Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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 or opposition to the established political, social or economic system. The Committee notes that several provisions of the Penal Code of 1963, as amended, provide for sentences of imprisonment involving an 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) in circumstances which could fall within the scope of Article 1(a) of the Convention. The provisions concerned are the following:

• section 179 respecting defamation, slander and offensive behaviour towards the King or members of the royal family;
• section 263 respecting contempt towards a public official in the exercise of her or his duties;
• section 265 respecting contempt for established bodies;
• section 267(1) respecting contempt for the emblem or symbols of the Kingdom;
• section 267(2) respecting apologies for or incitation to contempt for the emblem or symbols of the Kingdom; and
• section 267(5) respecting action prejudicial to the monarchy.

The Committee notes that, in its 2022 annual report on the situation of human rights in Morocco, the National Human Rights Council indicates that it has recorded cases of the prosecution and conviction of citizens for publishing content on social networks. It recommends the Government to strengthen the protection of human rights defenders, including journalists and media professionals who cover peaceful demonstrations, and to amend all criminal law provisions respecting freedom of expression. In this regard, the Committee also notes that, according to the compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights of 29 August 2022 for the Universal Periodic Review, the United Nations country team noted that journalists and others were continuing to be prosecuted and convicted under the Penal Code (A/HRC/WG.6/41/MAR/2).

The Committee recalls that Article 1(a) of the Convention prohibits recourse to forced or compulsory labour (including compulsory prison labour) as a punishment for expressing political views or views opposed to the established political, social or economic system. The activities that must not be punished by a penalty involving compulsory labour include those carried out within the framework of the freedom of expression of political or ideological views (orally, through the press or other media). The Committee therefore requests the Government to provide information on the manner in which it ensures, in both law and practice, that no punishment involving compulsory labour, particularly within the framework of a sentence of imprisonment, may be imposed on persons who express political views or peaceful opposition to the established political, social or economic system. The Committee requests the Government to provide statistical information on the application of the above sections of the Penal Code, including copies of any court rulings, with an indication of the penalties imposed and the acts giving rise to the convictions.