The Constitutional Court of Morocco validated the controversial Law 97-15 on the right to strike, ruling it constitutional after intense public protests. The law lays down specific provisions regarding the process of strikes, including penalties for illegal strikes and procedures in the private sector. Labor organizations oppose it, claiming it infringes on rights, as the law provides significant power to government officials. The ongoing economic difficulties and public unrest further complicate the implementation of this controversial legislation.
The Constitutional Court of Morocco has validated the controversial Law 97-15 on the right to strike, ruling that it is constitutional. This decision followed weeks of labor protests and was finalized after parliamentary approval on February 5, where the bill received 84 votes in favor. Prime Minister Aziz Akhannouch submitted the law to the court on February 11, signaling the beginning of written discussions with parliamentary leaders.
The court made observations on particular articles of the law. It stated that Article 1 is constitutional as it adheres to the constitutional framework governing organic laws, emphasizing that conditions for exercising the right to strike must align with constitutional mandates. The court noted that references to international principles within the law did not violate constitutional rights.
For Article 5, which deems illegal any strikes conducted in violation of the law, the court found it constitutional as long as subsequent regulations do not redefine the process for exercising the right to strike. Article 12, which details strike procedures in the private sector, was also validated, under the condition that any regulatory texts must adhere strictly to the established modalities.
Labor organizations argue that the law infringes upon workers’ rights, granting excessive power to government officials in strike actions and imposing dual restrictions. UMT’s Secretary General Miloudi Moukharik condemned the law as unconstitutional and called for its suspension, voicing union concerns amid nationwide protests.
Notably, amendments have been made to prohibit employers from hiring replacement workers during strikes, yet major unions remain dissatisfied. The recent two-day nationwide strike highlighted these tensions, with conflicting turnout reports emphasizing the depth of discontent among labor groups.
The court also addressed Article 8, clarifying that while social truces can be agreed upon, they cannot forever restrict the workers’ right to strike. This ruling ensures that workers maintain their strike rights even after temporary agreements or if terms are broken.
The law’s validation occurs against a backdrop of worsening economic conditions in Morocco, marked by a high national unemployment rate and increasing living costs. Union representatives have highlighted the rising prices of basic goods, which have further strained workers’ conditions. Article 132 of the Moroccan Constitution underscores that organic laws require approval from the Constitutional Court before enactment, a requirement observed in this case as the court delineated clear guidelines for implementing the new law.
The Constitutional Court’s validation of Morocco’s Law 97-15 on the right to strike emphasizes the legislative intent while addressing significant labor concerns. It strives to balance the government’s regulations with the constitutional rights of workers. Amidst economic struggles and discontent from major labor unions, the law remains contentious as stakeholders express ongoing opposition and demand further revisions to protect workers’ rights. This legal affirmation signals a critical moment in labor relations within Morocco, indicative of the broader socio-economic challenges facing the nation.
Original Source: www.moroccoworldnews.com
