Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 prohibits the employment of any minor under 18 years of age as an 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 Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, or the penalties to be applied in the event of violation, and that the law establishes the details concerning working hours and working conditions. In this regard, the Committee noted that section 145 of the Labour Code provides that “no minor under 18 years of age may, without the prior individual authorization in writing of the official responsible for labour inspection, granted following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw the authorization previously granted, either on his own initiative or on the initiative of any authorized person”. The Committee noted, however, that this provision does not provide that permits granted to minors under 18 years of age under the Decree of 29 December 2004 must limit the number of hours during which and prescribe the conditions in which such employment or work is allowed.

The Committee notes that the Government reiterates in its report that permits granted by the labour inspector do not contain provisions relating to the working conditions of children in public performances. The Committee reminds the Government that under Article 8 of the Convention, permits granted to allow minors under 18 years of age to participate in artistic performances shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to take the necessary steps to bring the national legislation 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 limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Action Plan for Children (2006–15) (PANE) has been adopted, a major component of which is devoted to combating child labour. In this regard, the Committee notes the information provided by the Government that the activities under the PANE include support for NGOs working to combat child labour and the carrying out of a study on the working conditions of children. The Committee also notes that the PANE aims to remove working children under 15 years of age 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. Furthermore, the Committee notes that, according to the final technical progress report (TPR) of 30 September 2008 on the ILO–IPEC project entitled “Combating child labour in Morocco by creating an enabling national environment and developing direct action against the worst forms of child labour in rural areas”, the issue of combating child labour has been included in other national social development strategies in Morocco, including the Government Declaration for the period
2007–11 and the National Human Development Initiative. The Committee hopes that the study on the working conditions of children will be completed soon and requests the Government to provide a copy of that study with its next report. It also requests the Government to provide information on the implementation of the National Action Plan for Children (2006–15), as well as on the results achieved in terms of the gradual abolition of child labour. Finally, it requests the Government to provide information on the steps taken in the context of the Government Declaration for 2007–11 and the National Human Development Initiative relating to combating child labour.

Article 2, paragraphs 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 or admitted in enterprises or the premises of employers before the age of 15 years, and observed that the protection provided by the Labour Code does not apply to self-employed workers. It nonetheless noted that, according to the report entitled “Understanding children’s work in Morocco”, published in March 2003 as part of an interagency project involving the ILO, UNICEF and the World Bank (pages 2 and 22), 85 per cent of working children under 14 years of age were in agriculture, where they were working for free for their families. The commercial sector, which employs many children in urban areas, also included a large number of children working for their families without wages (59 per cent) and a high proportion of children working on a self-employed basis (around 26 per cent). The Committee also noted the Government’s indication that the Labour Code does not protect children working on a self-employed basis, but that these children are protected by the Dahir of 13 November 1963 on compulsory schooling, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school, failing which they face penalties.

The Committee notes the information provided by the Government that labour inspectors are authorized by law to ensure the application of the labour legislation only once there is an employment relationship. Consequently, labour inspectors do not carry out any checks in the informal sector. The Committee notes, however, the information provided by the Government that an emergency plan has been adopted for the period 2009–12 which consists of ten projects aimed at giving effect to compulsory schooling up to the age of 15 years, including, in particular, the development of the preschool level, equality of opportunity with regard to access to compulsory education and measures to reduce repetition and drop-out rates. The Committee observes that, according to the consideration of the reports submitted by the States parties in accordance with Article 16 of the International Covenant on Economic, Social and Cultural Rights of 3 May 2006, the enrolment rate for children aged 6 years has increased from 90 to 91 per cent, the rate for children aged between 6 and 11 years has increased from 93 to 94 per cent, and the rate for children aged between 12 to 14 years has increased from 70.6 per cent to 73 per cent (E/C.12/MAR/Q/2/Add.2, page 42). Furthermore, according to this report, the enrolment rates in rural areas have also increased, rising from 46.5 per cent to 86.9 per cent for children aged 6 years, from 62.5 per cent to 89 per cent for children aged between 6 and 11 years, and from 31.5 per cent to 51.6 per cent for children aged between 12 and 14 years. Finally, the Committee notes that, according to the most recent data in the 2008 UNESCO report entitled “Education for All by 2015: Will we make it?”, although the rate of school attendance has increased significantly in Morocco (20 per cent), it remains the case that the rate of repetition of the first year of primary school is one of the highest in the region and stands at 16 per cent. The Committee once again notes the progress made with regard to the enrolment rate, but once again notes that the enrolment rate of children aged between 12 and 14 years shows that a number of children leave school before reaching the minimum age for admission to employment and are found in the labour market. Considering that labour inspectors in Morocco do not supervise the informal sector and that education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to increase the enrolment rate, particularly among children aged between 12 and 14 years, in order to prevent them from working, particularly on their own account and in the informal sector. It requests the Government to continue providing information on the progress made in this regard.

Article 2, paragraph 1, and Part V of the report form. Minimum age for admission to employment and application of the Convention in practice. In its previous comments, the Committee noted the information provided by the International Trade Union Confederation (ITUC), according to which child labour was common in the informal craft industry. It also noted that, according to the report entitled “Understanding children’s work in Morocco” (see pages 19, 20, 22 and 23), some 372,000 children aged between 7 and 14 years, representing 7 per cent of the reference group, were working, while for the 12 to 14 age group, 18 per cent of children were economically active. According to this study, 87 per cent of working children were in rural areas where they were found in the agricultural sector. In urban areas, children were engaged in the textile, commercial, repairs and domestic service sectors.

The Committee notes the information contained in the TPR of 30 September 2008 on the ILO–IPEC project entitled “Combating child labour in Morocco by creating an enabling national environment and developing direct action against the worst forms of child labour in rural areas”, according to which a national unit for combating child labour has been created and provincial focal points have been appointed. The Committee also notes the information provided by the Government that the first activity report of the focal points responsible for combating child labour indicates that, in 2008, 870 violations were reported in 287 undertakings employing children. Furthermore, the Committee notes with interest the information provided by the Government that, in the context of the implementation of the ILO–IPEC project and since 2008, 11,714 children (6,244 boys and 5,470 girls) have been removed from child labour and 19,656 children (10,721 boys and 8,935 girls) have been prevented from becoming engaged in child labour. The Committee reiterates its appreciation of the efforts made and measures taken by the Government to abolish child labour, efforts which it considers to be a reflection of the political resolve to develop strategies to overcome these problems. The Committee requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of the above projects and any other relevant projects, as well as on the results achieved in terms of the gradual abolition of child labour. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice and, in particular, on the results of the activity reports of the focal points responsible for combating child labour.

Article 9, paragraph 1. Penalties. The Committee previously noted that section 151 of the Labour Code provides that the employment of a child under 15 years of age, in breach of section 143 of the Labour Code, is punishable by a fine of 25,000–30,000 dirhams (US$3,000–US$3,600), and a second offence is subject to a term of imprisonment of six days to three months and/or a fine of 50,000–60,000 dirhams (US$6,000–US$7,200). It nonetheless noted that sections 150 and 183 of the Labour Code provide for a fine of 300–500 dirhams (US$36–US$60) for breaches of section 147 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work) or of section 179 (prohibiting the employment of children under 18 years of age in quarries and mines or in work likely to hamper their growth).

The Committee notes the information provided by the Government that, before resorting to penalties, labour inspectors shall give advice and information to employers on the dangers to which child workers are exposed. Furthermore, the Government indicates that, under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the legislative or regulatory provisions relating to health and safety, which poses an immediate risk to the health or safety of the workers, shall issue an order to the employer to take all the necessary measures immediately. If the employer refuses or fails to comply with the instructions contained in the order, the labour inspector will immediately refer the matter to the president of the court of first instance, who may give the employer a deadline for taking all the necessary measures to prevent the imminent danger and may order the closure of the undertaking and determine, if necessary, the necessary duration of that closure. While taking due note of this information, the Committee observes that persons who employ children in breach of the provisions giving effect to the Convention are not generally prosecuted if such employment is brought to an end. The Committee considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. In this regard, it considers that the penalties established by sections 150 and 183 of the Labour Code, relating to the employment of children under 18 years of age in hazardous work, are still not adequate and dissuasive enough to ensure the application of the provisions of the Convention concerning hazardous work in accordance with Article 9(1) of the Convention, particularly considering that the penalties established by section 151 of the Labour Code are much heavier. The Committee therefore requests the Government to take the necessary steps to ensure that anyone who violates the provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penalties are applied. It requests the Government to provide information on the type of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee takes note of the Government’s report.

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 provides that no young person below the age of 18 years shall be admitted as a salaried employee to act or otherwise perform in front of the public without written permission from the labour inspector after consultation of the young person’s guardian. The Committee observed that the Decree did not establish a requirement for the authorization so granted to limit the number of hours for which and prescribe the conditions in which the work is allowed. It requested the Government to take steps to ensure that the permits granted contain these specifications.

In its report, the Government indicates that the Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, or the penalties to be applied in the event of violation. It also indicates the law establishes the details as to working hours and working conditions. The Committee observes in this connection that section 145 of the Labour Code provides that “without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or other performer in public performances, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw permits granted either on his own initiative or the initiative of any other authorized person”. The Committee observes that this provision does not establish that permits granted to young persons below 18 years of age pursuant to the Decree of 29 December 2004 must limit the number or hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore requests the Government to indicate which provisions in its national legislation establish that these specifications must be included in permits granted by the officer responsible for labour inspection, and to provide a copy thereof.

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

The Committee takes note of the Government’s report.

Article 1 of the Convention. National Policy. The Committee notes the Government’s information that a National Action Plan for Children (2006–15) (PANE) has been adopted, a major component of which is devoted to combating child labour. The Committee requests the Government to provide information on the measures taken to abolish child labour in implementing the abovementioned Plan.

Article 2, paragraphs 1 and 3. Scope of application and compulsory schooling. The Committee noted previously that, under section 143 of the Labour Code, “minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years”, and observed that the protection provided by the Labour Code does not apply to persons working on their own account. It nonetheless noted that according to the report “Understanding children’s work in Morocco” prepared by the ILO, UNICEF and the World Bank in March 2003, (pp. 2–22), 85 per cent of working children under 14 years of age were in agriculture, where they worked for their families and not for wages. The commerce sector, which employs many children in urban areas, likewise included a large number of children working for their families without wages (59 per cent) and a high proportion of self-employed workers (around 26 per cent of children). The Committee asked the Government to indicate the measures taken or envisaged to ensure that the protection established by the Convention is secured for these children.

In its report, the Government indicates that the provisions of the Labour Code apply to all sectors, including agriculture and crafts. It further indicates that, although the Labour Code does not protect children working on their own account, they are protected by the Dahir of 13 November 1963 on compulsory schooling, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school subject to penalties. The Government states that it has made considerable progress as regards the education system and has implemented national action programmes to combat school drop‑out. It also gives countrywide statistics showing the child enrolment rate for 2003–04: 92.2 per cent for the 6 to 11 years age group, 68.8 per cent for the 12 to 14 years age group and 42.9 per cent for the 15 to 17 years age group. While taking due note of this information and of the progress made in terms of school enrolment, particularly among children from 6 to 11 years, the Committee observes that the enrolment rate for children in the 12 to 14 years group shows that a number of them leave school before reaching the minimum age for admission to employment and are found on the labour market. The Committee considers that education is one of the most effective means of combating child labour, and requests the Government to redouble its efforts to improve the school attendance rate, particularly among children aged from 12 to 14 years, in order to prevent them from working, particularly on their own account. In this regard, it invites the Government to envisage the possibility of assigning to labour inspectors special duties regarding children working in the informal sector.

Article 2, paragraph 1, and Part V of the report form. Minimum age for admission to employment, and application of the Convention in practice. In its previous comments, the Committee took note of the information provided by the International Trade Union Confederation (ITUC) to the effect that child labour was common in the informal craft industry, generally in small family workshops producing carpets, pottery, and articles of wood and leather. It also noted that, according to the report “Understanding children’s work in Morocco” (see pp. 19, 20, 22 and 23), some 372,000 children aged from 7 to 14 years – 7 per cent of the reference group – worked; for the 12 to 14 age group, 18 per cent of children were economically active. Of children who worked, 87 per cent were in rural areas, where they were found in the agricultural sector. In urban areas, children were engaged in the textiles, commerce, repairs and domestic service sectors. The average working time of these children was 45 hours a week, with substantial variations depending on the sector.

The Committee takes due note of the detailed information sent by the Government on the measures it has taken to abolish child labour, particularly by implementing a Programme to Combat Child Labour in the Crafts Sector in Marrakesh, similar to the one in Fez, the objective of which is to prevent child labour in this type of work, remove children who engage in it and ensure that they are reintegrated into formal schooling. It also notes the detailed information sent by the Government about the Vocational Training Programme based on apprenticeship in the crafts sector, which has enabled a large number of children to receive training. The Committee further notes from activity reports on the ILO/IPEC Project to Abolish Child Labour in French-speaking Africa for 2006, that a number of activities have been carried out, including measures to build capacity in various government institutions and to raise awareness about the problems of child labour. As to children in domestic work, the Committee notes that a Bill setting a minimum age of 15 years for admission to this type of employment is before Parliament and a special budget has been established for activities in this sector. The Committee notes that, according to the Government, since the start up of the ILO/IPEC project, which covers activities, inter alia, in commerce, services, agriculture and crafts, more than 8,090 children have been removed from work and granted viable alternatives, and more that 15,600 children have been prevented from taking up work.

The Committee much appreciates the efforts and measures undertaken by the Government to abolish child labour, and considers that they reflect a political resolve to develop strategies to overcome these problems. It notes, however, that application of the legislation on child labour appears to be difficult and that, in practice, child labour continues to be a problem in Morocco. The Committee therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to continue to provide information on the implementation of the abovementioned projects and on the results obtained in terms of the gradual elimination of child labour. It also asks the Government to provide information on the manner in which the Convention is applied in practice, providing, inter alia, details of the number of inspection visits conducted each year, the number and nature of the offences reported and the penalties applied.

Article 9, paragraph. 1. Sanctions. The Committee noted previously that section 151 of the Labour Code provides that employment of a child under 15 years of age in breach of section 143 of the Code, is punishable by a fine of 25,000 to 30,000 dirhams (US$3,000 to 3,600), and a second offence is subject to a term of imprisonment of six days to three months and/or a fine of 50,000 to 60,000 dirhams (US$6,000 to 7,200). It nonetheless noted that sections 150 and 183 of the Labour Code provide for a fine of 300 to 500 dirhams (US$36 to 60) for breaches of section 147 (banning the employment of children under 18 years of age in hazardous work) or of section 179 (prohibiting the employment of children under 18 years of age in quarries and mines or in work likely to hamper their growth). Considering that the fines set in sections 153 and 183 of the Labour Code are derisory, the Committee requested the Government to take steps to ensure that penalties for employing children in breach of the law are adequate and dissuasive.

In its report, the Government states that the Labour Code has increased the amount of fines for breach of provisions on the protection of child workers. The Committee points out that although the penalties provided for in section 151 of the Labour Code are heavier, it considers that those set in sections 150 and 183 are not adequate or dissuasive enough to ensure application of the Convention’s provisions on hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure that dissuasive and effective enough penalties are set for breaches of the Labour Code’s provisions on hazardous work.

The Committee raises other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention and Part V of the report form. In its previous comments, the Committee noted the Government’s indications that several types of action have been undertaken within the framework of a national strategy aimed, on the one hand, at fixing a minimum age of 15 years for admission to employment and, on the other, at improving the working conditions of children in the short term and at eliminating child labour in the long term. It noted that the Ministry of Labour, Vocational Training, Social Development and Solidarity has undertaken a number of action programmes to combat the hazardous types of work to which children are exposed and to improve their working conditions in certain activities. It also noted that a national action plan and sectoral action plans on child labour had been established in 1998 in collaboration with the social partners, NGOs and the ministerial departments concerned. Finally, it noted that the programmes undertaken in collaboration with ILO/IPEC in Morocco had led to the improvement of conditions for child workers in the cities of Tangiers, Khnifra, Fès, Salé and Marrakesh. As a result, during the course of 2002, and the first half of 2003, some 1,310 children were removed from the workplace and integrated into school. Moreover, the working conditions of 2,300 children were improved.

The Committee notes with interest the Government’s indications that the national action plan and the sectoral action plans on child labour have led to the removal of 2,500 children under 15 years of age from work, the prevention of 8,740 children from engaging in work at an early age and the improvement of the living and working conditions of 4,866 children. It also notes that, according to the study, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 19, 20, 22 and 23), around 372,000 children between the ages of 7 and 11 years (or 7 per cent of the reference group) are economically active, with the proportion of economically active children reaching 18 per cent of 12 to 14 year olds. Of children who work, 87 per cent are in rural areas, where they are found in the agricultural sector. In urban areas, children work in the textile, commerce, repairs and domestic service sectors. The average working time of these children is 45 hours a week, with major variations according to the sector. The Committee therefore requests the Government to continue providing information on the measures adopted to ensure the effective abolition of child labour and the results achieved.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the Government’s indication that section 143 of the new Labour Code, adopted in June 2003, establishes a minimum age for admission to employment of 15 years. The Committee notes the copy provided of Act No. 65-99 of 2003 issuing the Labour Code. Section 143 of the Labour Code provides that "minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years". The Committee therefore notes that the protection afforded by the Labour Code does not apply to persons working on their own account. Furthermore, it notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 2 and 22), 85 per cent of working children under 14 years of age are in agriculture, where they work for their families and not for wages. According to the same report, the commerce sector, which employs many children in urban areas, includes a large number of children working for their family without wages (59 per cent) and a high proportion of self-employed workers (around 26 per cent of children).

The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual relationship. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the protection established by the Convention is secured for children exercising an economic activity on their own account.

Article 3. Hazardous types of work. The Committee previously noted the Government’s indication that section 181 of the new Labour Code prohibits the employment of young persons under 18 years of age in types of work which are excessively hazardous, beyond their strength or likely to prejudice their morals. The Committee notes with satisfaction that the Act determining the list of hazardous types of work was adopted on 9 December 2004 and that a copy of the text has been provided. Young persons under 18 years of age may not be employed on, among other types of work, maintenance work, transport or the repair of mechanical machinery, the operation of steam valves, work requiring the use of scaffolding or carried out at heights, or demolition work.

Article 6. Apprenticeship. In its previous comments, the Committee noted with interest that Act No. 12.00 creating and organizing apprenticeship (published in Official Bulletin No. 4800 of 1 June 2000) establishes a system of training through apprenticeship. Section 3 of the Act provides that apprenticeship includes practical training, 80 per cent at least of which takes place in the enterprise, to be supplemented by additional general and technological training organized through agreements concluded with the administration, any state or certified vocational training establishment or other public institution providing vocational training. The Committee also noted that, under the terms of section 6 of the Act, no person below the age of 15 years at the date of signing the apprenticeship contract may be admitted to an apprenticeship, except by special derogation of the government authority responsible for vocational training.

The Committee notes the Government’s indication that no derogation has been granted by the secretariat responsible for vocational training since the coming into force of the Act. The Government adds that the secretariat responsible for vocational training undertakes a control every three months of the lists of the names of apprentices and their personal documentation. It also notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, page 27), of the child apprentices working in the car repairs sector who were covered by a rapid assessment undertaken by the ILO in 1999, virtually none of them were found to be receiving a genuine apprenticeship. The Committee requests the Government to provide information on the results of the controls carried out by the secretariat responsible for vocational training and the violations identified.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that section 145 of the new Labour Code provides that, without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or extra in public performances, the list of which shall be determined by regulation. The Committee notes that the Decree of 29 December 2004 prohibits the employment of young persons under 18 years of age without the authorization of their parents and the labour inspector in touring artistic performances and audiovisual performances. It notes that the Decree does not establish the obligation for the authorization so granted to limit the number of hours and prescribe the conditions in which the work is allowed, in accordance with the requirements of Article 8, paragraph 2. The Committee therefore requests the Government to take the necessary measures to ensure that the permits granted by the labour inspectorate limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indication that the new Labour Code increased the amount of the penalties for employers that are in violation of its provisions (sections 150, 151 and 183 of the Labour Code). Indeed, the Committee notes that section 151 of the Labour Code provides that any person who employees a child under 15 years of age in violation of section 143 of the Labour Code is liable to a fine of between 25,000 and 30,000 dirhams and, in the event of a repeat offence, to a sentence of imprisonment of from six days to three months and/or a fine of between 50,000 and 60,000 dirhams. However, it notes that section 150 of the Labour Code establishes a fine of between 300 and 500 dirhams for each minor employed in violation of section 147 of the Labour Code, which prohibits the employment of young persons under 18 years of age in hazardous types of work. Section 183 of the Labour Code establishes the same penalty for violations of section 179 of the Labour Code, which prohibits the employment of young persons under 18 years of age in quarries and mines, or on work likely to hinder their growth. The Committee also notes that the Government has not provided information on the penalties imposed in practice for violations of the provisions giving effect to the Convention.

In view of the low level of the fines established in sections 150 and 183 of the Labour Code for violations of sections 147 and 179 of the Labour Code respecting the employment of young persons in hazardous types of work, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the penalties established for the employment of children in violation of the legislation are adequate and dissuasive. Furthermore, it requests the Government to provide information on the number of violations reported relating to child labour and the penalties imposed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee noted the indications of the ICFTU that child labour was common in informal craftwork, generally in small family workshops which produce carpets, ceramics, wooden objects and leather articles. It also indicated that between 5,000 and 10,000 children, mostly aged between 8 and 14 years, worked in the carpet industry and the textile industry.

In reply to the ICFTU’s communication, the Government indicated that the minimum age for admission to employment or work had been raised from 12 to 15 years and penal sanctions for infringements of the legislation had been strengthened. The Government added that, in collaboration with the social partners and NGOs, measures had been taken in the fields of public information and awareness raising. The Government further indicated that Morocco had been involved in the ILO’s International Programme on the Elimination of Child Labour (IPEC) since 2000 and had initiated several projects designed to withdraw children from hazardous types of work and provide alternatives for them following their removal from work, as well as improving the working conditions of young persons between 12 and 18 years of age. The Committee noted that, for the year 2002 and the first half of 2003, the projects had succeeded in removing 1,310 children from work, providing financial support for 150 families and improving the living and working conditions of 2,300 children. The Committee encouraged the Government to pursue its efforts to withdraw children from work and to improve their living and working conditions.

The Committee notes with interest the Government’s indications that it has established, in collaboration with ILO/IPEC and UNICEF, a programme for the "Prevention and progressive elimination of child labour in the Fès craftwork sector" (2002-06). The objective of this programme is to remove working children under 12 years of age from the craftwork sector, improve the working conditions of children who are of the age to work and enable children between the ages of 12 and 15 years who are working in the craftwork sector to have access to non-formal education. The Government indicates that this programme will be extended to the cities of Marrakech, Safi and Meknès. The Committee notes that between 2000 and 2004 the programme led to: (i) 300 children being removed from work and enrolled in school; (ii) 200 craft workers being made aware of the rules applicable to the employment of children; and (iii) the families concerned being informed of the risks to which children are exposed at work.

The Committee requests the Government to redouble its efforts to combat child labour in the craftwork sector. It encourages it to pursue its efforts to combat child labour in other sectors of economic activity. It also requests the Government to keep it informed of any progress achieved in this respect.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the indications of the ICFTU that over the past decade the protection of children’s rights has been given increasing attention in Morocco. The proportion of children registered in school is reported to be 90 per cent for children in the 6 to 11 age group and 63 per cent for children in the 12 to 14 age group. The ICFTU nevertheless indicated that the school enrolment rate was lower in rural areas than in urban areas due to the lack of schools, the distance to schools and the poverty of the parents, who are often unable to pay school fees. In reply to the ICFTU’s comments, the Government indicated that important measures had been taken to provide general access to education, promote vocational training and combat illiteracy.

The Committee notes the Government’s indications that one of the objectives of the programme "Prevention and progressive elimination of child labour in the Fès craftwork sector" (2002-06) is to enable children aged between 12 and 15 years to have access to non-formal education. The Committee notes that, according to UNICEF, the net school enrolment rate in primary school was 88 per cent between 1998 and 2003; over the same period, the net school attendance rate for primary school reached 67 per cent for boys and 50 per cent for girls. The gross school attendance rate in secondary education between 1998 and 2002 was 45 per cent for boys and 50 per cent for girls. The Committee considers that compulsory education is one of the most effective means of combating child labour. It therefore requests the Government to redouble its efforts to increase the school attendance rate and facilitate the access of children to education so as to prevent them from becoming engaged in work. It requests the Government to keep it informed of any progress achieved in this respect.

Part III of the report form. In its previous comments, the Committee noted the ICFTU’s indications that labour inspections are not carried out in informal family workshops. However, the ICFTU noted that child labour regulations were generally respected in unionized industrial sectors. In reply to the ICFTU’s communication, the Government indicated that training workshops had been established to raise the awareness of labour inspectors concerning the rules applicable to child labour.

The Committee notes the Government’s indications that the Chambers of Craftwork of Marrakech, Safi and Meknès will prepare local plans to combat child labour in the craftwork sector. The Committee requests the Government to indicate whether the reinforcement of inspections in family workshops is included in the objectives of these local plans. It requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, indications of the number of inspections carried out each year, the number and nature of the infringements reported and the sanctions imposed, particularly in the craftwork sector.

The Committee is also raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports, 2002 and 2003. It notes with interest that Morocco signed, on 5 April 2000, a Memorandum of Understanding (MOU) with ILO/IPEC, and that it ratified, on 26 January 2001, the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee also notes that a new Labour Code was adopted by Parliament in June 2003, that it will enter into force six months after its publication in the Bulletin Officiel and that it will soon be transmitted to the Office.

Article 1 of the Convention. The Committee notes the information contained in the Government’s reports indicating that several types of action have been undertaken within the framework of a national strategy aiming, on the one hand, tofix a minimum age of 15 years for admission to employment and, on the other hand, to improve the working conditions for children in the short term and eliminate child labour in the long term. It notes that the Ministry of Labour, Vocational Training, Social Development and Solidarity has undertaken a number of action programmes to combat the hazardous types of work to which children are exposed and improve their working conditions in certain activities. It also notes the formulation, at the end of 1998, together with the social partners, NGOs and the ministerial departments concerned, of a national plan and of sectoral plans on child labour. The Committee requests the Government to provide additional information on the implementation of these action plans and programmes.

Article 2, paragraph 1. The Committee notes that section 9 of the Dahir of 2 July 1947 and section 13 of the Dahir of 24 January 1973 fix the minimum age for admission to employment at 12 years. In its report of 2003, the Government indicates that, under section 143 of the new Labour Code adopted in June 2003, the minimum age for admission to employment is 15 years. The Committee notes the information provided in the Government’s report of 2002 indicating that, in order to harmonize the provisions of national legislation with the principles of the Convention, it undertook a separate procedure to adopt legislation relating to the minimum age for admission to employment through an amendment to section 9 of the Dahir of 2 July 1947 which fixes the minimum age for admission to employment in the industrial and commercial sectors and the liberal professions, and section 13 of the Dahir of 24 January 1973 establishing the minimum age for admission to employment in the agricultural sector. The Committee requests the Government to indicate whether the labour legislation being prepared contains any provisions prohibiting work by children under 15 years of age outside an employment relationship, that is those working on their own account.

Article 3. The Committee notes the information provided by the Government in its report of 2003 indicating that section 181 of the new Labour Code prohibits the employment of young persons under 18 years of age in any types of employment which are excessively hazardous, are beyond their strength, or are likely to prejudice their morals. It also notes that the list of types of hazardous work will be determined by regulation. The Committee hopes that this list will be adopted rapidly and requests the Government to provide a copy, once it is adopted.

Article 6. The Committee notes with interest that Act No. 12.00 creating and organizing apprenticeships (published in Bulletin Officiel No. 4 800 of 1 June 2000) establishes a system of training through apprenticeship. By virtue of section 3 of the Act, apprenticeships include practical training, 80 per cent at least of which takes place in the enterprise, to be supplemented by additional general and technological training (the theoretical component), for at least 10 per cent of the overall time, which is organized by agreements concluded with the administration, any state or certified vocational training establishment or other public institution providing vocational training. Under section 6 of the Act, no person below the age of 15 years at the date of signing the apprenticeship contract, may be admitted to an apprenticeship, except by special derogation by the Government authority responsible for vocational training. The Committee reminds the Government that under Article 6 of the Convention apprenticeships are excluded from the scope of application of the Convention where the work is performed by persons over the age of 14 years in enterprises. It requests the Government to provide information on the application in practice of this provision of Act No. 12.00 creating and organizing apprenticeships, by indicating the applicable minimum age and the number of persons admitted to apprenticeships by special derogation, as well as the employment conditions prescribed after consultation with employers’ and workers’ organizations.

Article 8. The Committee notes the information contained in the Government’s report of 2003 indicating that, under section 145 of the new Labour Code, without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee, as an actor or extra in public performances, the list of which shall be fixed by regulation. The Committee requests the Government to indicate whether, under the new legislation, authorizations granted by the competent authority shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed, in accordance with Article 8, paragraph 2.

Article 9, paragraph 1. The Committee notes the information contained in the Government’s report of 2003 indicating that, regarding the measures taken to ensure the effective enforcement of the Convention, the new Labour Code specifies the amount of penalties for employers who are in violation of its provisions (sections 50, 151 and 183). The Committee requests the Government to indicate the sanctions currently applicable for violations of the provisions relating to child labour. It also requests it to provide information on the number of cases in which sanctions have been imposed.

Part V of the report form. The Committee notes with interest the information provided by the Government in its report of 2003 indicating that collaboration with IPEC/Morocco led to improved conditions for child workers in the cities of Tangiers, Khnifra, Fes, Sale and Marrakech. As a result, 500 children were removed from the workplace and reintegrated into school, and the working conditions of 1,604 children were improved. The Committee also notes with interest that the Government is undertaking a study on the child labour situation in Morocco, in cooperation with "Understanding Children’s Work" (UCW), an inter-agency research programme of the ILO, UNICEF and the World Bank. It requests the Government to provide additional information on this study and on the application of the Convention in practice, including, if possible, statistical data on the employment and work of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) of 4 June 2003 which contains a number of comments on the application of the Convention. It also notes the Government’s comments dated 9 September 2003 on the issues raised by the ICFTU.

In its communication, the ICFTU indicates that the protection of children’s rights has been given increasing attention in Morocco during the last decade. The proportion of children registered in school is reported to be 90 per cent for children in the 6-11 year age group and 63 per cent for children in the 12-14 year age group. The ICFTU points out, however, that, due to the lack of schools, the distance to schools or because parents are often too poor to pay school fees, the number of children registered in school in rural areas is lower than in urban areas. In its communication, the ICFTU also indicates that, although the phenomenon of child labour is becoming less accepted, there continues to be a high demand for child labour. Child labour is commonly found in informal craftwork, in general in small family workshops which produce carpets, ceramics, wooden objects and leather articles. The employment of children, in particular girls, in domestic work is also a common practice. Some 50,000 children are employed in domestic work. Of these, approximately 70 per cent are under 12 years of age and 25 per cent under 10 years of age; 80 per cent of these girl servants are illiterate and come from rural areas and approximately 13,000 girls under 15 years of age are employed as servants in Casablanca. Moreover, the ICFTU emphasizes that no inspections are carried out in informal family workshops or in the domestic work sector. Children also work in the carpet and textile industries. An estimated 5-10,000 children work in the carpet industry of which an estimated 2-3,000 work in the carpet export industry. Most of the children are in the 8-14 year age group. Girls between the ages of 12 and 16 are also employed in clothes-making workshops. The ICFTU points out, however, that, in unionized industrial sectors, child labour regulations are in general respected.

In its reply to the comments of the ICFTU, the Government indicates that it has made great efforts in the field of child labour. Morocco ratified Conventions Nos. 138 and 182 and has brought its national legislation into conformity with these Conventions. The minimum age for admission to employment or work was raised from 12 to 15 years of age and the penal sanctions for infringements of the legislation were strengthened. The new Labour Code prohibits certain types of hazardous work from being carried out by children under 18 years of age and recent amendments to the Penal Code impose heavy sanctions for cases of children engaged in work likely to jeopardize their education and health. The Government also indicates that, in collaboration with the social partners and NGOs, measures have been taken in the fields of public information and awareness raising. Training workshops on child labour issues have been organized for labour inspectors. Furthermore, the Government has taken important policy measures to alleviate poverty, extend schooling and promote vocational training and literacy. It also aims to improve the national strategy to combat child labour. The Government also indicates that Morocco has been involved in the International Programme on the Elimination of Child Labour (IPEC) since 2000 and has initiated several projects designed to withdraw from labour children engaged in hazardous types of work and provide alternatives for them and to improve the working conditions of children between 12 and 18 years of age. These projects succeeded in removing 1,310 children from labour in 2002 and the first half of 2003, providing financial support for 150 families and improving the living and working conditions of 2,300 children.

The Committee duly notes the Government’s efforts to eliminate child labour and to improve the working conditions of young workers. The Committee nevertheless points out that many children continue to work, in particular in the craft industry in the informal sector and as domestic workers, which is contrary to the provisions of the national minimum wage legislation and of the Convention. The Committee encourages the Government to pursue its efforts to combat child labour, to continue removing children from labour and thereafter providing alternatives for them and to improve the living and working conditions of children.

Furthermore, the Committee is raising other issues in a request addressed directly to the Government.