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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Maroc (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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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 the Government’s indication that the national legislation prohibits the use of any person of any age in illicit activities. The Committee noted 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 any person 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 stipulated by Article 3(c) of the Convention. The Committee noted the Government’s indication that it had incorporated section 440-12 in its draft amendments to the Penal Code prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities. However, the Committee noted that the aforementioned section covers matters relating to conditional release but does not contain the said prohibition.

The Committee notes the Government’s indication that the draft amendments to the Penal Code are intended in particular to criminalize the use of children in illicit activities by the persons closest to them. The Government indicates that the process to adopt the draft amendments to the Penal Code will begin in the near future. The Committee expresses the firm hope that the draft amendments to the Penal Code will include a provision prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities, and requests the Government to send a copy of the amended Code when it is adopted.

Article 5. 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 entitled “Combating child labour in Morocco by creating an enabling national environment and developing direct action against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various stakeholders, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points was to monitor workplaces employing children. The Committee noted that, according to the 2011 national report on child labour attached to the Government’s report, labour inspections showed that children were involved in work likely to endanger their health. Furthermore, according to the Government, a total of 1,026 children between 15 and 18 years of age were removed from hazardous work in 2013–14. The sectors employing children between 15 and 18 years of age were commerce (38.6 per cent), metallurgy (19.6 per cent), mechanical engineering (18.1 per cent), the wood industry (6.5 per cent), the food industry (6.5 per cent) and various other sectors (10.7 per cent).

The Committee notes the Government’s indications that each year since 2009 it has earmarked a budget item to support associations combating child labour. 2 million Moroccan dirhams (MAD) (US$210,000) were allocated in 2017 to supporting the projects of eight associations of this sort, which, inter alia, related to: (i) removing children from work and enrolling them in education and at vocational training centres; and (ii) creating alternatives for children and their parents. Moreover, the Committee observes that, according to the High Commission for Planning, the national employment survey for 2017 recorded a total of 2.3 per cent of children between 7 and 17 years of age performing hazardous work. A total of 76.3 per cent of children obliged to perform hazardous work were in rural areas; of that total, 81 per cent were boys, of whom 73 per cent were between 15 and 17 years of age. According to the survey, agriculture accounted for 82.6 per cent of the hazardous work done by children in rural areas, while the service and industrial sectors, including the craft industry, accounted for most hazardous work in urban areas. The Committee urges the Government to intensify its efforts to ensure that all children under 18 years of age are not engaged in the worst forms of child labour, particularly hazardous work. It requests the Government to continue providing information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by gender.

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 the Tayssir programme, established in 2009, aimed at reducing the school dropout rate and encouraging disadvantaged families, particularly in rural areas, to send their children to school. The Committee also noted that the objectives of the “Emergency Plan 2009–12” included the building of infrastructure to develop the capacity and improve the supply of education in rural areas. However, the Government indicated that although there is almost universal coverage in primary education, the progression to secondary education was unsatisfactory. The Committee noted the Government’s indication that 246 new schools had opened, increasing the total number of schools to 10,667, including 54 per cent in rural areas. In addition, the Government had taken action to strengthen the Dar taleba and Dar talleb networks, which aim to encourage school enrolment in rural areas and have 764 structures supervised by the National Assistance Agency. The Government further indicated its support for 68 projects concerned with schooling for children with disabilities and 16 projects concerned with protection for children in difficult situations.

The Committee notes the Government’s indications that 3,056 pupils benefited from the educational support programme in 2016, including 140 from immigrant backgrounds. In the same year, 80,573 children were awarded educational bursaries through the associations that manage the Dar taleba and Dar talleb institutions in rural areas. In addition, 136,421 bursaries, the amount of which was increased from MAD700–1,260 (US$73.50–$132.30) were awarded to pupils in situations of need. The Government also indicates that in 2016, as part of the national strategy providing social support for children in school and their families, 4,013,897 children benefited from the “1 million satchels” operation and 509,475 families benefited from the Tayssir financial support programme. Drinking water supply structures and sanitation systems were installed in 158 schools in rural areas, catering for 27,607 children. The Committee notes that the “1 million satchels” operation seeks primarily to ensure equal opportunities in education and prevent children from dropping out of school.

However, the Committee notes that the National Human Rights Council in Morocco, in its contribution to the third cycle of the Universal Periodic Review of the United Nations (UN), underlined its concern regarding education for girls in rural areas. According to the 2017 report on child poverty in Morocco, 29 per cent of children between 15 and 17 years of age do not attend school. The Committee also notes that the Office of the United Nations High Commissioner for Human Rights (OHCHR), in its February 2017 report, indicated that according to UNESCO, even though measures had been taken to improve the quality of education, the problem of young people who did not attend school and school dropouts remained a significant concern. The OHCHR also observed that the UN Committee on Economic, Social and Cultural Rights noted the significant progress made in providing access to education but remained concerned about academic failure and the poor quality of public education. The aforementioned Committee also expressed concern at the disparities between school enrolment rates for girls and boys (A/HRC/WG.6/27/MAR/2, paragraphs 61, 62 and 64). While noting the considerable efforts made by the Government, the Committee once again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly in secondary education, and reducing the school dropout rate in order to prevent the engagement of children in the worst forms of child labour, with a particular focus on girls and on children living in rural areas. It requests the Government to provide up-to-date statistics on primary school enrolment and dropout rates, disaggregated by gender and age.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted that the recorded number of street children was 600,000, the vast majority of whom did not attend school. The Government also indicated that non governmental organizations (NGOs) had taken action in recent years to identify, provide shelter for and reintegrate street children. In parallel, the National Assistance Agency had implemented a specific programme for street children in the provinces of Tangier, Béni Mellal, Nador and Khouribga, with 18 social protection establishments for street children and the number of beneficiary children benefited reached 2,031. The Committee also noted the Government’s indication that a survey on street children in Casablanca had been conducted in April 2011, and that the initial results indicated that there were 294 street children in the city of Casablanca (262 boys and 32 girls, with 84 per cent between 15 and 18 years of age, 14 per cent between 10 and 15 years of age, and 2 per cent under 10 years of age), accounting for 38 per cent of those affected by this phenomenon. The Committee noted the indication of the United Nations Committee on the Rights of the Child (CRC) that, despite the lack of precise data, the number of street children was reportedly increasing.

The Committee notes the Government’s indication that amendments to the Penal Code and the Code of Criminal Procedure have resulted in a legal framework enabling better protection for street children. Moreover, according to the information from the Government, the survey of street children in Casablanca has made it possible to determine the characteristics of the phenomenon and identify the locations frequented by these children. The Committee notes the Government’s indication that the “Cities without street children” programme was devised in 2016, as part of the integrated public child protection policy, to prevent the phenomenon of street children and protect them at the regional level. It notes that the OHCHR, in its report of 20 February 2017, indicated that the CRC expressed concern at the fact that many children, especially street children, reportedly suffered mistreatment in police stations. Furthermore, the OHCHR regional office for the Middle East and North Africa, and the Working Group on Arbitrary Detention, found that a significant number of children were detained in prison (A/HRC/WG.6/27/MAR/2, paragraph 77). The Committee recalls that children in street situations are at particular risk of becoming involved in the worst forms of child labour, and once again requests the Government to intensify its efforts to identify, remove and reintegrate these children. It also requests the Government to provide information on the results achieved through the “Cities without street children” programme and the activities of the National Assistance Agency, associations and NGOs, particularly in terms of the number of children who have benefited from these measures. Lastly, the Committee requests the Government to indicate which amendments to the Penal Code and the Code of Criminal Procedure have resulted in better legal protection for children in street situations.

Article 8. International cooperation and assistance. 1. International cooperation against hazardous work. The Committee notes the Government’s indication that, under a cooperative agreement, the Ministry of Labour and Employment (MTIP) and the United States Department of Labor (USDOL) developed the “Promise Pathways” project to reduce child labour through viable paths in education and decent work over a four-year period (2013–17). During this period, the project targeted a total of 5,533 children between 6 and 17 years of age, and 1,016 members of their families over 18 years of age, particularly in the prefecture of Marrakech and the provinces of Al Haouz and Chichaoua. Among other things, the project resulted in the removal of 304 children between 15 and 18 years of age from hazardous work, including girls employed as domestic workers. The Committee encourages the Government to continue its efforts to reinforce international cooperation and assistance in order to combat the worst forms of child labour, and requests it to continue providing information on the results achieved in this respect.

2. Sex tourism. The Committee notes that the Government adopted Act No. 148-12 of 12 May 2014, approving the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, adopted in Lanzarote on 25 October 2007. The Committee also notes the OHCHR report of 20 February 2017, in which the CRC recommended that the Government strengthen its international cooperation against child sex tourism through multilateral, regional and bilateral arrangements (A/HRC/WG.6/27/MAR/2, paragraph 74). The Committee requests the Government to take the necessary steps to strengthen its international cooperation against child sex tourism and to provide information in this regard.