Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes a comment sent by the ICFTU on 4 June 2003, which was transmitted to the Government. The Government replied on 9 September 2003. The Committee requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or similar practices. 1. Sale and trafficking of children. The Committee notes that the ICFTU indicates that it is widely reported that international trafficking exists, with girls being sent to the Middle East and Europe to work as prostitutes. The Committee notes that section 467-1 of the Penal Code punishes any person who sells or purchases a child under 18 years of age. The Committee also notes that the Government indicates that Act No. 24-03 amending and supplementing certain sections of the Penal Code contains a number of innovations with regard to children. According to the Government, it introduces the concept of the trafficking of children and lays down severe penalties for the sale or purchase of children under 18 years of age. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children not only for economic exploitation but also for sexual exploitation, particularly prostitution, is considered to be one of the worst forms of child labour. The Committee notes the adoption of this new Act and requests the Government to provide a copy of the text.

2. Forced or compulsory labour. The Committee notes the ICFTU’s statement to the effect that forced or compulsory labour is prohibited by law but that the Government does not apply this prohibition effectively. The ICFTU states that domestic work under conditions of servitude is common practice in Morocco and poverty obliges some parents to sell their children, sometimes as young as 6 years of age, as domestic servants. For 16 hours of work per day, the parents receive an average of US$7 per week. The ICFTU indicates that another practice is servitude under conditions of adoption, which is socially acceptable but not regulated by the Government. Under this practice, families adopt girls and use them as servants. In this regard, the ICFTU states that it is necessary to adopt specific regulations to prohibit domestic servitude. The Committee notes the Government’s reply to the effect that section 10 of the new Labour Code, adopted in September 2003 and promulgated on 6 May 2004, expressly prohibits forced labour and lays down severe penalties for any persons contravening the provisions of this section. The Government indicates the applicable provisions, including section 467-2 of the Penal Code, which states that any person who exploits a "child under 15 years of age" for the purpose of forced labour acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation, shall be liable to punishment. Section 467-2(2) of the Penal Code states that forced labour means any act which compels a child to perform work prohibited by law or to commit an act which is harmful to his health, safety or morals.

The Committee notes that, under section 10 of the Labour Code, forced labour is prohibited. The Committee notes, however, that this prohibition applies only to "employees". The Committee requests the Government to indicate how children who are not in paid work are protected against forced labour. Also noting that section 467-2 of the Penal Code prohibits forced labour only for children under 15 years of age, the Committee recalls that the prohibition of forced labour under Article 3(a) of the Convention applies to all "children under 18 years of age". The Committee therefore requests the Government to indicate any legislative measure taken or contemplated to prohibit forced labour for all children under 18 years of age, including forced labour for "adopted" children.

Clause (b). Use, procuring or offering of a child for prostitution. The ICFTU states that cases of forced prostitution are frequently reported in some regions of Morocco, particularly in towns or cities where there are large numbers of tourists or near to which major military installations are located. The Committee notes the information contained in the Government’s communication to the effect that section 497 of the Penal Code penalizes any person who habitually instigates, favours or facilitates the debauchery or corruption of minors of either sex under 18 years of age. It notes that section 498 of the Penal Code penalizes any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) in any way shares the proceeds of the prostitution of others or receives financial support from a person who habitually engages in prostitution; (3) lives with a person who habitually engages in prostitution; (4) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (5) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. The Committee also notes that the Government’s report refers to Act No. 24-03 of 15 January 2004, which incorporates provisions from the Optional Protocol to the Convention on the Rights of the Child on pornography and child prostitution. It requests the Government to provide a copy of this Act.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest the Government’s indication that, since the launch of the IPEC/Morocco programme, important programmes have been drawn up and implemented. These include: an integrated programme for mobilization against child labour in Khénifra, a particular objective of which is the removal of children from work; a programme for combating child labour in Salé, which aims to increase awareness of work performed at an early age, improve living conditions and remove children from work while providing financial support for their families; contributing towards the elimination of child labour by promoting the Act on compulsory schooling; a literacy and vocational training programme for young people in the city of Tangier, which aims to provide vocational training for children who are at risk of having to work; contributing towards the elimination of child labour in the province of El Haouz by a programme of schooling and support courses for children at risk of having to work, as well as the removal of children from their workplaces; and a "Red card to child labour" programme, which aims to raise awareness of child labour. The Committee notes that, according to the Government’s report, during 2002 and the first half of 2003, a total of 1,310 children were removed from work as a result of these programmes, with financial support provided for 150 families, and that public opinion has been alerted to this problem. The Committee also notes that, according to the IPEC report of June 2004, the objective is that by the end of the project at least 5,000 children will have been removed from the worst forms of child labour and rehabilitation services will be available in 40 target villages.

The Committee requests the Government to continue to provide information on the implementation of these programmes of action and on their impact on the protection and removal of children who are victims of forced labour or of the sale, trafficking or sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes that penalties have been adopted to ensure observance of the provisions giving effect to the present Convention. The Committee notes that section 467-1 of the amended Penal Code lays down the penalty of imprisonment of two to ten years and a fine of 5,000 to 2,000,000 dirhams for any person who sells or purchases a child under 18 years of age. Section 467-2 of the same Code states that any person who exploits a child under 15 years of age for the performance of forced labour, acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation shall be liable to imprisonment of one to three years and a fine of 5,000 to 20,000 dirhams. Subsection 2 of the same section indicates that forced labour means any act forcing a child to carry out work prohibited by law or to commit an act which is harmful to his health, safety or morals. The Committee also notes that section 497 of the amended Penal Code states that any person who incites, favours or facilitates the debauchery of minors under 18 years of age shall be liable to imprisonment of two to ten years and a fine of 120 to 5,000 dirhams. Section 498 imposes a sanction of imprisonment of six months to two years and a fine of 20,000 to 200,000 dirhams on any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (3) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 499 of the Code adds that the penalties laid down in the previous section are increased to imprisonment of two to five years and a fine of 500 to 20,000 dirhams where the offence has been committed in relation to a minor under 18 years of age. The Committee also notes that section 501 of the Penal Code imposes a penalty of imprisonment of two to five years and a fine of 500 to 20,000 dirhams for any person who habitually receives one or more persons who engage in prostitution in a hotel, guest house, drinking establishment, club, society, dance hall, show venue or annexes thereof which are open to the public or used by the public and of which he is the owner, manager or superviser. The same penalties are applicable to any person who assists such an owner, manager or superviser. Section 501 states that, in all cases, the judgement pronouncing the conviction provides for the withdrawal of the convicted person’s licence and for the temporary or permanent closure of the establishment. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and provision for their rehabilitation and social integration. The Committee notes that the Government, in its second periodic report of February 2003 submitted to the Committee on the Rights of the Child, indicates that the protection of children from all forms of sexual exploitation is not confined to legal texts established for this purpose and notes that some initiatives have been taken to raise awareness of the threat that sexual exploitation poses for children, especially those who are most vulnerable, such as street children, abandoned children and domestic servants. The Committee also notes that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, page 21) in May 2003, indicates that it very difficult to evaluate the extent of the sexual exploitation of children, for a number of reasons and in particular because it is a relatively taboo subject. The Committee notes that the Government indicates that a great deal of attention is now being given to the issue and that Morocco is the first Arab Muslim country to have complied with the request of the Special Rapporteur on the sale of children, child prostitution and child pornography to visit Morocco. The Committee also notes that Morocco, under the auspices of the Secretariat of State for Family Issues, Solidarity and Social Action, has started the process for drawing up a national plan of action for combating the sexual exploitation of children, focusing on prevention, protection, rehabilitation and reintegration, as well as strengthening the judicial machinery and reinforcing the institutional framework.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.211, paragraph 62), welcomes the hosting by the State party of the Arab-African Forum against Commercial Sexual Exploitation of Children in preparation for the Yokohama Congress but remains concerned at the high incidence of sexual exploitation in the State party. The Committee notes that, in the context of the preparation of the second World Congress against Commercial Sexual Exploitation of Children, which was held in Yokohama in December 2001, a regional Arab-African Forum in preparation for the Congress was held in Morocco in October 2001. The Forum brought together the representatives of 65 countries, including Morocco. The Committee notes that the report on the situation of sexual exploitation of children in the Middle East and North Africa (MENA) region indicates (page 3) that it very difficult to evaluate the extent of sexual exploitation of children in the countries concerned, for a number of reasons, and that the data collected by the police and judiciary only reflect part of the reality. In Morocco in 1999, a total of 102 cases of sexual abuse were recorded, and there were 69 cases in 2000 and 210 cases in the first three months of 2001, with about two-thirds involving girls. The Committee also notes that, according to the same report (page 5), no data exist on child pornography, sex tourism and the use of new technologies (Internet), and that these forms of sexual exploitation are considered to be non-existent in the region. The report states that the explosive growth of the sex industry, the use of new information technologies and their impact on the massive worldwide commercialization of children as sexual objects, do not appear to be a source of concern for the countries of the region. The Committee also notes that a toll-free telephone line has been set up, to which children who are victims of abuse have access (report, page 7). It also notes that, according to the same report (page 8), the Association ENAKHIL provides aid to children who are victims of sexual violence or engage in prostitution. The Forum concluded with the adoption of the Rabat Declaration, under which the participating countries undertook to draw up and implement plans of action to prevent and eradicate the sexual exploitation of children. The Committee requests the Government to provide information on the effective and time-bound measures taken to provide the appropriate direct aid necessary for removing children from sexual exploitation and ensuring their rehabilitation and social reintegration into society.

Clause (e). Taking account of the special situation of girls. Domestic servants. The Committee notes that the ICFTU indicates in its observations that the employment of children, especially girls, as domestic servants (petites bonnes) is common practice. It indicates that the number of children working as domestic servants is estimated at 50,000. About 13,000 girls under 15 years of age are employed as servants in Casablanca. The ICFTU states that 80 per cent of these servants come from rural areas and are illiterate, that 70 per cent of them are under 12 years of age, and 25 per cent are under 10 years of age. Children working as domestic servants are often victims of physical and psychological abuse.

The Committee also notes that, according to the report on the mission of the Special Rapporteur on the issue of commercial sexual exploitation of children to the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), several government ministries, United Nations agencies and most NGOs, with which the Special Rapporteur had contact, confirmed that the situation of widespread abuse of young girls working as servants (petites bonnes) is among the most serious problems confronting Moroccan children. In most cases, the girls are sent by their families from rural areas to work as domestic servants in the big cities, especially Casablanca, Marrakech, Rabat, Meknès, Tangier, Agadir and Fès. The Committee notes that once the girls arrive in their employer’s home, they are extremely vulnerable to exploitation. The Committee notes that the results of a government inquiry, presented at a day of study and reflection held by the Moroccan League for the Protection of Children, in collaboration with UNICEF, in 1996, showed that 72 per cent of girls began their working day by 7 a.m. and 65 per cent did not finish until after 11 p.m. The Special Rapporteur is particularly concerned at the vulnerability of these girls to physical and sexual abuse. The Ministries of Human Rights and Foreign Affairs and the Parliamentary Commission on Social Affairs confirmed that there were many cases of rape and ill-treatment (paragraphs 18 and 19). The Committee notes that the Committee on the Rights of the Child noted in its concluding observations in July 2003 (CRC/C/15/Add.211, paragraph 60) the efforts of Morocco to combat child labour but expressed deep concern at the situation of domestic servants (petites bonnes), mostly girls, who are subjected to harsh working conditions and abuse. The Committee on the Rights of the Child recommended that Morocco take all necessary measures to prevent and end the practice of children working as domestic servants through a comprehensive strategy, notably by conducting debates and awareness campaigns, providing guidance and support to the most vulnerable families, and addressing the root causes of the phenomenon.

The Committee requests the Government to provide information on the effective and time-bound measures taken or contemplated in order to protect young female domestic servants under 18 years of age from the worst forms of child labour.