Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 138) sur l'âge minimum, 1973 - Maroc (Ratification: 2000)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(1) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. 1. Children working in informal artisanal activities and other sectors. In its previous comments, the Committee noted that, according to the International Trade Union Confederation (ITUC), child labour was common in informal artisanal activities. It also noted that, according to the report entitled “Understanding Children’s Work in Morocco”, 7 per cent of children between 7 and 14 years of age were engaged in work, while 18 per cent of children were economically active in the 12 to 14 age group. According to this study, 87 per cent of working children were in rural areas, where they worked in agriculture. The Committee also observed that, under section 4 of the Labour Code, children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not enjoy the protection of the Labour Code and, consequently, do not benefit from the application of the minimum age of 15 years for admission to employment or work. The Committee noted that, according to the survey of children’s work in small agricultural undertakings in Morocco (2014), the average age of children working in small agricultural undertakings was 14.3 years, with the over-15 age group accounting for nearly 57 per cent of the total and the under-12 age group for 10 per cent. It further noted that the average school dropout age was 13 years. The Committee noted with interest the Government’s statement that the bill concerning conditions of work and employment in activities of a purely traditional nature (bill on traditional activities), which prohibits work for children under 15 years of age in this sector in accordance with sections 143 and 153 of the Labour Code, was examined by the Council of the Government on 25 December 2014.

The Committee notes the Government’s indication in its report that the bill on traditional activities has been amended to incorporate new protectionist provisions which are favourable to workers in the sector and that it was referred to the Secretariat-General of the Government on 7 June 2018. The Committee also notes that, according to the quarterly employment survey of the Office of the High Commissioner for Planning, a total of 46,662 children under 15 years of age were engaged in work in the third quarter of 2017 and over 88 per cent of them were working in rural areas. The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of December 2016, expressed concern at the continued economic exploitation of children, particularly in agriculture (CCPR/C/MAR/CO/6, paragraph 47). The Committee recalls that the Convention applies to all sectors of economic activity and all forms of employment or work, including the artisanal and agricultural informal economy. The Committee expresses the firm hope that the bill concerning conditions of work and employment in activities of a purely traditional nature will be adopted in the very near future and requests the Government to send a copy when it has been adopted. It requests the Government to continue its efforts to combat child labour, especially in the artisanal and agricultural sectors, and to provide information on the implementation of any project in this regard and the results achieved.

2. Child domestic workers. As regards the issue of child domestic labour, the Committee requests the Government to refer to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(1). Penalties. In its previous comments, the Committee noted that section 151 of the Labour Code provides that the employment of a child under 15 years of age, in breach of section 143 of the Labour Code, shall be punishable by a fine of 25,000–30,000 dirhams (MAD) (US$3,000–3,600), and that a repeat offence is subject to a term of imprisonment of six days to three months and/or a fine of MAD50,000–60,000 (US$6,000–7,200). It nevertheless noted that sections 150 and 183 of the Labour Code provide for a fine of MAD300–500 (US$36–60) for breaches of sections 147 and 179 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work, in quarries or mines, or in work likely to hamper their growth). The Committee noted with regret the lack of information on any legislative amendments relating to penalties for violations of the ban on employing children under 18 years of age in hazardous work. Furthermore, the Committee noted that, before resorting to penalties, labour inspectors must give advice and information to employers on the dangers to which child workers are exposed. Under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the safety and health provisions or regulations that poses an imminent risk to the workers’ health or safety shall issue an order requiring the employer to take all the necessary measures immediately. It is only if the employer refuses or fails to comply with the requirements of the order that the labour inspector shall immediately refer the matter to the court of first instance, where the employer may be given a deadline for taking all necessary steps to prevent the imminent danger and may order the closure of the establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed children in breach of the provisions giving effect to the Convention are not generally prosecuted if such employment is brought to an end.

The Committee notes the Government’s indications that in 2017 labour inspectors carried out 684 inspections in which they made 2,306 observations and issued 43 compliance notices. The Government indicates that, out of 85 working children under 15 years of age, 70 were removed from work and, out of 542 children between 15 and 18 years of age engaged in hazardous work, 158 were removed from such work. The Committee notes with regret that the Government has not sent any information on the number of persons prosecuted and the penalties imposed on persons violating provisions giving effect to the Convention. Furthermore, the Committee notes with concern that despite the fact that it has been raising this issue since 2005, the penalties for violating the prohibition on the employment of children under 18 years of age in hazardous work still do not constitute an adequate deterrent to ensure the application of the provisions of the Convention concerning hazardous work. The Committee urges the Government to take the necessary measures to ensure that all persons who employ children under 18 years of age in hazardous work are prosecuted and incur penalties that constitute an effective and adequate deterrent, in accordance with Article 9(1) of the Convention and in line with the more severe penalties envisaged in section 151 of the Labour Code. The Committee also requests the Government to provide information on the type of violations of the Convention detected by the labour inspection services, the number of persons prosecuted for each type of violation and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.

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