Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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 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 per year until 2015 and to improve the situation of needy families at the rate of 5 per cent per year. The Committee also noted that the issue of combating child labour had been included in other national social development strategies in Morocco, including the Government Declaration for the period 2007–11 and the National Human Development Initiative (INDH),

The Committee notes the Government’s indications that significant efforts have been made during the first phase of the implementation of the PANE between 2006–10. The Committee observes, among other action, that a bill on domestic labour has 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 Government adds that the national study on the working conditions of children has not yet been undertaken, but that it is planned for 2012. Finally, the Committee notes the Government’s indication that the aims of the INDH include prevention, protection and the integration of children as essential human capital for development. The fields of action covered by the INDH accordingly include projects in the field of education and training to improve learning, as well as projects for shelters intended for young homeless persons, street children, abandoned children and other needy children. The Committee requests the Government to continue providing information on the implementation of the PANE and the INDH, 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, once it has been adopted. It also requests the Government to provide the findings of the national study on working conditions, when it has been completed. To the extent possible, the 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 notes 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, which requires parents to enrol their children at school and 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 10 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 repetition and drop-out rates. However, the Committee notes that, according to the 2008 UNESCO report entitled Education for All by 2015: Will we make it?, although school attendance rates have increased significantly in Morocco (20 per cent), the rate of the repetition of the first year of primary school is one of the highest in the region and stands at 16 per cent.

The Committee notes the Government’s indication that the emergency programme is still being implemented in Morocco. It notes with interest the statistics provided by the Government, according to which the school attendance rate in primary school increased from 91.4 per cent in 2007 to 97.5 per cent in 2010 (for girls, the rate rose from 89.1 per cent to 96.3 per cent). It also notes that the school drop-out rate in primary school fell from 5.4 per cent in 2006 to 3.1 per cent in 2010. The Government adds that 38,197 children benefited from formal education programmes in 2010, compared with 33,177 in 2008. Noting the efforts made by the Government and 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 attendance rate, particularly for children under 15 years of age, so as to prevent them from working, especially on their own account and in the informal sector. 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. Child workers in artisanal industries 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 industries. 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 notes the Government’s indication that the outcome of the activities undertaken with ILO–IPEC support as from 2010 is that: 12,192 children have been removed from child labour and 21,694 have been prevented from working. The Government adds that the activities of the National Office to Combat Child Labour resulted in 218 children under 15 years of age being removed from work in 2010 and that interventions by associations covered by agreements with the Ministry of Employment and Vocational Training led to 249 children under 15 years of age being removed from work in 2009. The Committee once again reiterates its appreciation of the efforts made and the measures taken by the Government to abolish child labour, efforts which it considers to be a reflection of the political resolve to develop strategies to overcome these problems. However, the Committee observes that, by virtue of section 4 of the Labour Code, employers in purely traditional sectors, i.e. performing manual work, with the assistance of their partners, ascendants and descendants, and with a maximum of five assistants, at home or at another place of work, for the purpose of manufacturing traditional products for commercial sale, are excluded from the scope of application of the Code. The Committee therefore notes that children employed in informal artisanal industries, or formal artisanal industries involving five employees or less, do not benefit from the protection of the Labour Code and, consequently, from the application of the minimum age of 15 years. The Committee requests the Government to take measures to ensure that the minimum age of 15 years is duly applied to all children working in artisanal industries. It requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of the projects referred to above and any other relevant projects, as well as on the results achieved in terms of the progressive abolition of child labour.

Child domestic workers. In its previous comments, the Committee noted that, according to the “Understanding Children’s Work in Morocco” report, children working in urban areas were often employed in domestic work. The Committee also noted that, according to past observations communicated by the ITUC in response to the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), some 50,000 children, mainly girls, are employed in domestic work. Of these, about 13,000 are young girls under the age of 15 employed as servants in Casablanca, with 70 per cent of them under 12 years of age and 25 per cent under 10 years of age. In this regard, in its comment under Convention No. 182, the Committee noted that a bill on domestic work was elaborated and in the process of being validated by national authorities. This bill fills the current legislative gap and sets the minimum age for admission to 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 notes the Government’s indication, in its report under Convention No. 182, that the process to adopt the bill on domestic work has been under way since June 2011. The Committee expresses the firm hope that this bill will be adopted as soon as possible. It requests the Government to provide information on the progress made in this regard in its next report.

Article 3(2). Determination of hazardous types of work. The Committee notes with interest the adoption of Decree No. 2-10-183 of 16 November 2010 determining the list of hazardous types of work in which it is prohibited to engage certain categories of persons, including children under 18 years of age. This Decree replaces the Decree of 29 December 2004 and extends by over 30 the number of hazardous occupations prohibited for children, such as greasing operations, the use of certain machines, demolition work, glass melting, any work exposing them to ionizing radiations, the manufacture or transport of explosives, and other types of work.

Article 8. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 prohibits the employment of any minor under 18 years of age as an 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 Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, nor the penalties to be applied in the event of violation, and that the law sets out details concerning working hours and conditions. In this respect, the Committee noted that section 145 of the Labour Code provides that “No minor under 18 years of age may, without the prior individual authorization in writing of the official responsible for labour inspection, granted following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw the authorization previously granted, either at 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 of 29 December 2004 must limit the number of hours during which and prescribe the conditions in which such employment or work is allowed.

The Committee notes the Government´s indication that the Labour Code sets out all the detailed provisions concerning working hours and working conditions. The Government adds that the authorizations granted to minors to participate in artistic performances are not employment contracts and consequently do not contain details of working conditions. The Committee however reminds the Government that Article 8 of the Convention requires the permits granted to allow minors to participate in artistic performances to limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation 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 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 to 30,000 dirhams (US$3,000 to $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 to 60,000 dirhams (US$6,000 to $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 legislation provisions or regulations respecting health and safety, which poses an immediate 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 undertaking and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who employ 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 the number of reports of employers in breach of the law increased from 803 in 2008 to 874 in 2009, and to 1,863 in 2010. The Government adds that the number of offences and violations rose from 67 in 2008 to 451 in 2009, falling back to 45 in 2010, and that reports have been drawn up and sent to the respective courts for decision. However, the Government does not indicate whether these reports of violations relate specifically to violations of the provisions giving effect to the Convention or whether penalties have been applied to the employers. The Committee once again reminds the Government that it is necessary to ensure the application of the Convention by means of penalties set out in the legislation. The Committee also once again observes that the penalties envisaged in sections 150 and 183 of the Labour Code, relating to the employment of children under 18 years of age in hazardous work, are still not adequate and sufficiently dissuasive to ensure the application of the provisions of the Convention relating to hazardous types of work, in accordance with Article 9(1), of the Convention, particularly when they are compared with the penalties envisaged in section 151 of the Labour Code, which are much more severe. The Committee therefore urges the Government to take the necessary steps to ensure that any person who violates 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 applied.