Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Maroc (Ratification: 2001)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and application of the Convention in practice. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the statement from the International Trade Union Confederation (ITUC) to the effect that child domestic labour, performed under conditions of servitude, is common practice in the country, with parents selling their children, sometimes as young as 6 years of age, to work as domestic servants. The ITUC also indicated that some 50,000 children, mainly girls, are employed in domestic work. Of these, about 13,000 young girls under the age of 15 are 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. The Committee noted that section 10 of the Labour Code prohibits forced labour and that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age. It further noted that a Bill on domestic work had been adopted and was in the process of being validated by the national authorities. The Bill 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 further noted that a specific list determining hazardous types of work prohibited in the domestic work sector would be drawn up and adopted pursuant to the future law on the conditions of employment and work of domestic workers.

Furthermore, the Committee noted that an initial qualitative and quantitative survey of girls under 18 years of age engaged in domestic work was undertaken in 2001 in the wilaya of Casablanca. According to the results of the statistical survey undertaken in 2001, nearly 23,000 girls under 18 years of age were working in the Greater Casablanca area as domestic workers, 59.2 per cent of whom were under 15 years of age. The Committee noted that the survey revealed that a significant proportion of these girls were uneducated, were subject to punishment in the course of their work, received beatings and/or were subjected to sexual abuse. The Committee noted that a second survey was planned in the Greater Casablanca area during the second half of 2010 with an extrapolation of the results and data at national level.

The Committee notes the Government’s indication that the specific list of hazardous types of domestic work will be drawn up and adopted in conjunction with the future law concerning the conditions of employment and work of domestic workers. The process to adopt this Bill has been under way since June 2011. The Committee also notes the Government’s indications that the figures recorded by the 2001 survey have decreased significantly since then, owing to the efforts of the Moroccan Government in recent years, especially in seeking to reduce school drop-out rates and all other forms of social exclusion. As regards the second survey to be conducted with respect to girls engaged in domestic work in Casablanca, the Government indicates that the methodological report, which, among others, enables the target group to be identified and the survey to be planned and implemented, has been drawn up and that the survey itself is currently in progress. While noting the Government’s efforts, the Committee recalls that young girls engaged in domestic work are often victims of exploitation and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. The Committee therefore requests the Government to take the necessary measures to ensure that the Bill on domestic work and the list of prohibited types of hazardous domestic work are adopted and implemented as a matter of urgency. The Committee also requests the Government to take the necessary measures to complete the 2010 survey on the situation of young girls engaged in domestic work in Casablanca and to send the Office a copy of the results with its next report.

Article 4(3). Periodic examination and revision of the list of hazardous types of work. With reference to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 2-10-183 of 16 November 2010, establishing the list of hazardous types of work which are prohibited for certain categories of persons, including children under 18 years of age. The Decree replaces that of 29 December 2004 and increases to over 30 the number of dangerous occupations forbidden for children, including greasing work, the use of certain machines, demolition work, glass melting, any work involving exposure to ionizing radiation, and the manufacture or transport of explosives.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from these worst forms, and ensuring their rehabilitation and social integration. Child prostitution and sex tourism. In its previous comments the Committee expressed concern at the persistence of child prostitution and sex tourism involving young Moroccans and immigrants, particularly boys, despite an amendment to the Penal Code in 2003 making sex tourism a criminal offence. The Committee noted the Government’s indications that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, and for this reason the Government is making every effort to tackle it.

The Committee also noted that child protection units (UPEs) had been set up in Casablanca and Marrakesh to provide better medical, psychological and legal assistance for children who have been the victims of violence or ill-treatment, including children who have suffered from sexual or economic exploitation. It further noted that, as part of the National Plan of Action for Children (PANE) for 2006–15, a preliminary study on the problem of the sexual exploitation of children was carried out in February 2007, with a view to formulating a national strategy to prevent and combat such exploitation.

The Committee notes the Government’s indications that five UPEs have been set up since 2007, in Marrakesh, Casablanca, Tangier, Meknès and Essaouira. The Government indicates that, by the end of 2010, a total of 313 child victims of violence (including sexual exploitation) (131 girls and 182 boys) received assistance from the UPE in Marrakesh; 244 children (124 girls and 120 boys) were assisted by the UPE in Casablanca; and 88 children (41 girls and 47 boys) received assistance from the UPE in Tangier. Moreover, the Committee notes that the UPEs in Marrakesh, Casablanca and Tangier are being consolidated, and a plan for their further development in 2011–12 has been drawn up with a view to strengthening their operation and their structure.

Nevertheless, the Committee observes that the Government has not provided any information with regard to the national strategy to prevent and combat the sexual exploitation of children. The Committee therefore, urges the Government to take immediate and effective measures to ensure that the national strategy to prevent and combat the sexual exploitation of children is implemented as soon as possible and to provide information on progress made in this respect. It also requests the Government to continue to supply information on the number of children prevented from engaging in prostitution or withdrawn from it through the UPEs. Finally, the Committee requests the Government to supply a copy of the preliminary study on the problem of the sexual exploitation of children which was conducted in February 2007, with a view to the formulation of the national strategy.

Clause (d). Children at special risk. Child domestic labour. The Committee previously noted the adoption of the national programme to combat the use of young girls as housemaids (INQAD) as part of the PANE. It also noted that, as part of its strategic plan for 2008–12 and following implementation of the INQAD programme, the Ministry of Social Development, Family Affairs and Solidarity was planning to organize a second nationwide awareness-raising campaign to combat the use of young girls as housemaids and to prepare regional action plans. It further noted that, as part of the multi-sectoral programme implemented in collaboration with UNDP to combat gender-based violence by empowering women and girls in Morocco, ILO–IPEC launched an action programme to combat the use of young girls in domestic labour in the region of Marrakesh–Tensift–El Haouz for the period from 1 January 2009 to 31 December 2010. The Committee asked the Government to provide information on the results achieved in the context of the INQAD programme with regard to the protection of girls under 18 years of age working as housemaids.

The Committee notes the Government’s statement that the second campaign to raise awareness of domestic work involving young girls took place on 12 June 2010, on the occasion of the World Day Against Child Labour. The Committee notes with interest the Government’s indication that, as part of the ILO–IPEC programme, a total of 1,306 children under 15 years of age and 478 children under 18 years of age have been withdrawn from child labour. The Committee encourages the Government to strengthen its efforts with respect to the identification, withdrawal and reintegration of girls under 18 years of age working as domestic servants who are subjected to economic or sexual exploitation. It requests the Government to continue to supply information on the results achieved.

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