Rapport définitif - Rapport No. 294, Juin 1994

Cas no 1671 (Maroc) - Date de la plainte: 03-SEPT.-92 - Clos

1. 87. The Committee examined this case at its May 1993 Session (See 287th Report, paras. 469 to 489, approved by the Governing Body at its 256th Session (May 1993)), and formulated interim conclusions. The Democratic Confederation of Labour (CDT) submitted further information in a communication dated 7 December 1993. The Government sent further observations dated 16 February 1994.
2. 88. Morocco has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); it has, however, ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 89. At its May 1993 Session, the Committee examined this complaint which concerned violation of trade unions' freedom of expression and their right to hold meetings as well as allegations concerning the search of trade union premises and the arrest of trade union members. The still pending allegations concern claims that authorities in various towns had entered CDT headquarters and premises and confiscated posters expressing the CDT's position vis-à-vis the new draft Constitution that was to be submitted to a referendum regarding which the CDT was calling for a boycott. Authorities also reportedly prohibited a CDT meeting in the town of Khariba, and law enforcement agents allegedly intervened to prevent the meeting from being held. Leaflets concerning the boycott which the CDT was distributing were also allegedly confiscated.
2. 90. The CDT also pointed out that union members were arrested while distributing the leaflets calling for a boycott of the referendum on the draft Constitution, in particular Mr. Mobarak Abdel Aziz (arrested in Mecknes).
3. 91. The Committee adopted the following recommendations at this session (see 287th Report of the Committee, para. 489):
   • (a) In order to make a fully informed decision in this case, the Committee requests the complainant organization to provide a copy of the statement of its National Council concerning the boycott of the referendum on the new draft Constitution, which it referred to in its allegations.
   • (b) The Committee requests the Government to keep it informed of the situation of Mr. Mobarak Abdel Aziz, arrested in Mecknes.

B. The complainant's further information

1. 92. In its communication of 7 December 1993, the Democratic Confederation of Labour (CDT) provided a copy of the statement by its National Council relative to boycotting the referendum on the new draft Constitution.
2. 93. It states that although article 9 of both the old and new Constitution guarantees freedom of expression and opinion, in practice this freedom has been flagrantly and systematically violated. The CDT's statement refers to the arbitrary arrest of its General Secretary following an interview given to the newspaper "El País" in March 1991 (examined by the Committee under Case No. 1640), specifying the trade union's position regarding the draft Constitution as well as various aspects of foreign policy. It also contains criticism of the Government's social policy. In particular and by way of an example of the violation of human rights, the CDT refers to legal action taken against three Moroccan daily newspapers which published information on the status of the trial of the CDT General Secretary. As concerns more specifically the present case, the CDT points out that during the election campaign concerning the referendum in question, every political and trade union organization which called for boycotting the referendum was denied access to television and radio to explain their respective positions. According to the CDT, the Government has never allowed union officials, in either live or taped broadcasts, to express their opinions on television. This was allegedly confirmed during the indirect legislative elections on 17 December 1993, during which the Government implemented a discriminatory policy vis-à-vis unions, refusing to allow them to express their opinions on television, as has been the case with political parties. Despite a request in this sense made by the CDT to the Government, the latter did not respond. The complainant organization adds that the Minister of the Interior is also the Minister of Information.
3. 94. As regards the arrest of Mr. Mobarak Abdel Aziz, the CDT notes that he has been released by the Mecknes police.

C. The Government's further reply

1. 95. In its reply of 16 February 1994, the Government stated that the inquiry carried out by competent authorities determined that the allegations concerning the arrest of Mr. Mobarak Abdel Aziz, as he was distributing the CDT National Council's literature in Ain Allaouh, in the Afrane district, are entirely groundless.

D. The Committee's conclusions

1. 96. First of all, the Committee takes note of the information furnished by the complainant organization regarding the trade unionist Mr. Mobarak Abdel Aziz who, according to the complainant, was arrested in the town of Mecknes while he was distributing leaflets in which the CDT National Council called for a boycott of the referendum on the new draft Constitution, and then released. While noting that the Government considers the allegations concerning the arrest of this person to be entirely groundless, the Committee points out that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 88.)
2. 97. As regards the declaration by the CDT National Council relative to boycotting the referendum on the new draft Constitution, the Committee observes that this text condemns the arrest and sentencing of Mr. Noubir El Amaoui, General Secretary of the CDT, and Mr. Driss Laghnimi, Regional Secretary of the General Union of Moroccan Workers (UGTM) (matters examined by the Committee under Case No. 1640; see 286th Report of the Committee, paras. 612 to 646, and 292nd Report, paras. 579 to 613), and contains criticism of the Government's economic and social policy, as well as positions concerning the draft Constitution and various aspects of foreign policy.
3. 98. In this regard, the Committee must emphasize, as it has done in previous cases, that it is only in so far as trade union organizations do not allow their occupational demands to assume a clearly political aspect that they can legitimately claim that there should be no interference in their activities. On the other hand, it is difficult to draw a clear distinction between what is political and what is, properly speaking, trade union in character. These two notions overlap and it is inevitable, and sometimes usual for trade union publications to take a stand on questions having political aspects as well as on strictly economic and social questions. The Committee has also reaffirmed the principle as stated by the International Labour Conference in the 1952 resolution concerning the independence of the trade union movement, according to which governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party. (See Digest, op. cit., paras. 359 and 353; see also 292nd Report, Case No. 1640 (Morocco), para. 607.) It would, therefore, seem to the Committee that, States, without prohibiting in general terms political activities of occupational organizations, should be able to entrust to the judiciary authorities the task of repressing abuses which might, in certain cases, be committed by organizations which have lost sight of the fact that their fundamental objective should be the economic and social advancement of their members. (See Digest, op. cit., para. 354.)
4. 99. In this case it appears that administrative authorities have acted to prevent the placing of posters stating the CDT's viewpoint and the holding of union meetings. The Committee considers that this constitutes unacceptable restrictions on trade union activities and draws the Government's attention to the resolution concerning trade union rights and their relation to civil liberties, adopted by the International Labour Conference in 1970, which defines as essential rights the normal exercise of trade union rights, including freedom of opinion and expression, and freedom of assembly.

The Committee's recommendations

1. 100. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While noting that the trade unionist Mr. Abdul Aziz, who was arrested for having distributed leaflets, has been released, the Committee recalls that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association.
   • (b) While emphasizing that it is only in so far as trade union organizations do not allow their occupational demands to assume a clearly political aspect that they can legitimately claim that there should be no interference in their activities, the Committee draws the Government's attention to the principles stated in the resolution concerning the independence of the trade union movement, adopted by the International Labour Conference in 1952. It asks the Government to ensure that these principles be respected in practice and that judiciary authorities be assigned the task of repressing the abuses which might be committed by organizations in this sense.
   • (c) Also drawing the Government's attention to the 1970 resolution concerning trade union rights and their relation to civil liberties, which defines as essential rights the normal exercise of trade union rights, including freedom of opinion and expression and freedom of assembly, the Committee urgently requests the Government to take all necessary measures to guarantee respect for this principle.