Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Morocco (Ratification: 1966)

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as punishment for expressing political views. The Committee noted previously that the Press Code (Dahir No. 1-58-378 of 15 November 1958, as amended by Act No. 77-00 of 3 October 2002) provided for sentences of imprisonment for several press-related offences. It requested the Government to indicate whether the revision of the Press Code, to which it had referred in previous reports, was still on the agenda.

The Committee notes the Government’s indication that the draft Press Code has been prepared in dialogue with the professionals and actors concerned. It contains no reference to forced labour and tends to decrease the penalties of imprisonment contained in the current Code, as well as extending the discretionary powers of judges to opt for appropriate sanctions. The Committee notes this information and expresses the hope that the Government will take the necessary measures, within the framework of the adoption of the draft Press Code, to ensure that persons who express political views or views ideologically opposed to the established political, social or economic system in the press cannot be punished with a sentence of imprisonment involving compulsory labour. It requests the Government to provide a copy of the new Press Code, once adopted.

With regard to the application in practice of section 179 of the Penal Code, which establishes a penalty of imprisonment and a fine for any offence against the King, the heir to the throne or members of the royal family, the Committee observes that in practice those committing such offences are prosecuted under section 41 of the Press Code. In this regard, the Government refers to a number of court cases in which journalists have been convicted under section 41 of the Press Code for misrepresentation of the royal family.

The Committee recalls that, under the terms of the national legislation, persons convicted to a sentence of imprisonment are subject to the obligation to work, by virtue of sections 24, 28 and 29 of the Penal Code and section 35 of Act No. 23–98 on the organization and operation of prison establishments. In view of this obligation to work, the Committee observes that legislative provisions, such as section 41 of the Press Code, which punish peaceful journalistic activities with a prison sentence, are not in conformity with the Convention. The Committee therefore urges the Government to take the necessary measures to abolish prison sentences for press-related offences, so that the expression of peaceful views opposed to the established political system cannot be punished by prison sentences involving the obligation to work. In the meantime, the Committee requests the Government to provide copies of court rulings under which defendants have been sentenced to prison for the various offences set out in the Press Code.

Article 1(d). Imposition of prison sentences involving an obligation to work as punishment for having participated in strikes. In its previous comments, the Committee noted the information illustrating the scope given by the courts to the provisions of section 288 of the Penal Code. Under the terms of this section, any person who, through the use of violence, force, threats or deception, causes or maintains, or endeavours to cause or maintain a concerted stoppage of work with the aim of forcing an increase or decrease in wages or jeopardizing the free exercise of industry or work, shall be liable to a sentence of imprisonment of from one month to two years. The Committee also noted that a bill regulating the right to strike was in the process of being adopted.

The Committee notes the Government’s statement that the basic Bill regulating the right to strike is currently the subject of dialogue with the social partners and that the national courts have not made use of the provisions of section 288 of the Penal Code. The Committee hopes that the Government will be in a position to provide additional information on the progress made in the adoption of the Bill regulating the right to strike and that within the framework of this process, the Government will take into account the comments of the Committee. In the meantime, please continue indicating whether national courts have recently had recourse to the provisions of section 288 of the Penal Code and, if so, provide copies of the respective court rulings.