Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 333, Marzo 2004

Caso núm. 2164 (Marruecos) - Fecha de presentación de la queja:: 03-DIC-01 - Cerrado

Allegations: Various sanctions imposed following the exercise of the right to strike; transfer of trade union officers; refusal to engage in social dialogue

1. 600. The Committee examined this case when it met in May-June 2002 and submitted an interim report to the Governing Body [see 328th Report, paras. 477-490], which was approved by the Governing Body at its 284th Session in June 2002.
2. 601. The Government sent its reply in communications dated 6 January 2004.
3. 602. Morocco has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); it has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 603. The case concerns acts of anti-union discrimination alleged to have been committed following a labour dispute between the Caisse nationale du Crédit agricole (CNCA) and the National Union of Bank Employees (SNB)/CDT that led to two strikes on 12 April and 13-14 June 2001. The following acts are alleged to have been committed: (1) the expulsion or suspension of 34 temporary workers, including two members of the trade union executive committee, Mr. Karim Rachid and Mr. Aziz Youssef, following the strike of 12 April 2001; (2) the disciplinary suspension of Mr. Chatri Abdelkader; (3) sanctions imposed on workers who had taken part in the strike of 13-14 June 2001, including the transfer of union officers: Mr. Kamar Bensalem; Mr. Faiçal Balafrej; Mr. Jamal Boudina, whose definitive dismissal from the CNCA followed on 7 December 2001; Mr. Ahmed Arrout; Mr. Abdessamad Mammad; Mr. Mustapha Hafidi; Mr. Mustapha Kounech; Mr. Mahjoube Ennaj; Mr. Said Benjamae; Mr. Lahcem Chkha; Ms. Naja Mimouni; and Ms. Ouafae Chmaou.
2. 604. In its previous examination of the case in May-June 2002, the Committee made the following recommendations [see 328th Report, para. 490]:
   • (a) The Committee requests the Government to send, without delay, detailed information on all the allegations and, in particular, on the persons mentioned by the complainant as having been victims of acts of anti-union discrimination following their participation in the strikes of 12 April and 13 and 14 June 2001.
   • (b) The Committee requests the complainant to provide, without delay, additional information on the status in the SNB/CDT of Mr. Kamar Bensalem and Mr. Faiçal Balafrej, as they appear to have played an important role in the labour dispute in the CNCA.

B. The Government’s reply

1. 605. In its communications of 6 January 2004, the Government reiterates its previous response to the allegations concerning Mr. Kamar Bensalem, General Secretary of the executive committee and his assistant, Mr. Faiçal Balafrej. The Government claims that this case is an inter-union dispute between the national committee and the union executive committee of the SNB/CDT, rather than a dispute with the CNCA.
2. 606. Furthermore, the Government refutes all allegations of refusal to engage in social dialogue and states that it has always made sure that social dialogue is constant and constructive. Moreover, in order to ensure adequate protection for workers’ and employers’ organizations against any act of interference by each side against the other, the Government has adopted Law No. 11-98. This Law amends Decree No. 1-57-119 of 16 July 1957 on trade unions, which, inter alia, prevented any individual or legal entity from hindering the exercise of the right to organize. The Government also stresses that it has recently taken a number of measures, including, in particular, the adoption of a new Labour Code, published in the Official Bulletin of 8 December 2003.

C. The Committee’s conclusions

1. 607. The Committee deplores the fact that, in spite of the express recommendation it made in its previous examination of the case [see 328th Report, para. 490(a)], the Government has failed to provide any information regarding the allegations of: (1) the expulsion or suspension of 34 temporary workers, including two members of the trade union executive committee, Mr. Karim Rachid and Mr. Aziz Youssef, following the strike of 12 April 2001; (2) the disciplinary suspension of Mr. Chatri Abdelkader; (3) the sanctions imposed on workers who took part in the strike of 13 and 14 June 2001, including the transferral of the following union officials: Mr. Jamal Boudina, whose definitive dismissal from the CNCA followed on 7 December 2001; Mr. Ahmed Arrout; Mr. Abdessamad Mammad; Mr. Mustapha Hafidi; Mr. Mustapha Kounech; Mr. Mahjoube Ennaj; Mr. Said Benjamae; Mr. Lahcem Chkha; Ms. Naja Mimouni; and Ms. Ouafae Chmaou.
2. 608. The Committee recalls that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests, and that no one should be penalized for carrying out or attempting to carry out a legitimate strike. In particular, the dismissal of workers because of a strike, which is a legitimate trade union activity, constitutes serious discrimination in employment and is contrary to Convention No. 98 [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 590 and 591]. In this regard, the Committee notes that Decree No. 1-57-119 of 16 July 1957 on trade unions, as amended and complemented by Law No. 11-98, prohibits, inter alia, any act of anti-union discrimination, and provides for severe penalties for violation of this prohibition.
3. 609. In these circumstances, the Committee requests the Government to ensure that inquiries are instituted as soon as possible to determine whether: (1) the 34 temporary workers, including two members of the trade union executive committee, Mr. Karim Rachid and Mr. Aziz Youssef, were treated prejudicially because of their participation in the strike of 12 April 2001; (2) Mr. Chatri Abdelkader was subjected to disciplinary suspension because of his trade union activities; and (3) the workers who had taken part in the strike of 13 and 14 June 2001, including the union officers named by the complainant organization, were penalized for their participation in the strike. The Committee requests the Government to keep it informed of the issue as a whole.
4. 610. If it is demonstrated that any or all of the measures taken were anti-union in nature, the Committee requests the Government to take the necessary steps in each case to: (1) rectify immediately the measures taken against the 34 temporary workers, including the union representatives Mr. Karim Rachid, Mr. Aziz Youssef and Mr. Chatri Abdelkader; and (2) reinstate the strikers who were dismissed, particularly the union officers named by the complainant organization, with payment of unpaid wages. Where reinstatement is impossible, the workers concerned should be paid adequate compensation. Finally, the Committee requests the Government to ensure the strict implementation of legislative provisions for the protection of workers against acts of anti-union discrimination and to keep it informed on the issue as a whole.
5. 611. As regards Mr. Kamar Bensalem, General Secretary of the executive committee, and his assistant, Mr. Faiçal Balafrej, the Committee notes that the complainant organization has not sent additional information regarding their status within the SNB/CDT as requested by the Committee in its recommendations during the previous examination of the case [see 328th Report, para. 490(b)]. The Committee notes the information provided by the Government, according to which the national executive committee of the SNB/CDT decided to relieve Mr. Bensalem and Mr. Balafrej of their duties on 24 April 2001, after they had published a communication denouncing an agreement concluded on 18 April 2001. The Committee concludes that this aspect of the case concerns an inter-union dispute, for which a solution should be found by the partied concerned, and which does not require any further examination.

The Committee's recommendations

1. 612. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to ensure that inquiries are instituted as soon as possible to determine whether: (1) the 34 temporary workers, including two members of the trade union executive committee, Mr. Karim Rachid and Mr. Aziz Youssef, were treated prejudicially because of their participation in the strike of 12 April 2001; (2) Mr. Chatri Abdelkader was subjected to disciplinary suspension because of his trade union activities; and (3) the workers who had taken part in the strike of 13 and 14 June 2001, including the union officers named by the complainant organization, were penalized for their participation in the strike. The Committee requests the Government to keep it informed on the issue as a whole.
   • (b) If it is demonstrated that any or all of the measures taken were anti-union in nature, the Committee requests the Government to take the necessary steps in each case to: (1) rectify immediately the measures taken against the 34 temporary workers, including the union representatives Mr. Karim Rachid, Mr. Aziz Youssef and Mr. Chatri Abdelkader; and (2) reinstate the strikers who were dismissed, particularly the union officers named by the complainant organization, with payment of unpaid wages. Where reinstatement is impossible, the workers concerned should be paid adequate compensation. Finally, the Committee requests the Government to ensure the strict implementation of legislative provisions for the protection of workers against acts of anti-union discrimination and to keep it informed on the issue as a whole.