Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee previously noted that article 139 of the Constitution provides that military service is regulated by law. The Committee requested the Government to indicate whether the existing legislation prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict. The Committee notes the Government’s statement that there is no explicit legislative text which prohibits the compulsory recruitment of children, though article 34 of the Constitution contains a general prohibition on forced labour, except in exceptional circumstances.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the extracts of the Penal Code included in the Government’s report.  The Committee notes that, by virtue of section 363 of the Penal Code, it is an offence to incite or help a man or a woman to commit prostitution or debauchery, and that section 365 of the Penal Code provides that a person who manages a place for debauchery or prostitution commits a criminal offence. The Committee also notes that, by virtue of section 366 of the Penal Code, it is prohibited to exploit, by any means, the debauchery or prostitution of another person. The Committee also notes the Government’s indication that the jurisprudence interprets the term “debauchery” to mean acts which violate honour, and the canonical law of Islam, including entertaining illegal sexual relationships intended to corrupt morality, or to make a profit from such an act. The Committee requests the Government to clearly indicate if the use, procuring or offering of a person under the age of 18 for the production of pornography or pornographic performances is included in the term “debauchery” contained in sections 363, 365 and 366 of the Penal Code.

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 the Government’s indication that section 42 of Federal Law No. 4 of 2002 concerning money laundering provides that a person, who exposes a juvenile to vagabondage and delinquency or incites a juvenile to commit an offence, commits a crime. The Committee requested the Government to indicate whether this provision prohibited the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that section 42 of Federal Law No. 9 of 1976 prohibits preparing, assisting, inciting or facilitating (in any manner) a young person to commit a crime, even if the crime is not committed, and that this includes a prohibition on the employment of a young person for the production and trafficking of drugs, in accordance with the law on young persons.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee previously noted that Ministerial Order No. 5/1 of 1981, which lists operations that are dangerous, arduous or detrimental to health, and prohibits the employment of young persons in those occupations, applies to young persons under the age of 17. It also noted that the draft amended text of section 20 of the Labour Code states that persons under the age of 18 years may neither be employed in exhausting tasks nor in tasks which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee further noted that the draft amended text of section 20 of the Labour Code will replace Ministerial Order No. 5/1 of 1981 and noted the Government’s indication that this amendment was going through the constitutional channels for its adoption. The Committee expressed the hope that the draft amended text of section 20 of the Labour Code would soon be adopted and requested the Government to indicate what types of hazardous work are prohibited to young persons under 18 years pursuant to this section.

The Committee notes the copy of the draft amended text of section 20 of the Labour Code in the Government’s report, and observes that section 20(3) prohibits the employment of persons under 18 years of age in hazardous work, and that such types of employment shall be determined by virtue of a Ministerial Order, after consultation with the competent authorities. The Committee also notes that, while the Labour Code was amended by Federal Law No. 8/2007, these amendments did not include the drafted amended text of section 20 and notes an absence of information in the Government’s report on any progress with regard to its adoption. Therefore, the Committee requests the Government to take immediate and effective measures to ensure the adoption of the draft amended text of section 20 of the Labour Code, on the prohibition of hazardous work for persons under 18. Following the adoption of this amendment, the Committee also requests the Government to take the necessary measures to ensure, following consultation with the organizations of employers and workers concerned, the promulgation of a Ministerial Order to determine the types of hazardous work prohibited for persons under 18, pursuant to the draft amended text of section 20. The Committee requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 1. Penalties. The Committee previously noted the Government’s indication that an amendment to section 181 of the Labour Code had been drafted containing additional details on penalties for violations of this Code. It requested the Government to provide information on any progress towards the adoption of draft amended section 181 of the Labour Code and to provide information on the penalties applicable to persons who employ children under 18 years in hazardous work in violation of the draft amended section 20 of the Labour Code. The Committee notes the information in the Government’s report submitted under Convention No. 138 that, pursuant to section 181 of the Labour Code, as amended, any person who violates the obligatory provisions of the Code shall be subject to a minimum fine of 10,000 dirhams (approximately US$2,722), sentenced to imprisonment or both. The Committee also notes that sections 182 and 183 of the Labour Code provide for harsher penalties if this violation is committed with regard to numerous employees or had been committed several times within a year.