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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 39. At its last examination of these cases, the Committee requested the Government to undertake inquiries into the allegations of violations of freedom of association, including bodily injury, in the BISMA, SINET, and FILARSY enterprises (see 305th Report, paras. 397 to 412).
- 40. In its communication dated 2 December 1996, the Government states that the national legislation recognizes the right to strike and to bargain collectively for workers. The number of strikes called by trade unions in the private and public sectors without any measures being taken against the persons exercising this right is proof. Moreover, the Government adds that, in 1996, it came to an agreement with the social partners on the terms of a declaration according to which they restated their commitment to the free exercise of freedom of association, the conclusion of collective agreements and the reinstatement, within the framework of a tripartite investigatory and conciliation committee, of workers dismissed for their trade union activities. The Government specifies that the committee, which has begun its work, will have before it existing collective disputes and will try to identify solutions which are acceptable to all parties concerned. Finally, the Government indicates that the intervention of the police during certain conflicts was justified by the need to maintain public order and that charges were lodged only against those workers who had broken the law and committed acts of violence.
- 41. The Committee takes note of this information but nevertheless deplores that the Government has not furnished any specific information concerning the recommendations made when the case was last examined. It once again requests the Government to rapidly undertake an impartial and independent inquiry in order to fully clarify the facts, determine responsibilities and punish those responsible, and to provide, as a matter of urgency, the results of the investigations concerning: (a) Moukhbir Mohammed, General Secretary of the UMT union of the BISMA enterprise, who was reportedly arrested during a 48-hour strike at Sidi Slimane on 26 July 1994 and the subject of physical assault and; (b) the arrests during the same strike at the UMT local headquarters at Sidi Slimane of 11 workers, including the Deputy General Secretary of the local UMT union, Mr. Khallaf Saïd, the General Secretary of the UMT union in the BISMA enterprise, Mr. Moukhbir Mohammed, and his deputy, Mr. Bouzidi Cherkaoui. Finally, the Committee requests the Government to communicate information concerning the appeals lodged by four shop stewards at SINET (Bouna Houcine, Mouzoune Hassan, Attor Ahmed and Lachgar Brahim) and by the seven unionists at the FILARSY enterprise and to keep it informed of the judgements handed down in these cases. The Committee once again expresses the firm hope that, if the court concludes that these workers were dismissed as a result of their trade union activities, the Government will take the necessary measures to enable them to be reinstated in their jobs.
