made considerable efforts for the integration and rehabilitation of street children and that a national strategy has been implemented with UNICEF focusing on raising awareness, strengthening legal instruments, the educational dimension and institutional aspects. The Committee further noted that, since 1995, the association BAYTI ("Street children") has developed individualized and participatory psychosocial approaches, socio-economic alternatives for reintegration, programmes for parents and the rigorous monitoring of the progress of children. In addition, it noted that, according to a study carried out by the Secretariat of State for Social Protection, the Family and Children on the subject of street children in major cities and towns, they were distributed as follows: 29 per cent were under 10 years of age, 39 per cent were between 10 and 14 years and 30 per cent between 15 and 18 years.

The Committee notes that, according to the Government’s indications, the Secretariat of State for the Family, Children and the Disabled has recently prepared a reintegration, education and protection programme for street children. This programme is based on an integrated action strategy envisaging the establishment of local centres, the strengthening of legal instruments and the mobilization of all potential partners. The Committee requests the Government to keep it informed of the impact of this strategy in terms of protecting street children against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee noted previously the Government’s indications that the labour inspectorate is the competent body for monitoring and supervising the implementation of the provisions giving effect to the Convention. The Committee however observed that, in an observation made in 2003 on the Labour Inspection Convention, 1947 (No. 81), it had noted that studies on child labour in Morocco carried out in the context of the research project launched by the ILO, with the cooperation of UNICEF and the World Bank, had shown that the difficulties of monitoring child labour were essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee notes the Government’s indications that 40 officials of the Ministry of Employment have received specific training with a view to their reassignment within the staff of the labour inspectorate. Noting the absence of information on the activities of the labour inspectorate, the Committee once again requests the Government to provide information on the number of inspections carried out each year and the results of these investigations with regard to the extent and nature of the infringements reported concerning young persons under 18 years of age engaged in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/93/Add.3, paragraph 617), the Ministry of Employment has adopted several initiatives to strengthen its national intervention strategy, including the signature of a Memorandum of Understanding with the United States Department of Labor with a view to following the "education initiative" programme, the preparation of an inventory of the situation of child labour ("the UGW project") in collaboration with ILO/IPEC, UNICEF and the World Bank, the preparation of a statistical information and monitoring programme on child labour (SIMPOC) and the development of cooperation with UNICEF and the World Bank. The Committee notes the Government’s indications that it is cooperating with United Nations agencies to combat poverty and that a United Nations Development Assistance Framework (2002-06) has been concluded.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the application of the Convention has not raised any difficulties in practice and that the Department of Labour of the Ministry of Employment is working in close collaboration with the IPEC/Morocco programme. The Committee notes the Government’s indication that the external services of the labour inspectorate, and the central labour inspection service, are still not computerized, which makes it difficult to disaggregate the reports of labour inspectors by subject. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties, as soon as they are available. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the indications of the International Confederation of Free Trade Unions (ICFTU), according to which young Moroccan girls are the victims of trafficking to the Middle East and to Europe for the purpose of prostitution. It also noted that section 467-1 of the Penal Code, as amended, prohibits the sale or purchase of a young person under 18 years of age. Furthermore, it noted the Government’s indications that Act No. 24-03, amending and supplementing certain sections of the Penal Code, introduces the concept of the trafficking of children and establishes severe penalties for the sale or purchase of young persons under 18 years of age.

The Committee notes that the text of the Act has been provided, as requested, and notes with satisfaction that under section 467-1 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, "any act or transaction involving the transfer of a child [under 18 years of age], from one or more individuals to one or more other persons in exchange for compensation of any type whatsoever" is prohibited. It is also prohibited to facilitate or assist in the sale or purchase of a child under 18 years of age.

2. Forced or compulsory labour. In its previous comments, the Committee noted the indications of the ICFTU that the prohibition by law of forced labour is not enforced effectively by the Government. According to the ICFTU, domestic work under conditions of servitude is a common practice in the country. Parents sell their children, sometimes as young as 6 years of age, as domestic servants. The ICFTU also reported that families adopt young girls to use them as servants and that specific legislative measures were therefore necessary.

The Committee also noted the ICFTU’s indications that around 50,000 children work as domestic servants in Morocco. It further noted that, according to the ICFTU, around 80 per cent of these servants come from rural areas and are illiterate, 70 per cent of them are under 12 years of age and 25 per cent are under 10 years of age. In addition, it noted that, according to the ICFTU and the report on the mission on the commercial sexual exploitation of children carried out by the Special Rapporteur in the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse, of which young girls working as servants or petites bonnes are the victims, is one of the most serious problems confronting Moroccan children.

In reply to the above comments, the Government indicates that section 2 of the Labour Code provides that a special law shall determine the conditions for the hiring of domestic workers. It adds that a Bill has been prepared by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners will be consulted before its adoption. The Government adds that information and awareness-raising campaigns concerning the work of petites bonnes are organized by the Government, the Observatory for the Rights of the Child, UNICEF and NGOs.

The Committee notes that section 10 of the Labour Code prohibits forced labour, but that this prohibition only applies to employed persons. Furthermore, it observes that, under the terms of section 467-2 of the Penal Code, only forced labour by persons under 15 years of age is prohibited.

The Committee reminds the Government that by virtue of Article 3(a) of the Convention, forced labour by young persons under 18 years of age constitutes one of the worst forms of child labour and that under Article 1 of the Convention immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee expresses great concern at the situation of children subjected to forced labour, including petites bonnes. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation prohibits forced labour by young persons under 18 years of age, whether or not they are in wage employment. Furthermore, it urges the Government to redouble its efforts to eliminate without further ado the economic and sexual exploitation of petites bonnes and requests it to keep it informed of the measures adopted and the results achieved in this field. It also requests the Government to take the necessary measures to ensure that persons who avail themselves of the forced labour of young persons under 18 years of age are prosecuted and that effective and dissuasive penalties are imposed. It further requests the Government to provide a copy of the Act governing the conditions of employment and work of domestic workers as soon as it is adopted.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the ICFTU’s allegations of the frequent cases of forced prostitution in some regions of the country, particularly in tourist towns and towns where there are major military installations. It also noted the Government’s indications that aiding, abetting or procuring young persons under 18 years of age for the purpose of prostitution is prohibited by section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003. It requested the Government to provide a copy of this Act.

The Committee notes with satisfaction that section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, prohibits the acts of aiding, abetting or protecting the prostitution of another person, receiving part of the earnings from the prostitution of another, or delivering, procuring or enticing a person into prostitution. Under the terms of section 499 of the Penal Code, the penalties are more severe where the above acts are committed in relation to a person under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted with interest that the Government has established many programmes of action since the launch of the ILO/IPEC programme in Morocco. Further to its previous comments, the Government indicates that between June 2001 and June 2005 the various measures taken have led to the removal from work of 2,500 children under 15 years of age, the prevention of 8,740 children from being engaged in work at an early age and the improvement of the living and working conditions of 4,866 children. The Committee requests the Government to continue providing information on the implementation of these programmes of action and on their impact in terms of protecting and removing child victims of sale and trafficking, forced labour and prostitution.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that the Penal Code establishes sufficiently effective and dissuasive penalties for the sale and purchase of young persons under 18 years of age (section 467-1), forced labour by children under 15 years of age (section 467-2) and the prostitution of persons under 18 years of age (sections 498, 499 and 501). The Committee notes the information provided by the Government on the judgments handed down by the various courts of appeal in the country relating to violence against young persons under 18 years of age. Noting the absence of detailed information on the types of violence concerned, the Committee requests the Government to specify the number of persons prosecuted and convicted for violations of the provisions prohibiting the sale and trafficking of children, forced labour, the use, procuring or offering of a child for prostitution, and the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its previous comments, the Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, May 2003, page 21) and the report on the situation relating to the sexual exploitation of children in the Middle East and North Africa (MENA) region (page 3) prepared for the Preparatory Regional Conference for the Yokohama Conference, it was very difficult to assess the extent of the sexual exploitation of children for both prostitution and pornography and that the data collected by the police and the judiciary only reflect part of the reality. The Committee also noted that there was a great deal of interest in the country in the subject and that it was the first Arab Muslim country to have complied with the request of the Special Rapporteur on the sale of children, child prostitution and child pornography to visit the country. The Committee further noted that a national plan of action to combat the sexual exploitation of children was under preparation by the Secretariat of State for the Family, Solidarity and Social Action. It requested the Government to provide information on the time-bound measures adopted to remove children from sexual exploitation and to ensure their rehabilitation and social integration.

The Committee notes with interest the Government’s indications that studies on the sexual exploitation of children were undertaken in 2004 by the Secretariat of State for the Family, Children and the Disabled, with the support of UNICEF and other partners, in Marrakech, Casablanca and Essaouira. The Government adds that 23 cases of procuring were brought to the relevant courts in 2003. The Committee also notes that training and awareness sessions have been organized for childrens’ judges, social workers and social assistants with a view to improving the implementation of the provisions of the Penal Code. Furthermore, the Government indicates that child victims of sexual exploitation can obtain assistance from health centres and institutions responsible for the rehabilitation and reintegration of child victims.

The Committee is also addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The  Committee notes the Government’s first report. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information communicated by the Government in its report, according to which Morocco has developed a national plan and sectoral action plans concerning child labour, with the support of ILO/IPEC, since 2000 and implemented them since 2001. It notes that Morocco signed a Memorandum of Understanding (MOU) with ILO/IPEC on 5 April 2000. The Committee notes that since then a number of pilot projects have been carried out, particularly: a national programme for raising awareness of hazardous work with the Association AFAK in Casablanca; a programme for the elimination of child labour in the craft sector in Fès in collaboration with UNICEF; a programme for the elimination of child labour in the province of El Haouz with the Association Afoulki; a vocational training programme for children removed from work in Tangier with the Association Darna; and the promotion of the Act on compulsory schooling with the Association INSAF. The Committee also notes the Government’s indication to the effect that important measures have been adopted at national level in order to reduce the scale of this phenomenon, such as general poverty reduction policies, the widespread provision of schooling, the promotion of vocational training and literacy campaigns. The Committee requests the Government to continue to provide information on the measures taken and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Article 15 of the Constitution imposes an obligation on all citizens to contribute towards the defence of the homeland. It also notes that, according to the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 56), the minimum age for compulsory recruitment has been set at 20 years. It requests the Government to provide a copy of the legislative provision.

Clause (b). 2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s indication to the effect that section 503-2 of the Penal Code amended by Act No. 24-03 punishes any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography by any representation through whatever means of a child engaging in explicit sexual activity, whether real or simulated, or any representation of a child’s genital organs for sexual purposes. Subsection 2 of that section punishes any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material relating to a minor. These acts are punishable even if committed in different countries. The Committee requests the Government to send a copy of this text.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s reports do not contain any information on this subject. The Committee reminds the Government that it is required under Article 1 to take immediate measures to prohibit the worst forms of child labour. It accordingly requests the Government to introduce the appropriate measures as soon as possible. The Committee requests the Government to indicate the existing legislative provisions which prohibit the use, procuring or offering of a child for illicit activities. If no legislative provisions exist to this end, the Committee requests the Government to take measures to prohibit this worst form of child labour.

Clause (d). 1. Hazardous work. The Committee notes that section 181 of the Labour Code prohibits the employment of minors under 18 years of age in work which is: potentially excessively dangerous; beyond their strength; or is likely to harm their morals.

2. Self-employed workers and domestic workers. The Committee observes that section 1 of the Labour Code only governs contractual employment relationships. The Committee notes that, by virtue of this provision, the Labour Code does not apply to labour relationships not resulting from a contract, such as work done by children on their own account. It therefore requests the Government to indicate the measures taken or contemplated to ensure the protection of children performing an unwaged economic activity, such as work done by children on their own account, against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also notes that section 4 of the Labour Code states that conditions of employment and work of domestic workers, who are connected to the head of the household by a labour relationship, are laid down by a special Act and that an Act determines the relationship between employers and employees and the conditions of work in purely traditional sectors. The Committee requests the Government to indicate the occupational categories of employees who are not subject to the Labour Code, and to supply it with a copy of the Act applying to domestic work and of the Act governing conditions of work in traditional sectors.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Decree No. 2-56-1019 of 6 September 1957 concerning hazardous work prohibited for women and children lists types of hazardous work. It requests the Government to indicate whether this text is still in force. The Committee also notes that, under section 147 of the Labour Code, it is prohibited for any person to make minors under 18 years of age perform perilous feats of strength, acrobatic exercises or contortions or to assign them work which endangers their life, health or morals. Section 179 of the Labour Code prohibits the employment of minors under 18 years of age in quarries and in underground work performed at the bottom of mines. Under section 180 of the Code, minors under 18 years of age may not be employed in work on or below the surface which is likely to stunt their growth. The Committee also notes the information communicated by the Government in its report to the effect that a regulatory text is being prepared, which will determine the list of types of hazardous work.

The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation states that, in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

The Committee hopes that the list of types of hazardous work will be adopted promptly and requests the Government to send a copy once it is adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4 of the Convention. The Committee hopes that the Government, in determining the types of hazardous work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190.

Article 4, paragraphs 2 and 3. Identifying where types of hazardous work exist and periodic revision of the list of types of hazardous work. The Committee notes with interest that the Government indicates that, in the context of expanding the areas of intervention of the IPEC/Morocco programme, it is planned to organize a process for identifying where the types of work determined by the regulatory texts exist, focusing on two aspects: contributing to a national environment which promotes the fight against the worst forms of child labour and taking direct action in rural areas with a view to eliminating those forms. The Committee notes that, according to the Government’s report, the results of the process for identifying where types of hazardous work exist will be communicated and that, as part of that process, it is planned to revise the adopted list. It therefore requests the Government to communicate these results as soon as it knows them, to provide information on the manner in which the list will be examined periodically, and to indicate the consultations held with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. The Committee notes that the Government indicates that the labour inspectorate is the competent body for monitoring and supervising the application of the provisions giving effect to the Convention. Monitoring by the labour inspectors takes the form of inspection visits and the labour inspectors send reports of inspection visits to the central labour inspectorate. The Committee also notes the information provided by the Government in its report to the effect that, in cases of infringements, labour inspectors draw up reports which are transmitted to the competent jurisdiction for their ruling. Labour inspectors and employers’ organizations receive training on the subject of child labour. The Committee notes with interest that training on hazardous work has been included in the new programme intended to expand the areas of intervention of the IPEC/Morocco programme. The Committee also notes that, under section 532 of the Labour Code, labour inspection officials are responsible for: (1) ensuring the application of legislative and regulatory provisions concerning labour; (2) providing technical information and advice to employers and employees on the most effective methods in conformity with legal provisions; (3) bringing to the notice of the Government authority responsible for labour the gaps or defects in certain legislative and regulatory provisions in force; (4) making attempts at conciliation relating to individual labour disputes. Under section 533 of the Labour Code, labour inspection officials are authorized to enter freely and without previous notice any workplace liable to inspection and places where employees work at home. If such places are inhabited, labour inspectors must obtain prior permission from the inhabitants. They are also authorized to undertake any controls, inquiries or investigations deemed necessary. Section 546 of the Labour Code punishes any person who obstructs labour inspection officials in the performance of their duties.

The Committee requests the Government to continue to provide information on the working of the labour inspectorate, particularly by means of extracts from reports or documents, and to indicate whether other mechanisms have been established to monitor the application of the provisions giving effect to the Convention. It also requests the Government to indicate the consultations held with employers’ and workers’ organizations, in accordance with the provisions of Article 5 of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, the setting up of the social development agency under the supervision of the Ministry of Employment, Social Affairs and Health, in the context of a poverty reduction strategy. In this context, a programme to support associations in rural areas has been implemented, and public expenditure for social sectors has been increased.

The Committee notes with interest that, since the launch of the IPEC/Morocco programme, important action programmes have been drawn up and implemented. In particular, the national awareness campaign on hazardous work performed by children, the aim of which is the production and dissemination of audio cassettes and the organization of radio campaigns, and a programme for the prevention of child labour in the craft sector in the city of Fès. Its objectives are to provide high-quality education, to raise awareness among craft workers, to improve living conditions and to provide financial support for families. The Committee requests the Government to continue to provide information on the implementation of these action programmes.

Article 6, paragraph 2. Consultations. The Committee notes that the Government indicates that all the programmes were approved by the members of the National Steering Committee of the IPEC/Morocco programme, composed of representatives of employers’ and workers’ organizations, NGOs, ministerial departments concerned with children’s issues, UNICEF and sponsors. The views of all Committee members are taken into consideration before action programmes are approved.

Article 7, paragraph 1. Penalties. The Committee notes the information provided by the Government to the effect that section 503(2)(1) of the Penal Code as amended states that any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography by any representation through whatever means of a child engaging in explicit sexual activity, whether real or simulated, or any other representation of the genital organs of a child for sexual purposes, shall be liable to imprisonment of one to five years and a fine of 10,000 to 1,000,000 dirhams. Clause 2 states that the same penalty is applicable to any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material concerning a minor. These acts are liable to punishment even if committed in different countries. The same penalties apply to any attempts to commit these acts. The Committee requests the Government to provide a copy of Act No. 24-03 amending the Penal Code published on 15 January 2004.

The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Armed conflict in the Western Sahara. The Committee notes, according to the Government’s report to the Committee on the Rights of the Child in February 2003 (CRC/C/93/Add.3, paragraph 570), that Morocco recalled that it had continued to draw the attention of the world community to the untenable situation of the detainees held by the Polisario Front at camps in Tindouf. The Government states that over 1,000 children were sent to Cuba for military training or recruited in the Polisario camps. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of July 2003 (CRC/C/15/Add.211, paragraph 56) welcomed the ratification by Morocco of the Optional Protocol to the Convention on the involvement of children in armed conflict and the setting of the minimum age for compulsory recruitment into the armed forces at 20 years, but it remained concerned at the situation of children living in Western Sahara. The Committee recommended that Morocco take all possible measures to guarantee the full protection of children affected by the armed conflict in Western Sahara. The Committee therefore requests the Government to indicate the measures taken to prevent the involvement of children in the armed conflict in Western Sahara.

2. Providing access to free basic education. The Committee notes the Government’s statement that section 1 of Act No. 04-00 concerning basic education states that education is a right and an obligation for all Moroccans between 6 and 15 years of age and that it is free of charge. It also notes that Order of the Minister for National Education and Young People No. 1036-00 of 24 April 2003 states that any person responsible for a child must enrol him or her in the first year of primary education at the age of six years (sections 1 and 2), and that the person responsible for the child must ensure his or her regular attendance at the school where he or she is enrolled. Any failure to do so shall incur a warning from the delegate of the Ministry of National Education and Young People. The Committee notes that the Government mentions in its report that problems of keeping children at school persist, and it has responded by implementing a programme of informal education for young people between 8 and 16 years of age who are not in, or no longer in, the education system whereby they receive training for three years aimed at their integration or reintegration into the education/training system. The Government emphasizes that particular attention is devoted to girls in rural areas with a view to facilitating their integration into working life. Since this programme was launched in 1997, a total of 113,545 children not in, or no longer in, the education system have received informal education. As regards working children, the total number of beneficiaries during the period 1999-2002 was 25,937, 60 per cent of which were girls.

The Committee also notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 54), welcoming the efforts of Morocco in this respect in the context of the Five-Year Development Plan, the National Programme for Human Rights Education launched in 1994, and the cooperation programme with UNICEF aimed at increasing the level of school enrolment for girls (1997-2001), but remains concerned at the high level of illiteracy, particularly among women, at the high drop-out rate and the decreasing enrolment in primary education. The Committee notes that the Committee on the Rights of the Child recommended (paragraph 55) that the Government endeavour to apply additional measures, inter alia, to encourage children to stay in school. The Committee requests the Government to continue to provide information on this matter.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/MAR/2, p. 22), indicates that it is difficult to estimate the numbers of street children, particularly because this is a recent phenomenon. It indicates that Moroccan NGOs have made considerable efforts towards the reintegration and rehabilitation of street children. The Committee also notes the information provided by the Government to the effect that a national strategy has been implemented with UNICEF focusing on raising awareness, strengthening judicial instruments, the educational dimension and the institutional aspect. The Committee also notes that, since 1995, the Association BAYTI ("Street children") has developed individualized and participatory psycho-social approaches, socio-economic alternatives for reintegration, programmes for parents and rigorous monitoring of the progress of children. It also notes that the Secretariat of State for Social Protection, the Family and Children has carried out a study on street children in major cities and towns. Their numbers are distributed as follows: 29 per cent were under 10 years of age, 39 per cent between 10 and 14 years of age and 30 per cent between 15 and 18 years of age. It requests the Government to keep it informed on effective measures taken to ensure that these vulnerable street children are protected against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government indicates in its first report that the labour inspectorate is the competent body for monitoring and supervising the application of the provisions giving effect to the Convention. The Committee observes, however, that in an observation relating to the Labour Inspection Convention, 1947 (No. 81), submitted in 2003, it noted that studies carried out in the context of the research project launched by the ILO, with the cooperation of UNICEF and the World Bank, on child labour in Morocco generated statistics on the scale and the geographical, sectoral and gender distribution of child labour. These studies show that monitoring difficulties with regard to child labour are essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee therefore requests the Government to indicate the measures taken or contemplated for reinforcing the means at the disposal of labour inspectors.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government indicates in its report to the Committee on the Rights of the Child (CRC/C/93/Add.3, paragraph 617), that a number of measures have been taken and numerous activities have been organized in collaboration with UNICEF. It also states that the Ministry of Employment has adopted a number of initiatives to strengthen its national intervention strategy, such as the signature of a Memorandum of Understanding with the United States Department of Labor with a view to following the "education initiative" programme; the preparation of an inventory concerning the situation of child labour ("UGW project") in collaboration with ILO/IPEC, UNICEF and the World Bank; the preparation of a statistical information and monitoring programme on child labour (SIMPOC); and the development of cooperation with UNICEF and the World Bank.

The Committee notes that Morocco is a member of Interpol, an organization which aids cooperation between the countries of different regions, especially in the fight against the trafficking of children. It also notes that Morocco ratified the Convention on the Rights of the Child in June 1993 and the Optional Protocol on the sale of children, child prostitution and child pornography in October 2001. The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including by measures which promote economic and social development and support poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in its report to the effect that the application of the Convention has not encountered any practical difficulty, and that the Department of Labour at the Ministry of Employment is working in close collaboration with the IPEC/Morocco programme.

The Committee also notes the Government’s indication that the external departments of the labour inspectorate and the central labour inspection department are not computerized and this makes it difficult to divide by subject the observations recorded by labour inspectors. The Government states that statistics on working children are not currently available. The Committee notes, however, that once these departments are computerized, data on working children will be available and will be communicated.

It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties, as soon as they are available. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes a comment sent by the ICFTU on 4 June 2003, which was transmitted to the Government. The Government replied on 9 September 2003. The Committee requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or similar practices. 1. Sale and trafficking of children. The Committee notes that the ICFTU indicates that it is widely reported that international trafficking exists, with girls being sent to the Middle East and Europe to work as prostitutes. The Committee notes that section 467-1 of the Penal Code punishes any person who sells or purchases a child under 18 years of age. The Committee also notes that the Government indicates that Act No. 24-03 amending and supplementing certain sections of the Penal Code contains a number of innovations with regard to children. According to the Government, it introduces the concept of the trafficking of children and lays down severe penalties for the sale or purchase of children under 18 years of age. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children not only for economic exploitation but also for sexual exploitation, particularly prostitution, is considered to be one of the worst forms of child labour. The Committee notes the adoption of this new Act and requests the Government to provide a copy of the text.

2. Forced or compulsory labour. The Committee notes the ICFTU’s statement to the effect that forced or compulsory labour is prohibited by law but that the Government does not apply this prohibition effectively. The ICFTU states that domestic work under conditions of servitude is common practice in Morocco and poverty obliges some parents to sell their children, sometimes as young as 6 years of age, as domestic servants. For 16 hours of work per day, the parents receive an average of US$7 per week. The ICFTU indicates that another practice is servitude under conditions of adoption, which is socially acceptable but not regulated by the Government. Under this practice, families adopt girls and use them as servants. In this regard, the ICFTU states that it is necessary to adopt specific regulations to prohibit domestic servitude. The Committee notes the Government’s reply to the effect that section 10 of the new Labour Code, adopted in September 2003 and promulgated on 6 May 2004, expressly prohibits forced labour and lays down severe penalties for any persons contravening the provisions of this section. The Government indicates the applicable provisions, including section 467-2 of the Penal Code, which states that any person who exploits a "child under 15 years of age" for the purpose of forced labour acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation, shall be liable to punishment. Section 467-2(2) of the Penal Code states that forced labour means any act which compels a child to perform work prohibited by law or to commit an act which is harmful to his health, safety or morals.

The Committee notes that, under section 10 of the Labour Code, forced labour is prohibited. The Committee notes, however, that this prohibition applies only to "employees". The Committee requests the Government to indicate how children who are not in paid work are protected against forced labour. Also noting that section 467-2 of the Penal Code prohibits forced labour only for children under 15 years of age, the Committee recalls that the prohibition of forced labour under Article 3(a) of the Convention applies to all "children under 18 years of age". The Committee therefore requests the Government to indicate any legislative measure taken or contemplated to prohibit forced labour for all children under 18 years of age, including forced labour for "adopted" children.

Clause (b). Use, procuring or offering of a child for prostitution. The ICFTU states that cases of forced prostitution are frequently reported in some regions of Morocco, particularly in towns or cities where there are large numbers of tourists or near to which major military installations are located. The Committee notes the information contained in the Government’s communication to the effect that section 497 of the Penal Code penalizes any person who habitually instigates, favours or facilitates the debauchery or corruption of minors of either sex under 18 years of age. It notes that section 498 of the Penal Code penalizes any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) in any way shares the proceeds of the prostitution of others or receives financial support from a person who habitually engages in prostitution; (3) lives with a person who habitually engages in prostitution; (4) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (5) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. The Committee also notes that the Government’s report refers to Act No. 24-03 of 15 January 2004, which incorporates provisions from the Optional Protocol to the Convention on the Rights of the Child on pornography and child prostitution. It requests the Government to provide a copy of this Act.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest the Government’s indication that, since the launch of the IPEC/Morocco programme, important programmes have been drawn up and implemented. These include: an integrated programme for mobilization against child labour in Khénifra, a particular objective of which is the removal of children from work; a programme for combating child labour in Salé, which aims to increase awareness of work performed at an early age, improve living conditions and remove children from work while providing financial support for their families; contributing towards the elimination of child labour by promoting the Act on compulsory schooling; a literacy and vocational training programme for young people in the city of Tangier, which aims to provide vocational training for children who are at risk of having to work; contributing towards the elimination of child labour in the province of El Haouz by a programme of schooling and support courses for children at risk of having to work, as well as the removal of children from their workplaces; and a "Red card to child labour" programme, which aims to raise awareness of child labour. The Committee notes that, according to the Government’s report, during 2002 and the first half of 2003, a total of 1,310 children were removed from work as a result of these programmes, with financial support provided for 150 families, and that public opinion has been alerted to this problem. The Committee also notes that, according to the IPEC report of June 2004, the objective is that by the end of the project at least 5,000 children will have been removed from the worst forms of child labour and rehabilitation services will be available in 40 target villages.

The Committee requests the Government to continue to provide information on the implementation of these programmes of action and on their impact on the protection and removal of children who are victims of forced labour or of the sale, trafficking or sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes that penalties have been adopted to ensure observance of the provisions giving effect to the present Convention. The Committee notes that section 467-1 of the amended Penal Code lays down the penalty of imprisonment of two to ten years and a fine of 5,000 to 2,000,000 dirhams for any person who sells or purchases a child under 18 years of age. Section 467-2 of the same Code states that any person who exploits a child under 15 years of age for the performance of forced labour, acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation shall be liable to imprisonment of one to three years and a fine of 5,000 to 20,000 dirhams. Subsection 2 of the same section indicates that forced labour means any act forcing a child to carry out work prohibited by law or to commit an act which is harmful to his health, safety or morals. The Committee also notes that section 497 of the amended Penal Code states that any person who incites, favours or facilitates the debauchery of minors under 18 years of age shall be liable to imprisonment of two to ten years and a fine of 120 to 5,000 dirhams. Section 498 imposes a sanction of imprisonment of six months to two years and a fine of 20,000 to 200,000 dirhams on any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (3) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 499 of the Code adds that the penalties laid down in the previous section are increased to imprisonment of two to five years and a fine of 500 to 20,000 dirhams where the offence has been committed in relation to a minor under 18 years of age. The Committee also notes that section 501 of the Penal Code imposes a penalty of imprisonment of two to five years and a fine of 500 to 20,000 dirhams for any person who habitually receives one or more persons who engage in prostitution in a hotel, guest house, drinking establishment, club, society, dance hall, show venue or annexes thereof which are open to the public or used by the public and of which he is the owner, manager or superviser. The same penalties are applicable to any person who assists such an owner, manager or superviser. Section 501 states that, in all cases, the judgement pronouncing the conviction provides for the withdrawal of the convicted person’s licence and for the temporary or permanent closure of the establishment. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and provision for their rehabilitation and social integration. The Committee notes that the Government, in its second periodic report of February 2003 submitted to the Committee on the Rights of the Child, indicates that the protection of children from all forms of sexual exploitation is not confined to legal texts established for this purpose and notes that some initiatives have been taken to raise awareness of the threat that sexual exploitation poses for children, especially those who are most vulnerable, such as street children, abandoned children and domestic servants. The Committee also notes that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, page 21) in May 2003, indicates that it very difficult to evaluate the extent of the sexual exploitation of children, for a number of reasons and in particular because it is a relatively taboo subject. The Committee notes that the Government indicates that a great deal of attention is now being given to the issue and that Morocco is the first Arab Muslim country to have complied with the request of the Special Rapporteur on the sale of children, child prostitution and child pornography to visit Morocco. The Committee also notes that Morocco, under the auspices of the Secretariat of State for Family Issues, Solidarity and Social Action, has started the process for drawing up a national plan of action for combating the sexual exploitation of children, focusing on prevention, protection, rehabilitation and reintegration, as well as strengthening the judicial machinery and reinforcing the institutional framework.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.211, paragraph 62), welcomes the hosting by the State party of the Arab-African Forum against Commercial Sexual Exploitation of Children in preparation for the Yokohama Congress but remains concerned at the high incidence of sexual exploitation in the State party. The Committee notes that, in the context of the preparation of the second World Congress against Commercial Sexual Exploitation of Children, which was held in Yokohama in December 2001, a regional Arab-African Forum in preparation for the Congress was held in Morocco in October 2001. The Forum brought together the representatives of 65 countries, including Morocco. The Committee notes that the report on the situation of sexual exploitation of children in the Middle East and North Africa (MENA) region indicates (page 3) that it very difficult to evaluate the extent of sexual exploitation of children in the countries concerned, for a number of reasons, and that the data collected by the police and judiciary only reflect part of the reality. In Morocco in 1999, a total of 102 cases of sexual abuse were recorded, and there were 69 cases in 2000 and 210 cases in the first three months of 2001, with about two-thirds involving girls. The Committee also notes that, according to the same report (page 5), no data exist on child pornography, sex tourism and the use of new technologies (Internet), and that these forms of sexual exploitation are considered to be non-existent in the region. The report states that the explosive growth of the sex industry, the use of new information technologies and their impact on the massive worldwide commercialization of children as sexual objects, do not appear to be a source of concern for the countries of the region. The Committee also notes that a toll-free telephone line has been set up, to which children who are victims of abuse have access (report, page 7). It also notes that, according to the same report (page 8), the Association ENAKHIL provides aid to children who are victims of sexual violence or engage in prostitution. The Forum concluded with the adoption of the Rabat Declaration, under which the participating countries undertook to draw up and implement plans of action to prevent and eradicate the sexual exploitation of children. The Committee requests the Government to provide information on the effective and time-bound measures taken to provide the appropriate direct aid necessary for removing children from sexual exploitation and ensuring their rehabilitation and social reintegration into society.

Clause (e). Taking account of the special situation of girls. Domestic servants. The Committee notes that the ICFTU indicates in its observations that the employment of children, especially girls, as domestic servants (petites bonnes) is common practice. It indicates that the number of children working as domestic servants is estimated at 50,000. About 13,000 girls under 15 years of age are employed as servants in Casablanca. The ICFTU states that 80 per cent of these servants come from rural areas and are illiterate, that 70 per cent of them are under 12 years of age, and 25 per cent are under 10 years of age. Children working as domestic servants are often victims of physical and psychological abuse.

The Committee also notes that, according to the report on the mission of the Special Rapporteur on the issue of commercial sexual exploitation of children to the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), several government ministries, United Nations agencies and most NGOs, with which the Special Rapporteur had contact, confirmed that the situation of widespread abuse of young girls working as servants (petites bonnes) is among the most serious problems confronting Moroccan children. In most cases, the girls are sent by their families from rural areas to work as domestic servants in the big cities, especially Casablanca, Marrakech, Rabat, Meknès, Tangier, Agadir and Fès. The Committee notes that once the girls arrive in their employer’s home, they are extremely vulnerable to exploitation. The Committee notes that the results of a government inquiry, presented at a day of study and reflection held by the Moroccan League for the Protection of Children, in collaboration with UNICEF, in 1996, showed that 72 per cent of girls began their working day by 7 a.m. and 65 per cent did not finish until after 11 p.m. The Special Rapporteur is particularly concerned at the vulnerability of these girls to physical and sexual abuse. The Ministries of Human Rights and Foreign Affairs and the Parliamentary Commission on Social Affairs confirmed that there were many cases of rape and ill-treatment (paragraphs 18 and 19). The Committee notes that the Committee on the Rights of the Child noted in its concluding observations in July 2003 (CRC/C/15/Add.211, paragraph 60) the efforts of Morocco to combat child labour but expressed deep concern at the situation of domestic servants (petites bonnes), mostly girls, who are subjected to harsh working conditions and abuse. The Committee on the Rights of the Child recommended that Morocco take all necessary measures to prevent and end the practice of children working as domestic servants through a comprehensive strategy, notably by conducting debates and awareness campaigns, providing guidance and support to the most vulnerable families, and addressing the root causes of the phenomenon.

The Committee requests the Government to provide information on the effective and time-bound measures taken or contemplated in order to protect young female domestic servants under 18 years of age from the worst forms of child labour.