Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (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.