Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2164 (Morocco) - Complaint date: 03-DEC-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 133. This case was last examined by the Committee at its November 2005 meeting [see 338th Report, paras. 236-240] and concerns measures taken by the Caisse nationale du Crédit agricole (CNCA) against several workers represented by the National Union of Bank Employees (SNB/CDT) for having exercised trade union activities or taken part in a strike. The Committee acknowledged the Government’s reply of 25 May 2005. It also noted the verdicts, given in Arabic, of the Administrative Division of the Supreme Court (27 June 2002), the Administrative Court of Rabat (10 October 2002), the Court of First Instance of Rabat (25 March 2004) and the Court of Appeal of Rabat (24 August 2004) concerning the position of Mr. Chatri Abdelkader, a member of the trade union executive committee. Since these verdicts were, at that time, still being translated, the Committee moved to examine them at its next meeting.
2. 134. The Committee notes that the Court of Appeal of Rabat overturned the verdict of the Court of First Instance of Rabat. The said verdict ordered that the decision to dismiss Mr. Chatri be reversed and that he be reinstated in his post, on the basis that the original decision was groundless. Recalling that respect for the principles of freedom of association requires that workers should not be dismissed for engaging in legitimate trade union activities, the Committee requests the Government to indicate whether this decision by the Court of Appeal has been appealed. The Committee hopes that, if so, the final decision will be in conformity with the principles of freedom of association.
3. 135. In addition, with regard to the situation of the striking workers and the reasons stated with regard to the steps taken concerning the ten trade union officials referred to by the complainant organization, the Committee regrets that the Government has not provided the information requested on the opening of an independent inquiry to determine whether the striking workers in question were the target of sanctions following their participation in the strike of 13 and 14 June 2001. The Committee regrets that the Government has also failed to provide the decision of the Court of First Instance in respect of the suit filed against the CNCA by 34 temporary workers. The Committee once again requests the Government to keep it informed on this issue and provide it with a copy of the verdict as requested, as soon as possible.