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

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative welcomed the fact that the discussion of the application of the Convention offered the opportunity to present the key aspects of the strategy developed by the Government to combat the worst forms of child labour. In the first place, reference should be made to the adoption in March 2006 of the National Action Plan for Children (PANE) 2006–15, of which a significant part was devoted to combating child labour. Considerable efforts were being made by the Government to implement this national strategy, focusing on five major components: a coherent legislative framework that was in conformity in its major aspects with international labour standards and Morocco’s international commitments; the establishment and implementation of an institutional framework; tangible and local action focusing on the areas of origin of child labour; the provision to families of subsidies for the school attendance of children; and the reinforcement of expertise and competence through the technical cooperation undertaken with the ILO–IPEC programme in the context of projects financed by the United States, France and Belgium. In this respect, the Government had included a specific item in its budgets for 2008 and 2009 and intended to maintain it in future with a view to maintaining and generalizing the programmes of action already commenced in this context. In particular, this meant providing support for the activities of non-governmental organizations (NGOs) that were active in combating child labour, documenting the working conditions of children, training those concerned and strengthening competence at the national and local levels. Partnership agreements had been signed in November 2009 with seven NGOs, and it was planned to develop new partnerships in 2010.

He added that all of the efforts made by the Government to combat child labour had been compiled in a document that would be submitted to the Committee of Experts. He nevertheless wished to provide responses now to the specific points raised by the Committee of Experts. It should be noted that domestic work was among the principal objectives of the PANE. At the legislative level, the 2004 Labour Code covered domestic work and a bill was being prepared respecting the conditions of employment and work of domestic workers and establishing penalties for those employing children under 15 years of age. In addition, a specific list of hazardous types of work liable to be performed by domestic workers would be formulated and adopted under the future Act on domestic work. It would be in addition to the new list of hazardous types of work that had been drawn up and had raised from ten to 30 the number of hazardous types of work. Emphasis was also being placed on awareness-raising against child labour. A national campaign to raise the awareness of families, employers and children to the dangers and risks to which child domestic workers were exposed had been undertaken in 2008 in the framework of the national programme to combat the use of young girls as housemaids (INQAD) “Together against Domestic Work by Young Girls” using television, radio and the press, and a second campaign would be launched in 2010 with the support of the ILO–IPEC programme. Finally, reference should be made to a survey, the results of which would be provided to the Committee of Experts, on girl domestic workers under 18 years of age undertaken in 2001 in the Wilaya of Casablanca, and a new survey that would be carried out in 2010 to update the data, measure the impact of the action taken and help the local authorities develop appropriate responses.

With reference to the sexual exploitation of children, this scourge remained invisible and little known in Morocco, but the Government was sparing no effort to prevent and eliminate this worst form of child labour. The Penal Code established severe penalties for abuses, acts of violence and aggression against children in the context of work or outside any labour relationship. Moreover, with the support of UNICEF, a preliminary study had been carried out on the sexual exploitation of children, and the process of dialogue for the development of a national strategy was currently under way. During the course of 2008, a total of 9,279 persons had been taken to court for violations of the rights of children in 8,748 cases, and 6,384 penalties, including sentences of imprisonment, had been handed down in cases of violence against children. Further information on the violations and the penalties imposed would be attached to the next report on the application of the Convention.

In the context of the implementation of programmes of action, a significant assessment on the prevention and removal of children from the workplace had been carried out by the Government. Over the period 2002–08, with the support of the ILO–IPEC programme, 12,068 children had been removed and offered viable alternatives, and 20,492 children had been withdrawn as a preventive measure. Between 2007 and 2010, with the support of the Adros project, 4,215 children had been removed and 4,068 children had been withdrawn as a preventive measure. Furthermore, an assessment of the activities carried out by the focal points responsible for action to combat child labour, who had recently been appointed by the Ministry of Employment, showed that 874 observations had been made and 451 violations reported in 2009.

In conclusion, he reaffirmed that his country had made enormous progress in combating child labour as a result of the political will shown and the real awareness of the phenomenon. However, much remained to be done to ensure that the progress achieved was sustained. Finally, he reaffirmed the will of the Government to cooperate with the Committee of Experts for the implementation of international labour standards, including the future standard on domestic work.

The Employer members considered the case under discussion to be a serious matter, as it corresponded to a double footnote concerning one of the fundamental Conventions. The Committee of Experts had made observations on the application of this Convention by Morocco in 2004, 2005, 2007 and 2009, but this was the first time that the Conference Committee had had an opportunity to discuss the case. The Committee of Experts’ observation drew attention to a series of infringements of the Convention. With regard to Article 3 of the Convention, the observation referred to allegations regarding the existence of large numbers of young children, especially girls, being employed as domestic workers under conditions of servitude, after having been sold by their parents. It was estimated that 50,000 boys and girls – the majority of them under the age of 12 – were employed in domestic work. In the context of domestic work, one of the most serious problems affecting young girls was thought to be ill-treatment and sexual abuse. Moreover, although the 2003 Penal Code had declared sex tourism to be a criminal offence, there was evidence that both young Moroccans and young immigrants continued to be victims of child prostitution and sex tourism.

The Employer members also emphasized the need, as indicated in the latest direct request of the Committee of Experts, for the Government to provide information on the use of children for illicit activities, notably drug trafficking. Although a 1974 Royal Decree prohibited facilitating the access of persons under the age of 21 to drugs, there did not appear to be any ban on offering children for the production and trafficking of drugs, as required under Article 3 of the Convention. Regarding the mechanisms for monitoring the application of the Convention in practice called for in Article 5, ILO–IPEC reports published in 2007 indicated that the programmes of direct action against child labour in rural areas were undermined by the fact that so few labour inspectors operated in that area. Furthermore, with regard to Article 7(2)(a) of the Convention, the latest report by the United Nations Special Rapporteur on the right to education stated that, despite the progress that had been made, 8 per cent of Moroccan children were still outside the school system and there were some 60,000 street children in the country.

The Employer members noted the information supplied by the Government regarding the legislative ban on forced labour of minors, the proposed bill on domestic labour, the updating of the Dahir establishing the list of dangerous jobs, the planned survey on domestic work by girls in the Greater Casablanca area and the PANE 2006–15, which provided for a preliminary study to be carried out of the sexual exploitation of children. The preamble to the 2004 Labour Code reaffirmed the country’s commitment to the four categories of fundamental principles and rights at work. Although that was an indication of Morocco’s readiness to adopt relevant laws, it did not guarantee their effective implementation in practice. For that it was important to have an effective labour inspectorate. Morocco had indeed ratified the Labour Inspection Convention, 1947 (No. 81), in 1958, but the Government itself recognized that there were only 30 labour inspectors for rural areas, which was far too few for enforcement purposes. The country’s labour inspectorate therefore needed to be strengthened both quantitatively and qualitatively, which would then make it possible to include the informal economy in its sphere of action. Recalling the large size of the informal economy in Africa, Asia and Latin America, the Employer members emphasized the important role played by the labour inspectorate in this area, inasmuch as the promotion of decent work meant first and foremost eliminating the most negative features of informal employment, and especially the worst forms of child labour.

The Worker members observed that Morocco was still affected by the existence of the worst forms of child labour, and primarily domestic work by children under slave-like conditions after they had been sold by their parents. There were around 50,000 such children, most of them girls under 12 years of age from rural areas. The Labour Code nevertheless prohibited forced labour, and the Penal Code specifically sanctioned recourse to the forced labour of children under 15 years of age.

The Worker members then referred to the various indications provided by the Government, such as the existence of a bill on domestic work setting the minimum age for admission to employment at 15 years, the planned updating of the list of hazardous types of work to bring it into conformity with the Convention and the plans of the Ministry to carry out an investigation into domestic work by young girls in Casablanca. The Government had been referring to these various initiatives for some time now without seeming to give effect to them, even though the Convention, which had been ratified by Morocco in 2001, required States to take immediate measures for the elimination of the worst forms of child labour as a matter of urgency.

The Worker members then referred to cases of child prostitution, particularly among immigrant and Moroccan boys, despite the fact that the Penal Code had classified sexual tourism as a crime since 2003. Although the Government had reported that a preliminary study had been carried out in 2007 on the sexual exploitation of children, the Worker members noted that no specific information had been provided on the subject since then.

In general terms, the Worker members observed that the Government was once again proclaiming numerous initiatives, such as a second awareness-raising campaign on domestic work by young girls, but that once again it had not provided information on the results and on any progress achieved. This situation appeared to reflect the low level of commitment by the Government to take action as a matter of urgency against the various worst forms of child labour that were common in the country.

The Worker member of Morocco indicated that national unions were well aware of the serious nature of the scourge of child labour and were providing assistance, for instance through participation in the elaboration of relevant laws. His country had already made major steps forward by ratifying the Minimum Age Convention, 1973 (No. 138), Convention No. 182, the United Nations Convention on the Rights of the Child and its two Protocols. Moreover, a Decree had been issued in 2004 establishing a list of hazardous types of work. A new Penal Code had been adopted in 2003 imposing appropriate sanctions. It was necessary to bear in mind that, in an agricultural country with a long tradition of craftwork, parents made their children work in the fields, or try to pass on traditions and craft skills. However, this was not being used as an excuse. The Government was taking effective action to combat child labour through measures and programmes such as access to loans in rural areas to generate employment and combat poverty, financial aid for families to encourage them to keep their children in school, the PANE 2006–15, special police units to combat child prostitution, technical cooperation programmes with ILO–IPEC, efforts to draw up the bill on domestic work and subsidies for civil society organizations engaged in combating child labour. His country had accomplished giant strides towards the elimination of child labour, and the national unions would continue to support its efforts.

The Employer member of Morocco recalled that his country was currently developing in terms of governance, as well as in the economic and social fields and could not therefore allow child labour, as also demonstrated by the political will to involve the judiciary in the prosecution of offenders. The formal economy was currently growing by 4.5 per cent a year and that the informal economy only represented 12–13 per cent of the national economy, as indicated by international reports. Significant success had been achieved in the school enrolment of children aged 12 to 14 years, for whom the school attendance rate was 80 per cent. Some 500,000 young persons were engaged in vocational development schemes. He concurred with the Worker member from his country that the elimination of illiteracy, especially in rural areas, was the main focus of government policies. He added that there were over 30 inspectors in the country responsible for supervising the implementation of the 2004 Labour Code. He was convinced that Moroccan newspapers, which benefited from the freedom of the press, would publish any case of the mistreatment of domestic workers, which would lead to legal action and the imprisonment of offenders. Morocco was continuing to take action to combat the phenomenon of child labour. This would not only require administrative, but also depended on the progress made in the field of governance, as well as economic and social development.

The Worker member of India observed that Morocco had one of the highest child labour rates in the Middle East and North Africa. There were about 60,000 child domestic workers, and the practice of adoptive servitude, whereby parents sold their children to families for adoption for the purpose of domestic work, was common and socially accepted. For these children, decent childhood was a distant dream. He recalled that a society was measured by how it treated its vulnerable members. Child domestic workers, especially the live-ins, were virtual slaves working around the clock at the mercy and command of their employers. These hapless children, isolated and uprooted from their family and familiar environment, were planted in totally alien surroundings having no one with whom they could share their feelings, complain, talk to or socialize. Being without parental affection, many of them suffered from developmental and psychological disorders. Illiteracy made it impossible for them to communicate with distant friends and family, and they experienced a tremendous amount of loneliness and faced an increased risk of verbal, psychological, physical and sexual abuse and economic exploitation. They faced deprivation, a heavy workload, a lack of proper pay or holidays and excessively long working hours of up to 14–18 hours per day. Furthermore, these domestic workers depended on their employers for all their needs. Hazards, such as burns when preparing meals, were common and were also posed by chemical cleaning fluids and the carrying of heavy items. In cases of breakage, accusations of laziness or poor performance, the child worker was punished severely, for example, through dowsing with boiling water or being confined to a room for days. He cited by way of illustration the case of Zineb, which had been published in the media, who had subsequently been admitted to hospital, had suffered bruises resulting from beating and had been burned with boiling oil on her chest and private parts. The fact that 80 per cent of child maids were illiterate and from rural areas made it impossible to escape, as they lacked money and knowledge of how to return home, and their employers threatened them with violence or handed them over to the police.

The nefarious activities of intermediaries, recruiting agencies and organized child traffickers also aggravated the problem and, in addition to the sexual abuse of young housemaids, prostitution and sex tourism were rampant, involving young Moroccans and immigrants, including boys. Forced prostitution was prevalent, particularly in cities with large numbers of tourists and near towns with large military installations. He added that child workers in other industries were, in addition to the abovementioned risks, also exposed to hazardous risks caused by work in elevated places, physical and psychological exhaustion and exposure to insecticides, harmful rays, chemical and toxic substances. While appreciating that the Government had made good efforts at the legislative level, namely with the prohibition of forced labour in the Labour and Penal Codes and the bill on domestic labour that was awaiting adoption, implementation remained disappointing and abuses mostly went unpunished. He therefore urged the Government of Morocco to take the following steps: (1) curb child labour and eradicate its worst forms; (2) establish effective complaints mechanisms to protect, shelter and rehabilitate exploited children; (3) ensure that no girls under the age of 15 could be employed as domestic servants; (4) increase the rate of children’s access to quality education, both formal and informal; (5) enforce laws effectively; (6) adopt, as a matter of urgency, the bill on domestic work; (7) update the list of hazardous types of work to include domestic work; (8) improve the effectiveness of the detection, prosecution and punishment of crimes; (9) provide statistics on the number and nature of the infringements reported, investigations conducted, prosecutions, convictions and penal sanctions imposed; (10) provide information on the incidence of the sexual exploitation of children and the remedial measures taken (11) organize nationwide awareness-raising campaigns, especially for parents; (12) improve the efficiency of the labour inspectorate through training; and (13) combat and eradicate poverty and illiteracy in Morocco.

The Worker member of Senegal stated that Morocco’s presence before the Committee was owed to the lack of attention accorded by the Government to the observations of the Committee of Experts on the application of this Convention. Child prostitution and sex tourism, involving young Moroccans and immigrants, persisted in the country. In this respect, the Government indicated that a set of measures, such as the implementation of the PANE, which covered the issue of sexual exploitation, should lead to the adoption of a national strategy on the issue. Although the Government had indicated that a bill on domestic work was being prepared, and that the list of hazardous types of work had been updated, child labour continued to constitute an extremely serious problem in Morocco. Persons found in violation of the law should not remain unpunished. It was time for the Government to take appropriate measures to eradicate the worst forms of child labour and to implement the measures it had announced, so as to give a signal to the present Committee of its will to combat violations of the provisions of the Convention.

The Government representative said that the terms used by certain speakers to describe the situation did not reflect the real situation. It was appropriate to recall briefly the progress that the Government had made, such as broadening the scope of the Labour Code to include domestic work and the informal economy, expanding the list of hazardous types of work, acceding to the Optional Protocols to the United Nations Convention on the Rights of the Child, raising the school attendance rate, particularly through the human development initiative, and labour inspection activities. In that regard, a network of 400 labour inspectors was responsible for enforcing the application of labour legislation. Labour inspection was currently undergoing modernization in terms of recruitment, training and methodology. In addition, within the Ministry, there was a unit in charge of the 43 focal points responsible for coordinating activities to combat child labour at the regional level. Those who committed violations were severely punished, for example in the case of the young girl employed as a domestic worker which had been reported in the press. Justice was being applied. In conclusion, even if reducing the risk to zero was impossible, the Government was firmly committed to cooperating with all United Nations bodies, and the action it had undertaken on the causes and effects were beginning to bear fruit.

The Employer members welcomed the information provided by the Government concerning the measures taken to give effect to this Convention. They nevertheless expressed their concern at the continued presence of the worst forms of child labour, which were a persistent scourge in the country. They recalled that the principal obligation of States that had ratified the Convention was to take urgent action to eliminate the worst forms of child labour immediately. Such action had to be founded on free basic education for all, rehabilitation and social reinsertion of children freed from the activities in question, and attending to the needs of their families.

The Employer members emphasized the importance of adopting an act on domestic work that set a minimum age for such work, established decent working conditions and provided for appropriate controls and sanctions. Prior to its adoption, a draft of the act should be submitted to the Office for its opinion on whether the text was in conformity with the Convention. Tripartite consultations should be organized to create a constructive environment for the effective elimination of the worst forms of child labour. They again emphasized the need to strengthen labour inspection, both through the allocation of more financial resources and through measures to build capacity, which would allow for more effective action in both the formal and informal economies. It was important to have available reliable data on child labour in general and domestic work by children in particular. They emphasized the need to undertake the survey planned for the second half of 2010, as mentioned by the Government in its statement. Lastly, they encouraged the Government to continue requesting technical assistance from the ILO, particularly ILO–IPEC, in order to widen the coverage and impact of its policy on eliminating the worst forms of child labour.

The Worker members said that the Government should not complain of being misunderstood, as it had failed for years to provide information to the Committee. Three points should be emphasized. First, the draft legislation that had been announced long ago, especially the bill on domestic work and the list of hazardous types of work, needed to be adopted as soon as possible. The Government should also prepare an ambitious programme of school attendance for girls, backed by measures such as subsidies for poor families. Finally, a detailed report containing information about efforts made and the results achieved should be submitted by the Government to the Committee of Experts.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted the information contained in the report of the Committee of Experts relating to the forced labour of children in domestic work, the use of children in hazardous domestic work and the use of children in prostitution and sex tourism.

The Committee noted the detailed information provided by the Government outlining laws and policies put in place to combat domestic work by little girls as well as the comprehensive action programmes that were being undertaken with the participation of the social partners and in collaboration with ILO–IPEC to remove children from such situations. The Committee also noted that the Government had expressed its willingness to continue its efforts to eradicate such situations with the technical assistance of the ILO. The Committee further noted the information provided by the Government that it was fully committed to ensuring the enactment of the bill on domestic work which set the minimum age for admission to domestic work at 15 years, and to updating a list of hazardous types of work to include hazardous domestic work.

While noting the policies and programmes of the Government to combat domestic work by children, the Committee noted with grave concern the economic and sexual exploitation which continued to be experienced by a large number of young girls engaged in domestic work in conditions approximating slavery or which were hazardous.

The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take measures, as a matter of urgency, to eliminate the forced labour of child domestic workers. It also requested the Government to take the necessary legislative measures to ensure that work performed in the domestic sector was prohibited for children under 18 years where it was hazardous. In this regard, it strongly expressed the hope that the bill on domestic work would at last be adopted and the list of hazardous types of work would be updated without delay to include hazardous domestic work in the very near future.

While noting the information provided by the Government representative on prosecutions and convictions of perpetrators of child abuse in general, the Committee reminded the Government that forced labour and hazardous work constituted one of the worst forms of child labour, and that member States were obliged to eliminate these worst forms as a matter of urgency. The Committee accordingly urged the Government to intensify its efforts to ensure that persons who engaged children in forced domestic labour or in hazardous domestic work were prosecuted and faced sufficiently effective and dissuasive sanctions.

The Committee further noted with concern the persistence of the commercial sexual exploitation of children and sex tourism involving young children, particularly boys, and accordingly called on the Government to intensify its efforts to tackle the problem of child prostitution, including in the context of sex tourism. The Committee noted the Government’s indication that it had increased both human and financial resources to the labour inspectorate. It accordingly requested the Government to further strengthen the capacity and reach of the labour inspectorate and to ensure that regular visits, including visits to sectors of the informal economy, were carried out so that penalties were imposed on persons found to be in breach of the Convention. The Committee further requested the Government to provide detailed information and statistical data in its report when it was next due to the Committee of Experts on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Underlining the importance of free universal and compulsory education to combating child labour, the Committee strongly urged the Government to ensure access to free basic education for all children, with special attention to the situation of girls.

Finally, the Committee requested the Government to supply detailed information in its report when it was next due on the effective and time-bound measures taken to provide for the rehabilitation and social integration of child victims of commercial sexual exploitation and child domestic workers, in conformity with Article 7(2) of the Convention.

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

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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. Further to its previous comments, the Committee notes the information provided by the Government, in its report, according to which the amendment of the Penal Code and the Code of Criminal Procedure is part of the programme of its 2022–26 mandate, with a view to compliance with the provisions of the various international treaties it has ratified. The Committee expresses the firm hope that the draft amendments to the Penal Code will include a provision prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities, and requests the Government to send a copy of the amended Code when it is adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. Hazardous work. Further to its previous comments, the Committee observes that according to the 2021 national employment survey by the Office of the High Commissioner for Planning, two per cent of children between 7 and 17 years of age are engaged in economic activity, or roughly 148,000 children, 119,000 of whom are in rural areas and 29,000 in urban areas. Nearly 6 out of 10 working children, or around 88,000, are obliged to perform hazardous work, 73.7 per cent of whom are from rural areas, 88.6 per cent of whom are boys, and 81.9 per cent of whom are between 15 and 17 years of age. According to the survey, the number of child workers fell by 26 per cent from 2019.

The Committee also takes note of the information provided by the Government indicating that the implementation of the sectoral programme combating child labour of the Ministry of Economic Inclusion, Small Enterprise, Employment and Skills (MIEPEEC), pursuant to the provisions of section 3 of Act No. 19-12 of 10 August 2016, fixing the conditions of work and employment of domestic workers, has strengthened the monitoring of child workers, through the appointment of 54 focal points among the labour inspectors responsible for ensuring coordination between inspectors and partnering NGOs. Labour inspectors also advise parties to domestic work contracts before they sign them and require, by law, a copy of the contracts to be filed with the labour inspectorate. The Government indicates that the number of domestic work contracts has risen to 6,970, including 696 foreign contracts, since Act No.19-12 came into force. The Committee requests the Government to continue its efforts to ensure that all children under 18 years of age are not engaged in the worst forms of child labour, particularly hazardous work. It requests the Government to continue providing information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by gender.

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. Further to its previous comments, the Committee takes note of Framework Act No. 51-17 concerning the education, training and scientific research system, enacted by Dahir No. 1-19-113 of 9 August 2019, the implementation of which focuses on three main areas: equality of opportunity, improving the quality of education and training, and governance and mobilization.

The Committee notes the information indicating that the total number of pupils enrolled in public and private education, in the three cycles of education, was 7,900,000 during the 2022–23 school year. A total of 6.9 million pupils were enrolled in public schools, taught by over 290,000 teachers in around 11,000 schools, including 7,000 in rural areas.

The Committee also notes that the MIEPEEC has increased funding for NGOs working with children removed from child labour and hazardous work. They have received funding for projects that offer these children viable alternatives, particularly through informal education, dual education, vocational training, as well as support for the guardians and heads of these children’s families.

The Committee further notes the Government’s indication that projects carried out under the Green Morocco Plan (PMV) have generated around 250,000–300,000 jobs in the agricultural sector, which helps to ensure higher incomes for rural families and thus has an impact on school enrolment and dropout rates. However, the Committee notes that the annual employment survey carried out by the Office of the High Commissioner for Planning showed that in 2021, the number of child workers between 7 and 18 years of age was 148,000, with 80.4 per cent in rural areas, where the children work primarily as caregivers. Moreover, 12.1 per cent are enrolled in school, 85.7 per cent have left school and 2.2 per cent have never attended. The Committee encourages the Government to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly in secondary education, and reducing the school dropout rate in order to prevent the engagement of children in the worst forms of child labour, with a particular focus on girls and on children living in rural areas. It requests the Government to provide up-to-date statistics on primary school enrolment and dropout rates, disaggregated by gender and age.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Child prostitution and sex tourism. The Committee notes, according to information provided by the Government, the development of the National Plan for Children 2017–21, based on strategic objectives set out in the integrated public child protection policy (PPIPE), aimed at strengthening the child protection system at the provincial level against the various forms of neglect, violence and exploitation. It also notes that the regional integrated child protection mechanism (DTIPE) programme consists of a set of measures designed to strengthen prevention and the child protection system and mainly comprises: (1) provincial child protection committees, (2) child protection support centres (CAPEs) at the regional level, (3) child protection units (UPEs) at the local level, (4) child protection units in areas with neither CAPEs nor UPEs, (5) an integrated information system for monitoring children in the protection circuit, and (vi) child protection expertise centres. In 2021, a total of 5,786 children, 2,387 of whom were girls, used government services (2,284 children used UPE services, 1,743 used CAPEs and 1,759 used child protection units).

Clause (d). Children at special risk. Children in street situations. The Committee notes that the Government’s new strategy for the period 2022–26 provides for the development of the regional programme "GISR: from the street to dignity" with a view to the protection and social reintegration of children in street situations. In this framework, the Department of Solidarity is involved in the reintegration of these children by: (1) setting up social sections of the medical emergency services (social SAMUs) for children, (2) supporting social protections establishments for children (EPSs), (3) supporting associations’ projects for the reintegration of street children, and (4) providing capacity-building for stakeholders.

In this regard, the Committee takes due note of the various actions taken under this programme, notably: (1) a total of 2,895 children in street situations are benefiting from prevention, accommodation and social reintegration services; (2) among these children, a total of 1,985 children are benefiting from services from 27 projects under partnership agreements with associations. These projects are being implemented for the years 2021–22 in the regions of Rabat-Salé-Kenitra, Fez-Meknes, Casablanca-Settat, Oriental, Marrakech-Safi, Souss-Massa, Dakhla-Oued Eddahab and Laayoune-Sakia El Hamra; (3) a total of 910 children in street situations, 640 of whom are girls, are benefiting from social SAMUs in Meknes, Casablanca and Tangier; (4) a total of 3,395 children in difficult situations and street children, of whom 1,077 are girls, are benefiting from EPSs; (5) five new structures are being developed in Salé, Marrakech, Fez, Agadir, Laayoune and Taroudant, in partnership with the National Assistance Agency and the National Initiative for Human Development, local authorities and associations; and (6) a training programme is currently being launched for social workers from social SAMUs, EPSs and partnering associations, with a view to the reintegration of children in street situations.

The Committee also notes that children in street situations have benefited from the actions of the Action Plan to protect children from the social repercussions of the COVID-19 pandemic. Of the children cared for during the health crisis, a total of 224 children were reintegrated into their families, 360 were accommodated in 66 EPSs and 354 in 51 temporary emergency accommodation spaces.

The Committee nevertheless notes the absence of information concerning legislative amendments to the Penal Code and the Code of Criminal Procedure that have resulted in better legal protection for children in street situations. The Committee requests the Government to continue its efforts to identify, remove and reintegrate children in street situations. It also requests the Government to continue to provide information on the results achieved through the “GISR: from the street to dignity” programme and the activities of social SAMUs, the National Assistance Agency, associations and NGOs, particularly in terms of the number of children who have benefited from these measures, disaggregated by age and by gender. The Committee also requests the Government to indicate which legislative amendments to the Penal Code and the Code of Criminal Procedure have resulted in better legal protection for children in street situations.

Article 8. International cooperation and assistance. International cooperation against hazardous work. Further to its previous comments, the Committee notes that the Government does not provide information on the steps taken at the international cooperation level to combat hazardous work by children. The Committee encourages the Government to continue its efforts to reinforce international cooperation and assistance in order to combat the worst forms of child labour, and requests it to continue providing information on the results achieved in this respect.

Sex tourism. Further to its previous comments, the Committee notes that the Government does not provide information on the steps taken at the international cooperation level to combat child sex tourism. The Committee once again requests the Government to take the necessary steps to strengthen its international cooperation against child sex tourism and to provide information in this regard.

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

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Articles 3(a) and (d) and 7(1) of the Convention. Forced or compulsory labour, hazardous work and penalties. Child domestic labour and penalties. Begging. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the number and nature of violations detected, the number of prosecutions and the penalties imposed on persons who engage children under 18 years of age in domestic work in hazardous or abusive conditions. The Committee requests the Government to take appropriate measures to combat child domestic labour, including through the effective implementation of section 6 of Act No. 19-12, which establishes 18 years as the minimum age for employment as a domestic worker, and that sufficiently effective and dissuasive penalties are imposed in practice against persons who subject children under 18 years of age to domestic labour in hazardous or abusive conditions. It once again requests the Government to provide information on the number and nature of violations detected, the number of prosecutions and the penalties imposed.

Article 3(a). Trafficking of children. Further to its previous comments, the Committee takes due note of the information provided by the Government with regard to the adoption of Decree No. 2-17-40 of 6 July 2018, establishing the composition and operating procedures of the National Commission for the Coordination of Measures to Combat and Prevent Trafficking in Human Beings.

The Committee also notes the Government’s information that between 2017 and 2020, a total of 723 individuals were prosecuted for trafficking in persons, of whom 523 were men and 200 women, and among whom 626 were Moroccan and 97 foreigners. In 2019, a total of 68 persons were sentenced to imprisonment, including: 7 persons for more than 10 years; 17 persons for 6–10 years; 19 persons for 3–5 years; 8 persons for 1–2 years; and 17 persons for less than 1 year.

The Committee notes, from the 2022 report of the National Commission for the Coordination of Measures to Combat and Prevent Trafficking in Human Beings, that between 2017 and 2020, a total of 719 victims of trafficking in persons were recorded, of whom 414 were men and 305 women. Among these victims, 536 were Moroccans and 183 foreigners. A total of 367 persons were victims of sexual exploitation, 44 of forced labour and 63 of begging, among other forms of exploitation. However, the Committee notes the absence of specific data on the age of the victims of trafficking in persons. The Committee requests the Government to continue to provide information on the implementation in practice of Act No. 27-14 concerning action against trafficking in persons, including information on the number of child victims of trafficking, disaggregated by gender and by age, as well as the number and nature of convictions and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child domestic labour. The Committee notes the Government’s indications that in 2021, the Ministry for Economic Inclusion, Small Business, Employment and Skills (MIEPEEC) concluded eight agreements with associations with a view to combating the worst forms of child labour. In this regard, a total of 180 children of 16 to 18 years of age were removed from hazardous work, of whom 45 (38 girls and 7 boys) were removed from domestic labour. The Government also indicates that MIEPEEC has stepped up its actions to promote decent work in Morocco through the “MAP16 Maroc” project, which focuses on child labour in domestic and hazardous work at the national level, as well as in the regions of Rabat/Salé, Marrakesh/Safi and Kenitra/Gharb. These actions include awareness-raising and advocacy campaigns, the dissemination of tools summarizing rights and obligations under Act No. 19-12 establishing the conditions of work and employment of domestic workers, as well as training for MIEPEEC partner associations in the area of action against child labour between 2018 and 2020, to improve their methods of working with target groups. Furthermore, in 2021, the General Confederation of Moroccan Enterprises, with the ILO, created an online platform, “Iltesam”, as part of the Moroccan Private Sector Initiative to Combat Child Labour. The Committee encourages the Government to continue its efforts with regard to the identification, removal and reintegration of children under 18 years of age working as domestic servants who are victims of economic or sexual exploitation. It requests the Government to continue to provide information on the number of children removed, rehabilitated and socially integrated.

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 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 indication that the national legislation prohibits the use of any person of any age in illicit activities. The Committee noted that, although section 3 of the Dahir issuing Act No. 1.73.282 of 21 May 1974, concerning 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 stipulated by Article 3(c) of the Convention. The Committee noted the Government’s indication that it had incorporated section 440-12 in its draft amendments to the Penal Code prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities. However, the Committee noted that the aforementioned section covers matters relating to conditional release but does not contain the said prohibition.

The Committee notes the Government’s indication that the draft amendments to the Penal Code are intended in particular to criminalize the use of children in illicit activities by the persons closest to them. The Government indicates that the process to adopt the draft amendments to the Penal Code will begin in the near future.The Committee expresses the firm hope that the draft amendments to the Penal Code will include a provision prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities, and requests the Government to send a copy of the amended Code when it is adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted that in the context of 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”, a number of training sessions were organized to strengthen the capacity of the various stakeholders, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points was to monitor workplaces employing children. The Committee noted that, according to the 2011 national report on child labour attached to the Government’s report, labour inspections showed that children were involved in work likely to endanger their health. Furthermore, according to the Government, a total of 1,026 children between 15 and 18 years of age were removed from hazardous work in 2013–14. The sectors employing children between 15 and 18 years of age were commerce (38.6 per cent), metallurgy (19.6 per cent), mechanical engineering (18.1 per cent), the wood industry (6.5 per cent), the food industry (6.5 per cent) and various other sectors (10.7 per cent).

The Committee notes the Government’s indications that each year since 2009 it has earmarked a budget item to support associations combating child labour. 2 million Moroccan dirhams (MAD) (US$210,000) were allocated in 2017 to supporting the projects of eight associations of this sort, which, inter alia, related to: (i) removing children from work and enrolling them in education and at vocational training centres; and (ii) creating alternatives for children and their parents. Moreover, the Committee observes that, according to the High Commission for Planning, the national employment survey for 2017 recorded a total of 2.3 per cent of children between 7 and 17 years of age performing hazardous work. A total of 76.3 per cent of children obliged to perform hazardous work were in rural areas; of that total, 81 per cent were boys, of whom 73 per cent were between 15 and 17 years of age. According to the survey, agriculture accounted for 82.6 per cent of the hazardous work done by children in rural areas, while the service and industrial sectors, including the craft industry, accounted for most hazardous work in urban areas.The Committee urges the Government to intensify its efforts to ensure that all children under 18 years of age are not engaged in the worst forms of child labour, particularly hazardous work. It requests the Government to continue providing information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by gender.

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 the Tayssir programme, established in 2009, aimed at reducing the school dropout rate and encouraging disadvantaged families, particularly in rural areas, to send their children to school. The Committee also noted that the objectives of the “Emergency Plan 2009–12” included the building of infrastructure to develop the capacity and improve the supply of education in rural areas. However, the Government indicated that although there is almost universal coverage in primary education, the progression to secondary education was unsatisfactory. The Committee noted the Government’s indication that 246 new schools had opened, increasing the total number of schools to 10,667, including 54 per cent in rural areas. In addition, the Government had taken action to strengthen the Dar taleba and Dar talleb networks, which aim to encourage school enrolment in rural areas and have 764 structures supervised by the National Assistance Agency. The Government further indicated its support for 68 projects concerned with schooling for children with disabilities and 16 projects concerned with protection for children in difficult situations.

The Committee notes the Government’s indications that 3,056 pupils benefited from the educational support programme in 2016, including 140 from immigrant backgrounds. In the same year, 80,573 children were awarded educational bursaries through the associations that manage the Dar taleba an dar talleb institutions in rural areas. In addition, 136,421 bursaries, the amount of which was increased from MAD700–1,260 (US$73.50–$132.30) were awarded to pupils in situations of need. The Government also indicates that in 2016, as part of the national strategy providing social support for children in school and their families, 4,013,897 children benefited from the “1 million satchels” operation and 509,475 families benefited from the Tayssir financial support programme. Drinking water supply structures and sanitation systems were installed in 158 schools in rural areas, catering for 27,607 children. The Committee notes that the “1 million satchels” operation seeks primarily to ensure equal opportunities in education and prevent children from dropping out of school.

However, the Committee notes that the National Human Rights Council in Morocco, in its contribution to the third cycle of the Universal Periodic Review of the United Nations (UN), underlined its concern regarding education for girls in rural areas. According to the 2017 report on child poverty in Morocco, 29 per cent of children between 15 and 17 years of age do not attend school. The Committee also notes that the Office of the United Nations High Commissioner for Human Rights (OHCHR), in its February 2017 report, indicated that according to UNESCO, even though measures had been taken to improve the quality of education, the problem of young people who did not attend school and school dropouts remained a significant concern. The OHCHR also observed that the UN Committee on Economic, Social and Cultural Rights noted the significant progress made in providing access to education but remained concerned about academic failure and the poor quality of public education. The aforementioned Committee also expressed concern at the disparities between school enrolment rates for girls and boys (A/HRC/WG.6/27/MAR/2, paragraphs 61, 62 and 64).While noting the considerable efforts made by the Government, the Committee once again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly in secondary education, and reducing the school dropout rate in order to prevent the engagement of children in the worst forms of child labour, with a particular focus on girls and on children living in rural areas. It requests the Government to provide up-to-date statistics on primary school enrolment and dropout rates, disaggregated by gender and age.

Clause (d). Children at special risk. 1.Street children. The Committee previously noted that the recorded number of street children was 600,000, the vast majority of whom did not attend school. The Government also indicated that non-governmental organizations (NGOs) had taken action in recent years to identify, provide shelter for and reintegrate street children. In parallel, the National Assistance Agency had implemented a specific programme for street children in the provinces of Tangier, Béni Mellal, Nador and Khouribga, with 18 social protection establishments for street children and the number of beneficiary children benefited reached 2,031. The Committee also noted the Government’s indication that a survey on street children in Casablanca had been conducted in April 2011, and that the initial results indicated that there were 294 street children in the city of Casablanca (262 boys and 32 girls, with 84 per cent between 15 and 18 years of age, 14 per cent between 10 and 15 years of age, and 2 per cent under 10 years of age), accounting for 38 per cent of those affected by this phenomenon. The Committee noted the indication of the United Nations Committee on the Rights of the Child (CRC) that, despite the lack of precise data, the number of street children was reportedly increasing.

The Committee notes the Government’s indication that amendments to the Penal Code and the Code of Criminal Procedure have resulted in a legal framework enabling better protection for street children. Moreover, according to the information from the Government, the survey of street children in Casablanca has made it possible to determine the characteristics of the phenomenon and identify the locations frequented by these children. The Committee notes the Government’s indication that the “Cities without street children” programme was devised in 2016, as part of the integrated public child protection policy, to prevent the phenomenon of street children and protect them at the regional level. It notes that the OHCHR, in its report of 20 February 2017, indicated that the CRC expressed concern at the fact that many children, especially street children, reportedly suffered mistreatment in police stations. Furthermore, the OHCHR regional office for the Middle East and North Africa, and the Working Group on Arbitrary Detention, found that a significant number of children were detained in prison (A/HRC/WG.6/27/MAR/2, paragraph 77).The Committee recalls that children in street situations are at particular risk of becoming involved in the worst forms of child labour, and once again requests the Government to intensify its efforts to identify, remove and reintegrate these children. It also requests the Government to provide information on the results achieved through the “Cities without street children” programme and the activities of the National Assistance Agency, associations and NGOs, particularly in terms of the number of children who have benefited from these measures. Lastly, the Committee requests the Government to indicate which amendments to the Penal Code and the Code of Criminal Procedure have resulted in better legal protection for children in street situations.

Article 8. International cooperation and assistance. 1. International cooperation against hazardous work. The Committee notes the Government’s indication that, under a cooperative agreement, the Ministry of Labour and Employment (MTIP) and the United States Department of Labor (USDOL) developed the “Promise Pathways” project to reduce child labour through viable paths in education and decent work over a four-year period (2013–17). During this period, the project targeted a total of 5,533 children between 6 and 17 years of age, and 1,016 members of their families over 18 years of age, particularly in the prefecture of Marrakech and the provinces of Al Haouz and Chichaoua. Among other things, the project resulted in the removal of 304 children between 15 and 18 years of age from hazardous work, including girls employed as domestic workers.The Committee encourages the Government to continue its efforts to reinforce international cooperation and assistance in order to combat the worst forms of child labour, and requests it to continue providing information on the results achieved in this respect.

2. Sex tourism. The Committee notes that the Government adopted Act No. 148-12 of 12 May 2014, approving the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, adopted in Lanzarote on 25 October 2007. The Committee also notes the OHCHR report of 20 February 2017, in which the CRC recommended that the Government strengthen its international cooperation against child sex tourism through multilateral, regional and bilateral arrangements (A/HRC/WG.6/27/MAR/2, paragraph 74).The Committee requests the Government to take the necessary steps to strengthen its international cooperation against child sex tourism and to provide information in this regard.

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

Articles 3(a) and (d) and 7(1) of the Convention. Forced or compulsory labour, hazardous work and penalties. Child domestic labour. In its previous comments, the Committee noted the statement by the International Trade Union Confederation (ITUC) 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 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 concerning domestic work, fixing the minimum age for this type of employment at 16 years, was in the process of being adopted. The Government indicated that a specific list determining hazardous types of work prohibited in the domestic work sector had been drawn up and would be circulated for approval after promulgation of the abovementioned bill. Furthermore, an initial survey of girl domestic workers indicated a total of nearly 23,000 girls under 18 years of age engaged in domestic work in the Greater Casablanca area, 59.2 per cent of whom were under 15 years of age. The survey revealed that many of these girls were victims of abuse. The Committee noted with concern the observation of the United Nations Committee on the Rights of the Child (CRC) that the authorities had not taken sufficient measures to remove girls, some only 8 years old, from households where they are employed as domestic workers in precarious conditions. The Committee urged the Government to take the necessary steps to ensure that the abovementioned bill and the list of hazardous types of domestic work were adopted as a matter of urgency.

The Committee notes with satisfaction the adoption of Act No. 19-12 fixing the conditions of work and employment of male and female domestic workers. The Government refers in its report to the adoption of two implementing decrees, specified in sections 3 and 6 of the aforementioned Act, which establish, respectively, the standard employment contract for domestic workers and the list of hazardous types of work prohibited for domestic workers aged between 16 and 18 years. Activities prohibited for children include the use of chemicals and electric cutting tools or machines which may present a risk to the safety and health of domestic employees, and work which may expose domestic workers to health risks because of contact with persons suffering from contagious diseases.

The Committee notes that section 6 of Act No. 19-12 fixes the minimum age for admission to employment as a domestic worker at 18 years. The aforementioned section provides for a transition period of five years during which children between 16 and 18 years of age may be employed as domestic workers further to written permission from their guardians. Section 7 of the Act prohibits forced labour involving domestic workers. Under section 23 of the Act, persons who infringe sections 6 and 7 are liable to a fine of 25,000–30,000 Moroccan dirhams (MAD) (US$3,000–3,600) and, in the case of a repeat offence, a fine of double the amount and/or three months’ imprisonment. 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 as domestic workers (CCPR/C/MAR/CO/6, paragraph 47). While noting the Government’s efforts to regulate domestic work, the Committee reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under Article 1, must be eliminated as a matter of urgency.The Committee therefore requests the Government to continue its efforts to combat child domestic labour, particularly by ensuring that Act No. 19-12 fixing the conditions of work and employment of male and female domestic workers is applied in practice, and that penalties constituting an effective deterrent are imposed in practice on any individuals who subject children under 18 years of age to domestic work in hazardous or abusive conditions. It requests the Government to provide information on the number and nature of reported offences, the number of prosecutions and the penalties imposed.

Article 3(a). Trafficking of children. In its previous comments, the Committee noted that there was no national legislation relating to the trafficking of children. It also noted the CRC’s observation that Morocco remains a country of origin, destination and transit for children, who are subjected to forced labour, particularly as domestic workers, and also to trafficking for sexual exploitation and forced begging, two-thirds of trafficking victims being children. The Committee further noted that the 2015 study on the trafficking of women and children in Morocco, produced jointly by UN Women, Morocco and the Swiss Confederation, refers to the existence of forced labour for boys in craft work and agriculture and also of trafficking for sexual exploitation in the form of prostitution or pornography. The Committee asked the Government to take the necessary steps to ensure the adoption of legislation prohibiting the trafficking of children.

The Committee notes with interest the adoption of Act No. 27-14 concerning action against trafficking in persons, promulgated by Dahir No. 1-16-104 of 18 July 2016, under which the definition of exploitation includes all forms of sexual exploitation, particularly exploitation of the prostitution of third parties and exploitation in the form of pornography, including through electronic communication media, and also exploitation in the form of forced labour, servitude, begging, slavery or similar practices, and exploitation in armed conflicts (section 448.1). The Committee notes that, under section 448.4, traffickers of persons are liable to imprisonment of 20–30 years and a fine of MAD200,000 to MAD2 million (US$21,000–210,000) when the victims are young persons under 18 years of age. The Government indicates that the Act contains provisions relating to institutional measures and provides for the setting up of a national advisory committee whose mandate is to put forward proposals on combating trafficking of persons and to ensure that the necessary steps are taken to support projects run by associations providing assistance for victims.

However, the Committee notes that, according to the report on the work and recommendations of the July 2017 study day on the institutional framework for combating human trafficking, Morocco continues to be a country of origin, transit, and destination for the trafficking of children for labour or sexual exploitation and domestic servitude. The report emphasizes that Morocco has become a country of transit for many migrants originating from sub-Saharan Africa and Asia, who are at special risk of becoming victims of trafficking networks.While noting the efforts made by the Government to combat trafficking in persons, the Committee requests the Government to provide information on the application in practice of Act No. 27-14 concerning action against trafficking in persons, indicating in particular the number of child victims of trafficking, disaggregated by gender and age, and the number and nature of prosecutions and penalties imposed.

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 the amendment to the Penal Code in 2003 making sex tourism a criminal offence. It noted the Government’s indications that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, and so the Government is making every effort to tackle it. Moreover, the CRC, in its concluding observations of 2014, expressed concern at the growth of sex tourism in Morocco. The Committee also noted that, in the 2011 mid-term evaluation of the National Action Plan for Children 2006–15 (PANE), the Government indicated that PANE had recorded significant progress in the protection of child victims of sexual exploitation, by establishing new public structures for the protection of child victims of sexual violence, including care units in courts and hospitals, support units within the Directorate-General for National Security, guidance and support units in schools, the ONDE telephone helpline and child reception areas in police stations. In this context, the Committee noted that five child protection units (UPEs) were set up between 2007 and 2010 in Marrakech, Casablanca, Tangier, Meknès and Essaouira to ensure better medical, psychological and legal assistance for child victims of violence and mistreatment, including sexual and economic exploitation, and that hundreds of children have benefited. The Government indicated that it had established an integrated public child protection policy in 2013, which included the objective of protecting children from sexual exploitation.

The Committee notes the Government’s indication that the “Integrated public policy for the protection of children in Morocco 2015–25 (PPIPM)”, adopted on 3 June 2015, comprises five strategic objectives, including: (i) strengthening the legal framework for child protection and making it more effective; (ii) establishing regional integrated child protection mechanisms; and (iii) setting up information, follow-up/evaluation and monitoring systems. The Government refers to the setting up of a programme for the rehabilitation of the UPEs, developed by the Ministry for the Family, Solidarity, Equality and Social Development (MFSEDS) in collaboration with the National Assistance Agency and associations with expertise in this field, in order to reinforce structures for the social protection of children and improve the quality of care for children in difficult situations. In 2016, three new UPEs were set up in Salé, Taza and Agadir. The Committee notes that the Government does not provide any information on the number of children prevented from engaging in commercial sexual exploitation or removed from it by the UPEs.The Committee requests the Government to continue its efforts to combat the commercial sexual exploitation of children. It also requests the Government to send information on the implementation of the integrated public child protection policy with regard to sexual exploitation and also information on the number of children prevented from engaging in commercial sexual exploitation or removed from it by the UPEs.

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 in domestic work (INQAD)” as part of the National Action Plan for Children. It also noted the results achieved through the ILO–IPEC–PAMODEC project, particularly the training of 50 labour inspectors in the area of child labour with a specific component on child domestic labour, three regional information and consultation meetings with the relevant stakeholders aimed at establishing a process for the preparation of regional plans to combat domestic labour, six training sessions on child domestic labour for educators and social facilitators in non-governmental organizations (NGOs), participation and consultation on the bill concerning domestic workers, the implementation of two action programmes against child domestic labour involving young girls in the regions of Rabat/Salé and Marrakech/Safi in support of the AMESIP and Al Karam associations (providing aid for children in precarious situations).

The Committee notes the Government’s indications that financial support from the Government in 2017 enabled associations to develop projects, inter alia, to reduce child domestic labour involving young girls, while also taking action to reduce the school dropout rate. Even though the Government indicates that, in 2016, a total of 286 children under 15 years of age were removed from work and 271 children between 15 and 18 years of age were removed from hazardous work, including young girl domestic workers, the Committee notes the lack of information regarding the number of girls removed from domestic work in particular.The Committee encourages the Government to step up its efforts to identify, remove and reintegrate girls under 18 years of age who are employed in domestic work and are victims of economic or sexual exploitation, and requests it to provide information on the results achieved with respect to domestic work involving young girls.

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 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 indication that the national legislation prohibits the use of any person of any age in illicit activities. The Committee noted that, although section 3 of the Dahir issuing Act No. 1.73.282 of 21 May 1974, concerning 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 stipulated by Article 3(c) of the Convention. The Committee noted the Government’s indication that it had incorporated section 440-12 in its draft amendments to the Penal Code prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities. However, the Committee noted that the aforementioned section covers matters relating to conditional release but does not contain the said prohibition.

The Committee notes the Government’s indication that the draft amendments to the Penal Code are intended in particular to criminalize the use of children in illicit activities by the persons closest to them. The Government indicates that the process to adopt the draft amendments to the Penal Code will begin in the near future. The Committee expresses the firm hope that the draft amendments to the Penal Code will include a provision prohibiting the use, procuring or offering of a child under 18 years of age for illicit activities, and requests the Government to send a copy of the amended Code when it is adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted that in the context of 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”, a number of training sessions were organized to strengthen the capacity of the various stakeholders, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points was to monitor workplaces employing children. The Committee noted that, according to the 2011 national report on child labour attached to the Government’s report, labour inspections showed that children were involved in work likely to endanger their health. Furthermore, according to the Government, a total of 1,026 children between 15 and 18 years of age were removed from hazardous work in 2013–14. The sectors employing children between 15 and 18 years of age were commerce (38.6 per cent), metallurgy (19.6 per cent), mechanical engineering (18.1 per cent), the wood industry (6.5 per cent), the food industry (6.5 per cent) and various other sectors (10.7 per cent).

The Committee notes the Government’s indications that each year since 2009 it has earmarked a budget item to support associations combating child labour. 2 million Moroccan dirhams (MAD) (US$210,000) were allocated in 2017 to supporting the projects of eight associations of this sort, which, inter alia, related to: (i) removing children from work and enrolling them in education and at vocational training centres; and (ii) creating alternatives for children and their parents. Moreover, the Committee observes that, according to the High Commission for Planning, the national employment survey for 2017 recorded a total of 2.3 per cent of children between 7 and 17 years of age performing hazardous work. A total of 76.3 per cent of children obliged to perform hazardous work were in rural areas; of that total, 81 per cent were boys, of whom 73 per cent were between 15 and 17 years of age. According to the survey, agriculture accounted for 82.6 per cent of the hazardous work done by children in rural areas, while the service and industrial sectors, including the craft industry, accounted for most hazardous work in urban areas. The Committee urges the Government to intensify its efforts to ensure that all children under 18 years of age are not engaged in the worst forms of child labour, particularly hazardous work. It requests the Government to continue providing information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by gender.

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 the Tayssir programme, established in 2009, aimed at reducing the school dropout rate and encouraging disadvantaged families, particularly in rural areas, to send their children to school. The Committee also noted that the objectives of the “Emergency Plan 2009–12” included the building of infrastructure to develop the capacity and improve the supply of education in rural areas. However, the Government indicated that although there is almost universal coverage in primary education, the progression to secondary education was unsatisfactory. The Committee noted the Government’s indication that 246 new schools had opened, increasing the total number of schools to 10,667, including 54 per cent in rural areas. In addition, the Government had taken action to strengthen the Dar taleba and Dar talleb networks, which aim to encourage school enrolment in rural areas and have 764 structures supervised by the National Assistance Agency. The Government further indicated its support for 68 projects concerned with schooling for children with disabilities and 16 projects concerned with protection for children in difficult situations.

The Committee notes the Government’s indications that 3,056 pupils benefited from the educational support programme in 2016, including 140 from immigrant backgrounds. In the same year, 80,573 children were awarded educational bursaries through the associations that manage the Dar taleba and Dar talleb institutions in rural areas. In addition, 136,421 bursaries, the amount of which was increased from MAD700–1,260 (US$73.50–$132.30) were awarded to pupils in situations of need. The Government also indicates that in 2016, as part of the national strategy providing social support for children in school and their families, 4,013,897 children benefited from the “1 million satchels” operation and 509,475 families benefited from the Tayssir financial support programme. Drinking water supply structures and sanitation systems were installed in 158 schools in rural areas, catering for 27,607 children. The Committee notes that the “1 million satchels” operation seeks primarily to ensure equal opportunities in education and prevent children from dropping out of school.

However, the Committee notes that the National Human Rights Council in Morocco, in its contribution to the third cycle of the Universal Periodic Review of the United Nations (UN), underlined its concern regarding education for girls in rural areas. According to the 2017 report on child poverty in Morocco, 29 per cent of children between 15 and 17 years of age do not attend school. The Committee also notes that the Office of the United Nations High Commissioner for Human Rights (OHCHR), in its February 2017 report, indicated that according to UNESCO, even though measures had been taken to improve the quality of education, the problem of young people who did not attend school and school dropouts remained a significant concern. The OHCHR also observed that the UN Committee on Economic, Social and Cultural Rights noted the significant progress made in providing access to education but remained concerned about academic failure and the poor quality of public education. The aforementioned Committee also expressed concern at the disparities between school enrolment rates for girls and boys (A/HRC/WG.6/27/MAR/2, paragraphs 61, 62 and 64). While noting the considerable efforts made by the Government, the Committee once again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly in secondary education, and reducing the school dropout rate in order to prevent the engagement of children in the worst forms of child labour, with a particular focus on girls and on children living in rural areas. It requests the Government to provide up-to-date statistics on primary school enrolment and dropout rates, disaggregated by gender and age.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted that the recorded number of street children was 600,000, the vast majority of whom did not attend school. The Government also indicated that non governmental organizations (NGOs) had taken action in recent years to identify, provide shelter for and reintegrate street children. In parallel, the National Assistance Agency had implemented a specific programme for street children in the provinces of Tangier, Béni Mellal, Nador and Khouribga, with 18 social protection establishments for street children and the number of beneficiary children benefited reached 2,031. The Committee also noted the Government’s indication that a survey on street children in Casablanca had been conducted in April 2011, and that the initial results indicated that there were 294 street children in the city of Casablanca (262 boys and 32 girls, with 84 per cent between 15 and 18 years of age, 14 per cent between 10 and 15 years of age, and 2 per cent under 10 years of age), accounting for 38 per cent of those affected by this phenomenon. The Committee noted the indication of the United Nations Committee on the Rights of the Child (CRC) that, despite the lack of precise data, the number of street children was reportedly increasing.

The Committee notes the Government’s indication that amendments to the Penal Code and the Code of Criminal Procedure have resulted in a legal framework enabling better protection for street children. Moreover, according to the information from the Government, the survey of street children in Casablanca has made it possible to determine the characteristics of the phenomenon and identify the locations frequented by these children. The Committee notes the Government’s indication that the “Cities without street children” programme was devised in 2016, as part of the integrated public child protection policy, to prevent the phenomenon of street children and protect them at the regional level. It notes that the OHCHR, in its report of 20 February 2017, indicated that the CRC expressed concern at the fact that many children, especially street children, reportedly suffered mistreatment in police stations. Furthermore, the OHCHR regional office for the Middle East and North Africa, and the Working Group on Arbitrary Detention, found that a significant number of children were detained in prison (A/HRC/WG.6/27/MAR/2, paragraph 77). The Committee recalls that children in street situations are at particular risk of becoming involved in the worst forms of child labour, and once again requests the Government to intensify its efforts to identify, remove and reintegrate these children. It also requests the Government to provide information on the results achieved through the “Cities without street children” programme and the activities of the National Assistance Agency, associations and NGOs, particularly in terms of the number of children who have benefited from these measures. Lastly, the Committee requests the Government to indicate which amendments to the Penal Code and the Code of Criminal Procedure have resulted in better legal protection for children in street situations.

Article 8. International cooperation and assistance. 1. International cooperation against hazardous work. The Committee notes the Government’s indication that, under a cooperative agreement, the Ministry of Labour and Employment (MTIP) and the United States Department of Labor (USDOL) developed the “Promise Pathways” project to reduce child labour through viable paths in education and decent work over a four-year period (2013–17). During this period, the project targeted a total of 5,533 children between 6 and 17 years of age, and 1,016 members of their families over 18 years of age, particularly in the prefecture of Marrakech and the provinces of Al Haouz and Chichaoua. Among other things, the project resulted in the removal of 304 children between 15 and 18 years of age from hazardous work, including girls employed as domestic workers. The Committee encourages the Government to continue its efforts to reinforce international cooperation and assistance in order to combat the worst forms of child labour, and requests it to continue providing information on the results achieved in this respect.

2. Sex tourism. The Committee notes that the Government adopted Act No. 148-12 of 12 May 2014, approving the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, adopted in Lanzarote on 25 October 2007. The Committee also notes the OHCHR report of 20 February 2017, in which the CRC recommended that the Government strengthen its international cooperation against child sex tourism through multilateral, regional and bilateral arrangements (A/HRC/WG.6/27/MAR/2, paragraph 74). The Committee requests the Government to take the necessary steps to strengthen its international cooperation against child sex tourism and to provide information in this regard.

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

Articles 3(a) and (d) and 7(1) of the Convention. Forced or compulsory labour, hazardous work and penalties. Child domestic labour. In its previous comments, the Committee noted the statement by the International Trade Union Confederation (ITUC) 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 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 concerning domestic work, fixing the minimum age for this type of employment at 16 years, was in the process of being adopted. The Government indicated that a specific list determining hazardous types of work prohibited in the domestic work sector had been drawn up and would be circulated for approval after promulgation of the abovementioned bill. Furthermore, an initial survey of girl domestic workers indicated a total of nearly 23,000 girls under 18 years of age engaged in domestic work in the Greater Casablanca area, 59.2 per cent of whom were under 15 years of age. The survey revealed that many of these girls were victims of abuse. The Committee noted with concern the observation of the United Nations Committee on the Rights of the Child (CRC) that the authorities had not taken sufficient measures to remove girls, some only 8 years old, from households where they are employed as domestic workers in precarious conditions. The Committee urged the Government to take the necessary steps to ensure that the abovementioned bill and the list of hazardous types of domestic work were adopted as a matter of urgency.

The Committee notes with satisfaction the adoption of Act No. 19-12 fixing the conditions of work and employment of male and female domestic workers. The Government refers in its report to the adoption of two implementing decrees, specified in sections 3 and 6 of the aforementioned Act, which establish, respectively, the standard employment contract for domestic workers and the list of hazardous types of work prohibited for domestic workers aged between 16 and 18 years. Activities prohibited for children include the use of chemicals and electric cutting tools or machines which may present a risk to the safety and health of domestic employees, and work which may expose domestic workers to health risks because of contact with persons suffering from contagious diseases.

The Committee notes that section 6 of Act No. 19-12 fixes the minimum age for admission to employment as a domestic worker at 18 years. The aforementioned section provides for a transition period of five years during which children between 16 and 18 years of age may be employed as domestic workers further to written permission from their guardians. Section 7 of the Act prohibits forced labour involving domestic workers. Under section 23 of the Act, persons who infringe sections 6 and 7 are liable to a fine of 25,000–30,000 Moroccan dirhams (MAD) (US$3,000–3,600) and, in the case of a repeat offence, a fine of double the amount and/or three months’ imprisonment. 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 as domestic workers (CCPR/C/MAR/CO/6, paragraph 47). While noting the Government’s efforts to regulate domestic work, the Committee reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under Article 1, must be eliminated as a matter of urgency. The Committee therefore requests the Government to continue its efforts to combat child domestic labour, particularly by ensuring that Act No. 19-12 fixing the conditions of work and employment of male and female domestic workers is applied in practice, and that penalties constituting an effective deterrent are imposed in practice on any individuals who subject children under 18 years of age to domestic work in hazardous or abusive conditions. It requests the Government to provide information on the number and nature of reported offences, the number of prosecutions and the penalties imposed.

Article 3(a). Trafficking of children. In its previous comments, the Committee noted that there was no national legislation relating to the trafficking of children. It also noted the CRC’s observation that Morocco remains a country of origin, destination and transit for children, who are subjected to forced labour, particularly as domestic workers, and also to trafficking for sexual exploitation and forced begging, two-thirds of trafficking victims being children. The Committee further noted that the 2015 study on the trafficking of women and children in Morocco, produced jointly by UN Women, Morocco and the Swiss Confederation, refers to the existence of forced labour for boys in craft work and agriculture and also of trafficking for sexual exploitation in the form of prostitution or pornography. The Committee asked the Government to take the necessary steps to ensure the adoption of legislation prohibiting the trafficking of children.

The Committee notes with interest the adoption of Act No. 27-14 concerning action against trafficking in persons, promulgated by Dahir No. 1-16-104 of 18 July 2016, under which the definition of exploitation includes all forms of sexual exploitation, particularly exploitation of the prostitution of third parties and exploitation in the form of pornography, including through electronic communication media, and also exploitation in the form of forced labour, servitude, begging, slavery or similar practices, and exploitation in armed conflicts (section 448.1). The Committee notes that, under section 448.4, traffickers of persons are liable to imprisonment of 20–30 years and a fine of MAD200,000 to MAD2 million (US$21,000–210,000) when the victims are young persons under 18 years of age. The Government indicates that the Act contains provisions relating to institutional measures and provides for the setting up of a national advisory committee whose mandate is to put forward proposals on combating trafficking of persons and to ensure that the necessary steps are taken to support projects run by associations providing assistance for victims.

However, the Committee notes that, according to the report on the work and recommendations of the July 2017 study day on the institutional framework for combating human trafficking, Morocco continues to be a country of origin, transit, and destination for the trafficking of children for labour or sexual exploitation and domestic servitude. The report emphasizes that Morocco has become a country of transit for many migrants originating from sub-Saharan Africa and Asia, who are at special risk of becoming victims of trafficking networks. While noting the efforts made by the Government to combat trafficking in persons, the Committee requests the Government to provide information on the application in practice of Act No. 27-14 concerning action against trafficking in persons, indicating in particular the number of child victims of trafficking, disaggregated by gender and age, and the number and nature of prosecutions and penalties imposed.

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 the amendment to the Penal Code in 2003 making sex tourism a criminal offence. It noted the Government’s indications that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, and so the Government is making every effort to tackle it. Moreover, the CRC, in its concluding observations of 2014, expressed concern at the growth of sex tourism in Morocco. The Committee also noted that, in the 2011 mid-term evaluation of the National Action Plan for Children 2006–15 (PANE), the Government indicated that PANE had recorded significant progress in the protection of child victims of sexual exploitation, by establishing new public structures for the protection of child victims of sexual violence, including care units in courts and hospitals, support units within the Directorate-General for National Security, guidance and support units in schools, the ONDE telephone helpline and child reception areas in police stations. In this context, the Committee noted that five child protection units (UPEs) were set up between 2007 and 2010 in Marrakech, Casablanca, Tangier, Meknès and Essaouira to ensure better medical, psychological and legal assistance for child victims of violence and mistreatment, including sexual and economic exploitation, and that hundreds of children have benefited. The Government indicated that it had established an integrated public child protection policy in 2013, which included the objective of protecting children from sexual exploitation.

The Committee notes the Government’s indication that the “Integrated public policy for the protection of children in Morocco 2015–25 (PPIPM)”, adopted on 3 June 2015, comprises five strategic objectives, including: (i) strengthening the legal framework for child protection and making it more effective; (ii) establishing regional integrated child protection mechanisms; and (iii) setting up information, follow-up/evaluation and monitoring systems. The Government refers to the setting up of a programme for the rehabilitation of the UPEs, developed by the Ministry for the Family, Solidarity, Equality and Social Development (MFSEDS) in collaboration with the National Assistance Agency and associations with expertise in this field, in order to reinforce structures for the social protection of children and improve the quality of care for children in difficult situations. In 2016, three new UPEs were set up in Salé, Taza and Agadir. The Committee notes that the Government does not provide any information on the number of children prevented from engaging in commercial sexual exploitation or removed from it by the UPEs. The Committee requests the Government to continue its efforts to combat the commercial sexual exploitation of children. It also requests the Government to send information on the implementation of the integrated public child protection policy with regard to sexual exploitation and also information on the number of children prevented from engaging in commercial sexual exploitation or removed from it by the UPEs.

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 in domestic work (INQAD)” as part of the National Action Plan for Children. It also noted the results achieved through the ILO–IPEC–PAMODEC project, particularly the training of 50 labour inspectors in the area of child labour with a specific component on child domestic labour, three regional information and consultation meetings with the relevant stakeholders aimed at establishing a process for the preparation of regional plans to combat domestic labour, six training sessions on child domestic labour for educators and social facilitators in non-governmental organizations (NGOs), participation and consultation on the bill concerning domestic workers, the implementation of two action programmes against child domestic labour involving young girls in the regions of Rabat/Salé and Marrakech/Safi in support of the AMESIP and Al Karam associations (providing aid for children in precarious situations).

The Committee notes the Government’s indications that financial support from the Government in 2017 enabled associations to develop projects, inter alia, to reduce child domestic labour involving young girls, while also taking action to reduce the school dropout rate. Even though the Government indicates that, in 2016, a total of 286 children under 15 years of age were removed from work and 271 children between 15 and 18 years of age were removed from hazardous work, including young girl domestic workers, the Committee notes the lack of information regarding the number of girls removed from domestic work in particular. The Committee encourages the Government to step up its efforts to identify, remove and reintegrate girls under 18 years of age who are employed in domestic work and are victims of economic or sexual exploitation, and requests it to provide information on the results achieved with respect to domestic work involving young girls.

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

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

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 indication 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, concerning 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 observed with regret that the Government had maintained for a number of 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, but had still not indicated the specific legislative provisions setting out such prohibitions.

The Committee notes the Government’s indication that it has incorporated section 440-12 in its draft amendments to the Penal Code prohibiting the use, recruitment or offering of a child under 18 years of age for illicit activities. However, the Committee notes that the abovementioned section covers issues relating to conditional release but does not contain the abovementioned prohibition. While taking due note of the proposed amendments to the Penal Code, the Committee requests the Government to take the necessary steps to incorporate a provision prohibiting the use, recruitment or offering of a child under 18 years of age for illicit activities and to send a copy of the legislation once it has been adopted.

Article 5. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted that in the context of 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”, a number of training sessions were organized to strengthen the capacity of the various actors involved in combating child labour, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points is to monitor establishments employing children. The Committee noted that, according to the 2011 national child labour report sent by the Government with its report, the labour inspections showed that children are involved in work that is likely to be harmful to their health.

The Committee notes the Government’s indication that a total of 1,026 working children between 15 and 18 years of age were removed from hazardous work in 2013–14 (538 by focal points, 325 through the ILO–IPEC programme and 163 by associations in collaboration with the Ministry of Employment and Social Affairs). The sectors employing children between 15 and 18 years of age are commerce (38.6 per cent), metallurgy (19.6 per cent), mechanical engineering (18.1 per cent), the wood industry (6.5 per cent), the food industry (6.5 per cent) and various other sectors (10.7 per cent). The Committee requests the Government to intensify its efforts to prevent the engagement of all children under 18 years of age in the worst forms of child labour, particularly hazardous work. The Committee requests the Government to continue providing information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by sex.

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 the Tayssir programme had been established in 2009, aimed at reducing the school drop-out rate and encouraging disadvantaged families, particularly in rural areas, to send their children to school. The Committee also noted that an emergency plan had been adopted for the 2009–12 period, including ten projects intended to give effect to compulsory schooling until the age of 15. The Committee noted the Government’s indication that the objectives of the emergency plan included constructing the necessary primary and middle schools to develop the capacity and improve the supply of education in rural areas. However, the Government indicated that although there is almost universal coverage in primary education, progress in secondary education was unsatisfactory.

The Committee notes the Government’s indication 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 Government also indicates that 246 new schools have opened, increasing the total number of schools to 10,667, including 54 per cent in rural areas. The Committee also notes the Government’s actions in the context of strengthening the Dar taleba and Dar talleb networks, which aim to encourage school enrolment in rural areas and have 764 structures supervised by the National Assistance Agency. The Government further indicates that it is supporting 68 projects in the area of schooling for children with disabilities and 16 projects in the field of protection for children in difficult situations. However, the Committee notes the absence of information on the number of children that have benefited from the Tayssir programme and also of statistics on the school drop-out rate and the secondary school enrolment rate. While noting the considerable efforts made by the Government, the Committee once again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the school attendance rate, particularly in secondary education, and reducing the school drop-out rate in order to prevent the engagement of children in the worst forms of child labour, giving particular attention to girls and to children living in rural areas. It requests the Government to provide updated statistics on primary school enrolment and drop-out rates and on the number of children who have benefited from the Tayssir programme and the emergency plan.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted that the recorded number of street children was 600,000, the vast majority of whom did not attend school. The Government also indicated that NGOs had taken action in recent years to identify, provide shelter for and reintegrate street children. In parallel, the National Assistance Agency had implemented a specific programme for street children in the provinces of Tangier, Béni Mellal, Nador and Khouribga. Lastly, the Committee noted the Government’s indication that a survey on street children in Casablanca had been conducted in April 2011.

The Committee notes the Government’s information to the effect that the National Assistance Agency runs 18 social protection establishments for street children, with the number of beneficiary children standing at 2,031. As regards the survey of the situation of street children, the Government indicates that initial results have shown that there were 294 street children in the city of Casablanca (262 boys and 32 girls, with 84 per cent between 15 and 18 years of age, 14 per cent between ten and 15 years of age, and two per cent under ten years of age), accounting for 38 per cent of those affected by this phenomenon. The Committee notes that the report is silent about the number of street children taken care of by associations and NGOs. Lastly, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 October 2014, noted that, despite the absence of precise data, the number of street children is reportedly on the rise (paragraph 66). In view of the growing number of street children in Morocco and their particular vulnerability to the worst forms of child labour, the Committee once again requests the Government to intensify its efforts to identify, remove and reintegrate street children. It also requests the Government to continue providing information on the results achieved through the activities of the National Assistance Agency, associations and NGOs, particularly in terms of the number of street children who have benefited from these measures.

2. Child domestic labour. The Committee previously noted the adoption of the National Programme to combat the use of young girls in domestic work (INQAD) as part of the National Action Plan for Children (PANE).

The Committee notes the results achieved in the context of the ILO–IPEC–PAMODEC project, particularly the training of 50 labour inspectors in the area of child labour with a particular component on child domestic labour, three regional information and consultation meetings with the relevant stakeholders aimed at establishing a process for the preparation of regional plans to combat domestic labour, six training sessions on child domestic labour for educators and social facilitators in NGOs, participation and consultation on the Bill concerning domestic workers, the implementation of two action programmes to combat child domestic labour involving young girls in the regions of Rabat/Salé and Marrakech/Safi as support for the Moroccan Association Supporting Children in Precarious Situations (AMESIP) and Al Karam associations. However, the Committee notes the absence of information on the results achieved further to these activities, especially the number of girls removed from domestic labour. The Committee encourages the Government to intensify its efforts to identify, remove and reintegrate girls under 18 years of age who are employed in domestic work and are victims of economic or sexual exploitation, and requests it to continue providing information on the results achieved relating to domestic work involving young girls.

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, the National Human Development Initiative (INDH) chiefly comprises three major programmes combating, respectively, rural poverty, urban social exclusion and precarious conditions, and targets the poor, including street children exposed to work at an early age. The Committee took note of the detailed information provided by the Government concerning the projects implemented in the context of the INDH.

The Committee notes the Government’s indications that the INDH supported 1,178 human development projects in the 2005–13 period. The Government indicates that these projects have made it possible to improve care provision and promote family and social reintegration, enhance the quality of the services provided by associations and public institutions, expand coverage, support stakeholders and associations active in the area of services to vulnerable persons, and ensure effective prevention.

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the statement by the International Trade Union Confederation (ITUC) that child domestic labour, performed under conditions of servitude, is common practice in the country, with parents selling their children, sometimes as young as six years of age, to work as domestic servants. The ITUC also previously indicated that some 50,000 children, mainly girls, were employed in domestic work in the city of Casablanca. 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 concerning domestic work had been adopted in June 2011 but with the entry into office of the new Government the validation process had been delayed, with the Bill withdrawn from Parliament and resubmitted to the Council of the Government in 2012 for in-depth examination. 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, which may include 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 in conjunction with the future Act concerning 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 had been undertaken in the Greater Casablanca area, according to which nearly 23,000 girls under 18 years of age were working in that area as domestic workers, 59.2 per cent of whom were under 15 years of age. The survey revealed that many of these girls were victims of abuse.

The Committee notes the Government’s information to the effect that the Bill concerning domestic work was adopted by the Chamber of Councillors on 27 January 2015 and is currently before the Chamber of Representatives for adoption. The Government indicates that the minimum age specified in the final version of the Bill is 16 years. The Government also states that the specific list determining hazardous types of work prohibited in the domestic work sector has been drawn up and will be circulated for approval after promulgation of the Bill. It also indicates that this list will be the subject of consultations with the social partners. The Committee also notes the Government’s statement that the annual national labour survey conducted by the High Commission for Planning in 2013 reveals that 86,000 children are involved in child labour, including 6,000 in domestic work. However, the Committee points out that, according to the aforementioned survey, the stated number of children involved in child labour corresponds to the 7–15 age group and does not cover all working children. The Government further indicates that a study on the identification of unacceptable tasks within domestic work was conducted in conjunction with the ILO in 2013–14, the results of which are due during the second half of 2015 and will be sent with the next report. While duly noting the recent progress in the process to adopt the Bill concerning domestic work, the Committee notes with concern that the Committee on the Rights of the Child (CRC), in its concluding observations of 14 October 2014 (CRC/C/MAR/CO/3-4, paragraph 64), observed that the authorities had not taken sufficient measures to remove girls, some only eight years old, from households where they are employed as domestic workers in precarious conditions. The Committee urges the Government to take the necessary steps to ensure that the abovementioned Bill and the list of hazardous types of work are adopted as a matter of urgency. The Committee also requests the Government to take immediate and effective measures against child domestic labour. Lastly, the Committee requests the Government to supply the results of the survey on domestic work. This information should be disaggregated by sex and age, as far as possible.

Article 3(a). Trafficking of children. In its previous comments, the Committee noted that there was no national legislation relating to the trafficking of children.

The Committee notes the concluding observations of 14 October 2014 of the CRC, according to which the CRC noted with concern that Morocco remains a country of origin, destination and transit for children, primarily from sub-Saharan Africa and south Asia, who are subjected to forced labour, including as domestic workers, and also to trafficking for sexual exploitation and forced begging, two thirds of victims of trafficking being children (CRC/C/MAR/CO/3-4, paragraph 68). The Committee also notes the information contained in the 2015 Study on the trafficking of women and children in Morocco, produced jointly by UN Women, Morocco and the Swiss Confederation, which refers to the existence of forced labour for boys in craft work and agriculture and also trafficking for sexual exploitation in the form of prostitution or pornography (page 97). Lastly, the Committee notes that, according to the report dated 1 April 2014 of the Special Rapporteur on trafficking in persons, especially women and children (A/HRC/26/37/Add.3, paragraph 25), a draft amendment to the Penal Code in relation to trafficking was expected to be in effect by 2015. The Committee, therefore, requests the Government to take the necessary measures to ensure the adoption of legislation prohibiting the trafficking of children and to send a copy of the legislation, once it has been adopted. The Committee also requests the Government to supply information on all steps taken to combat the trafficking of children, on the number of child victims of trafficking and the number of prosecutions of perpetrators of child trafficking.

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 the amendment to the Penal Code in 2003 making sex tourism a criminal offence. It noted the Government’s indications that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, for which reason the Government is sparing no effort to address it. The Committee also noted that five child protection units (UPEs) have been set up since 2007 in Marrakech, Casablanca, Tangier, Meknès and Essaouira to ensure better medical, psychological and legal assistance for child victims of violence and ill treatment, including child victims of sexual and economic exploitation, and that hundreds of children have benefited.

The Committee notes the Government’s statement that the National Action Plan for Children 2006–15 (PANE) establishes specific measures for protecting children against sexual exploitation. The Government indicates that the mid-term evaluation of PANE in 2011 recorded significant progress, such as the establishment of new public structures for the protection of child victims of sexual violence, including care units in courts and hospitals, support units within the Directorate-General for National Security, the UPEs, guidance and support units in schools, the ONDE telephone helpline and child reception areas in police stations. The Government also indicates that it established an Integrated Public Child Protection Policy in 2013, including with a view to protecting children against sexual exploitation. The Government indicates that in 2010 the operations of the three UPEs in Casablanca, Marrakech and Tangier were hindered by their lack of legal status and that the Ministry of Solidarity, Women, Family and Social Development (MSFFDS) established eight UPEs in Sidi Kacem, Oujda, Tétouan, Agadir, Beni Mellal and Salé, while reviving the UPE in Tangier and giving support to the UPE in Casablanca. The Committee also notes the 2014 Study on sexual violence against children in Morocco produced jointly by the National Human Rights Council, UNICEF and an NGO, according to which commercial sexual exploitation in Morocco persists but is largely undocumented. The Committee notes the Government’s indication that the aforementioned study will provide improved guidance for future action. However, the Committee notes that, according to the study, the UPEs have not received the support they need to be effective (page 70). Lastly, the Committee notes that the CRC, in its concluding observations of 14 October 2014 (CRC/C/MAR/CO/3-4), expressed its concern at the growth in sex tourism (paragraph 40) and at the fact that no budget was allocated for the implementation of PANE, and regretted that the 2011 evaluation of PANE has not been given proper follow-up (paragraph 12), with a consequent failure to respond to the problem of sexual exploitation. While taking due note of the Government’s efforts, the Committee urges the Government to adopt immediate and effective measures to combat the commercial sexual exploitation of children. The Committee also requests the Government to provide information on the implementation of the National Action Plan and the Integrated Public Child Protection Policy in relation to sexual exploitation and also information on the number of children who have been prevented from engaging in prostitution or withdrawn from it via the UPEs.

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

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

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.

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the statement by the International Trade Union Confederation (ITUC) that child domestic labour, performed under conditions of servitude, is common practice in the country, with parents selling their children, sometimes as young as six years of age, to work as domestic servants. 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 also noted that a Bill on domestic work had been adopted and was in the process of being validated. 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, which may include 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 in conjunction with the future Bill on the conditions of employment and work of domestic workers. This Bill has been in the process of being adopted since June 2011.

The Committee also noted that an initial qualitative and quantitative survey of girls under 18 years of age engaged in domestic work had been 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 penalties or 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 the national level. The Committee further noted the Government’s indications that the figures recorded by the 2001 survey have decreased significantly since then, owing to the efforts made by Morocco in recent years, especially to combat school drop-outs and all other forms of social exclusion. With regard to the second survey to be conducted on girls engaged in domestic work in Casablanca, the Government indicated that the methodological report which determines the target group and planning of the survey had been drawn up and the survey itself was being undertaken.

The Committee notes the Government’s indications that, with the entry into office of the new Government, the Bill on domestic work was withdrawn from Parliament and resubmitted to the Council of the Government on 12 March 2012, which deferred it for in-depth examination. With regard to the survey on girls engaged in domestic work in Casablanca, the Government indicates that it commenced during the course of 2012 and that the results will be provided when they have been published. The Committee reminds the Government that young girls engaged in domestic work are often victims of exploitation and that the clandestine nature of such work makes it difficult to monitor their conditions of employment. It also reminds the Government that, under the terms of Article 1 of the Convention, each member State shall take immediate and effective measures to secure the prohibition of the worst forms of child labour as a matter of urgency. Observing that the Government has been referring to the adoption of the Bill on domestic work and the specific list of prohibited types of hazardous work in the domestic work sector for several years, the Committee urges it to take the necessary measures to ensure that the Bill and the list are adopted on an urgent basis. The Committee also requests the Government to take the necessary measures to conclude the survey on the situation of young girls engaged in domestic work in Casablanca in the very near future and to provide a copy of the findings to the Office with its next report.

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 the amendment to the Penal Code in 2003 making sex tourism a criminal offence. It noted the Government’s indications that the scourge of the sexual exploitation of children remains unseen and unrecognized in Morocco, for which reason the Government is sparing no effort to address it. The Committee also noted that five child protection units (UPEs) had been set up since 2007 in Marrakech, Casablanca, Tangier, Meknès and Essaouira to ensure better medical, psychological and legal assistance for child victims of violence and ill treatment, including child victims of sexual and economic exploitation, and that hundreds of children have benefited. The Committee also noted that, as part of the National Action Plan for Children (PANE) for the decade 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 lack of information in the Government’s report on the activities of the UPEs and on the results achieved through the implementation of the National Strategy to 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 will be implemented in the very near future and to provide information in its next report on the progress achieved in this respect. The Committee also requests the Government to provide updated information on the number of children who are prevented from engaging in or removed from prostitution through the UPEs. Finally, the Committee once again asks the Government to provide a copy of the preliminary study on the problem of the sexual exploitation of children undertaken 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 in Domestic Work (INQAD) as part of the PANE. It also noted that, as part of the strategic plan for 2008–12, and following the 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 domestic workers and to prepare regional action plans. It further noted that, as part of the multi-sectoral programme implemented in collaboration with the United Nations Development Programme 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 Marrakech Tensift-El Haouz over the period 1 January 2009 to 31 December 2010.

The Committee notes the Government’s indications that in 2011, following the activities undertaken with the cooperation of ILO–IPEC, 12,192 children were removed from their workplaces and offered viable alternatives and 20,993 were prevented from engaging in work. The Committee also notes that, according to information available from ILO–IPEC, an IPEC action project to combat domestic work by girls is being implemented up to 2014 in the context of the project to support the implementation of the ILO Declaration (PAMODEC). The ILO/IPEC/PAMODEC project has three main priorities, namely prevention, removal and protection, and emphasizes education, capacity building and national ownership. Activities have already been carried out in the context of the project, including the training of 50 focal points on the improvement of the system of monitoring and information gathering, with a special component on combating domestic work by children, training courses on domestic work by children for NGO educators and social workers and information sessions for primary and middle school teachers and inspectors in the Fès region, the objective of which is to combat more effectively school drop-outs, particularly among girls. The Committee encourages the Government to intensify its efforts for the identification, removal and reintegration of girls under 18 years of age engaged in domestic work who are victims of economic or sexual exploitation, and requests it to continue providing information on the results achieved, particularly in the context of the ILO/IPEC/PAMODEC project on domestic work by girls. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted that, in the context of the ILO–IPEC project “Combating child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various actors involved in combating child labour, including 330 labour inspectors and 43 controllers designated as focal points. One of the tasks of the focal points is to monitor establishments employing children. The Committee noted previously the Government’s indications concerning the activities undertaken by the focal points in the years 2008–10.

The Committee notes the information provided by the Government on the activities carried out by the focal points in 2011. They visited 383 workplaces, in which they detected 119 child workers under the age of 15 years and 397 child workers between the ages of 15 and 18 years. During the visits, 1,234 reports were drawn up, nine offences and violations were recorded and four cases were referred for prosecution. The sectors employing children between 15 and 18 years of age are commerce and mechanical work (31 per cent), wood working (19 per cent), manufacturing (14 per cent), retail (11 per cent) and the textile industry (8 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 found that children are engaged in work likely to harm their health. The dangers include: the effects of radiation and exposure to injury and burns through welding; the use of machinery with cutting edges and the carrying of heavy loads; the use of chemicals and exposure to dust; the use of paints; the use of electricity, and exposure to high temperatures. The report indicates that when children between the ages of 15 and 18 years are identified in such situations, appropriate work is offered to them as an alternative. Expressing its concern at the situation of children under 18 years of age engaged in hazardous types of work and the low number of violations reported and cases referred for prosecution in comparison, the Committee requests the Government to intensify its efforts to ensure that no children under 18 years of age are engaged in the worst forms of child labour, including hazardous types of work. The Committee requests the Government to continue providing information on the application of the Convention in practice, including statistical data and information on the nature, extent and trends of the worst forms of child labour. In so far as possible, all such information should be disaggregated by age and gender.

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

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

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 that, according to the Government, the national legislation prohibits any person, regardless of age, from being used in illicit activities. The Committee asked the Government to indicate and send a copy of the provisions of national law prohibiting the use, procuring or offering of a child for illicit activities. It noted that, although section 3 of the Royal Decree issuing Act No. 1.73.282 of 21 May 1974, concerning the suppression of drug addiction and the protection of drug addicts, prohibits anyone 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 notes that the Government reiterates in its report that national law prohibits the use of any person, regardless of age, for illicit activities and also the procuring or offering of a child for illicit activities, especially the production and trafficking of drugs. However, the Committee observes that the Government still does not indicate which specific legal provisions lay down such prohibitions. In view of the fact that it has been commenting on this point for a number of years, the Committee again urges the Government to take the necessary measures, as a matter of urgency, 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 the national legislation.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments the Committee noted that, in the context of the ILO–IPEC project “Combating child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various players involved in combating child labour, including 330 labour inspectors and 43 controllers recently designated as focal points. One of the tasks of the focal points is to monitor establishments employing children.

The Committee notes the information sent by the Government concerning the activities of the focal points from 2008 to 2010. The number of workplaces inspected rose from 287 in 2008 to 388 in 2009 and to 526 in 2010. In 2010, the inspections identified 218 working children under 15 years of age and 461 working children between 15 and 18 years of age. The sectors of activity in which the children were employed were mechanical engineering, commerce, the wood industry, metallurgy and civil engineering. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. All information should, as far as possible, be disaggregated by age and by sex.

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 with interest the Government’s information to the effect that, as part of the project to support the schooling of children from disadvantaged backgrounds, 280,000 families had received financial support. Moreover, a new Tayssir programme was established in 2009, which aims to reduce the school drop-out rate and encourage disadvantaged families, particularly in rural areas, to send their children to school. Under this programme, the families of 87,000 children have received a monthly financial allowance to enable them to keep their children in school. According to the Government, this experiment has had a positive effect on the school attendance rate, with a 25.8 per cent increase in the enrolment rate for pupils in the first year of primary school, a 58.2 per cent decrease in the school absence rate and a 71.4 per cent reduction in the school drop-out rate. In the light of these results, the Government decided to continue and extend the programme in order to increase the number of pupils benefiting from it to 277,000 in 2010.

The Committee notes the Government’s detailed information to the effect that it is continuing to make major efforts to extend the infrastructure for primary and secondary schools and improve the quality of education and the supply of teaching, especially in rural areas. The Government indicates that 720 new secondary schools (6,800 classrooms) will have been opened between 2009 and 2012, catering for 330,000 new pupils and achieving a 90 per cent attendance rate in secondary schools. The Committee also notes that, under the Tayssir programme, the number of beneficiary families increased from 47,052 in 2008–09 to 160,000 in 2009–10, and the number of beneficiary pupils rose from 88,000 in 2008–09 to 299,970 in 2009–10. The Government indicates that this has contributed to a substantial reduction in school drop-out rates. The Committee again encourages the Government to continue its efforts to improve the functioning of the education system by increasing the rate of school attendance and reducing the school drop-out rate in order to prevent the engagement of children in the worst forms of child labour, paying particular attention to girls and to children living in rural areas. It requests the Government to continue to supply up-to-date statistics on the school attendance and school drop-out rates in the primary level and also on the numbers of children benefiting from the Tayssir programme.

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, three child protection units (UPEs) had been set up in Marrakesh, Casablanca and Tangier, and that a new UPE was due to be set up in Meknès in June 2010. It also noted that the Ministry of Social Development, Family Affairs and Solidarity (MDFS) had developed, as part of the implementation of the National Plan of Action 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 indications that five UPEs are now operational in Morocco, in the cities of Marrakesh, Casablanca, Tangier, Meknès and Essaouira. It notes the Government’s statistics relating to the number of child victims of violence who have benefited from UPE services but notes that specific data on street children have not been provided. Moreover, the Committee notes the Government’s indication that the survey of the situation of street children in Morocco has not yet been conducted. Given that street children are particularly exposed to the worst forms of child labour, the Committee again requests the Government to strengthen its efforts with respect to the identification, withdrawal and reintegration of street children. It also again requests the Government to supply information on the measures taken and results achieved in the context of the INDIMAJ programme and to continue to supply information on the results achieved by the work of the UPEs in terms of the number of street children who have benefited from these measures. The Committee urges the Government to take steps to ensure that the survey on the situation of street children is completed in the very near future and to send the results of the survey as soon as possible.

Article 8. Poverty reduction. In its previous comments the Committee noted that a National Human Development Initiative (INDH) was launched in May 2005, encompassing three major programmes aimed at reducing rural poverty, social exclusion in urban areas and precarious living conditions. The Committee also noted that, according to the document 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 INDH targets disadvantaged persons, including street children exposed to work at an early age.

The Committee notes the detailed information from the Government concerning the projects established in the context of the INDH, including the programme for the community-based supply of drinking water to rural areas, the national programme for the construction of rural roads, and the restructuring and boosting of existing instruments for social action in the local community. Nevertheless, the Committee notes that the Government’s report does not contain any information on the impact of projects relating to the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee once again requests the Government to supply information on the impact of projects established under the INDH relating to the elimination of child labour, particularly with regard to street children.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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. With reference to its previous comments, the Committee notes that, although section 3 of the “Dahir” issuing Act No. 1.73.282 of 21 May 1974 concerning the suppression of drug addiction and the protection of drug addicts prohibits anyone 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 notes with regret that the Government’s report does not supply any additional information in this respect. The Committee therefore 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 the national legislation.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments the Committee noted that, in the context of the ILO–IPEC project “Combating child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas”, a number of training sessions were organized to strengthen the capacity of the various players involved in combating child labour, including 330 labour inspectors and 43 monitoring agents recently designated as focal points. One of the tasks of the focal points is to monitor establishments employing children, to coordinate their actions with those of all the players involved in combating child labour, to collect information on child labour and to draft periodic reports and send them to the central service.

The Committee notes the information to the effect that an evaluation of the activities of the focal points indicates that 874 observations were recorded and 451 violations established during 2009. The Committee requests the Government to continue to supply information on the nature and extent of the violations reported that involve children engaged in the worst forms of child labour, including extracts from reports on the work of the focal points responsible for combating child labour.

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, according to the February 2007 report by the United Nations Special Rapporteur on the Right to Education (A/HRC/4/29/Add.2, paragraphs 8 and 9), the implementation of public policies and strategies, particularly regarding the spread and quality of education, represents one of the major obstacles to effective and full realization of the right to education in the country. It noted that, in order to tackle such an urgent problem, Morocco has set up a number of bodies, including the Directorate of Non-Formal Education (ENF), which operates according to two methods and programmes: the “Second Chance” school programme and the programme to combat school drop-out. However, the Committee noted that, despite a conspicuous effort to extend school education, including the implementation of the Emergency Education Plan 2009–12, more than one million children between 8 and 15 years of age either do not attend school or have dropped out before completing compulsory schooling. In addition, according to the 2008 UNESCO report entitled “Education for All by 2015: Will we make it?”, although the school attendance rate in Morocco has increased significantly (20 per cent), the repetition rate in the first year of primary school is among the highest in the region, reaching 16 per cent. The UNESCO report also indicates that the gross enrolment rate in lower secondary school (children between 12 and 15 years of age in Morocco) is 65 per cent, and the gross enrolment rate for upper secondary school (adolescents between 15 and 18 years of age in Morocco) is only 35 per cent.

The Committee notes with interest the Government’s information to the effect that, as part of the project to support the schooling of children from disadvantaged backgrounds, 280,000 families have received financial support. Moreover, a new TISSIR programme was established in 2009, which aims to reduce the school drop-out rate and encourage disadvantaged families, particularly in rural areas, to send their children to school. Under this programme, the families of 87,000 children have received a monthly financial allowance to enable them to keep their children in school. According to the Government, this experiment has had a positive effect on the school attendance rate, with a 25.8 per cent increase in the enrolment rate for pupils in the first year of primary school, a 58.2 per cent decrease in the school absence rate and a 71.4 per cent reduction in the school drop-out rate. In the light of these results, the Government has decided to continue and extend the programme in order to increase the number of pupils benefiting from it to 277,000 in 2010. The Committee also notes that, according to the document 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, nearly 6,600 children were reintegrated in formal education and vocational training during 2009. The Committee encourages the Government to continue its efforts to improve the functioning of the education system by increasing the rate of school attendance, particularly in lower secondary school, and by reducing the school drop-out rate in order to prevent the engagement of children in the worst forms of child labour, paying particular attention to girls and to children living in rural areas. It requests the Government to continue to supply up-to-date statistics on the school attendance and school drop-out rates in the primary sector and also on the numbers of children benefiting from the TISSIR programme.

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 great majority of whom do not attend school. It noted that child protection units have been set up as part of the national strategy for the reintegration and protection of street children. It also noted that the Ministry of Social Development, Family Affairs and Solidarity (MDFS) has developed, as part of the implementation of the National Plan of Action for Children (2006–15) (PANE), a national programme for the reintegration of street children (INDIMAJ), consisting of three parts: a legal section, an awareness-raising and advocacy section and an institutional capacity-building section. It also noted that the MDFS was planning to conduct a survey on the situation of street children during 2010.

The Committee notes the Government’s statement that three child protection units were established in 2007 and these are operating in Marrakesh, Casablanca and Tangier. It notes that, by the end of 2009, the child protection unit services had been used by 196 children (82 girls and 144 boys) in Marrakesh and by 287 children (141 girls and 146 boys) in Casablanca. Furthermore, according to the Government, a new child protection unit was due to be set up in Meknès in June 2010. The Committee also notes that the MDFS has launched an evaluation process for the child protection units, the final objective of which is to create a development plan for the protection units in terms of strategy, targeting, human resources and intersectoral coordination in order to create a network of coverage at local level. The Committee further notes that, according to information available on the MDFS website (www.social.gouv.ma), there are plans to establish 16 child protection units and 16 “Samu sociaux” (social assistance units) by 2012. Given that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to strengthen its efforts with respect to the identification, withdrawal and reintegration of street children. It requests the Government to supply information on the measures taken and results achieved in the context of the INDIMAJ programme and to continue to supply information on the results achieved by the work of the child protection units in terms of the number of children who have benefited from these measures. In this respect, the Committee requests the Government to send a copy of the conclusions of the evaluation process for the child protection units conducted by the MDFS. It also requests it to send a copy of the results of the survey on the situation of street children conducted in 2010.

Article 8. Poverty reduction. With reference to its previous comments, the Committee notes the Government’s indication that a National Human Development Initiative (INDH) was launched in May 2005. The initiative encompasses three major programmes, aimed at the reduction of rural poverty, social exclusion in urban areas and precarious living conditions. The planned actions are concerned with: (i) support for access to basic infrastructure, neighbourhood services and social facilities; (ii) boosting the local economic fabric through income-generating activities; (iii) support for social, cultural and sports activities and events; and (iv) the strengthening of governance and local capacities. Since the launch of the programme, 16,000 projects have been implemented for more than 4 million recipients. The Committee notes that, according to the document 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 INDH targets disadvantaged persons, including street children exposed to work at an early age. Nevertheless, the Committee notes that the Government’s report does not contain any information on the impact of projects relating to the elimination of the worst forms of child labour. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee once again requests the Government to supply information on the impact of projects established under the INDH relating to the elimination of child labour, particularly as regards street children.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report. It also notes the detailed discussion which took place in the Committee on the Application of Standards during the 99th Session (June 2010) of the International Labour Conference.

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 validation. 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.

The Committee notes the information contained in the Government’s report to the effect that the Bill regulating the conditions of employment and work of domestic workers is in the process of being adopted. It also notes that this Bill has recently been reinforced by the inclusion of more stringent penalties including imprisonment for persons employing children under 15 years of age. The Committee further notes that a specific list determining hazardous types of work prohibited in the domestic work sector will be drawn up and adopted pursuant to the future law on the conditions of employment and work of domestic workers. This list will coexist with the new list determining hazardous types of work prohibited for young persons under 18 years of age revising the Labour Code promulgated by the Royal Decree of 24 December 2004.

The Committee also notes the Government’s indication in its report 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. In addition, a second survey was due to be carried out in Greater Casablanca during the second half of 2010, with results and data to be extrapolated at national level. The Committee notes the results of the statistical survey undertaken in 2001 and observes that nearly 23,000 girls under 18 years of age are working in Greater Casablanca as domestic workers, 59.2 per cent of whom are under 15 years of age. The vast majority of these girls (82.2 per cent) are unable to read or write and only 17.8 per cent of them have received school education. The survey also reveals that more than half of the girls engaged in domestic work (55 per cent) are subject to punishment in the course of their work and 10 per cent report being victims of physical assault. As regards the issue of sexual abuse, the report indicates that there is considerable reticence regarding this issue on the part of the girls and that 4.2 percent of the 529 girls interviewed admitted having been subjected to sexual abuse from their employers. In addition, more than half the girls interviewed (55.4 per cent) said that they suffered from some kind of physical ailment. While noting the measures taken by the Government, the Committee expresses its deep concern at the exploitation of young persons under 18 years of age employed in domestic work under conditions similar to slavery or under hazardous conditions. It once again reminds the Government that under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee once again urges the Government to take the necessary steps to ensure that the Bill on domestic work is adopted as a matter of urgency. The Committee expresses the strong hope that the list determining the hazardous types of work which are prohibited in the domestic sector will take account of the domestic work of children under 18 years of age performed under conditions similar to slavery or under hazardous conditions. With reference to the conclusions of the Committee on the Applications of Standards, it requests the Government to intensify its efforts and take immediate and effective steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to send a copy of the 2010 survey on the situation of young girls engaged in domestic work in Casablanca.

Article 4(3). Periodic examination and revision of the list of hazardous types of work. The Committee notes with interest the Government’s communication sent to the Office in April 2010, relating to the imminent adoption of the decree applying the Labour Code promulgated by the Royal Decree of
24 December 2004 determining the list of hazardous types of work prohibited for children under 18 years of age. The draft decree was validated during a tripartite seminar in April 2010. Moreover, according to information communicated by the Government representative at the Committee on the Application of Standards in June 2010 and also contained in the Government’s report, the new list increases the number of hazardous types of work from ten to 30. The Committee requests the Government to send a copy of the draft decree determining the list of hazardous types of work prohibited for children under 18 years of age once it is adopted.

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. It noted that, as part of the National Plan of Action for Children (PANE) for 2006–16, 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. It also noted that child protection units 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.

The Committee notes the indications in the Government’s report 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. It notes that a freephone number has been made available by the National Observatory for Children’s Rights for use by children who have been subjected to violence. However, the Committee notes with regret that the formulation of the national strategy to prevent and combat the sexual exploitation of children is still at the consultation stage. It also observes that the Government’s report does not supply any information on the results of the preliminary study conducted in February 2007 on the problem of the sexual exploitation of children.

The Committee notes that, according to a study on the sexual exploitation of children, with particular reference to Marrakesh, conducted by UNICEF in 2003 and whose results are based on a sample of 100 children in prostitution (62 boys and 38 girls), most children begin to engage in prostitution after breaking off their school education. In addition, only three out of the 100 children interviewed were attending school and 16 of them had never done so. As regards the latter, most of them are girls who were placed in families at a very young age to work as domestic servants. The results of the survey also reveal that 71 per cent of the children claim to have both foreign and Moroccan clients. Furthermore, many of these minors appear to work on an independent basis, even though the use of pimps appears to be more widespread among girls. According to the testimonies of children in prostitution, the police often accept bribes from the children themselves. However, if the children are arrested, they may be placed in charitable institutions. Nevertheless, given that conditions tend to be poor in such establishments, the children often run away. Expressing its deep concern at the lack of specific measures to prevent children under 18 years of age from becoming the victims of prostitution, to remove them from this worst form of child labour and to ensure their rehabilitation and social integration, the Committee urges the Government to take immediate and effective steps to ensure that the national strategy to prevent and combat the sexual exploitation of children is implemented as soon as possible. It requests the Government to supply information on progress made in this respect, in terms of the number of children prevented from engaging in prostitution or withdrawn from it as part of the national strategy. It also requests the Government to send 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 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 also noted that, as part of the Multisectoral 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
Marrakesh–Tensift–El Haouz region for the period from 1 January 2009 to 31 December 2010.

While noting the measures taken by the Government to combat child domestic labour, the Committee notes the lack of information on the results actually achieved in the context of the INQAD programme and ILO–IPEC programme in terms of the numbers of children under 18 years of age prevented from engaging in or removed from the worst forms of child labour in the domestic sector. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to step up 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 also requests the Government to supply information on the results achieved in this respect, particularly in the context of the INQAD programme.

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

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

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 that according to the Government, the national legislation prohibits any person, regardless of age, from being used in illicit activities. The Committee takes note of the Royal Decree issuing Act No. 1.73.282 of 21 May 1974, sent by the Government. It observes, however, that although the decree prohibits anyone from facilitating access to drugs by persons of 21 years of age and less, it does not appear to 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 therefore asks the Government to take immediate steps to ensure that the national legislation prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments the Committee noted that according to the ILO–IPEC activity reports for 2007 on the project to combat child labour in Morocco by creating a suitable environment nationwide and providing for direct intervention against the worst forms of child labour in rural areas, there were only 30 labour inspectors for all the rural areas in the country. It observed that the labour inspection system needed to be strengthened in order to be operational in the area of child labour.

The Committee notes from the final technical progress report of 30 September 2008 on the ILO–IPEC project, several training sessions were organized for the purpose of capacity building for a variety of players involved in combating child labour. Among the trainees were 330 labour inspectors who included recently appointed focal points in the provinces, and in the Gharb region four training sessions of five days each were organized for partner NGOs. The Committee notes the Government’s statement that the focal points are made up of 43 inspectors whose duties include visiting establishments that employ children, coordinating their activities with those of all other players involved in combating child labour, gathering data on child labour and drafting periodical reports for submission to the central inspection service. According to the first report on the work of the focal points, in 2008, 870 infringements were reported in 287 workplaces visited that employ children. The Government states that in the course of their inspections, the focal points issued warnings to the employers in these establishments to comply strictly with the provisions of the labour legislation aimed at combating child labour. The Committee strongly encourages the Government to continue reinforcing the mechanisms to monitor the application of the provisions that give effect to the Convention. To this end it requests the Government to provide information on the number and nature of the violations reported that concern children engaged in the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the employment of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted that according to a report by the United Nations Special Rapporteur on the Right to Education of February 2007 (A/HRC/4/29/Add.2, paragraphs 8 and 9), despite the increase in primary school enrolment, further efforts are still needed to guarantee the enrolment of the remaining 7 to 8 per cent of children outside the education system (around 1.5 million). The Committee further noted that, despite a wide range of positive steps taken by the Government to fulfil the right to education, the Special Rapporteur considered the implementation of public policies and strategies, particularly regarding the spread and quality of education to be one of the major challenges to effective and full realization of the right to education in the country.

The Committee notes the Government’s statement that, in order to cope with so urgent a problem, Morocco has a number of bodies in operation including the Directorate of Non-Formal Education (ENF), bases its activities on two methods and action programmes. First, a Second Chance School programme offers a variety of methods so as to accommodate the objectives set for the various categories of beneficiaries: enrolment of out-of-school children; curriculum for children in rural areas; preparation for vocational training for children of
12–15 years of age in a learning situation; curriculum for the social integration of children of 9–15 years of age in a work situation. Secondly, a programme to combat school drop-out, launched in 2005–06, is aimed at children who experience difficulty at school and are likely to drop out. The Committee notes that since the start up of the ENF programmes, 321,751 children (179,108 in 2007–08) have benefited from the Second Chance School programme, and 433,689 children (146,489 in 2007–08) have benefited from the programme to combat school drop-out. The Committee further notes that, according to the final technical progress report of 30 September 2008 on the project to combat child labour in Morocco by creating a suitable national environment and providing for direct intervention against the worst forms of child labour in rural areas, the activities carried out under this project have made it possible to prevent 7,868 children from being employed in the worst forms of child labour and to remove 3,994 children from these worst forms of child labour.

The Committee nonetheless notes the detailed information supplied by the Government in the report of the Directorate of Non-Formal Education according to which, despite a noteworthy effort to extend education, including the implementation of the 2009–12 Emergency Education Plan, more than one million children aged between 8 and 15 years either do not attend school or have dropped out before completing compulsory schooling. The Committee further notes from the UNESCO report of 2008 “Education for All by 2015: Will we make it?”, that although the school attendance rate in Morocco has increased significantly (20 per cent), the repetition rate in the first year of primary school is among the highest in the region, reaching 16 per cent. The UNESCO report further indicates that the gross enrolment ratio in lower secondary school (children 12–15 years of age in Morocco) is 65 per cent, and the gross enrolment ratio for upper secondary school (adolescents of 15–18 years in Morocco) is only 35 per cent. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to improve the operation of the national education system, in particular by increasing school attendance and reducing the school drop-out rate, and by paying particular attention to girls and children living in rural areas. It asks the Government to continue to provide information on the results obtained.

Clause (d). Children at special risk. Street children. The Committee noted previously that according to the 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 great majority of whom do not attend school. It noted that as part of the national strategy for the reintegration and protection of street children, child protection units (UPEs) have been set up.

The Committee notes the information sent by the Government to the effect that the Ministry of Social Development, Family and Solidarity (MDFS) has developed, in the context of implementing the National Action Plan for Children (2006–15) (PANE), a national programme for the reintegration of street children (INDIMAJ). It is a comprehensive and integrated programme, consisting of three parts: a legal section, an awareness-raising and advocacy section, and an institutional capacity-building section. According to the Government, the programme targets a total of 200 beneficiaries in the towns of Casablanca, Tangiers, Fez, Mekhnes, Tetouan, Rabat-Salé, Marrakesh, Mohammedia, Essaouira, Safi and Agadir. The Committee further notes the pilot experiment “Samu Social” in Casablanca, which aims to improve assistance for street persons and in 2008 benefited more than 100 street children. Lastly, the Government indicates that the MDFS is planning to conduct an inquiry in 2010 on the situation of street children. The Committee takes due note of this information but must once again express concern at the number of street children still remaining and again reminds the Government that street children are particularly exposed to the worst forms of child labour. The Committee accordingly encourages the Government to redouble its efforts to protect them against these worst forms of child labour and asks it to continue to provide information on the measures taken in this area, particularly under the INDIMAJ programme and in the context of the work done by the UPEs. Lastly, it asks the Government to provide information on progress made in terms of the number of children who have been kept out of or removed from the worst forms of child labour.

Article 8. Poverty reduction. The Committee noted previously that the Government, in collaboration with UNDP Morocco, civil society and a number of NGOs, launched projects to combat poverty. Noting the absence of any information on this matter in the Government’s report and observing that initiatives to reduce poverty help to break the poverty cycle and that this is essential to eliminating the worst forms of child labour, the Committee again asks the Government to provide information on any visible impact noted in the course of implementing the projects to combat poverty on the elimination of the worst forms of child labour, particularly the sexual and economic exploitation of children in domestic work.

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

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. Domestic work of children. In its previous comments, the Committee noted information from the International Trade Union Confederation (ITUC) to the effect that domestic work by children under conditions of servitude is common practice in the country, with parents selling their children, sometimes as young as six years of age, to work as domestic servants. The ITUC also stated that some 50,000 children, mainly girls, are working as domestic servants. Of these, about 13,000 girls under the age of 15 are employed as servants in Casablanca; 80 per cent of them come from rural areas and are illiterate; 70 per cent are under the age of 12; and 25 per cent under the age of 10. The Committee noted that section 10 of the Labour Code prohibits forced labour. It further noted that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age. It also observed that a bill on domestic work had been adopted and was in the process of validation. The bill sets the minimum age for admission to this type of employment at 15 years, establishes the conditions of work, and provides for supervisory measures and penalties.

The Committee notes that, according to the Government, the bill on domestic work is still in the process of adoption. The Government also states that the Dahir of 24 December 2004 establishing a list of hazardous types of work is to be updated in the course of 2010 so as to reflect the intent of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee also notes the Government’s statement that the Ministry for Social Development, Family and Solidarity (MDFS), in collaboration with ILO–IPEC organized a training course in 2008 for NGOs involved in the protection of children in the towns of Tahanaout, Fez, Safi, Casablanca, Kenitra, Khouribga, Taza and Agadir, identified as key areas, focusing on the supply and demand of domestic work by children and geared to building institutional capacity for more effective action in combating domestic work by little girls. Lastly, the Committee notes the Government’s statement that the MDFS is planning to conduct an inquiry in the course of 2010 into the situation of little girls engaged in domestic work in Casablanca.

While taking due note of the steps taken by the Government, the Committee must again point out that according to Article 3(a) and (d) of the Convention, work or employment in conditions that approximate slavery or are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee therefore urges the Government to take the necessary steps to ensure that the bill on domestic work is adopted as a matter of urgency. It expresses the hope that the Dahir of 24 December 2004 establishing a list of hazardous types of work will be updated to include domestic work by children under the age of 18 in conditions that approximate slavery or are hazardous. Furthermore, the Committee once again requests the Government to step up its efforts and take the necessary measures to ensure, as a matter of urgency, that the forced labour of children under 18 years of age in domestic work and the employment of such children in hazardous work shall be prosecuted and punished by sufficiently effective and dissuasive sanctions. Lastly, it requests the Government to provide a copy of the inquiry into the situation of little girls engaged in domestic work in Casablanca and to send information on the application of the provisions governing these worst forms of child labour, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged 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 made to the Penal Code in 2003 to introduce sex tourism as a criminal offence. It noted that, according to the Government, as part of the National Action Plan for Children (PANE) for the decade 2006–16, a preliminary study on problems relating to the sexual exploitation of children was carried out in February 2007 with a view to framing a national strategy to prevent and combat such exploitation.

The Committee notes the information sent by the Government to the effect that child protection units have 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. The Committee nonetheless observes that the Government provides no information on the results of the preliminary study on problems relating to the sexual exploitation of children, or on the preparation of the national strategy to prevent and combat the sexual exploitation of children, a concern shared by the Committee on the Elimination of All Forms of Discrimination Against Women in its concluding observations of 8 April 2008 (CEDAW/C/MAR/CO/4, paragraph 22). The Committee accordingly requests the Government to take immediate, effective and time-bound measures to ensure that the national strategy to prevent and combat the sexual exploitation of children is adopted and that it includes measures to: (a) prevent children from falling victim to prostitution, particularly in the context of sex tourism; and (b) provide the necessary and appropriate assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. The Committee again requests the Government to provide information on progress made in this regard.

Clause (d). Children at special risk. Child domestic workers. In its previous comments, the Committee noted that according to the ITUC, the physical and sexual abuse of young girls working as housemaids (petites bonnes), is among the most serious problems confronting Moroccan children. The Committee noted that a national programme to combat the use of little girls as housemaids (INQAD) had been adopted as part of the PANE.

The Committee notes the information sent by the Government to the effect that as part of its Strategic Plan 2008–12 and following implementation of the INQAD programme, the MSDF plans to organize a second nationwide awareness‑raising campaign to combat domestic work by little girls, and to prepare regional action plans. The Committee notes that to this end, as part of the Multisectoral Programme to combat gender-based violence by empowering women and girls in Morocco implemented in collaboration with the UNDP,
ILO–IPEC has started up an action programme to combat domestic work by girls in the Marrakesh–Tensift–El Haouz region for the period from 1 January 2009 to 31 December 2010. The programme is to benefit 1,000 school children to discourage them from dropping out of school; 100 school girls under 15 years of age from very poor families for whom the risk of drop-out is high are also to benefit from this awareness-raising; 30 girls under 15 years of age are to be removed from domestic work and rehabilitated and socially reintegrated; 20 girls aged between 15 and 17 are to be withdrawn from domestic work in which conditions are hazardous and which are among the worst forms of child labour; and 50 girl domestic servants aged between 15 and 17 years working in conditions that are acceptable will nonetheless have both their living and their working conditions improved. While taking due note of the measures taken by the Government to combat domestic work by children, the Committee notes that this form of labour remains a very serious scourge in Morocco. It accordingly requests the Government to redouble its efforts to protect these children, in particular against economic and sexual exploitation, and requests it to continue to provide information on progress made in this area, in terms of the number of children under 18 years of age prevented from engaging in or removed from worst forms of child labour in the domestic work sector.

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

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]

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

The Committee takes note of the Government’s report.

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

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

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

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

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

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

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

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

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Domestic work of children. In its previous comments, the Committee took note of information from the International Trade Union Confederation (ITUC) to the effect that the statutory prohibition on forced labour is not applied effectively by the Government. Domestic work by children under conditions of servitude is a common practice in the country: parents sell their children, sometimes as young as 6 years of age, to work as domestic servants, and families adopt young girls to use them as servants. The ITUC also stated that about 50,000 children, largely girls, are working as domestic servants. Of these, some 13,000 girls under the age of 15 are employed as servants in Casablanca; 80 per cent of them come from rural areas and are illiterate; 70 per cent are under the age of 12, and 25 per cent under the age of 10. The ITUC further indicated that special legislative measures are needed to prohibit domestic servitude. The Government stated in reply that a bill on conditions for hiring domestic staff had been drafted by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners were to be consulted before the text was adopted. The Committee noted that section 10 of the Labour Code prohibits forced labour. It further observed that section 467-2 of the Penal Code prohibits the forced labour of children under 15 years of age.

The Committee notes the information provided by the Government that following a tripartite seminar held at the end of July 2006, a bill on domestic work was adopted and is in the process of validation. It sets the minimum age for admission to this type of employment at 15 years, establishes working conditions and provides for supervisory measures and penalties. The Committee further notes that awareness campaigns have been run to highlight the ills of domestic work for children, particularly “les petites bonnes”. It further notes from activity reports for 2007 on the ILO/IPEC project to “Combat child labour in Morocco by creating an appropriate environment in the country and providing for direct intervention against the worst forms of child labour in rural areas”, a special budget has been established for activities regarding this type of employment.

The Committee duly notes the measures taken by the Government to regulate domestic work, i.e. household tasks carried out by a non-member of the household who is legally old enough to work. The Committee nonetheless draws the Government’s attention to the fact that the work done by a number of children in Morocco amounts rather to domestic work of children, i.e. domestic work carried out by children who have not reached the minimum age for admission to employment or by children who have passed the minimum age but are under the age of 18, who work in conditions that approximate slavery or are hazardous, or who are exploited. The Committee reminds the Government that according to Article 3 of the Convention, such forms of work are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency pursuant to Article 1. It again expresses deep concern at the situation of children who are subjected to forced labour or who work in hazardous conditions in Morocco. The Committee urges the Government to step up efforts and take the necessary measures as a matter of urgency to ensure that anyone who uses the domestic labour of children under 18 years of age in the form of forced labour, or who employs children in hazardous work is prosecuted and subjected to effective and dissuasive sanctions. In this respect it requests the Government to provide information on the effect given to the provisions relating to the worst forms of child labour referred to above, including statistics of the number and nature of violations reported, the inquiries held, the legal action taken and the sentences and penalties applied. Lastly, the Committee hopes that the bill on domestic work will be adopted shortly and requests the Government to provide a copy of it as soon as it is adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the information provided by the Government to the effect that, as part of the project being implemented by ILO/IPEC to “Combat child labour in Morocco by creating an appropriate environment in the country and intervening directly against the worst forms of child labour in rural areas”, more than 15,633 children (8,423 boys and 7,210 girls) have been prevented from being engaged in one or other of the worst forms of child labour, and 8,099 children (3,941 boys and 4,158 girls), have been removed from work with the offer of viable alternatives. The Committee requests the Government to continue to provide information on the action programmes implemented under the
ILO/IPEC project, and their impact in terms of protecting children and removing them from the worst forms of child labour in Morocco.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing children therefrom and ensuring their rehabilitation and integration into society. Child prostitution and sex tourism.  With reference to its previous comments, the Committee notes that in its concluding observations of March 2006 on Morocco’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraphs 15 and 16), the Committee on the Rights of the Child noted an amendment to the Penal Code in 2003 introducing the crime of sex tourism”. It expressed concern, however, at the persistence of child prostitution and sex tourism involving young Moroccans as well as immigrants, especially boys. It recommended that the Government intensify its efforts to tackle the problem of child prostitution, including in the context of sex tourism, by developing a specific strategy targeting the tourist industry including specific messages on child rights and on the existing sanctions against child abusers.

The Government indicates in its report that as part of the National Action Plan for Children (PANE) for the decade 2006–16, a preliminary study on the problems of the sexual exploitation of children was conducted in February 2007 with a view to drawing up a national strategy for preventing and combating the sexual exploitation of children. The Government also states that a report prepared after the study recommends certain measures, including awareness raising among young people and the public in general and the adoption of preventive measures. The Committee requests the Government to provide information on the measures taken on these recommendations and the results obtained in: (a) preventing children from falling victim to prostitution, particularly in the context of sex tourism; and (b) providing the necessary and appropriate assistance for the removal of children from this worst form of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to indicate whether it plans to take steps to raise the awareness of service providers directly linked to the tourism industry, including associations of hotel owners, tour operators, taxi companies, and owners of bars, as well as restaurants and their employees.

Clause (d). Children particularly at risk. Domestic work of children. In its previous comments, the Committee noted that according to the ITUC and the report on the mission to Morocco of the United Nations Special Rapporteur on the issue of commercial sexual exploitation of children (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse of young girls working as housemaids, or “petites bonnes”, is among the most serious problems confronting Moroccan children. The Committee takes due note of the National Programme to combat the use of little girls as housemaids (INQAD) implemented as part of the PANE. It notes that various measures are to be taken under this programme to alert the various players about the domestic work of children and to prevent it, in particular by offering alternatives to domestic work, including the reinforcement of compulsory schooling. The Committee observes that children, particularly girls, employed in domestic work often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions because the work is illegal. It urges the Government to step up efforts to protect these children, particularly from economic and sexual exploitation, and to provide information on the measures taken to this end under the INQAD programme.

Article 8. Poverty reduction. The Committee notes that in its concluding observations on Morocco’s initial report of March 2006 on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MAR/CO/1, paragraph 34), the Committee on the Rights of the Child noted that the Government, in cooperation of the UNDP Morocco, civil society and several NGOs, has initiated projects aimed at poverty reduction. The Committee points out that initiatives to reduce poverty contribute to breaking the poverty circle, which is essential to eliminating the worst forms of child labour, and requests the Government to provide information on any notable impact these poverty reduction projects have had in terms of eliminating of the worst forms of child labour.

The Committee is addressing a request on other matters directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Forced or compulsory recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes that, under the terms of section 5 of Act No. 4-99 on military service, provided by the Government, the age of compulsory conscription is set at 20 years.

Clause (b). 2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 503-2 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, punishes any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography. Subsection 2 of that section punishes any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material relating to a minor. These acts are punishable even if they are committed in other countries.

Further to its previous comments, the Committee notes with interest that the Government has provided a copy of Act No. 24-03 of 11 November 2003, amending the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted in its previous comments that the Government’s reports did not contain any information on this subject. The Committee notes that under the terms of section 330 of the Penal Code, as amended by Act No. 23-04 of 11 November 2003, any person is guilty of an offence who, exercising authority over a young person under 18 years of age, delivers such person to a vagabond or an individual living from begging. The Committee also notes the Government’s indications that the Act of 21 May 1974 repressing drug addiction and protecting drug addicts prohibits the use, possession and sale of drugs. The import and export of kif and cannabis is prohibited by the Acts of 24 April 1954 and 27 May 1954. The Committee notes that the national legislation only appears to prohibit the production and trafficking of drugs and not the use of a child for these illicit activities. The Committee recalls that by virtue of Article 3(c) of the Convention, 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, constitutes one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Clause (d). Hazardous types of work. Self-employed workers and domestic workers. In its previous comments, the Committee noted that, in accordance with section 1, the Labour Code only governs contractual employment relations. It therefore noted that, by virtue of this provision, the Labour Code does not apply to labour relationships not resulting from a contract, such as work done by children on their own account. The Committee also noted that section 4 of the Labour Code provides that conditions of employment and work of domestic workers, who are linked to the head of the household by a work relationship, are laid down by a special Act, and that Act determines the relationship between employers and wage-earners and the conditions of work in purely traditional sectors.

The Committee notes the Government’s indications that the special legislation governing the conditions of work of domestic employees is under preparation. The Government confirms that children working on their own account are not protected by the Labour Code.

The Committee therefore requests the Government to take the necessary measures to secure the protection of children exercising a non-wage economic activity against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It also requests the Government to provide a copy of the special legislation governing the conditions of work of domestic employees once it has been adopted.

Article 4. Determination of hazardous types of work. In its previous comments, the Committee noted that Decree No. 2-56-1019 of 6 September 1957 concerning hazardous work prohibited for children and women contains a list of hazardous types of work. It also noted that section 147 of the Labour Code prohibits any person from causing young persons under 18 years of age to perform perilous feats of strength, acrobatic exercises or contortions, or to assign them work which endangers their life, health or morals. Section 179 of the Labour Code prohibits the employment of young persons under 18 years of age in quarries and underground work in mines. Under section 180 of the Labour Code, young persons under 18 years of age may not be employed in work on or below the surface which is likely to stunt their growth.

The Committee notes with interest that, according to the Government’s indications, 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. Among the types of work prohibited for young persons under 18 years of age are: the maintenance, transport or repair of mechanical machinery; the operation of steam valves; work requiring the use of scaffolding or carried out at heights; and demolition work. It also notes the Government’s indications that the texts of laws issued under the Labour Code are prepared in consultation with the social partners.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. Further to its previous comments, the Committee notes the Government’s indications that a national steering committee has been established in the context of the ILO/IPEC programme. This tripartite committee oversees the implementation of programmes of action to combat child labour, giving priority to the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the establishment of the Social Development Agency under the supervision of the Ministry of Employment, Social Affairs and Health, in the context of a poverty reduction strategy. It also noted with interest that, since the launch of the ILO/IPEC programme in Morocco, significant programmes of action have been designed and implemented to raise the awareness of the population concerning hazardous types of work performed by children and to prevent child labour in the craftwork sector in the city of Fès. The Committee notes the Government’s indications that awareness-raising measures are still being carried out with the support of UNICEF. The Committee requests the Government to continue providing detailed information on the implementation of the programmes of action for the elimination of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indications that section 503-2(1) of the Penal Code, as amended by Act No. 24-03, establishes substantial penalties for the use, procuring or offering of a child for the production of pornography. The Committee notes Act No. 24-03 of 11 November 2003 amending the Penal Code. It also notes that the statistics provided by the Government relate to judgements handed down concerning violence committed against young persons under 18 years of age and the sentences imposed. The Committee requests the Government to provide information on the number of persons prosecuted and the penalties imposed for violations of the legal provisions prohibiting the use, procuring or offering of a child for the production of pornography or for illicit activities, or the use of a child to perform hazardous types of work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Armed conflict in the Western Sahara. In its previous comments, the Committee noted, according to the Government’s report to the Committee on the Rights of the Child in February 2003 (CRC/C/93/Add.3, paragraph 570), that the Government stated that it had continued to draw the attention of the world community to the untenable situation of the detainees held by the Polisario Front at camps in Tindouf. The Government also stated that over 1,000 children had been sent to Cuba for military training or enrolled in the Polisario camps. The Committee also noted that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.211, July 2003, paragraph 56), had welcomed the ratification by Morocco of the Optional Protocol to the Convention on the Rights of the Child concerning the involvement of children in armed conflict, and that it had set the minimum age for conscription at 20 years, but that it remained concerned at the situation of children living in the Western Sahara. The Committee on the Rights of the Child recommended that Morocco take all possible measures to guarantee the full protection of children affected by the armed conflict in the Western Sahara. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to indicate the measures taken to prevent children being engaged in armed conflict in the Western Sahara.

2. Access to free basic education. The Committee noted previously, under the terms of section 1 of Act No. 04-00 respecting basic education, that education is a right and an obligation for all Moroccans between the ages of 6 and 15 years and that it is free of charge. It also noted the Government’s indications that problems of retaining children at school persist and that it has responded by implementing a programme of non-formal education for young people between 8 and 16 years of age who are not in, or no longer in the school system. The Government emphasized that particular attention is devoted to girls in rural areas with a view to facilitating their integration into working life.

The Committee also noted the Concluding Observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 54), welcoming the efforts of Morocco in this respect in the context of the Five-Year Development Plan, the National Programme of Human Rights Education, launched in 1994, and the cooperation programme with UNICEF aimed at increasing the level of school enrolment of girls (1997-2001), but that it remained concerned at the high level of illiteracy, particularly among women, at the high school drop-out rate and the decreasing level of enrolment in primary education. The Committee of Experts noted that the Committee on the Rights of the Child recommended (paragraph 55) that the Government endeavour to apply additional measures, inter alia, to encourage children to stay at school.

The Committee notes the Government’s indications that the rate of school attendance in rural areas rose from 55.4 per cent to 87 per cent between 2002 and 2003, and that the education system has been reformed to improve the quality of teaching and strengthen the scientific and technical sides so as to encourage children to continue their schooling. The Government adds that Morocco has adopted a new strategy to combat illiteracy with a view to reducing the illiteracy rate to under 25 per cent by 2010. The Committee encourages the Government to continue its efforts to enable children to remain at school and requests it to continue providing information on any development in this respect.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/Q/MAR/2, page 22), it is difficult to estimate the numbers of street children, particularly because this is a recent phenomenon. It also noted that Moroccan NGOs have made considerable efforts for the integration and rehabilitation of street children and that a national strategy has been implemented with UNICEF focusing on raising awareness, strengthening legal instruments, the educational dimension and institutional aspects. The Committee further noted that, since 1995, the association BAYTI ("Street children") has developed individualized and participatory psychosocial approaches, socio-economic alternatives for reintegration, programmes for parents and the rigorous monitoring of the progress of children. In addition, it noted that, according to a study carried out by the Secretariat of State for Social Protection, the Family and Children on the subject of street children in major cities and towns, they were distributed as follows: 29 per cent were under 10 years of age, 39 per cent were between 10 and 14 years and 30 per cent between 15 and 18 years.

The Committee notes that, according to the Government’s indications, the Secretariat of State for the Family, Children and the Disabled has recently prepared a reintegration, education and protection programme for street children. This programme is based on an integrated action strategy envisaging the establishment of local centres, the strengthening of legal instruments and the mobilization of all potential partners. The Committee requests the Government to keep it informed of the impact of this strategy in terms of protecting street children against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee noted previously the Government’s indications that the labour inspectorate is the competent body for monitoring and supervising the implementation of the provisions giving effect to the Convention. The Committee however observed that, in an observation made in 2003 on the Labour Inspection Convention, 1947 (No. 81), it had noted that studies on child labour in Morocco carried out in the context of the research project launched by the ILO, with the cooperation of UNICEF and the World Bank, had shown that the difficulties of monitoring child labour were essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee notes the Government’s indications that 40 officials of the Ministry of Employment have received specific training with a view to their reassignment within the staff of the labour inspectorate. Noting the absence of information on the activities of the labour inspectorate, the Committee once again requests the Government to provide information on the number of inspections carried out each year and the results of these investigations with regard to the extent and nature of the infringements reported concerning young persons under 18 years of age engaged in the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee noted previously that, according to the Government’s indications to the Committee on the Rights of the Child (CRC/C/93/Add.3, paragraph 617), the Ministry of Employment has adopted several initiatives to strengthen its national intervention strategy, including the signature of a Memorandum of Understanding with the United States Department of Labor with a view to following the "education initiative" programme, the preparation of an inventory of the situation of child labour ("the UGW project") in collaboration with ILO/IPEC, UNICEF and the World Bank, the preparation of a statistical information and monitoring programme on child labour (SIMPOC) and the development of cooperation with UNICEF and the World Bank. The Committee notes the Government’s indications that it is cooperating with United Nations agencies to combat poverty and that a United Nations Development Assistance Framework (2002-06) has been concluded.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the application of the Convention has not raised any difficulties in practice and that the Department of Labour of the Ministry of Employment is working in close collaboration with the IPEC/Morocco programme. The Committee notes the Government’s indication that the external services of the labour inspectorate, and the central labour inspection service, are still not computerized, which makes it difficult to disaggregate the reports of labour inspectors by subject. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties, as soon as they are available. To the extent possible, all information provided should be disaggregated by sex.

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

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted the indications of the International Confederation of Free Trade Unions (ICFTU), according to which young Moroccan girls are the victims of trafficking to the Middle East and to Europe for the purpose of prostitution. It also noted that section 467-1 of the Penal Code, as amended, prohibits the sale or purchase of a young person under 18 years of age. Furthermore, it noted the Government’s indications that Act No. 24-03, amending and supplementing certain sections of the Penal Code, introduces the concept of the trafficking of children and establishes severe penalties for the sale or purchase of young persons under 18 years of age.

The Committee notes that the text of the Act has been provided, as requested, and notes with satisfaction that under section 467-1 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, "any act or transaction involving the transfer of a child [under 18 years of age], from one or more individuals to one or more other persons in exchange for compensation of any type whatsoever" is prohibited. It is also prohibited to facilitate or assist in the sale or purchase of a child under 18 years of age.

2. Forced or compulsory labour. In its previous comments, the Committee noted the indications of the ICFTU that the prohibition by law of forced labour is not enforced effectively by the Government. According to the ICFTU, domestic work under conditions of servitude is a common practice in the country. Parents sell their children, sometimes as young as 6 years of age, as domestic servants. The ICFTU also reported that families adopt young girls to use them as servants and that specific legislative measures were therefore necessary.

The Committee also noted the ICFTU’s indications that around 50,000 children work as domestic servants in Morocco. It further noted that, according to the ICFTU, around 80 per cent of these servants come from rural areas and are illiterate, 70 per cent of them are under 12 years of age and 25 per cent are under 10 years of age. In addition, it noted that, according to the ICFTU and the report on the mission on the commercial sexual exploitation of children carried out by the Special Rapporteur in the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), the physical and sexual abuse, of which young girls working as servants or petites bonnes are the victims, is one of the most serious problems confronting Moroccan children.

In reply to the above comments, the Government indicates that section 2 of the Labour Code provides that a special law shall determine the conditions for the hiring of domestic workers. It adds that a Bill has been prepared by the Department of Employment and that other ministerial departments, non-governmental organizations and the social partners will be consulted before its adoption. The Government adds that information and awareness-raising campaigns concerning the work of petites bonnes are organized by the Government, the Observatory for the Rights of the Child, UNICEF and NGOs.

The Committee notes that section 10 of the Labour Code prohibits forced labour, but that this prohibition only applies to employed persons. Furthermore, it observes that, under the terms of section 467-2 of the Penal Code, only forced labour by persons under 15 years of age is prohibited.

The Committee reminds the Government that by virtue of Article 3(a) of the Convention, forced labour by young persons under 18 years of age constitutes one of the worst forms of child labour and that under Article 1 of the Convention immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour must be taken as a matter of urgency. The Committee expresses great concern at the situation of children subjected to forced labour, including petites bonnes. The Committee therefore requests the Government to take the necessary measures to ensure that the legislation prohibits forced labour by young persons under 18 years of age, whether or not they are in wage employment. Furthermore, it urges the Government to redouble its efforts to eliminate without further ado the economic and sexual exploitation of petites bonnes and requests it to keep it informed of the measures adopted and the results achieved in this field. It also requests the Government to take the necessary measures to ensure that persons who avail themselves of the forced labour of young persons under 18 years of age are prosecuted and that effective and dissuasive penalties are imposed. It further requests the Government to provide a copy of the Act governing the conditions of employment and work of domestic workers as soon as it is adopted.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the ICFTU’s allegations of the frequent cases of forced prostitution in some regions of the country, particularly in tourist towns and towns where there are major military installations. It also noted the Government’s indications that aiding, abetting or procuring young persons under 18 years of age for the purpose of prostitution is prohibited by section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003. It requested the Government to provide a copy of this Act.

The Committee notes with satisfaction that section 498 of the Penal Code, as amended by Act No. 24-03 of 11 November 2003, prohibits the acts of aiding, abetting or protecting the prostitution of another person, receiving part of the earnings from the prostitution of another, or delivering, procuring or enticing a person into prostitution. Under the terms of section 499 of the Penal Code, the penalties are more severe where the above acts are committed in relation to a person under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted with interest that the Government has established many programmes of action since the launch of the ILO/IPEC programme in Morocco. Further to its previous comments, the Government indicates that between June 2001 and June 2005 the various measures taken have led to the removal from work of 2,500 children under 15 years of age, the prevention of 8,740 children from being engaged in work at an early age and the improvement of the living and working conditions of 4,866 children. The Committee requests the Government to continue providing information on the implementation of these programmes of action and on their impact in terms of protecting and removing child victims of sale and trafficking, forced labour and prostitution.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that the Penal Code establishes sufficiently effective and dissuasive penalties for the sale and purchase of young persons under 18 years of age (section 467-1), forced labour by children under 15 years of age (section 467-2) and the prostitution of persons under 18 years of age (sections 498, 499 and 501). The Committee notes the information provided by the Government on the judgments handed down by the various courts of appeal in the country relating to violence against young persons under 18 years of age. Noting the absence of detailed information on the types of violence concerned, the Committee requests the Government to specify the number of persons prosecuted and convicted for violations of the provisions prohibiting the sale and trafficking of children, forced labour, the use, procuring or offering of a child for prostitution, and the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. In its previous comments, the Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, May 2003, page 21) and the report on the situation relating to the sexual exploitation of children in the Middle East and North Africa (MENA) region (page 3) prepared for the Preparatory Regional Conference for the Yokohama Conference, it was very difficult to assess the extent of the sexual exploitation of children for both prostitution and pornography and that the data collected by the police and the judiciary only reflect part of the reality. The Committee also noted that there was a great deal of interest in the country in the subject and that it was the first Arab Muslim country to have complied with the request of the Special Rapporteur on the sale of children, child prostitution and child pornography to visit the country. The Committee further noted that a national plan of action to combat the sexual exploitation of children was under preparation by the Secretariat of State for the Family, Solidarity and Social Action. It requested the Government to provide information on the time-bound measures adopted to remove children from sexual exploitation and to ensure their rehabilitation and social integration.

The Committee notes with interest the Government’s indications that studies on the sexual exploitation of children were undertaken in 2004 by the Secretariat of State for the Family, Children and the Disabled, with the support of UNICEF and other partners, in Marrakech, Casablanca and Essaouira. The Government adds that 23 cases of procuring were brought to the relevant courts in 2003. The Committee also notes that training and awareness sessions have been organized for childrens’ judges, social workers and social assistants with a view to improving the implementation of the provisions of the Penal Code. Furthermore, the Government indicates that child victims of sexual exploitation can obtain assistance from health centres and institutions responsible for the rehabilitation and reintegration of child victims.

The Committee is also addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The  Committee notes the Government’s first report. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information communicated by the Government in its report, according to which Morocco has developed a national plan and sectoral action plans concerning child labour, with the support of ILO/IPEC, since 2000 and implemented them since 2001. It notes that Morocco signed a Memorandum of Understanding (MOU) with ILO/IPEC on 5 April 2000. The Committee notes that since then a number of pilot projects have been carried out, particularly: a national programme for raising awareness of hazardous work with the Association AFAK in Casablanca; a programme for the elimination of child labour in the craft sector in Fès in collaboration with UNICEF; a programme for the elimination of child labour in the province of El Haouz with the Association Afoulki; a vocational training programme for children removed from work in Tangier with the Association Darna; and the promotion of the Act on compulsory schooling with the Association INSAF. The Committee also notes the Government’s indication to the effect that important measures have been adopted at national level in order to reduce the scale of this phenomenon, such as general poverty reduction policies, the widespread provision of schooling, the promotion of vocational training and literacy campaigns. The Committee requests the Government to continue to provide information on the measures taken and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Article 15 of the Constitution imposes an obligation on all citizens to contribute towards the defence of the homeland. It also notes that, according to the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 56), the minimum age for compulsory recruitment has been set at 20 years. It requests the Government to provide a copy of the legislative provision.

Clause (b). 2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s indication to the effect that section 503-2 of the Penal Code amended by Act No. 24-03 punishes any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography by any representation through whatever means of a child engaging in explicit sexual activity, whether real or simulated, or any representation of a child’s genital organs for sexual purposes. Subsection 2 of that section punishes any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material relating to a minor. These acts are punishable even if committed in different countries. The Committee requests the Government to send a copy of this text.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s reports do not contain any information on this subject. The Committee reminds the Government that it is required under Article 1 to take immediate measures to prohibit the worst forms of child labour. It accordingly requests the Government to introduce the appropriate measures as soon as possible. The Committee requests the Government to indicate the existing legislative provisions which prohibit the use, procuring or offering of a child for illicit activities. If no legislative provisions exist to this end, the Committee requests the Government to take measures to prohibit this worst form of child labour.

Clause (d). 1. Hazardous work. The Committee notes that section 181 of the Labour Code prohibits the employment of minors under 18 years of age in work which is: potentially excessively dangerous; beyond their strength; or is likely to harm their morals.

2. Self-employed workers and domestic workers. The Committee observes that section 1 of the Labour Code only governs contractual employment relationships. The Committee notes that, by virtue of this provision, the Labour Code does not apply to labour relationships not resulting from a contract, such as work done by children on their own account. It therefore requests the Government to indicate the measures taken or contemplated to ensure the protection of children performing an unwaged economic activity, such as work done by children on their own account, against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also notes that section 4 of the Labour Code states that conditions of employment and work of domestic workers, who are connected to the head of the household by a labour relationship, are laid down by a special Act and that an Act determines the relationship between employers and employees and the conditions of work in purely traditional sectors. The Committee requests the Government to indicate the occupational categories of employees who are not subject to the Labour Code, and to supply it with a copy of the Act applying to domestic work and of the Act governing conditions of work in traditional sectors.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that Decree No. 2-56-1019 of 6 September 1957 concerning hazardous work prohibited for women and children lists types of hazardous work. It requests the Government to indicate whether this text is still in force. The Committee also notes that, under section 147 of the Labour Code, it is prohibited for any person to make minors under 18 years of age perform perilous feats of strength, acrobatic exercises or contortions or to assign them work which endangers their life, health or morals. Section 179 of the Labour Code prohibits the employment of minors under 18 years of age in quarries and in underground work performed at the bottom of mines. Under section 180 of the Code, minors under 18 years of age may not be employed in work on or below the surface which is likely to stunt their growth. The Committee also notes the information communicated by the Government in its report to the effect that a regulatory text is being prepared, which will determine the list of types of hazardous work.

The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation states that, in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

The Committee hopes that the list of types of hazardous work will be adopted promptly and requests the Government to send a copy once it is adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4 of the Convention. The Committee hopes that the Government, in determining the types of hazardous work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190.

Article 4, paragraphs 2 and 3. Identifying where types of hazardous work exist and periodic revision of the list of types of hazardous work. The Committee notes with interest that the Government indicates that, in the context of expanding the areas of intervention of the IPEC/Morocco programme, it is planned to organize a process for identifying where the types of work determined by the regulatory texts exist, focusing on two aspects: contributing to a national environment which promotes the fight against the worst forms of child labour and taking direct action in rural areas with a view to eliminating those forms. The Committee notes that, according to the Government’s report, the results of the process for identifying where types of hazardous work exist will be communicated and that, as part of that process, it is planned to revise the adopted list. It therefore requests the Government to communicate these results as soon as it knows them, to provide information on the manner in which the list will be examined periodically, and to indicate the consultations held with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. The Committee notes that the Government indicates that the labour inspectorate is the competent body for monitoring and supervising the application of the provisions giving effect to the Convention. Monitoring by the labour inspectors takes the form of inspection visits and the labour inspectors send reports of inspection visits to the central labour inspectorate. The Committee also notes the information provided by the Government in its report to the effect that, in cases of infringements, labour inspectors draw up reports which are transmitted to the competent jurisdiction for their ruling. Labour inspectors and employers’ organizations receive training on the subject of child labour. The Committee notes with interest that training on hazardous work has been included in the new programme intended to expand the areas of intervention of the IPEC/Morocco programme. The Committee also notes that, under section 532 of the Labour Code, labour inspection officials are responsible for: (1) ensuring the application of legislative and regulatory provisions concerning labour; (2) providing technical information and advice to employers and employees on the most effective methods in conformity with legal provisions; (3) bringing to the notice of the Government authority responsible for labour the gaps or defects in certain legislative and regulatory provisions in force; (4) making attempts at conciliation relating to individual labour disputes. Under section 533 of the Labour Code, labour inspection officials are authorized to enter freely and without previous notice any workplace liable to inspection and places where employees work at home. If such places are inhabited, labour inspectors must obtain prior permission from the inhabitants. They are also authorized to undertake any controls, inquiries or investigations deemed necessary. Section 546 of the Labour Code punishes any person who obstructs labour inspection officials in the performance of their duties.

The Committee requests the Government to continue to provide information on the working of the labour inspectorate, particularly by means of extracts from reports or documents, and to indicate whether other mechanisms have been established to monitor the application of the provisions giving effect to the Convention. It also requests the Government to indicate the consultations held with employers’ and workers’ organizations, in accordance with the provisions of Article 5 of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, the setting up of the social development agency under the supervision of the Ministry of Employment, Social Affairs and Health, in the context of a poverty reduction strategy. In this context, a programme to support associations in rural areas has been implemented, and public expenditure for social sectors has been increased.

The Committee notes with interest that, since the launch of the IPEC/Morocco programme, important action programmes have been drawn up and implemented. In particular, the national awareness campaign on hazardous work performed by children, the aim of which is the production and dissemination of audio cassettes and the organization of radio campaigns, and a programme for the prevention of child labour in the craft sector in the city of Fès. Its objectives are to provide high-quality education, to raise awareness among craft workers, to improve living conditions and to provide financial support for families. The Committee requests the Government to continue to provide information on the implementation of these action programmes.

Article 6, paragraph 2. Consultations. The Committee notes that the Government indicates that all the programmes were approved by the members of the National Steering Committee of the IPEC/Morocco programme, composed of representatives of employers’ and workers’ organizations, NGOs, ministerial departments concerned with children’s issues, UNICEF and sponsors. The views of all Committee members are taken into consideration before action programmes are approved.

Article 7, paragraph 1. Penalties. The Committee notes the information provided by the Government to the effect that section 503(2)(1) of the Penal Code as amended states that any person who instigates, encourages or facilitates the exploitation of children under 18 years of age in pornography by any representation through whatever means of a child engaging in explicit sexual activity, whether real or simulated, or any other representation of the genital organs of a child for sexual purposes, shall be liable to imprisonment of one to five years and a fine of 10,000 to 1,000,000 dirhams. Clause 2 states that the same penalty is applicable to any person who produces, disseminates, publishes, imports, exports, exhibits, sells or possesses pornographic material concerning a minor. These acts are liable to punishment even if committed in different countries. The same penalties apply to any attempts to commit these acts. The Committee requests the Government to provide a copy of Act No. 24-03 amending the Penal Code published on 15 January 2004.

The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Armed conflict in the Western Sahara. The Committee notes, according to the Government’s report to the Committee on the Rights of the Child in February 2003 (CRC/C/93/Add.3, paragraph 570), that Morocco recalled that it had continued to draw the attention of the world community to the untenable situation of the detainees held by the Polisario Front at camps in Tindouf. The Government states that over 1,000 children were sent to Cuba for military training or recruited in the Polisario camps. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of July 2003 (CRC/C/15/Add.211, paragraph 56) welcomed the ratification by Morocco of the Optional Protocol to the Convention on the involvement of children in armed conflict and the setting of the minimum age for compulsory recruitment into the armed forces at 20 years, but it remained concerned at the situation of children living in Western Sahara. The Committee recommended that Morocco take all possible measures to guarantee the full protection of children affected by the armed conflict in Western Sahara. The Committee therefore requests the Government to indicate the measures taken to prevent the involvement of children in the armed conflict in Western Sahara.

2. Providing access to free basic education. The Committee notes the Government’s statement that section 1 of Act No. 04-00 concerning basic education states that education is a right and an obligation for all Moroccans between 6 and 15 years of age and that it is free of charge. It also notes that Order of the Minister for National Education and Young People No. 1036-00 of 24 April 2003 states that any person responsible for a child must enrol him or her in the first year of primary education at the age of six years (sections 1 and 2), and that the person responsible for the child must ensure his or her regular attendance at the school where he or she is enrolled. Any failure to do so shall incur a warning from the delegate of the Ministry of National Education and Young People. The Committee notes that the Government mentions in its report that problems of keeping children at school persist, and it has responded by implementing a programme of informal education for young people between 8 and 16 years of age who are not in, or no longer in, the education system whereby they receive training for three years aimed at their integration or reintegration into the education/training system. The Government emphasizes that particular attention is devoted to girls in rural areas with a view to facilitating their integration into working life. Since this programme was launched in 1997, a total of 113,545 children not in, or no longer in, the education system have received informal education. As regards working children, the total number of beneficiaries during the period 1999-2002 was 25,937, 60 per cent of which were girls.

The Committee also notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.211, paragraph 54), welcoming the efforts of Morocco in this respect in the context of the Five-Year Development Plan, the National Programme for Human Rights Education launched in 1994, and the cooperation programme with UNICEF aimed at increasing the level of school enrolment for girls (1997-2001), but remains concerned at the high level of illiteracy, particularly among women, at the high drop-out rate and the decreasing enrolment in primary education. The Committee notes that the Committee on the Rights of the Child recommended (paragraph 55) that the Government endeavour to apply additional measures, inter alia, to encourage children to stay in school. The Committee requests the Government to continue to provide information on this matter.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/MAR/2, p. 22), indicates that it is difficult to estimate the numbers of street children, particularly because this is a recent phenomenon. It indicates that Moroccan NGOs have made considerable efforts towards the reintegration and rehabilitation of street children. The Committee also notes the information provided by the Government to the effect that a national strategy has been implemented with UNICEF focusing on raising awareness, strengthening judicial instruments, the educational dimension and the institutional aspect. The Committee also notes that, since 1995, the Association BAYTI ("Street children") has developed individualized and participatory psycho-social approaches, socio-economic alternatives for reintegration, programmes for parents and rigorous monitoring of the progress of children. It also notes that the Secretariat of State for Social Protection, the Family and Children has carried out a study on street children in major cities and towns. Their numbers are distributed as follows: 29 per cent were under 10 years of age, 39 per cent between 10 and 14 years of age and 30 per cent between 15 and 18 years of age. It requests the Government to keep it informed on effective measures taken to ensure that these vulnerable street children are protected against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government indicates in its first report that the labour inspectorate is the competent body for monitoring and supervising the application of the provisions giving effect to the Convention. The Committee observes, however, that in an observation relating to the Labour Inspection Convention, 1947 (No. 81), submitted in 2003, it noted that studies carried out in the context of the research project launched by the ILO, with the cooperation of UNICEF and the World Bank, on child labour in Morocco generated statistics on the scale and the geographical, sectoral and gender distribution of child labour. These studies show that monitoring difficulties with regard to child labour are essentially due to the insufficient numbers of labour inspectors and the inadequacy of the powers assigned to them. The Committee therefore requests the Government to indicate the measures taken or contemplated for reinforcing the means at the disposal of labour inspectors.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government indicates in its report to the Committee on the Rights of the Child (CRC/C/93/Add.3, paragraph 617), that a number of measures have been taken and numerous activities have been organized in collaboration with UNICEF. It also states that the Ministry of Employment has adopted a number of initiatives to strengthen its national intervention strategy, such as the signature of a Memorandum of Understanding with the United States Department of Labor with a view to following the "education initiative" programme; the preparation of an inventory concerning the situation of child labour ("UGW project") in collaboration with ILO/IPEC, UNICEF and the World Bank; the preparation of a statistical information and monitoring programme on child labour (SIMPOC); and the development of cooperation with UNICEF and the World Bank.

The Committee notes that Morocco is a member of Interpol, an organization which aids cooperation between the countries of different regions, especially in the fight against the trafficking of children. It also notes that Morocco ratified the Convention on the Rights of the Child in June 1993 and the Optional Protocol on the sale of children, child prostitution and child pornography in October 2001. The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including by measures which promote economic and social development and support poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government in its report to the effect that the application of the Convention has not encountered any practical difficulty, and that the Department of Labour at the Ministry of Employment is working in close collaboration with the IPEC/Morocco programme.

The Committee also notes the Government’s indication that the external departments of the labour inspectorate and the central labour inspection department are not computerized and this makes it difficult to divide by subject the observations recorded by labour inspectors. The Government states that statistics on working children are not currently available. The Committee notes, however, that once these departments are computerized, data on working children will be available and will be communicated.

It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties, as soon as they are available. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes a comment sent by the ICFTU on 4 June 2003, which was transmitted to the Government. The Government replied on 9 September 2003. The Committee requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery or similar practices. 1. Sale and trafficking of children. The Committee notes that the ICFTU indicates that it is widely reported that international trafficking exists, with girls being sent to the Middle East and Europe to work as prostitutes. The Committee notes that section 467-1 of the Penal Code punishes any person who sells or purchases a child under 18 years of age. The Committee also notes that the Government indicates that Act No. 24-03 amending and supplementing certain sections of the Penal Code contains a number of innovations with regard to children. According to the Government, it introduces the concept of the trafficking of children and lays down severe penalties for the sale or purchase of children under 18 years of age. The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children not only for economic exploitation but also for sexual exploitation, particularly prostitution, is considered to be one of the worst forms of child labour. The Committee notes the adoption of this new Act and requests the Government to provide a copy of the text.

2. Forced or compulsory labour. The Committee notes the ICFTU’s statement to the effect that forced or compulsory labour is prohibited by law but that the Government does not apply this prohibition effectively. The ICFTU states that domestic work under conditions of servitude is common practice in Morocco and poverty obliges some parents to sell their children, sometimes as young as 6 years of age, as domestic servants. For 16 hours of work per day, the parents receive an average of US$7 per week. The ICFTU indicates that another practice is servitude under conditions of adoption, which is socially acceptable but not regulated by the Government. Under this practice, families adopt girls and use them as servants. In this regard, the ICFTU states that it is necessary to adopt specific regulations to prohibit domestic servitude. The Committee notes the Government’s reply to the effect that section 10 of the new Labour Code, adopted in September 2003 and promulgated on 6 May 2004, expressly prohibits forced labour and lays down severe penalties for any persons contravening the provisions of this section. The Government indicates the applicable provisions, including section 467-2 of the Penal Code, which states that any person who exploits a "child under 15 years of age" for the purpose of forced labour acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation, shall be liable to punishment. Section 467-2(2) of the Penal Code states that forced labour means any act which compels a child to perform work prohibited by law or to commit an act which is harmful to his health, safety or morals.

The Committee notes that, under section 10 of the Labour Code, forced labour is prohibited. The Committee notes, however, that this prohibition applies only to "employees". The Committee requests the Government to indicate how children who are not in paid work are protected against forced labour. Also noting that section 467-2 of the Penal Code prohibits forced labour only for children under 15 years of age, the Committee recalls that the prohibition of forced labour under Article 3(a) of the Convention applies to all "children under 18 years of age". The Committee therefore requests the Government to indicate any legislative measure taken or contemplated to prohibit forced labour for all children under 18 years of age, including forced labour for "adopted" children.

Clause (b). Use, procuring or offering of a child for prostitution. The ICFTU states that cases of forced prostitution are frequently reported in some regions of Morocco, particularly in towns or cities where there are large numbers of tourists or near to which major military installations are located. The Committee notes the information contained in the Government’s communication to the effect that section 497 of the Penal Code penalizes any person who habitually instigates, favours or facilitates the debauchery or corruption of minors of either sex under 18 years of age. It notes that section 498 of the Penal Code penalizes any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) in any way shares the proceeds of the prostitution of others or receives financial support from a person who habitually engages in prostitution; (3) lives with a person who habitually engages in prostitution; (4) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (5) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. The Committee also notes that the Government’s report refers to Act No. 24-03 of 15 January 2004, which incorporates provisions from the Optional Protocol to the Convention on the Rights of the Child on pornography and child prostitution. It requests the Government to provide a copy of this Act.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest the Government’s indication that, since the launch of the IPEC/Morocco programme, important programmes have been drawn up and implemented. These include: an integrated programme for mobilization against child labour in Khénifra, a particular objective of which is the removal of children from work; a programme for combating child labour in Salé, which aims to increase awareness of work performed at an early age, improve living conditions and remove children from work while providing financial support for their families; contributing towards the elimination of child labour by promoting the Act on compulsory schooling; a literacy and vocational training programme for young people in the city of Tangier, which aims to provide vocational training for children who are at risk of having to work; contributing towards the elimination of child labour in the province of El Haouz by a programme of schooling and support courses for children at risk of having to work, as well as the removal of children from their workplaces; and a "Red card to child labour" programme, which aims to raise awareness of child labour. The Committee notes that, according to the Government’s report, during 2002 and the first half of 2003, a total of 1,310 children were removed from work as a result of these programmes, with financial support provided for 150 families, and that public opinion has been alerted to this problem. The Committee also notes that, according to the IPEC report of June 2004, the objective is that by the end of the project at least 5,000 children will have been removed from the worst forms of child labour and rehabilitation services will be available in 40 target villages.

The Committee requests the Government to continue to provide information on the implementation of these programmes of action and on their impact on the protection and removal of children who are victims of forced labour or of the sale, trafficking or sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes that penalties have been adopted to ensure observance of the provisions giving effect to the present Convention. The Committee notes that section 467-1 of the amended Penal Code lays down the penalty of imprisonment of two to ten years and a fine of 5,000 to 2,000,000 dirhams for any person who sells or purchases a child under 18 years of age. Section 467-2 of the same Code states that any person who exploits a child under 15 years of age for the performance of forced labour, acts as an intermediary for the exploitation of a child for forced labour or instigates such exploitation shall be liable to imprisonment of one to three years and a fine of 5,000 to 20,000 dirhams. Subsection 2 of the same section indicates that forced labour means any act forcing a child to carry out work prohibited by law or to commit an act which is harmful to his health, safety or morals. The Committee also notes that section 497 of the amended Penal Code states that any person who incites, favours or facilitates the debauchery of minors under 18 years of age shall be liable to imprisonment of two to ten years and a fine of 120 to 5,000 dirhams. Section 498 imposes a sanction of imprisonment of six months to two years and a fine of 20,000 to 200,000 dirhams on any person who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (2) procures, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (3) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 499 of the Code adds that the penalties laid down in the previous section are increased to imprisonment of two to five years and a fine of 500 to 20,000 dirhams where the offence has been committed in relation to a minor under 18 years of age. The Committee also notes that section 501 of the Penal Code imposes a penalty of imprisonment of two to five years and a fine of 500 to 20,000 dirhams for any person who habitually receives one or more persons who engage in prostitution in a hotel, guest house, drinking establishment, club, society, dance hall, show venue or annexes thereof which are open to the public or used by the public and of which he is the owner, manager or superviser. The same penalties are applicable to any person who assists such an owner, manager or superviser. Section 501 states that, in all cases, the judgement pronouncing the conviction provides for the withdrawal of the convicted person’s licence and for the temporary or permanent closure of the establishment. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and provision for their rehabilitation and social integration. The Committee notes that the Government, in its second periodic report of February 2003 submitted to the Committee on the Rights of the Child, indicates that the protection of children from all forms of sexual exploitation is not confined to legal texts established for this purpose and notes that some initiatives have been taken to raise awareness of the threat that sexual exploitation poses for children, especially those who are most vulnerable, such as street children, abandoned children and domestic servants. The Committee also notes that the Government, in its written replies to the Committee on the Rights of the Child (CRC/C/Q/MOR/2, page 21) in May 2003, indicates that it very difficult to evaluate the extent of the sexual exploitation of children, for a number of reasons and in particular because it is a relatively taboo subject. The Committee notes that the Government indicates that a great deal of attention is now being given to the issue and that Morocco is the first Arab Muslim country to have complied with the request of the Special Rapporteur on the sale of children, child prostitution and child pornography to visit Morocco. The Committee also notes that Morocco, under the auspices of the Secretariat of State for Family Issues, Solidarity and Social Action, has started the process for drawing up a national plan of action for combating the sexual exploitation of children, focusing on prevention, protection, rehabilitation and reintegration, as well as strengthening the judicial machinery and reinforcing the institutional framework.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.211, paragraph 62), welcomes the hosting by the State party of the Arab-African Forum against Commercial Sexual Exploitation of Children in preparation for the Yokohama Congress but remains concerned at the high incidence of sexual exploitation in the State party. The Committee notes that, in the context of the preparation of the second World Congress against Commercial Sexual Exploitation of Children, which was held in Yokohama in December 2001, a regional Arab-African Forum in preparation for the Congress was held in Morocco in October 2001. The Forum brought together the representatives of 65 countries, including Morocco. The Committee notes that the report on the situation of sexual exploitation of children in the Middle East and North Africa (MENA) region indicates (page 3) that it very difficult to evaluate the extent of sexual exploitation of children in the countries concerned, for a number of reasons, and that the data collected by the police and judiciary only reflect part of the reality. In Morocco in 1999, a total of 102 cases of sexual abuse were recorded, and there were 69 cases in 2000 and 210 cases in the first three months of 2001, with about two-thirds involving girls. The Committee also notes that, according to the same report (page 5), no data exist on child pornography, sex tourism and the use of new technologies (Internet), and that these forms of sexual exploitation are considered to be non-existent in the region. The report states that the explosive growth of the sex industry, the use of new information technologies and their impact on the massive worldwide commercialization of children as sexual objects, do not appear to be a source of concern for the countries of the region. The Committee also notes that a toll-free telephone line has been set up, to which children who are victims of abuse have access (report, page 7). It also notes that, according to the same report (page 8), the Association ENAKHIL provides aid to children who are victims of sexual violence or engage in prostitution. The Forum concluded with the adoption of the Rabat Declaration, under which the participating countries undertook to draw up and implement plans of action to prevent and eradicate the sexual exploitation of children. The Committee requests the Government to provide information on the effective and time-bound measures taken to provide the appropriate direct aid necessary for removing children from sexual exploitation and ensuring their rehabilitation and social reintegration into society.

Clause (e). Taking account of the special situation of girls. Domestic servants. The Committee notes that the ICFTU indicates in its observations that the employment of children, especially girls, as domestic servants (petites bonnes) is common practice. It indicates that the number of children working as domestic servants is estimated at 50,000. About 13,000 girls under 15 years of age are employed as servants in Casablanca. The ICFTU states that 80 per cent of these servants come from rural areas and are illiterate, that 70 per cent of them are under 12 years of age, and 25 per cent are under 10 years of age. Children working as domestic servants are often victims of physical and psychological abuse.

The Committee also notes that, according to the report on the mission of the Special Rapporteur on the issue of commercial sexual exploitation of children to the Kingdom of Morocco in March 2000 (E/CN.4/2001/78/Add.1, paragraph 10), several government ministries, United Nations agencies and most NGOs, with which the Special Rapporteur had contact, confirmed that the situation of widespread abuse of young girls working as servants (petites bonnes) is among the most serious problems confronting Moroccan children. In most cases, the girls are sent by their families from rural areas to work as domestic servants in the big cities, especially Casablanca, Marrakech, Rabat, Meknès, Tangier, Agadir and Fès. The Committee notes that once the girls arrive in their employer’s home, they are extremely vulnerable to exploitation. The Committee notes that the results of a government inquiry, presented at a day of study and reflection held by the Moroccan League for the Protection of Children, in collaboration with UNICEF, in 1996, showed that 72 per cent of girls began their working day by 7 a.m. and 65 per cent did not finish until after 11 p.m. The Special Rapporteur is particularly concerned at the vulnerability of these girls to physical and sexual abuse. The Ministries of Human Rights and Foreign Affairs and the Parliamentary Commission on Social Affairs confirmed that there were many cases of rape and ill-treatment (paragraphs 18 and 19). The Committee notes that the Committee on the Rights of the Child noted in its concluding observations in July 2003 (CRC/C/15/Add.211, paragraph 60) the efforts of Morocco to combat child labour but expressed deep concern at the situation of domestic servants (petites bonnes), mostly girls, who are subjected to harsh working conditions and abuse. The Committee on the Rights of the Child recommended that Morocco take all necessary measures to prevent and end the practice of children working as domestic servants through a comprehensive strategy, notably by conducting debates and awareness campaigns, providing guidance and support to the most vulnerable families, and addressing the root causes of the phenomenon.

The Committee requests the Government to provide information on the effective and time-bound measures taken or contemplated in order to protect young female domestic servants under 18 years of age from the worst forms of child labour.