Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 29) sur le travail forcé, 1930 - Maroc (Ratification: 1957)

1. Article 2, paragraph 2(a), of the Convention.The Committee has previously drawn the Government's attention to the civic service established under section 4 of Royal Decree No. 137-66 (institution and organization of military service) and sections 1, 3, 5, 6 and 9 of the Dahir to issue Act No. 1-73-415. Under the provisions mentioned above, all holders of certain higher academic qualifications have to do civic service for a period of two years (section 1). Those subject to civic service are called up by individual order and made available to public administrations on conditions set by decision of the government authorities (section 5). On the basis of section 15, any person found guilty of deliberately avoiding or having tried deliberately to avoid civic service will be punished by imprisonment of from one to three months and a fine of 1,200 to 5,000 dirhams, or one of these sanctions only. These sanctions are applicable to persons liable to civic service who, without a valid reason, have not replied to the summons to appear before the special selection committee or a call-up order from the military authorities.

The Committee notes the Government's indications to the effect that, first, the requests and training of the persons concerned and the needs of the administration are taken into consideration in making recruits available for civic service and, secondly, civic service is considered as a period of training in the public administration received by qualified persons after which they are often, at their request, recruited into the units where they carried out their civic service.

The Committee observes that the voluntary nature of civic service is not clear from the provisions mentioned and that execution of the service is ensured by the threat of imprisonment and/or a fine.

The Committee again asks the Government to take the necessary measures to include in legislation the practice -- which the Government states exists already -- under which recruits are made available to public administrations only if they so request.

2. Article 2, paragraph 2(c).For many years, the Committee has been asking the Government to repeal or amend the Dahir of 26 June 1930 which allows prisoners to be handed over to and employed by private enterprises.

The Committee noted the previous reports in which the Government indicated that this law has not been applied since Morocco gained independence and that a draft reform of the prison system repealing the Dahir of 1930 was in preparation.

The Committee notes the information supplied by the Government in its most recent report to the effect that section 39 of the Bill on penal establishments prohibits the employment of prisoners by private enterprises or in aid of private individuals and the Government's information to the effect that the Consultative Council on Human Rights adopted the Bill after examining its conformity with the international conventions on human rights.

Considering this matter has been subject of comments since 1962, the Committee expresses strongly the hope that the new law will be adopted in the near future, bearing in mind the requirements of the Convention, and that a copy of the text adopted will be supplied.

3. Article 2, paragraph 2(d). For many years the Committee has been drawing the Government's attention to a number of legislative texts contrary to the Convention. These are the Dahirs of 10 August 1915 and 25 March 1918, contained in the Dahir of 13 September 1938, as reintroduced by Decree No. 2-63-436 of 6 November 1963, authorizing the calling up of persons and the requisitioning of goods in order to satisfy national needs.

The Committee also noted the comments made by the CDT and UGTM to the effect that these provisions are still in force and were applied in times of strike, and the statement by a government representative in 1992 to the Conference Committee on the Application of Standards that application of the right of requisition is limited in practice to exceptional situations, where the population's life and normal living conditions are at risk. The Committee asked the Government to supply information on the application in practice of the provisions relating to the calling up of persons, including the decrees on requisition and the sanctions imposed for lack of compliance.

The Committee notes that the Government's reports contain no information on these matters.

The Committee expresses strongly the hope that the Government will repeal or amend in the very near future the above-mentioned legislative texts and will supply information on the measures taken or contemplated to ensure that the circumstances allowing the calling up of persons will be limited strictly to situations endangering the existence or well-being of the whole or part of the population.

4. Article 25. For several years, the Committee has been pointing out to the Government the absence from the national laws, of penal sanctions on persons guilty of the illegal exaction of forced labour.

Since 1969, the Government has been referring to a draft Labour Code which would satisfy the requirements of the Convention on this matter. In its latest report, the Government indicates that the draft Labour Code in its final version, transmitted to the Chamber of Deputies for adoption, provides that offences against section 39 on the prohibition of forced or compulsory labour shall be punished by a fine of between 3,000 and 5,000 dirhams.

The Committee notes this information but points out that Article 25 of the Convention lays down that the illegal exaction of forced or compulsory labour shall be subject to really adequate and strictly enforced penal sanctions.

The Committee therefore expresses the hope that the Labour Code which will be adopted shortly will also ensure compliance with the Convention on this matter and that the text of the new law will be supplied.

5. Freedom of public servants and career members of the armed forces to terminate their employment.The Committee noted that under section 77 of the Dahir of 24 February 1958 establishing the General Conditions of Employment of the Public Service, the resignation of an official does not come into effect unless it is accepted by the authority within whose competence the power of appointment lies and that, in the event of refusal, the person concerned may place the case before the Joint Administrative Committee which issues a reasoned opinion for transmission to the competent authority.

The Committee requests the Government to indicate in its next report whether the provisions of sections 77 and 78 of the Dahir of 24 February 1958 are still in force and, if so, to specify the criteria applied by the competent authorities in accepting or rejecting a resignation request and by the Joint Administrative Committee in support of its opinion.

The Committee recalls its request for information regarding the situation of various categories of persons in the service of the State, particularly with reference to their freedom to leave the service on their own initiative, after a reasonable time, either at specified intervals or by giving notice. The Committee notes that the latest report contains no information on this matter.

Furthermore, the Committee requests the Government to supply the text of the provisions applicable to the resignation of career members of the armed forces.

The Committee is addressing a direct request to the Government on another point.