Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In reply to the Committee’s comments on the absence of provisions in the legislation explicitly criminalizing trafficking in persons, the Government indicates that a Decree on the repression and criminalization of trafficking in persons was approved by the Council of Ministers on 7 May 2009. The Committee notes this information and requests the Government to indicate whether this legislative text has been promulgated and has entered into force. If so, please provide a copy and supply information on its application in practice.

The Committee also noted previously that the country was faced with a considerable migration flow from sub-Saharan Africa in transit through Morocco towards Europe. It emphasized in this respect the importance of identifying, from among the illegal immigrants, those who are victims of trafficking for the exploitation of their labour in view of the vulnerability of their situation, and it requested the Government to provide information on the measures adopted to identify these victims, protect and encourage them to go to the authorities to denounce their situation. In its last report, the Government provides detailed information on the measures adopted to combat this clandestine emigration, including the creation of the Directorate of Migration and Frontier Control and the Migration Observatory, the reinforcement of security measures, the development of international cooperation and awareness-raising measures on the dangers of clandestine migration and the risks of exploitation by trafficking networks. The Committee notes all of these measures intended to dissuade clandestine migration. It asks the Government to provide information on the measures adopted to protect migrant and national workers who are victims of trafficking and to encourage them to lodge complaints against those responsible for these practices so that the latter can be prosecuted and convicted.

Finally, the Committee notes a draft study on the phenomenon of trafficking and smuggling in human beings in Morocco, undertaken by several international organizations, including the International Organization for Migration, in partnership with the Ministry of Justice. The Committee notes that the research is intended to overcome the lack of information in the field of trafficking in persons and to provide the necessary tools for the analysis of the phenomenon in Morocco, and to allow a clear distinction to be made between practices which constitute trafficking in persons and the illegal smuggling of persons. The Committee requests the Government to provide information on the progress of this study, its conclusions and the recommendations made, as well as on the measures taken by the Government in this context.

2. Freedom of public servants and career members of the armed forces to terminate their employment. In its previous comments, the Committee requested the Government to restrict the possibility of preventing an official from leaving his or her employment to emergency situations and to ensure the freedom of officials to terminate their employment by giving reasonable notice. Indeed, under the terms of sections 77 and 78 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 vested with the power of appointment. Moreover, the authority may refuse an application to resign in view of the needs of the service or the impossibility of finding a replacement for the official who is resigning. The Government indicated in this regard that, in the majority of cases, public administrations accept resignation requests from officials and that 40,000 officials had benefited from the voluntary departure operation organized in 2005.

In its latest report, the Government confirms that no application to resign has been refused. The Committee recalls that, in the absence of an express provision, the right to resignation is still uncertain. Therefore, it requests the Government to ensure, for example by issuing instructions in this respect, that if a resignation request is turned down on the grounds of the requirements of the service or the impossibility of finding a replacement, the competent authority may not keep the official in her or his employment beyond a reasonable deadline. Please continue to provide information on any application to resign which is refused and the circumstances prompting such refusal.

3. Persecution of vagrancy. For many years, the Committee has been drawing the Government’s attention to the need to amend section 329 of the Penal Code, under the terms of which a vagrant, who is liable to a prison sentence of one to six months, is defined as “any person without a fixed abode or means of subsistence who does not normally exercise an occupation or trade, despite being able to do so, and who is unable to show evidence of having sought employment, or who has refused paid work when it has been offered”. This section contains a definition of vagrancy that is too broad and may accordingly constitute an indirect means of forcing a person to work. The Committee noted that the convictions for vagrancy were only handed down where the offence is accompanied by other offences, including acts of violence, robbery or attempted robbery and begging, and that there had been contacts between the Ministry of Labour and the Ministry of Justice with a view to examining possible ways of bringing the national legislation into line with the Convention.

In its latest report, the Government confirms that the revision of section 329 is envisaged in the context of the next revision of the Penal Code and that, on that occasion, only begging will be regulated. The Committee hopes that the revision of the Penal Code will be carried out in the very near future and will ensure that, in the absence of problems of public order and security, persons without fixed abode or means of subsistence, who are not engaged in any trade or occupation, will not be liable to sanctions.

Article 2(2)(c). Prison labour. Prisoners hired to private individuals or companies. In reply to its previous comments, the Committee notes the Government’s indication that the General Delegation of the Prison Administration and Reintegration has not had recourse to section 40 of Act No. 23-98 on the organization and operation of prison establishments, which provides that no prisoner may work for a private individual or company unless this is under a concession and an administrative agreement determining the conditions of employment and remuneration, among other matters. The Committee requests the Government to provide information in future reports on any administrative agreement for the hiring of prison labour which is concluded between the General Delegation for Prison Administration and Reintegration and a private enterprise and, if so, to provide a copy.