The Constitutional Court of Morocco upheld Law 97-15 on the right to strike, asserting its constitutionality amid labor protests. The court made critical observations regarding several articles that govern strike protocols, emphasizing respect for constitutional supremacy. Despite the law’s validation, labor organizations vehemently oppose the legislation, citing concerns over workers’ rights and government overreach during strikes. The controversy reflects broader economic issues, including rising unemployment and inflation in Morocco.
On Wednesday, the Constitutional Court of Morocco, under the leadership of President Mohamed Amine Benabdallah, upheld the contentious organic law concerning the right to strike, determining that Law 97-15 aligns with the Constitution. This ruling comes after extensive discussions and statewide labor protests, following the law’s parliamentary approval on February 5, which garnered 84 votes in favor and 20 against.
The court’s decision addressed key articles within the law, including Articles 1, 5, and 12. It clarified that the Constitution designates organic laws with the authority to define how the right to strike is exercised. Therefore, any legislation must respect the Constitution’s supremacy while remaining within its parameters. Furthermore, the court noted that reminding parties of international standards related to the right to strike and constitutional rights does not contravene the Constitution.
Regarding Article 5, which deems strikes illegal if conducted contrary to the law, the court stated that the article is constitutional only if subsequent regulations do not impose additional conditions beyond those established by the organic law. For Article 12, which details strike protocols in private enterprises, a significant requirement was added; any regulatory texts must align strictly with the article’s original stipulations without introducing new strike calling procedures.
Labor organizations have expressed significant dissent towards this law, perceiving it as a violation of workers’ rights. The legislation empowers government officials to exert influence over strike activities, consequently heightening concerns regarding labor rights. UMT Secretary General Miloudi Moukharik publicly condemned the law as unconstitutional and urged the government to suspend it, garnering strong support from union representatives at a protest rally.
Despite some amendments, such as prohibiting replacement worker hiring during strikes, discontent among major unions like UMT and CDT persisted, leading to UMT’s withdrawal from parliamentary negotiations in protest. A recent two-day nationwide strike was provoked by this law; while major unions reported an 84.9% participation rate, government statistics provided significantly lower numbers, citing a 32% overall turnout in the public sector.
The Constitutional Court’s ruling particularly illuminates Article 8, which allows temporary agreements for social truces without impairing workers’ rights to strike. The court emphasized that these rights should remain protected post-agreement or upon any violation of commitments, ensuring continued protection for labor rights.
This legal dispute unfolds amid economic adversity, with unemployment hitting 13% and reaching nearly 37% among youth. Although a 10% minimum wage increase was recently negotiated, unions have criticized employers for failing to comply, highlighting rising prices for essential goods.
The Constitutional Court of Morocco has validated a controversial law regulating the right to strike, which has faced intense criticism from labor unions. Despite the law’s approval, significant concerns remain regarding its implications for workers’ rights and the extent of governmental authority during strikes. The ongoing labor unrest highlights the struggle between legislative regulation and labor rights, further complicated by Morocco’s economic challenges such as rising unemployment and inflation. The court’s ruling sets precedent for how future regulations must align with constitutional principles while preserving workers’ rights to strike.
Original Source: www.moroccoworldnews.com
