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

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as punishment for expressing political views. 1. In its previous comments, the Committee took note of a draft text to revise the Press Code and, pending its adoption, it asked the Government to provide copies of any court decisions handed down under various provisions of the Code (sections 20, 28, 29, 30, 41, 42, 52 and 53 of Dahir No. 1-58-378 of 15 November 1958 as amended by Act No. 77-00 of 3 October 2002), according to which several offences against the Press Law are punishable by imprisonment. The Committee pointed out in this connection that according to sections 24, 28 and 29 of the Penal Code and section 35 of Act No. 23-98 on the organization and operation of prisons, the prison sentences involve an obligation to work. The Committee notes that in its last report, the Government indicates that the abovementioned provisions of the Press Code provide for no penalties in the form of forced labour and make no reference to sections 24, 28 and 29 of the Penal Code. The Committee points out in this connection that breach of the above provisions of the Press Code is punishable by a custodial sentence of from one month to five years (the prison term applying to a délit). Furthermore, pursuant to section 28 of the Penal Code, work is compulsory for convicts. This means that on the basis of the abovementioned provisions of the Press Code, it is possible to sentence someone to a prison term during which work would be compulsory. This is contrary to the Convention, which prohibits the imposition of forced labour, including in the form of compulsory prison labour, as punishment for expressing political views or views ideologically opposed to the established political, social or economic system.

With regard to the revision of the Press Code, the Government states that the Ministry of Communications has involved the various actors in the revision process, the aim of which is to align national laws and regulations with international agreements and covenants that enshrine freedom of expression and opinion. The draft Press Code has been submitted to the Cabinet, and the innovations the latter has proposed include easing the penalties for offences committed by journalists, the abolition of custodial sentences or the reduction of their length or the strengthening of journalists’ rights and duties. The Committee notes this information and hopes that the Press Code will shortly be enacted and will abolish penal sanctions, particularly prison sentences, for press-related offences. Please provide a copy of the new Code once it is adopted.

2. The Committee notes the information that the Ministry of Employment has no information on the practical effect given to section 179 of the Penal Code, which punishes any offence against the King, the heir to the throne or members of the royal family with a prison sentence. It requests the Government to make the necessary contact with the relevant ministries or judicial authorities so that it is in a position to provide in its next report statistical information on the frequency with which the courts are called upon to hand down judgements under this provision. Please provide copies of judgements, if any.