Interim Report - Report No 112, 1969

Case No 556 (Morocco) - Complaint date: 12-AUG-68 - Closed

1. 148. The complaint of the Moroccan Federation of Labour (UMT) is contained in a telegram dated 12 August 1968 and addressed directly to the ILO. The text of this telegram was communicated to the Government, which forwarded its observations thereon in a communication dated 3 May 1969.
2. 149. 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. 150. The complainants allege that the management of the Moroccan Phosphate Agency has ended the arrangement whereby union delegates were allowed time off, and that this is an anti-union measure. They add that the UMT Phosphates Workers' Union launched a strike in protest against this measure and that to break the strike the authorities committed acts of intimidation such as the occupation of the union premises and the arrest of workers.
2. 151. In its observations the Government states that in abolishing the system whereby trade union delegates were allowed time off the purpose of the management of the Moroccan Phosphates Agency was to conform to the provisions of the dahir of 24 December 1960 respecting the status of persons employed in mining undertakings, which had introduced a system of elected staff representatives.
3. 152. The management took the view, according to the Government, that if these provisions were to be fully applied certain measures concerning trade union delegates could no longer be maintained, since the latter were no longer the sole representatives of the staff, and also since the relations which should be established between the employer and the elected delegates had been defined by law.
4. 153. The Government concludes by pointing out that the system of allowing delegates time off had been introduced for practical reasons which had lost their justification with the application of the above-mentioned dahir.
5. 154. It appears from the Government's explanations that the decision to bring to an end the system of allowing trade union delegates time off was prompted by the entry into force of the dahir of 24 December 1960, which introduced a system of elected staff representatives, and was due to the fact that the practical reasons which had justified such an arrangement were no longer valid.

B. B. The Committee's conclusions

1. 155. The Committee notes, however, that in this particular case the union delegates in question had been granted certain facilities by the undertaking to enable them to carry out their task. The Committee considers that, such facilities being a considerable asset for the exercise of trade union rights, a substantial reduction of these facilities might have an adverse effect on the exercise of these rights, and it recommends the Governing Body to draw the Government's attention to this point.
2. 156. Having noted in addition that the complainants make allegations relating to measures of arrest and occupation of union premises with a view to breaking a strike-allegations to which the Government makes no reference in its reply-the Committee recommends the Governing Body to request the Government to be good enough to furnish its observations on this particular aspect of the case, and to decide to adjourn further examination of the case pending receipt of these observations.

The Committee's recommendations

1. 157. In these circumstances, the Committee recommends the Governing Body:
   • (a) to draw the Government's attention to the comments made in paragraph 155 above;
   • (b) to request the Government to be good enough to furnish its observations on the allegations relating to the arrest of workers and the occupation of trade union premises;
   • (c) to take note of the present interim report, on the understanding that the Committee will report again as soon as it is in possession of the information referred to in clause (b) above.