Informe provisional - Informe núm. 302, Marzo 1996

Caso núm. 1825 (Marruecos) - Fecha de presentación de la queja:: 25-MAR-95 - Cerrado

Allegations: Anti-union intimidation; arrest and imprisonment of union officers and activists

1. 480. In a communication dated 25 March 1995 the Moroccan Labour Union (UMT) submitted a complaint of violations of trade union rights against the Government of Morocco. In letters dated 28 March and 5 April respectively, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and the International Confederation of Free Trade Unions (ICFTU) associated themselves with the complaint.
2. 481. In the absence of any reply from the Government, the Committee had to postpone its examination of this case involving allegations of a particularly serious nature on two occasions. At its meeting in November 1995 (see 300th Report, para. 9), the Committee made an urgent appeal to the Government stating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the information and observations requested from the Government had not been received in due time. The Government has not furnished any observations to date.
3. 482. Morocco has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); however, it has ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 483. In its communication of 25 March 1995, the UMT indicates that, on 23 March, the Sidi Slimane tribunal in the Kenitra region sentenced activists of the union to heavy prison sentences: the General Secretary of the UMT at the BISMA factory, Khadija Benameur, was sentenced to one year in prison and a fine of 1,500 dirhams; El Maaroufi Chakdoufe, an activist in the union, was sentenced to two months in prison and a fine of 4,000 dirhams; Ahmed Bouraki, union activist, was sentenced to one month in prison and 1,500 dirhams.
2. 484. The complainant organization adds that members of their union were subjected to pressure, manipulation and intimidation by the owner of the BISMA factory and local police authorities so that they would leave the union and abandon their trade union demands. On 14 March 1995, the police authorities, brutalizing and arresting workers, used violence to break up a responsible and peaceful strike undertaken by workers in front of the establishment in a call for respect of the labour legislation.
3. 485. The complainant organization alleges that the above-mentioned union activists were sentenced to prison on false accusations, including the disruption of the freedom to work.
4. 486. The complainant organization charges the Government with seriously restricting freedom of association and violating Conventions Nos. 87 and 98. It firmly protests such practices and calls for the immediate release of the sentenced activists, the respect of freedom of association and the opening of negotiations on trade union demands.

B. The Committee's conclusions

1. 487. The Committee regrets that, despite the time elapsed since the presentation of the complaint and given the seriousness of the matters alleged, the Government has not responded to any of the allegations made by the complainant organization, though it has been invited to make comments and observations on this case on several occasions, including by means of an urgent appeal.
2. 488. Under these circumstances, and in accordance with the applicable rule of procedure (see the 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee feels obliged to submit a report on the substance of the case, even in the absence of the information which it had hoped to receive from the Government.
3. 489. The Committee first of all reminds the Government that the purpose of the procedures established by the International Labour Organization for examining allegations of violations of freedom of association is to ensure that this freedom is respected in law and in fact. While these procedures protect governments against unreasonable accusations, they must recognize for their part the importance of formulating detailed replies to the allegations made against them for objective examination. (See First Report of the Committee, para. 31.)
4. 490. The Committee notes with concern that the allegations in this case refer to numerous infringements of freedom of association, including anti-union intimidation, violent police intervention during a peaceful strike and the arrest and imprisonment of strikers.
5. 491. As concerns the measures of anti-union intimidation and pressure allegedly used by the factory owner and local police authorities to coerce UMT members to quit the union, the Committee recalls that the right of workers to establish and join organizations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 271.) The Committee requests the Government to investigate these allegations of anti-union intimidation and to take the necessary measures to ensure that workers will be protected in the future from any forms of intimidation aimed at interfering with their legitimate trade union rights. The Government is requested to keep the Committee informed of the measures taken in this regard.
6. 492. As regards the intervention of the police during the strike, the Committee would first emphasize that a genuinely free and independent trade union movement can develop only where fundamental human rights are fully respected and guaranteed (see Digest, op. cit., para. 46) and recalls that the authorities should resort to the use of force in the event of strikes only in serious situations where law and order is seriously threatened. (See Digest, op. cit., para. 580.) The Committee therefore requests the Government to open an independent, impartial and in-depth inquiry to determine the nature of the police action concerned and to determine responsibilities and to keep the Committee informed in this regard.
7. 493. Noting the arrest of strikers and imprisonment of striking union activists Benameur, Chakdoufe and Bouraki, the Committee reminds the Government that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests. (See Digest, op. cit., para. 475.) The Committee considers that the authorities should not resort to arrests and imprisonment in connection with the organization or participation in a peaceful strike; such measures entail serious risks of abuse and are a grave threat to freedom of association. (See Digest, op. cit., para. 601.) Furthermore, no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike. (See Digest, op. cit., para. 602.) Finally, recalling that taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful (see Digest, op. cit., para. 586), the Committee urges the Government to release immediately any of the strikers who may still be detained and who were arrested for exercising legitimate trade union activities, to reimburse any penal fines paid by them and to ensure that they may be reinstated in their jobs. In this regard, the Government is requested to provide information to the Committee on the status of UMT activists Benameur, Chakdoufe and Bouraki.

The Committee's recommendations

1. 494. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As concerns the measures of anti-union intimidation and pressure, recalling that the right of workers to establish and join organizations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact, the Committee requests the Government to investigate these allegations and to take the necessary measures to ensure that workers will be protected in the future from any forms of intimidation aimed at interfering with their legitimate trade union rights. The Government is requested to keep the Committee informed of the measures taken in this regard.
   • (b) As regards the police intervention during the strike, recalling that the authorities should resort to the use of force in the event of strikes only in serious situations where law and order is seriously threatened, the Committee requests the Government to open an independent, impartial and in-depth inquiry to determine the nature of the police action concerned and to determine responsibilities and to keep the Committee informed in this regard.
   • (c) As concerns the arrest and imprisonment of striking union activists Benameur, Chakdoufe and Bouraki, the Committee recalls that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike. The Committee urges the Government to release immediately any of the strikers who may still be detained and who were arrested for exercising legitimate trade union activities, to reimburse any penal fines paid by them and to ensure that they may be reinstated in their jobs. In this regard, the Government is requested to provide information to the Committee on the status of UMT activists Benameur, Chakdoufe and Bouraki.