Informe provisional - Informe núm. 287, Junio 1993

Caso núm. 1671 (Marruecos) - Fecha de presentación de la queja:: 03-SEP-92 - Cerrado

1. 469. In a communication dated 3 September 1992, the Democratic Confederation of Labour (CDT) presented a complaint of violation of trade union rights against the Government of Morocco.
2. 470. At its February 1993 Session (see 286th Report, para. 10) the Committee observed that, despite the time which had elapsed since the presentation of the complaint, it had still not received observations and information from the Government. The Committee drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could submit a report on the substance of the case, even if the observations of the Government were not received in due time. Since this urgent appeal, the Committee has received certain observations from the Government concerning this case, in a communication dated 19 May 1993.
3. 471. 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. Allegations by the complainant organization

1. 472. In a communication of 3 September 1992, the Democratic Confederation of Labour (CDT) alleges violations of freedom of expression and obstruction of trade union activities.
2. 473. The CDT states that on 2 September 1992 the authorities of the City of Casablanca broke into the organization's headquarters and called on firemen to remove and confiscate posters that the organization had placed on the walls of the building. The CDT considers that the authorities of Casablanca thus violated one of the most basic human rights as well as freedom of association.
3. 474. The organization explains that the posters in question expressed the CDT's position regarding the draft Constitution, which was to be submitted for a referendum on 4 September 1992. The National Council of the CDT had called for a boycott of the referendum, for reasons it enumerated in a declaration.
4. 475. In the town of Mecknes, too the authorities reportedly tried to have a notice-board removed from the entrance to a CDT building. In this case too, the messages on the board called for a boycott of the referendum and expressed the CDT's point of view.
5. 476. The CDT points out that Mr. Mobarak Abdel Aziz, a trade union official, was arrested in the department of Mecknes while distributing pamphlets containing the National Council's declaration.
6. 477. According to the complainant organization, on 2 September 1992 the authorities of the town of Khariba refused to authorize the CDT to hold a meeting at a community centre. Furthermore, they forcibly prevented this meeting and an assembly before the CDT premises from taking place. Several members of the police and security units subsequently surrounded the premises and attempted to remove the notice-board from the building's entrance.
7. 478. The CDT states that the authorities in Khariba arrested Messrs. Gayar, Sadik, Yolkagam and Gabroun, who are trade union officials and activists, while they were distributing the CDT's declaration concerning the boycott of the referendum on the draft Constitution. These people were questioned and released only after several hours; the leaflets were confiscated.

B. The Government's reply

1. 479. The Government states that as regards the allegations concerning freedom of expression, article 9 of the Moroccan Constitution guarantees freedom of opinion and expression in all its forms to all citizens. This freedom can be exercised in practice by all trade union bodies either by means of the press or other means of audiovisual information. Thus, on 1 May 1993, trade union officials had the possibility of using television in order to present the programmes and claims of trade union organizations, and to express their stance vis-à-vis economic and social matters, due to the complete media coverage of the demonstrations organized on this occasion.
2. 480. As regards the other allegations concerning in particular the removal of notice-boards, the Government states that in the course of the referendum campaign on the revision of the Constitution, some trade union officials from the Democratic Confederation of Labour had fixed a notice-board in a public place, without conforming to the applicable law on this matter. the competent authorities only intervened to ensure the respect of laws relating to the fixing of notice-boards in public places.

C. The Committee's conclusions

1. 481. The Committee regrets that the Government, despite the time which has elapsed since the presentation of the complaint, and although it was invited to make comments and observations regarding the allegations of the complainant organization on several occasions, including by an urgent appeal, has only presented observations of a general nature.
2. 482. 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 detailed information it had hoped to receive from the Government.
3. 483. 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 own good name of formulating, for objective examination, detailed factual replies to the allegations put forward against them. (See the First Report of the Committee, para. 31.)
4. 484. The Committee notes that this case concerns allegations of violations of trade union rights to free expression and to hold meetings, of break-ins at trade union premises and the arrest of trade unionists.
5. 485. The Committee notes that, according to the complainant organization, the authorities of the City of Casablanca broke into the CDT's headquarters and, with the help of firemen, removed posters from the walls of this building. The authorities of the towns of Mecknes and Khariba too reportedly removed notice-boards from CDT premises; in the latter, a trade union meeting at a community centre was reportedly forbidden and security forces reportedly intervened to prevent this meeting and an assembly in front of the trade union premises, which had reportedly been surrounded, from taking place. The Committee also notes that the posters and notice-board expressed the point of view of the CDT on the draft Constitution, which was to be submitted for a referendum, for which the CDT had called for a boycott. In addition, pamphlets distributed by the CDT on this subject were reportedly confiscated.
6. 486. The Committee first of all emphasizes the importance it attaches to the principle according to which the full exercise of trade union rights calls for a free flow of information, opinions and ideas, and to this end, workers, employers and their organizations should enjoy freedom of opinion and expression at their meetings, in their publications, and in the course of other trade union activities. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 175.)
7. 487. The Committee notes that the CDT reports the arrest of trade unionists while they were distributing pamphlets calling for a boycott of the referendum on the draft Constitution. It notes that those arrested were Mr. Mobarak Abdel Aziz (arrested in Mecknes) and Messrs. Gayar, Sadik, Yolkagam and Gabroun (arrested and questioned in Khariba, and released a few hours later). The Committee recalls that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association. (See Digest, op. cit., para. 88.) In order to make a fully informed decision in this case, the Committee requests the complainant organization to provide a copy of the statement of its National Council concerning the boycott of the referendum on the new draft Constitution, which it referred to in its allegations.
8. 488. The Committee requests the Government to keep it informed of the situation of Mr. Mobarak Abdel Aziz, arrested in Casablanca, whose release was not reported by the complainant organization.

The Committee's recommendations

1. 489. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) In order to make a fully informed decision in this case, the Committee requests the complainant organization to provide a copy of the statement of its National Council concerning the boycott of the referendum on the new draft Constitution, which it referred to in its allegations.
   • (b) The Committee requests the Government to keep it informed of the situation of Mr. Mobarak Abdel Aziz, arrested in Casablanca.