Informe provisional - Informe núm. 243, Marzo 1986

1. 555. The Moroccan Federation of Labour presented a complaint of infringement of trade union rights in communications dated 27 and 29 June 1985. The Government sent its observations in communications dated 27 November 1985 and 23 January 1986. The Office requested the Government to supply additional information on this case in communications dated 4 December 1985 and 20 January 1986.
2. 556. Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. The complainant's allegations

1. 557. The National Co-ordinating Committee of the Mining Sector, an affiliate of the Moroccan Federation of Labour (UMT), alleges that trade unionists in this sector have been arrested in the following circumstances.
2. 558. On 4 June 1985, a labour dispute arose between the miners of Al-Hamman, the management of the mine belonging to Omnium Nord Africain, whose head office is located on Hassen II Boulevard in Casablanca, and the local authorities. Five miners were accused of having lost explosives and were immediately arrested. Shortly afterwards, the explosives having been found, they were released. After this incident, the trade union executives of the mine proposed to the management to set up a special branch responsible for supervising the circulation and handling of explosives, but the management simply turned down this proposal.
3. 559. Considering that this was the management's responsibility and that the latter wished to shift it on to the miners and use it against them, the miners, in view of the management's refusal to assume its responsibilities, decided to hold a strike starting on 6 June 1985. Negotiations with the management and approaches to the authorities by the leaders of the local trade unions of Khemisset and Meknès produced no results.
4. 560. The management, on the other hand, proceeded to have several members of the trade union executive of the mine and certain activists arrested by the local authorities. The following persons were arrested: Ray Mohamed, Serhain Ben Aóssa, Sioda Mohamed, El Oujdi Ahmed, Madan Akechir, Rabah Hassan, Cheikh M'Barek, Hassi ou Abdou Saalah and Ben Azzouz.
5. 561. The complainant further alleges that the management also recruited new workers to replace the strikers.

B. The Government's reply

1. 562. In its reply dated 27 November 1985, the Government states that the dispute between the miners of Al-Hamman and the management of the mine in question was definitively settled following an agreement concluded between the two parties, and it encloses with its reply a copy of the agreement drawn up on this occasion.
2. 563. In its communication of 23 January 1986, the Government admits that 11 strikers mentioned by the complainant have been sentenced to prison terms of two to four months. It explains that the Al-Hamman mine was attacked by the striking miners, in particular those involved in the complaint, so as to force the other miners, who were continuing to work, to join the strike; to end this disturbance, to restore public order and to maintain freedom to work, the forces of order intervened and brought before the courts those who were mainly responsible for the situation. The Government adds that those sentenced have appealed to the Rabat Court of Appeal which, on 13 August 1985, confirmed the decision of the first instance. It repeats that the dispute has now been settled by the signing of the agreement referred to above.

C. The Committee's conclusions

1. 564. The Committee notes with regret that the Government does not comment on the allegation that the management recruited new workers to replace the strikers. On the other hand, it confirms that the striking miners referred to by the complainant have been sentenced to prison terms ranging from two to four months.
2. 565. In addition, it appears from the agreement that the miners' claims have been satisfied. The agreement of 22 July 1985, signed after a meeting held at Khemisset between the Samine company and the UMT staff representatives, states that it was decided to introduce practical and theoretical training courses for mining personnel involved in the storage, distribution, transportation and use of explosives, with a view to improving the conditions in which such materials are used and to eliminate the risk of accidents. The company is to organise the training courses at its own expense, under the aegis of the Ministry of Energy and Mining. The company will study ways of strengthening control over the use of explosives and the management is to reward deserving workers according to the qualifications they obtain. Both parties are to ensure strict application of the safety regulations in force.
3. 566. In order to facilitate the return to work, the agreement provides that the company is to grant an advance to any worker who claims it, that such advance shall amount to 1,000 dirhams and that it shall be repayable before 31 December 1985. It also provides that both parties undertake to settle disputes by holding meetings periodically or whenever the situation requires, and that work should be resumed on 23 July 1985 at 6 a.m., or on 29 July in the case of workers who were absent at the time.
4. 567. In these circumstances, the Committee observes that the dispute in question has been settled. It considers it necessary, however, to recall that workers and their organisations should be able to have recourse to strike action as a legitimate means of defending their economic and social interests, that the use of labour drawn from outside the undertaking with a view to replacing striking workers entails a risk of derogation from the free exercise of trade union rights. The Committee would also recall that, in cases of strike action, the authorities should resort to the use of forces of order only in serious situations where law and order are seriously threatened.
5. 568. Given the information presently in its possession, the Committee regrets that 11 persons were sentenced to terms of imprisonment after a strike. So as to be able to reach conclusions in full knowledge of the facts, it requests the Government to transmit the text of the judgements handed down in these matters. The Committee would also like to have information on the consequences that this sentencing may have on the employment situation of these strikers.