Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Mali (Ratification: 1995)

Article 1 of the Convention. Scope of application. In its previous comments the Committee noted that the exceptions from the scope of the General Civil Service Regulations, 2002, were too broad and asked the Government to indicate which of the rights and guarantees established in the Convention apply to certain categories of public employees. It also asked the Government to clarify whether, in respect of personnel of designated public bodies governed by their own regulations, those regulations establish the guarantees provided for by the Convention. The Committee observes that the Government’s report does not contain any information in this respect. The Committee again requests the Government to indicate the various existing regulations which govern the personnel of public bodies, to clarify whether, under these regulations, such personnel enjoy the guarantees established in the Convention, and to send a copy of them.

Articles 4 and 5. Protection against anti-union discrimination and interference. In its previous comments, the Committee noted that the General Civil Service Regulations contain no specific provisions on protection against anti-union discrimination and interference. It therefore asked the Government to take the necessary steps to ensure that the legislation includes explicit provisions to protect workers against acts of anti-union discrimination at the time of recruitment and in the course of employment and against acts of interference by the public authorities, together with rapid and effective remedies and sufficiently dissuasive sanctions. The Committee notes with regret the Government’s indication that no measures are contemplated in this respect. The Committee therefore requests the Government once again to take steps to ensure that the legislation includes explicit provisions providing adequate protection against anti-union discrimination for public employees and against all acts of interference by the public authorities in the formation, functioning and administration of public employees’ organizations.

Article 7. Procedures for determining terms and conditions of employment. With regard to joint administrative committees and their role as dispute settlement bodies, the Committee previously observed that, under Decree No. 5-164 of 6 April 2005 establishing arrangements for the implementation of the General Civil Service Regulations, the competence of the joint committees is confined to individual issues and it was not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods. The Committee notices that the legislation permits the exercise of the right to strike but does not establish negotiating procedures or other methods for determining the terms and conditions of employment in the public service, since the Higher Civil Service Council referred to by the Government is a consultative body under the terms of Decree No. 5-164. Since Mali has also ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee again requests the Government to take the necessary steps to ensure that the legislation gives full effect to Article 7 of the Convention and at least recognizes the right to collective bargaining of public servants not engaged in the administration of the State.

Article 8. Dispute settlement. With regard to dispute settlement, the Committee notes the Government’s indication in its last report that the legislation does not establish any provisions on the settlement of disputes connected with the determination of terms and conditions of employment between the public authorities and the representative organizations of public employees, but in practice there is a Committee on Social Dialogue which exists within the Cabinet of the Prime Minister and the Ministry of Labour, the Public Service and State Reform, which intervenes as a mediator whenever notice of strike action is given by the public employees’ representative organizations. The Committee requests the Government to send a copy of the text establishing the powers, composition and functioning of the Committee on Social Dialogue referred to in its report and to provide information on any progress made in the adoption of provisions laying down procedures for the settlement of disputes, other than those taking the form of a strike, arising from negotiations between the public authorities and public employees’ representative organizations in the determination of terms and conditions of employment.