Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre la edad mínima, 1973 (núm. 138) - Marruecos (Ratificación : 2000)

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

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

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

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

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

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

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

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

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