The Economic, Social, and Environmental Council (CESE) has criticized the proposed Bill No. 97.15, which aims to define the conditions and procedures for exercising the right to strike in Morocco.
In its most recent review, the council labeled the draft proposal as “incoherent” and recommended substantial revisions of the text.
The Council’s review argues that the draft law lacks, clarity and multiple overlapping provisions. The problems, the council suggests, could potentially lead to confusion and potential misinterpretation due to vague definitions and concepts.
The new reform was voted in parliament in July, steering substantial controversy with many claiming the reform restricts workers’ right to strike.
The Council has urged a comprehensive overhaul of many sections, citing concerns that the current proposal undermines the legal and rights security of all involved parties.
According to the Council, the exclusion of certain legally organized social groups from exercising a constitutional right is a major flaw.
For the council, the exclusion alone provides sufficient grounds for revisiting and revising the draft law.
The draft law’s “overloading” with excessive details and legal provisions, which might be better suited for lower-level regulations, has been criticized for deviating from the intended spirit of regulating a constitutional right that has been awaited for over 60 years. The Council reckoned that such an approach detracts from the fundamental purpose of the legislation.
In its advisory opinion, the official body expressed support for the initiative to introduce a regulatory law for strikes, as outlined in Article 29 of the constitution. However, it stressed the need for the law to be in line with constitutional principles and international standards to ensure a balanced approach that serves the interests of all stakeholders.
The Council explained that regulating the right to strike should be viewed as a “societal project” requiring broad consultation and constructive agreements. All relevant parties should be involved to ensure that the final law reflects the interests of various societal groups.
In addition, the Council stressed that the draft law should maintain a balance between the right to strike and the freedom to work. It argued that this balance is crucial for a dynamic and democratic society.
Among the demands, the Council also called for the draft law to address business constraints, such as productivity and public service continuity, while improving the material and moral interests of workers and employees. It should also confirm their right to strike as a legal means of protecting these interests.
In terms of content, the Council recommended that the draft law provide clear and enforceable rules to avoid interpretive discrepancies and ensure legal security for all parties involved. It also suggested that the draft avoid custodial penalties, following international practices, and instead impose proportional financial fines based on the severity of the actions involved.
The right to strike is one that has been upheld in Moroccan constitutions since 1962 and recognized by international standards such as the International Covenant on Economic, Social, and Cultural Rights and ILO Convention No. 87, the Council maintains.