Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending June 2000, and the annual inspection report provided subsequently.

1. Labour inspection and child labour. In response to the general observation made by the Committee in 1999 under this Convention and Convention No. 81, the Government indicates that the protection of children from child labour is ensured through the application of the Decree of 24 April 1973, establishing a supervisory mechanism, including the imposition of penal sanctions in the event of the violation of its provisions. The Government also indicates that efforts made with regard to labour inspection in general and in the application of provisions on child labour have made it possible to establish a technical cooperation project from 1998 to 2001 with a view to:

-  strengthening the training of labour inspectors and inspectors of the agricultural legislation to improve the application of national laws, international labour Conventions, and particularly Conventions Nos. 138 and 182 on child labour, and the United Nations Convention on the Rights of the Child;

-  taking measures to institutionalize an effective inspection service covering labour and social legislation in agriculture;

-  guaranteeing the socio economic rights of working children; and

-  combating the effects of hazardous work on children.

Among the measures taken to improve the skills of inspectors in the field of child labour, the Government refers to four training sessions held between 1999 and 2000, and training sessions on occupational safety and health, one of which was held in 1999 and the other was announced for 2000, in which labour inspectors in agriculture were due to participate, in the context of a technical cooperation programme with the Arab Safety and Health Institute in Damas (Syrian Arab Republic).

The Committee notes that section 13 of the Dahir of 1973, to which the Government refers as legislation protecting children from work, in contradiction with the Minimum Age Convention, 1973 (No. 138), ratified in January 2000, sets the minimum age for admission to employment or work at 12 years instead of 15, and the minimum age for admission to any type of employment or work likely to jeopardize the health, safety or morals of young persons at 16 years instead of 18. In accordance with section 14 of the above Dahir, inspectors responsible for labour in agriculture may even grant exemptions from the prohibition of night work by children aged at least 16 years. With reference to its observation in 1999 on the role of inspection in supervising child labour, the Committee hopes that the Government will rapidly take the necessary measures to resolve the above contradictions between the legislation that is in force and the provisions of Convention No. 138, so as to allow labour inspectors to ensure effective supervision over situations of child labour.

The Government indicates in its report with regard to the action taken on reported violations, including of legal provisions respecting child labour, that inspectors are free to decide to refrain from drawing up official reports and to opt instead to issue an observation combined with advice and useful guidance to re establish conformity with the law. While admitting that the labour inspectorate must discharge, in addition to a repressive function with regard to violations, a function of education to improve the application of labour legislation, the Committee wishes to emphasize the particular vulnerability of children and young persons in a work context and the consequent necessity for labour inspectors to ensure greater vigilance in their case. The imposition of dissuasive penalties upon those who violate the relevant legal provisions, particularly relating to the health, safety and morals of children and young persons, is indispensable to reinforce the authority of inspection. The Committee considers in this respect that the provisions of the above Dahir cannot themselves constitute an adequate legal basis for the exercise of the powers assigned by the Convention to labour inspectors with a view to the effective supervision of conditions of work and the protection of children and young persons in the agricultural sector. Moreover, the Dahir provides in sections 10, 17, 33, 38 and 51 that regulatory texts shall be made, among other matters, to prohibit the employment of women and children in arduous or hazardous work and in the use of harmful products utilized for agricultural work. The Government is therefore requested to provide the respective schedule and a copy of the texts issued under the above sections of the Dahir which are subject to supervision by the labour inspectorate, as well as to take the necessary measures to ensure that labour inspectors in agriculture are able to afford effective protection to young workers, in accordance with Article 6, paragraph 1(a), of the Convention, and to provide information on any progress achieved in this field.

2. Notification of occupational accidents and cases of occupational disease and the prevention of occupational risks. The Committee notes the information provided by the Government with regard to the manner in which labour inspectors are informed of occupational accidents. It recalls that, in accordance with Article 19, paragraph 1, of the Convention, cases of occupational disease also have to be notified to inspectors. With reference to its general observation of 1996 concerning the notification and recording of occupational accidents and diseases, the Committee draws the Government’s attention to the objective of the above provision of the Convention, namely the effective contribution of the labour inspectorate to the development of an appropriate policy for the elimination and prevention of occupational risks in the agricultural sector, and in particular the use of equipment and products and substances which are dangerous for the safety and health of workers and their families, where the latter live on plantations. The Committee cannot overemphasize the need to take measures to ensure that inspectors are required to be notified of cases of occupational disease and requests it to provide information in this respect.

The Committee is addressing a request directly to the Government on other matters relating to the application of the Convention.