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

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

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. 1. Freedom of public servants and career members of the armed forces 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 in the event of the needs of the service or when it is impossible to replace the official who resigns.

The Committee notes the Government’s indication that since 2013 it has 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 will be taken into account. The Committee hopes that, in the context of the revision of the conditions of employment of the public service, the necessary amendments will be made to section 77 so as to ensure that public servants have the right to leave their service by means of notice of reasonable length. In this regard, the Committee recalls if a resignation request is refused on the grounds of the requirements of the service or the impossibility of finding a replacement, the competent authority should not retain the official in employment beyond a reasonable period of time. The Committee also requests the Government to provide information on the number of applications to resign which have been refused and the reasons for such refusal.

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 without a 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 provision may 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 notes the Government’s indication that the revision of the Penal Code is planned for the period 2013–16, and that in this context the amendment of section 329 will be taken into account. The Committee hopes that the Government will be in a position to report progress in the amendment of section 329 of the Penal Code and that, in this context, measures will be taken to ensure that, in the absence of disturbances of public order or safety, homeless persons without means of subsistence, who do not exercise any trade or occupation, are not liable to penalties. The Committee requests the Government to provide a copy of the section, as amended.

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 the conditions of employment and remuneration, among other matters. The Committee acknowledges the Government’s indication that no such agreement has been concluded between the prison administration and any private enterprise.