Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Morocco (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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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 that, according to the Government, the national legislation prohibits any person, regardless of age, from being used in illicit activities. The Committee asked the Government to indicate and send a copy of the provisions of national law prohibiting the use, procuring or offering of a child for illicit activities. It noted that, although section 3 of the Royal Decree issuing Act No. 1.73.282 of 21 May 1974, concerning the suppression of drug addiction and the protection of drug addicts, prohibits anyone 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 required by Article 3(c) of the Convention.

The Committee notes that the Government reiterates in its report that national law prohibits the use of any person, regardless of age, for illicit activities and also the procuring or offering of a child for illicit activities, especially the production and trafficking of drugs. However, the Committee observes that the Government still does not indicate which specific legal provisions lay down such prohibitions. In view of the fact that it has been commenting on this point for a number of years, the Committee again urges the Government to take the necessary measures, as a matter of urgency, to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited in the national legislation.

Article 5 and Part V of the report form. 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 “Combating child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various players involved in combating child labour, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points is to monitor establishments employing children.

The Committee notes the information sent by the Government concerning the activities of the focal points from 2008 to 2010. The number of workplaces inspected rose from 287 in 2008 to 388 in 2009 and to 526 in 2010. In 2010, the inspections identified 218 working children under 15 years of age and 461 working children between 15 and 18 years of age. The sectors of activity in which the children were employed were mechanical engineering, commerce, the wood industry, metallurgy and civil engineering. The Committee requests the Government to continue to provide 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 sex.

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 with interest the Government’s information to the effect that, as part of the project to support the schooling of children from disadvantaged backgrounds, 280,000 families had received financial support. Moreover, a new Tayssir programme was established in 2009, which aims to reduce the school drop-out rate and encourage disadvantaged families, particularly in rural areas, to send their children to school. Under this programme, the families of 87,000 children have received a monthly financial allowance to enable them to keep their children in school. According to the Government, this experiment has had a positive effect on the school attendance rate, with a 25.8 per cent increase in the enrolment rate for pupils in the first year of primary school, a 58.2 per cent decrease in the school absence rate and a 71.4 per cent reduction in the school drop-out rate. In the light of these results, the Government decided to continue and extend the programme in order to increase the number of pupils benefiting from it to 277,000 in 2010.

The Committee notes the Government’s detailed information to the effect that it is continuing to make major efforts to extend the infrastructure for primary and secondary schools and improve the quality of education and the supply of teaching, especially in rural areas. The Government indicates that 720 new secondary schools (6,800 classrooms) will have been opened between 2009 and 2012, catering for 330,000 new pupils and achieving a 90 per cent attendance rate in secondary schools. The Committee also notes that, under the Tayssir programme, the number of beneficiary families increased from 47,052 in 2008–09 to 160,000 in 2009–10, and the number of beneficiary pupils rose from 88,000 in 2008–09 to 299,970 in 2009–10. The Government indicates that this has contributed to a substantial reduction in school drop-out rates. The Committee again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the rate of school attendance and reducing the school drop-out rate in order to prevent the engagement of children in the worst forms of child labour, paying particular attention to girls and to children living in rural areas. It requests the Government to continue to supply up-to-date statistics on the school attendance and school drop-out rates in the primary level and also on the numbers of children benefiting from the Tayssir programme.

Clause (d). Children at special risk. Street children. The Committee previously noted that, according to the February 2007 report of the United Nations Special Rapporteur on the Right to Education (A/HRC/4/29/Add.2, paragraph 10), there are 600,000 street children, the vast majority of whom do not attend school. It noted that, as part of the national strategy for the reintegration and protection of street children, three child protection units (UPEs) had been set up in Marrakesh, Casablanca and Tangier, and that a new UPE was due to be set up in Meknès in June 2010. It also noted that the Ministry of Social Development, Family Affairs and Solidarity (MDFS) had developed, as part of the implementation of the National Plan of Action for Children (PANE) for 2006–15, a national programme for the reintegration of street children (INDIMAJ). It further noted that the MDFS was planning to conduct a survey on the situation of street children during 2010.

The Committee notes the Government’s indications that five UPEs are now operational in Morocco, in the cities of Marrakesh, Casablanca, Tangier, Meknès and Essaouira. It notes the Government’s statistics relating to the number of child victims of violence who have benefited from UPE services but notes that specific data on street children have not been provided. Moreover, the Committee notes the Government’s indication that the survey of the situation of street children in Morocco has not yet been conducted. Given that street children are particularly exposed to the worst forms of child labour, the Committee again requests the Government to strengthen its efforts with respect to the identification, withdrawal and reintegration of street children. It also again requests the Government to supply information on the measures taken and results achieved in the context of the INDIMAJ programme and to continue to supply information on the results achieved by the work of the UPEs in terms of the number of street children who have benefited from these measures. The Committee urges the Government to take steps to ensure that the survey on the situation of street children is completed in the very near future and to send the results of the survey as soon as possible.

Article 8. Poverty reduction. In its previous comments the Committee noted that a National Human Development Initiative (INDH) was launched in May 2005, encompassing three major programmes aimed at reducing rural poverty, social exclusion in urban areas and precarious living conditions. The Committee also noted that, according to the document on the results achieved by the Moroccan Government in combating child labour, communicated by the Government representative during the Conference Committee on the Application of Standards in June 2010, the INDH targets disadvantaged persons, including street children exposed to work at an early age.

The Committee notes the detailed information from the Government concerning the projects established in the context of the INDH, including the programme for the community-based supply of drinking water to rural areas, the national programme for the construction of rural roads, and the restructuring and boosting of existing instruments for social action in the local community. Nevertheless, the Committee notes that the Government’s report does not contain any information on the impact of projects relating to the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee once again requests the Government to supply information on the impact of projects established under the INDH relating to the elimination of child labour, particularly with regard to street children.