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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy. The Committee notes that the development of the National Plan for Children (2017-21) is based on strategic objectives defined in the integrated public child protection policy, including the strengthening of the legal framework for child protection and the establishment of regional integrated child protection mechanisms (DTIPE). In this respect, as part of the DTIPE implementation programme, several achievements have been recorded, including: (1) the creation of provincial child protection committees in 17 provinces; (2) the establishment of child protection and support centres in the provinces by the Ministry of Solidarity and Social Integration, in partnership with the National Assistance Agency and the National Initiative for Human Development and Local Authorities; (3) the development of a training and capacity-building programme for the staff of four DTIPEs, with the support of the European Union and UNICEF.

The Committee also takes note of the Wladna programme, which was launched in 2021 to continue the work of the DTIPEs. The implementation of this programme notably includes: (1) conducting a diagnosis of services with regard to structures and their action plan for child protection; (2) evaluating the information system and its deployment it in targeted areas and supporting key stakeholders to facilitate its use and maintenance; (3) launching a training programme on child protection for stakeholders with new DTIPEs; and (4) continuing the process of drawing up the framework protocol for child protection and providing assistance to local stakeholders with a view to its implementation.

The Committee also notes the implementation of a road map aimed at eliminating child labour by 2025, with technical assistance from the Office, in line with target 8.7 of the Sustainable Development Goals. The Committee requests the Government to provide detailed information on the results achieved in the implementation of the integrated public child protection policy, in particular the number of children who have been withdrawn from labour and have benefited from protection and reintegration measures. It also requests the Government to provide information on the implementation of the road map for the elimination of child labour by 2025.

Article 2(1) and (3). Scope of application and compulsory schooling. The Committee takes due note of the adoption of Framework Act No. 51-17 of 9 August 2019 concerning the education, training and scientific research system, the implementation of which focuses on equality of opportunity, improving the quality of education and training, and governance and mobilization.

The Committee notes the information provided by the Government according to which a total of 6.9 million pupils were enrolled in public schools during the 2022-23 school year, taught by over 290,000 teachers in around 11,000 schools, including 7,000 in rural areas. In addition, more than 26,000 classrooms were fitted out in public primary schools, including 18,000 in rural areas, to accommodate almost 525,000 children. This marks a 14 per cent increase over the previous year, with a 63 per cent increase in rural areas. The Committee encourages 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 also requests the Government to provide information on school dropout rates, disaggregated by age and gender.

Article 8. Artistic performances. The Committee notes the adoption of draft Decree No. 2.22.227 of 28 April 2022 amending Decree No. 2.18.546 of 24 August 2018, establishing the list of artistic professions, so that it is in line with the professions provided for in Act No. 68.16 concerning artists and artistic professions, prohibiting any hazardous activity in artistic performances that could jeopardize the health, safety or morals of children under 18 years of age, as well as night work for children under 16 years of age.

The Committee notes that the labour inspectorate has not received any complaints concerning the application of section 24 of Act No. 68.16, which stipulates that children between 16 and 18 years of age may be engaged in artistic performances between 11 p.m. and 6 a.m., subject to prior written authorization from the labour inspector and notice to the government authority responsible for culture at the regional or provincial level. In this regard, the Committee requests the Government to continue 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, including on the number of children under 18 years of age involved in artistic activities.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 2(1) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. Children working in informal artisanal activities and other sectors. The Committee recalls that informal artisanal activities and formal artisanal activities involving five employees or fewer, are excluded from the application of the Labour Code under section 4. Therefore, section 143 of the Labour Code, which sets a minimum age of 15 years for employment or work, does not apply to these sectors. In this regard, the Committee notes the information provided by the Government, in its report, indicating that the bill concerning conditions of work and employment in activities of a purely traditional nature, prohibiting work for children under 15 years of age in this sector, was amended and referred to the Secretariat-General of the Government in 2017. It indicates that in 2022, consultations on the bill were resumed by the Department of Economic Inclusion of Small Enterprises and Employment, with the Department responsible for handicrafts and the Moroccan Federation of Chambers of Handicrafts. However, the Government indicates that the adoption process has been delayed by another bill concerning the exercise of artisanal activities, as well as the exceptional circumstances imposed by the COVID-19 pandemic.

The Committee also notes the Government’s indication that one of the conditions for obtaining the national quality label for handicrafts is the non- employment of children under 15 years of age. This measure seeks to promote quality among craftworkers and enterprises in the artisanal sector. The Government also indicates that it will continue to fund the apprenticeship training programme, in accordance with the provisions of section 6 of Act No. 12-00 on vocational training, which requires beneficiaries to be over 15 years of age. The Committee reiterates the firm hope that the bill concerning conditions of work and employment in activities of a purely traditional nature will be adopted in the very near future and requests the Government to send a copy when it has been adopted. It requests the Government to continue its efforts to combat child labour, especially in the artisanal sector.

Child domestic workers. As regards the issue of child domestic labour, the Committee requests the Government to refer to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(1). Penalties. Further to its previous comments, the Committee notes the Government’s information that labour inspectors recorded 509 observations relating to child labour and removed 13 children under 15 years of age from child labour and 37 children aged 16 to 18 from hazardous work. Moreover, in 2021, the Department responsible for labour signed eight partnership agreements with civil society associations in this regard. As part of the implementation of these agreements, a total of 332 children under 15 years of age were removed from child labour and 180 children aged 16 to 18 were removed from hazardous work.

However, the Committee once again notes with regret that the Government has not sent any information on the number of persons prosecuted and the penalties imposed on persons violating provisions giving effect to the Convention. Furthermore, the Committee notes with concern that, despite the fact that it has been raising this issue since 2005, the penalties for violating the prohibition on the employment of children under 18 years of age in hazardous work still do not constitute an adequate deterrent to ensure the application of the provisions of the Convention concerning hazardous work. The Committee urges the Government to take the necessary measures, without delay, to ensure that all persons who employ children under 18 years of age in hazardous work are prosecuted and incur penalties that constitute an effective and adequate deterrent, in accordance with Article 9(1) of the Convention and in line with the more severe penalties envisaged in section 151 of the Labour Code. The Committee also encourages the Government to address the root causes of child labour in the country. The Committee also requests the Government to provide information on the type of violations of the Convention detected by the labour inspection services, the number of persons prosecuted for each type of violation and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. 1. Children working in informal artisanal activities and other sectors. In its previous comments, the Committee noted that, according to the International Trade Union Confederation (ITUC), child labour was common in informal artisanal activities. It also noted that, according to the report entitled “Understanding Children’s Work in Morocco”, 7 per cent of children between 7 and 14 years of age were engaged in work, while 18 per cent of children were economically active in the 12 to 14 age group. According to this study, 87 per cent of working children were in rural areas, where they worked in agriculture. The Committee also observed that, under section 4 of the Labour Code, children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not enjoy the protection of the Labour Code and, consequently, do not benefit from the application of the minimum age of 15 years for admission to employment or work. The Committee noted that, according to the survey of children’s work in small agricultural undertakings in Morocco (2014), the average age of children working in small agricultural undertakings was 14.3 years, with the over-15 age group accounting for nearly 57 per cent of the total and the under-12 age group for 10 per cent. It further noted that the average school dropout age was 13 years. The Committee noted with interest the Government’s statement that the bill concerning conditions of work and employment in activities of a purely traditional nature (bill on traditional activities), which prohibits work for children under 15 years of age in this sector in accordance with sections 143 and 153 of the Labour Code, was examined by the Council of the Government on 25 December 2014.

The Committee notes the Government’s indication in its report that the bill on traditional activities has been amended to incorporate new protectionist provisions which are favourable to workers in the sector and that it was referred to the Secretariat-General of the Government on 7 June 2018. The Committee also notes that, according to the quarterly employment survey of the Office of the High Commissioner for Planning, a total of 46,662 children under 15 years of age were engaged in work in the third quarter of 2017 and over 88 per cent of them were working in rural areas. The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of December 2016, expressed concern at the continued economic exploitation of children, particularly in agriculture (CCPR/C/MAR/CO/6, paragraph 47). The Committee recalls that the Convention applies to all sectors of economic activity and all forms of employment or work, including the artisanal and agricultural informal economy.The Committee expresses the firm hope that the bill concerning conditions of work and employment in activities of a purely traditional nature will be adopted in the very near future and requests the Government to send a copy when it has been adopted. It requests the Government to continue its efforts to combat child labour, especially in the artisanal and agricultural sectors, and to provide information on the implementation of any project in this regard and the results achieved.

2. Child domestic workers.As regards the issue of child domestic labour, the Committee requests the Government to refer to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(1). Penalties. In its previous comments, the Committee 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 25,000–30,000 dirhams (MAD) (US$3,000–3,600), and that a repeat offence is subject to a term of imprisonment of six days to three months and/or a fine of MAD50,000–60,000 (US$6,000–7,200). It nevertheless noted that sections 150 and 183 of the Labour Code provide for a fine of MAD300–500 (US$36–60) for breaches of sections 147 and 179 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work, in quarries or mines, or in work likely to hamper their growth). The Committee noted with regret the lack of information on any legislative amendments relating to penalties for violations of the ban on employing children under 18 years of age in hazardous work. Furthermore, the Committee noted that, before resorting to penalties, labour inspectors must give advice and information to employers on the dangers to which child workers are exposed. Under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the safety and health provisions or regulations that poses an imminent risk to the workers’ health or safety shall issue an order requiring the employer to take all the necessary measures immediately. It is only if the employer refuses or fails to comply with the requirements of the order that the labour inspector shall immediately refer the matter to the court of first instance, where the employer may be given a deadline for taking all necessary steps to prevent the imminent danger and may order the closure of the establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed 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 in 2017 labour inspectors carried out 684 inspections in which they made 2,306 observations and issued 43 compliance notices. The Government indicates that, out of 85 working children under 15 years of age, 70 were removed from work and, out of 542 children between 15 and 18 years of age engaged in hazardous work, 158 were removed from such work. The Committee notes with regret that the Government has not sent any information on the number of persons prosecuted and the penalties imposed on persons violating provisions giving effect to the Convention. Furthermore, the Committee notes with concern that despite the fact that it has been raising this issue since 2005, the penalties for violating the prohibition on the employment of children under 18 years of age in hazardous work still do not constitute an adequate deterrent to ensure the application of the provisions of the Convention concerning hazardous work.The Committee urges the Government to take the necessary measures to ensure that all persons who employ children under 18 years of age in hazardous work are prosecuted and incur penalties that constitute an effective and adequate deterrent, in accordance with Article 9(1) of the Convention and in line with the more severe penalties envisaged in section 151 of the Labour Code. The Committee also requests the Government to provide information on the type of violations of the Convention detected by the labour inspection services, the number of persons prosecuted for each type of violation and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(1) of the Convention. Minimum age for admission to employment or work and application of the Convention in practice. 1. Children working in informal artisanal activities and other sectors. In its previous comments, the Committee noted that, according to the International Trade Union Confederation (ITUC), child labour was common in informal artisanal activities. It also noted that, according to the report entitled “Understanding Children’s Work in Morocco”, 7 per cent of children between 7 and 14 years of age were engaged in work, while 18 per cent of children were economically active in the 12 to 14 age group. According to this study, 87 per cent of working children were in rural areas, where they worked in agriculture. The Committee also observed that, under section 4 of the Labour Code, children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not enjoy the protection of the Labour Code and, consequently, do not benefit from the application of the minimum age of 15 years for admission to employment or work. The Committee noted that, according to the survey of children’s work in small agricultural undertakings in Morocco (2014), the average age of children working in small agricultural undertakings was 14.3 years, with the over-15 age group accounting for nearly 57 per cent of the total and the under-12 age group for 10 per cent. It further noted that the average school dropout age was 13 years. The Committee noted with interest the Government’s statement that the bill concerning conditions of work and employment in activities of a purely traditional nature (bill on traditional activities), which prohibits work for children under 15 years of age in this sector in accordance with sections 143 and 153 of the Labour Code, was examined by the Council of the Government on 25 December 2014.

The Committee notes the Government’s indication in its report that the bill on traditional activities has been amended to incorporate new protectionist provisions which are favourable to workers in the sector and that it was referred to the Secretariat-General of the Government on 7 June 2018. The Committee also notes that, according to the quarterly employment survey of the Office of the High Commissioner for Planning, a total of 46,662 children under 15 years of age were engaged in work in the third quarter of 2017 and over 88 per cent of them were working in rural areas. The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of December 2016, expressed concern at the continued economic exploitation of children, particularly in agriculture (CCPR/C/MAR/CO/6, paragraph 47). The Committee recalls that the Convention applies to all sectors of economic activity and all forms of employment or work, including the artisanal and agricultural informal economy. The Committee expresses the firm hope that the bill concerning conditions of work and employment in activities of a purely traditional nature will be adopted in the very near future and requests the Government to send a copy when it has been adopted. It requests the Government to continue its efforts to combat child labour, especially in the artisanal and agricultural sectors, and to provide information on the implementation of any project in this regard and the results achieved.

2. Child domestic workers. As regards the issue of child domestic labour, the Committee requests the Government to refer to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(1). Penalties. In its previous comments, the Committee 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 25,000–30,000 dirhams (MAD) (US$3,000–3,600), and that a repeat offence is subject to a term of imprisonment of six days to three months and/or a fine of MAD50,000–60,000 (US$6,000–7,200). It nevertheless noted that sections 150 and 183 of the Labour Code provide for a fine of MAD300–500 (US$36–60) for breaches of sections 147 and 179 of the Labour Code (prohibiting the employment of children under 18 years of age in hazardous work, in quarries or mines, or in work likely to hamper their growth). The Committee noted with regret the lack of information on any legislative amendments relating to penalties for violations of the ban on employing children under 18 years of age in hazardous work. Furthermore, the Committee noted that, before resorting to penalties, labour inspectors must give advice and information to employers on the dangers to which child workers are exposed. Under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the safety and health provisions or regulations that poses an imminent risk to the workers’ health or safety shall issue an order requiring the employer to take all the necessary measures immediately. It is only if the employer refuses or fails to comply with the requirements of the order that the labour inspector shall immediately refer the matter to the court of first instance, where the employer may be given a deadline for taking all necessary steps to prevent the imminent danger and may order the closure of the establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed 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 in 2017 labour inspectors carried out 684 inspections in which they made 2,306 observations and issued 43 compliance notices. The Government indicates that, out of 85 working children under 15 years of age, 70 were removed from work and, out of 542 children between 15 and 18 years of age engaged in hazardous work, 158 were removed from such work. The Committee notes with regret that the Government has not sent any information on the number of persons prosecuted and the penalties imposed on persons violating provisions giving effect to the Convention. Furthermore, the Committee notes with concern that despite the fact that it has been raising this issue since 2005, the penalties for violating the prohibition on the employment of children under 18 years of age in hazardous work still do not constitute an adequate deterrent to ensure the application of the provisions of the Convention concerning hazardous work. The Committee urges the Government to take the necessary measures to ensure that all persons who employ children under 18 years of age in hazardous work are prosecuted and incur penalties that constitute an effective and adequate deterrent, in accordance with Article 9(1) of the Convention and in line with the more severe penalties envisaged in section 151 of the Labour Code. The Committee also requests the Government to provide information on the type of violations of the Convention detected by the labour inspection services, the number of persons prosecuted for each type of violation and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. The Government reported on a mid-term evaluation of PANE in 2011 and the preparation of its second phase. The Committee also noted that 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 notes the Government’s indications that the 2011 evaluation of PANE revealed that particular attention should be given, inter alia, to young girls employed as domestic workers. The Government also indicates that an Integrated Public Child Protection Policy was drawn up in 2013 in the light of the results of the abovementioned evaluation. The Government states that it 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. The Government also states that it organized six training sessions for labour inspectors. While taking due note of the measures adopted by the Government, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 October 2014, expressed its concern at the fact that no budget had been allocated for the implementation of PANE, and regretted that the 2011 evaluation of PANE has not been given proper follow-up (CRC/C/MAR/CO/3-4, paragraph 12). The Committee expresses the firm hope that the Government will allocate the necessary budget for the implementation of the 2013 Integrated Public Child Protection Policy. The Committee requests the Government to provide information on the implementation of the aforementioned Child Protection Policy and on the results achieved in terms of the progressive abolition of child labour.

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 in, 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 did not apply to persons working on their own account. The Committee noted 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 concerning compulsory education, as amended by Act No. 04.00 of 25 May 2000, under which parents are required to enrol their children in school and which 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 controls in the informal economy. However, the Committee noted that an emergency plan had been adopted for the 2009–12 period, comprising ten projects intended to give effect to compulsory schooling until the age of 15 years, including development of the pre-school level, equality of opportunity regarding access to compulsory education, and measures to reduce the repetition of classes and school drop-out rates. The Committee noted the Government’s indication that satisfactory results continue to be achieved with regard to the primary school enrolment rate.

The Committee notes the Government’s indications that an analysis of the emergency plan is under way, the results of which will be the subject of a sectoral strategic plan for education for 2015–18. The Committee notes with interest that the school enrolment rate continues to rise, with a 2.3 per cent increase for the 2014–15 school year, giving a total of 6.8 million enrolled pupils (48 per cent of whom are girls and 39 per cent are in rural areas). The Government also indicates that 246 new schools opened in 2014–15, increasing the total number of schools to 10,667, including 54 per cent in rural areas, with 93 community schools. However, the Committee notes the absence of information on the primary school drop-out rate. Lastly, the Committee welcomes the indication in the 2015 UNESCO report Education for all 2000–2015: Achievements and challenges, in which UNESCO underlines the progress made by Morocco in the net school enrolment rate, which increased from 71 per cent in 1999 to universal primary enrolment (99 per cent) in 2013 (page 79). 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 enrolment and completion rates and to reduce the class repetition rate, particularly 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. It requests the Government to continue providing information on the progress achieved in this respect.

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. In this respect, the Committee noted that section 145 of the Labour Code provides that: “no minor under 18 years of age may, without prior individual written authorization for each minor from the official responsible for labour inspection, following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which is determined by regulation. The official responsible for labour inspection may withdraw the authorization granted previously, either at his/her own initiative or at the initiative of any authorized person”. However, the Committee noted that this provision does not require that permits granted to minors under 18 years of age, under Decree No. 2-04-465 of 29 December 2004, shall limit the number of hours during which, and prescribe the conditions in which, such employment or work shall be allowed.

The Committee notes the Government’s statement that the Committee’s observations will be taken into account when the revision of the Labour Code gets under way and also explains that in practice, performance venues rarely employ children under 18 years of age. The Government further indicates that, to date, the labour inspectorate has not received any applications for permits. However, the Committee notes with regret the lack of information on the specific legislative procedures that the Government intends to adopt to achieve conformity with Article 8 of the Convention. The Committee once again reminds the Government that, under Article 8 of the Convention, permits granted to minors under 18 years of age allowing them to participate in artistic performances must 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 amend the national legislation to bring it 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 explicitly limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1) of the Convention. Minimum age for admission to employment and application of the Convention in practice. 1. Children working in informal artisanal activities and other sectors. In its previous comments, the Committee noted the information sent by the International Trade Union Confederation (ITUC), according to which child labour was common in informal artisanal activities. It also noted that, according to the report entitled “Understanding children’s work in Morocco” (pages 19, 20, 22 and 23), some 372,000 children between 7 and 14 years of age, 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 worked in agriculture. In urban areas, children were employed in textiles, commerce and repair work. However, the Committee observed that, under section 4 of the Labour Code, employers in purely traditional sectors, namely those involving manual work, with the assistance of their partners, ascendants and descendants, and with a maximum of five assistants, at home or in 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 concluded that children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not enjoy the protection of the Labour Code and, consequently, do not benefit from the application of the minimum age of 15 years. The Committee noted the Government’s indication that a bill to determine the conditions of work and employment in activities of a purely traditional nature had been prepared in collaboration with the Department of Artisanal Activities and was in the process of being adopted. The bill includes a section prohibiting work for children under 15 years of age, in accordance with sections 143 and 153 of the Labour Code.

The Committee notes with interest the Government’s statement to the effect that the Bill concerning conditions of work and employment in activities of a purely traditional nature was examined by the Council of the Government on 25 December 2014. It further notes the statement that a survey of children’s work in small agricultural undertakings was conducted in 2013–14 in collaboration with ILO–IPEC. The Committee notes that, according to the information contained in the report on the aforementioned survey, of a total of 492 children featuring in the survey, the average age of children working in small agricultural undertakings is 14.3 years, with the over-15 age group accounting for nearly 57 per cent and the under-12 age group for 10 per cent of the total (page 90). It further notes that the average school drop-out age is 13 years (page 90). Recalling that the Convention applies to all sectors, including the informal economy, the Committee urges the Government to ensure that the Bill is adopted in the near future and to send a copy to the Office, once it has been adopted. It requests the Government to continue its efforts to combat child labour and requests it to provide information on the implementation of any relevant projects, and on the results achieved in terms of the progressive abolition of child labour, particularly in the artisanal and agricultural sectors.

2. Child domestic workers. With regard to the issue of child domestic labour, the Committee requests the Government to refer to its detailed comments on the Worst Forms of Child Labour Convention, 1999 (No. 182).

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 25,000–30,000 dirhams (MAD) (US$3,000–3,600), and that a repeat offence is subject to a term of imprisonment of six days to three months and/or a fine of MAD50,000–60,000 (US$6,000–7,200). It nevertheless noted that sections 150 and 183 of the Labour Code provide for a fine of MAD300–500 (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 must 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 safety and health provisions or regulations that poses an imminent risk to the workers’ health or safety 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 of 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 necessary steps to prevent the imminent danger and may order the closure of the establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed 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, in 2014, labour inspectors carried out 610 inspections in which they made 2,573 observations, issued 60 compliance notices and reported 42 offences. The Government indicates that these observations related to 112 children under 15 years of age who were to be removed definitively from work and 604 children between 15 and 18 years of age who were to be removed from hazardous work. Labour inspectors, who received a specific training on child labour, identified as focal points, removed 110 children under 15 years of age from work and 338 children from hazardous work. However, the Committee notes the lack of information on any penalties for persons committing such offences. The Committee also notes with regret the lack of information in the Government’s report on any legislative amendments relating to penalties for violations of the ban on employing children under 18 years of age in hazardous work. The Committee recalls that the penalties envisaged in sections 150 and 183 of the Labour Code in relation to the employment of children under 18 years of age in hazardous work are still not sufficiently adequate and dissuasive to ensure the application of the provisions of the Convention respecting hazardous work, in accordance with Article 9(1) of the Convention, particularly when compared with the penalties envisaged in section 151 of the Labour Code, which are much more severe. The Committee therefore once again urges the Government to take the necessary measures to ensure that any person in breach of the provisions prohibiting the employment of children under 18 years of age in hazardous 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 of the Convention detected by the labour inspection services, the number of persons prosecuted for each type of violations and the penalties imposed, particularly in relation to the provisions giving effect to the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 for 2012 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 a year until 2015 and to improve the situation of needy families at the rate of 5 per cent a year. The Committee noted the Government’s indications that significant efforts were made during the first phase of the implementation of the PANE between 2006 and 2010. The Committee also observed that a Bill on domestic work had 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 Committee notes the Government’s indications that a process of updating the PANE has been initiated in light of the new sectoral strategies developed in 2007 with a view to introducing new indicators to improve follow up and evaluation, and that the process was completed with the holding of the national mid-term evaluation workshop of the PANE and the preparation of its second phase in May 2011 in Rabat. The Government adds that a copy of the Bill on domestic workers will be provided once it has been adopted, and that the study on the working conditions of children in the region will be commenced in the near future. The Committee requests the Government to continue providing information on the implementation of the PANE 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, when it has been adopted. It also requests the Government to supply the findings of the national study on working conditions, once it has been completed. In so far as possible, 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 noted 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, under which parents are required to enrol their children in school and which 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 ten 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 the repetition of classes and school drop-out rates.

The Committee notes the Government’s indications concerning the measures taken in the context of the emergency programme. The Government indicates that, in order to guarantee a place for each child in school, the Ministry of National Education created 499 new schools, including 205 primary schools, 88 middle schools and 136 high schools, which opened their doors between the 2007–08 and 2010–11 school years. The Ministry also plans the establishment of 290 additional schools, consisting of 141 primary schools, 78 middle schools and 71 high schools. Furthermore, with a view to combating school drop-outs, the Ministry has established educational mechanisms for the personalized follow-up of students at school. In this context, the Government indicates that 4,066,649 children benefited from personalized follow-up measures in 2011. The Committee notes with interest the Government’s indication that satisfactory results continue to be achieved: primary schooling is almost generalized, as the school enrolment rate recorded in 2011–12 is 97.9 per cent (97 per cent for girls); the rate of the repetition of classes in primary school fell between 2008–09 and 2011–12 from 16 to 8.2 per cent; and the drop-out rate in primary school was 3.2 per cent in 2011–12. 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 enrolment and completion rates and to reduce the rate of repeating school years and of school drop-outs, particularly for children under 15 years of age, with a view to preventing them from working on their own account and in the informal economy. 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. 1. Child workers in informal artisanal activities 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 activities. 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 noted the assessment of the activities undertaken with ILO–IPEC support for the prevention and removal of thousands of children from work. However, it observed that, under the terms of section 4 of the Labour Code, employers in purely traditional sectors, that is those involving manual work, with the assistance of their partners, ascendants and descendants, and with a maximum of five assistants, at home or in another place of work, for the purpose of manufacturing traditional products for commercial sale, are excluded from the scope of application of the Labour Code. The Committee therefore noted that children employed in informal artisanal activities, or formal artisanal activities involving five employees or fewer, do not benefit from the protection of the Labour Code and, consequently, from the application of the minimum age of 15 years. The Committee requested the Government to take measures to ensure that the minimum age of 15 years is duly applied to all children working in artisanal activities.

The Committee notes the Government’s indication that a Bill to determine the conditions of work and employment in activities of a purely artisanal nature has been prepared in collaboration with the Department of Artisanal Activities. The Bill includes a section prohibiting work by children under the age of 15 years, in accordance with sections 143 and 153 of the Labour Code. The final version of the Bill has been sent to the General Secretariat of the Government and is in the process of being adopted. The Government adds that the Ministry of Artisanal Activities, in collaboration with ILO–IPEC, is continuing to work on projects to combat child labour in the artisanal sector. Expressing the hope that the Bill to determine the conditions of work and employment in activities of a purely artisanal nature will establish a minimum age of 15 years for all children working in artisanal activities, the Committee requests the Government to take measures to ensure that the Bill is adopted in the near future and to provide a copy to the Office. It requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of any relevant projects, and on the results achieved with regard to the progressive abolition of child labour, particularly in the artisanal sector.

2. Child domestic workers. In its previous comments, the Committee noted that, according to the report “Understand children’s work in Morocco”, children working in urban areas were mainly engaged in domestic work. The Committee also noted that, according to the observations provided previously by the ITUC, some 50,000 children, mainly girls, are employed in domestic work, including 13,000 young girls under the age of 15 who are employed as servants in Casablanca, with 70 per cent of them being under 12 years of age and 25 per cent under 10 years of age. In this respect, the Committee noted that a Bill on domestic work had been formulated in 2007 and was in the process of being validated. The Bill fills the current legislative gap and sets the minimum age for admission for 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 noted the Government’s indication that the process of adopting the Bill on domestic work had been under way since June 2011.

The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) according to which, with the entry into office of the new Government, the Bill on domestic work has been withdrawn from Parliament and submitted once again to the Council of the Government on 12 March 2012, which deferred it for in-depth examination. The Committee once again expresses the firm hope that the Bill which has been under examination for a certain number of years, will be adopted in the very near future. It requests the Government to provide information in its next report on the progress achieved in this respect.

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 Decree No. 2-04-465 of 29 December 2004 does not establish the particulars of the authorization by parents and the labour inspector, nor the penalties to be applied in the event of violations, and that the law establishes details concerning working hours and conditions. In this respect, the Committee noted that section 145 of the Labour Code provides that “[n]o minor under 18 years of age may, without the prior individual authorization in writing of the official responsible for labour inspection, for each minor, following consultation with the minor’s guardian, be employed as an actor or performer in public performances organized by enterprises, the list of which is determined by regulation. The official responsible for labour inspection may withdraw the authorization granted previously, either at her or 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 No. 2-04-465 of 29 December 2004, shall limit the number of hours during which and prescribe the conditions in which such employment or work shall be allowed.

The Committee observes that the Government’s report does not contain any further information on this subject. It once again reminds the Government that Article 8 of the Convention requires the permits granted allowing minors under 18 years of age to participate in artistic performances to limit the number of hours during which and to prescribe the conditions in which employment or work is allowed. The Committee once again requests the Government to take the necessary measures to amend the national legislation to bring it 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 explicitly 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 25,000–30,000 dirhams (US$3,000–$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 50,000–60,000 dirhams (US$6,000–$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 legislative provisions or regulations respecting safety and healthy, which poses an imminent 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 establishment and determine, where appropriate, the necessary duration of the closure. The Committee observed that persons who have employed 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 383 establishments were inspected in 2011, and that 1,234 reports of violations were drawn up and 63 warnings were issued to employers. In addition, four notifications were referred to the competent courts for decision. The Government indicates that the sectors which mainly employ children under 15 years of age are commerce and mechanical work (40 per cent), carpentry (23 per cent), manufacturing (15 per cent) and textiles and agriculture (5 per cent). The Committee notes that, according to the 2011 report on child labour at the national level provided by the Government with its report, labour inspections revealed that the violations reported by employers in relation to child labour often relate to failure to comply with the minimum age for employment or work. According to the report, in such cases, the employers often respond positively to the observations made by inspectors, particularly in relation to the employment of children below the minimum age of 15 years, and the children are immediately removed from the work in question.

However, the Committee once again observes that the penalties envisaged in sections 150 and 183 of the Labour Code in relation to the employment of children under 18 years of age in hazardous work are still not sufficiently adequate and dissuasive to ensure the application of the provisions of the Convention respecting hazardous work, in accordance with Article 9(1) of the Convention, particularly when compared with the penalties envisaged in section 151 of the Labour Code, which are much more severe. The Committee once again reminds the Government that it is necessary to ensure the application of the Convention through penalties set out in law. The Committee therefore once again urges the Government to take the necessary measures to ensure that any person in breach of 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 imposed, particularly in relation to the provisions giving effect to the Convention.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 8 of the Convention. 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, or the penalties to be applied in the event of violation, and that the law establishes the details concerning working hours and working conditions. In this regard, 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 on his own initiative or on the initiative of any authorized person”. The Committee noted, however, that this provision does not provide 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 that the Government reiterates in its report that permits granted by the labour inspector do not contain provisions relating to the working conditions of children in public performances. The Committee reminds the Government that under Article 8 of the Convention, permits granted to allow minors under 18 years of age to participate in artistic performances shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to take the necessary steps 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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Action Plan for Children (2006–15) (PANE) has been adopted, a major component of which is devoted to combating child labour. In this regard, the Committee notes the information provided by the Government that the activities under the PANE include support for NGOs working to combat child labour and the carrying out of a study on the working conditions of children. The Committee also notes that the PANE aims to remove working children under 15 years of age 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. Furthermore, the Committee notes that, according to the final technical progress report (TPR) of 30 September 2008 on the ILO–IPEC project entitled “Combating child labour in Morocco by creating an enabling national environment and developing direct action against the worst forms of child labour in rural areas”, the issue of combating child labour has 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. The Committee hopes that the study on the working conditions of children will be completed soon and requests the Government to provide a copy of that study with its next report. It also requests the Government to provide information on the implementation of the National Action Plan for Children (2006–15), as well as on the results achieved in terms of the gradual abolition of child labour. Finally, it requests the Government to provide information on the steps taken in the context of the Government Declaration for 2007–11 and the National Human Development Initiative relating to combating child labour.

Article 2, paragraphs 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 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 self-employed workers. It nonetheless noted that, according to the report entitled “Understanding children’s work in Morocco”, published in March 2003 as part of an interagency project involving the ILO, UNICEF and the World Bank (pages 2 and 22), 85 per cent of working children under 14 years of age were in agriculture, where they were working for free for their families. The commercial sector, which employs many children in urban areas, also included a large number of children working for their families without wages (59 per cent) and a high proportion of children working on a self-employed basis (around 26 per cent). The Committee also noted the Government’s indication that the Labour Code does not protect children working on a self-employed basis, but that these children 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, failing which they face penalties.

The Committee notes the information provided by the Government that labour inspectors are authorized by law to ensure the application of the labour legislation only once there is an employment relationship. Consequently, labour inspectors do not carry out any checks in the informal sector. The Committee notes, however, the information provided by the Government that an emergency plan has been adopted for the period 2009–12 which consists of ten projects aimed at giving effect to compulsory schooling up to the age of 15 years, including, in particular, the development of the preschool level, equality of opportunity with regard to access to compulsory education and measures to reduce repetition and drop-out rates. The Committee observes that, according to the consideration of the reports submitted by the States parties in accordance with Article 16 of the International Covenant on Economic, Social and Cultural Rights of 3 May 2006, the enrolment rate for children aged 6 years has increased from 90 to 91 per cent, the rate for children aged between 6 and 11 years has increased from 93 to 94 per cent, and the rate for children aged between 12 to 14 years has increased from 70.6 per cent to 73 per cent (E/C.12/MAR/Q/2/Add.2, page 42). Furthermore, according to this report, the enrolment rates in rural areas have also increased, rising from 46.5 per cent to 86.9 per cent for children aged 6 years, from 62.5 per cent to 89 per cent for children aged between 6 and 11 years, and from 31.5 per cent to 51.6 per cent for children aged between 12 and 14 years. Finally, the Committee notes that, according to the most recent data in the 2008 UNESCO report entitled “Education for All by 2015: Will we make it?”, although the rate of school attendance has increased significantly in Morocco (20 per cent), it remains the case that the rate of repetition of the first year of primary school is one of the highest in the region and stands at 16 per cent. The Committee once again notes the progress made with regard to the enrolment rate, but once again notes that the enrolment rate of children aged between 12 and 14 years shows that a number of children leave school before reaching the minimum age for admission to employment and are found in the labour market. Considering that labour inspectors in Morocco do not supervise the informal sector and that education is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to increase the enrolment rate, particularly among children aged between 12 and 14 years, in order to prevent them from working, particularly on their own account and in the informal sector. It requests the Government to continue providing information on the progress made in this regard.

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 noted the information provided by the International Trade Union Confederation (ITUC), according to which child labour was common in the informal craft industry. It also noted that, according to the report entitled “Understanding children’s work in Morocco” (see pages 19, 20, 22 and 23), some 372,000 children aged between 7 and 14 years, representing 7 per cent of the reference group, were working, 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 found in the agricultural sector. In urban areas, children were engaged in the textile, commercial, repairs and domestic service sectors.

The Committee notes the information contained in the TPR of 30 September 2008 on the ILO–IPEC project entitled “Combating child labour in Morocco by creating an enabling national environment and developing direct action against the worst forms of child labour in rural areas”, according to which a national unit for combating child labour has been created and provincial focal points have been appointed. The Committee also notes the information provided by the Government that the first activity report of the focal points responsible for combating child labour indicates that, in 2008, 870 violations were reported in 287 undertakings employing children. Furthermore, the Committee notes with interest the information provided by the Government that, in the context of the implementation of the ILO–IPEC project and since 2008, 11,714 children (6,244 boys and 5,470 girls) have been removed from child labour and 19,656 children (10,721 boys and 8,935 girls) have been prevented from becoming engaged in child labour. The Committee reiterates its appreciation of the efforts made and 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. The Committee requests the Government to continue its efforts to combat child labour and requests it to continue providing information on the implementation of the above projects and any other relevant projects, as well as on the results achieved in terms of the gradual abolition of child labour. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice and, in particular, on the results of the activity reports of the focal points responsible for combating child labour.

Article 9, paragraph 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, is punishable by a fine of 25,000–30,000 dirhams (US$3,000–US$3,600), and a second offence is subject to a term of imprisonment of six days to three months and/or a fine of 50,000–60,000 dirhams (US$6,000–US$7,200). It nonetheless noted that sections 150 and 183 of the Labour Code provide for a fine of 300–500 dirhams (US$36–US$60) for breaches of section 147 of the Labour Code (prohibiting 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).

The Committee notes the information provided by the Government that, before resorting to penalties, labour inspectors shall give advice and information to employers on the dangers to which child workers are exposed. Furthermore, the Government indicates that, under sections 542 and 543 of the Labour Code, a labour inspector who detects a violation of the legislative or regulatory provisions relating to health and safety, which poses an immediate risk to the health or safety of the workers, shall issue an order to the employer to take all the necessary measures immediately. If the employer refuses or fails to comply with the instructions contained in the order, the labour inspector will 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, if necessary, the necessary duration of that closure. While taking due note of this information, the Committee observes 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 considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. In this regard, it considers that the penalties established by 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 dissuasive enough to ensure the application of the provisions of the Convention concerning hazardous work in accordance with Article 9(1) of the Convention, particularly considering that the penalties established by section 151 of the Labour Code are much heavier. The Committee therefore requests the Government to take the necessary steps to ensure that anyone who violates the provisions giving effect to the Convention is prosecuted and that sufficiently effective and dissuasive penalties are applied. It requests the Government to provide information on the type of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee takes note of the Government’s report.

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee noted that the Decree of 29 December 2004 provides that no young person below the age of 18 years shall be admitted as a salaried employee to act or otherwise perform in front of the public without written permission from the labour inspector after consultation of the young person’s guardian. The Committee observed that the Decree did not establish a requirement for the authorization so granted to limit the number of hours for which and prescribe the conditions in which the work is allowed. It requested the Government to take steps to ensure that the permits granted contain these specifications.

In its report, the Government indicates that the Decree of 29 December 2004 does not establish the particulars of the authorization from parents and the labour inspector, or the penalties to be applied in the event of violation. It also indicates the law establishes the details as to working hours and working conditions. The Committee observes in this connection that section 145 of the Labour Code provides that “without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or other performer in public performances, the list of which shall be determined by regulation. The official responsible for labour inspection may withdraw permits granted either on his own initiative or the initiative of any other authorized person”. The Committee observes that this provision does not establish that permits granted to young persons below 18 years of age pursuant to the Decree of 29 December 2004 must limit the number or hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore requests the Government to indicate which provisions in its national legislation establish that these specifications must be included in permits granted by the officer responsible for labour inspection, and to provide a copy thereof.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention and Part V of the report form. In its previous comments, the Committee noted the Government’s indications that several types of action have been undertaken within the framework of a national strategy aimed, on the one hand, at fixing a minimum age of 15 years for admission to employment and, on the other, at improving the working conditions of children in the short term and at eliminating child labour in the long term. It noted that the Ministry of Labour, Vocational Training, Social Development and Solidarity has undertaken a number of action programmes to combat the hazardous types of work to which children are exposed and to improve their working conditions in certain activities. It also noted that a national action plan and sectoral action plans on child labour had been established in 1998 in collaboration with the social partners, NGOs and the ministerial departments concerned. Finally, it noted that the programmes undertaken in collaboration with ILO/IPEC in Morocco had led to the improvement of conditions for child workers in the cities of Tangiers, Khnifra, Fès, Salé and Marrakesh. As a result, during the course of 2002, and the first half of 2003, some 1,310 children were removed from the workplace and integrated into school. Moreover, the working conditions of 2,300 children were improved.

The Committee notes with interest the Government’s indications that the national action plan and the sectoral action plans on child labour have led to the removal of 2,500 children under 15 years of age from work, the prevention of 8,740 children from engaging in work at an early age and the improvement of the living and working conditions of 4,866 children. It also notes that, according to the study, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 19, 20, 22 and 23), around 372,000 children between the ages of 7 and 11 years (or 7 per cent of the reference group) are economically active, with the proportion of economically active children reaching 18 per cent of 12 to 14 year olds. Of children who work, 87 per cent are in rural areas, where they are found in the agricultural sector. In urban areas, children work in the textile, commerce, repairs and domestic service sectors. The average working time of these children is 45 hours a week, with major variations according to the sector. The Committee therefore requests the Government to continue providing information on the measures adopted to ensure the effective abolition of child labour and the results achieved.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the Government’s indication that section 143 of the new Labour Code, adopted in June 2003, establishes a minimum age for admission to employment of 15 years. The Committee notes the copy provided of Act No. 65-99 of 2003 issuing the Labour Code. Section 143 of the Labour Code provides that "minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years". The Committee therefore notes that the protection afforded by the Labour Code does not apply to persons working on their own account. Furthermore, it notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 2 and 22), 85 per cent of working children under 14 years of age are in agriculture, where they work for their families and not for wages. According to the same report, the commerce sector, which employs many children in urban areas, includes a large number of children working for their family without wages (59 per cent) and a high proportion of self-employed workers (around 26 per cent of children).

The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual relationship. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the protection established by the Convention is secured for children exercising an economic activity on their own account.

Article 3. Hazardous types of work. The Committee previously noted the Government’s indication that section 181 of the new Labour Code prohibits the employment of young persons under 18 years of age in types of work which are excessively hazardous, beyond their strength or likely to prejudice their morals. The Committee notes with satisfaction that the Act determining the list of hazardous types of work was adopted on 9 December 2004 and that a copy of the text has been provided. Young persons under 18 years of age may not be employed on, among other types of work, maintenance work, transport or the repair of mechanical machinery, the operation of steam valves, work requiring the use of scaffolding or carried out at heights, or demolition work.

Article 6. Apprenticeship. In its previous comments, the Committee noted with interest that Act No. 12.00 creating and organizing apprenticeship (published in Official Bulletin No. 4800 of 1 June 2000) establishes a system of training through apprenticeship. Section 3 of the Act provides that apprenticeship includes practical training, 80 per cent at least of which takes place in the enterprise, to be supplemented by additional general and technological training organized through agreements concluded with the administration, any state or certified vocational training establishment or other public institution providing vocational training. The Committee also noted that, under the terms of section 6 of the Act, no person below the age of 15 years at the date of signing the apprenticeship contract may be admitted to an apprenticeship, except by special derogation of the government authority responsible for vocational training.

The Committee notes the Government’s indication that no derogation has been granted by the secretariat responsible for vocational training since the coming into force of the Act. The Government adds that the secretariat responsible for vocational training undertakes a control every three months of the lists of the names of apprentices and their personal documentation. It also notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, page 27), of the child apprentices working in the car repairs sector who were covered by a rapid assessment undertaken by the ILO in 1999, virtually none of them were found to be receiving a genuine apprenticeship. The Committee requests the Government to provide information on the results of the controls carried out by the secretariat responsible for vocational training and the violations identified.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that section 145 of the new Labour Code provides that, without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or extra in public performances, the list of which shall be determined by regulation. The Committee notes that the Decree of 29 December 2004 prohibits the employment of young persons under 18 years of age without the authorization of their parents and the labour inspector in touring artistic performances and audiovisual performances. It notes that the Decree does not establish the obligation for the authorization so granted to limit the number of hours and prescribe the conditions in which the work is allowed, in accordance with the requirements of Article 8, paragraph 2. The Committee therefore requests the Government to take the necessary measures to ensure that the permits granted by the labour inspectorate limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indication that the new Labour Code increased the amount of the penalties for employers that are in violation of its provisions (sections 150, 151 and 183 of the Labour Code). Indeed, the Committee notes that section 151 of the Labour Code provides that any person who employees a child under 15 years of age in violation of section 143 of the Labour Code is liable to a fine of between 25,000 and 30,000 dirhams and, in the event of a repeat offence, to a sentence of imprisonment of from six days to three months and/or a fine of between 50,000 and 60,000 dirhams. However, it notes that section 150 of the Labour Code establishes a fine of between 300 and 500 dirhams for each minor employed in violation of section 147 of the Labour Code, which prohibits the employment of young persons under 18 years of age in hazardous types of work. Section 183 of the Labour Code establishes the same penalty for violations of section 179 of the Labour Code, which prohibits the employment of young persons under 18 years of age in quarries and mines, or on work likely to hinder their growth. The Committee also notes that the Government has not provided information on the penalties imposed in practice for violations of the provisions giving effect to the Convention.

In view of the low level of the fines established in sections 150 and 183 of the Labour Code for violations of sections 147 and 179 of the Labour Code respecting the employment of young persons in hazardous types of work, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the penalties established for the employment of children in violation of the legislation are adequate and dissuasive. Furthermore, it requests the Government to provide information on the number of violations reported relating to child labour and the penalties imposed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee noted the indications of the ICFTU that child labour was common in informal craftwork, generally in small family workshops which produce carpets, ceramics, wooden objects and leather articles. It also indicated that between 5,000 and 10,000 children, mostly aged between 8 and 14 years, worked in the carpet industry and the textile industry.

In reply to the ICFTU’s communication, the Government indicated that the minimum age for admission to employment or work had been raised from 12 to 15 years and penal sanctions for infringements of the legislation had been strengthened. The Government added that, in collaboration with the social partners and NGOs, measures had been taken in the fields of public information and awareness raising. The Government further indicated that Morocco had been involved in the ILO’s International Programme on the Elimination of Child Labour (IPEC) since 2000 and had initiated several projects designed to withdraw children from hazardous types of work and provide alternatives for them following their removal from work, as well as improving the working conditions of young persons between 12 and 18 years of age. The Committee noted that, for the year 2002 and the first half of 2003, the projects had succeeded in removing 1,310 children from work, providing financial support for 150 families and improving the living and working conditions of 2,300 children. The Committee encouraged the Government to pursue its efforts to withdraw children from work and to improve their living and working conditions.

The Committee notes with interest the Government’s indications that it has established, in collaboration with ILO/IPEC and UNICEF, a programme for the "Prevention and progressive elimination of child labour in the Fès craftwork sector" (2002-06). The objective of this programme is to remove working children under 12 years of age from the craftwork sector, improve the working conditions of children who are of the age to work and enable children between the ages of 12 and 15 years who are working in the craftwork sector to have access to non-formal education. The Government indicates that this programme will be extended to the cities of Marrakech, Safi and Meknès. The Committee notes that between 2000 and 2004 the programme led to: (i) 300 children being removed from work and enrolled in school; (ii) 200 craft workers being made aware of the rules applicable to the employment of children; and (iii) the families concerned being informed of the risks to which children are exposed at work.

The Committee requests the Government to redouble its efforts to combat child labour in the craftwork sector. It encourages it to pursue its efforts to combat child labour in other sectors of economic activity. It also requests the Government to keep it informed of any progress achieved in this respect.

Article 2, paragraph 3. Compulsory schooling. In its previous comments, the Committee noted the indications of the ICFTU that over the past decade the protection of children’s rights has been given increasing attention in Morocco. The proportion of children registered in school is reported to be 90 per cent for children in the 6 to 11 age group and 63 per cent for children in the 12 to 14 age group. The ICFTU nevertheless indicated that the school enrolment rate was lower in rural areas than in urban areas due to the lack of schools, the distance to schools and the poverty of the parents, who are often unable to pay school fees. In reply to the ICFTU’s comments, the Government indicated that important measures had been taken to provide general access to education, promote vocational training and combat illiteracy.

The Committee notes the Government’s indications that one of the objectives of the programme "Prevention and progressive elimination of child labour in the Fès craftwork sector" (2002-06) is to enable children aged between 12 and 15 years to have access to non-formal education. The Committee notes that, according to UNICEF, the net school enrolment rate in primary school was 88 per cent between 1998 and 2003; over the same period, the net school attendance rate for primary school reached 67 per cent for boys and 50 per cent for girls. The gross school attendance rate in secondary education between 1998 and 2002 was 45 per cent for boys and 50 per cent for girls. The Committee considers that compulsory education is one of the most effective means of combating child labour. It therefore requests the Government to redouble its efforts to increase the school attendance rate and facilitate the access of children to education so as to prevent them from becoming engaged in work. It requests the Government to keep it informed of any progress achieved in this respect.

Part III of the report form. In its previous comments, the Committee noted the ICFTU’s indications that labour inspections are not carried out in informal family workshops. However, the ICFTU noted that child labour regulations were generally respected in unionized industrial sectors. In reply to the ICFTU’s communication, the Government indicated that training workshops had been established to raise the awareness of labour inspectors concerning the rules applicable to child labour.

The Committee notes the Government’s indications that the Chambers of Craftwork of Marrakech, Safi and Meknès will prepare local plans to combat child labour in the craftwork sector. The Committee requests the Government to indicate whether the reinforcement of inspections in family workshops is included in the objectives of these local plans. It requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, indications of the number of inspections carried out each year, the number and nature of the infringements reported and the sanctions imposed, particularly in the craftwork sector.

The Committee is also raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s first and second reports, 2002 and 2003. It notes with interest that Morocco signed, on 5 April 2000, a Memorandum of Understanding (MOU) with ILO/IPEC, and that it ratified, on 26 January 2001, the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee also notes that a new Labour Code was adopted by Parliament in June 2003, that it will enter into force six months after its publication in the Bulletin Officiel and that it will soon be transmitted to the Office.

Article 1 of the Convention. The Committee notes the information contained in the Government’s reports indicating that several types of action have been undertaken within the framework of a national strategy aiming, on the one hand, tofix a minimum age of 15 years for admission to employment and, on the other hand, to improve the working conditions for children in the short term and eliminate child labour in the long term. It notes that the Ministry of Labour, Vocational Training, Social Development and Solidarity has undertaken a number of action programmes to combat the hazardous types of work to which children are exposed and improve their working conditions in certain activities. It also notes the formulation, at the end of 1998, together with the social partners, NGOs and the ministerial departments concerned, of a national plan and of sectoral plans on child labour. The Committee requests the Government to provide additional information on the implementation of these action plans and programmes.

Article 2, paragraph 1. The Committee notes that section 9 of the Dahir of 2 July 1947 and section 13 of the Dahir of 24 January 1973 fix the minimum age for admission to employment at 12 years. In its report of 2003, the Government indicates that, under section 143 of the new Labour Code adopted in June 2003, the minimum age for admission to employment is 15 years. The Committee notes the information provided in the Government’s report of 2002 indicating that, in order to harmonize the provisions of national legislation with the principles of the Convention, it undertook a separate procedure to adopt legislation relating to the minimum age for admission to employment through an amendment to section 9 of the Dahir of 2 July 1947 which fixes the minimum age for admission to employment in the industrial and commercial sectors and the liberal professions, and section 13 of the Dahir of 24 January 1973 establishing the minimum age for admission to employment in the agricultural sector. The Committee requests the Government to indicate whether the labour legislation being prepared contains any provisions prohibiting work by children under 15 years of age outside an employment relationship, that is those working on their own account.

Article 3. The Committee notes the information provided by the Government in its report of 2003 indicating that section 181 of the new Labour Code prohibits the employment of young persons under 18 years of age in any types of employment which are excessively hazardous, are beyond their strength, or are likely to prejudice their morals. It also notes that the list of types of hazardous work will be determined by regulation. The Committee hopes that this list will be adopted rapidly and requests the Government to provide a copy, once it is adopted.

Article 6. The Committee notes with interest that Act No. 12.00 creating and organizing apprenticeships (published in Bulletin Officiel No. 4 800 of 1 June 2000) establishes a system of training through apprenticeship. By virtue of section 3 of the Act, apprenticeships include practical training, 80 per cent at least of which takes place in the enterprise, to be supplemented by additional general and technological training (the theoretical component), for at least 10 per cent of the overall time, which is organized by agreements concluded with the administration, any state or certified vocational training establishment or other public institution providing vocational training. Under section 6 of the Act, no person below the age of 15 years at the date of signing the apprenticeship contract, may be admitted to an apprenticeship, except by special derogation by the Government authority responsible for vocational training. The Committee reminds the Government that under Article 6 of the Convention apprenticeships are excluded from the scope of application of the Convention where the work is performed by persons over the age of 14 years in enterprises. It requests the Government to provide information on the application in practice of this provision of Act No. 12.00 creating and organizing apprenticeships, by indicating the applicable minimum age and the number of persons admitted to apprenticeships by special derogation, as well as the employment conditions prescribed after consultation with employers’ and workers’ organizations.

Article 8. The Committee notes the information contained in the Government’s report of 2003 indicating that, under section 145 of the new Labour Code, without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee, as an actor or extra in public performances, the list of which shall be fixed by regulation. The Committee requests the Government to indicate whether, under the new legislation, authorizations granted by the competent authority shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed, in accordance with Article 8, paragraph 2.

Article 9, paragraph 1. The Committee notes the information contained in the Government’s report of 2003 indicating that, regarding the measures taken to ensure the effective enforcement of the Convention, the new Labour Code specifies the amount of penalties for employers who are in violation of its provisions (sections 50, 151 and 183). The Committee requests the Government to indicate the sanctions currently applicable for violations of the provisions relating to child labour. It also requests it to provide information on the number of cases in which sanctions have been imposed.

Part V of the report form. The Committee notes with interest the information provided by the Government in its report of 2003 indicating that collaboration with IPEC/Morocco led to improved conditions for child workers in the cities of Tangiers, Khnifra, Fes, Sale and Marrakech. As a result, 500 children were removed from the workplace and reintegrated into school, and the working conditions of 1,604 children were improved. The Committee also notes with interest that the Government is undertaking a study on the child labour situation in Morocco, in cooperation with "Understanding Children’s Work" (UCW), an inter-agency research programme of the ILO, UNICEF and the World Bank. It requests the Government to provide additional information on this study and on the application of the Convention in practice, including, if possible, statistical data on the employment and work of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

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.