Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes with regret that the Government's three last reports contain no information in reply to its direct request of 1985.

It is therefore bound to reiterate its previous comments on the following points:

1. Article 2, paragraph 2(a), of the Convention. For several years, the Committee has been drawing the Government's attention to the non-conformity with the provisions of the Convention of section 4 of Royal Decree No. 137-66 concerning the institution and organisation of military service, under which certain recruits may be made available to public administrations for work of a general nature. The Government stated that this practice was not systematic and did not duplicate other economic policy measures or regular vocational training programmes. It added that the recruits were only placed at the disposal of public administrations on a voluntary basis and under conditions of extreme necessity.

The Committee once again requests the Government to supply details on present practice regarding the use of recruits for work of a general nature, to indicate the nature of the work and the number of recruits affected. In addition, it requests the Government to indicate the measures that have been taken or are contemplated to give statutory effect to the practice of placing recruits at the disposal of public administrations only with their consent.

The Committee also notes that by virtue of sections 1, 3, 5, 6 and 9 of the Dahir to issue Act No. 1-73-415 of 13 August 1973, a civic service is established for the holders of certain higher academic qualifications, who are placed at the disposal of administrations in return for remuneration, that civic and military service cannot be combined and that those officials who have performed two years' service prior to finally becoming entitled to the academic qualification are exempted from civic service. The Committee also notes that by virtue of Decree No. 2-80-658 of 12 April 1982, a proportion of the recruits to civic service may be obliged to undergo a 15-month period of military instruction.

Referring to the explanations given in paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requests the Government to supply information on the practical application of the above-mentioned provisions, and in particular the number of holders of certain degrees recruited to perform civic service, their assignment under the provisions of section 6 (as amended) of the Dahir of 13 August 1973 and the possibility of the recruits choosing between civic and military service.

2. Freedom of public servants and career members of the armed forces to terminate their employment. The Committee recalls its request for information regarding national legislation and practice concerning the situation of various categories of persons in the service of the State and particularly with reference to their freedom to leave the service on their own initiative after a reasonable time, either at specified intervals, or by giving notice.

The Committee has noted that, by virtue of section 77 of the Dahir of 24 February 1958 establishing the General Conditions of Employment of the Public Service, the resignation of an official does not come into effect unless it is accepted by the authority within whose competence the power of appointment lies; in the event of the refusal by the competent authority, the person concerned may, under section 78, place the case before the Joint Administrative Committee which issues a reasoned opinion for transmission to the competent authority.

The Committee requests the Government to indicate in its next report whether these provisions are still in force and, if so, to specify the criteria applied by the competent authorities in accepting or rejecting a resignation request and by the Joint Administrative Committee in support of its opinions.

The Committee also once again requests the Government to communicate the text of the provisions applicable to the resignation of career members of the armed forces.