Rapport intérimaire - Rapport No. 238, Mars 1985

Cas no 1054 (Maroc) - Date de la plainte: 23-JUIN -81 - Clos

1. 205. The Committee has examined this case on several occasions, the most recent being at its February 1984 meeting, when it presented an interim report to the Governing Body. (See 233rd Report, paras. 318 to 337, approved by the Governing Body at its 225th Session (February-March 1984).)
2. 206. Since that time, the Government has submitted its observations in a communication received in the ILO on 18 January 1985.
3. 207. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 208. The complaints related to the death and injuries suffered by several hundred persons during demonstrations surrounding the 24-hour general strike called by the Democratic Confederation of Labour (CDT) on 20 June 1981; the arrest of trade unionists and in particular of national trade union leaders belonging to the CDT; the closure of the CDT premises; and dismissals in various sectors after the strike.
2. 209. At its February-March 1984 Session, the Governing Body approved the following conclusions drawn up by the Committee:
   • - The Committee noted that all the trade union leaders referred to in the complaints had been released and that the country was preparing for legislative elections in early 1984 with, according to the Government, the full participation of trade unionists; the Committee requested the Government to confirm whether all the trade unionists who had been released had been able to resume their trade union activities.
   • - The Committee once again noted with profound regret that the Government had supplied no further information on the alleged death of numerous persons during the demonstrations that had taken place on the occasion of the 20 June 1981 general strike. The Committee again urged the Government to state whether a judicial inquiry had been held into the circumstances of these deaths and, if so, to inform it of the outcome of this inquiry.
   • - As regards the allegations that two trade union headquarters remained closed under the 1981 decrees, the Committee recalled that the right to protection of trade union property was one of those civil liberties which are essential for the normal exercise of trade union rights; it requested the Government to take the necessary measures for the reopening of these premises and to keep it informed of developments in this regard.
   • - As regards the trade unionists who had participated in the 1981 strike, and who were still refused reinstatement in their jobs, the Committee recalled that when trade unionists and trade union leaders are dismissed for striking there are grounds for concluding that they have been penalised for their legitimate exercise of trade union activities and that they are subject to anti-union discrimination contrary to the principles of freedom of association; the Committee requested the government to inform it of any measures that might be taken towards their reinstatement.

B. The Government's reply

1. 210. In its reply the Government states that the trade unionists who have been released are carrying on their trade union activities without restriction. It adds that the royal pardon decided with regard to the trade unionists enabled them to exercise their economic and political rights during the comnunal, municipal and trade union elections that were held in June 1983. Moreover, the General Secretary of the Democratic Confederation of Labour had the opportunity to take part in the work of the 70th Session of the International Labour Conference, and on 14 September 1984 all trade union groups were able to take part in the legislative elections in which all political and social tendencies are represented.
2. 211. As regards the circumstances of the deaths which occurred during the demonstrations organised on the occasion of the general strike called by the CDT on 20 June 1981, the Government is of the opinion that the unfortunate consequences of these events have been adequately commented on at length in the replies previously sent to the Committee. It adds that there is no need to recall the tragic outcome of these demonstrations, since the situation has now become fully normal.
3. 212. As regards the other conclusions of the Committee, the Government states that it has noted them and that measures have been taken to enable trade unions to exercise their trade union rights fully and in complete independence. It points out that the trade unionists who had participated in the demonstrations of 20 June 1981 and who were legally dismissed or suspended have now been reinstated in their jobs and that certain of them are at present sitting in Parliament following the most recent legislative elections.

C. The Committee's conclusions

1. 213. The Committee notes the observations made by the Government in its latest reply. In particular, it notes that the trade unionists released following a royal pardon have been able to resume their trade union activities, and that those who were dismissed following the demonstrations of June 1981 have been reinstated in their jobs.
2. 214. The Committee must, however, observe with regret that, despite its repeated requests, the Government has not indicated whether a judicial inquiry was made into the many deaths of workers that took place on the occasion of the general strike called by the CDT in June 1981. In these circumstances the Committee can only recall that it considers that events of such gravity should have led the authorities to take effective measures to elucidate the facts and determine responsibilities. It, accordingly, again requests the Government to state whether an inquiry has been carried out and, if so, to give information on the outcome.
3. 215. The Committee also notes that the Government has confined itself to stating in general terms that measures have been taken to enable trade unions to exercise their trade union rights freely and in full independence, without stating specifically whether the two trade union offices closed under decrees adopted in 1981, have been reopened. The Committee must, therefore, recall the importance it attaches to the protection of trade union property. It expresses the hope that the two trade unions affected by this measure have now fully recovered the use of their premises, and requests the Government to supply information in this regard.

The Committee's recommendations

1. 216. In these circumstances the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) The Committee notes that the released trade unionists have been able to resume their trade union activities and that those who were dismissed have been reinstated in their jobs.
   • (b) The Committee observes with regret that the Government has not indicated whether a judicial inquiry had been made into the many deaths that occurred during the June 1981 demonstrations. It considers that events of such gravity should have led the authorities to take effective measures to elucidate the facts and determine responsibilities. It again requests the Government to indicate whether an inquiry has been carried out and, if so, to communicate the results thereof.
   • (c) The Committee recalls the importance it attaches to the protection of trade union property. It expresses the hope that the two trade unions affected by the closure of their headquarters have now fully recovered the use of their premises, and requests the Government to supply information in this regard.