Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the Government’s report.

Article 1 of the Convention. National Policy. The Committee notes the Government’s information that a National Action Plan for Children (2006–15) (PANE) has been adopted, a major component of which is devoted to combating child labour. The Committee requests the Government to provide information on the measures taken to abolish child labour in implementing the abovementioned Plan.

Article 2, paragraphs 1 and 3. Scope of application and compulsory schooling. The Committee noted previously that, under section 143 of the Labour Code, “minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years”, and observed that the protection provided by the Labour Code does not apply to persons working on their own account. It nonetheless noted that according to the report “Understanding children’s work in Morocco” prepared by the ILO, UNICEF and the World Bank in March 2003, (pp. 2–22), 85 per cent of working children under 14 years of age were in agriculture, where they worked for their families and not for wages. The commerce sector, which employs many children in urban areas, likewise included a large number of children working for their families without wages (59 per cent) and a high proportion of self-employed workers (around 26 per cent of children). The Committee asked the Government to indicate the measures taken or envisaged to ensure that the protection established by the Convention is secured for these children.

In its report, the Government indicates that the provisions of the Labour Code apply to all sectors, including agriculture and crafts. It further indicates that, although the Labour Code does not protect children working on their own account, they are protected by the Dahir of 13 November 1963 on compulsory schooling, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school subject to penalties. The Government states that it has made considerable progress as regards the education system and has implemented national action programmes to combat school drop‑out. It also gives countrywide statistics showing the child enrolment rate for 2003–04: 92.2 per cent for the 6 to 11 years age group, 68.8 per cent for the 12 to 14 years age group and 42.9 per cent for the 15 to 17 years age group. While taking due note of this information and of the progress made in terms of school enrolment, particularly among children from 6 to 11 years, the Committee observes that the enrolment rate for children in the 12 to 14 years group shows that a number of them leave school before reaching the minimum age for admission to employment and are found on the labour market. The Committee considers that education is one of the most effective means of combating child labour, and requests the Government to redouble its efforts to improve the school attendance rate, particularly among children aged from 12 to 14 years, in order to prevent them from working, particularly on their own account. In this regard, it invites the Government to envisage the possibility of assigning to labour inspectors special duties regarding children working in the informal sector.

Article 2, paragraph 1, and Part V of the report form. Minimum age for admission to employment, and application of the Convention in practice. In its previous comments, the Committee took note of the information provided by the International Trade Union Confederation (ITUC) to the effect that child labour was common in the informal craft industry, generally in small family workshops producing carpets, pottery, and articles of wood and leather. It also noted that, according to the report “Understanding children’s work in Morocco” (see pp. 19, 20, 22 and 23), some 372,000 children aged from 7 to 14 years – 7 per cent of the reference group – worked; for the 12 to 14 age group, 18 per cent of children were economically active. Of children who worked, 87 per cent were in rural areas, where they were found in the agricultural sector. In urban areas, children were engaged in the textiles, commerce, repairs and domestic service sectors. The average working time of these children was 45 hours a week, with substantial variations depending on the sector.

The Committee takes due note of the detailed information sent by the Government on the measures it has taken to abolish child labour, particularly by implementing a Programme to Combat Child Labour in the Crafts Sector in Marrakesh, similar to the one in Fez, the objective of which is to prevent child labour in this type of work, remove children who engage in it and ensure that they are reintegrated into formal schooling. It also notes the detailed information sent by the Government about the Vocational Training Programme based on apprenticeship in the crafts sector, which has enabled a large number of children to receive training. The Committee further notes from activity reports on the ILO/IPEC Project to Abolish Child Labour in French-speaking Africa for 2006, that a number of activities have been carried out, including measures to build capacity in various government institutions and to raise awareness about the problems of child labour. As to children in domestic work, the Committee notes that a Bill setting a minimum age of 15 years for admission to this type of employment is before Parliament and a special budget has been established for activities in this sector. The Committee notes that, according to the Government, since the start up of the ILO/IPEC project, which covers activities, inter alia, in commerce, services, agriculture and crafts, more than 8,090 children have been removed from work and granted viable alternatives, and more that 15,600 children have been prevented from taking up work.

The Committee much appreciates the efforts and measures undertaken by the Government to abolish child labour, and considers that they reflect a political resolve to develop strategies to overcome these problems. It notes, however, that application of the legislation on child labour appears to be difficult and that, in practice, child labour continues to be a problem in Morocco. The Committee therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to continue to provide information on the implementation of the abovementioned projects and on the results obtained in terms of the gradual elimination of child labour. It also asks the Government to provide information on the manner in which the Convention is applied in practice, providing, inter alia, details of the number of inspection visits conducted each year, the number and nature of the offences reported and the penalties applied.

Article 9, paragraph. 1. Sanctions. The Committee noted previously that section 151 of the Labour Code provides that employment of a child under 15 years of age in breach of section 143 of the Code, is punishable by a fine of 25,000 to 30,000 dirhams (US$3,000 to 3,600), and a second offence is subject to a term of imprisonment of six days to three months and/or a fine of 50,000 to 60,000 dirhams (US$6,000 to 7,200). It nonetheless noted that sections 150 and 183 of the Labour Code provide for a fine of 300 to 500 dirhams (US$36 to 60) for breaches of section 147 (banning the employment of children under 18 years of age in hazardous work) or of section 179 (prohibiting the employment of children under 18 years of age in quarries and mines or in work likely to hamper their growth). Considering that the fines set in sections 153 and 183 of the Labour Code are derisory, the Committee requested the Government to take steps to ensure that penalties for employing children in breach of the law are adequate and dissuasive.

In its report, the Government states that the Labour Code has increased the amount of fines for breach of provisions on the protection of child workers. The Committee points out that although the penalties provided for in section 151 of the Labour Code are heavier, it considers that those set in sections 150 and 183 are not adequate or dissuasive enough to ensure application of the Convention’s provisions on hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure that dissuasive and effective enough penalties are set for breaches of the Labour Code’s provisions on hazardous work.

The Committee raises other matters in a request addressed directly to the Government.