Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes that the Government has not supplied any report. It also notes that the Government has not supplied a reply to the observations made by the Democratic Confederation of Workers (CDT) and the General Union of Workers of Morocco (UGTM) in March 1991 concerning the application of the Convention.

The Committee must therefore repeat its previous observation on the following points:

1. Article 25 of the Convention. In the comments it has been making for many years, the Committee has referred to the absence from the national laws of penal sanctions for the illegal exaction of forced labour. Since 1969, the Government has referred to a draft Labour Code which is to provide for the prohibition of forced or compulsory labour enforceable by penal sanctions. The Committee asks the Government to report on the progress of the draft Labour Code which, according to the Government's previous indications, was to be submitted to Parliament. It hopes that the Labour Code will be adopted shortly and that it will bring the legislation into conformity with the Convention in this respect. 2. Article 2, paragraph 2(c). In its previous comments, the Committee noted the Government's statement that the Dahir of 26 June 1930 concerning the employment of prisoners by private enterprises has not been applied since Morocco gained independence and that it is planned to repeal it in the draft legislation respecting the reform of the prison system. The Committee hopes that the planned amendments to the legislation, to which the Government has been referring for many years, will be adopted in the near future and that the Government will provide the text of the provisions that ensure observance of the Convention on this point. 3. Article 2, paragraph 2(a). The Committee noted the information provided by the Government concerning the provisions under which military recruits may be assigned to work in the general interest and the provisions introducing civic service for certain holders of higher academic qualifications. The Committee is again addressing a direct request on this subject to the Government. 4. Article 2, paragraph 2(d). For many years the Committee has been referring to the provisions of the Dahirs of 10 August 1915 and 25 March 1918, contained in the Dahir of 13 September 1938, as reintroduced by Decree No. 2-63-436 of 6 November 1963, authorising the calling up of persons and the requisitioning of goods in order to satisfy national needs.

The Committee also referred to a Bill amending provisions on the right to call up persons and noted that, although some of the situations envisaged in the Bill were within the limits of Article 2, paragraph 2(d), that was not necessarily the case for others (for example, public transport or the installation or maintenance of public services, other than those essential for the life of the nation, which are also covered by the Bill).

The Committee notes that, in the observations they have made, CDT and UGTM regret that these provisions are still in force and have been applied in strikes.

The Committee again requests the Government to indicate the measures that have been taken or are contemplated to repeal the provisions of the texts mentioned above respecting the right to call up persons, which are incompatible with Article 2, paragraph 2(d) of the Convention, and also to indicate the measures that have been taken or are contemplated with respect to the Bill and the draft implementing Decree to be issued thereunder, which had also been mentioned by the Government, to ensure that, under the legislation, the conditions conferring the right to call up persons are expressly limited to situations endangering the existence or well-being of the whole or part of the population.

The Committee hopes that the Government will reply to the observations of CDT and UGTM.

The Committee hopes that the Government will take the necessary measures to bring the national legislation into conformity with the Convention.