Informe provisional - Informe núm. 241, Noviembre 1985

1. 422. The Committee has examined this case on several occasions, the most recent being at its February 1985 meeting, when it presented an interim report to the Governing Body (see 238th Report, paras. 205 to 216, approved by the Governing Body at its 229th Session in February-March 1985). The Government subsequently furnished some observations in a communication dated 30 May 1985, received by the ILO while the Committee was in session.
2. 423. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 424. The complaints still outstanding in this matter relate to the death or injury of several hundred persons during demonstrations in connection with the 24-hour general strike called by the Democratic Confederation of Labour (CDT) on 20 June 1981 and with the closure of the CDT premises.
2. 425. At its session in February-March 1985 the Governing Body approved the following conclusions drawn up by the Committee: The Committee observes with regret that the Government has not indicated whether a judicial inquiry was made into the many deaths that occurred during the June 1981 demonstrations. It considers that events of such gravity should have led the authorities to take effective measures to elucidate the facts and determine responsibilities. It again requests the Government to indicate whether an inquiry has been carried out and, if so, to communicate the results thereof. The Committee recalls the importance it attaches to the protection of trade union property. It expresses the hope that the two trade unions affected by the closure of their headquarters have now fully recovered the use of their premises, and requests the Government to supply information in this regard.

B. The Government's reply

1. 426. In its communication of 30 May 1985, concerning the judicial inquiry into the events of 20 June 1981, the Government states that it has published a communiqué setting out detailed information to the effect that the special courts carried out their duty in accordance with the laws in force in Morocco.
2. 427. According to the Government the rights and safeguards of the defence were respected and sentences were passed according to the criminal nature of the acts committed by the persons charged. The persons implicated in the demonstrations were found guilty and punished. Those whose involvement was not proved were released.
3. 428. Regarding the allegation in connection with the closure of the premises of the Democratic Confederation of Labour, the Government states that it has never ordered the closure of any CDT premises.
4. 429. Furthermore the Government states that it has in general used dialogue and consultation constructively in its relations with the various occupational organisations and that it has initiated high-level contacts with trade union representatives to examine various economic and social questions with them. It also recalls that the CDT is now represented in Parliament and is consequently in a position to raise occupational and trade union issues before the Government, which it can question orally.
5. 430. In conclusion, the Government hopes that it can rely on the perception or sense of fairness of the Committee on Freedom of Association to reinforce its efforts to settle Case No. 1054 once and for all.

C. The Committee's conclusions

1. 431. The Committee expresses regret that the Government has not supplied it with the communiqué referred to in its reply of 30 May 1985 which it states contains detailed information concerning the deaths and injuries that occurred during the demonstrations of 20 June 1981. The Committee requests the Government to communicate this document to it.
2. 432. The Committee had already noted the fact that all the trade union leaders who were involved in this matter were released in November 1983, following a royal pardon, after more than two years' imprisonment (see 233rd Report, para. 237). The Committee also noted that the Democratic Confederation of Labour is once more taking part in the political and trade union life of the country and that a number of its representatives have seats in Parliament.
3. 433. The Committee also observes that, according to the Government's reply of 30 May 1985, it had never ordered the closure of any CDT premises.
4. 434. As regards the case as a whole, relating to events that took place in June 1981 and in view of the fact that two years ago the King pardoned the trade union leaders who had been involved in the matter, the Committee notes that the measures taken seem to fit in with the present pattern of a return to a fully normal situation in the trade union movement since the CDT is now represented in Parliament and is consequently in a position to raise occupational matters before the Government, which it can question orally.
5. 435. In these circumstances the Committee trusts that the situation which arose in connection with Case No. 1054, and which involved death and injuries during a strike in pursuit of economic and social demands, will not recur.
6. 436. The Committee wishes to remind the Government that, in ratifying Convention No. 98 - and in particular Article 4 thereof - it committed itself to taking appropriate measures to encourage and promote the full development and utilisation of machinery for voluntary negotiation with a view to regulating conditions of employment.
7. 437. The Committee also reminds the Government of the very great importance it attaches to the possibility of having recourse to strike action as a legitimate means of defending the workers' economic and social interests.
8. 438. The Committee therefore appeals to the Government to engage in a dialogue with all the trade union forces in the country, and in particular with the CDT, so that the Government may henceforth ensure that economic and social problems are resolved through industrial relations machinery which is considered reliable by those concerned.