Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Maroc (Ratification: 1966)

1. In its previous comments concerning the penalties applicable to public servants in the event of a strike, the Committee noted the information supplied by the Government to the effect that the disciplinary penalties that are applicable are those laid down in section 66 of the Dahir of 24 February 1958, issuing the general terms and conditions of employment of the public service, and that the public servant has the right to appeal to the Administrative Chamber of the Supreme Court. The Committee observed, however, that section 55 of Decree No. 2-57-1465 of 8 February 1958, respecting the exercise of the right to organise by public servants lays down that "any co-ordinated stoppage of work, any collective act of indiscipline may be punished without regard to the guarantees respecting discipline", and asked the Government to indicate whether sanctions that are different from those provided for in section 66 of the above Dahir may be imposed on public servants.

The Committee takes note of the Government's statement in its last report, that the penalties to which public servants are liable are set out limitatively in the Dahir of 1958 issuing the general terms and conditions of employment of the public service and that, in practice and to the knowledge of the Ministry of Employment, no sanctions other than those provided for in the above-mentioned Dahir have ever been imposed on public servants.

2. The Committee has examined the report of the Committee on Freedom of Association concerning case No. 1490 approved by the Governing Body at its 243rd Session (May-June 1989; Official Bulletin, Vol. LXXII, 1989, Series B, No. 2, pp. 59-69). The Committee's report refers to sentences of imprisonment which were imposed on trade unionists for distributing tracts likely to disrupt the public order. The report mentions a text dating back to 1939 concerning subversive tracts, which reportedly served as the basis for the accusation in this case. The Committee asks the Government to provide a copy of the text in question or of any other text applied in this case, along with copies of any sentences handed down.