Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee has noted the Government’s reply to its earlier comments. It has noted the Government’s indications that there are no laws in the country concerning compulsory military service or state of emergency. The Committee again requests the Government to supply copies of the following legislative texts: Police Law (Royal Decree No. 35/90), Royal Decree No. 48/98 respecting the imprisonment of delinquent minors and Regulations concerning the work of prisoners.

2. The Committee previously noted the provision of section 12 of the Basic Statute of the State, enacted by Sultani Decree No. 101/96 of 6 November 1996, which prohibits to impose upon a person the performance of forced labour, of whatever type, with the exception of work authorized by the law, for public purposes and in return for remuneration. The Committee considered that the very general wording of section 12 of the Organic Statute provides for the possibility of adopting a law which could allow the exaction of forced labour for public purposes and in return for remuneration. It recalled that under Article 2(2) of the Convention, only certain forms of compulsory work or service, as enumerated exhaustively, are exempted from the prohibition by the Convention, any other form of forced labour being consequently prohibited.

The Committee has noted the Government’s renewed statement in its report that no law authorizing the exaction of compulsory labour has been enacted, as well as the Government’s explanation that section 12 allows promulgation of laws on exceptional grounds and for the sake of public interest, in such areas as military service or emergency cases. While noting these indications, as well as the Government’s commitment expressed in the report to protect fundamental rights at work and to prohibit forced labour, the Committee expresses the hope that the necessary measures will be taken to amend section 12 of the Basic Statute, so as to clearly and exhaustively define the forms of compulsory work or service which could be exceptionally exacted from the population, in order to ensure conformity with the requirements of the Convention.