Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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 a punishment for expressing political views. Since 2004, the Committee has been drawing the Government’s attention to certain provisions of the Press Code (sections 20, 28, 29, 30, 40, 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) penalizing several press-related offences by sentences of imprisonment which, under the terms of sections 24, 28 and 29 of the Penal Code and section 35 of Act No. 23-98 on the organization and operation of prisons, involve the obligation to work in prison.

The Committee once again notes the Government’s indication that the revision of the Press Code is still under way, and that provisions are envisaged to amend the sections that are not in accordance with the Convention. According to the Government, the new Code will set out the provisions of the new Constitution, including those establishing guarantees of the freedom and practice of journalism. The Committee notes this information. With reference to its 2012 General Survey on the fundamental Conventions, paragraph 302, the Committee recalls that sanctions involving compulsory labour, including compulsory prison labour, are not compatible with Article 1(a) of the Convention when they are used to punish a prohibition to express peacefully views opposed to or non-violent opposition to the established political, social or economic system. The Committee once again requests the Government to take the necessary measures without delay to bring its legislation into conformity with the Convention. In this regard, it hopes that the new Press Code will be adopted very soon and that it will abolish penal sanctions, and particularly sentences of imprisonment for press-related offences. Pending the adoption of such measures, the Committee requests the Government to provide information on the number of cases in which national courts have had recourse to the above provisions of the Press Code, and the sanctions imposed.

Article 1(d). Imposition of prison sentences involving an obligation to work as punishment for having participated in strikes. For a number of years, the Committee has been drawing the Government’s attention to section 288 of the Penal Code, under the terms of which any person who, through the use of 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 noted the Government’s indication that a Bill regulating the right to strike is in the process of being adopted, and that the national courts have not had recourse to the provisions of section 288 of the Penal Code.

The Committee notes the Government’s indication that a preliminary draft Basic Act on the exercise of the right to strike is under consultation with the economic and social partners, and that the revision of section 288 of the Penal Code is also envisaged as part of the current reform of the Penal Code. The Committee hopes that, in the framework of this process, the new legislative texts will be in conformity with the Convention, and that it will not be possible to impose sentences of imprisonment involving the obligation to work on workers for peaceful participation in strikes. The Committee requests the Government to provide copies of the new legislative texts when they have been adopted.