Constitutional Court Upholds Morocco’s Right to Strike Law Amid Protests
The Constitutional Court of Morocco validated Law 97-15 regarding the right to strike, affirming its constitutional alignment. The ruling followed significant labor protests and parliamentary approval. Key stipulations were outlined for Articles 1, 5, and 12, addressing regulatory boundaries and enforcement within the private sector. Major labor organizations opposed the law, citing concerns about workers’ rights, leading to widespread protests and significant union dissent amid ongoing economic challenges.
On Wednesday, the Constitutional Court of Morocco, led by Mohamed Amine Benabdallah, upheld the controversial organic law regarding the right to strike, known as Law 97-15, affirming it does not violate the constitution. The decision comes after a series of labor protests and intense discussions surrounding the law. This validation followed the law’s final parliamentary approval, which occurred on February 5, with 84 votes in support and 20 opposed.
Prime Minister Aziz Akhannouch submitted the legislation to the Constitutional Court on February 11, sparking discussions with House Speaker Rachid Talbi Alami and other parliamentarians from February 13 to 19. The ruling made important observations about Articles 1, 5, and 12 of the law, outlining necessities for regulations that adhere to constitutional guidelines.
The court specified, regarding Article 1, that the Constitution stipulates organic laws must define the conditions for the right to strike, asserting that the legislation must remain within the constitutional framework. Additionally, it remarked that the inclusion of international conventions related to the right to strike does not inherently breach constitutional provisions.
For Article 5, which deems unlawful any strike not adhering to the law, the court noted that it is constitutional only if the referenced regulatory texts do not impose additional restrictions beyond those outlined in the organic law. Article 12, which pertains to private sector strike procedures, was also validated but emphasized that regulatory texts must not enforce new modalities for strike approvals apart from what has been defined.
Labor organizations have expressed significant dissent against the legislation, characterizing it as a violation of workers’ rights. Critics argue it grants extensive authority to government officials in strike situations and enforces dual restrictions on labor actions, potentially undermining labor rights.
During a recent rally of union representatives across multiple sectors, UMT Secretary General Miloudi Moukharik condemned the law as unconstitutional, urging the government to halt its implementation. Concessions, such as banning employers from hiring replacement workers during strikes, did not satisfy major unions, leading to UMT’s withdrawal from parliamentary conversations.
Last month, a two-day national strike arose in response to this contentious law, stirring debate over participation rates, with the UMT reporting an 84.9% turnout. In contrast, the government reported much lower figures, indicating turnout at 32% in the public sector and only 1.4% in private sector participation. Nonetheless, the strike caused notable disruptions across various sectors including education, healthcare, and industry.
The court’s ruling clarifies that while collective agreements may facilitate temporary social truces, they cannot indefinitely deny workers their strike rights. This ruling aligns with growing economic concerns, as national unemployment sits at 13%, escalating to nearly 37% among youths. Recent agreements provided a 10% minimum wage increase, but non-compliance by employers, combined with rising living costs, continues to provoke union grievances.
In conclusion, the Constitutional Court of Morocco has validated Law 97-15 regarding the right to strike amidst considerable opposition from labor organizations. This law presents intricate stipulations for strike regulations while also emphasizing the necessity of adhering to constitutional frameworks. The court’s endorsement delineates specific boundaries for implementing regulations, particularly regarding private sector strike initiation. Despite governmental efforts to refine the legislation, substantial dissent remains from unions concerned about the impact on workers’ rights amid economic hardships.
Original Source: www.moroccoworldnews.com
