Definitive Report - Report No 207, March 1981

Case No 993 (Morocco) - Complaint date: 15-AUG-80 - Closed

1. 65. In a communication of 15 August 1980, the Regional Federation of Trade Unions of Rabat (Moroccan Federation of Labour) presented a complaint of violation of trade union rights in Morocco. The Government sent its observations in a communication of 17 December 1980.
2. 66. 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. 67. The Regional Federation of Trade Unions of Rabat alleges that three trade union delegates have been dismissed. The complainant organisation explains that, on 5 March 1979, the workers of the farm undertaking SODEA elected their trade union officers at a general assembly and deposited the list with the management of the undertaking and the authorities according to law. On 7 March 1979, however, the management illegally transferred all the trade union officers. The latter, continues the complainant organisation, refused to comply with this decision and referred the matter to the ministry on which the company depends. Yet, before any arbitration could take place the management dismissed three trade union delegates: Lboukili Ahmed, Rouibah Ahmed and Benwakrim Said Mohamed.
2. 68. Parallel with the arbitration procedure initiated with the authorities, the complainant organisation says that it brought a court action against the management of SODEA. One year later, on 6 March 1980, the court of Rabat pronounced the dismissals unwarranted and ordered the management of SODEA to pay financial compensation. The complainant organisation adds that despite this judgement, however, and although the company is a state undertaking, all the approaches made to the Prime Minister, who is at the same time the chairman of the board of the undertaking, failed and the management persisted in its refusal to reinstate the trade union leaders who had been illegally dismissed.
3. 69. In its letter of 17 December 1980 the Government states that the Prime Minister gave instructions to the General Director of SODEA, a photocopy of which it attaches to its communication. In these instructions the Prime Minister requested the General Director to rescind the dismissals of Ahmed Lboukili and Said Mohamed Benwakrim and reinstate them in their former posts, in accordance with the judgement given by the Court of First Instance of Rabat and the social reform measures taken by the King of Morocco. Ahmed Rouibah, continues the Government, has left the country and is working in Japan.

The Committee's recommendations

1. 70. In these circumstances, and in the light of the decision of the Court of Rabat requiring the reinstatement of the persons concerned and the measures taken by the Prime Minister, the Committee recommends the Governing Body to decide that this case does not call for further examination.