Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Mali (Ratification: 2002)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that since 1998 Mali has been running a National Campaign against Child Labour, set up with technical assistance from ILO/IPEC. As part of the campaign, some ten action programmes have been implemented and four targets groups identified: rural child workers (agriculture, stock breeding, fishing and forestry); children engaged in gold panning; children apprenticed in hazardous trades in the informal sector (garage work, metalwork, woodwork, leatherwork, building, transport/load carrying and scavenging); girls working in urban areas (domestic workers, sellers, employees of bars, hotels and restaurants). The Committee requests the Government to provide information on the implementation of these programmes and particularly on the child labour eliminated.

Article 2, paragraph 1. 1. Scope. The Committee notes that according to article 1 of Act No. 92-020 of 18 August 1992 issuing the Code Governing Labour in the Republic of Mali ("Labour Code"), the Code applies to labour relations between workers and employers carrying out their occupational activities in Mali. The Committee observes that under this provision, the Labour Code applies only to employment relationships. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not performed under an employment relationship and whether or not remunerated. The Committee accordingly asks the Government to provide information on how the protection laid down in the Convention is ensured for children who are not covered by an employment relationship, such as self-employed children.

2. Minimum age for admission to employment or work. On ratifying the Convention, the Government specified a minimum age for admission to employment or work of 15 years. The Committee notes that article 20(b) of Ordinance No. 02-062/P-RM of 5 June 2002, issuing the Child Protection Code allows children to work as from 15 years of age, in accordance with the relevant provisions of the Labour Code and its enabling texts. The Committee notes, however, that according to article L.187 of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 14 years, except with a written waiver issued by an order of the Minister of Labour that takes into account local circumstances and the tasks they may be asked to perform. The Committee further notes that article D.189-23 of Decree No. 96-178/P-RM of 13 June 1996 to implement several provisions of Act No. 92-020 of 18 August 1992 issuing the Labour Code, lists the loads that children may not carry, drag or push either in or outside their usual place of work. The list is divided according to type of transport apparatus, weight of load, sex of the child or age of the child, namely from 14 to 17 years. The Committee points out that Article 2, paragraph 1, of the Convention bars any person under the specified age from admission to employment or work in any occupation, subject to the exceptions provided for in Articles 4 to 8 of the Convention. The Committee accordingly asks the Government to take the necessary steps to bring the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 into line with the Convention and to prohibit work by children under the age of 15 years.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that Decree No. 314/PGRM of 26 November 1981 regulates school attendance. It further notes from information available at UNESCO that the age of completion of compulsory schooling in Mali is the same as the age specified for admission to employment or work, namely 15 years. The Committee requests the Government to provide a copy of Decree No. 314/PGRM of 26 November 1981.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that Decree No. 96-178/P-RM of 13 June 1996 allows children to be employed in hazardous work from the age of 16. Article D.189-24 of the Decree prohibits work by boys under 16 years of age in underground galleries, mines and quarries. Article D.189-26, paragraph 4, allows children of over 15 and 16 years of age to operate, respectively, bandsaws and circular saws subject to prior written authorization from the labour inspector; and article D.189-29 allows children of 16 years and over to perform work involving vertical wheels, winches or pulleys; steam valves; to work as doublers in workshops where wire rods are laminated and drawn; and to perform work involving the use of suspended scaffolds. Article D.189-31, paragraph 2, provides that child labour in the premises listed in "table B" is authorized only under the conditions specified in the table. Children over 16 years of age may thus be employed under specific conditions in 11 establishments and children of 17 years may be employed under certain conditions in one establishment.

The Committee reminds the Government that according to Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize employment or work from the age of 16 to 18 years provided that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee accordingly asks the Government to provide information on the measures taken to ensure that hazardous work by young persons of 16 to 18 years may be authorized only as prescribed in Article 3, paragraph 3, of the Convention.

Article 4. Exclusion from application of the Convention of limited categories of employment or work. The Committee notes the Government’s statement that it has not yet determined the categories of children to be excluded from the coverage of the Convention. The Committee reminds the Government that according to Article 4 of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. The Government should notify the categories of employment or work that it plans to exclude, explaining why. The Committee points out that Article 4 does not allow the hazardous employment or work referred to in Article 3 to be excluded from the application of the Convention. That being so, the Committee requests the Government to indicate in its next report whether it intends to exclude certain limited categories of employment or work from the application of the Convention and, if so, to explain its decision. The Government is also asked to provide information on consultations held for this purpose with the organizations of employers and workers.

Article 7. Light work. The Committee notes that article 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment provisions in the case of boys and girls of at least 12 years of age for domestic work and light work of a seasonal nature, such as harvesting and sorting in plantations. No exceptions may be allowed that might breach the rules on compulsory school attendance. The Committee reminds the Government that on ratifying the Convention, it specified a minimum age of admission to employment or work of 15 years. By virtue of Article 7, paragraph 1, of the Convention, national laws and regulations may thus authorize the employment of persons aged 13 to 15 years on light work which is not likely to harm their health or development. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority determines the activities in which light work may be permitted and prescribes the number of hours during which and the conditions in which it may be undertaken. The Committee therefore asks the Government to take the necessary steps to bring national laws and regulations into line with the Convention and to allow children to be employed on light work only from the age of 13 years. It likewise asks the Government to indicate the activities in which light work by children aged 13 to 15 may be permitted and to provide information on the conditions in which such work may take place.

Part V of the report form. Application of the Convention in practice. The Committee notes the information supplied by the Government to the effect that it is unable to provide reliable statistics on the number of children who work and the number and nature of contraventions reported. The Committee notes from information available at the Office, however, that in Mali the number of children under 14 years of age stands at nearly 5 million and that an estimated 50 per cent of children aged from 10 to 14 years work. The Committee is concerned at the situation of children in Mali who are forced to work. It therefore strongly encourages the Government to step up its efforts to improve matters gradually. The Committee regrets to note that as yet, no statistical study has been carried out to serve as a scientific basis. It notes, however, that preparatory studies are under way by the IPEC statistics branch. The Committee hopes that the Government will be in a position shortly to provide precise information on the manner in which the Convention is applied in practice, for example by providing statistics on the employment of children and young people, extracts of inspection reports and information on the number and nature of contraventions reported.