Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Forced or compulsory recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes that, under the terms of section 5 of Act No. 4-99 on military service, provided by the Government, the age of compulsory conscription is set at 20 years.

Clause (b). 2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 503-2 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, punishes any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography. Subsection 2 of that section punishes any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material relating to a minor. These acts are punishable even if they are committed in other countries.

Further to its previous comments, the Committee notes with interest that the Government has provided a copy of Act No. 24-03 of 11 November 2003, amending the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted in its previous comments that the Government’s reports did not contain any information on this subject. The Committee notes that under the terms of section 330 of the Penal Code, as amended by Act No. 23-04 of 11 November 2003, any person is guilty of an offence who, exercising authority over a young person under 18 years of age, delivers such person to a vagabond or an individual living from begging. The Committee also notes the Government’s indications that the Act of 21 May 1974 repressing drug addiction and protecting drug addicts prohibits the use, possession and sale of drugs. The import and export of kif and cannabis is prohibited by the Acts of 24 April 1954 and 27 May 1954. The Committee notes that the national legislation only appears to prohibit the production and trafficking of drugs and not the use of a child for these illicit activities. The Committee recalls that by virtue of Article 3(c) of the Convention, 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, constitutes one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Clause (d). Hazardous types of work. Self-employed workers and domestic workers. In its previous comments, the Committee noted that, in accordance with section 1, the Labour Code only governs contractual employment relations. It therefore noted that, by virtue of this provision, the Labour Code does not apply to labour relationships not resulting from a contract, such as work done by children on their own account. The Committee also noted that section 4 of the Labour Code provides that conditions of employment and work of domestic workers, who are linked to the head of the household by a work relationship, are laid down by a special Act, and that Act determines the relationship between employers and wage-earners and the conditions of work in purely traditional sectors.

The Committee notes the Government’s indications that the special legislation governing the conditions of work of domestic employees is under preparation. The Government confirms that children working on their own account are not protected by the Labour Code.

The Committee therefore requests the Government to take the necessary measures to secure the protection of children exercising a non-wage economic activity against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It also requests the Government to provide a copy of the special legislation governing the conditions of work of domestic employees once it has been adopted.

Article 4. Determination of hazardous types of work. In its previous comments, the Committee noted that Decree No. 2-56-1019 of 6 September 1957 concerning hazardous work prohibited for children and women contains a list of hazardous types of work. It also noted that section 147 of the Labour Code prohibits any person from causing young persons under 18 years of age to perform perilous feats of strength, acrobatic exercises or contortions, or to assign them work which endangers their life, health or morals. Section 179 of the Labour Code prohibits the employment of young persons under 18 years of age in quarries and underground work in mines. Under section 180 of the Labour Code, young persons under 18 years of age may not be employed in work on or below the surface which is likely to stunt their growth.

The Committee notes with interest that, according to the Government’s indications, 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. Among the types of work prohibited for young persons under 18 years of age are: the maintenance, transport or repair of mechanical machinery; the operation of steam valves; work requiring the use of scaffolding or carried out at heights; and demolition work. It also notes the Government’s indications that the texts of laws issued under the Labour Code are prepared in consultation with the social partners.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. Further to its previous comments, the Committee notes the Government’s indications that a national steering committee has been established in the context of the ILO/IPEC programme. This tripartite committee oversees the implementation of programmes of action to combat child labour, giving priority to the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the establishment of the Social Development Agency under the supervision of the Ministry of Employment, Social Affairs and Health, in the context of a poverty reduction strategy. It also noted with interest that, since the launch of the ILO/IPEC programme in Morocco, significant programmes of action have been designed and implemented to raise the awareness of the population concerning hazardous types of work performed by children and to prevent child labour in the craftwork sector in the city of Fès. The Committee notes the Government’s indications that awareness-raising measures are still being carried out with the support of UNICEF. The Committee requests the Government to continue providing detailed information on the implementation of the programmes of action for the elimination of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indications that section 503-2(1) of the Penal Code, as amended by Act No. 24-03, establishes substantial penalties for the use, procuring or offering of a child for the production of pornography. The Committee notes Act No. 24-03 of 11 November 2003 amending the Penal Code. It also notes that the statistics provided by the Government relate to judgements handed down concerning violence committed against young persons under 18 years of age and the sentences imposed. The Committee requests the Government to provide information on the number of persons prosecuted and the penalties imposed for violations of the legal provisions prohibiting the use, procuring or offering of a child for the production of pornography or for illicit activities, or the use of a child to perform hazardous types of work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Armed conflict in the Western Sahara. In its previous comments, the Committee noted, according to the Government’s report to the Committee on the Rights of the Child in February 2003 (CRC/C/93/Add.3, paragraph 570), that the Government stated that it had continued to draw the attention of the world community to the untenable situation of the detainees held by the Polisario Front at camps in Tindouf. The Government also stated that over 1,000 children had been sent to Cuba for military training or enrolled in the Polisario camps. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.211, July 2003, paragraph 56), had welcomed the ratification by Morocco of the Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict, and that it had set the minimum age for conscription at 20 years, but that it remained concerned at the situation of children living in the Western Sahara. The Committee on the Rights of the Child recommended that Morocco take all possible measures to guarantee the full protection of children affected by the armed conflict in the Western Sahara. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to indicate the measures taken to prevent children being engaged in armed conflict in the Western Sahara.

2. Access to free basic education. The Committee noted previously, under the terms of section 1 of Act No. 04-00 respecting basic education, that education is a right and an obligation for all Moroccans between the ages of 6 and 15 years and that it is free of charge. It also noted the Government’s indications that problems of retaining children at school persist and that it has responded by implementing a programme of non-formal education for young people between 8 and 16 years of age who are not in, or no longer in the school system. The Government emphasized that particular attention is devoted to girls in rural areas with a view to facilitating their integration into working life.

The Committee also noted the Concluding Observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 54), welcoming the efforts of Morocco in this respect in the context of the Five-Year Development Plan, the National Programme of Human Rights Education, launched in 1994, and the cooperation programme with UNICEF aimed at increasing the level of school enrolment of girls (1997-2001), but that it remained concerned at the high level of illiteracy, particularly among women, at the high school drop-out rate and the decreasing level of enrolment in primary education. The Committee of Experts noted that the Committee on the Rights of the Child recommended (paragraph 55) that the Government endeavour to apply additional measures, inter alia, to encourage children to stay at school.

The Committee notes the Government’s indications that the rate of school attendance in rural areas rose from 55.4 per cent to 87 per cent between 2002 and 2003, and that the education system has been reformed to improve the quality of teaching and strengthen the scientific and technical sides so as to encourage children to continue their schooling. The Government adds that Morocco has adopted a new strategy to combat illiteracy with a view to reducing the illiteracy rate to under 25 per cent by 2010. The Committee encourages the Government to continue its efforts to enable children to remain at school and requests it to continue providing information on any development in this respect.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/Q/MAR/2, page 22), it is difficult to estimate the numbers of street children, particularly because this is a recent phenomenon. It also noted that Moroccan NGOs have made considerable efforts for the integration and rehabilitation of street children and that a national strategy has been implemented with UNICEF focusing on raising awareness, strengthening legal instruments, the educational dimension and institutional aspects. The Committee further noted that, since 1995, the association BAYTI ("Street children") has developed individualized and participatory psychosocial approaches, socio-economic alternatives for reintegration, programmes for parents and the rigorous monitoring of the progress of children. In addition, it noted that, according to a study carried out by the Secretariat of State for Social Protection, the Family and Children on the subject of street children in major cities and towns, they were distributed as follows: 29 per cent were under 10 years of age, 39 per cent were between 10 and 14 years and 30 per cent between 15 and 18 years.

The Committee notes that, according to the Government’s indications, the Secretariat of State for the Family, Children and the Disabled has recently prepared a reintegration, education and protection programme for street children. This programme is based on an integrated action strategy envisaging the establishment of local centres, the strengthening of legal instruments and the mobilization of all potential partners. The Committee requests the Government to keep it informed of the impact of this strategy in terms of protecting street children against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee noted previously the Government’s indications that the labour inspectorate is the competent body for monitoring and supervising the implementation of the provisions giving effect to the Convention. The Committee however observed that, in an observation made in 2003 on the Labour Inspection Convention, 1947 (No. 81), it had noted that studies on child labour in Morocco carried out in the context of the research project launched by the ILO, with the cooperation of UNICEF and the World Bank, had shown that the difficulties of monitoring child labour were essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee notes the Government’s indications that 40 officials of the Ministry of Employment have received specific training with a view to their reassignment within the staff of the labour inspectorate. Noting the absence of information on the activities of the labour inspectorate, the Committee once again requests the Government to provide information on the number of inspections carried out each year and the results of these investigations with regard to the extent and nature of the infringements reported concerning young persons under 18 years of age engaged in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/93/Add.3, paragraph 617), the Ministry of Employment has adopted several initiatives to strengthen its national intervention strategy, including the signature of a Memorandum of Understanding with the United States Department of Labor with a view to following the "education initiative" programme, the preparation of an inventory of the situation of child labour ("the UGW project") in collaboration with ILO/IPEC, UNICEF and the World Bank, the preparation of a statistical information and monitoring programme on child labour (SIMPOC) and the development of cooperation with UNICEF and the World Bank. The Committee notes the Government’s indications that it is cooperating with United Nations agencies to combat poverty and that a United Nations Development Assistance Framework (2002-06) has been concluded.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the application of the Convention has not raised any difficulties in practice and that the Department of Labour of the Ministry of Employment is working in close collaboration with the IPEC/Morocco programme. The Committee notes the Government’s indication that the external services of the labour inspectorate, and the central labour inspection service, are still not computerized, which makes it difficult to disaggregate the reports of labour inspectors by subject. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties, as soon as they are available. To the extent possible, all information provided should be disaggregated by sex.