2021 Findings on the Worst Forms of Child Labor: Western Sahara

Moderate Advancement

In 2021, Morocco made moderate advancement in efforts to eliminate the worst forms of child labor. The Kingdom of Morocco claims the territory of Western Sahara and administers the area that it controls with the same constitution, laws, and structures as in internationally recognized Morocco, including laws that deal with child labor. During the reporting period, the government increased the number of labor inspectors by over 43 percent and launched a new labor inspectorate information technology management system that enabled remote training sessions for inspectors in compliance with COVID-19 pandemic countermeasures. In addition, the government signed eight partnership agreements with local non-governmental organizations in various regions of Morocco to counter the prevalence of child labor. However, children in Western Sahara are subjected to the worst forms of child labor, including in forced domestic work. The law on minimum age for work does not meet international standards. Furthermore, the scope of government social programs that target child labor is insufficient to fully address the extent of the problem.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Western Sahara are subjected to the worst forms of child labor, including in forced domestic work and in commercial sexual exploitation. Commercial sexual exploitation of migrant girls occurs and is reportedly more prevalent in fishing villages and on fishing boats. (1,2) Children, particularly in rural areas, are vulnerable to child labor due to educational barriers similar to those faced in other locations in Morocco, such as insufficient facilities, lack of reliable and safe transportation, and unqualified teachers. (1-3) Data on key indicators on children's work and education are not available from the sources used in this report. 

II. Legal Framework for Child Labor

Western Sahara is subject to the same laws as internationally recognized Morocco. (2) A U.S. Presidential Proclamation released in December 2020 recognized Moroccan sovereignty over the entire Western Sahara territory. (3) Morocco has ratified all key international conventions concerning child labor, which the Government extends to the areas in Western Sahara that it controls (Table 1).

Table 1. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The Government of Morocco has established laws and regulations related to child labor that extend to Western Sahara (Table 2). However, gaps exist in Morocco’s legal framework to adequately protect children from the worst forms of child labor, including the prohibition of forced labor.

Table 2. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

No

15

Articles 4 and 143 of the Labor Code (4)

Minimum Age for Hazardous Work

Yes

18

Articles 147 and 181 of the Labor Code (4)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Hazardous Child Labor List, Decree No. 2-10-183; Article 181 of the Labor Code (4,5)

Prohibition of Forced Labor

Yes

 

Article 10 and 12 of the Labor Code; Article 467-2 of the Penal Code (4,6)

Prohibition of Child Trafficking

Yes

 

Articles 448.1,448.4, and 448.5 of the Law on Trafficking in Human Beings (7)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 497, 498, 499, and 503-2 of the Penal Code; Articles 448.1 and 448.4 of the Law on Trafficking in Human Beings (6,7)

Prohibition of Using Children in Illicit Activities

Yes

 

Law number 1-73-282; Article 467-2 of the Penal Code; Articles 448.1 and 448.4 of the Law on Trafficking in Human Beings (6-8)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Article 4 of Royal Decree of 9 June 1966 (9)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Article 4 of Law No. 44-18 (10)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Articles 448.1 and 448.4 of the Law on Trafficking in Human Beings (7)

Compulsory Education Age

Yes

15

Article 1 of Law No. 04-00 (11)

Free Public Education

Yes

 

Article 1 of Law No. 04-00 (11)

The labor law does not apply to children who work in the traditional artisan or handicraft sectors for family businesses with fewer than five employees. (3,4) 

III. Enforcement of Laws on Child Labor

The Government of Morocco has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 3). 

Table 3. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Economic Inclusion, Small Business, Employment and Skills (MEIPEEC)

Enforces child labor laws within its 54 inspection offices throughout the country. The Government of Morocco maintains 54 "designated focal points," which serve to coordinate efforts among labor inspectors as they work to deal with the prevalence of child labor. (3)

Ministry of the Interior

Enforces prohibitions on trafficking in persons, prostitution, and other exploitative crimes involving minors, as established in the Penal Code, through the General Directorate of National Security. (2,12,13)

General Prosecutor

Prosecutes criminal offenses against children and processes cases involving women and children in the court system. (1,2,12,13) The General Prosecutor is a judiciary body that serves independently from the Ministry of Justice. (12)

In 2021, the Government of Morocco increased the number of labor inspectors by over 43 percent, from 282 to 404 inspectors. (3) In addition, the government launched a new labor inspectorate information technology management system that enabled remote training sessions for inspectors in compliance with pandemic countermeasures. (3) During the reporting period, 998 children were removed from worksites considered dangerous by inspectors.  (3)

The General Directorate of National Security carried out a 30-hour training session at the national police headquarters on protecting children's rights, including psychological aid to children, investigations and forensics related to child victims, and laws that protect children from violence. (3) In addition, the Ministry of Justice provided a training session for law enforcement officials and prosecutors pertaining to the implementation of Domestic Labor Law 19.12. (3) The Public Prosecutor's Office also organized trainings to help prosecutors recognize the indicators of human trafficking in child victims. The Ministry of the Interior held online trainings on human trafficking and smuggling of migrants. (14)

IV. Coordination of Government Efforts on Child Labor

The Government of Morocco has established mechanisms to coordinate its efforts to address child labor (Table 4).

Table 4. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Technical Committee Under the Special Ministerial Commission for Children for the Protection and Improvement of Childhood

Ensures intersectoral coordination and monitoring for implementing international conventions on children’s issues through a committee of 25 government bodies, chaired by the Head of the Government of Morocco. Establishes strategies and mechanisms to implement national policies and plans for child protection and coordinates the management of efforts at the local and regional levels. (12) Research was unable to determine whether this coordinating body was active during the reporting period.

Commission for the Support of Women Victims of Violence

Monitors policies and actions against child labor, ensuring coordination on child labor issues between labor inspectors and those NGOs that have partnership projects with the Government of Morocco. Made up of 19 ministerial departments and is chaired by the Head of Government of Morocco. (3) Research was unable to determine whether this coordinating body was active during the reporting period.

The Interministerial Commission for Combating Trafficking in Persons

Coordinates the government's approach to trafficking in persons on an interministerial level. Conducts training sessions for members of the security services. (15) Chaired by the Head of the Government of Morocco and lead by the Ministry of Justice, with representation from civil society. (3,12) Established in May 2019. (12,15,16) In 2021, the Commission carried out four training sessions in coordination with the Council of Europe, covering themes of human trafficking and management of crime scenes. (14)

Due to the restrictions associated with the COVID-19 pandemic, a number of coordination activities were canceled in 2021. (3) 

V. Government Policies on Child Labor

The government has established policies that are consistent with relevant international standards on child labor (Table 5).

Table 5. Key Policies Related to Child Labor

Policy

Description

Ministry of Solidarity, Social Inclusion, and Family (MSWFSD) Integrated Public Policy on the Protection of Children in Morocco

Promotes an interdisciplinary approach to respond to the exploitation of children. (17) MEIPEEC continued administering grant programs to NGOs in 2021 to address child labor. In this context, MEIPEEC signed eight partnership agreements with NGOs in multiple regions of Morocco to counter the prevalence of child labor. These agreements support the removal of children from work (particularly domestic work), while also seeking to improve working conditions and raise awareness of the hazards associated with child labor. (3)

In March 2021, Labor Minister Mohamed Amekraz appeared on a virtual conference marking 2021 as the ILO-sponsored International Year for the Elimination of Child Labor. Minister Amekraz addressed attendees with an elaboration on the government’s 10-year plan to eliminate child labor. (18) Morocco is a Pathfinder country under Alliance 8.7, which calls for the eradication of child labor by 2025; and forced labor, modern slavery, and human trafficking by 2030. (12)

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 6). However, gaps exist in these social programs, including the inadequacy of efforts to address the problem in all sectors.

Table 6. Key Social Programs to Address Child Labor

Program

Description

Tayssir Conditional Cash Transfer Program†

The Ministry of Solidarity, Social Development, Equality and Family funds the Tayssir Conditional Cash Transfer Program, providing direct cash transfers to qualifying families whose children meet school attendance criteria. In 2021, the Government of Morocco reported its continued support for this social program but did not provide further information. (3)

† Program is funded by the Government of Morocco.
‡ The Government of Morocco had other social programs that may have included the goal of eliminating or preventing child labor. (12,19) 

Although the government has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, including for children engaged in forced domestic work. (1,20)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Western Sahara (Table 7).

Table 7. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that all children age 15 and under are protected by law, including children who work in artisan and handicraft sectors for family businesses.

2009 – 2021

Coordination

Ensure that key coordinating bodies related to the worst forms of child labor are active.

2021

Social Programs

Remove barriers to education, such as insufficient facilities, lack of reliable and safe transportation, and unqualified teachers, particularly in rural areas.

2015 – 2021

 

Expand existing programs to address the scope of the child labor problem, including child victims of commercial sexual exploitation.

2017 – 2021

 

Conduct a comprehensive study of children's work activities to inform policies and practices to determine whether children are engaged in or at risk of becoming involved in child labor and determine the number of child laborers and their education levels.

2013 – 2021

References
  1. U.S. Consulate- Casablanca. Reporting. February 12, 2018.
  2. U.S. Consulate- Casablanca. Reporting. February 8, 2019.
  3. U.S. Consulate- Casablanca. Reporting. January 24, 2022.
  4. Government of Morocco. Dahir n° 1-03-194 du 14 rejeb 1424 (11 septembre 2003) portant promulgation de la loi n° 65-99 relative au code du travail, No. 1-03-194. Enacted: 2003.
    http://www.ilo.org/dyn/travail/docs/450/Maroc - Code travail.pdf
  5. Government of Morocco. Décret n° 2-10-183 du 9 hija 1431 (16 novembre 2010) fixant la liste des travaux auxquels il est interdit d'occuper certaines catégories de personnes, No. 2-10-183. Enacted: November 16, 2010.
    http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=fr&p_isn=86187
  6. Government of Morocco. Code Penal. Enacted: November 26, 1962.
    https://www.imolin.org/doc/amlid/Morocco/Morocco_code_penal_1962.pdf
  7. Government of Morocco. Loi n° 27-14 relative à la lutte contre la traite des êtres humains, No. 27-14. Enacted: 2016.
    http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103357/125489/F1582466313/MAR-103357.pdf
  8. Government of Morocco. Law number 1-73-282. May 21, 1974.
    https://www.sante.gov.ma/Reglementation/REGLEMENTATIONAPPLICABLEAUPRODUITSDESANTE/1-73-282.pdf
  9. Government of Morocco. Décret royal n° 137-66 du 20 safar 1386 (9 juin 1966) portant loi relatif à l'institution et à l'organisation du service militaire. Enacted: June 9, 1966.
    https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=49842&p_country=MAR&p_count=669
  10. Government of Morocco. Law No. 44-18. Enacted: 2018. Source on file.
  11. Government of Morocco. Loi n° 04-00 modifiant et complétant le dahir n°1-63-071 du 25 joumada II 1383 (13 novembre 1963) relatif à l’obligation de l’enseignement fondamental, No. 04-00. Enacted: 2000. Source on file.
  12. U.S. Consulate- Casablanca. Reporting. February 9, 2021.
  13. U.S. Consulate- Casablanca. Reporting. March 4, 2019.
  14. U.S. Embassy- Casablanca. Reporting. February 11, 2022.
  15. U.S. Department of State. Trafficking in Persons Report - 2020: Morocco. Washington, D.C., June 16, 2020.
    https://www.state.gov/reports/2020-trafficking-in-persons-report/morocco/
  16. Danish Immigration Service. Morocco: Protection and assistance to victims of human trafficking. October 2019.
    https://www.ecoi.net/en/file/local/2018054/COI_report_morocco_protection_assistance_victims_of_human_trafficking_oct_2019.pdf
  17. Government of Morocco. Politique Publique Intégrée de Protection de l'Enfance 2015–2025. 2016.
    https://www.iltesam-cgem.ma/la-politique-publique-integree-de-la-protection-de-lenfance/
  18. Sauers, Michael. International Year for Elimination of Child Labor Launches in Morocco. Rabat: Morocco World News, April 1, 2021.
    https://www.moroccoworldnews.com/2021/04/338717/international-year-for-elimination-of-child-labor-launches-in-morocco
  19. Government of Morocco. Les éléments de réponse au questionnaire émanant de l'Ambassade des Etats-Unis d'Amérique. Submitted in response to U.S. Department of Labor Federal Register Notice (September 6, 2016) "Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor." February 24, 2017. Source on file.
  20. U.S. Consulate- Casablanca. Reporting. February 18, 2020.