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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee takes due note of the information in the Government’s report that a new National Plan of Action for the Elimination of Child Labour in Mali (PANETEM II) 2023–2027 is being approved and would be implemented in January 2023. It was developed by the National Steering Committee Against Child Labour and the National Unit Against Child Labour (CNLTE) in cooperation with the ILO. In this regard, four regional consultations have been held in Bamako, Sikasso, Kaye and the Mopti region to review the results of PANETEM I and to integrate the concerns of each region into the future plan.

The Committee also take due note of the information in the CNLTE’s 2021 national report, annexed to the Government’s report, that various activities have been carried out, including awareness-raising and planning relating to child labour, as well as the establishment of the SOSTEM data collection tool for monitoring child labour and children at risk in the Kéniéba region. It also notes the results achieved through the CNLTE focal points, including: (1) the removal from labour and reintegration of 150 children through the Clear Cotton programme in the Sikasso region; (2) the reception, referral and reintegration of 291 children in the Gao region, through the Stop Child Labour/ZLTTE project; and (3) the removal from labour and reintegration of 380 boys and 357 girls in the regions of Djenné, Mopti and Bankass. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the measures being implemented as part of PANETEM II. It also requests the Government to provide information on the results achieved in monitoring child labour and children at risk through the SOSTEM data collection tool.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that no measures have been taken to enable labour inspectors to target childrenworking on their own account or in the informal economy.

The Committee notes the Government’s indication that inspections by labour inspectors in coordination with CNLTE focal points are focused primarily on gold washing sites and areas with a high level of agricultural activity. The Committee strongly encourages the Government to redouble its efforts to strengthen the labour inspection services to ensure that all children receive the protection provided for by the Convention. It requests the Government to provide information on the results achieved, including the number of identified cases of children engaged in gold washing and agricultural activities, and the penalties imposed for violations.

2. Minimum age for admission to employment or work. Further to its previous comments, the Committee notes Decree No. 2022-0125/PT-RM of 4 March 2022, amending certain provisions of Decree No. No. 96-178/P-RM of 13 June 1996 on the implementation of the Labour Code. In this regard, the Committee notes with satisfaction the review of section D.189-23 of the Labour Code, setting out the list of loads for children, raising the minimum age from 14 to 15 years for children who cannot carry, drag or push a load, depending on the type of transport, weight of the load and sex of the child. This amendment is in line with the minimum age in section 20(b) of the Child Protection Code, in conformity with the minimum age of 15 years stated by the Government on the occasion of the ratification of the Convention.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee emphasized that section D.189-33 of Decree No. 96-178/P-RM did not set forth the obligation to ensure that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, as provided for in Article 3(3) of the Convention.

The Committee notes that the new Decree No. 2022-0125/PT-RM amending certain provisions of Decree No. 96-178/P-RM of 13 June 1996, on the terms and conditions of application of the Labour Code relating to hazardous types of work from the age of 16 years, is still not in conformity with the conditions set forth in Article 3(3) of the Convention. The Committee requests the Government to take measures to ensure that the provisions of the Labour Code concerning admission to hazardous types of work from the age of 16 years are brought into conformity with the conditions set forth in Article 3(3) of the Convention. It requests the Government to provide a copy of the texts when they have been adopted.

Article 7. Light work. In its previous comments, the Committee noted that the Government planned to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 so as to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. The Committee notes with regret that no amendment has been made to section 189-35 in new Decree No. 2022-0125/PT-RM on the minimum age of 12 years for light work.

The Committee notes that according to the Government’s information, a draft decree, prepared by the labour services and submitted to the social partners, is in the process of being adopted. The Government also indicates that the process is under way to draw up a list of light work with a view to determining types of light work and the conditions under which they are carried out, in cooperation with the ILO. The Committee expresses the hope that the decree in the process of being adopted on the application of the Labour Code will be aligned with the Convention in order to regulate the employment of children in light work from the age of 13 years. It requests the Government to provide a copy of the decree and the list of light work when they are adopted.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the national survey on child labour conducted in 2005, nearly 2.4 million children between the ages of 5 and 14 years, or 65.4 per cent of children in that age group, were engaged in work. In this respect, the Committee noted the adoption and validation of a programme of action for the formulation and conceptualization of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) 2011–20, of which the first phase (2011–15) focused on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of targeted children). The Committee also noted the observations by the International Trade Union Confederation (ITUC) that 40 per cent of children between the ages of 5 and 14 years are engaged in hazardous types of work.

The Committee notes the Government’s indications, in its report, that under PANETEM, training and awareness-raising activities on laws and regulations were conducted in 2016 and 2017 for 120 stakeholders involved in combating child labour. It notes that, according to the documents provided by the Government, a project to eliminate child labour and forced labour in garment value chains has been developed, with the financial support of the European Union. In addition, the National Task Force to Combat Child Labour (CNLTE) has drawn up a roadmap to eliminate child labour in agriculture and created a national committee to oversee the roadmap. The Committee also notes that the Government has participated in the development of a project called “Cotton with Decent Work”, with the ILO and Brazil, which seeks to eliminate child labour in cotton production, and in the development of a project financed by the multinational INDITEX, the objective of which is to foster respect for the fundamental principles and rights at work in cotton-producing communities. The Committee observes that, according to the final report of the Multiple Indicator Cluster Survey (MICS) conducted in 2015 by the National Institute of Statistics (INSTAT) in partnership with UNICEF and published in November 2016, 56.5 per cent of children aged from 5 to 14 years are engaged in child labour and 42.5 per cent of them work in dangerous conditions. Moreover, the report highlights that the regions of Sikasso, Koulikoro and Kayes, where agriculture predominates, are the most affected by child labour, particularly hazardous types of work, which affect more than one out of every two children aged from 5 to 7 years (page 248). While noting the measures taken by the Government, the Committee once again expresses its deep concern at the substantial number of children below the minimum age who are engaged in work, often under very dangerous conditions. The Committee once again urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the results achieved under PANETEM and the programmes to combat child labour in agriculture and cotton production.

Article 2(1). 1. Scope of application. In its previous comments, the Committee noted the observation by the ITUC that the legislation does not adequately protect children against child labour, because it does not provide for specific protection for children working in the informal economy, particularly in agriculture or domestic work. The ITUC added that there are a total of 54 labour inspectors in Mali, none of whom have received specialized training in child labour. The Government indicated that labour inspectors are responsible for enforcing labour legislation in the formal and informal economies, but that the capacities of labour inspectors have to be strengthened in terms of intervention techniques in the informal economy and on matters relating to child labour.

The Committee notes that, according to the information provided by the Government, ten labour inspectors were recruited in December 2017. Moreover, two workshops to strengthen labour inspectors’ capacities regarding child labour were held in 2017 and 2018. The Government nevertheless indicates that despite training on child labour, no steps have been taken to enable labour inspectors to target children working on their own account or in the informal economy. The Committee strongly encourages the Government to continue its efforts to adapt and strengthen the labour inspection services to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the progress made in this regard.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that the Labour Code provides that the minimum age for the admission of children to employment in undertakings, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996, implementing the Labour Code contains a list of the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. The Committee noted that the Government had adopted a Bill in 2013 to amend Act No. 92–020 of 23 September 1992 issuing the Labour Code of Mali, which establishes the age for admission to employment at 15 years, and that the implementing texts of the Code would also be revised accordingly. The Committee urged the Government to take the necessary measures to finalize the revision as soon as possible.

The Committee notes with interest the adoption of Act No. 2017–021 of 12 June 2017 amending Act No. 92-020 of 23 September 1992, issuing the Labour Code of the Republic of Mali, which establishes in section L.187 the minimum age for admission to employment of children in undertakings, even as apprentices, as 15 years of age. It notes the Government’s indication that the revision of Decree No. 96-178/P-RM implementing certain provisions of the Labour Code is under way. The Committee expresses the firm hope that the relevant provisions of Decree No. 96-178/P-RM of 13 June 1996 will be brought into line with the Convention so as to prohibit the employment of children under the age of 15 years, and requests the Government to provide it with a copy of the revised Decree when it has been adopted.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted that, despite the Government’s indication that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the age of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, the section does not refer to such a requirement. Moreover, the Government indicated that the draft implementing texts of the Labour Code would be revised following the adoption of the new Labour Code by the National Assembly. This revision was to include the conditions set forth in Article 3(3) of the Convention.

The Committee notes the Government’s indication that Act No. 92–020 of 23 September 1992 issuing the Labour Code has been amended by Act No. 2017–021 of 12 June 2017. It notes that the draft amendment to Decree No. 96-178/P-RM of 13 June 1996, as well as the Order implementing the new Labour Code, have been drafted by the labour services and submitted to the social partners for comments. The Committee expresses the firm hope that the draft implementing texts of the Labour Code will be adopted as soon as possible and that their provisions concerning admission to hazardous types of work from the age of 16 years will be brought into conformity with the conditions set forth in Article 3(3) of the Convention. It requests the Government to provide a copy of the texts when they have been adopted.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that it planned to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 so as to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine the types of light work and the conditions for their performance. The Government indicated that this would be done in the context of the global review of the implementing texts of the Labour Code.

The Committee notes the Government’s indication that the implementing texts of the Labour Code amended by Act No. 2017–021, including Decree No. 96-178/P-RM of 13 June 1996, are being adopted. The Committee expresses the firm hope that the draft implementing texts of the Labour Code will be brought into line with the Convention in order to regulate the employment of children in light work from the age of 13 years. It requests the Government to provide a copy of the texts when they have been adopted.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments the Committee noted that nearly 2.4 million children between the ages of 5 and 14 years, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. In this respect, the Committee noted the adoption and validation of a programme of action for the formulation and conceptualization of the National Plan of Action for the Elimination of Child Labour in Mali 2011–20 (PANETEM), of which the first phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of targeted children). The Committee also noted the observations of the ITUC that 40 per cent of children between the ages of 5 and 14 years are engaged in hazardous forms of work.

The Committee notes the Government’s indications that, in the context of objective 4 of the PANETEM advocating the reintegration of children removed from work, 130 children (including 65 girls) who were not at school or have dropped out of school have benefited from support for vocational training in Niono Cercle, and 95 children between 15 and 17 years of age in Sikasso Cercle. In addition, 228 children (114 boys and 114 girls) have been removed from the worst forms of child labour through vocational training services and 228 families with children have been informed and their awareness raised in 15 communes. While noting the measures taken by the Government, the Committee expresses its deep concern at the substantial number of children below the minimum age who are engaged in work, often under very dangerous conditions. The Committee once again requests the Government to intensify its efforts to combat child labour, particularly through PANETEM, and requests it to provide information on the results achieved in terms of the elimination of child labour.

Article 2(1) 1. Scope of application. In its previous comments, the Committee noted the observation by the ITUC that the legislation does not adequately protect children against child labour, because it does not provide for specific protection for children working in the informal economy, particularly in agriculture or domestic work. The ITUC added that there are a total of 54 labour inspectors in Mali, none of whom have received specialized training in child labour. In addition, labour inspectors are also responsible for settling disputes, including through conciliation, which makes it difficult for them to enforce effectively the legislation respecting child labour.

The Committee notes the Government’s indication that labour inspectors are responsible for enforcing labour legislation in the formal and informal economies. It also notes that, in addition to conciliation for the resolution of labour disputes, labour inspectors are also responsible for enforcing the provisions of the Labour Code respecting child labour. The Government adds that, following the normalization and progressive return of the administration into the regions in the north of the country, labour inspectorates are now operational in these areas. Finally, it indicates that it is understood that the capacities of labour inspectors have to be reinforced in terms of intervention techniques in the informal economy and on matters relating to child labour. With reference to the 2012 General Survey on the fundamental Conventions, paragraph 345, the Committee observes that, in some cases, the limited number of labour inspectors has made it difficult to cover the whole of the informal economy. It therefore invites member States to strengthen the capacities of the labour inspectorate. The Committee therefore once again urges the Government to strengthen its measures for the adaptation and reinforcement of the labour inspection services to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that in accordance with the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996, issued under the Labour Code, contains a list of the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. The Committee noted the Government’s indication that the High Council of Ministers adopted a Bill in 2013 to amend Act No. 92–020 of 23 September 1992 issuing the Labour Code of Mali, with a view to bringing some of its provisions into conformity with ILO Conventions. The Government indicated that this Bill now establishes the age for admission to employment at 15 years and that the implementing texts of the Code will also be revised accordingly.

The Committee notes the Government’s indication that, at the time that the present report was sent, the Government and the social partners had not yet completed consultations on the Bill to revise the Labour Code, which had been reopened at the request of the employers. Once again expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96 178/P RM of 13 June 1996 will be brought into line with the Convention so as to prohibit work by children under 15 years of age, the Committee urges the Government to take the necessary measures to finalize the revision in the very near future. It once again requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education, but observed that the school attendance rates for primary education remained fairly modest and that the low rates of school attendance in secondary education, compared with primary education, show that a significant number of children drop out of school after the primary level. The Committee noted the observation of the ITUC that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education.

The Committee notes the Government’s indication that the armed conflict has severely undermined the education system in the country in the northern regions, but that the return of the administration and the renewal of cooperation with education partners has enabled many schools to reopen in the regions of Mopti, Timbuktu and Gao. The Government adds that the Ministry of Labour has taken many measures through the ILO–IPEC project to combat child labour through education, including the removal and reintegration of children in school, and the building of classrooms in the regions of Kayes, Ségou and Mopti. It further indicates that the Ministries of Education and Labour have launched a triennial project 2012–17 “Stop Child Labour – School is Better than Work”. The project is intended to eliminate child labour and enable all children under 15 years of age to have the right to high-quality full-time formal education. The Committee also notes the Government’s indication that an Interim Programme 2015–16 has been adopted and will soon be implemented and that the Government is intending to adopt a Ten-Year Education Development Programme (PRODEC II) before the end of the Interim Programme 2015–16, following the current evaluation of PRODEC I. Finally, the Government indicates that the implementation of the Interim Programme 2012–15 resulted in the achievement of a gross enrolment rate for primary education of 69.70 per cent and of 50 per cent for secondary education in 2012–13. The drop-out rate in primary education between 2011 and 2013 is reported to be 8.3 per cent. Based on the results of this Programme, the Committee observes a very broad disparity in these rates between regions. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the operation of the education system, particularly by increasing school enrolment rates, both for primary and secondary school, and by reducing the drop-out rate in all the regions of the country. In this regard, it requests the Government to provide information on the evaluation of PRODEC I and on the progress achieved and the results obtained through the implementation of the Interim Programme 2015–16 and PRODEC II.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that section D.189–33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the age of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189–33, which refers to the declaration that the employer has to make to the employment office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. The Committee notes the Government’s indication that the draft texts issued under the Labour Code will be revised following the adoption of the revised Labour Code by the National Assembly. This revision is to include the conditions set out in Article 3(3) of the Convention.

The Committee notes the Government’s indication that the process of the revision of the Labour Code is continuing. The Committee urges the Government to take measures in the context of the revision of the implementing texts of the Labour Code to ensure compliance with the conditions set out in Article 3(3) of the Convention, and to provide information on the progress achieved in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that it undertook to amend section 189–35 of Decree No. 96-178/P-RM of 13 June 1996 to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine the types of light work and the conditions for their performance. The Committee notes the Government’s indication that this will be done in the context of the global review of the implementing texts of the Labour Code.

The Government indicates that the process of revising the Labour Code is continuing. The Committee urges the Government to take immediate measures to bring the national legislation into line with the Convention and to regulate the employment of children in light work from the age of 13 years. For this purpose, it once again hopes that the Order respecting light work will be prepared and adopted in the very near future.

The Committee also notes that the process of the revision of the Labour Code is continuing and once again urges the Government to intensify its efforts and to take the necessary measures to ensure that the overall revision of the Labour Code and its implementing texts does not fail to take into account the Committee’s detailed comments on the divergences that exist between the national legislation and the Convention, and that amendments will be made in this regard.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observations from the International Trade Union Confederation (ITUC), received on 1 September 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that nearly 2.4 million children between the ages of 5 and 14, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. The Committee also took note of the adoption and validation of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) 2011–20, of which the first phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children); the second phase (2016–20) focuses on the abolition of all forms of unauthorized child labour (40 per cent of targeted children).

The Committee takes due note of the ITUC’s observations that 40 per cent of children between 5 and 14 years of age are engaged in hazardous work. In agriculture, children start to work at 5 years of age, and this work includes using dangerous tools, carrying heavy loads and being exposed to harmful pesticides. In the fishing sector, children are exposed to the danger of drowning or bodily injuries caused by sharp tools used for the processing of fish. In domestic work, children often work long days and are cut off from their homes, making them particularly vulnerable to harsh treatment and sexual abuse.

The Committee notes the Government’s indication that, following the adoption of the PANETEM, it established a National Committee to organize a round table of donors to finance it, but this activity was somewhat curtailed by the country’s socio-political and security crisis. A plan to relaunch the implementation of the PANETEM was drafted in November 2012 to get the system up and running again. This plan also resulted in two action programmes being carried in the region of Sikasso, of which one focused on the traditional gold-panning sector and the other on the extension of the system for the observation and monitoring of child labour and trafficking in Mali (SOSTEM).

While taking note of the Government’s measures to relaunch the PANETEM, the Committee expresses its deep concern at the considerable number of children engaged in work under the minimum age for admission to employment of work, and often in very dangerous conditions. The Committee urges the Government to intensify its efforts to combat child labour, particularly through the PANETEM, and requests it to provide information on the results achieved in terms of the elimination of child labour.

Article 2(1). 1. Scope of application. Further to its previous comments, the Committee notes the ITUC’s observation that the legislation does not adequately protect children against child labour, because it does not provide for specific protection for children working in the informal sector, particularly in agriculture or domestic work. Furthermore, the ITUC states that there are a total of 54 labour inspectors in Mali, none of which have undergone specialized training in child labour. In addition, labour inspectors are also entrusted with settling disputes, including by means of conciliation, which makes it difficult for them to ensure effectively the application of legislation relating to child labour.

Referring to the 2012 General Survey on fundamental Conventions (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors does not enable them to cover the informal sector as a whole. It therefore calls on member States to strengthen the capacities of the labour inspectorate. In this respect, the Committee notes that, according to the Government, the implementation of the ILO–IPEC project entitled “Tackling child labour through education in 11 countries” (TACKLE) contributed, in April 2013, towards strengthening the capacities of 25 labour inspectors in the area of combating child labour through education, by laying particular emphasis on the scope of the Convention. The Committee urges the Government to strengthen its measures to adapt and strengthen the labour inspection services to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal sector, benefit from the protection afforded by the Convention.

2. Minimum age of admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996 issued under the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child.

The Committee notes that, according to the Government, the High Council of Ministers adopted a bill in 2013 amending Act No. 92-020 of 23 September 1992 issuing the Labour Code of Mali, with a view to bringing some of its provisions in line with ILO Conventions. The Government states that this bill henceforth establishes the age for admission to employment at 15 years of age and that the implementing texts of the Code will be reviewed in this respect. Expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 will be brought in line with the Convention so as to prohibit work by children under 15 years of age, the Committee urges the Government to take the necessary measures with a view to finalizing this revision in the very near future. It requests the Government once again to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education but noted that the school attendance rates for primary education remained fairly modest and that the low rates of school attendance in secondary education, compared with primary education, showed that a significant number of children drop out of school after the primary level.

The Committee notes the ITUC’s observation that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education.

The Committee notes that, according to the Government, the implementation of the Sectoral Investment Programme for the Education Sector (PISE), the third phase of which was intended to cover the 2010–13 period, has been suspended because of the political and institutional crisis affecting the country, with the result that the technical and financial partners have suspended their cooperation with Mali. However, in the context of the implementation of the PANETEM and the ILO–IPEC TACKLE project, a training workshop on integrating child labour into sectoral educational programmes and plans, including PISE III, was organized and held in May 2013. The Committee notes that discussions were held with a view to developing a new PISE that would cover the 2015–25 period. The concerns raised particularly concerned the low quality of education at all levels of the system, as well as the need to increase hours of schooling and to recruit more teachers. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system, particularly by increasing school attendance rates, both at the primary and secondary level, and by cutting drop-out rates. In this respect, it requests the Government to provide information on the progress achieved in relaunching and implementing PISE III, and the results obtained.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189-33, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work.

The Committee notes the Government’s indication that the draft implementing texts of the Labour Code are being revised pursuant to the adoption of the revised Labour Code by the General Assembly. It is intended that this revision should incorporate the conditions provided for under Article 3(3) of the Convention. The Committee urges the Government to take measures in the context of the revision of the implementing texts of the Labour Code to ensure that the conditions under Article 3(3) of the Convention are respected, and to provide information on the progress achieved in this respect.

Article 7. Light work. In its previous comments, the Committee noted the Government’s undertaking to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996, with a view to raising the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light work activities and the conditions for their performance.

The Committee notes the Government’s indication that this will be undertaken in the context of the general overhaul of the implementing texts of the Labour Code. The Committee urges the Government to take immediate necessary measures to bring the national legislation in line with the Convention and to regulate the employment of children in light work from the age of 13 years. To this end, it once again hopes that the order respecting light work will be formulated and adopted in the very near future.

The Committee also urges the Government once again to renew its efforts and to take the necessary measures to ensure that the overall revision of the Labour Code and its implementing texts does not fail to take into account the Committee’s detailed comments on the divergences existing between the national legislation and the Convention, and that amendments will be made in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report of the National Survey on Child Labour (ENTE), conducted in 2005 by the National Directorate of Statistics and Information, in collaboration with the National Directorate of Labour and ILO–IPEC–SIMPOC, around two children out of three between the ages of 5 and 17 years are economically active, or just over 3 million girls and boys throughout the country. Of these, nearly 2.4 million children between the ages of 5 and 14, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. This phenomenon affects both girls and boys, in rural areas and in towns. The Committee noted that the phenomenon is more widespread in rural areas (68 per cent of 5–14 year-olds) than in urban areas (59 per cent of 5–14 year-olds). The Committee also noted that in 2006 Mali launched a Time-bound Programme (TBP) on the worst forms of child labour in collaboration with ILO–IPEC. The Committee further noted that, in the framework of the TBP, a programme of action was launched in 2009 for the preparation and design of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) with a view to reinforcing the progress achieved over more than a decade of combating child labour and addressing the difficulties encountered.

The Committee took due note of the technical validation of the PANETEM at the national level in April 2010 and its adoption by the Council of Ministers on 8 June 2011. The PANETEM covers a period of ten years divided into two phases: the first five-year phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second five-year phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of the targeted children). However, the Committee noted that, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicated that, in view of the delay in the adoption of the PANETEM, its implementation is envisaged in 2012. Observing with deep concern that a considerable number of children are engaged in work under the minimum age for admission to employment or work, the Committee strongly encourages the Government to intensify its efforts to combat child labour, and requests it to provide information on the implementation of the PANETEM and on the results achieved in terms of the elimination of child labour.

Article 2(1). 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government to the effect that children under 15 years of age working on their own account could be informed by the labour inspector covering their area of the risks involved in their work and the social security measures to be envisaged in the event of employment accidents. The Committee however noted the Government’s indication that no specific measures have been adopted in Mali to allow labour inspectors to target more specifically children under 15 years of age engaged in an economic activity on their own account.

The Committee noted that absence of information in the Government’s report on this subject. It once again reminded that Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee urges the Government to take measures to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this respect, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to section L.187 of the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, except with a written waiver issued by the Minister of Labour. The Committee also noted that section D.189-23 of Decree No. 96-178/P-RM of 13 June 1996 issued under the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. In this respect, the Committee noted the Government’s indication that it undertook to take the necessary measures to amend section L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”.

The Committee noted that the Government has not provided any information on this subject in its report. However, it observed that one of the principal aims of the PANETEM is to reinforce the respective legal framework and regulations in relation to combating child labour. In this context, it is envisaged to organize a national workshop for the revision of the Labour Code and its implementing texts with a view to harmonizing them with the legislative provisions for the protection of children. Expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 will be brought into harmony with the Convention so as to prohibit work by children under 15 years of age, the Committee requests the Government to take measures with a view to finalizing this revision in the very near future. It requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that Decree No. 314/PGRM of 26 November 1981 regulates school attendance and that the age of completion of compulsory schooling in Mali is 15 years. It noted the information provided by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) would increase the number of classes and teachers in the poorest regions and improve the access to schooling for thousands of children, particularly in rural areas. The Committee also noted that Mali is one of 11 countries involved in the implementation of the ILO–IPEC project “Tackle child labour through education in 11 countries” (the TACKLE project), the overall objective of which is to contribute to the reduction of poverty in the least developed countries by providing equitable access to primary education and the development of knowledge amongst the most underprivileged members of society. Moreover, an integrated framework to cover the educational needs of the most vulnerable categories of children was being formulated with a view to the integration of these needs into phase III of the PISE. However, the Committee noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO under the title Education for All by 2015: Will we make it?, although there has been substantial progress in the field of education, Mali is still far from achieving the objective of universal primary education by 2015, and will probably not achieve gender parity by 2015, or 2025. The Committee also noted the low school enrolment rate of children between 13 and 15 years of age, which shows that a number of children drop out of school before reaching the minimum age for admission to employment and that they enter the labour market.

The Committee noted that the TACKLE project has been extended up to 2013 and that its objective is to strengthen links between educational policies and measures to combat child labour with a view to giving vulnerable children and victims of child labour the opportunity to benefit from training and education. It also notes the Government’s indications that the third phase of PISE (PISE III) takes into account children with special educational needs. The Committee observed that, according to the table of data provided by the Government, the net school attendance rate in primary school rose from 56.6 per cent in 2005–06 to 60.9 per cent in 2007–08 and to 62.7 per cent in 2008–09. In secondary education, these rates are 23.5 per cent, 28.8 per cent and 30.7 per cent, respectively.

The Committee took due note of the measures adopted by the Government in relation to education. However, it noted that the school attendance rates for primary education remain fairly low and that the low rates of school attendance in secondary education, compared with primary education, show that a significant number of children drop out of school after primary school. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the education system in the country, particularly by increasing school attendance rates. In this respect, it requests the Government to provide information on the progress achieved, particularly though the implementation of the TACKLE project and of PISE III, and the results obtained.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96 178/P RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that the authorization of the labour inspector, which is required to employ young persons between 16 and 18 years of age, is a guarantee that these types of hazardous work are performed under healthy, safe and moral conditions. The Government indicated that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189-33, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. Noting the absence of information in the Government’s report on this subject, the Committee once again urges the Government to take measures to ensure compliance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information in its next report on any developments in this respect.

Article 7. Light work. In its previous comments, the Committee noted that section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment in the case of boys and girls of at least 12 years of age for domestic work and light work of a seasonal nature. It noted the Government’s indication that it undertook to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light work activities and the conditions for their performance.

The Committee noted that the Government has not provided any further information in its report on this subject. The Committee urges the Government to take the necessary measures to harmonize the national legislation with the Convention and to regulate the employment of children on light work from the age of 13 years. To this end, it once again hopes that the order respecting light work will be formulated and adopted in the near future.

The Committee also urges the Government to renew its efforts and to take the necessary measures to ensure that the revision of the legislation envisaged in the context of the PANETEM does not fail to take into account the Committee’s detailed comments on the divergences existing between the national legislation and the Convention, and that amendments will be made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report of the National Survey on Child Labour (ENTE), conducted in 2005 by the National Directorate of Statistics and Information, in collaboration with the National Directorate of Labour and ILO–IPEC–SIMPOC, around two children out of three between the ages of 5 and 17 years are economically active, or just over 3 million girls and boys throughout the country. Of these, nearly 2.4 million children between the ages of 5 and 14, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. This phenomenon affects both girls and boys, in rural areas and in towns. The Committee noted that the phenomenon is more widespread in rural areas (68 per cent of 5–14 year olds) than in urban areas (59 per cent of 5–14 year olds). The Committee also noted that in 2006 Mali launched a Time-bound Programme (TBP) on the worst forms of child labour in collaboration with ILO–IPEC. The Committee further noted that, in the framework of the TBP, a programme of action was launched in 2009 for the preparation and design of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) with a view to reinforcing the progress achieved over more than a decade of combating child labour and addressing the difficulties encountered.

The Committee takes due note of the technical validation of the PANETEM at the national level in April 2010 and its adoption by the Council of Ministers on 8 June 2011. The PANETEM covers a period of ten years divided into two phases: the first five-year phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second five-year phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of the targeted children). However, the Committee notes that, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that, in view of the delay in the adoption of the PANETEM, its implementation is envisaged in 2012. Observing with deep concern that a considerable number of children are engaged in work under the minimum age for admission to employment or work, the Committee strongly encourages the Government to intensify its efforts to combat child labour, and requests it to provide information on the implementation of the PANETEM and on the results achieved in terms of the elimination of child labour.

Article 2(1). 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government to the effect that children under 15 years of age working on their own account could be informed by the labour inspector covering their area of the risks involved in their work and the social security measures to be envisaged in the event of employment accidents. The Committee however noted the Government’s indication that no specific measures have been adopted in Mali to allow labour inspectors to target more specifically children under 15 years of age engaged in an economic activity on their own account.

The Committee notes that absence of information in the Government’s report on this subject. It once again reminds that Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee urges the Government to take measures to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this respect, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to section L.187 of the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, except with a written waiver issued by the Minister of Labour. The Committee also noted that section D.189-23 of Decree No. 96-178/P-RM of 13 June 1996 issued under the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. In this respect, the Committee noted the Government’s indication that it undertook to take the necessary measures to amend section L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”.

The Committee notes that the Government has not provided any information on this subject in its report. However, it observes that one of the principal aims of the PANETEM is to reinforce the respective legal framework and regulations in relation to combating child labour. In this context, it is envisaged to organize a national workshop for the revision of the Labour Code and its implementing texts with a view to harmonizing them with the legislative provisions for the protection of children. Expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 will be brought into harmony with the Convention so as to prohibit work by children under 15 years of age, the Committee requests the Government to take measures with a view to finalizing this revision in the very near future. It requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that Decree No. 314/PGRM of 26 November 1981 regulates school attendance and that the age of completion of compulsory schooling in Mali is 15 years. It noted the information provided by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) would increase the number of classes and teachers in the poorest regions and improve the access to schooling for thousands of children, particularly in rural areas. The Committee also noted that Mali is one of 11 countries involved in the implementation of the ILO–IPEC project “Tackle child labour through education in 11 countries” (the TACKLE project), the overall objective of which is to contribute to the reduction of poverty in the least developed countries by providing equitable access to primary education and the development of knowledge amongst the most underprivileged members of society. Moreover, an integrated framework to cover the educational needs of the most vulnerable categories of children was being formulated with a view to the integration of these needs into phase III of the PISE. However, the Committee noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO under the title Education for All by 2015: Will we make it?, although there has been substantial progress in the field of education, Mali is still far from achieving the objective of universal primary education by 2015, and will probably not achieve gender parity by 2015, or 2025. The Committee also noted the low school enrolment rate of children between 13 and 15 years of age, which shows that a number of children drop out of school before reaching the minimum age for admission to employment and that they enter the labour market.

The Committee notes that the TACKLE project has been extended up to 2013 and that its objective is to strengthen links between educational policies and measures to combat child labour with a view to giving vulnerable children and victims of child labour the opportunity to benefit from training and education. It also notes the Government’s indications that the third phase of PISE (PISE III) takes into account children with special educational needs. The Committee observes that, according to the table of data provided by the Government, the net school attendance rate in primary school rose from 56.6 per cent in 2005–06 to 60.9 per cent in 2007–08 and to 62.7 per cent in 2008–09. In secondary education, these rates are 23.5 per cent, 28.8 per cent and 30.7 per cent, respectively.

The Committee takes due note of the measures adopted by the Government in relation to education. However, it notes that the school attendance rates for primary education remain fairly low and that the low rates of school attendance in secondary education, compared with primary education, show that a significant number of children drop out of school after primary school. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the education system in the country, particularly by increasing school attendance rates. In this respect, it requests the Government to provide information on the progress achieved, particularly though the implementation of the TACKLE project and of PISE III, and the results obtained.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96 178/P RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that the authorization of the labour inspector, which is required to employ young persons between 16 and 18 years of age, is a guarantee that these types of hazardous work are performed under healthy, safe and moral conditions. The Government indicated that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189-33, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. Noting the absence of information in the Government’s report on this subject, the Committee once again urges the Government to take measures to ensure compliance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information in its next report on any developments in this respect.

Article 7. Light work. In its previous comments, the Committee noted that section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment in the case of boys and girls of at least 12 years of age for domestic work and light work of a seasonal nature. It noted the Government’s indication that it undertook to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light work activities and the conditions for their performance.

The Committee notes that the Government has not provided any further information in its report on this subject. The Committee urges the Government to take the necessary measures to harmonize the national legislation with the Convention and to regulate the employment of children on light work from the age of 13 years. To this end, it once again hopes that the order respecting light work will be formulated and adopted in the near future.

The Committee also urges the Government to renew its efforts and to take the necessary measures to ensure that the revision of the legislation envisaged in the context of the PANETEM does not fail to take into account the Committee’s detailed comments on the divergences existing between the national legislation and the Convention, and that amendments will be made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report of the National Survey on Child Labour (ENTE), conducted in 2005 by the National Directorate of Statistics and Information, in collaboration with the National Directorate of Labour and ILO–IPEC–SIMPOC, around two children out of three between the ages of 5 and 17 years are economically active, or just over 3 million girls and boys throughout the country. Of these, nearly 2.4 million children between the ages of 5 and 14, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. This phenomenon affects both girls and boys, in rural areas and in towns. The Committee noted that the phenomenon is more widespread in rural areas (68 per cent of 5–14 year olds) than in urban areas (59 per cent of 5–14 year olds). The Committee also noted that in 2006 Mali launched a Time-bound Programme (TBP) on the worst forms of child labour in collaboration with ILO–IPEC. The Committee further noted that, in the framework of the TBP, a programme of action was launched in 2009 for the preparation and design of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) with a view to reinforcing the progress achieved over more than a decade of combating child labour and addressing the difficulties encountered.

The Committee takes due note of the technical validation of the PANETEM at the national level in April 2010 and its adoption by the Council of Ministers on 8 June 2011. The PANETEM covers a period of ten years divided into two phases: the first five-year phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second five-year phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of the targeted children). However, the Committee notes that, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that, in view of the delay in the adoption of the PANETEM, its implementation is envisaged in 2012. Observing with deep concern that a considerable number of children are engaged in work under the minimum age for admission to employment or work, the Committee strongly encourages the Government to intensify its efforts to combat child labour, and requests it to provide information on the implementation of the PANETEM and on the results achieved in terms of the elimination of child labour.

Article 2(1). 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government to the effect that children under 15 years of age working on their own account could be informed by the labour inspector covering their area of the risks involved in their work and the social security measures to be envisaged in the event of employment accidents. The Committee however noted the Government’s indication that no specific measures have been adopted in Mali to allow labour inspectors to target more specifically children under 15 years of age engaged in an economic activity on their own account.

The Committee notes that absence of information in the Government’s report on this subject. It once again reminds that Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee urges the Government to take measures to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this respect, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to section L.187 of the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, except with a written waiver issued by the Minister of Labour. The Committee also noted that section D.189-23 of Decree No. 96-178/P-RM of 13 June 1996 issued under the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. In this respect, the Committee noted the Government’s indication that it undertook to take the necessary measures to amend section L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”.

The Committee notes that the Government has not provided any information on this subject in its report. However, it observes that one of the principal aims of the PANETEM is to reinforce the respective legal framework and regulations in relation to combating child labour. In this context, it is envisaged to organize a national workshop for the revision of the Labour Code and its implementing texts with a view to harmonizing them with the legislative provisions for the protection of children. Expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 will be brought into harmony with the Convention so as to prohibit work by children under 15 years of age, the Committee requests the Government to take measures with a view to finalizing this revision in the very near future. It requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that Decree No. 314/PGRM of 26 November 1981 regulates school attendance and that the age of completion of compulsory schooling in Mali is 15 years. It noted the information provided by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) would increase the number of classes and teachers in the poorest regions and improve the access to schooling for thousands of children, particularly in rural areas. The Committee also noted that Mali is one of 11 countries involved in the implementation of the ILO–IPEC project “Tackle child labour through education in 11 countries” (the TACKLE project), the overall objective of which is to contribute to the reduction of poverty in the least developed countries by providing equitable access to primary education and the development of knowledge amongst the most underprivileged members of society. Moreover, an integrated framework to cover the educational needs of the most vulnerable categories of children was being formulated with a view to the integration of these needs into phase III of the PISE. However, the Committee noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO under the title Education for All by 2015: Will we make it?, although there has been substantial progress in the field of education, Mali is still far from achieving the objective of universal primary education by 2015, and will probably not achieve gender parity by 2015, or 2025. The Committee also noted the low school enrolment rate of children between 13 and 15 years of age, which shows that a number of children drop out of school before reaching the minimum age for admission to employment and that they enter the labour market.

The Committee notes that the TACKLE project has been extended up to 2013 and that its objective is to strengthen links between educational policies and measures to combat child labour with a view to giving vulnerable children and victims of child labour the opportunity to benefit from training and education. It also notes the Government’s indications that the third phase of PISE (PISE III) takes into account children with special educational needs. The Committee observes that, according to the table of data provided by the Government, the net school attendance rate in primary school rose from 56.6 per cent in 2005–06 to 60.9 per cent in 2007–08 and to 62.7 per cent in 2008–09. In secondary education, these rates are 23.5 per cent, 28.8 per cent and 30.7 per cent, respectively.

The Committee takes due note of the measures adopted by the Government in relation to education. However, it notes that the school attendance rates for primary education remain fairly low and that the low rates of school attendance in secondary education, compared with primary education, show that a significant number of children drop out of school after primary school. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the education system in the country, particularly by increasing school attendance rates. In this respect, it requests the Government to provide information on the progress achieved, particularly though the implementation of the TACKLE project and of PISE III, and the results obtained.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that the authorization of the labour inspector, which is required to employ young persons between 16 and 18 years of age, is a guarantee that these types of hazardous work are performed under healthy, safe and moral conditions. The Government indicated that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189-33, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. Noting the absence of information in the Government’s report on this subject, the Committee once again urges the Government to take measures to ensure compliance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information in its next report on any developments in this respect.

Article 7. Light work. In its previous comments, the Committee noted that section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment in the case of boys and girls of at least 12 years of age for domestic work and light work of a seasonal nature. It noted the Government’s indication that it undertook to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light work activities and the conditions for their performance.

The Committee notes that the Government has not provided any further information in its report on this subject. The Committee urges the Government to take the necessary measures to harmonize the national legislation with the Convention and to regulate the employment of children on light work from the age of 13 years. To this end, it once again hopes that the order respecting light work will be formulated and adopted in the near future.

The Committee also urges the Government to renew its efforts and to take the necessary measures to ensure that the revision of the legislation envisaged in the context of the PANETEM does not fail to take into account the Committee’s detailed comments on the divergences existing between the national legislation and the Convention, and that amendments will be made in this respect.

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

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government that children under the age of 15 years working on their own account could be informed by the labour inspector covering their area of the risks involved in their work and the social security measures to be envisaged in the event of employment accidents. The Committee notes the Government’s indication that a training seminar for labour inspectors was held on 18, 19 and 20 May 2009 in Bamako, during which labour inspectors were able to identify all the specific features of child labour and were informed of the means by which they can exercise supervision over child labour. The Committee however notes the Government’s indication that no specific measures have been adopted in Mali to allow labour inspectors to target more specifically children under 15 years of age engaged in an economic activity on their own account. It reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is based on an employment relationship and whether or not it is paid. The Committee therefore requests the Government to take measures to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. In this respect, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services with a view to ensuring such protection.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to section L.187 of the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, except with a written waiver issued by the Minister of Labour. The Committee also noted that section D.189-23 of Decree No. 96‑179/P‑RM of 13 June 1996 issuing the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. In this respect, the Committee noted the Government’s indication that it undertook to take the necessary measures to amend section L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”. The Committee notes the Government’s indication that it has not yet adopted any measure to raise the minimum age for admission to employment, as established in the Labour Code, to 15 years. The Committee therefore urges the Government to take the necessary measures to harmonize the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 with the Convention and to prohibit work by children under 15 years of age as soon as possible. It requests the Government to provide information on the progress achieved in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that Decree No. 314/PGRM of 26 November 1981 regulates school attendance and that the age of completion of compulsory schooling in Mali is 15 years. It noted the information provided by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) would increase the number of classes and teachers in the poorest regions and improve the access to schooling for thousands of children, particularly in rural areas. The Committee also noted that, according to the national survey report on child labour prepared in 2005, 41 per cent of children aged between 5 and 14 years were engaged in full‑time economic activity, 25 per cent combined work and studies and 17 per cent only attended school. The net school attendance rate for primary education (7–12 years) in 2004–05 was 56.7 per cent, or 48.9 per cent for girls and 64.8 per cent for boys, while the rate for secondary education (13–15 years) was 20.6 per cent, or 15.4 per cent for girls and 26 per cent for boys. The Committee noted the Government’s indication that it is aware that the performance of child labour is prejudicial to schooling and that it will continue its efforts to ensure the schooling of a larger number of children.

The Committee notes the Government’s indications that the National Educational Statistical Yearbook indicates that, during the 2007–08 school year, the gross school attendance rate in primary school (7–12 years) was 80 per cent, or 70.7 per cent for girls and 89.5 per cent for boys, while for secondary education (13–15 years) the rate was 46.8 per cent, or 36.6 per cent for girls and 57.3 per cent for boys. The Committee notes that Mali is one of the 11 countries involved in the implementation of the ILO–IPEC project “Tackle child labour through education in 11 countries” (ILO–IPEC TACKLE project), the overall objective of which is to contribute to the reduction of poverty in the least developed countries by providing equitable access to primary education and the development of knowledge amongst the most underprivileged members of society. According to the activity report of the ILO–IPEC TACKLE project in Mali of October 2009, several measures and programmes of action have been implemented to support school attendance by children engaged in work at an early age. Furthermore, an integrated framework to cover the educational needs of the most vulnerable categories of children is currently being formulated with a view to the integration of these needs into phase III of PISE.

The Committee takes due note of the measures adopted by the Government in relation to education. However, it notes that, according to the Education for all global monitoring report of 2008, published by UNESCO under the title “Education for all by 2015: Will we make it?”, although there has been substantial progress in the field of education, Mali is still far from achieving the objective of universal primary education by 2015, and will probably not achieve gender parity by 2015, or 2025.

The Committee further notes that the low school enrolment rate of children between 13 and 15 years of age shows that a number of children drop out of school before reaching the minimum age for admission to employment and that they enter the labour market. Considering that education is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to increase school attendance rates and reduce school drop-out rates, particularly for children between 13 and 15 years of age, and especially for girls. The Committee requests the Government to continue providing information on the progress achieved in this respect. Furthermore, noting that Decree No. 314/PGRM of 26 November 1981 is not attached to the Government’s report, the Committee once again requests it to provide a copy of it with its next report.

Article 3, paragraph 2. Determination of hazardous types of work. Further to its previous comments, the Committee notes with interest that Order No. 09‑0151/MTFPRE-SG, completing the list of hazardous types of work prohibited for young persons under 18 years of age in the agricultural, stock‑raising, fishing, forestry, mining, quarries and traditional gold panning, tourism and informal sectors, was adopted on 4 February 2009.

Article 3, paragraph 3. Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years: section D.189-24 (boys over 16 years of age in underground galleries, mines and quarries); section D.189-26(4) (children over 15 or 16 years of age in the operation of bandsaws and circular saws, subject to prior written authorization from the labour inspector); section D.189-29 (children of 16 years and over to perform work involving vertical wheels, winches or pulleys; steam valves; doublers in workshops where wire rods are laminated and drawn; work involving the use of suspended scaffolds); and section D.189‑31(2) (children over 16 years of age under specific conditions in a certain number of establishments). The Committee noted the Government’s indication that the authorization of the labour inspector, which is required to employ young persons between 16 and 18 years of age, is a guarantee that these types of hazardous work are performed under healthy, safe and moral conditions. Indeed, the labour inspector is obliged to secure full guarantees before issuing the authorization. The Government indicates in its report that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee notes that section D.189-99, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. The Committee therefore requests the Government to take measures to ensure compliance with the conditions set out in Article 3(3) of the Convention. It requests the Government to provide information on any developments in this respect.

Article 7. Light work. In its previous comments, the Committee noted that section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment 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. It noted the Government’s indication that it undertook to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light-work activities and the conditions for their performance. The Committee notes the Government’s indication that no new measure has yet been taken to establish the list determining light-work activities and the conditions for their performance. The Committee therefore urges the Government to take the necessary measures to harmonize the national legislation with the Convention and to authorize the employment of children on light work from the age of 13 years, and to indicate the light-work activities in which the employment or work of children could be permitted. For this purpose, it hopes that the order respecting light work will be formulated and adopted in the near future.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the national survey report on child labour prepared in 2005 by the National Directorate for Statistics and Information, in collaboration with the National Labour Directorate and ILO–IPEC–SIMPOC. According to this report, around two children out of three aged between 5 and 17 years are economically active, or just over 3 million girls and boys throughout the country. Of these, almost 2.4 million children between 5 and 14 years of age, or 65.4 per cent of children between the ages of 5 and 14 years, are engaged in work, a phenomenon which affects both boys and girls, and both the rural areas and the towns of Mali. The Committee noted that the phenomenon is more widespread in rural areas (68 per cent of 5–14 year olds) than in urban areas (59 per cent of 5–14 year olds). Some 93 per cent of 5–14 year olds who are economically active are engaged in harmful or hazardous types of work, corresponding to 60 per cent of children in that age group. The Committee also noted that, according to the survey, the main sector for child employment is agriculture, in which one child out of six works. The Committee noted, among other information, that in 2006 Mali launched a Time-bound Programme (TBP) on the worst forms of child labour, in collaboration with ILO–IPEC. It noted that the areas of intervention covered by the TBP include mines and quarries, agriculture and cottage industries, the urban informal economy and domestic work. The Committee also noted that a Poverty Reduction Strategy Framework (PRSF) had been adopted which takes into account the problem of child labour in the context of the cross-cutting issues and integrates it into the global context of the improvement of the situation of children and the role of the family.

The Committee notes the Government’s indications that 10,000 children have been removed from child labour and its worst forms, or have been prevented from becoming engaged therein. The Government adds that the awareness-raising activities that have been carried out cover 35,000 people concerning the trafficking of children in the agricultural and mining sectors, in the informal economy and concerning girls involved in the urban economy. The Committee also notes with interest that, according to the technical progress report of 1 September 2009 on the ILO–IPEC support project for the TBP, 6,499 children have benefited from the measures taken in the context of the TBP since its implementation and 2,450 children have been removed from the worst forms of child labour. The Committee also notes that, in the context of the TBP, a programme of action was launched in 2009 for the preparation and design of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM). The PANETEM will reinforce the progress achieved over more than a decade of combating child labour and will address the difficulties encountered. It will be implemented by the National Cell to Combat Child Labour (CNLTE), established in 2007 with the support of ILO–IPEC with a view, among other objectives, to eliminating child labour in the country and compiling information on the activities carried out by children. The Committee notes that, with a view to monitoring the follow-up of the activities carried out in the context of the PANETEM, a National Commission to Follow-up the Preparation (CNSE) of the PANETEM was established by Decision No. 09-1338/MTFPRE-SG, of 27 July 2009.

The Committee once again expresses its appreciation of all the measures taken by the Government for the abolition of child labour, measures which it views as an affirmation of the political will to develop strategies to combat this problem. The Committee strongly encourages the Government to redouble its efforts to combat child labour and requests it to provide information on the implementation of the projects referred to above, the formulation of the PANETEM, the activities of the CNLTE and the CNSE, and the results achieved in terms of the progressive abolition of child labour. The Committee also requests the Government to provide information on the application of the Convention in practice including, for instance, statistics disaggregated by sex and age group on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention, and extracts from the reports of the inspection services.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. 1. Scope. The Committee previously asked the Government to provide information on how the protection laid down in the Convention was ensured for children not covered by an employment relationship, such as self-employed children. The Committee notes the information sent by the Government according to which self-employed children of 15 years of age may be informed by the labour inspector of the risks involved in their work or the social security measures provided for in the event of occupational accidents. These children benefit from the same protection as those covered by an employment contract, in pursuance of the Constitution, the Child Protection Code and all other child protection measures. The Committee asks the Government to provide information on the steps taken or envisaged to enable labour inspectors to target children carrying out an economic activity on a self‑employed basis, thereby ensuring that all children receive the protection afforded by the Convention.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under article 20(b) of the Child Protection Code all children have the right to work as from 15 years of age, in accordance with the minimum wage specified by the Government upon ratifying the Convention. It noted, however, that pursuant 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 order of the Minister of Labour. The Committee also noted that article D.189-23 of Decree No. 96‑178/P‑RM of 13 June 1996 implementing the Labour Code lists the loads that children from 14 to 17 years may not carry, drag or push, according to type of transport apparatus, the weight of the load and the sex of the child. It asked 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 the employment of children under the age of 15 years. The Committee notes the Government’s indication that it undertakes to take the necessary steps to review article L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”. The Committee hopes that the Government will, in the very near future, take the necessary steps to bring the Labour Code and Decree No. 96-178/P-RM of 13 June 1996 into line with the Child Protection Code and the Convention and prohibit work by children under the age of 15 years. The Committee asks the Government to provide information on any steps taken in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously noted that Decree No. 314/PGRM of 26 November 1981 regulated school attendance and that the age of completion of compulsory schooling in Mali was 15 years. It notes the information sent by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) is to increase the number of classes and teachers in the poorest regions and improve access to schooling for thousands of children, particularly in rural areas. Furthermore, according to the Government, the coverage of the education system has significantly improved over recent years. The Committee notes, however, that according to the national survey report on child labour prepared in 2005, 41 per cent of children aged from 5 to 14 years are engaged in full-time economic activity, 25 per cent combine work and study and 17 per cent only go to school. The net school attendance rate for primary education (7–12 years) for 2004–05 was 56.7 per cent, which is to say 48.9 per cent for girls and 64.8 per cent for boys, while the rate for secondary education (13–15 years) was 20.6 per cent, that is 15.4 per cent for girls and 26.0 per cent for boys. The Committee notes that, within the framework of the ILO/IPEC project on the abolition of child labour in French-speaking Africa, an action programme has been launched focusing on vocational training and apprenticeships for children. The Committee notes that, according to the information provided, the Government is aware that child labour is performed to the detriment of schooling and that it will continue its efforts to ensure that education is received by a greater number of children.

The Committee is concerned by the very low levels of school attendance in Mali. It notes that poverty is one of the main reasons for child labour, and that this, combined with an inefficient education system, impedes child development. Given that education is one of the most effective means of combating child labour, the Committee encourages the Government to continue its efforts in this field, particularly by stepping up its measures to enable child workers to enter the formal and informal schooling system, take up an apprenticeship or embark upon vocational training, thereby increasing school attendance levels and reducing the school drop-out rate. The Committee asks the Government to provide information on the measures taken to this end and on the results achieved in terms of increasing school attendance and reducing the drop-out rate. The Committee once again asks the Government to provide a copy of Decree No. 314/PGRM of 26 November 1981.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes the information sent by the Government according to which a draft Order on hazardous work is currently being prepared. The Committee asks the Government to provide a copy of the Order once it has been adopted.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee previously noted that certain provisions of Decree No. 96‑178/P-RM of 13 June 1996 allow children to be employed in hazardous work from the age of 16: article D.189-24 (boys over 16 years of age in underground galleries, mines and quarries); article D.189-26, paragraph 4 (allowing children of over 15 or 16 years of age to operate bandsaws and circular saws subject to prior written authorization from the labour inspector); article D.189-29 (allowing 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; to perform work involving the use of suspended scaffolds); and article D.189-31, paragraph 2 (children over 16 years of age under specific conditions in a certain number of establishments). The Committee asked the Government to send 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. In its report, the Government states that the authorization of the labour inspector, which is required to employ young persons of 16 to 18 years, is a guarantee that these types of hazardous work are performed in healthy, safe and moral conditions. The labour inspector is in fact obliged to ensure all such conditions before issuing this authorization. While taking note of this information, the Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, in addition to the obligation to fully ensure the health, safety and morals of children, children must also have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee asks the Government to indicate the manner in which this condition is met.

Article 4. Exclusion from application of the Convention of limited categories of employment or work. Further to its previous comments, the Committee notes the information sent by the Government according to which it has not availed itself of the possibility to exclude certain categories of employment or work from the application of the Convention and no consultations have been scheduled to examine this matter, given that the sector concerned would be agriculture, including family agriculture, and it seems risky to make an exclusion in a sector which is the main sector in which children are employed.

Article 7. Light work. In its previous comments, the Committee noted 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. The Committee asked the Government to take the necessary steps to bring national laws and regulations into line with the Convention, to allow children to be employed in light work only from the age of 13 years and to indicate the activities in which light work by children may be permitted. The Committee notes the information sent by the Government according to which it has undertaken to raise the minimum age for domestic work and light work of a seasonal nature from 12 years to 13 years. It also notes that a draft Order is currently being prepared in order to determine light work activities and the conditions for the performance of such work. The Committee hopes that this Order will soon be adopted. It asks the Government to provide information on any progress made in this respect and to supply a copy of the Order once it has been adopted.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the national survey report on child labour, prepared in 2005 by the National Directorate for Statistics and Information (DNSI) in collaboration with the National Labour Directorate and ILO/IPEC/SIMPOC. According to this report, around two children out of three aged from 5 to 17 years are economically active in Mali, i.e. just over 3 million girls and boys. Of this number, almost 2.4 million children from 5 to 14 years work, i.e. 65.4 per cent of children from 5 to 14 years. This phenomenon affects both girls and boys, in rural areas and in towns. The Committee notes that the phenomenon is more widespread in rural areas (68 per cent of 5 to 14 year olds) than in urban areas (59 per cent of 5 to 14 year olds). Some 93 per cent of economically active 5 to 14 year olds perform harmful or dangerous work, which corresponds to 60 per cent of children in that age group. The Committee notes that according to the report the main sector for child employment is agriculture, in which one child out of six works.

The Committee also notes that, according to the 2007 activity reports concerning the ILO/IPEC project on the abolition of child labour in French-speaking Africa, a certain number of activities have been carried out, including activities to mobilize communities and raise their awareness in respect of the problem of child labour, which includes domestic work and child labour in the cotton industry and the informal sector. Moreover, action programmes have been launched targeting the work of girls employed as domestic servants and work in urban areas, as well as child labour on gold panning sites and in agriculture. The Committee notes with interest that around 19,245 children and 2,150 families have benefited directly from activities under the project and that around 2,260 children have been prevented from taking up exploitative work or removed from such activity. The Committee also notes that in 2006 Mali launched a Time‑bound Programme (TBP) on the worst forms of child labour, in collaboration with ILO/IPEC. It notes that the areas of intervention covered by the TBP are most notably mines and quarries, agriculture and cottage industries, the urban informal economy and domestic work.

The Committee notes the information provided by the Government according to which, in order to combat child labour on a permanent basis, action must be taken to target the main cause of the premature engagement of children in work, which is poverty. Poverty has unfortunately become a structural phenomenon which must be reduced by every possible means in order for the action taken to combat child labour to be effective. In this respect, the Committee notes the Government’s information indicating that a Strategic Framework to Combat Poverty (CSLP) has been adopted which takes into account the problem of child labour in the form of cross-cutting issues, and integrates the matter into the global framework of the improvement of the situation of children and the role of the family. The Committee greatly appreciates all the steps taken by the Government to abolish child labour, steps which it views as an affirmation of the political will to develop strategies to combat this problem. The Committee is nevertheless concerned about the situation of young children in Mali who are compelled to work. The Committee therefore strongly encourages the Government to continue its efforts to combat child labour and requests that it provide information on the implementation of the projects mentioned above and the results achieved in terms of the progressive abolition of child labour. The Committee also asks the Government to indicate how many children have been removed from the areas of intervention covered by the TBP, namely mines and quarries, agriculture and cottage industries, the urban informal economy and domestic work.

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

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.