Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(a), of the Convention. The Committee notes with satisfaction that the provisions relating to civic service which had been the subject of previous comments were repealed by the Dahir issuing Act No. 46-97-1 of 4 Chaoual 1417 (12 February 1997), confirming the practice according to which persons called up are made available to public administrations only if they so request. The Committee is once again drawing attention to another aspect of these provisions of the Convention in a direct request.

2. Article 2, paragraph 2(c). The Committee previously requested the Government to repeal or amend the Dahir of 26 June 1930, which allowed prisoners to be assigned to and employed by private enterprises. The Committee noted that the Government had always indicated that the law in question had not been applied since independence. The Committee notes the information in the Government's last report to the effect that the Bill on penal establishments which prohibits the employment of prisoners by private enterprises or for the benefit of private individuals is being studied by a joint committee consisting of representatives of the Justice Department and the General Secretariat of the Government. The Committee takes note of the Government's statement to the effect that the Bill will be adopted in the very near future and that a copy will be communicated as soon as it has been finalized. The Committee hopes that the Bill will be adopted swiftly and that it will be possible to bring the legislation into conformity with the Convention in this area.

3. Article 2, paragraph 2(d). The Committee previously drew the Government's attention to a number of legislative texts which authorized the calling up of persons and the requisitioning of goods in order to satisfy national needs (the Dahirs of 10 August 1915 and 25 March 1918, as contained in the Dahir of 13 September 1938 and reintroduced by Decree No. 2-63-436 of 6 November 1963). The Committee requested the Government to take steps to ensure that calling up could only take place in situations endangering the existence or well-being of the whole or part of the population. The Committee notes that according to the Government, the only cases in which the provisions allowing the requisitioning of goods and the calling up of persons may be invoked are emergencies within the meaning of the Convention; and recourse to such measures must be based on the necessity of satisfying urgent needs, under circumstances of extreme difficulty, in order to protect the nation's vital interests (for example, war, natural disasters, major accidents). The Committee notes that in order to formalize this practice in legislation, so as to be in conformity with the spirit of the Convention, the Government advises that the Department of Employment will inform the competent authorities. The Committee hopes that the Government will take the necessary measures in the very near future to give legislative expression to this practice, by repealing or amending the aforementioned provisions. It requests the Government to provide information in its next report on any progress made in this area.

4. Article 25. In its previous comments, the Committee drew attention to the absence in national legislation of any penal sanctions on persons guilty of the illegal exaction of forced labour. The Committee recalled that this Article of the Convention stipulates that the illegal exaction of forced or compulsory labour must be subject to really adequate and strictly enforced penal sanctions. The Committee takes note of the Government's statement that the draft Labour Code which formalizes the prohibition of the illegal exaction of forced labour provides penal sanctions of a sufficiently deterrent nature, to ensure the application of the Convention, and that it will be discussed on a tripartite basis in the very near future. The Committee hopes that the draft Labour Code will be adopted soon. It requests the Government to provide in its next report comprehensive information on any progress made in the discussions and a copy of the Labour Code as soon as it is adopted.