Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C182

Observation

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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. 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.