Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. The Committee notes the debate which took place at the Conference Committee in 1997.

The Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1687 and 1691, both of which were examined most recently in November 1996 (see the 305th Report approved by the Governing Body at its 267th Session), in which the Committee on Freedom of Association expresses its grave concern at the gravity of the allegations of anti-union discrimination and interference in trade union activities brought before it. It notes also the conclusions of the Committee concerning Case No. 1877 (see the 307th Report approved by the Governing Body at its 269th Session, June 1997) in which serious allegations of numerous dismissals based on trade union activities were examined.

The Committee recalls that for many years it has been insisting on the following points:

-- the need to strengthen the legislative provisions contained in Dahir No. 1-58-145 of 29 November 1960 with a view to guaranteeing in law and in practice adequate protection to workers against acts of anti-union discrimination, both at the time of recruitment and in the course of the employment relationship (including all measures which might prejudice workers, such as transfers, downgrading, involuntary retirement) supported by effective sanctions of a sufficiently dissuasive nature (Article 1 of the Convention);

-- the need to adopt specific legislative measures to protect organizations of workers against acts of interference by employers or by organizations of employers, in particular acts which are designed to promote the establishment of workers' organizations under the domination of an employer, or to support workers' organizations by financial or other means (Article 2 of the Convention);

-- the need to adopt appropriate measures to encourage and promote the development and utilization of machinery for voluntary negotiation of collective agreements between employers and workers' organizations with a view to the regulation of terms and conditions of employment (Article 4 of the Convention).

The Committee notes that the Government representative to the Conference Committee stated that draft legislation had been prepared containing provisions on the three matters noted above, that the Government was ready to accept the technical assistance of the ILO and that a technical cooperation programme was in fact in progress with the multidisciplinary team.

Observing that neither the legislation nor the national practice are in conformity with the Convention, the Committee asks the Government to take the necessary steps to ensure significant progress is achieved in the near future, and trusts that the ILO technical assistance will be useful in meeting this objective.

The Committee hopes that the Government will make every effort to take the necessary action in the near future and requests the Government to keep it informed of progress in this regard.