Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - Maroc (Ratification: 2000)

Autre commentaire sur C138

Observation

Demande directe

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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. In this regard, the Committee noted that the activities envisaged in the PANE include support for NGOs working to combat child labour and the preparation for 2012 of a study on the working conditions of children. The Committee also noted that the PANE aims to remove children under 15 years of age from work situations at the rate of 10 per cent a year until 2015 and to improve the situation of needy families at the rate of 5 per cent a year. The Committee noted the Government’s indications that significant efforts were made during the first phase of the implementation of the PANE between 2006 and 2010. The Committee also observed that a Bill on domestic work had been finalized, with the objective of determining the working conditions and terms and conditions of employment of domestic workers and prohibiting the employment of girls under 15 years of age as domestic workers.

The Committee notes the Government’s indications that a process of updating the PANE has been initiated in light of the new sectoral strategies developed in 2007 with a view to introducing new indicators to improve follow up and evaluation, and that the process was completed with the holding of the national mid-term evaluation workshop of the PANE and the preparation of its second phase in May 2011 in Rabat. The Government adds that a copy of the Bill on domestic workers will be provided once it has been adopted, and that the study on the working conditions of children in the region will be commenced in the near future. The Committee requests the Government to continue providing information on the implementation of the PANE and on the results achieved in terms of the progressive abolition of child labour. It requests the Government to provide a copy of the Act on domestic work, when it has been adopted. It also requests the Government to supply the findings of the national study on working conditions, once it has been completed. In so far as possible, statistical data should be disaggregated by age and sex.

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 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 does 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 on 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 supervision in the informal economy. The Committee however noted that an emergency plan had been adopted for the period 2009–12, consisting of ten projects aimed at giving effect to the requirement to attend school up to the age of 15 years including, in particular, the development of the pre-school level, equality of opportunity with regard to access to compulsory education and measures to reduce the repetition of classes and school drop-out rates.

The Committee notes the Government’s indications concerning the measures taken in the context of the emergency programme. The Government indicates that, in order to guarantee a place for each child in school, the Ministry of National Education created 499 new schools, including 205 primary schools, 88 middle schools and 136 high schools, which opened their doors between the 2007–08 and 2010–11 school years. The Ministry also plans the establishment of 290 additional schools, consisting of 141 primary schools, 78 middle schools and 71 high schools. Furthermore, with a view to combating school drop-outs, the Ministry has established educational mechanisms for the personalized follow-up of students at school. In this context, the Government indicates that 4,066,649 children benefited from personalized follow-up measures in 2011. The Committee notes with interest the Government’s indication that satisfactory results continue to be achieved: primary schooling is almost generalized, as the school enrolment rate recorded in 2011–12 is 97.9 per cent (97 per cent for girls); the rate of the repetition of classes in primary school fell between 2008–09 and 2011–12 from 16 to 8.2 per cent; and the drop-out rate in primary school was 3.2 per cent in 2011–12. 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 rate of repeating school years and of school drop-outs, particularly for children under 15 years of age, with a view to preventing them from working 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 2(1) and Part V of the report form. Minimum age for admission to employment and application of the Convention in practice. 1. Child workers in informal artisanal activities and other sectors. 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 informal artisanal activities. It also noted that, according to the report entitled, “Understanding children’s work in Morocco” (pp. 19, 20, 22 and 23), some 372,000 children aged between 7 and 14 years, representing 7 per cent of the reference group, were engaged in work, 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 working in the agricultural sector. In urban areas, children were engaged in the textile, commercial and repairs sectors. The Committee noted the assessment of the activities undertaken with ILO–IPEC support for the prevention and removal of thousands of children from work. However, it observed that, under the terms of section 4 of the Labour Code, employers in purely traditional sectors, that is those involving manual work, with the assistance of their partners, ascendants and descendants, and with a maximum of five assistants, at home or in another place of work, for the purpose of manufacturing traditional products for commercial sale, are excluded from the scope of application of the Labour Code. The Committee therefore noted that children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not benefit from the protection of the Labour Code and, consequently, from the application of the minimum age of 15 years. The Committee requested the Government to take measures to ensure that the minimum age of 15 years is duly applied to all children working in artisanal activities.

The Committee notes the Government’s indication that a Bill to determine the conditions of work and employment in activities of a purely artisanal nature has been prepared in collaboration with the Department of Artisanal Activities. The Bill includes a section prohibiting work by children under the age of 15 years, in accordance with sections 143 and 153 of the Labour Code. The final version of the Bill has been sent to the General Secretariat of the Government and is in the process of being adopted. The Government adds that the Ministry of Artisanal Activities, in collaboration with ILO–IPEC, is continuing to work on projects to combat child labour in the artisanal sector. Expressing the hope that the Bill to determine the conditions of work and employment in activities of a purely artisanal nature will establish a minimum age of 15 years for all children working in artisanal activities, the Committee requests the Government to take measures to ensure that the Bill is adopted in the near future and to provide a copy to the Office. It requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of any relevant projects, and on the results achieved with regard to the progressive abolition of child labour, particularly in the artisanal sector.

2. Child domestic workers. In its previous comments, the Committee noted that, according to the report “Understand children’s work in Morocco”, children working in urban areas were mainly engaged in domestic work. The Committee also noted that, according to the observations provided previously by the ITUC, some 50,000 children, mainly girls, are employed in domestic work, including 13,000 young girls under the age of 15 who are employed as servants in Casablanca, with 70 per cent of them being under 12 years of age and 25 per cent under 10 years of age. In this respect, the Committee noted that a Bill on domestic work had been formulated in 2007 and was in the process of being validated. The Bill fills the current legislative gap and sets the minimum age for admission for this type of employment at 15 years, lays down conditions of work and establishes supervisory measures and penalties, including imprisonment, for persons employing children under 15 years of age. The Committee noted the Government’s indication that the process of adopting the Bill on domestic work had been under way since June 2011.

The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) according to which, with the entry into office of the new Government, the Bill on domestic work has been withdrawn from Parliament and submitted once again to the Council of the Government on 12 March 2012, which deferred it for in-depth examination. The Committee once again expresses the firm hope that the Bill which has been under examination for a certain number of years, will be adopted in the very near future. It requests the Government to provide information in its next report 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 Decree No. 2-04-465 of 29 December 2004 does not establish the particulars of the authorization by parents and the labour inspector, nor 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 “[n]o minor under 18 years of age may, without the prior individual authorization in writing of the official responsible for labour inspection, for each minor, 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 her or his own initiative or at the initiative of any authorized person”. The Committee however noted that this provision does not require that permits granted to minors under 18 years of age, under the 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 observes that the Government’s report does not contain any further information on this subject. It once again reminds the Government that Article 8 of the Convention requires the permits granted allowing minors under 18 years of age to participate in artistic performances to limit the number of hours during which and to prescribe the conditions in which employment or work is allowed. The Committee 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.

Article 9(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, shall be punishable by a fine of 25,000–30,000 dirhams (US$3,000–$3,600), and that a repeat 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–$7,200). It nevertheless noted that sections 150 and 183 of the Labour Code provide for a fine of between 300 and 500 dirhams (between US$36 and $60) for breaches of section 147 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work) or section 179 (prohibiting the employment of children under 18 years of age in quarries or mines, or in work likely to hamper their growth). The Committee also noted that, before resorting to penalties, labour inspectors have to give advice and information to employers on the dangers to which child workers are exposed. Under the terms of sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the legislative provisions or regulations respecting safety and healthy, which poses an imminent risk to the health or safety of the workers, shall issue an order requiring the employer to take all the necessary measures immediately. If the employer refuses or fails to comply with the requirements set out in the order, the labour inspector shall 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 establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed 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 notes the Government’s indications that 383 establishments were inspected in 2011, and that 1,234 reports of violations were drawn up and 63 warnings were issued to employers. In addition, four notifications were referred to the competent courts for decision. The Government indicates that the sectors which mainly employ children under 15 years of age are commerce and mechanical work (40 per cent), carpentry (23 per cent), manufacturing (15 per cent) and textiles and agriculture (5 per cent). The Committee notes that, according to the 2011 report on child labour at the national level provided by the Government with its report, labour inspections revealed that the violations reported by employers in relation to child labour often relate to failure to comply with the minimum age for employment or work. According to the report, in such cases, the employers often respond positively to the observations made by inspectors, particularly in relation to the employment of children below the minimum age of 15 years, and the children are immediately removed from the work in question.

However, the Committee once again observes that the penalties envisaged in sections 150 and 183 of the Labour Code in relation to the employment of children under 18 years of age in hazardous work are still not sufficiently adequate and dissuasive to ensure the application of the provisions of the Convention respecting hazardous work, in accordance with Article 9(1) of the Convention, particularly when compared with the penalties envisaged in section 151 of the Labour Code, which are much more severe. The Committee once again reminds the Government that it is necessary to ensure the application of the Convention through penalties set out in law. The Committee therefore once again urges the Government to take the necessary measures to ensure that any person in breach of the provisions prohibiting the employment of children under 18 years of age in hazardous types of work is prosecuted and that sufficiently effective and dissuasive penalties are applied. It once again requests the Government to provide information on the type of violations detected by the labour inspection services, the number of persons prosecuted and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.