Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 281, Mars 1992

1. 189. On 5 March 1991 the Democratic Confederation of Labour (CDT) and the General Union of Moroccan Workers (UGTM) filed a complaint against the Government of Morocco alleging the violation of trade union rights. The CDT submitted additional information in a communication of 21 May 1991. On 16 May 1991 the World Federation of Teachers' Unions (FISE) and the World Confederation of Labour (WCL) associated themselves with the complaint; the World Confederation of Organisations of the Teaching Profession (WCOTP) did likewise on 21 June 1991.
2. 190. The Government sent its observations in a communication of 23 October 1991.
3. 191. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); however, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 192. In their complaint the CDT and the UGTM allege that the Government of Morocco has violated freedom of association, citing the absence of collective bargaining, restrictions on the right of association and expression, and restrictions on the right of workers to have recourse to strikes in the defence of their legitimate demands.
2. 193. The complainant organisations state that the Government is engaged in a campaign to restrict the exercise of trade union rights; this campaign takes the form of dismissals, unreasonable demands in connection with the establishment of trade union offices, the non-enforcement, even by the administration, of court decisions in favour of workers, and the refusal of the authorities to enter into dialogue. They recognise that the dahir of 17 July 1957 provides for the free establishment of trade union organisations, but allege that administrative practices restrict this freedom by imposing complicated formalities. Moreover, trade union leaders are often summoned for interrogation and subjected to threats by the police or law enforcement services, who thus seek to obtain their resignation. Since this dahir does not provide for any of the guarantees mentioned in Article 1 of Convention No. 98, trade union leaders and trade unionists are victims of arbitrary measures. The complainant organisations also state that legislation does not provide for trade union officers within the enterprise, and that the authorities and employers consequently deprive workers of the most basic trade union rights such as the right to premises, to distribute publications and trade union documents, to issue membership cards, etc. In some cases trade union leaders are even indicted and sentenced for the exercise of trade union activities. Staff representatives are also subject to this kind of discrimination, in violation of Chapter 12 of the dahir of 29 October 1962 concerning staff representatives.
3. 194. A second general allegation concerns the total absence of collective bargaining and the Government's refusal to enter into talks in good faith on trade union demands concerning freedom of association, conditions of employment, wages, social security, the implementation of court decisions in favour of workers, etc. All trade union efforts to enter into dialogue are systematically rejected; in the rare cases where there is dialogue, the authorities fail to keep their promises and pledges. At the level of state-controlled enterprises and establishments, employers refuse to recognise the trade union as a social partner. At the national level, the bodies provided for by law for dialogue and negotiation are practically non-existent or have never been set up. The complainant organisations state that this situation, coupled with the aggravation of social problems, has led to a significant decline in wages and a constant increase in the price of various goods and services, violations of social legislation, etc.
4. 195. As concerns these two general allegations, the complainant organisations also consider that the Government favours the Moroccan Labour Union (UMT) which, according to them, monopolises all allocations for day-to-day trade union activities, thus depriving the CDT and the UGTM of all assistance; they have trouble finding premises, in spite of the principle of trade union pluralism enshrined in the Constitution. They believe that the Government's support of a single trade union constitutes an obstacle to the principle of democratic trade union operations through honest elections in which all trade unionists may participate, as required by law. This favouritism extends also to the appointment of the Workers' delegation to the International Labour Conference and other regional and international conferences.
5. 196. The complainant organisations explain that in spite of the accumulation of trade union demands and social problems, the absence of dialogue, the failure to process the cases of arrested persons, and the growing number of sectoral strikes, the employers and the authorities have not changed their attitude. Instead, massive dismissals of trade union leaders have continued, labour problems have been further aggravated, the social situation of wage-earners has deteriorated, and additional restrictions have been imposed on freedom of association. The complainant organisations therefore decided to convene a general strike on 14 December 1990.
6. 197. Following this decision, the Government called several fictitious unions to the bargaining table, issued threats, prohibited strikes in the public and semi-public sector, and used the media to create a climate of terror, threats and doubt as regards the exercise of the right to strike. The complaint states that, following the publication of a CDT and UGTM communiqué denouncing the authorities' behaviour, the Government recognised the legality of the strike, but noted that it would deal with it in a special way owing to its particular characteristics, and requested trade union organisations to make concessions. However, because their concessions went unanswered, the complainant organisations conclude that the Government is opposed to the workers' demands.
7. 198. The complainant organisations state that in order to break the strike, the Government mobilised certain administrative services to threaten workers and shopkeepers; in addition, it used such tactics as the distribution of certain bonuses and the payment of wages to certain workers on the day of the strike, the application of legislation concerning forced labour dating from the period of colonisation concerning forced labour, the recourse to new workers to replace striking workers, an increase in the wages of daily labourers engaged in port loading operations and a media campaign.
8. 199. The complainant organisations state that all these measures led to bloody confrontations in several cities, the intervention of the army in armoured vehicles and jeeps, random gunfire, a campaign of arrests which affected a number of trade unionists including Mr. Al Alawi Mohamed Titana, the UGTM secretary in Fez, for a statement he made on the radio, and a lawsuit against Mr. Abdel Karim Galab, a newspaper manager, for having published an account of the events. The number of arrests is said to have reached 1,590. Fewer than 20 of those arrested were found innocent; the remainder were sentenced to terms ranging from three months to ten years, following summary judgements in which the right to defence and the guarantees of individual freedom were ignored. These events allegedly left scores of dead.
9. 200. According to the CDT and the UGTM, the strikers behaved calmly, and in a responsible and disciplined manner. They state that the Government pursued and intensified its actions after the strike; striking workers were arrested, others were interrogated or deprived of bonuses and other allowances. The CDT and the UGTM then convened two meetings with the Government (on 26 and 28 December 1990), during which the Government agreed to reply to their demands within one week. One week later, according to the complainant organisations, the Government had still failed to reply.
10. 201. In its communication of 21 May 1991, the CDT furnishes a list of persons who were arrested or killed during the intervention of law enforcement personnel in Fez for the purpose of breaking up the general strike of 14 December 1990. In this letter the CDT also alleges that the management of several establishments in certain strategic sectors under state control (the Samir Refinery, Royal Air Maroc, the Moroccan Sugar Refineries, the Moroccan phosphates enterprises, the National Railway Office, and others) refused to enter into dialogue with these trade unions.
11. 202. The CDT and the UGTM conclude that the Government has thereby violated the provisions of Conventions Nos. 11, 87 and 98.

B. The Government's reply

1. 203. In its reply of 23 October 1991, the Government notes first that freedom of association in Morocco is considered as a fundamental principle and right by national legislation, and is exercised in all fields and at all levels.
2. 204. It then explains that Moroccan legislation guarantees the right to establish trade union organisations, to join and withdraw from them without any restriction or condition; the only condition concerns the requirement to transmit to the local authorities a copy of the trade union's by-laws upon its establishment. The number of trade unions which exist in Morocco is, according to the Government, proof of the exercise of freedom of association.
3. 205. As regards the role of trade unions in the country's economic and social life, and in order to enable organisations to assume fully their role in the defence of their members' economic interests, the Government has invited most trade union organisations, including the General Union of Moroccan Workers and the Democratic Confederation of Labour, to be represented in several national councils, including the Chamber of Deputies, the High Council for National Development and Planning, and the High Council on Human Rights.
4. 206. As regards the right to strike, the Government notes that this right is guaranteed by the Constitution and is exercised in practice. Trade unions are entirely free to exercise this right, and the Government cites statistics compiled by the labour inspection service concerning collective disputes in support of its contention.
5. 207. Firmly convinced that dialogue is an effective means of finding adequate solutions to the problems which may arise, the Government explains that it has set up a ministerial commission under the presidency of the Prime Minister, which brings together representatives from all the administrations concerned and from all organisations of workers and employers. This commission has examined several trade union demands, resolving some on the spot and forwarding others to subcommittees. The Government also states that most disputes between employers and workers are resolved through dialogue.
6. 208. As regards immediate measures taken in the interests of workers, the Government cites the reinstatement of workers who had been subjected to disciplinary measures, increases in the minimum wage, increases in family allowances and in the assistance provided to the beneficiaries of deceased workers, the payment of compensation for non-occupational accidents and diseases as from the first day of the contingency, and not as from the eighth day, and an increase in the amount of this compensation, an increase in maternity allowances and in the amount of wages paid by the National Social Security Fund. The Government also explains that three specialised committees have been set up to review and propose solutions to other problems raised. These committees are the Social Protection Committee, the Industrial Relations Committee, and the Sectoral Committee; all three are tripartite bodies. These committees continue to meet on a regular basis and have already reached solutions or formulated proposals with respect to a number of the problems entrusted to them. Upon the conclusion of their meetings, these committees are required to present a report to the Prime Minister for the eventual adoption of suitable measures.
7. 209. Concerning the allegations relative to the events of 14 December 1990, the Government states that both trade unions insisted on calling a strike in spite of the Government's ongoing negotiations and contacts with all economic and social groups, including the UGTM and the CDT. It notes that all observers found the strike to be very limited and that most services continued functioning normally. According to the Government, certain individuals took advantage of the situation in certain cities, in particular in Fez, to engage in acts of civil disorder and sabotage. Law enforcement agents intervened to ensure the protection of citizens and to restore the peace. Persons having engaged in such actions were brought before the courts in full compliance with legal provisions in force, including the right to defence and the right to appeal. Persons found guilty of having broken the law were sentenced, while others were acquitted for lack of evidence.
8. 210. The Government considers that these events prove that its call to dialogue and consultation was the proper and reasonable course, and that these regrettable events might have been avoided if its call had been heeded. With a view to informing public opinion on the facts of 14 December, the Chamber of Deputies met in special session and heard the Government's statement in this connection, and accepted a proposal to set up a special committee of inquiry into the events of 14 December.
9. 211. Lastly, concerning the composition of the Workers' delegation to the International Labour Conference, the Government states that this delegation has always been constituted in accordance with the rules, and that all relevant decisions are taken after consultation of the most representative trade union organisations. The Government feels compelled to point out that the CDT and the UGTM have challenged the composition of the Moroccan Workers' delegation before the Credentials Committee, and that this Committee has rejected their appeal and considered that the delegation in question was set up in accordance with the ILO Constitution. Nevertheless, in an effort to foster good relations with these two organisations, the Government has agreed to them joining the Moroccan delegation to the 78th Session of the International Labour Conference.
10. 212. The Government concludes its reply by stating that, being firmly committed to dialogue, the Ministry of Labour is in permanent contact with the UGTM and the CDT and has invited them to participate in the work of committees set up for the purpose of examining their demands and finding adequate solutions.

C. The Committee's conclusions

1. 213. The Committee notes that a first series of allegations concerns the denial of trade union rights, specifically as regards the right to establish trade unions and the exercise of trade union rights, including the fundamental rights of trade union leaders and trade unionists. The Committee notes first of all that the complainant organisations allege that the authorities restrict the free establishment of trade unions, provided for in the dahir of 17 July 1957, by requiring compliance with complicated formalities. The Government, for its part, states that the only condition concerns the transmission of the by-laws of newly established trade unions to the local authorities. After examining the dahir of 17 July 1957, the Committee concludes that the simple requirement concerning the filing of trade union by-laws with the competent local authority cannot be considered as prior authorisation by the public authorities. Since the complaint does not specify how the application of this dahir constitutes a threat to freedom of association, the Committee finds that this aspect of the case does not call for further examination.
2. 214. The Committee notes that the complainant organisations allege that trade unions are often the target of measures which prevent them from having trade union premises, from distributing trade union documents and publications, and from issuing membership cards. It also notes that, according to the complainants, a large number of anti-union discriminatory measures are taken against trade union leaders and trade unionists: massive dismissals, maltreatment, threats by law enforcement services, arrests, interrogations, lawsuits and sanctions for the exercise of trade union activities. The Committee notes that the complainants contend that all these measures are further aggravated by the fact that the dahir of 1957 on trade unions does not provide any of the guarantees required by Article 1 of Convention No. 98, that no legislation protects the officers of enterprise trade unions, and that the dahir of 29 October 1962 on staff representatives is not applied. The Committee notes that the Government, in its reply, states that freedom of association in Morocco is considered as a fundamental principle and right, recognised by national legislation, and exercised in all fields and at all levels, as evidenced by the number of trade unions which exist throughout the country.
3. 215. The Committee recalls that in recent years it has examined several complaints concerning measures of anti-union discrimination in Morocco. Having found national legislation in this respect to be inadequate, it has always insisted on the need to adopt specific provisions, coupled with sufficiently dissuasive sanctions, to guarantee adequate protection against all acts of anti-union discrimination by employers, in accordance with Article 1 of Convention No. 98. In these circumstances, and echoing the opinion expressed by the Committee of Experts on the Application of Conventions and Recommendations, the Committee urges the Government to adopt such specific provisions.
4. 216. The Committee notes that a second series of allegations concerns the denial of the right to collective bargaining, and the systematic refusal by the Government and employers of all trade union proposals to enter into dialogue either at the national level or at the level of the enterprise. The Committee notes that, according to the Government's reply, the CDT and UGTM are represented on several national councils, and that a tripartite ministerial commission has been established to enable these organisations to fulfil their role in defending the economic interests of their members. The afore-mentioned commission is said to have already resolved certain trade union demands. The Committee also takes note of a series of government measures taken on behalf of workers, as well as the creation of three specialised tripartite committees charged with finding solutions to problems which are still outstanding. Considering that the allegations presented are very general in nature, and noting that they are not accompanied by specific examples, the Committee is of the opinion that this aspect of the case does not call for further examination.
5. 217. The Committee notes the allegation according to which the Government favoured the Moroccan Labour Union (UMT) in a number of ways, to the detriment of other occupational organisations, and according to which this favouritism extends to the appointment of the Workers' delegations to the International Labour Conference and other regional and international conferences. Since the question of accreditation to the International Labour Conference comes under the competence of the Conference Credentials Committee, it is not for this Committee to express an opinion on this aspect of the case.
6. 218. The Committee also notes that the other allegations of favouritism towards a trade union federation are very general and are not supported by concrete examples. It considers that this aspect of the case does not call for futher examination.
7. 219. As regards the allegations concerning restrictions to the right to strike, the Committee notes that, according to the Government, this right is guaranteed by the Constitution and, in practice, is exercised by trade unions in full freedom. It also notes that the complainant organisations accuse the Government of having interfered with the strike of 14 December 1990 by applying various means of pressure aimed at having the strike called off. The Committee recalls first of all that the right to strike is one of the essential means through which workers and their organisations may promote and defend their economic and social interests (see Digest, op. cit., para. 363). It is of the opinion that measures taken to break legitimate and peaceful strikes in services which are not essential, in the strict sense of the term, such as the measures alleged in this case, do not conform with the respect of freedom of association.
8. 220. The Committee notes that on 14 December 1990 there were confrontations in several cities. It notes that the versions of these events differ. According to the complainant organisations, government measures to prevent the strike caused a climate of terror and provocation by involving the armed forces and the Government engaged in a campaign of arrests and detentions affecting certain trade unionists, including Mr. Al Alawi Mohamed Titana, secretary of the UGTM in Fez, and Mr. Abdel Karim Galab, the manager of a newspaper. The number of arrests is said to have reached 1,590. It is also alleged that the arrests and dismissals related to the strike continued after the strike ended. The large majority of those arrested are said to have been condemned, following judgements in which their rights to defence were infringed, to sentences ranging from three months to ten years. It is also alleged that, as a result of these events, scores of persons were killed, including children and elderly persons. The Committee notes that the Government, for its part, states that law enforcement services intervened in order to guarantee the protection of citizens and to preserve the peace, after a number of individuals, seeking to take advantage of the strike, disrupted the peace and engaged in sabotage in certain cities, in particular in Fez, and that persons convicted of breaking the law were sentenced, while others were absolved for want of evidence.
9. 221. As regards the arrests, the Committee considers that the authorities should not resort to arrests and imprisonment in connection with the organisation of or participation in a peaceful strike, and that such measures entail serious risks of abuse and a serious threat to freedom of association. Consequently, it requests the Government to state whether the trade unionists arrested on or after 14 December, and in particular Mr. Al Alawi Mohamed Titana, secretary of the UGTM in Fez, as well as Mr. Abdel Karim Galab, have been released, and to state whether a commission of inquiry into the events of 14 December has already been set up, and if so, to keep it informed of the results of its work.