Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the indications of the International Confederation of Free Trade Unions (ICFTU), according to which young Moroccan girls are the victims of trafficking to the Middle East and to Europe for the purpose of prostitution. It also noted that section 467-1 of the Penal Code, as amended, prohibits the sale or purchase of a young person under 18 years of age. Furthermore, it noted the Government’s indications that Act No. 24-03, amending and supplementing certain sections of the Penal Code, introduces the concept of the trafficking of children and establishes severe penalties for the sale or purchase of young persons under 18 years of age.

The Committee notes that the text of the Act has been provided, as requested, and notes with satisfaction that under section 467-1 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, "any act or transaction involving the transfer of a child [under 18 years of age], from one or more individuals to one or more other persons in exchange for compensation of any type whatsoever" is prohibited. It is also prohibited to facilitate or assist in the sale or purchase of a child under 18 years of age.

2. Forced or compulsory labour. In its previous comments, the Committee noted the indications of the ICFTU that the prohibition by law of forced labour is not enforced effectively by the Government. According to the ICFTU, domestic work under conditions of servitude is a common practice in the country. Parents sell their children, sometimes as young as 6 years of age, as domestic servants. The ICFTU also reported that families adopt young girls to use them as servants and that specific legislative measures were therefore necessary.

The Committee also noted the ICFTU’s indications that around 50,000 children work as domestic servants in Morocco. It further noted that, according to the ICFTU, around 80 per cent of these servants come from rural areas and are illiterate, 70 per cent of them are under 12 years of age and 25 per cent are under 10 years of age. In addition, it noted that, according to the ICFTU and the report on the mission on the commercial sexual exploitation of children carried out by the Special Rapporteur in the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse, of which young girls working as servants or petites bonnes are the victims, is one of the most serious problems confronting Moroccan children.

In reply to the above comments, the Government indicates that section 2 of the Labour Code provides that a special law shall determine the conditions for the hiring of domestic workers. It adds that a Bill has been prepared by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners will be consulted before its adoption. The Government adds that information and awareness-raising campaigns concerning the work of petites bonnes are organized by the Government, the Observatory for the Rights of the Child, UNICEF and NGOs.

The Committee notes that section 10 of the Labour Code prohibits forced labour, but that this prohibition only applies to employed persons. Furthermore, it observes that, under the terms of section 467-2 of the Penal Code, only forced labour by persons under 15 years of age is prohibited.

The Committee reminds the Government that by virtue of Article 3(a) of the Convention, forced labour by young persons under 18 years of age constitutes one of the worst forms of child labour and that under 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 expresses great concern at the situation of children subjected to forced labour, including petites bonnes. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation prohibits forced labour by young persons under 18 years of age, whether or not they are in wage employment. Furthermore, it urges the Government to redouble its efforts to eliminate without further ado the economic and sexual exploitation of petites bonnes and requests it to keep it informed of the measures adopted and the results achieved in this field. It also requests the Government to take the necessary measures to ensure that persons who avail themselves of the forced labour of young persons under 18 years of age are prosecuted and that effective and dissuasive penalties are imposed. It further requests the Government to provide a copy of the Act governing the conditions of employment and work of domestic workers as soon as it is adopted.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the ICFTU’s allegations of the frequent cases of forced prostitution in some regions of the country, particularly in tourist towns and towns where there are major military installations. It also noted the Government’s indications that aiding, abetting or procuring young persons under 18 years of age for the purpose of prostitution is prohibited by section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003. It requested the Government to provide a copy of this Act.

The Committee notes with satisfaction that section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, prohibits the acts of aiding, abetting or protecting the prostitution of another person, receiving part of the earnings from the prostitution of another, or delivering, procuring or enticing a person into prostitution. Under the terms of section 499 of the Penal Code, the penalties are more severe where the above acts are committed in relation to a person under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted with interest that the Government has established many programmes of action since the launch of the ILO/IPEC programme in Morocco. Further to its previous comments, the Government indicates that between June 2001 and June 2005 the various measures taken have led to the removal from work of 2,500 children under 15 years of age, the prevention of 8,740 children from being engaged in work at an early age and the improvement of the living and working conditions of 4,866 children. The Committee requests the Government to continue providing information on the implementation of these programmes of action and on their impact in terms of protecting and removing child victims of sale and trafficking, forced labour and prostitution.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that the Penal Code establishes sufficiently effective and dissuasive penalties for the sale and purchase of young persons under 18 years of age (section 467-1), forced labour by children under 15 years of age (section 467-2) and the prostitution of persons under 18 years of age (sections 498, 499 and 501). The Committee notes the information provided by the Government on the judgments handed down by the various courts of appeal in the country relating to violence against young persons under 18 years of age. Noting the absence of detailed information on the types of violence concerned, the Committee requests the Government to specify the number of persons prosecuted and convicted for violations of the provisions prohibiting the sale and trafficking of children, forced labour, the use, procuring or offering of a child for prostitution, and the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its previous comments, the Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, May 2003, page 21) and the report on the situation relating to the sexual exploitation of children in the Middle East and North Africa (MENA) region (page 3) prepared for the Preparatory Regional Conference for the Yokohama Conference, it was very difficult to assess the extent of the sexual exploitation of children for both prostitution and pornography and that the data collected by the police and the judiciary only reflect part of the reality. The Committee also noted that there was a great deal of interest in the country in the subject and that it was 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 the country. The Committee further noted that a national plan of action to combat the sexual exploitation of children was under preparation by the Secretariat of State for the Family, Solidarity and Social Action. It requested the Government to provide information on the time-bound measures adopted to remove children from sexual exploitation and to ensure their rehabilitation and social integration.

The Committee notes with interest the Government’s indications that studies on the sexual exploitation of children were undertaken in 2004 by the Secretariat of State for the Family, Children and the Disabled, with the support of UNICEF and other partners, in Marrakech, Casablanca and Essaouira. The Government adds that 23 cases of procuring were brought to the relevant courts in 2003. The Committee also notes that training and awareness sessions have been organized for childrens’ judges, social workers and social assistants with a view to improving the implementation of the provisions of the Penal Code. Furthermore, the Government indicates that child victims of sexual exploitation can obtain assistance from health centres and institutions responsible for the rehabilitation and reintegration of child victims.

The Committee is also addressing a request directly to the Government on certain other points.