Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted the adoption of a National Action Plan for Children (2006–15) (PANE), a major component of which is devoted to combating child labour. The Government reported on a mid-term evaluation of PANE in 2011 and the preparation of its second phase. The Committee also noted that PANE aims to remove children under 15 years of age from work situations 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.

The Committee notes the Government’s indications that the 2011 evaluation of PANE revealed that particular attention should be given, inter alia, to young girls employed as domestic workers. The Government also indicates that an Integrated Public Child Protection Policy was drawn up in 2013 in the light of the results of the abovementioned evaluation. The Government states that it awarded grants to seven associations in 2014, thereby enabling 692 children to be withdrawn from labour and living and working conditions for 66 children between 15 and 18 years of age to be improved. The Government also states that it organized six training sessions for labour inspectors. While taking due note of the measures adopted by the Government, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 October 2014, expressed its concern at the fact that no budget had been allocated for the implementation of PANE, and regretted that the 2011 evaluation of PANE has not been given proper follow-up (CRC/C/MAR/CO/3-4, paragraph 12). The Committee expresses the firm hope that the Government will allocate the necessary budget for the implementation of the 2013 Integrated Public Child Protection Policy. The Committee requests the Government to provide information on the implementation of the aforementioned Child Protection Policy and on the results achieved in terms of the progressive abolition of child labour.

Article 2(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 in, or admitted to, enterprises or the premises of employers before the age of 15 years, and it observed that the protection provided by the Labour Code did not apply to persons working on their own account. The Committee noted the Government’s indication that the Labour Code does not protect children working on their own account, but that the latter are protected by the Dahir of 13 November 1963 concerning compulsory education, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school and which establishes penalties for refusal to do so. The Committee also noted that labour inspectors are only authorized by law to enforce the application of the labour legislation when there is an employment relationship. Consequently, labour inspectors do not carry out any controls in the informal economy. However, the Committee noted that an emergency plan had been adopted for the 2009–12 period, comprising ten projects intended to give effect to compulsory schooling until the age of 15 years, including development of the pre-school level, equality of opportunity regarding access to compulsory education, and measures to reduce the repetition of classes and school drop-out rates. The Committee noted the Government’s indication that satisfactory results continue to be achieved with regard to the primary school enrolment rate.

The Committee notes the Government’s indications that an analysis of the emergency plan is under way, the results of which will be the subject of a sectoral strategic plan for education for 2015–18. The Committee notes with interest that the school enrolment rate continues to rise, with a 2.3 per cent increase for the 2014–15 school year, giving a total of 6.8 million enrolled pupils (48 per cent of whom are girls and 39 per cent are in rural areas). The Government also indicates that 246 new schools opened in 2014–15, increasing the total number of schools to 10,667, including 54 per cent in rural areas, with 93 community schools. However, the Committee notes the absence of information on the primary school drop-out rate. Lastly, the Committee welcomes the indication in the 2015 UNESCO report Education for all 2000–2015: Achievements and challenges, in which UNESCO underlines the progress made by Morocco in the net school enrolment rate, which increased from 71 per cent in 1999 to universal primary enrolment (99 per cent) in 2013 (page 79). Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to continue its efforts to increase the school enrolment and completion rates and to reduce the class repetition rate, particularly for children under 15 years of age, with a view to preventing them from working, especially on their own account and in the informal economy. It requests the Government to continue providing information on the progress achieved in this respect.

Article 8. Artistic performances. In its previous comments, the Committee noted that Decree No. 2-04-465 of 29 December 2004 prohibits the engagement of any person under 18 years of age as an employed actor or performer in public performances without the written authorization of the official responsible for labour inspection, following consultation with the minor’s guardian. The Committee also noted the Government’s indication that the abovementioned Decree does not establish the particulars of the authorization by parents and the labour inspector, or the penalties to be applied in the event of violations, and that the law establishes details concerning working hours and conditions. In this respect, the Committee noted that section 145 of the Labour Code provides that: “no minor under 18 years of age may, without prior individual written authorization for each minor from the official responsible for labour inspection, following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which is determined by regulation. The official responsible for labour inspection may withdraw the authorization granted previously, either at his/her own initiative or at the initiative of any authorized person”. However, the Committee noted that this provision does not require that permits granted to minors under 18 years of age, under Decree No. 2-04-465 of 29 December 2004, shall limit the number of hours during which, and prescribe the conditions in which, such employment or work shall be allowed.

The Committee notes the Government’s statement that the Committee’s observations will be taken into account when the revision of the Labour Code gets under way and also explains that in practice, performance venues rarely employ children under 18 years of age. The Government further indicates that, to date, the labour inspectorate has not received any applications for permits. However, the Committee notes with regret the lack of information on the specific legislative procedures that the Government intends to adopt to achieve conformity with Article 8 of the Convention. The Committee once again reminds the Government that, under Article 8 of the Convention, permits granted to minors under 18 years of age allowing them to participate in artistic performances must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee therefore once again requests the Government to take the necessary measures to amend the national legislation to bring it into conformity with Article 8 of the Convention, so that permits granted to minors under 18 years of age allowing them to participate in artistic performances explicitly limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed.