Following the publication of its human rights memorandum on the subject, the National Human Rights Council (CNDH) continues to monitor the public debate and the diverse opinions and positions expressed... to ensure the effectiveness of a constitutional right and the optimal implementation of genuine trade union freedoms.

The CNDH continues to follow the discussions and opinions expressed by various stakeholders regarding Draft Organic Law No. 97-15, which defines the conditions and procedures for exercising the right to strike, as well as the proposed amendments to it. This is done in the context of ensuring that the government, parliament, trade unions, and other relevant stakeholders are engaging with the CNDH recommendations issued in September of last year (September 2024).

The CNDH welcomes the positive interaction with several recommendations outlined in its memorandum, following consultations with trade unions, stakeholders, and experts. These recommendations are based on a human rights framework, including the Constitution, international conventions, normative texts of the International Labour Organization (ILO), reports of the Committee on Freedom of Association (CFA) and the Committee of Experts on the Application of Conventions and Recommendations (CEACR) (both under the ILO), as well as memoranda from trade union organizations and the accumulated practices and achievements related to the right to strike.

The Right to Strike
The right to strike is a constitutional right, this right may only be restricted in accordance with the principles of legitimacy, necessity and proportionality, as recognized in the United Nations human rights framework.

CNDH Memorandum Link:
39 Human Rights Recommendations (27 thematic and 12 general) for expanding guarantees of the effectiveness of practicing strikes

Reminder of Some Key Guiding Principles from the CNDH Memorandum: Protection and promotion of trade union freedoms; Non-discrimination; Peacefulness; Dialogue and consultation; Justice; legitimacy and proportionality in any restriction of rights and freedoms; Limitation of authority intervention; Ensuring that the exercise of this right is not subject to criminal penalties.

Link (Available in Arabic):
https://www.cndh.ma/sites/default/files/inline-files/MEMO%20-%20CODE%2097.15.pdf