Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Repression of vagrancy. In its previous comments, the Committee noted that under section 329 of the Penal Code, persons convicted of vagrancy may be sentenced to imprisonment for a term of between one and six months. It noted the information provided by the Government that this section does not apply to persons without employment who have their own means of subsistence, such as an inheritance, nor to persons who have sought employment without success, but only applies to persons whose failure to work is likely to become a nuisance to others, particularly if they have no abode or means of subsistence. In practice, the courts endeavour to establish adequate proof, such as the absence of a fixed address and means of subsistence, a person’s failure to work despite being able to do so, failure to provide evidence of having sought work unsuccessfully, or refusal of employment when offered. The Committee noted with interest the fact that none of the convictions for vagrancy cited by the Government related to convictions based on the mere offence of vagrancy alone. On the contrary, they related to convictions for the offence of vagrancy accompanied by other offences, including acts of violence, robbery or attempted robbery and begging. The Committee nevertheless drew the Government’s attention to section 329 of the Penal Code, which provides a much broader definition of vagrancy than that applied by the courts, since this section defines as a vagrant "any person without a fixed home or means of subsistence, who does not normally exercise an occupation or trade despite being able to do so and who is unable to show evidence of having sought employment, or has refused paid work when it has been offered". Such a definition could constitute an indirect means of forcing a person to work. The Committee notes that the Government has not provided any information on this subject in its latest reports. It once again requests the Government to provide information on the measures adopted or envisaged to amend section 329 of the Penal Code so as to ensure that the legislation reflects the practice followed by the courts and to guarantee that persons with no fixed address or means of subsistence, who are not engaged in any occupation or trade, and who are not disturbing the public order or security in any way, cannot be classified as vagrants and punished with the penalty envisaged in section 329 of the Penal Code.

Article 2, paragraph 2 (c). Labour exacted from convicted persons. Work of general interest. The Committee notes that section 26 of Decree No. 2-00-485 of 3 November 2000 determining the means of application of Act No. 23-98 envisages the possibility of convicts being employed outside the establishment on work of general interest. So that it can assess the effect that this provision may have on the application of the Convention, the Committee once again requests the Government to specify whether such work may be performed for the benefit of private individuals or companies, including associations. If so, please provide information on the conditions under which such work is performed (the consent of convicted persons, the types of work performed, working hours, etc.).

Trafficking in persons. In its previous comments, the Committee requested more detailed information on the measures adopted by the Government to combat the trafficking in persons, particularly with regard to points 1(b), 2 and 3 of its general observation of 2001. In its last two reports, the Government has not provided specific information in this respect. It nevertheless refers to certain amendments made to the Penal Code, and particularly section 467-1, which establishes a penalty of imprisonment of between two and ten years and a fine for the sale of young persons under 18 years of age. The sale of young persons is understood to mean any act or transaction involving the transfer of a young person from any individual or group of individuals to another individual or group of individuals in exchange for remuneration. While noting this provision with interest, the Committee would be grateful if the Government would provide information on the provisions of the national legislation under which those responsible for the trafficking of persons in general, and not only young persons, whether for sexual exploitation or labour exploitation, can be prosecuted and penalized.

The Committee notes that, in the report on her visit to Morocco in October 2003, the Special Rapporteur on the human rights of migrants of the Human Rights Commission of the United Nations called upon the Government "to acknowledge the existence of prostitution and of the exploitation of sub-Saharan migrants and to establish suitable instruments for the protection, assistance and rehabilitation of victims of trafficking in human beings" (E/CN.4/2004/76/Add.3, paragraph 78). In the debate which followed the presentation of this report, the representative of Morocco indicated that, in its awareness of the gravity and complexity of this phenomenon, Morocco had adopted a strategy in which priority was given in government action to combating networks for the trafficking in human beings. The Committee requests the Government to provide information on the measures adopted in the context of this strategy and the results achieved. Please provide information on the prosecution of persons responsible for such trafficking, the judicial procedures initiated against them, the manner in which victims of trafficking have been encouraged to turn to the authorities and the protection provided to them, as well as the difficulties encountered by the public authorities in preventing and combating the trafficking in persons.