Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the Government’s indications that the national legislation prohibits any person, regardless of age, from being used in illicit activities. The Committee noted that, although section 3 of the Dahir issuing Act No. 1.73.282, of 21 May 1974 respecting the suppression of drug addiction and the protection of drug addicts, prohibits any person from facilitating the use of drugs by persons under 21 years of age, it does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs, as required by Article 3(c) of the Convention.

The Committee observes with regret that the Government has maintained for a number of a years that the national legislation prohibits the use of any person, regardless of age, for illicit activities, and the procurement and offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observes that the Government has still not indicated the specific legislative provisions setting out such prohibitions, and has merely referred in its report to a copy of the text prohibiting the use and procuring of persons for the production of illicit products, which was provided to the Office previously. Nevertheless, the Committee once again notes that the Dahir issuing Act No. 1.73.282 of 21 May 1974 respecting the repression of drug addiction and the protection of drug addicts, to which the Government referred previously, does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. Recalling once again that it has been commenting on this matter for several years, the Committee once again urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited in national law, as a matter of urgency.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that a new Tayssir programme had been established in 2009, with the aim of reducing the school drop-out rate and encouraging disadvantaged families, particularly in rural areas, to send their children to school. According to the Government, this experiment had a positive effect on school attendance rates, with an increase of 25.8 per cent in the enrolment rate in the first year of primary school, a fall of 58.2 per cent in absence rates from school and a reduction of 71.4 per cent in the number of school drop-outs.

The Committee notes the Government’s indications that, in the context of the Tayssir programme, 363,000 families living below a specific poverty threshold, affecting 609,000 school children, benefited from a direct transfer of financial resources in exchange for keeping children at school during the 2010–11 school year. The Committee also notes that an emergency plan (PU) was adopted for the period between 2009 and 2012, including ten projects intended to give effect to the requirement to attend school until the age of 15, such as the development of a pre-school education, equality of opportunity in access to compulsory schooling and measures to combat the repetition of school years and school drop-outs. The Committee notes the Government’s indication that the objectives of the emergency plan include constructing the necessary primary and middle schools to develop the capacity and improve the supply of education in rural areas.

However, the Government indicates that the objectives set out in the National Education and Training Charter have not been achieved, despite the progress made since 2000. Although the coverage of primary education is almost generalized, progress in relation to secondary education is not satisfactory, rising from a coverage rate in rural areas of 28.7 percent in 2003 to 56 per cent in 2011. While noting the considerable efforts made by the Government, the Committee once again encourages it to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly at the level of secondary education, and reducing the school drop-out rate in order to prevent children from being engaged in the worst forms of child labour, paying particular attention to girls and to children living in rural areas. It requests the Government to provide updated statistics in its next report on school enrolment and drop-out rates in primary education and on the number of children who have benefited from the Tayssir programme and the emergency plan.

Clause (d). Children at special risk. Street children. The Committee previously noted that, according to the February 2007 report of the United Nations Special Rapporteur on the right to education (A/HRC/4/29/Add.2, paragraph 10) there are 600,000 street children, the vast majority of whom do not attend school. It noted that, as part of the national strategy for the reintegration and protection of street children, five child protection units (UPEs) were operating in Morocco in the cities of Marrakech, Casablanca, Tangier, Meknès and Essaouira. It also noted that the Ministry of Social Development, Family Affairs and Solidarity (MDFS) had developed, as part of the implementation of the National Action Plan for Children (PANE) for 2006–15, a national programme for the reintegration of street children (INDIMAJ). It further noted that the MDFS was planning to conduct a survey on the situation of street children during 2010.

The Committee notes the Government’s indication that the survey of street children in Casablanca was conducted in April 2011 and helped to determine the characteristics of the phenomenon. The Committee also notes the Government’s indications that the number of child victims of violence provided with assistance by the UPEs was 396 in 2006, 474 in 2007, 543 in 2008, 587 in 2009 and 663 in 2010. The Government adds that children in towns where there are no UPEs are provided with support by public health structures under the Ministry of Health, of which 75 have counselling and guidance centres, as well as by support cells for child victims of violence, of which 27 per cent have a psychologist. The Government also indicates that NGOs have undertaken action in recent years to identify, provide shelter to and reintegrate street children. In parallel, the national mutual assistance associations has implemented a specific programme for street children in the provinces of Tangier, Béni Mellal, Nador and Khouribga.

Nevertheless, the Government indicates that there remain constraints in relation to the availability of specialized educators, the sustainability and quality of the programmes initiated and alternatives for reintegration. Considering that children who live in the streets are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to intensify its efforts for the identification, removal and reintegration of street children. It also requests the Government to continue providing information on the results achieved through the activities carried out by the UPEs, NGOs and the national mutual assistance programme, more specifically in terms of the number of street children who have benefited from these measures. Finally, the Committee requests the Government to provide with its next report the findings of the survey on the situation of street children.

Article 8. Poverty reduction. In its previous comments, the Committee noted that, according to the paper on the results achieved by the Moroccan Government in combating child labour, communicated by the Government representative during the Conference Committee on the Application of Standards in June 2010, the National Human Development Initiative (INDH) focuses on three major programmes, namely combating rural poverty, combating urban social exclusion and combating precarious conditions, and is targeted at the poor, including street children exposed to work at an early age. The Committee noted the detailed information provided by the Government concerning the projects implemented in the context of the INDH, but observed that the Government’s report did not contain any information on the impact of the projects for the elimination of the worst forms of child labour.

The Committee notes the Government’s indications that the National Human Development Observatory (ONDH) is responsible for evaluating programmes, projects and action initiated in the context of the INDH and for formulating national indicators on human development. According to the Government, the ONDH undertook a mid-term review of the action carried out by the INDH between 2005 and 2008, based on a sectoral and territorial analysis of INDH projects. The evaluation of the INDH covered five elements: progress in the implementation of the activities, analysis of action to combat social exclusion in urban areas, the development of terms of reference for a study on the sustainability of the projects, the preparation of the second stage of the impact evaluation of the INDH and a cartographic and statistical study of the urban areas proposed for INDH targeting. It was accordingly noted, for example, that 19,800 projects were launched to a total value of nearly 12 billion Moroccan dirhams (MAD) over the period 2005–09. The Government indicates that a second survey was to be undertaken to evaluate the second phase of the INDH in 2011. While noting the information provided by the Government concerning the activities undertaken in the context of the INDH and while observing that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee once again requests the Government to provide information with its next report on the impact of the projects implemented in the context of the INDH for the elimination of child labour, with particular reference to street children.