Definitive Report - REPORT_NO294, June 1994

1. 101. In a communication dated 1 April 1993, the Democratic Confederation of Labour (CDT) submitted a complaint of violation of trade union rights against the Government of Morocco. It sent new allegations dated 9 April 1993 and additional information dated 21 April 1993. In letters dated 26 April and 20 May 1993, respectively, the World Confederation of Labour (WCL) and the Organization of African Trade Union Unity (OATUU) stated that they joined with the complaint submitted by the CDT. The latter submitted new allegations in a communication dated 12 May 1993.
2. 102. In the absence of a reply from the Government, the Committee has had to adjourn the examination of this case on three occasions and, at its March 1994 meeting, it made an urgent appeal to the Government pointing out that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report approved by the Governing Body, it could, at its next meeting, present a report on the substance of the case, even if it had not received the information and observations requested from the Government at that time. Since then, the Government has not sent any observations.
3. 103. Morocco has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); however, it has ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant organization's allegations

1. 104. In its communication of 1 April 1993, the Democratic Confederation of Labour (CDT) explains that it had been invited by the International Labour Office to attend a seminar held in Tunis from 15 to 25 September 1992 on "International Standards and Migrant Workers" and that it had chosen Mr. Kafouni El Houssaine to represent the organization at this meeting as he was member of the Executive Board and responsible for the Confederation's international relations. With this in mind, it had initiated in due time, the procedure in force to request the temporary secondment of Mr. Kafouni who had started working again at the National Phosphates Board (OCP) after his term of office as deputy had ended on 9 October 1992. However, according to the CDT, the OCP management turned down this request and refused any leave of absence for Mr. Kafouni.
2. 105. The CDT points out that after intervening with the ILO and the ministries concerned (Ministry of Energy and Mines, Ministry of Employment) on a number of occasions, the management of the OCP, a state body, finally authorized Mr. Kafouni to take leave but deducted his salary during the 12 days he attended the seminar in Tunis. In spite of the various letters sent to the authorities to draw their attention to the respect of the rights of workers and the protection of their representatives within the enterprise, and the facilities they should be granted under national legislation - and in particular under Dahir No. 1-58-008 of 24 February 1958 concerning the regulations of the public service, of which the CDT provides excerpts, - as well as ILO Conventions and Recommendations - (more specifically Recommendation No. 143 of 1971), the OCP general management remained intransigent and categorically refused to settle Mr. Kafouni's financial situation; in the CDT's opinion, Mr. Kafouni had been the victim of an arbitrary and anti-trade union measure. The CDT transmits a copy of the authorization for exceptional leave without pay for 12 days granted to Mr. Kafouni by the OCP.
3. 106. In its letter of 9 April 1993, the CDT alleges that the OCP management adopted the same attitude and only granted Mr. Kafouni exceptional leave without pay for five days to attend the 20th Congress of the Arab Labour Organization (ALO) held in Amman, Jordan from 5 to 12 April 1993. It points out that it approached the ministers concerned on several occasions to try and settle Mr. Kafouni's situation but that it had always come up against the intransigence of the OCP general management and the Moroccan Government's inability to impose respect for legislation and recommendations in this area.
4. 107. In its communication dated 21 April 1993, the CDT states that the OCP management did indeed deduct 12 days' pay from Mr. Kafouni's salary for having attended the 20th Congress of the ALO in Jordan. It points out that Mr. Kafouni was a member of the official Moroccan tripartite delegation to this Congress and that he was therefore entitled to the same rights and powers as the other members of the delegation, whose rights are guaranteed by ILO and ALO Conventions and Recommendations; it further adds that he was the only delegate attending the Congress from 21 Arab countries to have been denied the right to his salary during the meeting.
5. 108. Finally, the CDT mentions in its communication of 12 May 1993, that the OCP management refused to grant leave of absence with pay to Mr. Kafouni, member of the CDT Executive Board and Secretary-General of the National Trade Union of Phosphate Workers (SNTP), and to Mr. Mechhor Mohamed, member of the SNTP national bureau, so that they might attend the Congress of the International Miners' Organization (IMO) held in Algiers from 8 to 12 May 1993. The management had adopted the same stance as before by authorizing the absence of both these trade unionists but depriving them of their salary. The CDT encloses a copy of this authorization.

B. The Committee's conclusions

1. 109. The Committee regrets that, despite the time which has elapsed since the presentation of this complaint, and despite being invited to do so on several occasions, including by means of an urgent appeal, the Government has not formulated its comments and observations on the allegations brought by the complainant organization.
2. 110. Under these circumstances, and in accordance with the applicable rule of procedure (see 127th report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee feels obliged to submit a report on the substance of the case, even without the information which it had hoped to receive from the Government.
3. 111. The Committee first of all reminds the Government that the purpose of the procedures established by the International Labour Organization for examining allegations of violations of freedom of association is to ensure that this freedom is respected in law and in fact. While these procedures protect governments against unreasonable accusations, they must recognize for their part the importance for the protection of their own good name of formulating for objective examination detailed replies to such allegations made against them. (See first report of the Committee, para. 31.)
4. 112. The Committee observes that the allegations made in this case concern the refusal of the management of the National Phosphates Board (OCP), a state body, to grant officials employed in this office leave of absence without loss of pay to attend international seminars and trade union congresses. It notes that the complainant organization specifically alleges that leave of this nature was refused on three occasions to Mr. Kafouni El Houssaine, member of the CDT Executive Board and Secretary-General of the National Trade Union of Phosphate Workers (SNTP), so that he might attend a seminar organized by the ILO in Tunis from 15 to 25 December 1992, the 20th Congress of the Arab Labour Organization (ALO) held in Amman, Jordan from 5 to 12 April 1993 and the Congress of the International Miners' Organization (IMO) held in Algiers from 8 to 12 May 1993; this type of leave was also refused to Mr. Mechhor Mohamed, member of the SNTP National Bureau, as concerns his attendance at the IMO Congress in Algiers. The Committee also notes that these two persons were authorized by the OCP to be absent to attend the above-mentioned trade union meetings but that they were deprived of their salaries during their absence; and that the CDT had unsuccessfully approached both the Ministry of Employment and the Ministry of Energy and Mines to try and obtain leave without loss of pay for both these trade union officials.
5. 113. The Committee feels bound first of all to point out that it has always believed that the right of national trade unions to send representatives to international trade union congresses is a normal corollary of the right of those national organizations to join international workers' organizations. Furthermore, participation in the work of international organizations must be based on the principle of the independence of the trade union movement. Within the framework of this principle, full freedom should be given to representatives of trade unions to take part in the work of the international workers' unions to which the organizations they represent are affiliated. (See Digest of Decisions and Principles of the Committee on Freedom of Association, 3rd edition, 1985, paras. 530 and 535.)
6. 114. What is more, the Committee notes that under Moroccan legislation, the public administration may authorize its employees to attend international trade union meetings without this being detrimental to their employment; indeed, section 41(2) of Dahir No. 1-58-008 of 24 February 1988 concerning the general regulations of the public service stipulates that "exceptional leave or leave of absence may be granted with full pay, without affecting the calculation of normal leave, to duly appointed representatives of officials' trade unions or elected members of executive bodies when they are convened to occupational trade union congresses at federal, confederal and international level".
7. 115. Taking into account all these factors, the Committee is of the opinion that in respect of the participation of trade union officials employed by state enterprises at international seminars, it would be appropriate that the Government enter into discussions with the trade union organizations with a view to determining the procedures that are applicable to state enterprises under the Dahir concerning the regulations of the public service, especially those which deal with the financial compensation that may be granted for loss of salary of the trade union officials in question.