Report in which the committee requests to be kept informed of development - Report No 287, June 1993

Case No 1589 (Morocco) - Complaint date: 12-JUN-91 - Closed

1. 146. The Committee has already examined this case, at its May 1992 Session, during which it presented interim conclusions. (See 283rd Report, paras. 296 to 319, approved by the Governing Body at its 253rd Session (May-June 1992).)
2. 147. At its February 1993 Session (see 286th Report, para. 10), the Committee observed that, despite the time which had elapsed since the previous examination of this case, it had still not received the observations and information it had requested from the Government. The Committee drew the attention of the Government to the fact that, in accordance with the procedural rules set out in para. 17 of its 127th Report, it could submit a report on the substance of the cases even if the observations of the Government were not received in due time. Since this urgent appeal, the Committee has not received a reply from the Government concerning this case.
3. 148. 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. Previous examination of the case

1. 149. The allegations of the complainant organization still pending concern: (i) the dismissal from the Moulitex factory of several workers, including trade unionists and members of the executive committee, for having established a trade union executive within the factory; (ii) the failure to implement agreements providing for the reinstatement of people dismissed and suspended at the Moulitex and Sicob factories; (iii) the need to adopt legislative or other measures to ensure that Article 1 of Convention No. 98 is applied; and (iv) the violent intervention of the security forces in order to disperse the workers from the Moulitex and Sicob factories who were occupying the premises.
2. 150. At its May 1992 Session, the Committee formulated the following recommendations (see the 283rd Report of the Committee, para. 319):
   • (a) As regards the dismissals on 16 April of a number of workers of the Moulitex factory, including trade unionists and members of the union executive committee, the Committee calls on the Government to undertake an inquiry to determine the real reasons for these dismissals, and keep it informed of the outcome of such inquiry.
   • (b) As regards the allegations of other dismissals in the Moulitex and Sicob factories, the Committee requests the Government to take the necessary measures to implement the agreements providing for the reinstatement of the persons dismissed or suspended and to keep it informed of any developments in this respect. It also requests the Government to keep it informed of the outcome of the legal proceedings instituted by the seven dismissed workers who wished to bring their case before a court.
   • (c) Recalling the need to ensure, by means of specific provisions and sufficiently dissuasive penalties, that workers are protected against acts of anti-union discrimination by their employer, in accordance with Article 1 of Convention No. 98, and in the absence of provisions to this effect, the Committee once again urges the Government to adopt legislative or other measures in the near future to ensure the application of this provision of Convention No. 98 and to inform it of all developments in this respect.
   • (d) As regards the allegations relating to several incidents of violent intervention by the police on 2 and 3 June 1991 to disperse the workers from the Moulitex and Sicob factories who were occupying the premises, the Committee requests the Government to open an impartial and in-depth inquiry into the circumstances so as to determine the nature of and justification for the police action and to ascertain responsibilities, and to keep it informed of the outcome of this inquiry.

B. The Committee's conclusions

1. 151. The Committee deeply regrets that the Government, despite the time which has elapsed since the previous examination of this case, and although it was invited to communicate information requested from it by the Committee, including by an urgent appeal, has not done so.
2. 152. In these circumstances, and in accordance with the procedural rules applicable (see para. 17 of the 127th Report of the Committee, approved by the Governing Body at its 184th Session), the Committee is obliged to submit a report on the substance of this case in the absence of the information it had hoped to receive from the Government.
3. 153. The Committee first of all reminds the Government that the purpose of the whole procedure instituted by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for freedom of association in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side must recognize the importance for the protection of their good name of formulating, for objective examination, detailed factual replies to the allegations made against them. (See the First Report of the Committee, para. 31.)
4. 154. As regards the allegations concerning a large number of dismissals, including of trade union officials and trade unionists for their trade union activities, the Committee recalls the basic principles to the effect that workers should in practice be able to form and join organizations of their own choosing in full freedom and that no person should be prejudiced in his employment by reason of his trade union membership or legitimate trade union activities. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 222 and 538.) It further emphasizes that the use of extremely serious measures, such as dismissal of workers for having participated in a strike and refusal to re-employ them, implies a serious risk of abuse and constitutes a violation of freedom of association. (See Digest, op. cit, para. 444.)
5. 155. In this respect, the Committee is obliged once again to remind the Government that it is necessary for the legislation expressly to establish procedures for appeal against acts of anti-union discrimination taken by employers against workers, as well as penalties in this respect, in order to ensure the effectiveness in practice of Article 1 of Convention No. 98.
6. 156. As regards the violent intervention by the security forces during the occupation by the workers of the work premises, the Committee once again emphasizes that a genuinely free and independent trade union movement can only develop where fundamental human rights are fully respected and guaranteed (see Digest, op. cit., para. 68.), and recalls that in cases of strike movements the authorities should resort to the use of force only in serious situations where law and order is seriously threatened.
7. 157. In light of the fact that, since the previous examination of this case, the Committee does not have any new elements at its disposal concerning the allegations pending at its disposal, it urgently requests the Government to give effect to the following recommendations, as formulated by the Committee at its May 1992 Session, as quickly as possible.

The Committee's recommendations

1. 158. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the dismissals on 16 April of a number of workers of the Moulitex factory, including trade unionists and members of the union executive committee, the Committee calls on the Government to undertake an inquiry to determine the real reasons for these dismissals, and keep it informed of the outcome of such inquiry.
   • (b) As regards the allegations of other dismissals in the Moulitex and Sicob factories, the Committee requests the Government to take the necessary measures to implement the agreements providing for the reinstatement of the persons dismissed or suspended and to keep it informed of any developments in this respect. It also requests the Government to keep it informed of the outcome of the legal proceedings instituted by the seven dismissed workers who wished to bring their case before a court.
   • (c) Recalling the need to ensure, by means of specific provisions and sufficiently dissuasive penalties, that workers are protected against acts of anti-union discrimination by their employer, in accordance with Article 1 of Convention No. 98, and in the absence of provisions to this effect the Committee once again urges the Government to adopt legislative or other measures in the near future to ensure the application of this provision of Convention No. 98 and to inform it of all developments in this respect.
   • (d) As regards the allegations relating to several incidents of violent intervention by the police on 2 and 3 June 1991 to disperse the workers from the Moulitex and Sicob factories who were occupying the premises, the Committee requests the Government to open an impartial and in-depth inquiry into the circumstances so as to determine the nature of and justification for the police action and to ascertain responsibilities, and to keep it informed of the outcome of this inquiry.