Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Also referring to its observation, the Committee notes the reports provided by the Government.

1. The Committee notes the prohibition of forced labour set out in section 12 of the Organic Statute of the State, enacted by Decree No. 101/96 of 6 November 1996, which provides that it is not permitted 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 notes that, according to the Government’s reports, no law permitting the exaction of compulsory labour has been enacted.

However, the Committee considers 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 forms of forced labour for public purposes and in return for remuneration. Pursuant to Article 2, paragraph 2, of the Convention, only certain forms of compulsory service, as enumerated exhaustively, may be considered as exceptional forms of compulsory labour and any other form of forced labour is consequently prohibited.

Consequently, the Committee requests the Government to take the necessary measures to amend section 12 of the Organic Statute, so as to ensure conformity with the requirements of the Convention.

2. The Committee requests the Government to provide copies of the following legislative texts:

-  the Penal Code (Royal Decree No. 7/1974);

-  the Code of Penal Procedure;

-  the Police Law (Royal Decree No. 35/90);

-  the Regulations respecting prison work;

-  Royal Decree No. 48/98 respecting the imprisonment of delinquent minors;

-  the Military Service Law;

-  the Law on the State of Emergency;

-  the Law on the residence of foreign nationals;

-  laws respecting freedom of expression and opinion, the freedom of the press, freedom of association and freedom of assembly; and

-  the amendments made to the Labour Act.