Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee notes the information supplied by the Government.

1. Article 25 of the Convention. In its previous comments, the Committee referred to the absence of penal sanctions for the illegal exaction of forced labour. The Committee pointed out that, since its report for 1967-69, the Government has referred to the draft Labour Code which is to provide for the prohibition of forced or compulsory labour enforceable by penal sanctions. The Committee notes the Government's statement in its last report that the draft Labour Code adopted by the Government lays down a formal prohibition of forced labour that is enforceable by penal sanctions. It hopes that this draft will be submitted to Parliament in the very near future and that the Government will be in a position to transmit the definitive adopted text very soon.

2. Article 2, paragraph 2(d). With regard to the power to call up persons in exceptional circumstances, the Committee has for several years been drawing the Government's attention to the continuation in force of the provisions of 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, authorising the calling up of persons and the requisitioning of goods in order to satisfy national needs. It has taken note of a draft law respecting the right to call up persons.

Referring to the explanations provided in paragraphs 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour, the Committee observed that it should be clearly laid down in the legislation that the power to exact labour is limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population. The Committee therefore reiterates its previous observations regarding the Government's draft law. Although some of the situations which, according to the draft law, are to give rise to the right to call up persons would endanger the life, personal safety or health of the population, this is not necessarily the case, for example, for public transport or for the installation or maintenance of public services (other than those essential for the life of the nation, which are also covered by the draft law).

The Committee once again requests the Government to indicate the measures that have been taken or are contemplated to repeal the provisions of the texts mentioned above respecting the right to call up persons, which are incompatible with Article 2, paragraph 2(d), of the Convention, and also to indicate the measures that have been taken or are contemplated with respect to the draft bill and the draft implementing decree to be issued thereunder, in order to ensure that under the legislation the conditions conferring the right to call up persons are expressly limited to situations endangering the existence or well-being of the whole or part of the population.

3. Article 2, paragraph 2(c). The Committee notes the Government's statement in its report for the period 1983-85 that the Dahir of 26 June 1930 concerning the employment of prisoners by private enterprises has not been applied since Morocco gained independence and that it is planned to repeal it in the draft legislation respecting the reform of the prison system. The Committee recalls that the Convention forbids prison labour to be placed at the disposal of private enterprises, but does not prevent prisoners being able to take employment in such enterprises under the conditions of a free employment relationship. It hopes that the Government will be able in the near future to transmit a text that ensures observance of Article 2, paragraph 2(c).

4. Article 2, paragraph 2(a). In its previous comments, the Committee also referred to texts providing for the assignment of military recruits to work of a general nature.

The Committee notes that the Government's last reports contain no new information on this subject. It is once again addressing a direct request to the Government on this point and hopes that the Government will take the necessary measures to ensure that any national service which does not lie within the framework of work of a strictly military nature (or work undertaken in cases of emergency) is organised on a voluntary basis. [The Government is asked to report in detail for the period ending 30 June 1990.]