Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Marruecos (Ratificación : 1957)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants to leave their employment. In its previous comments, the Committee requested the Government to amend section 77 of the Dahir of 24 February 1958 establishing the general conditions of employment in the public service, under the terms of which the resignation of a public servant does not come into effect unless it is accepted by the authority vested with the power of appointment, which may refuse the request to resign based on the needs of the service or when it is impossible to replace the official who resigns. The Committee also noted the Government’s indication that, in 2013, it had initiated the process of reviewing the general conditions of employment in the public service in consultation with the social partners, and that the amendment of section 77 would be examined.

The Committee notes the Government’s indication in its report that section 77 of the general conditions of employment in the public service provides that the resignation of a public servant is subject to the prior and discretionary acceptance (within a period of one month from the date of submission of resignation) of the employing Administration. Should the Administration refuse to accept the resignation, the interested party may refer to the joint administrative commission, which is composed of representatives of the administration and representatives of public servants. The commission issues an opinion and transmits it to the competent authority. The Government also indicates that the 2017–21 government plan includes, as a priority in the second pillar, the reform of the Administration and public establishments through the review of the public service system, methods of management and administrative procedures. Pending the review of the public service system, the Committee requests the Government to provide information on the application in practice of section 77 of the general conditions of employment in the public service, including the number of cases in which requests for resignation have been refused, the grounds for these refusals and the total period during which the requests for resignation have been refused. It also requests the Government to provide information on the number of persons who have referred to the joint administrative commission.

2. Repression of vagrancy. For a number of years, the Committee has been drawing the Government’s attention to the broad definition of vagrancy contained in section 329 of the Penal Code, under the terms of which a vagrant, who is liable to a prison sentence of from one to six months, is defined as any person of no fixed abode or means of subsistence, who does not normally exercise an occupation or trade, despite being fit for work, and who is unable to show evidence of having sought employment or who has refused paid work when it has been offered. As such provisions could constitute an indirect means of forcing a person to work, the Committee requested the Government to amend section 329 of the Penal Code. The Committee noted the Government’s indication that the revision of the Penal Code was planned for the period 2013–16, and that in this context the amendment of section 329 would be taken into account.

The Committee notes the Government’s indication that the institutional and social framework has been strengthened by the establishment of institutions to provide care for homeless persons (Act No. 65-15 on social protection institutions, promulgated by Dahir No. 1.18.25 of 12 April 2018). These institutions are responsible for, inter alia, receiving such persons and providing them with accommodation, food, guidance, social assistance and social mediation. Therefore, in the absence of public disorder, persons of no fixed abode or means of subsistence are cared for by such institutions so that they may be reintegrated into the labour market and society. The Committee takes due note of this information. It hopes that following the measures taken to promote the reintegration of homeless persons, the Government will review section 329 of the Penal Code which broadly defines vagrancy and as such may constitute an indirect compulsion to labour.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that no use had been made of section 40 of Act No. 23-98, under the terms of which no prisoner may work for a private individual or company unless this is under a concession and an administrative agreement determining, inter alia, the conditions of employment and remuneration. The Committee noted the Government’s indication that no such agreement had been concluded between the prison administration and a private enterprise.

The Committee notes the Government’s indication that the sections that follow section 40 of Act No. 23-98 on the organization and operation of prisons make the provisions of the Labour Code on conditions of labour applicable to prison labour. The Government also indicates that in 2016, a national day on prison labour for the benefit of private individuals or private bodies was organized, as envisaged by section 40 of Act. 23-98. The Government indicates, for example, that between 2002 and 2016, the Mohammed VI Foundation for prisoner reintegration created 58 vocational training centres for young prisoners wishing to learn a trade while incarcerated. Thanks to such centres, more than 25,000 prisoners continue their studies every year (literacy, non-formal education, primary, secondary and tertiary education), or roughly two-thirds of the prison population. While noting this information, the Committee requests the Government to indicate the conditions, particularly in relation to remuneration, in which prisoners work for the benefit of private entities. Please also provide examples of administrative agreements concluded between prison administrations and private enterprises.