Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

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

Article 1(c) and (d) of the Convention. The Committee takes note of the Government's reply to its previous observations.

1. The Committee's previous observations referred to the comments of the Democratic Confederation of Labour (CDT) and the General Union of Moroccan Workers (UGTM), concerning the fact that section 5 of Decree No. 2-57-1465 of 8 February 1958 provides penalties for any coordinated stoppage or collective act of indiscipline by public servants. The Committee observed that, unless such penalties were applicable only to essential services in the strict sense of the term, section 5 would allow the exaction of compulsory prison labour, contrary to the terms of the Convention.

2. In this connection, the Committee notes the Government's statement to the effect that the right to strike is freely exercised in both the public and the private sectors. It therefore requests the Government to ensure that the text in question is brought into conformity with the Convention, to avoid any threat of forced or compulsory labour being imposed under conditions that are not compatible with the Convention.

3. The Committee also noted the comments of the Moroccan Labour Union (UMT) concerning section 288 of the Penal Code, which provides for a sentence of imprisonment (involving compulsory labour) for acts of violence, the use of force, threats or fraudulent activities during certain types of stoppage. The Committee takes note of the Government's commitment in this regard and trusts that it will provide with its next report copies of any rulings handed down by the courts.