Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2, paragraph 2(d), of the Convention. Requisitioning of persons. In its previous comment, the Committee once again stressed the need to amend or repeal several legislative texts which authorize the requisitioning of persons and goods in order to satisfy national needs (the Dahirs of 10 August 1915 and 25 March 1918, as retained in the Dahir of 13 September 1938 and reintroduced by Decree No. 2-63-436 of 6 November 1963). Indeed, these provisions went beyond what is authorized under Article 2, paragraph 2(d), of the Convention, according to which requisitioning, and constantly imposing work, should be strictly limited to situations endangering the existence or well-being of the whole or part of the population.

In its report, the Government points out that the Labour Directorate is in constant contact with the Ministry of the Interior in order to review the provisions of the Dahir of 1938 to bring it into conformity with the Convention, and that the public authorities have never, in practice, resorted to the requisitioning of persons. The Committee takes note of this information. It points out that, in its 2003 report, the Government had already referred to an agreement with the social partners to repeal this decree. Given the number of years that have lapsed since its first comments on the matter, the general consensus that the provisions of the legislation should be changed and the fact that, in practice, these provisions have never allegedly been used, the Committee hopes that the contacts with the Ministry of the Interior will result in the adoption of specific legislative measures without further delay.

Article 25. Imposition of really effective penalties. In its last comments, the Committee expressed its reservations as to the dissuasive nature of the penalties against persons guilty of exacting forced labour in the legislation. According to sections 10 and 12 of the new Labour Code, any employer in breach of the prohibition to requisition employees to perform forced labour or to work against their will, is liable to a fine of between 25,000 and 30,000 dirhams and, in the event of a repeated offence, a fine of double that amount and imprisonment for between six days and three months, or one of these two penalties. Only cases of repeated violations of the prohibition of forced labour may be penalized by a prison sentence, although the judge might, however, opt for a mere fine if he or she considers it appropriate.

In its report, the Government points out that the fines provided under section 12 of the Labour Code are the maximum provided under this legislation, and that a prison sentence has serious consequences for the person involved because he or she is subsequently illegible for public office or able to compete for public markets. The Committee takes note of these details. Given the seriousness of the offence of resorting to forced labour, the Committee is of the opinion that the penalties imposed must be effective enough to ensure that they are truly of a dissuasive nature. The Committee hopes that the Government will re-examine this matter, either in the context of a revision of the Labour Code or by criminalizing forced labour in the Penal Code and establishing the corresponding penalties for offences or crimes.