Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the absence of provisions in the legislation explicitly criminalizing trafficking in persons, and accordingly it encouraged the Government to take the necessary measures for the adoption of comprehensive legislation to combat trafficking in persons.

The Committee notes with interest the adoption of Act No. 27-14 on combating trafficking in persons, promulgated by Dahir No. 1-16-104 of 18 July 2016. It notes that the Act amends the provisions of the Penal Code relating to trafficking in persons, and provides that the definition of exploitation includes sexual exploitation, in particular exploitation of the prostitution of others as well as exploitation through pornography, including by means of electronic communication. The Act also covers exploitation through forced labour, bondage, begging, slavery or practices similar to slavery (section 448.1 of the Penal Code). Moreover, it establishes a prison sentence of from five to ten years and a fine for the offence of trafficking (section 448.2).

The Committee notes the Government’s indication in its report that, under the provisions of Act No. 27-14, the State is responsible for providing, within the means available, protection, medical care and psychological and social assistance for victims of trafficking. It must also provide them with temporary shelter and with necessary legal assistance, and facilitate their social integration or their voluntary return to their country of origin or residence (section 4). Moreover, with regard to judicial proceedings for cases of trafficking in persons, victims of trafficking are exempt from court fees for civil actions seeking damages for this offence. Victims and their dependants are also entitled to legal assistance, including for appeals. The scope of legal assistance extends, ipso jure, to all measures executing judicial decisions (section 5). The Committee also notes that the mandate of a national commission responsible for coordinating anti-trafficking measures includes the development of a national plan of action to combat trafficking in persons.

The Committee also notes that, in her report of 2017, the Special Rapporteur of the United Nations on trafficking in persons, especially women and children, recommended that Morocco develop a national plan of action related to the law on “human trafficking” and set out clear indicators to measure progress and the impact of police responses; design a mechanism for the collection of data on cases of trafficking; increase efforts to prosecute traffickers; and establish the necessary legal framework and procedures in order to ensure that victims and witnesses were protected (A/HRC/WG.6/27/MAR/2, paragraph 46). The Committee requests the Government to provide information on the application in practice of Act No. 27-14 on combating trafficking in persons, including the number of investigations, prosecutions and convictions for trafficking in persons, for purposes of sexual and labour exploitation, as well as the specific sentences handed down to convicted persons. The Committee also requests the Government to indicate the measures taken or envisaged to adopt a national plan of action to combat trafficking, as envisaged by Act No. 27-14.

Article 2(2)(d). Requisitioning of persons. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal several legislative texts which authorize the requisitioning of persons and property to meet national needs (the Dahirs of 10 August 1915 and of 25 March 1918, reproduced in the Dahir of 13 September 1938 and reintroduced by Decree No. 2-63-436 of 6 November 1963). The Government indicated that the Dahirs of 25 March 1918 on civil requisitions and of 11 May 1931 on requisitions to maintain public security, tranquillity and health are only applicable in practice in cases of force majeure. The Committee urged the Government to take the necessary measures to ensure the repeal or amendment of the Dahir of 1938.

The Committee notes the Government’s indication that even if the Dahir of 13 September 1938 on the general organization of the country during wartime, belongs to the category of legal texts dating back to the protectorate period, its application remains closely linked to the spirit of the Constitution of 2011, which established the principle of solidarity in bearing the burden arising out of cases of force majeure. The Committee nevertheless recalls that these texts go beyond what is authorized by Article 2(2)(d) of the Convention, under the terms of which powers of requisitioning, and therefore to impose labour, should be limited to any circumstance that would endanger the existence or the well-being of the whole or part of the population; however, the provisions of the Dahir of 1938 are drafted in such broad terms that they could be applied to a wide range of circumstances, other than force majeure. The Committee therefore once again urges the Government to take the necessary measures to ensure the repeal or amendment of the Dahir of 1938 in order to avoid any legal ambiguity and to ensure the conformity of national laws and regulations with the Convention and with the practice indicated.

The Committee is raising other matters in a request addressed directly to the Government.