Definitive Report - Report No 69, 1963

Case No 302 (Morocco) - Complaint date: 06-JUN-62 - Closed

1. 27. The complaints against the Government of Morocco are contained in six telegrams dated 6 and 7 June 1962, addressed directly to the I.L.O by six Moroccan trade unions: the Fez regional office of the U.G.T.M, the Federation of Workers in Electricity Supply and Power Plants, Casablanca, the National Federation of Moroccan Municipal Service Employees, the U.G.T.M. Young Workers of Marrakesh, the Moroccan Federation of Workers in Free Transport and an organisation of dockworkers, all affiliated to the Moroccan General Federation of Labour (U.G.T.M.).
2. 28. The right of complainant organisations to present additional information in support of their complaints within one month was brought to the notice of the U.G.T.M by letter of 19 June 1962. None of the six organisations mentioned in paragraph 27, nor the U.G.T.M, availed itself of this right. The Government of Morocco forwarded its observations in a communication dated 29 October 1962.
3. 29. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
4. 30. Although in general all the complainants' communications contain references to discriminatory treatment allegedly undergone at the hands of the State and of employers, by comparison with another trade union, the Moroccan Labour Union (U.M.T.), these communications will be dealt with individually below for the sake of greater clarity.

A. A. The complainants' allegations

• Allegations concerning Certain Discriminatory Measures against the Moroccan Federation of Workers in Free Transport
  31. 31 In its telegram of 7 June 1962 the Moroccan Federation of Workers in Free Transport alleges that the Director of the Casablanca Tram and Bus Company and the management of the Moroccan Auxiliary Transport Company have discriminated against their union and have violated trade union rights, adding that the managements of the two companies, in collaboration with the leaders of the U.M.T, have been bringing to bear intolerable pressure in order to obstruct the smooth running of union activities.
  32. 32 In its reply the Government states that the complainants' telegram gives no details on the object of the complaint and that Mr. Chahir Bauchaib, Secretary-General of the Moroccan Federation of Workers in Free Transport, who signed it, failed to respond to the written invitations sent him by the Labour Inspector. The Government adds that it has nevertheless been able to ascertain that the complaint concerns the status of members of the U.G.T.M working for the Moroccan Auxiliary Transport Company and the Casablanca Tram and Bus Company. In the former, the Government states, the only noteworthy incident was a one-hour strike on 25 September 1962 by workers members of the U.M.T in protest against the management making premises available to trade union delegates at the request of the U.G.T.M committee in the undertaking. Concerning the Casablanca Tram and Bus Company, the Government states that the U.G.T.M committee asked the management at the beginning of June 1962 for one of its members to be present at the distribution of toys among the children of workers in celebration of the Feast of " Ashura " and that the management had not acceded to that request because the distribution had been organised by the company's social welfare committee elected by the staff as a whole.
  33. 33 The Committee considers that the complainants, notwithstanding the opportunities offered them to amplify and substantiate their complaint, which was formulated in extremely vague and indefinite terms, have not supplied any evidence in support of the allegation that their trade union rights have in fact been violated, and, consequently, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning Irregularities in the Elections to the Statutory Bodies of Electrical Power Companies
  34. 34 In its telegram of 6 June 1962 the Federation of Workers in Electricity Supply and Power Plants, Casablanca, alleges that elections were held, imposed by the U.M.T, in the course of which manifold abuses were committed. It considers the elections void.
  35. 35 In its reply the Government states that the Federation of Workers in Electricity Supply and Power Plants, Casablanca, refrained from taking part in the elections to the statutory bodies of electrical power companies (the Board of the Social Security Fund, the Social Welfare Board and the Tripartite Committee on Vocational Training) either because it feared defeat or because it was unable to provide suitable candidates, despite the fact, the Government adds, that it had every opportunity to prepare its lists and that, in a letter dated 4 May 1962, the Director-General of the Electrical Power Company of Morocco informed Mr. Nouara Mohammed, head of the said Federation, that " as it would appear that your Federation is not in a position to submit its lists of candidates before 13 May, it has been decided to set a new time limit for the submission of lists at 6 p.m. on 14 May 1962 ". The Government further states that the Federation would have liked to have seen these elections postponed until the autumn, but that it was not possible to delay still further elections already overdue. In these elections the U.M.T obtained 91 per cent of the votes.
  36. 36 Considering that the complainants have not furnished any evidence in support of the facts alleged, whereas from the Government's reply it appears that they had adequate guarantees to take part in the elections referred to in the preceding paragraph, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning the Dismissal of Certain Workers
  37. 37 In its telegram of 7 June 1962 the U.G.T.M. Young Workers of Marrakesh and area allege that neither freedom of employment nor of trade union ideas is being observed, and that certain workers dismissed from their employment have suffered hunger since 1959.
  38. 38 In its reply the Government states that the complaint is formulated in vague terms so that it is impossible to identify with certainty the incident to which the U.G.T.M. Young Workers of Marrakesh refer, but that nevertheless the Labour Inspectorate services have conducted an inquiry which brought to light the following facts: that the Director of the Mining Transport Company had affirmed that seven workers who requested reinstatement in that company's employment had not been dismissed but had been considered as having resigned following an unjustified absence of more than four days; that on 22 February 1962 the Chief of the Labour Inspectorate for Marrakesh and district interceded with the management and persuaded the company to make a severance payment equivalent in amount to that paid to other workers by a transport company in Agadir in similar circumstances; that there were plans for the seven workers to be employed by a subsidiary of the Omnium Nord-Africain which controls the Mining Transport Company and other undertakings; that, when asked whether it accepted these proposals, the U.G.T.M had not replied; that the seven workers in question were currently in employment-five on the sites of the National Development Company in Marrakesh and two in an undertaking managed by the Mining Research and Investment Office-and that if the workers in question considered that their interests had suffered, they could submit their case to the Labour Court which is the body competent to settle labour-management disputes.
  39. 39 Considering that the facts to which the complainants vaguely refer have been made sufficiently clear in the Government's reply and that they do not seem to indicate any violation of trade union rights, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning the Wrongful Dismissal of 150 Workers of the Port of Casablanca
  40. 40 In their telegram of 7 June 1962 the complainants allege that 150 workers were wrongfully dismissed by a number of Moroccan shipping companies, in agreement with the U.M.T.
  41. 41 In its reply the Government states that towards the end of 1957 a group of about 3,000 unemployed persons who were holding themselves at the disposal of the shipping companies and users of the Port of Casablanca, which employed them whenever necessary to meet an unusual increase in work, obtained authorisation from the Governor of the Casablanca Prefecture to take up a position at the entrance to the port and receive preference in employment over unemployed persons arriving from rural areas. However, the Government adds, during the past four years most of them succeeded in obtaining steady work and, in the end, of the original group there remained 150 who became members of the U.G.T.M and were trying to obtain the status of permanent dockworkers; to this end, the Government further adds, they sometimes caused incidents which resulted in the U.M.T asking the Port Director to decide once and for all whether the workers in question should be given the status of permanent dockworkers or whether they should continue to be regarded as casual, and, in this case, should join the mass of casual labour without any particular distinction. The Government further states that, at a meeting held on 19 April 1962 on the premises of the Moroccan Association of Maritime Agents and Underwriters under the chairmanship of the Director of the port, it was decided to dispense with the preferential treatment card issued to certain casual dockworkers so that there would remain only two categories-regular and casual dockers.
  42. 42 From the above information it appears to emerge that the 150 workers, who, according to the complainants, were wrongfully dismissed have never been on the staff of the port undertakings, and consequently it seems inappropriate to refer to their dismissal, still more to their wrongful dismissal. In reality the said workers, who were originally part of a larger group of 3,000 workers, obtained in 1957 preferential treatment in respect of employment in casual work over other unemployed persons also seeking casual work in the port, in view of special circumstances which, according to the Government, no longer exist. The port authorities have recently abandoned this preferential treatment-according to the Government, as a result of incidents caused by the group in question-so that now all port casual workers are in the same position, independently, it would seem, of their trade union membership.
  43. 43 Accordingly the Committee considers that the complainants have not furnished proof that trade union rights were infringed in this instance, and in these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning Discriminatory Treatment of Municipal Service Officials and Employees Members of the U.G.T.M.
  44. 44 In its telegram of 7 June 1962 the National Federation of Moroccan Municipal Service Employees (U.G.T.M.), Casablanca, alleges that the U.M.T is violating the trade union rights of U.G.T.M workers' committees and their members, and that the directors of the services have entered into commitments with the U.M.T workers' committee discriminating against U.G.T.M members.
  45. 45 In its reply the Government states that, as the complaint concerns municipal service officials and employees, the Ministry of the Interior held an inquiry into it, from which inquiry it appears that all the employees of municipal services receive the same treatment, regardless of any trade union or political consideration. The Government adds that the said employees enjoy the advantages secured to them in texts drawn up by the Directorate of Public Services and consequently their status is guaranteed and cannot be endangered by any favouritism.
  46. 46 The Committee observes that the complainants, who have formulated their complaint in extremely vague terms, have not singled out in it any fact which might constitute a violation of union rights and that the Government, in its reply, affirms that all municipal employees are treated on the same equal footing, since their status is fixed by regulations which establish no favouritism of any kind. In these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning an Inquiry into the Trade Union Problem in Morocco
  47. 47 In their telegram of 6 June 1962 the unions in Fez and the Fez area affiliated to the U.G.T.M request the I.L.O to intervene with a view to the opening of an inquiry into the trade union problem in Morocco.
  48. 48 In its reply the Government states that a request for an inquiry on a question, concerning the entire Kingdom should have been submitted by the General Secretariat of the U.G.T.M and not by the unions of a province and that, furthermore, the text of the telegram contains no details on the facts which might warrant such an inquiry, for which reason, the Government adds, it is unable to submit more factual observations.
  49. 49 The Committee considers that the complainants' communication is vague in the extreme and that, notwithstanding the opportunity offered them to amplify and substantiate it, they have supplied no evidence which would justify the Committee in continuing its examination; in these circumstances the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 50. In all the circumstances the Committee recommends the Governing Body to decide, for the reasons indicated in paragraphs 33, 36, 39, 43, 46 and 49 above, that the case does not call for further examination.