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

Minimum Age Convention, 1973 (No. 138) - Morocco (Ratification: 2000)

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.