Recommendations
To the Moroccan Government
- Strictly enforce 15 as the minimum age for all employment,
including for domestic work, and impose appropriate penalties on both
employers and labor recruiters who employ or recruit children under the
age of 15;
- Amend the proposed domestic worker law to ensure
compliance with ILO Convention 189 on Decent Work for Domestic Workers
(2011), and present the law to Parliament for adoption; in
particular, amend the draft law to ensure:
- Limits to hours of work, equivalent to those for other workers,
with additional limits on the working hours of children between the ages of 15
and 18 to ensure proper rest, education and training, leisure time, and family
contact;
- Minimum wage coverage equivalent to other workers;
- A strict limit to the proportion of remuneration that may be paid
“in-kind” (e.g. room and board).
- Continue and expand public awareness campaigns to educate
both sending families and potential employers of laws prohibiting the
employment of children under the age of 15, and the risks of such employment
to child domestic workers; engage the media in such campaigns;
- Create an effective monitoring system, involving police,
social workers, educators, local NGOs, and local authorities to identify
children under the age of 15 who have entered domestic work and children
between 15 and 18 who may be subject to abuse or conditions that
constitute the worst forms of child labor;
- Create an effective and accessible complaints mechanism
for child domestic workers and others to report violations against child domestic
workers, and ensure that the hotline managed by the National Observatory
of Child Rights is widely publicized via television, radio, and public
notices in transportation centers, schools, post offices, telephone
offices, and other public locations;
- Investigate cases of underage employment or abuse of child
domestic workers, authorizing police, social workers, and/or labor
inspectors to enter employers’ homes when child domestic labor is
suspected, and to withdraw children who are under age 15 or who have been
subject to abuse;
- Consistent with the proposed domestic worker law, ensure
that employers of child domestic workers below the age of 18 but above the
age of 15 file written contracts with labor authorities; implement special
measures to monitor conditions for domestic workers under the age of 18,
including employment conditions that may jeopardize their health or safety
or interfere with opportunities to participate in further education and
training;
To Morocco’s Parliament
-
Adopt the proposed domestic
workers law, making necessary amendments to ensure compliance with ILO
Convention 189 on Decent Work for Domestic Workers (2011);
- Ratify ILO Convention 189 on Decent Work for Domestic
Workers (2011).
To the Ministry of Employment and Professional
Training
- Implement mechanisms to better monitor possible underage
employment of domestic workers, for example, through home visits with the
consent of employers or by interviewing child domestic workers regarding
their working conditions at local labor offices;
- Upon adoption of the proposed domestic worker law,
establish mechanisms to verify the ages for domestic workers between
ages 15 and 18 whose contracts have been deposited with labor authorities;
and that authorization of their guardian has been obtained;
- Actively investigate reports of employers or
intermediaries who employ or recruit children under the age of 15 and
impose appropriate penalties, as allowed by law;
- Report cases of underage employment to the police or other
authorities to allow the removal of children illegally employed and their
return to their homes or appropriate shelters or hosting arrangements;
- Report cases of physical or other abuse of child domestic
workers to police and prosecutors for investigation and possible prosecution;
- Continue and increase support for NGOs working to
eliminate child domestic labor and to assist child domestic workers who
have been employed illegally or victim to violence or exploitation.
To the Ministry of Solidarity, Women, Family, and
Social Development
- Provide shelters and medical and social services, as
appropriate, for child domestic workers who have been subject to abuse or
exploitation to facilitate their rehabilitation, entry into school, and
reunification with their family, when it is in the child’s best
interests. Establish alternative long-term hosting arrangements for former
child domestic workers when reunification with the family is not possible
or in the best interests of the child;
- Complete a comprehensive survey to establish an accurate
estimate of the number of all domestic workers in Morocco, disaggregated
by sex, age, geographic origin, and geographic location of employment;
- Continue and increase support for NGOs working to
eliminate child domestic labor and to assist child domestic workers who
have been employed illegally or victim to violence or exploitation;
- Coordinate with other ministries to ensure that families
of children who have been removed from child domestic labor are benefiting
from appropriate social welfare schemes, such as the Tayssir program.
To the Ministry of Justice
- Prosecute individuals under the Moroccan Criminal Code who
are responsible for violence or other criminal offenses against child
domestic workers;
- Collect and publish data on prosecutions of individuals
for abuse or exploitation of domestic workers, disaggregated by sex and
age of the worker.
To the Ministry of National Education, Higher
Education, Staff Development, and Scientific Research
- Ensure that all children under the age of 15 enjoy their
right to a free and compulsory basic education, continuing and expanding
initiatives which are designed to increase school enrollment, particularly
among girls who are vulnerable to child domestic labor;
- Develop specific strategies to ensure that domestic
workers above age 15 but below the age of 18 have opportunities to
continue their schooling if they desire;
- At the local level, provide regular reports to labor
inspectors or other relevant authorities regarding children who are not
attending school and may be employed in domestic labor for follow-up
intervention and investigation.
To International Donors, including the United
States, France, and Belgium
- Support programs designed to prevent the entry of girls
under age 15 into domestic work and to identify, withdraw, and provide
assistance to girls who have been employed under the minimum age or have
experienced violence or exploitation;
- Support adoption and implementation of a national law on
domestic workers.
To the International Labour Organization and United
Nations Children’s Fund (UNICEF)
- Continue and, as feasible, expand projects aimed to
prevent girls from entering child domestic labor and effective
implementation of Moroccan law prohibiting the employment of children
under age 15.