Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 304, Juin 1996

Cas no 1712 (Maroc) - Date de la plainte: 17-AVR. -93 - Clos

Allegations: Anti-union intimidation, arrest and imprisonment of trade union officials and activists, suspension of striking workers

1. 365. The Committee examined the substance of this case 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).)
2. 366. Since then, in the absence of any reply from the Government, the Committee has twice had to postpone its examination of the case. At its March 1996 Session (see 302nd Report, para. 9), the Committee sent an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case to its next session, even if the observations or information requested from the Government had not been received in due time. To date the Government has not communicated any observation.
3. 367. 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. 368. At its June 1995 meeting, the Committee noted with concern that the allegations in this case related to violations of freedom of association in two Moroccan private enterprises: acts of anti-union discrimination against trade union delegates and trade unionists; and violent intervention by the police and authorities during strikes.
2. 369. On that occasion, the Committee had once again regretted that the Government had not replied to allegations concerning violations of trade union rights at the Plastima factory in Casablanca (violence by the police in dispersing strikers, arbitrary dismissals, replacement of strikers by strike-breakers in May 1993). The Committee had urged the Government to provide its observations on these allegations without delay.
3. 370. The Committee had also regretted that the Government had not provided any information on the situation of workers at the Mansour El Dahbi Hotel who had been arrested (Mr. Aboul Hanane Abdeljalil, Mr. Abou Nouass Latifa, Mr. El Hasnaoui Ahmed, Mr. El Korssa Aberahmane, Mr. Boukentar Mohamed, Mr. Soulal Fatima, Mr. Boulal Zohra and Mr. Kati Mohammed) and had asked the Government to indicate whether they had been released and reinstated in their jobs.
4. 371. The Committee had also requested the Government to keep it informed of the outcome of the appeals lodged by the workers from the Mansour El Dahbi Hotel and to inform it of any measures that might have been taken to reinstate the workers in their jobs, where applicable. 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 have them reinstated in their jobs.

B. The Committee's conclusions

1. 372. The Committee expresses its deepest concern at the lack of cooperation by the Government and especially regrets that, despite the time that has elapsed since the previous examination of these complaints, the Government has not replied to the questions that were asked of it even though it was invited on several occasions, and was sent an urgent appeal, to submit its comments and observations on this case.
2. 373. That being so, and in accordance with the relevant procedural rule (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 matters pending without being able to take into account the information that it had hoped to receive from the Government.
3. 374. The Committee reminds the Government once again that the purpose of the whole procedure instituted by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure that this freedom is respected in law and in fact. While this procedure protects governments against unreasonable accusations, governments on their side must recognize for their part the importance for their credibility of formulating for objective examination detailed factual replies to such allegations made against them. (See the Committee's First Report, para. 31.)
4. 375. The Committee notes with serious concern that the allegations in this case pertain to numerous infringements of freedom of association, including anti-union intimidation, the violent intervention of the police in peaceful strikes and the arrest and incarceration of striking workers.
5. 376. With regard to the acts of anti-union intimidation and the alleged pressure exerted by the owner of the Plastima factory in Casablanca in May 1993 (suspension of three trade union delegates and eight workers) and by the management of the Mansour El Dahbi Hotel (Conference Centre) of Marrakesh in April 1993 (including 98 suspensions) in order to force the members of the UMT to withdraw from their trade union, the Committee recalls that the right of workers to establish and join unions of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 271.) The Committee calls on the Government to have inquiries held into the allegations of anti-union intimidation and to take the necessary steps to ensure that in future workers are protected against any form of intimidation that infringes their legitimate trade union rights. The Committee requests the Government to keep it informed of steps taken in this respect.
6. 377. Regarding the police intervention in the strikes held by the staff of the Mansour El Dahbi Hotel and by the workers of the Plastima factory in Casablanca, the Committee wishes first of all to emphasize that a genuinely free and independent trade union movement can develop only where fundamental human rights are fully respected and guaranteed (see Digest, op. cit., paras. 46 and 48) and recalls that in cases of strike movements, the authorities should resort to the use of force only in situations where law and order is seriously threatened (see Digest, op. cit., para. 580). The Committee, while noting that the Government did indicate during a previous examination of the case regarding the dispute at the Mansour El Dahbi Hotel that the police intervention fell within the framework of the legislative and statutory provisions concerning the maintenance of public order, once again calls on the Government to arrange for independent, impartial and thorough inquiries in order to determine the nature of the action taken by the police and the responsibilities incurred during the two disputes in Casablanca and in Marrakesh, and to keep it informed of their findings.
7. 378. Noting the arrest of striking workers and the imprisonment of trade union activists during the 1993 strike at the Mansour El Dahbi Hotel, the Committee reminds the Government 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, op. cit., para. 475.) The Committee notes with concern that the arrests referred to took place a long time ago and that the Government has still not responded to this aspect of the case. It recalls once again that the authorities should not resort to arrests and imprisonment in connection with the organization of or participation in a peaceful strike. (See Digest, op. cit., para. 601.) Moreover, no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike. (See Digest, op. cit., para. 602.) Finally, recalling that taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful (see Digest, op. cit., para. 586), the Committee trusts that all the strikers who have been arrested and incarcerated for exercising legitimate trade union activities have been released and requests the Government to take the necessary steps to have the trade unionists reinstated in their jobs. The Committee once again requests the Government to provide information on the current situation of the UMT activists who were arrested in Marrakesh, namely Aboul Hanane Abdeljalil, Abou Nouass Latifa, El Hasnaoui Ahmed, El Korssa Aberahmane, Boukentar Mohamed, Soulal Fatima, Boulal Zohra and Kati Mohammed.
8. 379. The Committee requests the Director-General to take all appropriate measures to convince the Government of the importance of providing detailed and complete replies to the allegations made against it.

The Committee's recommendations

1. 380. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, despite the time that has elapsed since the previous examination of these complaints, the Government has not replied to the questions that were asked of it even though it was invited on several occasions, and was sent an urgent appeal, to submit its comments and observations on this case. It reminds the Government once again that the purpose of the whole procedure instituted by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure that this freedom is respected in law and in fact. While this procedure protects governments against unreasonable accusations, governments on their side must recognize for their part the importance for their credibility of formulating for objective examination detailed factual replies to such allegations made against them.
   • (b) With respect to the anti-union intimidation and pressure exerted on workers, and recalling that the right of workers to establish and join organizations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact, the Committee once again calls on the Government to arrange for inquiries into these allegations at the Plastima factory in Casablanca and the Mansour El Dahbi Hotel in Marrakesh and to take the necessary steps to ensure that in future workers are protected against any form of intimidation designed to interfere with their legitimate trade union rights. The Committee requests the Government to keep it informed of measures taken in this respect.
   • (c) With regard to the police intervention in strikes, and recalling that in cases of strike movements, the authorities should resort to the use of force only in situations where law and order is seriously threatened, the Committee calls on the Government to arrange for independent, impartial and thorough inquiries into the nature of the police action referred to and the responsibilities incurred, and to keep it informed of their findings.
   • (d) Regarding the arrest and incarceration of striking trade union activists referred to by name by the complainant organization, the Committee recalls that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike. The Committee urges the Government to provide information on the situation of the UMT activists who were incarcerated on the occasion of the strike referred to, namely Aboul Hanane Abdeljalil, Abou Nouass Latifa, El Hasnaoui Ahmed, El Korssa Aberahmane, Boukentar Mohamed, Soulal Fatima, Boulal Zohra and Kati Mohammed.
   • (e) The Committee requests the Director-General to take all appropriate measures to convince the Government of the importance of providing detailed and complete replies to the allegations made against it.