Interim Report - REPORT_NO286, March 1993

CASE_NUMBER 1640 (Morocco) - COMPLAINT_DATE: 22-APR-92 - Closed

1. 612. The complainant organizations submitted complaints of violations of trade union rights against the Government of Morocco in the following communications: 22 April 1992 (Organization of African Trade Union Unity (OATUU)), 23 April 1992 (World Confederation of Labour (WCL)) and 30 April 1992 (Democratic Confederation of Labour (CDT) and General Union of Moroccan Workers (UGTM)). The CDT and the UGTM submitted new allegations in joint communications dated 6, 11, 14, 19 and 23 May 1992, as did the WCL and the OATUU in communications of 1 and 30 June 1992, respectively. The WCL provided further information in letters of 16 September and 7 October 1992. In a communication dated 19 June 1992 the World Confederation of Organizations of the Teaching Profession (WCOTP) stated that it supported the complaint submitted by the CDT and the UGTM.
2. 613. The Government supplied its comments in communications dated 15 and 23 October 1992, as well as 17 February 1993.
3. 614. Morocco has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). It has, however, ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 615. In their communications of 22, 23 and 30 April 1992 the complainant organizations denounce the arrest on 24 March 1992 and the sentencing on 17 April 1992 to two years of prison without parole and a fine of 1,000 dirhams of Mr. Noubir El Amaoui, the General Secretary of the CDT, after he was put on trial by the Government. They explained that the reason cited by the Government to justify this arrest was that Mr. Noubir El Amaoui reportedly made insulting and slanderous remarks about the Government during an interview given to a foreign newspaper, while they believe he, in fact, was arrested and sentenced for his trade union activities and because he severely criticized the political, economic and social management of the country, referring to the common practices of corruption and intimidation.
2. 616. In their joint communications dated 6 and 11 May 1992 the CDT and the UGTM allege that Mr. Driss Laghnimi, the regional secretary of the UGTM in Sidi Slimane, was arrested by the local authorities and tried on 7 May 1992 as part of an organized campaign of repression against trade union activists. It is alleged that a file with false accusations was established before the arrest, that the CDT's headquarters in the city was occupied and that Mr. Driss Laghnimi was arrested after being insulted and beaten.
3. 617. The CDT and the UGTM also allege that the Government of Morocco continues systematically and with premeditation to violate freedom of association and to avoid any genuine dialogue. In April 1992, during the preparation by local and regional trade union leaders of May Day celebrations, the Government and the authorities reportedly took excessively strict measures, imposing on the CDT and the UGTM unacceptable conditions for the authorization of the celebration. According to the complainant organizations these stemmed from a fear of the two trade unions' popularity and of any criticism by the people of the authorities' policies.
4. 618. The CDT and the UGTM give some examples of the measures taken by the Government:
   • - the mobilization of law enforcement and other services (in Casablanca, the authorities reportedly mobilized tens of thousands of army and paramilitary troops, policemen and auxiliary forces) to create a climate of fear and intimidation in the working class with the aim of exerting control over it and limiting its participation in the May Day parade;
   • - intimidation of trade union leaders (governors reportedly summoned those who had signed May Day parade declarations and threatened them in order to press them into signing statements);
   • - the categorical refusal by the governor of Greater Casablanca to authorize a parade organized by the CDT and UGTM on El Fida Boulevard;
   • - the rejection by the authorties in other cities of the requested parade routes and the imposition of shorter routes in isolated areas on the outskirts of town;
   • - the prohibition of any written or spoken slogan criticizing the Government or the authorities, the prohibition of any extension to the period decided upon by the authorities for the parades, the prohibition for any worker not a member of the CDT or the UGTM to participate in the parades and the prohibition of any public assembly around the parades.
5. 619. The two complainant organizations state that, faced with the illegal measures taken by the Moroccan authorities whose only aim was for all intents and purposes to ban the May Day parades of the CDT and the UGTM and deliver a final blow to whatever is left of freedom of association, they decided, as a sign of protest, to cancel the May Day celebration.
6. 620. In a joint letter dated 14 May 1992 the CDT and the UGTM submit a list which, according to them, is not exhaustive, of the various violations of trade union rights and human rights in 1991 and 1992.
7. 621. In particular, they state that since the beginning of Mr. Noubir El Amaoui's trial, the premises of the CDT have regularly been surrounded and they have been nearly off limits to workers. They cite for example the forceful surrounding and isolation of the CDT's headquarters in Casablanca on 21 April 1992 during a demonstration in support of Mr. Noubir El Amaoui. Access to the premises was reportedly blocked for workers and even for Mr. Abderrazak Afilal, the General Secretary of the UGTM and a Member of Parliament. He was only permitted to enter after he was manhandled by the police.
8. 622. Other violations reported by the CDT and the UGTM concern the authorities' refusal - contrary to the laws in force - to issue to trade union leaders documents acknowledging that their organizations were legally established or renewing such documents, the refusal by state offices and enterprises to carry out judgements handed down in favour of workers in 1987, 1988, 1989, 1990 and 1991, the failure to reinstate - despite promises made to this effect - civil servants who are still suspended from their posts and the refusal for the past six months of the Bahia-Baladi private enterprise to pay its workers. The complainant organizations state that having used all possible means to receive their pay, the workers organized a peaceful march to Rabat during which the police intervened, wounding several people and resulting in one death.
9. 623. According to another joint communication of 19 May 1992 from the CDT and the UGTM, Mr. Noubir El Amaoui was arrested in violation of Moroccan criminal law, which prohibits the arrest of any person accused of a press-related offence before the final verdict is reached. In the same communication, the complainant organizations also report a series of violations of national law which took place during Mr. El Amaoui's trial. These concern territorial jurisdiction, public hearings, the validity of legal proceedings, the summoning of witnesses and the rights of the defence. The accused was reportedly only authorized to sign the last page of the arraignment document; his case allegedly was referred to a tribunal lacking the necessary competence; the public was reportedly prohibited from attending the trial, and lawyers, foreigners, trade union leaders and journalists were allegedly ill-treated during the trial. The charges for slander were reportedly pressed by the Prime Minister, who is not entitled to do so. The tribunal allegedly refused to summon witnesses called by Mr. Noubir El Amaoui and the period set aside for the defence to make its case was reportedly limited.
10. 624. Moreover, the complainant organizations state that Mr. Driss Laghnimi was sentenced to five years without parole. This allegation was confirmed by the OATUU in its communication of 30 June 1992.
11. 625. In a last joint communication of 23 May 1992, the CDT and the UGTM state that on 7 May 1992 they requested in writing that the Ministry of Justice allow members of their executive committees to visit Mr. Noubir El Amaoui in prison. Access to Mr. El Amaoui had previously been refused.
12. 626. They enclose with this communication a memorandum dated 7 May 1992 that they and the National Trade Union of Higher Education jointly sent to the Prime Minister, in which they denounce the results of the Government's policy. After giving a detailed description of the problems currently faced by the Moroccan working class, the above organizations in particular requested that the Government release Mr. Noubir El Amaoui and halt the proceedings against him by annulling the verdict handed down against him by the Court of the First Instance.
13. 627. In a letter dated 1 June 1992 the World Confederation of Labour (WCL) reports various methods of intimidation against the organizers of the demonstrations which were to be held on 1 May 1992. It considers that the Government's attitude regarding the celebration of May Day, which is a worldwide holiday, reflects this Government's determination to hinder the freedom of expression of Moroccan trade union organizations and workers.
14. 628. In its communications of 16 September and 7 October 1992 the WCL goes on to denounce the repression for trade union activities of Messrs. Noubir El Amaoui and Driss Laghnimi and alleges that their arrests and the legal proceedings and sentences handed down against these trade union leaders are unfair and of a political nature.

B. The Government's reply

1. 629. In a letter dated 15 October 1992 the Government responds to the allegations concerning the events which took place during the preparations of the 1992 May Day celebration. The Government states that in anticipation of the May Day holiday all the national trade union confederations requested authorizations from the local authorities to organize parades of the working class.
2. 630. It states that each trade union confederation freely chose its parade route and that the local authorities gave their agreement so the demonstrations could take place throughout the country. However, the local authorities in Casablanca refused the parade route chosen by the CDT and the UGTM, contending that El Fida Avenue, owing to its narrowness and high population density, is a major commercial and traffic route. Any parade down this avenue would block traffic and paralyse transportation, thus causing problems which would be harmful to public order. Therefore, the local authorities reportedly proposed that the two trade union confederations select other parade routes of their own choosing.
3. 631. The Government adds that the local authorities based their decision on section 13 of Dahir No. 1/58/377 of 15 November 1958 concerning demonstrations on public thoroughfares, which authorizes the local authorities to prohibit any assembly which might undermine public order.
4. 632. In a letter of 23 October 1992 the Government states that the trial of Mr. Noubir El Amaoui, the General Secretary of the CDT, took place based on an indictment completely unrelated to his trade union activities; that the procedures against the accused were initiated by the public prosecutor's office after a complaint was lodged against him; that the trial took place with full respect for the Moroccan Code of Penal Procedure (the Government emphasizes that Mr. Noubir El Amaoui was assisted during his trial by large number of lawyers, that the hearings were public and that representatives of the national and international press followed the trial); and that the decision was appealed before the competent tribunal, which has yet to hand down its final verdict.
5. 633. As regards the arrest and sentencing of Mr. Driss Laghnimi, the regional secretary of the UGTM in Sidi Slimane, the Government states that he was prosecuted in accordance with the provisions of section 179 of the Criminal Code, and that this procedure is completely unrelated to his being a trade unionist or to his trade union activities. The judgement against him was also appealed before the competent tribunal, which has yet to come to a decision on this case.
6. 634. The Government concludes by stating that the competent Moroccan authorities consider that it is premature for the Committee on Freedom of Association to consider the complaint insofar as both of the cases in question are still being heard.
7. 635. In its communication of 17 February 1993, the Government once again describes the procedures that were followed in relation to Mr. El Amaoui, and indicates that the Court of Appeal has confirmed the judgement handed down in the first instance.

C. The Committee's conclusions

1. 636. The Committee notes that the allegations in this case concern the arrest and sentencing of two trade union leaders, intimidation and repression by the authorities against trade union organizations during the preparations for the May Day celebration and a series of anti-union measures taken against workers, trade union leaders and their organizations by the Government and the authorities.
2. 637. At the outset the Committee must express its profound concern faced with the gravity of the sentences handed down against Mr. Noubir El Amaoui, the General Secretary of the CDT, and Mr. Driss Laghnimi, the regional secretary of the UGTM in Sidi Slimane (respectively sentenced to two and five years of prison without parole).
3. 638. The Committee regrets that the Government merely states that the accused were not sentenced for trade union activities without mentioning precisely which charges were pressed against them. It notes, however, that according to the complainants Mr. El Amaoui was sentenced for statements he made during an interview with a foreign newspaper and that, according to the Government itself, Mr. Driss Laghnimi was sentenced under section 179 of the Criminal Code, which provides for fines and up to five years' imprisonment for any insults made against the King or the Royal family. In this regard the Committee must emphasize that while the right to express opinions through the press or otherwise is an essential aspect of trade union rights (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 172), in expressing their opinions trade union organizations and their leaders should respect the limits of propriety and refrain from the use of insulting language (254th Report of the Committee, Case No. 1411, para. 198, approved by the Governing Body at its 239th Session (February-March 1988)).
4. 639. In order that it may have at its disposal all the information necessary on this aspect of the case, the Committee requests the Government to provide without delay detailed information on the charges pressed against these two persons and to communicate the texts of the verdicts handed down against them, with the reasons adduced therefor, so that it may proceed with an examination of the allegations in full knowledge of the facts. The Committee also requests the Government to communicate the text of the judgements handed down by the Court of Appeal.
5. 640. The Committee also notes that the complainant organizations report that a series of irregularities took place during the arrest and trials of these two people. According to the allegations, before the arrest of Mr. Driss Laghnimi, a file with false accusations was established, the headquarters of the CDT in the town of Sidi Slimane was occupied and Mr. Driss Laghnimi was insulted and beaten. During the trial of Mr. Noubir El Amaoui a series of violations of national law was allegedly committed, concerning territorial jurisdiction, public hearings, the validity of legal proceedings, the summoning of witnesses and the rights of the defence. The Government, for its part, states that Mr. El Amaoui's trial took place with full respect for the Moroccan Code of Criminal Procedure. Noting, however, that according to the complainants Moroccan criminal law prohibits the arrest of any person accused of a press-related offence before the final verdict is reached, the Committee requests the Government to indicate on the basis of which provisions Mr. El Amaoui's arrest was ordered and to provide its observations on the allegations made by the complainants concerning this question, as well as on the circumstances of Mr. Driss Laghnimi's arrest.
6. 641. Regarding the demonstration organized for May Day in Casablanca, the Committee notes that, according to the Government, the local authorities refused the parade route chosen by the CDT and the UGTM because the parade would have blocked traffic and paralysed transportation.
7. 642. In this regard, the Committee recalls that it has always been of the opinion that the right of trade unions to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights (Digest, para. 155). While trade unions must respect legal provisions enacted to maintain law and order, the public authorities should none the less abstain from any intervention which would restrain trade unions' rights to organize freely their public meetings. The Committee also considers that if, in order to avoid disturbances, the authorities decide to prohibit a meeting planned to take place on some part of the public highway, they should strive to reach agreement with the organizers of the meeting to enable it to be held in some other place where there would be no fear of disturbances (Digest, para. 164).
8. 643. In the present case, the Committee notes that the complainant organizations also mentioned other measures of intimidation against the organizers of the May Day demonstrations and that they cite the following measures: the mobilization of law enforcement and other services to create a climate of fear and to intimidate the working class with the aim of exerting control over it and limiting its participation in the May Day parade; intimidation of trade union leaders (threats, the forced signing of statements); the rejection by the authorities of the requested parade routes in other cities and the imposition of shorter routes in isolated areas on the outskirts of town; the prohibition of any written or spoken slogan criticizing the Government or the authorities; the prohibition of any extension to the period decided upon by the authorities for the parades; the prohibition for any worker not a member of the CDT or the UGTM to participate in the parades and the prohibition of any public assembly around the parades. Observing that the Government has not responded to these allegations, the Committee urges the Government to provide the required information without delay.
9. 644. Regarding the other allegations concerning various infringements of trade union rights, the Committee notes that the complainant organizations denounce a series of measures and situations which, according to them, are part of a campaign of repression carried out by the Moroccan authorities against the trade union movement. The Committee notes that these allegations concern the surrounding of the CDT's premises and the prohibition of access to them on 21 April 1992, the refusal by the authorities to issue to trade union leaders documents acknowledging that their organizations were legally established or renewing such documents, the refusal by state offices and enterprises to carry out judgements handed down in favour of workers, the failure to reinstate civil servants and the violent intervention of the police leading to one death during a demonstration by workers who had not been paid for six months at the Bahia-Baladi enterprise in Rabat.
10. 645. The Committee regrets that the Government has not provided its observations concerning these allegations and urges that it communicate them without delay.

The Committee's recommendations

1. 646. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee emphasizes that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and expresses its deep concern regarding the gravity of the sentences handed down against Mr. Noubir El Amaoui, the General Secretary of the CDT, and Mr. Driss Laghnimi, the regional secretary of the UGTM in Sidi Slimane.
   • (b) In order that it may have at its disposal all the information necessary on this aspect of the case, the Committee requests the Government to provide without delay detailed information on the charges pressed against Messrs. El Amaoui and Laghnimi and to communicate the texts of the verdicts handed down against them, with the reasons therefor. The Committee also requests the Government to communicate the texts of the judgements handed down by the Court of Appeal.
   • (c) Regarding the irregularities which reportedly took place during the arrest and trial of Messrs. El Amaoui and Laghnimi, the Committee requests the Government to indicate on the basis of which provisions Mr. El Amaoui's arrest was ordered, and to provide its observations concerning the allegations made by the complainants in this regard and also concerning the circumstances of Mr. Driss Laghnimi's arrest.
   • (d) Noting that the Government has not replied to the allegations concerning measures of intimidation taken against the organizers of the 1992 May Day demonstrations, the Committee urges the Government to provide the required information without delay.
   • (e) Regarding the allegations concerning the surrounding and prohibition of access to the CDT's premises on 21 April 1992, the refusal by the authorities to issue to trade union leaders documents acknowledging that their organizations were legally established or renewing such documents, the refusal by state offices and enterprises to carry out judgements handed down in favour of workers, the failure to reinstate civil servants and the violent intervention of the police leading to one death during a demonstration by workers of the Bahia-Baladi enterprise in Rabat, the Committee requests the Government to communicate its observations on these allegations without delay.