Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Domestic work of children. In its previous comments, the Committee took note of information from the International Trade Union Confederation (ITUC) to the effect that the statutory prohibition on forced labour is not applied effectively by the Government. Domestic work by children under conditions of servitude is a common practice in the country: parents sell their children, sometimes as young as 6 years of age, to work as domestic servants, and families adopt young girls to use them as servants. The ITUC also stated that about 50,000 children, largely girls, are working as domestic servants. Of these, some 13,000 girls under the age of 15 are employed as servants in Casablanca; 80 per cent of them come from rural areas and are illiterate; 70 per cent are under the age of 12, and 25 per cent under the age of 10. The ITUC further indicated that special legislative measures are needed to prohibit domestic servitude. The Government stated in reply that a bill on conditions for hiring domestic staff had been drafted by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners were to be consulted before the text was adopted. The Committee noted that section 10 of the Labour Code prohibits forced labour. It further observed that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age.

The Committee notes the information provided by the Government that following a tripartite seminar held at the end of July 2006, a bill on domestic work was adopted and is in the process of validation. It sets the minimum age for admission to this type of employment at 15 years, establishes working conditions and provides for supervisory measures and penalties. The Committee further notes that awareness campaigns have been run to highlight the ills of domestic work for children, particularly “les petites bonnes”. It further notes from activity reports for 2007 on the ILO/IPEC project to “Combat child labour in Morocco by creating an appropriate environment in the country and providing for direct intervention against the worst forms of child labour in rural areas”, a special budget has been established for activities regarding this type of employment.

The Committee duly notes the measures taken by the Government to regulate domestic work, i.e. household tasks carried out by a non-member of the household who is legally old enough to work. The Committee nonetheless draws the Government’s attention to the fact that the work done by a number of children in Morocco amounts rather to domestic work of children, i.e. domestic work carried out by children who have not reached the minimum age for admission to employment or by children who have passed the minimum age but are under the age of 18, who work in conditions that approximate slavery or are hazardous, or who are exploited. The Committee reminds the Government that according to Article 3 of the Convention, such forms of work are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency pursuant to Article 1. It again expresses deep concern at the situation of children who are subjected to forced labour or who work in hazardous conditions in Morocco. The Committee urges the Government to step up efforts and take the necessary measures as a matter of urgency to ensure that anyone who uses the domestic labour of children under 18 years of age in the form of forced labour, or who employs children in hazardous work is prosecuted and subjected to effective and dissuasive sanctions. In this respect it requests the Government to provide information on the effect given to the provisions relating to the worst forms of child labour referred to above, including statistics of the number and nature of violations reported, the inquiries held, the legal action taken and the sentences and penalties applied. Lastly, the Committee hopes that the bill on domestic work will be adopted shortly and requests the Government to provide a copy of it as soon as it is adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the information provided by the Government to the effect that, as part of the project being implemented by ILO/IPEC to “Combat child labour in Morocco by creating an appropriate environment in the country and intervening directly against the worst forms of child labour in rural areas”, more than 15,633 children (8,423 boys and 7,210 girls) have been prevented from being engaged in one or other of the worst forms of child labour, and 8,099 children (3,941 boys and 4,158 girls), have been removed from work with the offer of viable alternatives. The Committee requests the Government to continue to provide information on the action programmes implemented under the
ILO/IPEC project, and their impact in terms of protecting children and removing them from the worst forms of child labour in Morocco.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing children therefrom and ensuring their rehabilitation and integration into society. Child prostitution and sex tourism.  With reference to its previous comments, the Committee notes that in its concluding observations of March 2006 on Morocco’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraphs 15 and 16), the Committee on the Rights of the Child noted an amendment to the Penal Code in 2003 introducing the crime of sex tourism”. It expressed concern, however, at the persistence of child prostitution and sex tourism involving young Moroccans as well as immigrants, especially boys. It recommended that the Government intensify its efforts to tackle the problem of child prostitution, including in the context of sex tourism, by developing a specific strategy targeting the tourist industry including specific messages on child rights and on the existing sanctions against child abusers.

The Government indicates in its report that as part of the National Action Plan for Children (PANE) for the decade 2006–16, a preliminary study on the problems of the sexual exploitation of children was conducted in February 2007 with a view to drawing up a national strategy for preventing and combating the sexual exploitation of children. The Government also states that a report prepared after the study recommends certain measures, including awareness raising among young people and the public in general and the adoption of preventive measures. The Committee requests the Government to provide information on the measures taken on these recommendations and the results obtained in: (a) preventing children from falling victim to prostitution, particularly in the context of sex tourism; and (b) providing the necessary and appropriate assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to indicate whether it plans to take steps to raise the awareness of service providers directly linked to the tourism industry, including associations of hotel owners, tour operators, taxi companies, and owners of bars, as well as restaurants and their employees.

Clause (d). Children particularly at risk. Domestic work of children. In its previous comments, the Committee noted that according to the ITUC and the report on the mission to Morocco of the United Nations Special Rapporteur on the issue of commercial sexual exploitation of children (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse of young girls working as housemaids, or “petites bonnes”, is among the most serious problems confronting Moroccan children. The Committee takes due note of the National Programme to combat the use of little girls as housemaids (INQAD) implemented as part of the PANE. It notes that various measures are to be taken under this programme to alert the various players about the domestic work of children and to prevent it, in particular by offering alternatives to domestic work, including the reinforcement of compulsory schooling. The Committee observes that children, particularly girls, employed in domestic work often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions because the work is illegal. It urges the Government to step up efforts to protect these children, particularly from economic and sexual exploitation, and to provide information on the measures taken to this end under the INQAD programme.

Article 8. Poverty reduction. The Committee notes that in its concluding observations on Morocco’s initial report of March 2006 on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraph 34), the Committee on the Rights of the Child noted that the Government, in cooperation of the UNDP Morocco, civil society and several NGOs, has initiated projects aimed at poverty reduction. The Committee points out that initiatives to reduce poverty contribute to breaking the poverty circle, which is essential to eliminating the worst forms of child labour, and requests the Government to provide information on any notable impact these poverty reduction projects have had in terms of eliminating of the worst forms of child labour.

The Committee is addressing a request on other matters directly to the Government.