Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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 that, further to the mid-term evaluation of the National Action Plan for Children 2006–15, a major component of which was devoted to combating child labour, the Government indicated in 2011 that particular attention should be given to the issue of young girls employed as domestic workers. Further to the evaluation, the Government drew up an integrated child protection policy in 2013. It also awarded grants to seven associations in 2014, thereby enabling 692 children to be withdrawn from labour and living and working conditions for 66 children between 15 and 18 years of age to be improved, and organized six training sessions for labour inspectors. The Committee asked the Government to allocate the necessary budget for the implementation of the abovementioned child protection policy for 2013.

The Committee duly notes the Government’s indications that an integrated public child protection policy 2015–25 was adopted on 3 June 2015. The Government indicates that this policy aims to establish a durable protective environment for children against all forms of negligence, abuse, exploitation and violence. According to the Government, a budget has been allocated for the measures in the programme to implement the child protection policy for 2018 and these are going ahead. The Committee also notes that the Government, in its report of 20 February 2017 to the United Nations (UN) Human Rights Council, emphasized that child labour involving children between 7 and 15 years of age has decreased significantly, from 517,000 children in 1999 to 86,000 in 2013, and then to 57,000 in 2015. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour and requests the Government to provide information on the implementation of the integrated public child protection policy 2015–25 and on the results achieved in this respect.

Article 2(1) and (3). Scope of application and compulsory schooling. In its previous comments, the Committee noted that section 143 of the Labour Code excluded persons working on their own account from the protection afforded by the Labour Code, including with regard to the minimum age of 15 years for admission to employment or work. It noted the Government’s indication that children working on their own account were, however, protected by the Dahir of 13 November 1963 concerning compulsory education, as amended by Act No. 04.00 of 25 May 2000, which requires parents to send their children to school until the age of 15 years and establishes penalties for any refusal to do so. Moreover, the Government indicated that the emergency plan for the 2009–12 period, aimed at achieving compulsory schooling until the age of 15 years in practice, was being analysed and that the results would be the subject of a sectoral strategic plan for education 2015–18. The Committee noted with interest the 2.3 per cent increase in the school enrolment rate for the 2014–15 school year. It also welcomed the indication in the 2015 UNESCO report Education for all 2000–2015: Achievements and challenges that the net school enrolment rate had attained universal primary enrolment (99 per cent).

The Committee duly notes the Government’s indication that the “second chance” programme implemented as part of the child protection policy has enabled the reintegration of 67,216 pupils and the enrolment of 30,246 pupils in non-formal education. In addition, 29,808 pupils have been reintegrated in school through the community mobilization programme for educational awareness. The Government indicates that, according to statistical data published by the Ministry of National Education, the school enrolment rate for the 2015–16 school year reached 99.1 per cent for children between 6 and 11 years of age and 87.6 per cent for children between 12 and 14 years of age. The Government also indicates that reception spaces and conditions of schooling and training have improved. However, the Committee notes that no information has been provided on the primary school dropout rate. Moreover, the Government indicates that draft Framework Act No. 51-17 concerning the education, training and scientific research system, one of the aims of which is to achieve compulsory primary education in practice, was examined by the Council of the Government on 4 January 2018. The Committee notes that UNESCO, in its contribution to the compilation of information for the UN universal periodic review for April–May 2017, welcomes the Government’s “second chance” school programme as an appropriate framework for providing education outside the formal school system for children of school age not enrolled in school (page 8). While duly noting the steps taken by the Government to achieve compulsory schooling until the age of 15 in practice, the Committee recalls that compulsory schooling is one of the most effective means of combating child labour. It also requests the Government to continue its efforts to ensure compulsory schooling for children under 15 years of age, with a view to preventing them from working, especially on their own account and in the informal economy. The Committee requests the Government to provide information on the adoption of draft Framework Act No. 51-17 concerning the education, training and scientific research system, and to send a copy of the Act when it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee noted that Decree No. 2-04-465 of 29 December 2004 prohibits the engagement of any person under 18 years of age as an employed actor or performer in public performances without the written authorization of the official responsible for labour inspection, following consultation with the minor’s guardian. The Committee also noted the Government’s indication that the abovementioned Decree does not establish the particulars of the authorization by parents and the labour inspector, or the penalties to be applied in the event of violations, and that the law establishes details concerning working hours and conditions. The Committee further noted that section 145 of the Labour Code, which prohibits the employment of young persons under 18 years of age as actors or performers without prior individual written authorization from the official responsible for labour inspection. This provision does not require that permits granted to minors under 18 years of age in accordance with the abovementioned Decree shall limit the number of hours or prescribe the conditions for such employment or work. It asked the Government to take the necessary steps to amend the national legislation to bring it into line with Article 8 of the Convention.

The Committee notes the Government’s information that Act No. 68-16 promulgated by Dahir No. 1-16-116 of 25 August 2016 concerning artists and artistic professions devotes a chapter specifically to the employment of children and persons with disabilities. This Act prohibits the employment of children under 18 years of age as actors or performers in artistic performances without prior written authorization from the labour inspector. In this regard, the Committee notes that section 23 of the Act provides that the written and legalized consent of the child’s guardian must be obtained and that the government authorities responsible for culture and for children must be notified. The Government also indicates that Act No. 68-16 prohibits children under 18 years of age from performing dangerous stunts or shows that could jeopardize their life, health or morals. Moreover, under section 24, night work between 11 p.m. and 6 a.m. in any artistic performance is prohibited for children under 16 years of age.

The Committee notes with interest the adoption of Act No. 68-16, prohibiting any hazardous activity in artistic performances that could jeopardize the health, safety or morals of children under 18 years of age and prohibiting night work for children under 16 years of age. It notes that section 26 of the Act provides that the competent local administrative authorities shall take action in the event of violations of section 24 to prohibit the participation of children in the artistic activities in question. The Committee requests the Government to provide information on the application in practice of Act No. 68-16 concerning artists and artistic professions with respect to children under 18 years of age.