Join on WhatsApp
Join on Telegram
Rabat – The Moroccan National Human Rights Council (CNDH) has issued recommendations focused on strengthening protections for striking workers, bolstering trade union freedoms, and seeking to boost the practical guarantees surrounding the right to strike in Morocco.
During a recent presentation of its memorandum on the right to strike bill outlining the conditions and methods for exercising this right, CNDH Chairperson Amina Bouayach explained that the right to strike is a clear constitutional entitlement and a crucial aspect of trade union freedoms.
Bouayach noted that this right enables employees to advocate for their economic and social interests, ensuring that their rights remain a priority in the workplace.
Hence, the council calls for the establishment of conditions and guarantees to make striking an exceptional act, starting with the provision of appropriate working conditions and fostering trust between employers and employees.
It also urged the creation of mechanisms for resolving labor disputes through dialogue and negotiation, while ensuring that the guarantees allowing different employee groups to exercise their right to strike and safeguard their rights during negotiation phases are not compromised.
Challenging criminal penalties for peaceful strikes
In its review of the proposed organic bill governing the right to strike, the CNDH asserted that imposing criminal penalties on workers participating in a peaceful strike is unacceptable, as such penalties would violate fundamental human rights, particularly when the strike is legitimate.
The council recommended eliminating any references to the criminal code in the penalties section, especially in the absence of violence or threats, and urged the removal of any mention of “severe criminal penalties,” asserting that the organic bill should be the sole piece of legislation regulating the right to strike.
Additionally, the CNDH reiterated the need to respect the internal operations and independence of unions in declaring strikes, calling for the removal of provisions that would require unions to announce the date or location of general meetings in advance or to disclose specific employee information related to preparing meeting reports.
The CNDH advised that the list of public sector employees who are not entitled to exercise the right to strike should be limited in line with International Labour Organization (ILO) principles. It suggested reclassifying some of these groups into categories that require a minimum level of service while providing alternative guarantees for collective bargaining to compensate for this restriction.
The council also maintained that prohibitions on ministries or sectors defined by the organic law should apply only to specific groups with state responsibilities, ensuring that other employee categories, including those in technical positions, retain their right to strike.
To balance the need for continuity in vital services with the right to strike, the CNDH recommended removing provisions that allow local authorities to set minimum service levels. It reaffirmed the importance of institutionalizing social dialogue and promoting collective bargaining, proposing the formalization of collective agreements within companies to establish criteria for minimum service levels.
Redefining the right to strike
The memorandum advocates for expanding the range of entities eligible to exercise the right to strike and broadening the definition of a strike to encompass the defense of both individual and collective moral and professional interests of workers.
It recognizes the legitimacy of all forms of strikes, including solidarity strikes and rotating strikes, while emphasizing the need for organization, peacefulness, responsibility, and a commitment to avoid violence or threats.
The right to strike must also respect the freedom of work for others, allowing individuals to choose whether to participate in the strike without facing pressure, retaliation, or obstruction from strikers or employers.
The memorandum underlines that striking workers have a responsibility to respect the freedom of non-strikers, ensuring strikes are conducted peacefully without jeopardizing the safety of individuals or causing damage to workplaces. However, it contends that prohibiting striking workers from remaining on-site and imposing fines infringes on their right to strike.
While salary deductions during a strike do not violate principles of trade union freedom, the council urges maintaining proportionality between the duration of work stoppage and the deducted amount under the “payment for work” principle. It also calls for exceptions to this principle, particularly when strikes arise from delayed salary payments, restrictions on trade union freedoms, or demands for legal enforcement.
The council’s proposals are rooted in constitutional provisions and the Universal Declaration of Human Rights, as well as various international covenants related to economic, social, cultural, civil, and political rights. These recommendations are based on 11 fundamental guiding principles and are informed by practices from 13 international examples, including those from Jordan, Germany, Uruguay, Ireland, Italy, Sweden, France, Finland, Canada, South Korea, Hungary, the United Kingdom, and the United States.
