Home
| Identifier | Created | Classification | Origin |
|---|---|---|---|
| 06CASABLANCA435 | 2006-05-02 11:19:00 | CONFIDENTIAL | Consulate Casablanca |
Cable title:
LEGAL GUIDELINES FOR MOROCCAN DOMESTICS IN THE
how-to|
1. (SBU) Summary: More than two years after adopting a new Labor Code, Morocco is finally working to plug a gaping hole left by the Code, a hole through which thousands of children slip each year. Morocco's Director of Labor, Abdelaziz Adoum, confirmed to laboff this week that a draft proposal of a new law regulating domestic work is currently being reviewed by Moroccan labor unions for comment. The proposed law is aimed at regulating all domestic employment, with special guidelines for workers between the ages of 15 and 18. While there is no mention in the proposal regarding the issue of workers under the age of 15, the hope is that by finally regulating the sector Morocco's problem with exploitation of minor girls as domestics or "petite bonne" will be indirectly addressed. 2. (SBU) In 2004, Morocco adopted a Labor Code that standardized issues including hours of work, minimum wage, and social security. The code makes clear that it is illegal to employ children under 15 years of age, however, it lacked any guidelines for domestic help where a great majority of minors are employed. In fact, Article Four of the Labor Code stated that the domestic sector would be addressed in proposed separate legislation. That legislation is now on the way. End Summary. -------------------------- Better Than Nothing, But Not Much -------------------------- 3. (U) Morocco's minimum wage or SMIG, is nowhere near a living wage and the new guidelines for domestics cut that in half, bringing the minimum wage for these employees to a mere 950 dirhams a month, or approximately USD 100. In addition, the SMIG is based on a forty-four hour work week, a far cry from the 67 hour weeks of most young domestics. The draft also proposes a six day work week instead of the normal seven for domestic help, as well as 21 vacation days a year after the first year of service, similar to other salaried employees. The draft proposes more importantly, the requirement of a legal agreement between the two parties that outlines the rights and responsibilities of each, a copy of which is to be filed with an office established for that specific purpose. 4. (SBU) Perhaps the most radical proposal, and the one that will be the most difficult to enforce, will be the establishment of a team of inspectors who will visit homes that employ domestics age 15 to 18 every three months in order to inspect working conditions. Labor Director Adoum explained to laboff that one way the GOM is considering easing the resistance to the inspection teams entering domiciles is to make the majority of the inspectors women. Adoum told laboff that the GOM believes using female inspectors will allow easier entry into the sanctity of the home, still a woman's domain in Morocco. He also expressed his belief that girls may be more open to speaking up to a woman about any difficulties they may be facing in the homes, the main reason behind the visits. Unfortunately, many of these girls, as young as six or seven, find work through family members or agencies who take a commission from the employer and a cut of the girls salary. The girls are then pressured to stay in the arrangement no matter what the conditions of employment or risk retaliation by the facilitator. -------------------------- But A Step In the Right Direction -------------------------- 5. (C) Adoum confided to laboff that he understands that this measure will not end Morocco's problem of domestic servitude for minor children. He is optimistic, however, that it will soon regulate the situation in up to forty percent of all households with domestic help, at least alleviating the problem. He confidently predicted that the draft will be ready for approval by the end of the year. -------------------------- The Reality of the Situation -------------------------- 6. (U) Currently, according to a 2005 report published by UNICF, Morocco has approximately 600,000 children between the ages of seven and 15 working illegally. According to E the report, 42 percent are girls, the majority of whom work as domestics. The number of child domestics in Casablanca alone is estimated to be approximately 23,000, most of whom are illiterate and work an average of ten to twelve hours a day seven days a week. Most of these girls work for pennies a day and many never even see a salary at all since it is handed directly over to a parent, guardian, or agent. -------------------------- Comment -------------------------- 7. (SBU) Morocco's problems with child labor in general and child domestics in particular have plagued the country recently and were highlighted as a serious problem in this years Department of State Human Rights Report. While the issue is being highlighted in the media more and more, and is becoming a frequent topic of conversation among the socially aware in cities like Casablanca and Rabat, the majority of the population still find nothing wrong with the practice. In recent conversations with a variety of intelligent, educated Moroccan acquaintances, laboff was told repeatedly that these children are better off working as a domestic for a kind employer than they would be at home, a prevalent attitude in Casablanca. Obviously, regulating a sector that has always been informal will be a huge challenge for Morocco and will entail not only a change in Moroccan law but an adjustment in the cultural mind set as well. If the law passes, however, it will join other dramatic ideological reforms working their way into Moroccan law, such as the recently adopted Labor and Family Codes. GREENE |