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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Morocco (Ratification: 2001)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee pointed out that the national legislation appeared to prohibit only the production and trafficking of drugs, and not the use of children for illicit activities, as the Convention requires. It asked the Government to take the necessary steps to align the legislation with the Convention. The Committee notes the information provided by the Government that, under the national legislation, nobody may be used in illicit activities, regardless of age. The Committee requests the Government to indicate, and provide a copy of, the provisions of the national legislation that prohibit the use, procuring or offering of children for illicit activities.

Article 5 and Part V of the report form. Mechanisms to monitor the implementation of the Convention in practice. The Committee referred previously to an observation on the application of the Labour Inspection Convention, 1947 (No. 81), in which it noted that studies on child labour in Morocco carried out in the context of a research project launched by the ILO, with the cooperation of UNICEF and the World Bank, had shown that the difficulties of monitoring child labour were essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee noted that 40 officials of the Ministry of Employment had received specific training with a view to reassigning them within the staff of the labour inspectorate.

The Committee notes that according to the ILO/IPEC activity reports for 2007 on a project to combat child labour in Morocco by creating a suitable national environment and providing for direct intervention against the worst forms of child labour in rural areas, there are only 30 labour inspectors for all the country’s rural areas. Consequently, in order to be operational for child labour, the labour inspection system would need to be strengthened. But, this is impossible without resources from the Government. The Committee notes the Government’s information that as soon as they become available, the data on the number of persons prosecuted or sentenced for breach of the national legislation on the worst forms of child labour will be sent to the Office. While noting that the economic situation does not always allow standards to be applied effectively, the Committee requests the Government to take the necessary steps to satisfy itself that the penalties established by law for the worst forms of child labour are really effective and strictly enforced. The Government is also asked to provide information, as soon as it becomes available, on the number of children protected by the measures giving effect to the Convention, the number and nature of violations reported, the investigations held, the legal action taken, and the sentences and penalties applied.

Article 7, paragraph 2. Effective and time‑bound measures. Clause (a). Preventing the employment of children in the worst forms of child labour. Access to free basic education for children removed from the worst forms of child labour. In its previous comments, the Committee noted that the school enrolment rate in rural areas had risen from 55.4 per cent to 87 per cent between 2002 and 2003, and that the education system had been reformed to improve the quality of teaching and step up scientific and technical education to encourage children to stay at school. It also noted that Morocco had adopted a new strategy to combat illiteracy in order to bring the illiteracy rate under 25 per cent by 2010.

The Committee takes due note of the information provided by the Government on the significant progress made in the education system and the national action programmes under way to fight school drop-out. It likewise notes the statistics showing school enrolment rates countrywide for 2003–04: 92.2 per cent for children aged from 6 to 11 years, 68.8 per cent for children aged from 12 to 14 years, and 42.9 per cent for children aged from 15 to 17 years. It notes, however, that according to a report by the United Nations Special Rapporteur on the right to education, February 2007 (A/HRC/4/29/Add.2, paragraphs 8 and 9), despite the increase in primary school enrolment, further efforts are still needed to guarantee the enrolment of the remaining 7 to 8 per cent of children outside the education system (around 1.5 million). Furthermore, despite a wide range of positive steps taken by the Government to fulfil the right to education, the Special Rapporteur considered the implementation of public policies and strategies, particularly regarding the generalization and quality of education, as one of the major challenges for effective and full realization of the right to education in the country. He observed that children in rural areas, particularly girls, working and street children, as well as children with disabilities, were often deprived of their fundamental right to education. Considering education to be one of the most effective means of combating child labour, particularly its worst forms, the Committee requests the Government to step up its efforts to improve the working of the education system to ensure that girls and boys have access to high quality education.

Clause (d). Children particularly at risk. Street children. The Committee noted previously that the Secretary of State for Social Protection, the Family and Children had set up a programme for the reintegration, education and protection of street children based on the comprehensive strategy for action focusing on the creation of neighbourhood centres, the strengthening of the legal framework and the mobilization of potential partners. It requested the Government to inform it of the impact of this strategy on the protection of street children against the worst forms of child labour.

The Committee notes that, according to the report of United Nations Special Rapporteur on the right to education, February 2007 (A/HRC/4/29/Add.2, paragraph 10), there are 600,000 street children, the great majority of whom do not attend school. It notes the information in the Government’s report to the effect that child protection units have been established as part of the national strategy for the reintegration and protection of street children. However, as these units are just beginning their work, it is not as yet possible to provide information on their operation. The Committee also notes that a national action plan for the integration of street children has been prepared. The Committee expresses its concern at the large number of street children and reminds the Government that such children are particularly exposed to the worst forms of child labour. It accordingly encourages the Government to pursue its efforts to protect children against these forms of labour and to provide information on the measures taken to this end under the national action plan for the integration of street children. The Committee also requests the Government to provide information on the work carried out with street children by the protection units, particularly with a view to their rehabilitation and integration incto society.