Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 29) sur le travail forcé, 1930 - Maroc (Ratification: 1957)

Autre commentaire sur C029

Observation

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the absence of provisions in the legislation explicitly criminalizing trafficking in persons, and accordingly it encouraged the Government to take the necessary measures for the adoption of comprehensive legislation to combat trafficking in persons.

The Committee notes the Government’s indication that, during the course of 2014, a number of activities were undertaken in the field of trafficking in persons, including a study visit to France and Belgium to gain familiarity with systems for the identification, protection and assistance of victims of trafficking, a training workshop for judges and representatives of the ministerial departments concerned with trafficking, and information and awareness-raising campaigns.

However, the Committee notes that an appropriate legislative framework to combat trafficking in persons has still not been established, despite the recommendations made by the Special Rapporteur on trafficking in persons, especially women and children, during her visit in June 2013. The Committee notes that, according to the Special Rapporteur, there is no specific definition of trafficking in persons in the legislation and that, despite the existence of other relevant provisions on trafficking, such as in the Penal Code, significant gaps remain (A/HRC/26/37/Add.3, paragraph 24). The Committee also notes that a Bill to combat trafficking in persons has been formulated and is in the process of being adopted.

The Committee firmly urges the Government to take the necessary measures for the adoption of legislation to combat trafficking in persons and to provide a copy of the final text when it has been adopted. The Committee also requests the Government to provide information on the court proceedings initiated in cases of trafficking and, where appropriate, the penalties imposed.

Article 2(2)(d). Requisitioning of persons. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal several legislative texts which authorize the requisitioning of persons and property to meet national needs (the Dahirs of 10 August 1915 and 25 March 1918, reproduced in the Dahir of 13 September 1938 and reintroduced by Decree No. 2 63-436 of 6 November 1963).

The Committee notes the Government’s indication that the Constitution of 2011 establishes the principle of solidarity in bearing the burden arising out of cases of force majeure. The Government adds that the Dahirs of 25 March 1918 on civil requisitions and of 11 May 1931 on requisitions to maintain public security, tranquillity and health are only applicable in practice in cases of force majeure.

The Committee recalls once again that the texts referred to above exceed the scope of the exception provided for under Article 2(2)(d) of the Convention, under the terms of which powers of requisitioning, and therefore to impose labour, should be limited to any circumstance that would endanger the existence or the well-being of the whole or part of the population. The Committee therefore urges the Government to take the necessary measures to ensure the repeal or amendment of the Dahir of 1938 in order to ensure the conformity of national laws and regulations with the Convention and with the practice described above.

Article 25. Application of really adequate penal sanctions. For many years, the Committee has been drawing the Government’s attention to the undissuasive nature of the penalties set out in section 12 of the Labour Code against persons requisitioning employees to perform forced labour against their will (a fine of between 25,000 and 30,000 dirhams (MAD) and, in the event of repeated offences, a fine of double that amount and imprisonment for between six days and three months, or one of these two penalties).

The Committee notes the Government’s indication that only the public authorities can have recourse to powers of requisitioning to confront urgent needs of the population, and that no individual can exercise such powers. Furthermore, penalties are established in the Labour Code to prevent any attempt to requisition employed persons to carry out forced labour. The Government adds that the Committee’s comments will be taken into consideration in the forthcoming revision of the Penal Code. It adds that labour inspectors have not reported any cases of the violation of the legislative provisions respecting forced labour, and that no rulings have been issued by the competent courts.

The Committee expresses its concern as to the lack of dissuasive nature of the penalties set out in section 12 of the Labour Code and recalls that a fine or a short prison sentence cannot be considered an effective penalty in view of the gravity of the offence, on the one hand, and the need for the penalties to be of a dissuasive nature, on the other. The Committee therefore hopes that, in the context of the current review of the Penal Code, the Government will take the necessary measures to criminalize forced labour so as to ensure that persons who have recourse to forced labour are liable to really adequate and dissuasive penal sanctions.

The Committee is raising other matters in a request addressed directly to the Government.