Constitutional Court Validates Morocco’s Controversial Strike Law

The Constitutional Court of Morocco has validated Law 97-15 concerning the right to strike, asserting its compliance with constitutional principles. While the law has faced substantial opposition from labor organizations, the Court clarified that its implementation must adhere to established guidelines. The ruling emphasizes regulatory constraints, ensuring that workers’ rights to strike are not permanently compromised amid broader economic challenges.

The Constitutional Court of Morocco, under the leadership of Mohamed Amine Benabdallah, affirmed the contentious organic law on the right to strike, known as Law 97-15, indicating it adheres to constitutional guidelines. This validation followed extensive deliberations and nationwide protests from workers. The legislative process culminated in parliamentary approval on February 5, with an 84 to 20 vote in favor.

Prime Minister Aziz Akhannouch presented the proposed law to the Constitutional Court on February 11. Subsequently, exchanges between the Court, House Speaker Rachid Talbi Alami, and members of parliament occurred from February 13 to 19. The court’s ruling articulated specific observations regarding Articles 1, 5, and 12, outlining the conditions for exercising the right to strike without conflicting with the Constitution.

The Court explained that the Constitution designates the organic law as the framework under which the right to strike is defined. It emphasized the law must respect constitutional supremacy. It noted that reminders of international conventions related to strike rights do not automatically constitute constitutional violations. Article 5 was validated, provided that regulatory texts do not impose additional conditions beyond those specified in the organic law concerning strikes.

Furthermore, while validating Article 12, which details strike protocols in the private sector, the Court stipulated that the regulatory texts must not create new procedures outside of those already established in the law. This focuses on the formation of strike committees, especially in enterprises lacking unions.

Labor organizations vehemently oppose this legislation, asserting it undermines workers’ rights. The law permits considerable government oversight in strikes and establishes restrictive measures, which labor groups fear will hinder actual labor rights. UMT Secretary General Miloudi Moukharik previously declared, “This is a retrograde, unconstitutional law that we will always fight. We reject this law and call on the government to freeze it,” resonating with a crowd united against the law.

Despite the legal adjustments made, such as prohibiting employers from hiring replacement workers during strikes, major unions like UMT and CDT remain dissatisfied, leading UMT to withdraw from parliamentary discussions. A prior nationwide strike, fueled by the law’s emergence, resulted in conflicting participation claims between unions and government officials.

The controversy regarding the law arises amidst Morocco’s broader economic difficulties, with unemployment rates at 13% nationwide and significantly higher among the youth. Recent wage negotiations yielded a 10% increase in minimum wage, yet unions report widespread employer non-compliance against a backdrop of surging living costs. Labor representatives voiced concerns over the rising prices of essential commodities, stating that “the prices of meat, chicken, and all basic commodities used daily by Moroccans have increased to unacceptable levels.”

In accordance with Article 132 of the Moroccan Constitution, organic laws require the Constitutional Court’s sanction prior to their formal enactment. The Court’s validation preserves the law’s framework while establishing precise limits regarding its regulatory implementation, particularly surrounding strike initiation in the private sector.

In summary, the Constitutional Court of Morocco has upheld the controversial Law 97-15 concerning the right to strike, which has sparked significant debate and worker protests. While the law is affirmed as constitutionally valid, the court has emphasized the need for regulatory texts to respect established conditions. Ongoing labor disputes highlight concerns over workers’ rights amid economic challenges, underscoring a complex interaction between governance, labor rights, and social justice within Morocco.

Original Source: www.moroccoworldnews.com