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

Minimum Age Convention, 1973 (No. 138) - Morocco (Ratification: 2000)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Action Plan for Children (2006–15) (PANE) has been adopted, a major component of which is devoted to combating child labour. In this regard, the Committee notes the information provided by the Government that the activities under the PANE include support for NGOs working to combat child labour and the carrying out of a study on the working conditions of children. The Committee also notes that the PANE aims to remove working children under 15 years of age at the rate of 10 per cent per year until 2015 and to improve the situation of needy families at the rate of 5 per cent per year. Furthermore, the Committee notes that, according to the final technical progress report (TPR) of 30 September 2008 on 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”, the issue of combating child labour has been included in other national social development strategies in Morocco, including the Government Declaration for the period
2007–11 and the National Human Development Initiative. The Committee hopes that the study on the working conditions of children will be completed soon and requests the Government to provide a copy of that study with its next report. It also requests the Government to provide information on the implementation of the National Action Plan for Children (2006–15), as well as on the results achieved in terms of the gradual abolition of child labour. Finally, it requests the Government to provide information on the steps taken in the context of the Government Declaration for 2007–11 and the National Human Development Initiative relating to combating child labour.

Article 2, paragraphs 1 and 3. Scope of application and compulsory schooling. In its previous comments, the Committee noted that, under section 143 of the Labour Code, minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years, and observed that the protection provided by the Labour Code does not apply to self-employed workers. It nonetheless noted that, according to the report entitled “Understanding children’s work in Morocco”, published in March 2003 as part of an interagency project involving the ILO, UNICEF and the World Bank (pages 2 and 22), 85 per cent of working children under 14 years of age were in agriculture, where they were working for free for their families. The commercial sector, which employs many children in urban areas, also included a large number of children working for their families without wages (59 per cent) and a high proportion of children working on a self-employed basis (around 26 per cent). The Committee also noted the Government’s indication that the Labour Code does not protect children working on a self-employed basis, but that these children are protected by the Dahir of 13 November 1963 on compulsory schooling, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school, failing which they face penalties.

The Committee notes the information provided by the Government that labour inspectors are authorized by law to ensure the application of the labour legislation only once there is an employment relationship. Consequently, labour inspectors do not carry out any checks in the informal sector. The Committee notes, however, the information provided by the Government that an emergency plan has been adopted for the period 2009–12 which consists of ten projects aimed at giving effect to compulsory schooling up to the age of 15 years, including, in particular, the development of the preschool level, equality of opportunity with regard to access to compulsory education and measures to reduce repetition and drop-out rates. The Committee observes that, according to the consideration of the reports submitted by the States parties in accordance with Article 16 of the International Covenant on Economic, Social and Cultural Rights of 3 May 2006, the enrolment rate for children aged 6 years has increased from 90 to 91 per cent, the rate for children aged between 6 and 11 years has increased from 93 to 94 per cent, and the rate for children aged between 12 to 14 years has increased from 70.6 per cent to 73 per cent (E/C.12/MAR/Q/2/Add.2, page 42). Furthermore, according to this report, the enrolment rates in rural areas have also increased, rising from 46.5 per cent to 86.9 per cent for children aged 6 years, from 62.5 per cent to 89 per cent for children aged between 6 and 11 years, and from 31.5 per cent to 51.6 per cent for children aged between 12 and 14 years. Finally, the Committee notes that, according to the most recent data in the 2008 UNESCO report entitled “Education for All by 2015: Will we make it?”, although the rate of school attendance has increased significantly in Morocco (20 per cent), it remains the case that the rate of repetition of the first year of primary school is one of the highest in the region and stands at 16 per cent. The Committee once again notes the progress made with regard to the enrolment rate, but once again notes that the enrolment rate of children aged between 12 and 14 years shows that a number of children leave school before reaching the minimum age for admission to employment and are found in the labour market. Considering that labour inspectors in Morocco do not supervise the informal sector and that education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to increase the enrolment rate, particularly among children aged between 12 and 14 years, in order to prevent them from working, particularly on their own account and in the informal sector. It requests the Government to continue providing information on the progress made in this regard.

Article 2, paragraph 1, and Part V of the report form. Minimum age for admission to employment and application of the Convention in practice. In its previous comments, the Committee noted the information provided by the International Trade Union Confederation (ITUC), according to which child labour was common in the informal craft industry. It also noted that, according to the report entitled “Understanding children’s work in Morocco” (see pages 19, 20, 22 and 23), some 372,000 children aged between 7 and 14 years, representing 7 per cent of the reference group, were working, while for the 12 to 14 age group, 18 per cent of children were economically active. According to this study, 87 per cent of working children were in rural areas where they were found in the agricultural sector. In urban areas, children were engaged in the textile, commercial, repairs and domestic service sectors.

The Committee notes the information contained in the TPR of 30 September 2008 on 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”, according to which a national unit for combating child labour has been created and provincial focal points have been appointed. The Committee also notes the information provided by the Government that the first activity report of the focal points responsible for combating child labour indicates that, in 2008, 870 violations were reported in 287 undertakings employing children. Furthermore, the Committee notes with interest the information provided by the Government that, in the context of the implementation of the ILO–IPEC project and since 2008, 11,714 children (6,244 boys and 5,470 girls) have been removed from child labour and 19,656 children (10,721 boys and 8,935 girls) have been prevented from becoming engaged in child labour. The Committee reiterates its appreciation of the efforts made and measures taken by the Government to abolish child labour, efforts which it considers to be a reflection of the political resolve to develop strategies to overcome these problems. The Committee requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of the above projects and any other relevant projects, as well as on the results achieved in terms of the gradual abolition of child labour. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice and, in particular, on the results of the activity reports of the focal points responsible for combating child labour.

Article 9, paragraph 1. Penalties. The Committee previously 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, is punishable by a fine of 25,000–30,000 dirhams (US$3,000–US$3,600), and a second offence is subject to a term of imprisonment of six days to three months and/or a fine of 50,000–60,000 dirhams (US$6,000–US$7,200). It nonetheless noted that sections 150 and 183 of the Labour Code provide for a fine of 300–500 dirhams (US$36–US$60) for breaches of section 147 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work) or of section 179 (prohibiting the employment of children under 18 years of age in quarries and mines or in work likely to hamper their growth).

The Committee notes the information provided by the Government that, before resorting to penalties, labour inspectors shall give advice and information to employers on the dangers to which child workers are exposed. Furthermore, the Government indicates that, under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the legislative or regulatory provisions relating to health and safety, which poses an immediate risk to the health or safety of the workers, shall issue an order to the employer to take all the necessary measures immediately. If the employer refuses or fails to comply with the instructions contained in the order, the labour inspector will immediately refer the matter to the president of the court of first instance, who may give the employer a deadline for taking all the necessary measures to prevent the imminent danger and may order the closure of the undertaking and determine, if necessary, the necessary duration of that closure. While taking due note of this information, the Committee observes that persons who employ 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 considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. In this regard, it considers that the penalties established by sections 150 and 183 of the Labour Code, relating to the employment of children under 18 years of age in hazardous work, are still not adequate and dissuasive enough to ensure the application of the provisions of the Convention concerning hazardous work in accordance with Article 9(1) of the Convention, particularly considering that the penalties established by section 151 of the Labour Code are much heavier. The Committee therefore requests the Government to take the necessary steps to ensure that anyone who violates the provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penalties are applied. It requests the Government to provide information on the type of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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