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

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 also noted the Government’s indication that the revision of the Press Code was still under way, and that provisions were envisaged to amend the sections that were not in line with the Convention. The Committee requested the Government to take the necessary measures without delay to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication in its report that Act No. 89-11 on the conditions of service of professional journalists was promulgated by Dahir No. 1-6-51 of 27 April 2010. The Act defines the occupation of journalism, the various categories of journalists, the requirements for the issuance of an occupational card, the employment relationship within the newspaper undertaking, as well as the various types of termination of employment. The Government also indicates that a National Press Council (CNP) has been established (Act No. 90-13, Dahir No. 1-16-24 of 10 March 2016). The CNP is responsible, inter alia, for guaranteeing and ensuring the right of citizens to pluralist information and promoting freedom of the press and publication. The Committee notes with satisfaction that, under sections 71, 83 and 84, the offences of defamation and of attacking religion or the monarchical regime in periodicals are no longer penalized by prison sentences involving an obligation to work.

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 previously noted the Government’s indication that a Bill regulating the right to strike is in the process of being adopted and, moreover, 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 an organic Bill on the exercise of the right to strike was submitted to Parliament during the legislative period 2013–16. The Bill, which is currently the subject of ongoing consultations with the economic and social partners with a view to its joint approval by all the stakeholders, is an integral part of the government legislative plan for the period 2017–21. It should also be noted that the issue of amending section 288 of the Penal Code will still be examined as part of the comprehensive reform of the Penal Code under way. The Committee once again 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.