Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Morocco became a member of ILO-IPEC in2000[2949]and launched its first program with ILO-IPEC in July 2001.[2950] In January 2003, the Government of Morocco signed a Letter of Agreement withthe Government of the United States to collaborate on reducing child labor andproviding education alternatives for children vulnerable to child labor.[2951] As a result, USDOL is supporting a USD 3 million project executed by Management Systems International that aims to eliminate the practice of selling and hiring child domestic workers and to create educational opportunities for child laborers and those vulnerable to child labor.[2952] In addition, USDOL provided USD 2 million to fund an ILO-IPEC child laborproject in Morocco, which aims to strengthen national efforts against the worstforms of child labor in Morocco and to remove and prevent children from work inrural areas of the country.[2953] In March 2003, the Ministry of Employment, Social Affairs, and Solidaritycollaborated with the ILO and Morocco’s foremost public service associationAFAK (or “Horizon”), to place a public service announcement in Morocco’sleading newspapers urging Moroccans to unite in fighting child labor.[2954]
In October 1999, the Government of Morocco establishednational and sectoral action plans to combat child labor, especially its worstforms.[2955] The focus of the national plan includes improving implementation and raisingawareness of child labor laws, and improving basic education.[2956] Sectoral plans target children in agriculture and herding, the industrialsector (carpets and stitching), metal and auto work, construction, thehospitality industry, and food production, as well as children working ininformal sector.[2957] Between February 1998 and April 2001, the government held awareness raisingcampaigns for the general public conducted by labor, safety, and healthinspectors,[2958]and in April 2001, inspectors began holding child labor awareness raising andtraining sessions for employers.[2959] In 2000, the government began a pilot program focusing on girls who work asdomestic servants to provide them with education, health care, and recreation.[2960] In 2003 the government took a number of measures to address child labor bystrengthening legal protections for children [see Child Labor Laws andEnforcement below] and by signing accords with artisans to define conditions ofwork for young persons.[2961]
The government has taken steps to improve the quality ofprimary education by reforming the curriculum, training and hiring moreteachers, and assigning teachers to their hometowns to reduce absenteeism.[2962] The Ministry of National Education and Youth (MNEY) also runs programs forout-of-school children under its Non-Formal Education Program.[2963] In June 2003, MNEY announced that the government was increasing the number ofschools and classrooms.[2964] In September 2003, the government initiated coursework in the Berber languagewithin 317 primary schools serving primarily a Berber population, with plans toexpand the program throughout the country by 2008 should it result in reduceddrop-out rates among such children.[2965] The Government of Morocco continues to work with international organizationsand local partners to increase school attendance. MNEY is implementing a WorldBank-funded program to strengthen institutional capacity, improve teachingquality and build or rehabilitate rural schools.[2966] MNEY contracts with over 40 local NGOs to provide non-formal education.[2967] In cooperation with the Ministry of Health and with the support of UNICEF, MNEYis also pursuing a strategy to ensure basic education and healthcare for childworkers.[2968]
Incidence and Nature of Child Labor
According to the 2000 National Survey ofActivity, Employment and Unemployment, approximately 3.4 percent of children inMorocco under the age of 15 were engaged in child labor.[2969] More than 85 percent ofthese children were in rural areas where 6.6 percent of boys under the age of15 and 5.1 percent of girls are engaged in work.[2970] The majority of child labor is found in the agricultural sector.[2971] Boys and girls work as shepherds and are paid with cash or in kind.[2972] Children are also known to work as carpet weavers, metalworkers, mosaic-makers,mechanics, porters, tour guides, and street vendors.[2973] A 2001 study on street children found that they engage in diverse forms of workincluding selling cigarettes, begging, shining shoes, and other miscellaneousoccupations.[2974] Additionally, children work as laborers in small family-run workshops thatproduce ceramics, jewelry, woodwork, and leather goods.[2975] Many children work as apprentices before they reach 12 years of age,particularly in the informal handicraft industry.[2976] In urban areas, girls can be found working as domestic servants, often insituations of unregulated “adoptive servitude.”[2977] In these situations, girls from rural areas are trafficked, “sold” by their parents,and “adopted” by wealthy urban families to work in their homes.[2978] Girls and boys working as domestic servants and street vendors are increasinglytargets of child sex tourism, particularly in the cities of Marrakech andCasablanca.[2979]
Education is free and compulsory for children ages 7 to 15years as a result of a truancy-school attendance act adopted in January 2000.[2980] In 2000, the gross primary enrollment rate was 94.4 percent, and the netprimary enrollment rate was 78.0 percent.[2981] Attendance rates are not available for Morocco. While enrollment ratesindicate a level of commitment to education, they do not always reflectchildren’s participation in school.[2982] Morocco has high dropout rates, particularly for rural girls who often do notcomplete primary school.[2983] The government does not enforce the compulsory education law consistently[2984]and, in 1999, an estimated 80 percent of working children were not in school.[2985]
Child Labor Laws and Enforcement
Morocco has recently updated legislation relating to childlabor. A new labor code was published in the Official Bulletin on December 8,2003 and will take effect on June 7, 2004.[2986] The new Labor Code raises the minimum age for employment from 12 to 15 years.[2987] The minimum age restriction applies to the industrial, commercial, andagricultural sectors and also extends to children working in apprenticeshipsand family enterprises.[2988] However, the new amendments do not apply to the informal sector or domesticservice, where working children are particularly prevalent.[2989] According to the Labor Code, children under the age of 16 are prohibited fromworking more than 10 hours per day, including at least a 1-hour break.[2990] Children under the age of 18 are not permitted to work in hazardous occupationsor at night between the hours of 9:00 p.m. and 6:00 a.m. in non-agriculturalwork.[2991] The law also sets limits on the weights that children may push, bear, or pullas part of their work, according to their age and gender.[2992]
The Labor Code prohibits forced or compulsory labor,including by children;[2993]however, there are reports that such practices occur.[2994] A law was enacted in 1993 for the protection of abandoned children in Morocco. According to this law, persons younger than 18 and unable to support themselveseconomically are identified as abandoned if their parents are unknown, unableto be located, or incompetent of assuming a parental role.[2995] There has been some concern that girls are being fostered at higher rates thanboys, and that some girls are being adopted into circumstances equivalent toforced domestic servitude.[2996]
The prostitution of children, corruption of minors, andinvolvement of children in pornography are prohibited under the Criminal Code.[2997] Soliciting for the purposes of prostitution, as well as aiding, protecting, orprofiting from the prostitution of others, are also banned by the CriminalCode.[2998] In December 2003 Parliament changed the Code to make child sexual abuse a crimeand to increase penalties against those who hire children under age 18 forpurposes of sexual exploitation. Under Criminal Code Article 497 (revised),anyone who incites a minor under age 18 to commit a vice or who contributes tothe corruption of a minor is subject to a prison sentence of 2 to 10 years, anda fine of up to 200,000 dirhams (USD 21,739).[2999]
In 2003, the Moroccan Council of Ministers announced that ithad adopted a law that will increase punishments against traffickers.[3000] There are several statutes under which traffickers can be prosecuted, includinglaws on kidnapping, forced prostitution, and coercion.[3001] Law enforcement agencies actively investigate, prosecute, and convicttraffickers.[3002]
The Ministry of Employment, Social Affairs, and Solidarityis responsible for implementing and enforcing child labor laws and regulations.[3003] The Labor Code provides for legal sanctions against employers who recruitchildren under the age of 15.[3004] Legal remedies to enforce child labor laws include criminal penalties, civilfines, and withdrawal or suspension of one or more civil, national, or familyrights, including denial of residence for a period of 5 to 10 years.[3005]However, with only a small number of labor inspectors, limited investigativepowers, limited awareness of the issue, and a lack of resources, the Ministry’sapplication of these remedies is severely constrained.[3006] In addition, inspectors have no jurisdiction to monitor the working conditionsof children working in the informal sector or in cottage industries.[3007] The work of child maids is particularly difficult to monitor because it fallsoutside the jurisdiction of the Ministry of Employment. Courts can take actiononce two witnesses file a complaint, but few employers of child maids have beenprosecuted.[3008] In the few cases where legal sanctions for child labor violations are applied,they are generally insufficient to act as effective deterrents.[3009]
The Government of Morocco ratified ILO Convention 138 onJanuary 6, 2000 and ILO Convention 182 on January 26, 2001.[3010]
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