27 Thematic and 12 General Recommendations: To expand guarantees for the effectiveness of the right to strike, protect trade union freedom, and ensure that the right to peaceful strike remains free from unlawful restrictions or criminal penalties
The National Human Rights Council (CNDH) published a memorandum on the draft organic law No. 97-15 defining the conditions and methods for exercising the right to strike. The development of this memorandum was based on the Kingdom’s Constitution, particularly the provisions outlined in the First and Second Chapters, as well as Article 8. It is also aligned with Law No. 76-15 relating to the reorganization of the CNDH. The memorandum was developed in response to the request for an opinion submitted to the CNDH by the President of the House of Representatives on July 26, 2024.
The publication of this memorandum reflects the CNDH’s effort to contribute in establishing appropriate legal guarantees and the necessary institutional conditions for the effective exercise of the right to strike. Recognized as a constitutional right, this right may only be restricted in accordance with the principles of legitimacy, necessity and proportionality, as outlined in the United Nations human rights framework.
The recommendations and proposals included in this memorandum are based on a comprehensive analysis of various reference texts regarding the conditions and methods for exercising the right to strike. In addition to the Moroccan Constitution, these proposals and recommendations are based on a thorough and cross-cutting examination of relevant international and regional conventions, particularly the ILO normative texts and the reports of its two main committees. The memorandum also incorporates insights from trade union organizations, reflecting their proposals for a legal framework governing the exercise of the right to strike.
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