Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Forced Labour Convention, 1930 (No. 29) - Morocco (Ratification: 1957)

The Committee takes note of the Government's report.

1. Article 25 of the Convention. In the comments it has been making for many years, the Committee has referred to the absence of penal sanctions for the illegal exaction of forced labour. Since 1969, the Government has referred to a draft Labour Code which is to provide for the prohibition of forced or compulsory labour enforceable by penal sanctions. The Committee asks the Government to report on the progress of the draft Labour Code which, according to the Government's previous indications, was to be submitted to Parliament. It hopes that the Labour Code will be adopted shortly and that it will bring the legislation into conformity with the Convention in this respect.

2. Article 2, paragraph 2(c). In its previous comments, the Committee noted the Government's statement 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 hopes that the planned amendments to the legislation, to which the Government has been referring for many years, will be adopted in the near future and that the Government will provide the text of the provisions that ensure observance of the Convention on this point.

3. Article 2, paragraph 2(d). For many years, the Committee has been referring to 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.

The Committee also referred to a Bill amending provisions on the right to call up persons and noted that although some of the situations envisaged in the Bill are within the limits of Article 2, paragraph 2(d), this was not necessarily the case for others (for example, public transport or installation or maintenance of public services, other than those essential for the life of the nation, which are also covered by the Bill).

The Committee 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 Bill and the draft implementing Decree to be issued thereunder, which had also been mentioned by the Government, 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.

4. Article 2, paragraph 2(a). The Committee notes the information provided by the Government concerning the provisions under which military recruits may be assigned to work of a general nature and the provisions introducing civic service for certain holders of higher academic qualifications. The Committee is again addressing a direct request on this subject to the Government.