Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Maroc (Ratification: 1966)

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Article 1(d) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for participating in strikes. In its previous comments, the Committee noted that section 288 of the Penal Code provides that 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 objective 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 involving the obligation to work (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). Noting that a basic Bill on the exercise of the right to strike and a draft reform of the Penal Code were under preparation, the Committee requested the Government to ensure that the new legislative texts were in conformity with the Convention.

The Government indicates in its report that a social agreement concluded on 30 April 2022 sets out a schedule for the adoption of the basic Bill on the exercise of the right to strike. The Government adds that the revision of section 288 of the Penal Code is still on the agenda of the overall reform that is being undertaken of the Penal Code. The Committee notes in this regard that, in its 2022 annual report on the situation of human rights in Morocco, the National Human Rights Council recommends the Government to accelerate the adoption of the Bill to amend and supplement the Penal Code and to complete the procedure for the approval of basic Bill No. 97-15 on the conditions and procedures for the exercise of the right to strike.

Recalling that Article 1(d) of the Convention prohibits any type of compulsory labour as a punishment for participating in strikes, the Committee expects that the basic Bill on the exercise of the right to strike and the Bill to amend and supplement the Penal Code which are to be adopted will take into account the obligations deriving from the Convention and the above comments so as to ensure that no sentence involving compulsory labour (including compulsory prison labour) can be imposed as a punishment for peaceful participation in a strike.

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