Definitive Report - Report No 78, 1965

Case No 339 (Morocco) - Complaint date: 06-JUN-63 - Closed

1. 43. The complaint by the General Federation of Workers of Morocco (U.G.T.M.) was contained in a letter addressed directly to the I.L.O and dated 6 June 1963; it was supplemented by a second communication dated 19 June 1963. The original complaint was sent to the Government for its observations by letter dated 19 June 1963; the second communication was sent on 24 June 1963. By letter dated 9 September 1963 the Government stated that an inquiry was being made into the matters alleged and that the results would be communicated to the I.L.O when available. The full observations of the Government are contained in two communications dated respectively 30 May and 19 August 1964.
2. 44. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 45. The complainants allege in general terms that, as it has not the Government's favour, the U.G.T.M.-in the persons of its officers and members-is the object of " repression and bloodshed " aimed at weakening the organisation.
2. 46. In support of this general statement the complainants refer to a number of specific events which, in their belief, are directly linked to the victims' status as members or officers of the organisation.
3. 47. It is alleged, in particular, that Mr. Moulay Bouib, the Miners' General Secretary for the Marrakesh region, and Mr. Abdelaziz el Kohen, a member of the Central Executive of the U.G.T.M and General Secretary of the Independent Union of School Teachers, have been arrested. Without giving details, particularly as regards the status of the persons mentioned, the complainants also allege as follows: Marrakesh region: Small ben Rahal, killed by Caïd Khalil; Fatima Bent Jilali, killed by Sheik Abdelkader; Rabat: Ibrahim ben Mohamed (a child), killed by the army; Had-Kourt: Mohamed ben Rkia, killed by Caïd Chorfi, Talmest: Mohamed ben Miloud, killed by police; Ouled Sidi ben Daoud: Sajia Mohamed ben Abdelmalek, killed by Caïd Said Laydi; Kharboush Ahmed ben Brahim, killed in course of repressive action following a strike; Charada Tribe: Mohamed ben Allal, killed by a commando of four unknown men; Al Amr Tribe: Tahar, killed by Cald Idrissi.
4. 48. In its observations the Government gives an explanation on each of the individual cases mentioned by the complainants.
5. 49. It states that Mr. Moulay Bouib, working in a mine at Erdouz in the province of Marrakesh, was condemned by the Tribunal of Sadad in the district of Amizmiz for embezzlement of material belonging to the enterprise in which he was employed. It adds that this person belonged to no trade union.
6. 50. Mr. Abdelaziz el Kohen, the Government states, has never been interfered with in respect of his trade union activities, but he was arrested for acting against the external safety of the State and freed shortly afterwards on the ruling of the Military Tribunal.
7. 51. Regarding Small ben Rahal and Fatima Bent Jilali the Government gives the following information: on 17 May 1963, during the legislative elections, the Caïd of the Beni Ameur, El Kelaa area of the Srarhna, accompanied by the Sheik of the Ouled Saïd, made the round of the voting offices to ensure that they were functioning properly; the Caïd was informed that the leaders of the Istiglal party had decided to make trouble; on the outskirts of Douar Mejjat he met Small ben Rahal, the local representative of the Istiglal, and made him get into their own jeep so as to avoid any rash action on his part: a group of about 200 persons then attacked the jeep, demanding the return of Small ben Rahal; the Caïd was stoned; some demonstrators tried to get possession of his automatic rifle; during the struggle a shot was fired which hit Small ben Rahal as well as Fatima Bent Jilali, who happened to be beside him; the official investigation concluded that it was an accident.
8. 52. Regarding Ibrahim ben Mohamed, the Government states, an investigation conducted by the Governor of the province of Rabat established that no child called Ibrahim ben Mohamed had been killed in the Rabat area.
9. 53. Regarding Mohamed ben Rkia, the Government gives the following information: on 13 May 1963, during the legislative elections, trouble broke out between the representatives of the various political tendencies in the Douar Sidi Kacem Harroush, Souk El Arba area, in the province of Rabat; Mohamed ben Rkia was one of the three main troublemakers; in order to restore order the Caïd of Had-Kourt sent a group of mokhaznis there to seek out the three ringleaders in question; when they arrived on the spot the mokhaznis were attacked with sticks, forks and knives, and an attempt was made to set fire to their truck; one had his shoulder broken and his rifle was stolen, while four others were seriously wounded; finding himself surrounded by the crowd, which had gone wild, the sergeant commanding the group of mokhaznis let off a burst of machine-gun fire in order to free himself, and mortally wounded Mohamed ben Rkia; the mokhaznis succeeded in withdrawing after enormous difficulties.
10. 54. Regarding Mohamed ben Miloud the Government states as follows: after the legislative elections the Istiglal party's daily newspaper, El Alam, published an article announcing the discovery, in the Oued Tensift near Talmest, of the body of Mohamed ben Miloud; the paper attributed responsibility for this death to the Talmest police; however (the Government continues), it was established that the body was not that of Mohamed ben Miloud, who was away from the tribe at that time and is still alive, living at the Douar Saadla. The Government adds that there is no U.G.T.M union at Talmest.
11. 55. Regarding Sajia Mohamed ben Abdelmalek the Government states as follows: the investigation carried out by the Governor of the province of Casablanca established that, according to information received by the Royal Gendarmerie, a secret meeting for the purpose of organising acts of violence and riots was to take place on 28 May 1963 at the residence of Sajia Mohamed; on the said date the Second Mobile Maghzen and the Commandant of the Settat section of the Royal Gendarmerie surrounded the house of the person concerned, in which eight persons were found to be assembled; the forces of order attempted to approach the house but its occupants opened fire; when fire was returned Sajia Mohamed was wounded and subsequently died at the Casablanca Hospital, to which he had been transported.
12. 56. The Government states that Kharboush Ahmed ben Brahim was a delegate of the Moroccan Federation of Labour and not of the U.G.T.M, and adds that he died after incidents between militants of the M.F.L and those of the U.S.T.L in the village of Hattane, where there are scarcely any members of the U.G.T.M.
13. 57. The Government confirms that Mohamed ben Allal was killed, but states that this was a common law crime, the authors of which, Mohamed ben El Fater and Ahmed ben Mohamed ben El Hadj, were arrested at Sidi Kacem by the police and referred to the Rabat Regional Tribunal.
14. 58. Regarding the person whom the plaintiffs mention simply as Tahar the Government states that this person would appear, rather, to be Kabbour ben M'Bark of the Douar Lakbir, Ameur tribe, Safi area; he was convened by the Caïd several times in connection with the hearing of a dispute but refused to appear; when he saw the Sheik, accompanied by a mokhazni, arriving one day at the Douar, Kabbour ran away and threw himself into a tank, where he died. The Government adds that this person did not belong to any trade union.
15. 59. In reply to the complainants' allegations, which are set out in general terms and are not supported by any information as to the status of the persons mentioned or the circumstances in which the alleged events occurred, the Government gives detailed explanations regarding each of the said events.

B. B. The Committee's conclusions

1. 60. It appears clear from these explanations that the arrests and deaths did not arise out of the exercise of trade union rights; that many of the persons mentioned were not trade union officers or even members; and that the events culminating in loss of life consisted either of common law crimes, or of incidents occasioned by riot or disturbance-often political-for which it is difficult to adjudge responsibility.

The Committee's recommendations

1. 61. In the above circumstances, having taken note of the allegations made and of the Government's observations thereon, the Committee considers that the complainants have not furnished proof to show that the events mentioned by them involved infringements of the exercise of trade union rights and, therefore, recommends the Governing Body to decide that the case as a whole does not call for further examination.