Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 305, Novembre 1996

Cas no 1691 (Maroc) - Date de la plainte: 23-DÉC. -92 - Clos

Allegations: Anti-union intimidation, arrests and imprisonment of union officers and activists, ill-treatment of a trade union officer, suspension of striking workers, dismissal of trade union officers

• Allegations: Anti-union intimidation, arrests and imprisonment of union officers and activists, ill-treatment of a trade union officer, suspension of striking workers, dismissal of trade union officers
  397. 397 The Committee examined the substance of these cases on two occasions, most recently at its June 1995 meeting, when it presented an interim report to the Governing Body (see 299th Report, paras. 428 459, approved by the Governing Body at its 263rd Session (June 1995)).
  398. 398 Since then, in the absence of reply from the Government, the Committee has had to postpone the examination of this case three times. At its June 1996 Session (see 304th Report, para. 10), the Committee made an urgent appeal to the Government, stating that, in accordance with the procedural rule set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case at its next meeting, even if the observations or information requested from the Government had not been received in due time. The Government has not sent any observations to date.
  399. 399 Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has, however, ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 400. At its meeting in June 1995, the Committee noted with concern that the allegations in these cases pertained to infringements of freedom of association in four Moroccan private enterprises: acts of anti-union discrimination against trade union delegates and trade unionists and violence by the police and authorities during strikes.
2. 401. On that occasion, the Committee had deplored the fact that the Government had not replied to the serious allegations of physical assault allegedly suffered by the General Secretary of the UMT trade union of the BISMA enterprise, Mr. Moukhbir Mohammed, during his arrest in connection with a strike. The Committee had urged the Government to provide its observations on these allegations. It had also requested the Government to conduct immediately an independent inquiry into the circumstances surrounding his arrest, in particular with respect to the physical assault which he allegedly suffered, and to keep it informed of the results of this inquiry (see 299th Report, para. 459(d)).
3. 402. The Committee had also noted with regret that the Government had not provided any information as to developments in the situation of workers of the BISMA enterprise who had been arrested. Eleven workers, including three women, were arrested; they also included the Deputy General Secretary of the UMT branch trade union in Sidi Slimane, Mr. Khallaf Saïd, the General Secretary of the UMT trade union in the BISMA enterprise, Mr. Moukhbir Mohammed, and his deputy, Mr. Bouzidi Cherkaoui. The Committee had urged the Government to inform it whether they had been released and reinstated in their jobs (see 299th Report, para. 459(c)).
4. 403. The Committee had also requested the Government to keep it informed of the results of the appeals lodged by the four trade union delegates and trade unionists of the SINET enterprise, and by the seven workers of the FILARSY enterprise in Casablanca. It had expressed the firm hope that if the court were to conclude that these workers had been dismissed as a result of their trade union activities, the Government would take the necessary measures to enable them to be reinstated in their jobs (see 299th Report, para. 459(b)).

B. The Committee's conclusions

1. 404. The Committee expresses its profound concern at the lack of cooperation on the part of the Government and regrets, in particular, that despite the time which has elapsed since the last examination of these complaints, the Government has not responded to repeated requests, including by means of an urgent appeal, to present its comments and observations on these cases.
2. 405. In these circumstances, in accordance with the applicable rule of procedure (see para. 17 of its 127th Report, approved by the Governing Body at its 184th Session), the Committee finds itself obliged to submit a report on the substance of the case without being able to take into account the information that it had hoped to receive from the Government.
3. 406. The Committee reminds the Government once again that the purpose of the whole procedure instituted by the International Labour Organization to examine alleged violations of freedom of association is to promote respect for this freedom in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side must recognize the importance of formulating for objective examination detailed factual replies to the allegations made against them. (See the Committee's First Report, approved by the Governing Body in March 1952, para. 31.)
4. 407. The Committee notes with profound concern that the allegations in these cases pertain to numerous infringements of freedom of association, including acts of anti-union intimidation, violence by the police, arrests of strikers and physical assault.
5. 408. The Committee deplores the fact that, as regards the acts of anti-union intimidation and allegations of physical assault suffered by Mr. Moukhbir Mohammed, General Secretary of the UMT trade union of the BISMA enterprise, arrested and ill-treated on the occasion of a 48-hour strike on 26 July 1994 in Sidi Slimane, the Government has not replied to these serious allegations. The Committee once again emphasizes the seriousness of these allegations and recalls that, in such cases, an independent judicial inquiry is the only appropriate method of fully ascertaining the facts, determining responsibilities and punishing those responsible. The Committee requests the Government as a matter of urgency to inform it of the developments in the situation. It firmly requests it to take steps to conduct an independent inquiry into the circumstances surrounding the arrest of Mr. Moukhbir Mohammed, in particular with respect to the physical assault which he allegedly suffered, and urges the Government to inform it of the results of this inquiry.
6. 409. As regards the arrest by the police during strikes at the premises of the branch union of the UMT in Sidi Slimane of 11 workers, including three women, as well as the Deputy General Secretary of the UMT branch trade union in Sidi Slimane, Mr. Khallaf Saïd, the General Secretary of the UMT trade union in the BISMA enterprise, Mr. Moukhbir Mohammed, and his deputy, Mr. Bouzidi Cherkaoui, the Committee notes with regret that the Government has not sent any information on developments in the situation of these workers. The Committee notes with concern that these arrests occurred over two years ago and once again emphasizes the principle 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 (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 475). The Committee is also of the opinion that the authorities should not resort to arrests and imprisonment in connection with the organization of or participation in a peaceful strike; such measures entail serious risks of abuse and are a grave threat to freedom of association (see Digest, op. cit., para. 601). In view of the importance of these principles and of the time which has elapsed, the Committee again urges the Government to inform it without delay of the situation of these workers, indicating, inter alia, whether they have been released and reinstated in their jobs.
7. 410. The Committee profoundly regrets the fact that the Government has not transmitted any information on the results of inquiries it had requested the Government to carry out concerning the dismissals of trade union officers in the SINET and FILARSY enterprises in Casablanca or any information on the appeals lodged by these workers. The Committee had requested the Government to hold an independent inquiry to determine the actual reasons for the dismissals on 2 November 1992 of Mr. Bouna Houcine, General Secretary of the UMT enterprise trade union, Mr. Mouzoune Hassan, Deputy General Secretary, and Mr. Attor Ahmed and Mr. Lachgar Brahim, trade union delegates at the SINET enterprise, as well as that of seven members of the UMT trade union executive at the FILARSY enterprise on 22 September 1992. The Committee recalls that the dismissal of workers on grounds of membership of an organization or trade union activities violates the principles of freedom of association and dismissal of workers because of a legitimate strike constitutes discrimination in employment. (See Digest, op. cit., 1996, paras. 702 and 704.) These trade unionists having brought the case before the courts, the Committee had noted that the Government would keep it informed of the results of the appeals lodged. It trusts that, if the court concluded that these workers had been dismissed as a result of their trade union activities, the Government has already taken the necessary measures to enable them to be reinstated in their jobs.
8. 411. Noting that the Government has not provided its observations in several cases recently examined, the Committee deems it necessary, in order to re-establish a climate of cooperation with the Moroccan Government, to request the Director-General to take appropriate measures including through a direct contacts mission if necessary.

The Committee's recommendations

1. 412. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee profoundly regrets that, despite the time which has elapsed since the last examination of these complaints, the Government has not replied to the questions addressed to it, although it has been invited repeatedly, including by means of an urgent appeal, to present its comments and observations on these cases. It reminds the Government once again that the whole purpose of the procedure instituted by the International Labour Organization to examine alleged violations of freedom of association is to promote respect for this freedom in law and in fact, and that if the procedure protects governments against unreasonable accusations, governments on their side must recognize the importance of formulating detailed replies to the allegations made against them.
   • (b) As regards police intervention during strikes, recalling that the authorities should resort to the use of force only in situations where law and order is seriously threatened, the Committee requests the Government to undertake independent, impartial and in-depth inquiries to determine the nature of the police action and responsibilities and to keep it informed of the results.
   • (c) As regards the arrest and physical assault allegedly suffered by Mr. Moukhbir Mohammed, General Secretary of the UMT trade union of the BISMA enterprise, the Committee recalls that, in the event of assaults on the physical or moral integrity of individuals, an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. The Committee once again urges the Government to conduct immediately an impartial and independent inquiry to clarify the facts, determine responsibility and punish those responsible, and to inform it of the results of such inquiries, as a matter of urgency.
   • (d) As regards the situation of trade union officers and trade unionists, some of whom were named by the complainant organizations (inter alia, 11 workers, including three women, as well as the Deputy General Secretary of the UMT branch trade union in Sidi Slimane, Mr. Khallaf Saïd, the General Secretary of the UMT trade union in the BISMA enterprise, Mr. Moukhbir Mohammed, and his deputy, Mr. Bouzidi Cherkaoui), the Committee again requests the Government to conduct impartial and independent inquiries, inter alia into the circumstances surrounding their arrests, and to keep it informed of the results of these inquiries.
   • (e) The Committee once again requests the Government to provide information on the appeals lodged by four trade union delegates of the SINET enterprise (Messrs. Bouna Houcine, Mouzoune Hassan, Attor Ahmed and Lachgar Brahim) and by the seven trade unionists of the FILARSY enterprise, and to keep it informed of the judgements handed down in these cases, as the Government had committed itself to doing. It trusts that, if the court has concluded that these workers had been dismissed as a result of their trade union activities, the Government has already taken the necessary measures to enable them to be reinstated in their jobs.
   • (f) The Committee requests the Director-General to take appropriate measures in order to re-establish a climate of cooperation with the Government, including through a direct contacts mission if necessary.