Texts of pending comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 155 (OSH) together in a single comment.

The Committee notes the observations of the National Council of Employers of Mali (CNPM) on the application of Convention No. 155, communicated with the Government’s report.

1. Occupational Safety and Health Convention, 1981 (No. 155)

Article 1(2) and (3) of the Convention. Exclusions. The Committee previously noted that the protection measures provided for in the Convention apply to all branches of economic activity, with the exception of magistrates, civil servants and the armed forces, which are also excluded from the scope of application of Act No. 92-020 of September 23 of 1992 issuing the Labour Code, as amended (hereinafter the Labour Code). The Committee notes the Government’s indication in its report that the representative organizations of employers and workers are consulted on the occasion of the drafting, adoption or amendment of the Labour Code and the various regulations governing excluded categories of workers. The Committee requests the Government to provide fuller information on the manner in which the representative organizations of employers and workers concerned were consulted with regard to these exclusions, what special problems of a substantial nature led to these exclusions being adopted following consultation and to describe the measures adopted to give adequate protection to workers in the excluded branches and to indicate in future reports any progress towards the wider application of the Convention.

Articles 4, 7 and 8. National OSH policy, formulated in consultation with the most representative organizations of employers and workers. Further to its previous request on the progress made towards the formulation of the National Occupational Safety and Health Policy, the Committee notes the Government’s indication that a meeting of the Steering Committee was held on 30 July 2021 to establish the future stages of the finalization of the Policy and integrate the observations of the social partners in the draft document. The Government adds that a follow-up and evaluation mechanism is envisaged for the National OSH Policy, including: (i) the preparation every six months of a report on the implementation of the National OSH Policy by the Permanent Secretariat of the Higher Council for Prevention, which is to be established; (ii) the mid-term evaluation of implementation after three years; and (iii) the final evaluation following five years of implementation. The Government indicates that the review of the National OSH Policy will be undertaken following five years of its implementation in practice on the basis of the relevant findings of the mid-term evaluation reports and the final report. The Government adds, however, that while awaiting the creation of the Higher Council for Prevention, follow-up will be undertaken by a committee created by order of the Minister of Labour. This committee will be responsible for preparing an annual report which will be submitted to the political authorities (the Ministries of Labour, Health, Finance, etc.) and communicated to all the actors concerned, including employers’ and workers’ organizations. The Committee requests the Government to continue providing information on the progress achieved in the formulation of the National OSH Policy, including the consultations held in the Steering Committee, and to provide a copy of the National OSH Policy once it has been adopted. It also requests the Government to continue providing information on the manner in which the National OSH Policy is periodically reviewed and on the other measures taken to review the OSH situation at appropriate intervals.

Articles 5(c) and 19(d). Training of workers and their representatives. Further to its previous request, the Committee notes the Government’s indication that the draft National OSH Policy takes into account the training, skills and motivation of the persons involved through the following: (i) the strengthening of the capacities of training schools and institutions; (ii) the development of training programmes and/or awareness-raising based on a participatory approach focussing on the improvement of working conditions in small and medium-sized enterprises, the agricultural sector, building and public works and the informal sector; (iii) the recruitment of specialized OSH personnel; (iv) the incorporation of OSH courses in national education courses; (v) initial, further and specialized OSH training for doctors, nurses, labour inspectors, social security prevention technicians, occupational hygienists, ergonomists, safety engineers, environmental specialists, etc. The Government adds that labour and social security administrators, recruited through the National School of Administration, receive initial training in OSH. The Government further refers to section L.11 of the Labour Code, which provides that training leave shall be granted to designated workers to follow training and further training courses included in the training plan of the enterprise in which they exercise their trade. However, the Government indicates that it does not have statistics available on the training organized for workers, staff delegates and members of safety and health committees. The Committee requests the Government to continue providing information on the manner in which the National OSH Policy takes into account the training, skills and motivation of the persons involved to ensure that adequate levels of safety and health are achieved, and on the measures that are implemented in practice. It also requests the Government to take measures in law and practice to ensure that workers, staff delegates and members of the safety committee and their representatives in the enterprise receive appropriate training in the field of OSH.

Article 5(e). Protection of workers and their representatives from disciplinary measures. In its previous comment, the Committee noted that, under the terms of section 282-2 of Decree No. 96-178, the members of safety and health committees benefit from the legal protection set out in section L.277 of the Labour Code for staff representatives, which requires the authorization of the labour inspector in the event of dismissal. The Committee notes the Government’s indication that the Labour Code does not explicitly provide for the protection of all workers against all disciplinary measures as a result of actions properly taken by them in conformity with the National OSH Policy. The Committee recalls that Article 5(e) of the Convention concerns the protection of all workers and their representatives, and that this protection relates not only to cases of dismissal, but also to all disciplinary measures imposed as a result of actions properly taken by them in conformity with the National OSH Policy. The Committee therefore requests the Government to take the necessary measures, in law and in practice, so that workers and their representatives benefit from protection against all disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Articles 6 and 19(a). Functions and responsibilities of workers. In reply to its previous request, the Committee notes the Government’s reference in its report to the responsibilities of trade union delegates and staff delegates, as well as those of the members of health and safety committees, but that it does not indicate the manner in which the National OSH Policy sets out the responsibilities of workers in respect of OSH. The Committee therefore requests the Government to indicate the measures adopted or envisaged to specify the responsibilities of workers in respect of OSH within the framework of the National OSH Policy that is being developed. It also requests the Government to indicate the measures taken or envisaged to ensure the cooperation of workers, in the course of performing their work, in the fulfilment of the obligations placed on the employer, in accordance with Article 19(a).

Articles 9 and 15. Adequate and appropriate system of inspection. Necessary coordination between various authorities and bodies. In reply to its previous request concerning the role of the National Social Welfare Institute (INPS) in relation to OSH inspections, the Committee notes the Government’s indication that the INPS includes in its structure an Employment Injury and Occupational Disease Prevention Service which carries out OSH inspection functions with a view to prevention. It adds that the action of the INPS is in principle focussed on prevention, namely through information and awareness-raising, but that between January and December 2019, the INPS Prevention Service controlled occupational safety and health conditions in 118 enterprises. The Committee notes the CNPM’s observations that, as the INPS has no inspection powers and is only mandated to carry out information and awareness-raising activities on the prevention of occupational risks, enterprises should not continue to be subject to such dual control. The Committee requests the Government to indicate the manner in which the Employment Injury and Occupational Disease Prevention Service of the INPS collaborates with the authorities responsible for labour inspection and OSH within the framework of OSH controls, and in order to ensure an appropriate and sufficient inspection system.

Article 11(b) and (f). Determination of work processes and of substances and agents which are prohibited, limited or made subject to authorization or control by the competent authority. Examination of chemical, physical and biological agents. Further to its previous comment, the Committee notes the Government’s reference to section 140 of the Social Welfare Code, under the terms of which any employer that uses work processes liable to cause occupational diseases is required under penalty of a fine to declare them to the labour inspector and the INPS by registered letter prior to the commencement of the work. The Government also refers to section L.171(4) of the Labour Code, which provides that decrees shall determine measures respecting the distribution and use of substances or preparations for industrial use which are liable to be hazardous for workers. The Committee requests the Government to indicate the measures adopted to ensure the determination of substances and agents exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities (Article 11(b)) and whether decrees have been issued under section L.171(4) of the Labour Code. The Committee also requests the Government to indicate the measures taken to introduce or develop systems to examine chemical, physical and biological agents in respect of the risk to the health of workers (Article 11(f)).

Article 12(a), (b) and (c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comment, the Committee notes that, according to the Government, the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use are not determined in the Labour Code, but could be included on the occasion of a future review of the Labour Code. The Committee requests the Government to take the necessary measures to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that machinery, equipment or substances do not entail dangers); (b) (information and instructions); and (c) (studies and research) of Article 12. It also requests the Government to provide information on the measures adopted for this purpose.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In reply to its previous request, the Committee notes the Government’s indication that the national legislation does not contain explicit provisions on the protection of workers who have removed themselves from situations presenting an imminent and serious danger to their life or health. The Committee requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention by ensuring that national laws or regulations set out the right of all workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and not to be required to return to that situation while the imminent and serious danger persists. It also requests the Government to provide information on the measures adopted in this respect.

Article 15. Necessary coordination between various authorities and bodies. Central body. Further to its previous comment, the Committee notes the Government’s indication that, in the context of the formulation of the National OSH Policy, it is planned to establish a Higher Council for the Prevention of Occupational Risks to determine and take forward the principal OSH policy measures. The Government indicates that the Higher Council for the Prevention of Occupational Risks will be composed of the Ministries concerned with OSH matters and occupational organizations of employers and workers, and that it will be chaired by the Minister of Labour. The Committee requests the Government to continue providing information on the progress achieved in the establishment of this central coordination body.

Article 16(2) and (3). Responsibilities of employers. The Committee previously noted that, in accordance with section D.170-4 of Decree No. 96-178, in exceptional cases where the competent labour inspector has recognized that protection measures to evacuate irritating or toxic dust, vapour or gasses are impossible, appropriate masks and protective equipment shall be made available to the workers, and shall be maintained and disinfected before being assigned to other users. The Committee notes the Government’s reference to section 172 of the Labour Code, under the terms of which the employer is responsible for the adoption of measures under the provisions of the Chapter of the Labour Code on health and safety and their implementing texts. However, the Committee notes that section D.170-4 of Decree No. 96-178 relates to specific limited situations. The Government also refers to clause 66(3) of the Collective Agreement for Mining, Geological and Hydrological Companies and Enterprises in Mali, which provides that the personal protective equipment necessary for the performance of the work shall be provided by the employer periodically as determined by the enterprise management. The Committee requests the Government to take measures to ensure that, in accordance with Article 16(2), employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate protection measures are taken. It also requests the Government to provide further information on the measures taken to ensure that employers are required to provide, where necessary and in sectors other than construction and mines, adequate protective clothing and protective equipment to prevent the risk of accidents or of adverse effects to heath, in accordance with Article 16(3).

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s reference, in reply to its previous request, to section L.94 of the Labour Code, which relates to work by the task (“tacheronnat”). However, the Committee observes that Article 17 of the Convention refers to a situation in which two or more undertakings engage in activities simultaneously at the same workplace and that it requires collaboration in applying the provisions of the Convention. The Committee therefore requests the Government to take the necessary measures, in law and in practice, to ensure that, on every occasion that enterprises engage simultaneously in activities at the same workplace, they are required to collaborate in applying the provisions of the Convention.

Articles 19(b), (c) and (e) and 20. Cooperation by workers and their representatives with the employer. Further to its previous comment, the Committee notes the Government’s indication that collaboration by workers and their representatives with the employer is demonstrated, for example, by the review of the reports of health and safety committees, which are transmitted to the National Directorate of Labour, in accordance with section D.282-7(2) of Decree No. 96-178/P-RM, as well as during the enterprise inspections carried out by labour inspectors. The Government indicates that, at the end of an inspection, a review meeting is held and recommendations and advice are made to the employer and the safety and health committee. The Committee requests the Government to provide further information on the application in practice of Articles 19(b), (c) and (e) and 20 of the Convention.

Article 21. OSH measures without any expenditure for workers. Further to its previous comment, the Committee notes that the Government refers once again to the provisions under which compulsory medical examinations and any additional examinations are free for workers. The Government also refers to section 54 of the Social Welfare Code, which provides that, in the event of the illness of the worker, her or his spouse or children, the Medical Centre is required to provide care and medicines free of charge. However, the Committee observes that Article 21 of the Convention refers to occupational safety and health measures as a whole and requires that they shall not involve any expenditure for the workers. The Committee therefore requests the Government to take the necessary measures to ensure that occupational safety and health measures do not involve any expenditure for the workers.

Protocol of 2002

Articles 2(a) and 3 of the Protocol. Procedures for recording. Further to its previous comment, the Committee notes the Government’s indication that the establishment and periodic review of procedures for the recording of occupational accidents and cases of occupational disease are always undertaken in consultation with the most representative organizations of employers and workers, which are also members of the Executive Board of the INPS. The Government adds that, in the public sector, the Mali Social Security Fund (CMSS) is in the process of operationalizing provisions of the Act on employment injury of public officials, military personnel and parliamentarians of 2018. The Government indicates that it does not currently have information on the consultations held for these purposes. Finally, the Government indicates that measures will be taken so that the elements envisaged in Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the recording procedures in future reviews. The Committee requests the Government to provide fuller information on the periodic review of the procedures for the recording of occupational accidents and occupational diseases referred to above, and on the consultations held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures. The Committee also requests the Government to take the necessary measures to ensure that the elements envisaged in Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the procedures for recording.

Articles 2(b) and 4. Procedures for notification. Further to its previous comment, the Committee notes the Government’s indication that measures will be taken so that the procedures for the notification of occupational accidents and occupational diseases include the element envisaged in Article 4(a)(ii) of the Protocol on the occasion of future reviews of these procedures. The Government adds that it does not have information on the consultations held concerning the establishment and periodic review of these procedures, but that the most representative organizations of employers and workers are consulted. The Committee requests the Government to take the necessary measures to ensure that the procedures for notification referred to above include the element envisaged in Article 4(a)(ii) of the Protocol. The Committee also requests the Government to provide information on the consultations that have been held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures.

Article 6. Annual publication of statistics. Further to its previous comment, the Committee notes the Government’s indication that no formal system has been established for the collection, analysis and processing of statistics of occupational accidents and occupational diseases, but that statistics of occupational accidents are collective by labour inspection services based on notifications of occupational accidents made by employers and following investigations and inspections undertaken by labour inspectors. The various types of information received on the subject are compiled in the annual activity report of the National Directorate of Labour. In this regard, the Committee notes the statistics of occupational accidents contained in the 2020 annual report of the National Directorate of Labour. The Committee requests the Government to take the necessary measures to ensure the annual publication of statistics, compiled in such a way as to be representative of the country as a whole, concerning occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

2. White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics on morbidity and mortality due to lead poisoning. Application of the Convention in practice. Further to its previous comment, the Committee notes the Government’s indication that the INPS does not have statistical data on morbidity and mortality due to lead poisoning. It indicates that since 2015 there has been no notification by enterprises to the competent services of occupational diseases due to lead poisoning. The Committee notes the Government’s reiterates its request for ILO technical and financial assistance to conduct a survey on the mapping of risks related to the use of lead and its derivatives and on the prevalence of lead poisoning in Mali. The Committee once again hopes that the Government will take the necessary measures to ensure the collection of the data required by Article 7 of the Convention and will provide information on that subject. In the meantime, it requests the Government to provide any available information on lead-related diseases and any other information related to the application of the Convention in practice.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest) and 52 (annual holiday with pay) together.

The Committee takes note of the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report.

Article 2 of Convention No. 14. Weekly rest entitlement. Legislation. Further to the previous observations of the Confederation of Workers’ Union of Mali (CSTM) concerning the failure to comply with the rules on weekly rest, the Committee notes the Government’s indication that, in practice, weekly rest is respected in all public and private enterprises and establishments, although days of rest differ according to the manner in which the different entities are organized and operate. The Committee further notes that section 142 of the Labour Code was amended by Law No. 2017-021 of 12 June 2017 amending Law No. 92-020 of 23 September 1992, and that it now provides for weekly rest of at least 24 hours instead of 24 consecutive hours. The Committee requests the Government to specify whether the aforementioned new provision guarantees that workers enjoy a weekly period of rest of at least 24 consecutive hours, in accordance with Article 2 of the Convention.

Article 7. Posting of notices and record-keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that the legislation does not contain any provision requiring the employer to notify employees of the days and hours of collective weekly rest by posting a notice or, when the rest is not given collectively, by drawing up a roster. The Government indicates, however, that in practice, certain enterprises, particularly in the mining industry, establish rest schedules in order to better organize production. The Government adds that it will take into account these aspects not covered by the national legislation in a forthcoming review of the Labour Code. The Committee further notes the observations of the CNPM, in which no reply was provided to the question concerning the posting or keeping of weekly rest records. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention and to continue to provide information in this regard.

Article 2(3)(b) of Convention No. 52. Exclusion of interruptions of attendance at work due to sickness from annual holiday with pay. Further to its previous comments, the Committee notes the Government’s indication that there is no provision in the legislation for the exclusion of interruptions of attendance at work due to sickness from the calculation of annual holiday with pay. The Government indicates that it will initiate discussions on this aspect in a forthcoming review of the Labour Code, in consultation with the representative employers’ and workers’ organizations. The Committee once again requests the Government to take the necessary measures to ensure that absences from work due to sickness are not counted as days of annual holiday with pay to which workers are entitled under the national legislation, in accordance with Article 2(3)(b) of the Convention.

The Committee notes the Government’s detailed replies to the observations of 2017 of the International Trade Union Confederation (ITUC) and the Confederation of Workers’ Unions of Mali (CSTM) reporting violations of freedom of association in several sectors of activity.

Article 3 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. In its previous comments, the Committee asked the Government to report on any new draft revising Decree No. 90-562 P-RM of 22 December 1990 establishing a list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in the event of a strike in public services, regional authorities and agencies responsible for the running of a public service; to ensure that the representative organizations of workers concerned are consulted in this regard; and to provide any proposed or agreed-upon list of such services, positions and categories. The Committee notes the Government’s indication that consultations are taking place between the Government and the social partners with regard to the revision of the list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in public services, for the purpose of reviewing the decree in question. The Committee also notes that, further to the adoption of Act No. 2017-021 of 12 June 2017 amending the Labour Code, the Government indicates that, as regards new section L.231 establishing a minimum service in the event of a strike in the private sector, it is planned to draw up a consensual list of jobs essential for the performance of this minimum service and that exchanges have taken place in this regard between the Government and the social partners.

The Committee wishes to recall in this regard that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; and (iii) in public services of fundamental importance. Such services should meet at least two requirements: (a) they must genuinely and exclusively be services limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of any such service, while maintaining the effectiveness of the pressure brought to bear; and (b) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such services, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137). The Committee requests the Government to continue providing information on any proposed or agreed-upon list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in the event of a strike in public services or in enterprises providing public utility services.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together.

The Committee notes the observations of the National Council of Employers of Mali (CNPM), provided with the Government’s report.

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. In its previous comment, noting that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council (CST)is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the CST is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage, the Committee requested the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the guaranteed minimum interoccupational wage (SMIG). The Committee notes the Government’s indication in its report that it undertakes to provide this information at the forthcoming examination of the SMIG. The Committee notes that the last examination of the SMIG took place in 2016. Hoping that the process for the examination of the SMIG will be reactivated in the near future, the Committee once again requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of this examination.

Article 12 of Convention No. 95. Regular payment of wages. In its previous comment, the Committee noted the observations of the Confederation of Workers’ Unions of Mali (CSTM), according to which certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute (IGM). The Committee notes the Government’s indication that the payment of wage arrears for the workers of the IGM and for the territorial authorities are being regularized. The Committee notes that the CNPM in its observations indicates that the Government has not provided any information on this subject, including on the number of months paid to date. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to resolve the problem of wage arrears and to provide information in this regard.

The Committee notes the Government’s detailed replies to the 2017 observations of the International Trade Union Confederation (ITUC) concerning the situation of trade union leaders in the health sector and belonging to a particular national police union. The Committee also observes that the Government states that, in the mining sector, numerous cases relating to the dismissal of workers have been pending before the competent judicial authorities for nearly ten years. Recalling that it is important to ensure, in cases of anti-union discrimination, that judicial decisions are handed down as quickly as possible, the Committee requests the Government to take appropriate measures to ensure that disputes concerning anti-union discrimination are addressed in a far more rapid manner and to continue providing information in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Determination of the representativeness of trade union organizations. Referring to its previous comments, particularly the results of the high-level mission which visited Bamako in 2015 to address the issue of the representativeness of trade union organizations, the Committee recalled the urgent need to determine the procedures for occupational elections, after consultation of the organizations concerned, in order to give full effect to the provisions of the Labour Code relating to collective bargaining. The Committee notes the Government’s indication that the social partners have still not reached an agreement on determining the threshold of representativeness for occupational elections; that it reiterates its commitment to holding occupational elections with maximum transparency and objectivity in collaboration with the trade unions; and that it intends to continue consultation meetings with a view to determining and adopting the representativeness threshold. The Committee notes the Government’s explanation that the action launched to this end could not be pursued because of the social and political instability in the country in 2020 but that it plans to hold occupational elections to determine representativeness by the end of 2021, after the labour conference planned for November. The Committee reiterates the firm hope that the Government will soon be able to report on the holding of these elections and that the results will make it possible to determine clearly the representative organizations for the purpose of collective bargaining at all levels. The Committee reminds the Government that it may request technical assistance from the Office in this regard.

Right to collective bargaining in practice. The Committee notes the Government’s indication that at present there are 21 collective agreements and 125 collective accords concluded in different sectors of activity but that it does not have statistical data on the number of workers covered. It also notes the indication that the process of reviewing obsolete collective agreements is under way at the National Directorate of Labour; that a new collective agreement for the hotel industry was signed in 2020; that discussions are in progress with the social partners with a view to the adoption of the collective agreement for private transport drivers in Mali and in other sectors such as telecommunications, secular private teaching and the pharmaceutical industry; and, lastly, that an inter-occupational agreement is being examined by the National Union of Workers of Mali (UNTM). The Committee requests the Government to continue providing full information on the number of collective agreements and accords concluded in the country, including the sectors concerned and the number of workers covered.

The Committee notes the observations of the Democratic Confederation of Workers of Mali (CDTM), which are contained in the Government’s report.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee asked the Government to undertake a new examination, in consultation with the representative organizations concerned, of the ways in which it is ensured that the representative organizations of employers and workers effectively participate in the tripartite consultations on international labour standards required under the Convention. It also asked the Government to keep it informed of any developments regarding the decree establishing the National Social Dialogue Council and to provide a copy following its adoption. In its reply, the Government emphasizes that all representative organizations of employers and workers effectively participate on the same footing in the tripartite consultations on international labour standards. The Government indicates that the procedures for consultation of the social partners consist of: (i) the transmission of correspondence and questionnaires for the formulation of the Government’s replies to questionnaires and the holding of tripartite information meetings regarding comments on proposed texts to be discussed by the International Labour Conference (ILC); (ii) the organization of information and awareness-raising workshops for the dissemination of Conventions and Recommendations recently adopted by the ILC; (iii) the holding of consultation meetings regarding the submission of Conventions or Recommendations; (iv) the organization of tripartite meetings, information and awareness-raising workshops for the promotion of unratified Conventions and of Recommendations; (v) the holding of workshops or meetings for the collection of data for the preparation of reports on ratified Conventions; and (vi) the transmission of correspondence and questionnaires on proposals for the abrogation of Conventions and the withdrawal of Recommendations. The Government adds that the principle of tripartite meetings or workshops was adopted on the basis of suggestions made by the ILO Subregional Office in Dakar and that the consultation procedures did not give rise to any particular objections from the social partners. However, there is no advisory committee on standards for the moment. The Committee also notes the information provided by the Government on the application of the Convention in practice. The Committee notes the Government’s indication that the draft decree establishing the National Social Dialogue Council was adopted internally by the Ministry of Labour in May 2020 and that tripartite meetings will be held with the most representative organizations of employers and workers before its adoption by the Government. The Committee expects that the draft decree establishing the National Social Dialogue Council will be adopted in the very near future and requests the Government to send a copy of it to the Office once it has been adopted, and also information on the setting up of the Council and its activities. The Committee also requests the Government to continue providing detailed information on the frequency, content and outcome of tripartite consultations held on the matters covered by the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. The Committee previously asked the Government to continue providing information on the consultations regarding the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given, particularly the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee notes the Government’s indication that a tripartite information and awareness-raising workshop was held in collaboration with the Office on 27 and 28 March 2019 with a view to promoting the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Holidays with Pay Convention (Revised), 1970 (No. 132). The Committee notes with interest that the Government indicates that, in the context of the re-examination of Convention No. 102, the Ministry of Labour organized a tripartite consultation meeting on 24 July 2019 and that further to these consultations, the Bill for the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), has been brought before the National Assembly. Moreover, the Government indicates that because of the COVID-19 pandemic it has not been possible to hold any tripartite workshops or meetings in 2020 and 2021 on the re-examination of unratified Conventions, but it reiterates its wish to pursue the re-examination on an annual basis. In this regard, it states that priority can be given to considering, in conjunction with the most representative employers’ and workers’ organizations, the desirability of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to keep it informed of all progress made regarding the ratification of Convention No. 102. The Committee also requests the Government to continue providing updated information on the outcome of tripartite consultations on the re-examination of unratified Conventions, in particular Convention No. 129.

In the context of the COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage more extensively in tripartite consultation and social dialogue as a solid foundation for developing and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to continue providing updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with a view to capacity-building for the tripartite constituents and strengthening mechanisms and procedures, and also on challenges and good practices identified.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report, referring to the obligations under Articles 1, 4 and 5 of Convention No. 150.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Further duties entrusted to labour inspectors. Further to its previous comment, the Committee notes the Government’s indication in its report that the labour inspection services devote more time to conciliation services for collective and individual disputes than to discharging their primary duties, as set out in Article 3(1) of the Convention. The Government indicates that, more generally, the human, material and financial resources allocated to the inspection services are insufficient to carry out their primary duties. It specifies that there are no financial resources dedicated to conciliation meetings on individual and collective disputes at the level of regional inspectorates and that the financial resources allocated to the management of these disputes at the national level in the private sector are intended for the reimbursement of travel and meal expenses of participants and other meeting practicalities. The Committee further notes that the labour inspection system does not provide for a strict allocation of human resources in line with the functions of the inspectorate and that, in practice, all labour inspectors and controllers can carry out conciliation and monitoring functions in enterprises on an alternate basis. Lastly, the Committee notes that, according to statistical data collected in the 2020 annual report of the National Labour Directorate (DNT), the number of individual disputes settled through conciliation (1,337 disputes) remains high compared to the total number of inspections carried out in 2020 (803), although the gap has narrowed compared to 2018 (1,547 disputes). The Committee therefore requests the Government to take the necessary measures to ensure that, in line with Article 3(2), duties other than the primary duties entrusted to labour inspectors are not an obstacle to the discharge of the latter and to provide information on any progress made in this regard.

Articles 6, 7(1), and Articles 10, 11 and 16. Status and conditions of service of labour inspectors. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. Further to its previous comment, the Committee notes the Government’s indication that the objectives of the plan to strengthen the labour services comprise: (i) providing the Cabinet of the Labour Ministry with vehicles; (ii) providing the DNT and the Regional Labour Directorate (DRT) with cars and motorcycles; (iii) building premises for the DRT in Taoudéni and Ménaka, and completing and equipping the DNT and DRT premises in Kidal and Tombouctou; (iv) increasing labour services personnel; (v) increasing the operational budgets; and (vi) training labour inspectors and controllers. The Committee notes that the draft plan to strengthen the labour services is awaiting adoption in the legislative process and must be revised to facilitate the operationalization of the newly established regions of Bougouni, Dioïla, Koutiala, San and Nioro du Sahel. In addition, the Committee notes that centres have been built and equipped for the DRT of Kayes, Sikasso, Ségou, Mopti and Gao, and construction is underway for the DRT of Timbuktu and Kidal. It also notes that the active personnel of the labour inspection services includes 55 labour inspectors, 36 labour controllers, five human resources administrators and 84 support staff. The Committee requests the Government to provide further information on the implementation of the plan to strengthen the labour services, as well as on the progress made and the objectives achieved in practice, in particular with regard to material resources (vehicles, premises and equipment), financial resources (operational budgets allocated), and human resources (recruitment of qualified labour inspectors). It also requests the Government to specify whether the plan includes objectives concerning the conditions of service for inspectors and to provide further information on this matter.

Article 7(3). Training of labour inspectors. Further to its previous comment, the Committee notes the detailed information provided by the Government on the training organized as part of capacity building for labour inspectors, including the content, number of participants and duration. It notes, in particular, that labour inspectors received training on international labour standards, social dialogue, combating child labour, the COVID-19 workplace checklist, inspection techniques, labour statistics, combating trafficking in persons and preparing international labour standards reports. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including within the framework of the plan to strengthen the inspection services.

Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comment, the Committee notes the Government’s indication that no formal system is in place to collect, analyse and process statistical information on occupational accidents and diseases but that statistical information on industrial accidents is collected within the labour inspection services, on the basis of reports of industrial accidents submitted by employers, and following investigations and inspections conducted by labour inspectors. Various information received in that regard is compiled in the annual report on DNT activities. In this regard, the Committee notes the statistics contained in the 2020 annual report of the DNT, according to which 244 cases of industrial accidents were recorded in 2020, 233 of which were subject to statutory investigations. The Committee notes that, according to the annual reports of the DNT, no cases of occupational diseases were reported by employers to the labour inspection services between 2018 and 2020. In this respect, the Committee notes that under the terms of section 176 of the Labour Code, the employer is required to notify the labour inspectorate within 48 hours of any industrial accident or occupational disease detected in the enterprise. The Committee therefore requests the Government to provide an evaluation of the reasons for the lack of notifications of occupational diseases, and to provide information on cases of employers who have not complied with their obligation to notify cases of occupational diseases. The Committee also requests the Government to provide detailed information on the procedure for notifying and recording cases of occupational disease. The Committee also requests the Government to provide statistics, in particular on inspections regarding the conditions of safety and health in the establishments, specifying the offences (with an indication of the provision they fall under) or shortcomings identified, the measures taken by the inspectors in relation to these and the penalties imposed. The Committee also refers to its comments on the Occupational Safety and Health Convention, 1981 (No. 155) and the Protocol of 2002, concerning actions taken by the National Social Protection Institute with regard to occupational safety and health and on the publication of statistics concerning industrial accidents and occupational diseases.

Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee notes the 2020 annual report of the DNT, which was provided by the Government and contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee notes the Government’s indication that measures will be taken to ensure that future DNT reports contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (sanctions imposed) and (g) (statistics on occupational diseases). The Committee requests the Government to continue publishing and communicating annual reports to the ILO on the activities of the labour inspection services, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Effective operation of the labour administration system and coordination of its functions. The Committee previously noted the Government’s indication that the departments that make up the labour administration ensure coordination of their own services but there is an absence of a single coordination system. The Committee notes the Government’s indication that the labour administration system comprises the Ministry of Labour, Public Service and Social Dialogue, the Ministry of National Entrepreneurship, Employment and Vocational Training, and the Ministry of Health and Social Development. The Government indicates that there is close cooperation among the structures of the labour administration system so as to give effect to the provisions of the Convention. In practice, the coordination of functions and responsibilities falls within the work of the Government, through interministerial meetings and the Council of Ministers. In addition, coordination is ensured to some degree by the Ministry of Labour, Public Service and Social Dialogue, particularly on issues relating to the administration and management of public employees, social dialogue, conflict management, as well as bilateral and multilateral cooperation in the area of labour. In this regard, the Committee notes the CNPM’s observations that there is a problem with consistency in the Government’s claims that there is close collaboration among the structures of the administration system but that there is no formal framework for coordinating the functions and responsibilities of the inspection system, aside from the Council of Ministers and interministerial meetings. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests it to provide further information on the manner in which these functions and responsibilities, which are entrusted to various bodies responsible for labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. Further to its previous comment, the Committee notes the Government’s indication that representative employers’ and workers’ organizations participate in the process of consultation, negotiation and cooperation with the public authorities, particularly through their representation on the Economic, Social and Cultural Council, Higher Labour Council, Higher Public Service Council, joint administrative committees, negotiation and conciliation committees, Arbitration Council, as well as in tripartite meetings and committees as part of obligations relating to international labour standards. The Government also indicates that the draft decree on the establishment of the National Social Dialogue Council is in the process of adoption by the Government. In this connection, the Committee notes the CNPM’s observations that no draft for the establishment of this body has been submitted to the CNPM to date, and that the matter has been referred for consideration to the social conference. The Committee requests the Government to provide information on developments to the process of adoption of the decree on the establishment of the National Social Dialogue Council, and on consultations held on this subject. It requests the Government to provide a copy of the decree in question once it has been adopted.

Article 10(2). Material means and financial resources available to the staff of the labour administration. Further to its previous comment, the Committee notes the Government’s indication that, as part of improvements to the conditions of service of the staff of the labour administration, new premises were built and equipped in 2017 and 2018 to house the DNT with an adequate internet connection. The Government also indicates that the Ministry of Labour will continue to advocate an increase in the budget allocated to labour services in order to enable them to discharge their duties. Furthermore, it indicates that the material conditions should improve following the adoption of the plan to strengthen the labour services (vehicles, motorbikes etc.). The Government also indicates that, with regard to increasing the numbers of qualified staff in the labour administration, eight labour and social security administrators were provided to the labour services in October 2020, following their initial training at the National School of Administration in 2018–2020. In addition, after their recruitment in 2019, four interns from the labour and social security administrator staff started their initial two-year training in early 2021. The Committee requests the Government to continue to provide information on the measures adopted or envisaged to ensure that labour administration personnel are provided with the material means and the financial resources necessary for the discharge of their duties, particularly within the framework of the draft plan to strengthen the labour services.

Article 4(4) of the Convention. Compulsory maternity leave. In its previous comments, the Committee noted that, under sections L.179 and L.180 of the Labour Code, women workers were entitled to 14 weeks’ maternity leave, including seven consecutive weeks of compulsory leave, starting three weeks before the presumed date of childbirth and four weeks of compulsory post-natal leave. Noting that, in accordance with Article 4(4) of the Convention, maternity leave must include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers, the Committee requested the Government to indicate whether the national representative organizations of employers and workers were consulted on the provisions of the Labour Code concerning the duration of compulsory post-natal leave.

The Committee notes the indication in the Government’s report that during the preparation and adoption of the Labour Code, the most representative organizations of employers and workers were consulted in the context of tripartite meetings and the Higher Labour Council. In addition, the Government indicates that in practice, the period of post-natal maternity leave is generally more than six weeks. The Committee duly notes this information.

Article 8(2). Right to return to work. The Committee previously requested the Government to indicate how national legislation guarantees women workers the right to return to the same position or an equivalent position paid at the same rate at the end of their maternity leave.

The Committee notes the details provided by the Government in this regard, indicating that, in accordance with section L.34 of the Labour Code, maternity leave constitutes a suspension of the employment contract at the end of which a woman worker returns to the same position or an equivalent position paid at the same rate at the end of their maternity leave. The Committee duly notes this information.

Article 2(1) of the Convention. Application of the Convention to all employed women. The Committee notes the Government’s indication that, in Mali, atypical forms of dependent work generally relate to informal work, for example, in craft skills (dyeing, sewing, soap-making) and family enterprises (trade, agriculture, market gardening). The Government also indicates that, in practice, the labour inspectorate rarely intervenes in the informal economy and not at all in family enterprises, given the inadequate material and human resources.

In this regard, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2018, noted with concern that approximately 96 per cent of workers were employed in the informal sector of the economy and were not covered by labour laws or the social protection system (E/C.12/MLI/CO/1, para. 20). The Committee requests the Government to take the necessary measures to ensure that women workers in the informal economy employed in atypical forms of dependent work benefit from the protection guaranteed by the Convention, in accordance with its Article 2(1), and to provide information on the measures taken in this regard. With respect to matching human resources and material means with the needs of inspection, the Committee refers to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Article 8(1). Employment protection. In its previous comments, the Committee noted that section L.183 of the Labour Code prohibited the dismissal of women while they were on maternity leave, including the period of supplementary leave in case of maternity related sickness and requested the Government to extend the protection provided in this section to the period of pregnancy and nursing.

In its reply, the Government indicates that it will examine this issue in consultation with the most representative organizations of employers and workers at the forthcoming revision of the Labour Code. The Committee once again requests the Government to take the necessary measures to ensure employment protection against dismissal of women workers not only during maternity leave but for the entire period of pregnancy and a prescribed period after their return to work, in accordance with Article 8(1) of the Convention. The Committee requests the Government to provide information on any measures taken or envisaged in this regard.

Article 9(1). Non-discrimination. In its previous comment, the Committee requested the Government to envisage incorporating provisions into the Labour Code explicitly recognizing maternity as prohibited grounds of discrimination; imposing the obligation to abide by these provisions on all employers; and establishing effective penalties for any cases of discrimination on the basis of maternity, in order to give full effect to Article 9(1) of the Convention.

In its reply, the Government indicates that it will examine this issue in consultation with the most representative organizations of employers and workers at the forthcoming revision of the Labour Code. The Committee expresses the firm hope that the Government will take the necessary measures to give full effect to Article 9 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the Government’s report concerning the application of the Convention as supplemented by the Protocol of 2014 to the Forced Labour Convention, 1930 (No.29).

1. Trafficking in persons.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol of 2014. Systematic and coordinated action. In its previous comments, the Committee requested the Government to provide a copy of the Plan of Action 2015–2017 to combat trafficking in persons and similar practices and to describe the measures taken in this framework, as well as those adopted by the National Coordinating Committee to combat trafficking in persons and similar practices (CNCLTPPA).

The Committee notes the information provided by the Government in its report to the effect that the Plan of Action 2015–2017 was implemented through three annual operational plans of action. The evaluation of the Plan of Action was conducted in March 2018 at a national workshop, when an evaluation report was produced. According to the information of the United Nations Office on Drugs and Crime (UNODC), a new five-year plan was adopted in June 2018 covering the period 2018–2022 and focusing on four strategic areas, namely: (i) the prevention of trafficking; (ii) the promotion of the observance and enforcement of the law at all levels of the criminal justice system; (iii) the protection and assistance of victims; (iv) and the promotion of coordination and cooperation to combat trafficking in persons. According to the UNODC, the Government has undertaken to create an independent agency to combat trafficking, the National Agency to combat trafficking in persons and smuggling of migrants (ANTP/TIM). The operating procedures of the Agency will be determined by decree. The Committee requests the Government to provide a copy of the strategic plan 2018–2022 and information on its implementation and the results achieved. It also requests the Government to provide information on the establishment of the National Agency to combat trafficking in persons and smuggling of migrants and on the adoption of the decree determining the operating procedures of the Agency. In the meantime, the Committee requests the Government to continue providing information on the activities of the National Coordinating Committee to combat trafficking in persons and similar practices (CNCLTPPA).

Article 25 of the Convention, and Article 1(2) of the Protocol. Imposition of penalties and reinforcement of the capacities of the law enforcement authorities. The Committee previously referred to Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices. The Act establishes dissuasive penalties: between five and ten years of penal detention for trafficking in persons (section 7); between two and five years of imprisonment for the organized exploitation of begging by a third person (section 10); and between five and ten years of penal detention for the smuggling of migrants. The Committee requested the Government to provide information on the effect given to the Act, and particularly on the measures taken to reinforce the human and material resources of enforcement agencies, the prosecutions initiated, the court rulings handed down and the penalties imposed.

The Committee notes that the Government refers to the review of Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices in the report on the implementation of the Plan of Action 2015–2017 (page 22). It also notes that, according to this report (page 19 and the appendix), final judgements have been handed down in five cases of the exploitation of begging by third persons. The instigators were found guilty in four cases and given a suspended prison sentence of three months, eight months of imprisonment, and suspended sentences of one and two years, respectively. With regard to trafficking in persons, the final judgement has also been handed down in a case in which the instigator was found guilty and sentenced to one year’s imprisonment. In a case that has been appealed to the Supreme Court, the instigator was sentenced to ten years of criminal detention. The final judgement is still pending in several other cases. According to the information contained in the report (page 11), the CNCLTPPA has organized workshops in the regions of Kayes, Koulikoro, Sikasso, Mopti and the district of Bamako. The purpose of the workshops was to reinforce the capacities of judicial personnel (magistrates, investigators and judicial auxiliaries) and labour inspection personnel on the trafficking of persons and similar practices and the Act of 2012.

The Committee observes that persons committing offences related to the trafficking of persons and similar practices have generally received light sentences and that the number of cases dealt with by the judicial authorities is limited. The Committee therefore requests the Government to take the necessary measures to ensure that sufficiently effective penalties are strictly imposed. It also requests the Government to continue its efforts to reinforce information and training activities for actors in the justice system in relation to the repression of trafficking in persons. Furthermore, the Committee requests the Government to provide information on the outcome of the review of the Act of 2012.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. The Committee notes several activities undertaken by the Government to combat trafficking in persons, including: (i) the production of information tools and their translation and reproduction in national languages; (ii)the training of Koranic masters on action to combat trafficking in persons; (iii) radio and television broadcasts; and (iv) the organization of forums. The Committee also notes that, in Circular No. 0031/MJDH-SG of 10 January 2017, the Minister of Justice and Human Rights invited the prosecutors general of courts of appeal to produce statistics on cases of trafficking in persons and similar practices. The Committee requests the Government to continue providing information on education and awareness-raising activities relating to trafficking, particularly for vulnerable persons. It also requests the Government to continue its efforts to ensure the systematic collection of data on trafficking in persons and to provide information available in this regard.

Clause (d). Migrant workers and recruitment processes. The Committee notes the Government’s indication that Mali has adopted the National Migration Policy and related Plan of Action 2015–2019 and that a mid-term evaluation report has been produced. According to this report, various measures have been taken to protect and ensure the safety of migrants, including an awareness-raising campaign against the risks of irregular migration, as well as the organization and facilitation of lawful migration. The Committee also notes that the Governments of Mali and Saudi Arabia, in partnership with private placement agencies, have taken steps with a view to the establishment of a system for the recruitment and management of the lawful migration of workers. The Committee further notes that three annual multidisciplinary missions are envisaged in three countries in which there are a significant number of migrant Malian workers (Italy, Algeria and China) with a view to observing the conditions of work of Mali nationals abroad. These missions are part of the preventive action taken for the elimination of the forced labour of which Mali nationals living abroad are the victims. The Committee welcomes the various measures taken by the Government for the protection of migrant workers during recruitment processes, and particularly the multidisciplinary missions in destination countries, and requests it to: (i) indicate whether a new national migration policy has been developed, taking into account the importance of raising the awareness of migrants concerning the risk of exploitation at work; (ii) provide information on the operation of the system for the recruitment and management of the lawful migration of workers established between Mali and Saudi Arabia; and (iii) continue the practice of multidisciplinary missions and provide information on the findings of these missions and on the measures adopted or envisaged as a consequence.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the Government’s indication that the identification of victims of trafficking is carried out at all entry points by the border police for all persons entering Mali, and by the vice squad, police and national gendarmerie commissioners and labour inspectors within the country. The Committee also notes the information provided by the Government on the measures taken and the results achieved in relation to the identification and protection of child victims and migrants in general. The Committee requests the Government to provide information on the measures adopted or envisaged for the identification of adult victims of trafficking in persons and to provide them with the protection necessary for their recovery and rehabilitation.

Article 4(2) of the Protocol. Non-prosecution of victims for activities committed under constraint. The Committee notes that section 22 of the Trafficking Act provides that “victims of the offences envisaged in the present Act may not be prosecuted or convicted.” However, these provisions “shall not be applicable to an adult who, in full knowledge of the facts, contributes to committing an offence.” The Government indicates that victims who are involved in unlawful activities, such as the trafficking of drugs, generally benefit from attenuating circumstances which may lead to acquittal where the courts consider that the accused has really acted under constraint. The Committee requests the Government to indicate whether instructions have been issued for the competent authorities not to prosecute victims who have participated in unlawful activities under constraint. It also requests the Government to provide further information on any case in which a victim of forced labour has been subject to prosecution or penalties for having engaged in an unlawful activity under constraint.

2. Measures to combat all forms of forced labour.

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour and penalties. The Committee notes that section 6 of the Labour Code establishes an absolute prohibition of forced or compulsory labour. Section 314 provides that breaches of the provisions of section 6 shall be punished by a fine or imprisonment of from two weeks to six months. Section 132 of the Penal Code also provides that offences against the freedom of work shall be punished by imprisonment of from two weeks to three months and a fine, or only one of these penalties. With reference to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee emphasizes that when the envisaged sanction consists of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to take the necessary measures to ensure that the sanctions provided for by law are really effective and strictly enforced. It also requests the Government to provide information on the judicial procedures initiated and the penalties imposed under section 314 of the Labour Code and section 132 of the Penal Code.

Article 2 of the Protocol. Prevention measures. Clause (c). Labour inspection and other services. The Committee notes the Government’s indication that several training sessions were organized between 2016 and 2018 with the support of the ILO for labour inspectors, magistrates and members of the forces of order on the prevention of forced labour and protection of victims. The Committee requests the Government to continue providing information on the measures taken to strengthen the labour inspection services and other services responsible for ensuring that workers benefit from the rights guaranteed by labour legislation in order to prevent all forms of forced labour.

Clause (e). Due diligence by both the public and private sectors. The Committee notes the Government’s reference to the project to combat child labour and forced labour in value chains in the cotton, textile and apparel sectors between 2018 and 2022, developed with ILO support, and a project to support the development of the cotton sector in the “C-4” countries (Benin, Burkina Faso, Chad and Mali). The Committee requests the Government to continue providing information in this regard, particularly in relation to measures intended to provide support for due diligence by enterprises in the public and private sectors in relation to awareness-raising and the prevention of forced labour practices.

Clause (f). Action to address the root causes of forced labour. The Committee notes the Government’s indication that the Ministry of Employment and Vocational Training, in partnership with the European Union, has launched the “Youth employment generates local opportunities in Mali” project. The objective of the project is to promote economic development and social stability by creating employment opportunities for young persons, women and potential and returning migrant workers through horticulture, waste management, agro-food production and utilitarian crafts. Moreover, the Strategic Framework for economic recovery and sustainable development 2019–2023, which is the reference development framework for Mali, also addresses the root causes of forced labour, and particularly poverty. The Committee further notes the adoption and implementation of the National Policy for the promotion and protection of women and related Plan of Action 2016–2018. The Committee requests the Government to continue providing information on the measures taken and envisaged to address the root causes of forced labour, and particularly to combat poverty and promote access to education and employment. It also requests the Government to indicate whether the Plan of Action for the promotion and protection of women has been renewed.

Article 4(1) of the Protocol. Access to remedies and compensation. The Committee notes the Government’s indication that the Penal Code and the Code of Penal Procedure enable victims of forced labour to bring charges to the competent national courts to obtain compensation for the damages suffered. With regard to compensation, the Government refers to section 27 of the Penal Code, which provides for the possibility of taking into account the civil liability of those committing offences in relation to their victims. Section 4 of the Code of Penal Procedure provides that “civil action for compensation for the damages caused by a crime, offence or violation may be brought by all those who have personally suffered damages caused directly by the offence”. The Government indicates that, in addition to judicial remedies, victims can also apply to the National Human Rights Commission, which can receive any individual or collective complaint relating to the violation of a human right, and the Truth, Justice and Reconciliation Commission (CVJR), where the circumstances are related to the conflict in the North. The Government adds that all judicial and non-judicial remedies are accessible to all victims irrespective of their presence or legal status in the national territory. The Committee notes all of these provisions and recalls that, in view of the vulnerability of the victims of forced labour, it is important to ensure that they have easy and effective access to appropriate and effective remedies and compensation. The Committee requests the Government to provide further information on the measures adopted or envisaged to support victims within the framework of the established procedures and mechanisms, so as to ensure appropriate compensation, taking into account their situation of vulnerability. The Committee requests the Government to indicate whether it is planned to establish legal and judicial assistance, and possibly a compensation mechanism for victims.

Article 6 of the Protocol. Consultation of organizations of employers and workers. The Committee notes the Government’s indication that a participatory and inclusive approach is adopted to the implementation of the measures taken to give effect to the provisions of the Protocol and the Convention. The Committee notes that the implementation report for the Plan of Action 2015–2017 to combat trafficking in persons and similar practices does not refer to cooperation and consultation with organizations of employers and workers. The Committee requests the Government to provide more detailed information on the manner in which employers’ and workers’ organizations are consulted in relation to action to combat all forms of forced labour, particularly in the context of the adoption and implementation of a new national plan of action to combat trafficking in persons and a future strategy to combat slavery.

3. Exception to the definition of slavery.

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory national service. In its previous comments, the Committee noted that, under section 6(2) of the Labour Code, work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development shall not be deemed forced or compulsory labour. It also noted the Government’s intention to re-establish National Youth Service (SNJ) and requested it to provide further information in this regard.

The Committee notes that the Labour Code was revised by Act No. 2017-021 of 12 June 2017. Section 6 provides that the terms “forced or compulsory labour” do not include work of general interest as defined by the legislation on civic obligations. The Committee also notes that the SNJ has been established by Act No. 2016-038 of July 2016 creating the SNJ. The Act provides that the SNJ shall be compulsory for all young persons (section 6) and that its vocation is to contribute to the completion of the education, physical, civic and vocational training of young persons with a view to their effective and full participation in the economic, social and cultural development of the country and their mobilization for the needs of national defence (section 2). However, the Government indicates that, in practice, the SNJ is not compulsory and is essentially limited to its military dimension. The first recruitment in 2017 was based on files following calls for applicants and 600 young persons participated in the service. Noting this information, the Committee recalls that, under the terms of Article2(2)(d) of the Convention, so as not to constitute forced labour, work exacted within the framework of military service must be “work of a purely military character”. As the Act establishes the compulsory nature of the SNJ and work performed in this context is related to both national defence and economic development, the Committee requests the Government to bring the legislation into line with the practice as described and to include in the legislation the necessary guarantees to ensure that either the SNJ is voluntary, or the work exacted within the context of the SNJ is of a “purely military” character. While awaiting the adoption of such measures, the Committee requests the Government to continue providing information on the implementation of the National Youth Service in practice.

The Committee welcomes the ratification by Mali of the Protocol of 2014 to the Forced Labour Convention, 1930. It notes the Government’s report on the Convention and the first report on the Protocol.

Slavery-like practices and hereditary servitude

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Systematic and coordinated action. In its previous comments, the Committee expressed the hope that the Government would be able to report the action taken to examine the issue of the persistence of slavery and to take the necessary measures to bring an end to any practice under which persons considered to be descendants of slaves are forced to perform work without giving their valid consent.

The Committee notes the Government’s indication that the insecurity in the north of the country makes it difficult to take any initiative for the examination of the situation in question. However, action is being taken to examine the issue of the persistence of slavery and the measures necessary to bring it to an end. The Committee notes that, in his 2020 report, the United Nations Independent Expert on the situation of human rights in Mali indicates that he has been informed of several cases involving physical violence, threats and banishment of victims of slavery, including the arbitrary arrest and detention of 16 anti-slavery human rights defenders (A/HRC/43/76, paragraph 29). The Committee also notes that a new project has been initiated to combat slavery and discrimination on the basis of slavery, which was developed by the Government and the ILO and its partners. The Committee notes with concern the persistence of slavery-like practices in the country and the lack of systematic and coordinated action to bring it to an end. The Committee requests the Government to take the necessary measures, including within the framework of the project developed with the ILO, to assess the extent of the phenomenon of slavery and similar practices and to develop a strategy for the implementation of systematic and coordinated action to bring an end to these practices.

Article 25 of the Convention and Article 1(3) of the Protocol. Imposition of penalties. The Committee notes the lack of judicial action and penalties in cases related to slavery. The Committee notes that, under the terms of section 29 of the Penal Code, slavery is defined as a crime against humanity and is punishable by the death penalty. Moreover, section 243 of the Penal Code provides that debt bondage and slavery shall be punishable by a sentence of imprisonment of from six months to two years and a fine of between CFA20,000 and 100,000. The Committee therefore requests the Government to take the necessary measures to ensure that prosecutions are undertaken in cases of slavery, and to provide information in this regard and on the penalties imposed. It also requests the Government to take measures to reinforce awareness-raising activities and training for actors involved in the criminal justice system in relation to the suppression of slavery-like practices.

Articles 2 and 3 of the Protocol. Awareness-raising measures. Identification and protection of victims. The Committee notes the lack of information on measures for the prevention of slavery and for the identification and protection of the victims of slavery. The Committee requests the Government to provide information on the measures adopted to raise awareness of the issue of the persistence of slavery-like practices, and to identify and protect the victims. It also requests the Government to provide information on the number of victims identified, those that have benefited from protection and the nature of the protection provided.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1 and 2 of the Convention. Gender pay gaps. Occupational segregation. The Committee recalls that in its previous comments it requested the Government to provide information on the steps taken to combat the occupational segregation of men and women, including measures to increase women’s presence in occupations or sectors of the economy where men predominate, to encourage the advancement of women to managerial posts and to combat sexist stereotypes regarding women’s occupational aspirations and capabilities. In its report, the Government indicates that there is no legislative provision that discriminates between men and women regarding their inalienable right to work and remuneration. The Committee reminds the Government that the existence of appropriate domestic legislation is a necessary prerequisite, but is not sufficient for the effective application of the principles of the Convention. It is also important that the law be fully and strictly applied in practice. In this regard, the Committee notes that, in its 2019 report to the United Nations Commission on the Status of Women (CSW64, Beijing+25), the Government recognizes that among the obstacles faced by women in terms of growth and development is segregation in the labour market. It indicates that only 28.3 per cent of employed women are wage earners (in kind or cash) compared to 55.7 per cent of men, and that Malian women earn more than their husbands in only 5.2 per cent of households where both spouses are wage earners. It adds that women’s low skills levels or the jobs they perform, the disparities in time spent on market economic activities (as opposed to non-market economic activities, for example domestic work such as carrying water or wood, cooking or subsistence farming), under-employment and precarious jobs mean that women are penalized in several areas vis-à-vis men, particularly in terms of equal pay. Recalling once again that one of the underlying causes of the gender pay gap is occupational segregation, the Committee requests the Government to provide information on the specific steps taken to combat occupational gender segregation in order to promote an occupational gender balance, such as the periodic launching of awareness-raising campaigns against sexist stereotypes of women’s occupational capabilities and aspirations; guidance (and support) for girls, at school, university and in career levels, regarding sectors with high earnings potential; women’s progression towards leadership posts; and the revaluation of jobs held predominantly by women.

Article 2. Equal remuneration for work of equal value. Collective agreements. Legislation. In its previous comment, the Committee requested the Government to amend section L.79 of the Labour Code, which determines the compulsory content of collective agreements (and refers to the narrower concept of “equal work”) in order to incorporate the concept of “work of equal value”, introduced by the new section L.95 in 2017. The Committee also requested the Government to take steps to ensure, in collaboration with the social partners, that the provisions of collective agreements also refer to the principle of equal remuneration for men and women for work of equal “value” enshrined in the Convention. The Government indicates to the Committee that this matter will be examined at the next review of the Labour Code. The Committee requests the Government to provide information on any developments in this regard. In the meantime, in order to avoid conflicts between recently concluded collective agreements and the new section L.95 of the Labour Code, the Committee requests the Government to take steps, in collaboration with the social partners, to ensure that these collective agreements refer to the principle of equal remuneration between men and women for work of equal “value”. It also requests it to provide a copy of the provisions concerning equal pay between men and women included in collective agreements concluded after 2017.

Article 3. Objective job evaluation. The Committee recalls that, further to the harmonization of section L.95 of the Labour Code with the Convention (Act No. 2017-021 of 12 June 2017, amending Act No. 92-020 of 23 September 1992), it requested the Government to: (i) adopt measures to promote awareness among workers, employers and their respective organizations, labour inspectors and judges of the application of the principle of equal pay for men and women for work of equal “value”; (ii) promote the development and use of objective job evaluation methods which are free of any gender bias in collaboration with workers’ and employers’ organizations; and (iii) provide information on all progress made and any difficulties encountered in this regard. The Government indicates that activities to publicize and raise awareness of the principle of the Convention are planned for the near future – dependent on finances – and also that it has taken due note of the Committee’s request regarding the need to develop and apply objective job evaluation methods in collaboration with the social partners. Recalling that the concept of “work of equal value” is the cornerstone of the Convention and that it requires the adoption of a method of measuring and comparing the relative value of different jobs, the Committee requests the Government to provide information on the progress achieved and the difficulties met in developing and applying an objective job evaluation method which is free of any gender bias in collaboration with the social partners. It also requests the Government to provide information on any activity carried out to raise awareness of the principle of equal pay between men and women for work of equal “value”, enshrined in the new section L.95 of the Labour Code.

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that, in its 2019 report on the follow-up to the implementation of the Beijing Declaration and Platform for Action 1995 (henceforth Beijing+25) to the United Nations Commission on the Status of Women (CSW), the Government states that although there is no recent comprehensive study on gender-based violence in Mali, the State recognizes this country-wide phenomenon. Hence, in 2018, the Government implemented a national programme to combat gender-based violence to address the new institutional and operational challenges relating to the issues of various forms of violence affecting women, a situation which has been aggravated by the political and security situation ongoing since 2012. In addition, the Committee notes that the Government has recognized violence in schools as a factor in girls’ drop-out and failure rates at school. The Committee recalls that the labour legislation still does not include a provision prohibiting sexual harassment in the workplace, despite its previous comments on the matter. It is bound to recall that sexual harassment compromises the integrity and well-being of workers and constitutes a serious form of discrimination based on sex, which violates human rights and must be addressed within the framework of the Convention. Article 1(1) of the Convention prohibits discrimination in employment and occupation based on, inter alia, sex. Given the gravity and serious repercussions of sexual harassment in the working environment, the Committee refers the Government to its general observation of 2002 on sexual harassment, in which it highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work (see the General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to take measures to include provisions in the Labour Code that clearly define and explicitly prohibit sexual harassment, both quid pro quo and hostile environment harassment in employment and occupation. In the meantime, it also requests it to: (i) adopt preventive measures, including initiatives to raise awareness among workers, employers and their respective organizations, as well as law enforcement agents and the general public of sexual harassment in employment and occupation and of the social stigmatization associated with this issue, by specifying the available procedures and remedies; (ii) provide information on the number of complaints of sexual harassment or cases of sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, courts or other competent authority, the nature of the cases and their outcomes; and (iii) provide statistical information on the number of cases of sexual harassment committed against girls and women within education, and in employment and occupation.

Articles 1 and 5. Special protection measures. Restrictions on women’s employment. In its previous comment, the Committee requested the Government to take the necessary measures to undertake a review and a periodic revision of the list of types of work prohibited for women in general, as well as the list of types of work they can perform under certain conditions, pursuant to section L.189 of the Labour Code, in order to ensure that the protective measures for women are not discriminatory and do not go beyond the strict framework of maternity protection. The Government indicates in its report that Decree No. 96-178/P-RM of 13 June 1996, establishing the terms and application of certain provisions of the Labour Code - in this case section L.189 – is still under review. The Committee is bound to recall that maternity protection should enable women to fulfil their maternal role without being marginalized in the labour market. It emphasizes that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. More generally, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey, paragraphs 838–840). Recalling once again that women should have the right to freely exercise any job or occupation and noting that section L.189 of the Labour Code is still being revised, the Committee requests the Government to keep it informed of any developments in this regard and, in the meantime, of specific measures taken to revise the list of types of work prohibited for women and that of types of work they may perform under certain conditions, in the light of the principle of gender equality and of maternity protection in the strict sense.

With regard to the part of the Labour Code entitled “Women’s and children’s labour” (Title 4, Chapter 2, section L.178 to L.189), the Committee notes that the Government will examine the possibility, in a forthcoming revision of the Labour Code, of separating the provisions on maternity protection from those on child labour in order not to perpetuate stereotypes regarding the status of women in society, and in employment and occupation, and to prevent women and children from being placed on an equal footing.

Article 2. National policy on equality of opportunity and treatment in employment and occupation. National gender policy. The Committee recalls that, in its previous comment, it requested the Government to provide detailed information on the effective establishment of the entities responsible for implementing the national gender policy (PNG-Mali), that is, a higher council, a permanent secretariat for monitoring implementation, sectoral committees for institutionalization and regional committees for monitoring gender issues; and on their specific activities for promoting equal opportunities for men and women in employment and education. With respect to the implementation of the PNG-Mali, the Government indicates that, given the political and security situation in the country and the withdrawal of technical and financial partners, the 2011–2013 action plan of PNG-Mali could not be carried out and was extended to 2016–2018. The evaluation of this action plan revealed weaknesses at the institutional and programmatic levels owing to a lack of adequate funding, but also made it possible to identify the existence of positive actions that take gender into account in service delivery and interventions. The Committee also notes that in its above-mentioned 2019 Beijing+25 report, the Government informed the CSW that the institutional bodies for coordinating and monitoring the implementation of the PNG-Mali are still not operational. In the light of the foregoing, the Committee hopes that the Government will take the necessary measures to ensure that the institutional mechanisms for the guidance, advancement and monitoring of the implementation of the PNG-Mali benefit from the necessary human and financial resources to fulfil their mission to promote equality of opportunity and treatment for men and women in access to occupational training, education, employment and particular occupations, as well as terms and conditions of employment. It requests the Government to keep it informed of all developments in this regard.

Articles 2 and 5. Promotion of equality of opportunity and treatment for men and women. Affirmative action for women. In its previous comment, the Committee requested the Government to provide information on the application of Act No. 2015-52 of 18 December 2015 instituting measures to promote gender in access to appointed and elected positions (a minimum of 30 per cent of either sex) and on its results in terms of the participation of women in appointed State positions. The Government indicates that, despite the adoption of the decree setting forth the terms of Act No. 052 of 18 December 2015, the implementation of that Act does not effectively address women’s participation in nominative and elective positions. With regard to women’s access to employment and particular occupations, including leadership positions, the Government merely states that the protection of women’s rights and their place in society is not subject to discrimination, since legislative and regulatory provisions are in place to that end. It states that women continue to have access to jobs in sectors traditionally reserved for men, such as the army, the Republican Guard, the gendarmerie and the police, although they are still under-represented in certain positions, such as diplomatic functions. The Committee notes that the Ministry for the Advancement of Women, Children and the Family launched an online platform on 8 March 2017, entitled the Programme for the recognition of women’s skills (PRECOFEM), which aims to identify, mobilize and value women’s skills, with a view to making tools available to public, private and political decision-makers to assist them in decision-making regarding nominations for appointed and elected positions. The platform publishes job offers for women in Mali and enables recruiters to post recruitment notices. Each month, it presents a woman by showing her career path and her professional commitment. It is also a tool for the recognition of enterprises and structures that have promoted women in particular. In this regard, the Committee notes the following statistical information provided by the Government: (1) in 2017, women accounted for 25 per cent of appointments (203 women out of a total of 785 appointments); and (2) as at May 2019, the Government comprised 11 women ministers out of 38 ministers, that is 34 per cent. The Committee notes that the Government has prepared a new ten-year development plan for the empowerment of women, children and the family (PDDAFEF 2020–2029) under which it has set up a new support programme for women’s empowerment in the development of the shea butter industry. With regard to rural women, it notes the adoption of Act No. 2017-001 of 11 April 2017 on land rights, which gives women’s and youth groups and associations located in the area concerned the opportunity to obtain at least 15 percent of the land developments of the State or territorial authorities (section 13), since in practice only 5 per cent of women are landowners; the Committee notes, however, that the implementing decree has not yet been adopted. To this end, it recalls that the Decent Work Country Programme (DWCP) for Mali notes that gender inequalities in agriculture have a significant negative impact on the living conditions of rural populations, particularly women, who work mainly in the informal economy, occupy unskilled and low-paid jobs, and are excluded from social protection. The Committee notes the information provided by the Government in its Beijing+25 report that women represent around 52 per cent of the rural population and 75 per cent of the agricultural labour force; that they contribute about 80 per cent of food production; and that they could contribute much more in terms of growth and development if they were not confronted with so many obstacles to empowerment in the labour market. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged: (i) within the framework of the new ten-year development plan for the empowerment of women, children and the family (PDDAFEF 2020–2029); (ii) to improve access for women to employment and to particular occupations (particularly leadership positions); and (iii) within the framework of the new support programme for women’s empowerment in the development of the shea butter industry for rural women. In addition, the Committee requests the Government to keep it informed of the adoption of the implementing decree of Act No. 2017-001 of 11 April 2017 on land rights and to forward a copy as soon as it is enacted.

Access for girls and women to education and vocational training. In its previous request, the Committee requested the Government to take steps to improve the enrolment and retention of girls in school and to remove the obstacles that they face in this respect, particularly in the communities. It also requested the Government to introduce measures to encourage the access of girls to training, including in occupations traditionally pursued by boys, and to improve the literacy levels of women, particularly in rural areas. In this respect, the Government mentions several measures taken, in particular the incorporation of a module on gender equality into the initial student-teacher training programme and the opening of new general and technical schools and colleges. It also informs the Committee of the launch of the ten-year development programme for education and second-generation vocational training (PRODEC II), 2019–2028. The Committee notes that PRODEC II aims to, inter alia: (1) provide young persons who are not at school or have dropped out of school, and illiterate adults, with alternative forms of learning; (2) increase capacity from 78,845 to 100,000 places for learners in literacy centres as of 2020; (3) introduce incentives for girls in scientific subjects; (4) establish scholarships based on girls’ performance and parental income; and (5) implement a national policy for girls’ schooling (SCOFI), undertaken at the central level by the national directorate for basic education. The Committee requests the Government to provide information on the impact of the PRODEC II on the enrolment and retention of girls in school, women’s literacy levels and the number of girls enrolled in scientific subjects or other subjects traditionally pursued by boys. The Committee also requests the Government to provide further information concerning the implementation of the SCOFI, including the results achieved in this regard.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. National Human Rights Committee (CNDH). The Committee recalls that one of the tasks of the CNDH is to ensure observance of the rights of vulnerable persons or groups, including women, senior citizens and persons living with HIV/AIDS (section 4 of the Act of 2016). As the Government has not replied to its previous question concerning the CNDH, the Committee reiterates its request to the Government to indicate whether this body, which is responsible for human rights and equality issues, is authorized to receive and deal with complaints of discrimination based on the grounds covered by the Convention and set out in the Labour Code. It also requests the Government to provide information on any awareness-raising measures taken by the CNDH to combat discrimination and promote equality in employment and occupation.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. In this context, the Committee welcomes the Government’s first report on the application of the Convention, received on 30 August 2018, and supplemented by a second report, received on 26 August 2019.

COVID-19 pandemic. Socio-economic impact. Intervention and recovery measures. The Committee notes the serious social and economic impact of the COVID-19 pandemic at the national and global levels. According to the ILO Monitor on national policy responses to the COVID-19 pandemic, on 17 March 2020 the President of the Republic of Mali announced a budget of 6.3 billion CFA francs to combat the pandemic. In addition, a plan of action to prevent and respond to COVID-19 has been drawn up by the Government, with a budget of 3,372,417,000 CFA francs. The Committee notes that the principal prevention measures taken in Mali to combat the spread of COVID-19 in the workplace include the application of the Labour Code especially to avoid dismissals and the adaptation of the Labour Code to the current economic conditions affecting certain sectors and enterprises. In this context, the Committee recalls the detailed guidance provided by international labour standards and would like to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for formulating and implementing effective, consensual and inclusive responses to the profound socio-economic impact of the pandemic. The Committee requests the Government to provide up-to-date information in its next report on the impact of the COVID-19 global pandemic on the implementation of measures taken or contemplated to achieve the objectives of the Convention.

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy within the framework of a coordinated economic and social policy. Coordination of employment policy with a social and economic policy aimed at poverty reduction. The Government indicates in its first report that it adopted two national employment policies (the first in July 1998 and the second in March 2015). It adds that the authorities that are responsible for the implementation of employment policies, plans and programmes are the sectoral ministries, together with the Ministry of Employment and Vocational Training. These authorities draw up a plan of action setting out initiatives which are to be implemented by various ministerial departments. The Committee notes the “2018 voluntary national report on the implementation of the sustainable development objectives” of the High-Level Sustainable Development Policy Forum (“2018 voluntary national report”), which indicates that the general objective of the 2015 national employment policy (PNE 2015) is to contribute to the growth of decent employment opportunities. The Committee notes that a draft “Decent Work Country Programme for 2016–18” (DWCP 2016–18) was drawn up in conjunction with the ILO. According to the DWCP 2016–18, the PNE 2015 aims to promote full, productive and freely chosen employment and also poverty reduction. The Committee notes the “Growth and poverty reduction strategy framework: Priority plans of action for 2012–17” (GPRSF 2012–17), published in 2011, whose first priority is the promotion of accelerated growth which is sustainable and favourable to the poor, and creates jobs and income-generating activities. The Committee also notes the “Strategic framework for economic recovery and sustainable development” (CREDD 2016–18), which highlights employment as a prime driver of the poverty reduction strategy. While recognizing that Mali is undergoing a period of instability in the wake of the coup d’état of 18 August 2020, the Committee requests the Government to provide information on the nature and impact of specific measures adopted and implemented in the context of the 2015 national employment policy (PNE 2015) and the plan of action for employment, the draft “Decent Work Country Programme for 2016–18” (DWCP 2016–18), the “Growth and poverty reduction strategy framework: Priority plans of action for 2012–17” (GPRSF 2012–17) and the “Strategic framework for economic recovery and sustainable development in Mali” (CREDD 2016–18), in terms of the promotion of full, productive and freely chosen employment. The Committee also requests the Government to provide detailed information, including statistical data disaggregated by sex and age, on the results achieved and the difficulties encountered in attaining the employment objectives of the national employment policy. The Committee further requests the Government to provide information on any new programmes adopted or envisaged in relation to employment policy and to indicate the manner in which employment policy measures are regularly reviewed, as part of a coordinated overall economic and social policy.

Article 2. Employment trends. Collection and use of employment data. The Government indicates in its report that the National Employment and Training Observatory (ONEF), established by Ordinance No. 2013-024/P-RM of 30 December 2013, is responsible for the collection of statistical data on employment, for the organization of modular household surveys on an annual basis and for the organization of regular monitoring of initiatives established in the plan of action. However, the Committee notes the indication in the DWCP 2016–18 that there is a lack of labour statistics, and particularly of reliable data. Underlining the importance of a labour market data collection system for determining measures to be adopted to attain the objectives of the Convention and to review those measures regularly, the Committee requests the Government to indicate the measures taken or contemplated to improve the labour market information system and to indicate in particular the manner in which collected data are used to formulate, implement and review employment policy measures. In this context, the Committee requests the Government to provide up-to-date information illustrating the situation and trends of the active population, employment, unemployment and underemployment, disaggregated by age and sex.

Education and vocational training policies and programmes. Coordination with employment policy. The Committee notes that the general objective of the national vocational training policy adopted on 29 July 2009 is to develop human resources for productivity and competitiveness. The Committee notes that implementation of the national vocational training policy occurs through the “10-year programme for the development of vocational training for employment” (PRODEFPE), drawn up to support the active employment policy, and its first action plan was adopted in 2014 for the 2015–17 period. This involves a programme supporting the active employment policy which is based on skills development for economic growth and increased competitiveness of human capital. The Committee also notes that the CREDD gives priority to skills development for the people of Mali and aims to improve education at all levels and literacy, and also job creation by directing vocational training towards productive sectors. The Committee further notes that a legislative and regulatory framework was established through the promulgation of Act No. 2016-026 of 14 June 2016 concerning vocational training. The Committee requests the Government to provide up-to-date information on the measures taken in the context of the “10-year programme for the development of vocational training for employment” (PRODEFPE) and to indicate the results achieved. It also invites the Government to provide specific information on the measures taken or envisaged to ensure that the Malian labour force is equipped with skills that meet the current needs of the labour market. The Committee requests the Government to indicate the manner in which education and vocational training policies are coordinated with national employment policy and employment prospects.

Regional development. The Committee recalls that the northern regions of the country have been seriously disrupted by the armed conflict since 2012. The Government has drawn up and implemented an “Accelerated development programme for the northern regions” (PDA/RN), whose overall objective is to “consolidate peace and security through the socio-economic development of the regions affected by the crisis”. The Committee notes the “Specific development strategy for the northern regions of Mali”, which covers three phases provided for by the Accord for Peace and Reconciliation in Mali: (i) 2015–17: urgent measures and rapid recovery; (ii) 2017–22: the medium term, corresponding to economic structuring and institutional reforms; and (iii) 2022–30: the long term, aimed at the national convergence of regional development and the future economic emergence of Mali. The Committee requests the Government to include information in it next report on the measures taken to rectify regional imbalances and promote the raising of employment levels in the northern regions of the country.

Promotion of rural employment. The Committee notes that the DWCP indicates that the population of Mali is largely rural and that agriculture constitutes one of the main drivers of the Malian economy. The Committee notes that programmes are being formulated in the rural development and rural employment sectors (FIER) and also in skills development and youth employment (PROCEJ). The Committee requests the Government to provide up-to-date, detailed information illustrating the measures taken or contemplated to promote the creation of productive jobs in rural areas, including through the promotion of entrepreneurship.

Informal sector. The Committee notes that the informal sector occupies an important position in the economy of Mali. According to statistical data from ILOSTAT, in 2018 the proportion of informal employment was 93.4 per cent (90.9 per cent for men and 96.6 per cent for women). The Committee also notes that, according to the DWCP, informal jobs represent 92.9 per cent of employment in rural areas compared with 68.39 per cent of employment in urban areas. Noting that a very large proportion of the labour force in Mali is employed in the informal economy, the Committee requests the Government to provide detailed information on the programmes and measures implemented to facilitate workers’ transition from the informal to the formal economy, particularly in rural areas.

Small and medium-sized enterprises. The Committee requests the Government to provide detailed information on the initiatives taken or envisaged to support micro, small and medium-sized enterprises and to promote the creation of sustainable jobs through micro and small enterprises.

Women’s employment. In its “2018 voluntary national report”, the Government indicates that it seeks to create sustainable jobs, particularly for women and young persons in all sectors of activity. The Committee refers to its direct request of 2018 relating to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted that, according to the DWCP 2016–18, “decent work indicators show numerous inequalities between men and women in the world of work, including unemployment rates (11.4 per cent for women compared with 6.4 per cent for men) and underemployment rates related to hours of work (28.7 per cent for men compared with 37.1 per cent for women).” Moreover, the Committee notes that the rate of economic participation of men is considerably higher than that of women. According to the ILOSTAT database, the labour force participation rate was 77.4 per cent for men and 51.6 per cent for women in 2018. The Committee notes that section 2 of Ordinance No. 01-016/P-RM of 27 February 2001 provides that the National Employment Agency (ANPE) is responsible for designing and implementing mechanisms and actions aimed at ensuring the promotion of employment, especially women’s employment. The Committee requests the Government to supply up-to-date information on the nature and impact of the measures taken to promote decent work and sustainable employment for women.

Youth employment. The Government considers that access to employment is of key importance for young people and the promotion of decent employment for them is considered a priority in several documents such as the CREDD and the DWCP 2016–18. In this regard, the Government refers to a specialist structure, the Youth Employment Promotion Agency (APEJ), established by Act No. 03-031 of 25 August 2003. The prime mission of the APEJ is to assist with promoting employment for Malian men and women between 15 and 40 years of age, in rural and urban settings, residents or expatriates, facilitating their access to the labour market and to credit. The Committee also notes Act No. 2016-038 of 7 July 2016 instituting national service for young persons and Act No. 2017-0241 of 13 March 2017 establishing structures and procedures for the functioning of the youth national service department. According to the ILOSTAT database, the overall youth participation rate was 47.9 per cent in 2018, this rate being respectively 56.8 per cent for young men and 40.2 per cent for young women. The Committee requests the Government to provide detailed information in its next report on the measures taken to facilitate the integration of young persons in the labour market and the results achieved.

Particular categories of workers in vulnerable situations. The Committee refers to its direct request of 2020 on the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), in which it notes the adoption of Act 2018-027 of 12 June 2018 concerning the rights of persons with disabilities, aimed at promoting and protecting these rights. It notes with interest that sections 15–19 of that Act are devoted to vocational training and employment for persons with disabilities and that its implementing decree is being drawn up with the participation of persons with disabilities themselves. It also notes the “Strategic plan for the protection of persons with disabilities for the 2015–24 period”, which, however, has experienced significant delays in the mobilization of resources. The Committee requests the Government to provide detailed information, including on the impact of these measures on the integration of workers with disabilities in the labour market. The Committee also requests the Government to supply further information on the measures taken to facilitate the integration in the labour market of other specific categories of workers in vulnerable situations, such as persons living with HIV.

Article 3. Participation of the social partners in the formulation and implementation of policies. The Government indicates that the representatives of employers and workers are consulted regarding the formulation or evaluation of policy through working meetings where necessary, but there are no formal consultation procedures. The Committee notes that the social partners were consulted at the time of validation of the framework document for the PNE 2015 and the DWCP 2016–18. It also notes that the DWCP 2016–18 gives priority to strengthening social dialogue and its role in contributing to decent work. The Committee requests the Government to describe in specific detail the manner in which the Government ensures that representatives of the stakeholders concerned are consulted on the formulation, implementation and review of employment policies, regarding both consultations with the social partners and consultations with representatives of other sectors of the active population. It also requests the Government to indicate whether steps have been taken to establish formal consultation procedures and to provide information on the role played by the social partners in the formulation and implementation of employment policy measures adopted to address the socio-economic impact of the COVID-19 pandemic.

The Committee notes the Government’s first report.

Article 1(2) of the Convention. Exclusions. The Committee notes the indication in the Government’s report that the protective measures provided for in the Convention apply to all branches of economic activity, with the exception of magistrates, civil servants and the armed forces, which are also excluded from the scope of application of Act No. 92-020 of September 23 of 1992, issuing the Labour Code, as amended (Labour Code). The Committee requests the Government to indicate the manner in which the representative employers’ and workers’ organizations concerned were consulted with regard to the exclusions.

Articles 4, 7 and 8. National occupational safety and health (OSH) policy in consultation with the most representative organizations of employers and workers. The Committee notes that, according to the Government, the national OSH policy is currently being formulated and a steering committee has been set up for that purpose, composed of representatives of employers’ and workers’ organizations, and sectoral ministerial departments. The Government also indicates that an assessment of specific sectors, aimed at identifying problems and effective ways of resolving them, would be taken into account in the new national OSH policy. The Committee requests the Government to indicate the progress made towards the formulation of the national OSH policy, including the consultations that have been held in the steering committee, and to provide a copy of the national OSH policy, once it has been adopted. It also requests the Government to provide further information on the measures taken or envisaged to ensure that the national OSH policy is periodically reviewed, as well as on other measures taken to review the OSH situation at appropriate intervals.

Articles 5(c) and 19(d). Training of workers and their representatives. The Committee notes the duties of the health and safety committees at enterprise level, as set out in section D.282-6 of Decree No. 96-178/P-RM of June 13, 1996 implementing various provisions of the Labour Code (Decree No. 96-178). Section D.282-6 provides, in particular, that it is incumbent on the health and safety committees to: (i) organize the training of the teams in charge of the fire and rescue services, and ensure compliance with the instructions of these services; and (ii) undertake to develop by all effective means the notions of safety, hygiene and health. The Committee also notes that section 56 of the Social Security Code (SSC) stipulates that in each workshop where hazardous work is performed, a member of staff receives the mandatory training necessary to provide first aid in case of emergency. The Committee requests the Government to provide further information on the manner in which the national OSH policy will take into account the training, skills and motivation of the persons involved to ensure that adequate levels of health and safety are achieved. It also requests the Government to provide information on the training of workers, staff representatives and members of the health and safety committee, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that under section 282-2 of Decree No. 96-178, the members of the health and safety committees benefit from the legal protection provided for under section L.277 of the Labour Code for staff representatives, which requires the authorization of the labour inspector in the event of dismissal. Recalling that Article 5(e) concerns the protection of all workers and their representatives, and that this protection concerns not only dismissals but all disciplinary measures as a result of actions taken by them legitimately and in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken or envisaged to protect workers and their representatives, in accordance with Article 5(e).

Articles 6 and 19(a). Functions and responsibilities of workers. The Committee notes that sections L.62 and L.64 of the Labour Code set out the obligation for every industrial, commercial and agricultural enterprise with at least ten employees to establish rules of procedure that specifically include provisions on safety and health. The Committee requests the Government to provide further information on the manner in which the national OSH policy will specify the responsibilities of workers with respect to OSH and the working environment. The Committee also requests the Government to indicate the measures taken to guarantee the cooperation of workers, in the course of performing their work, in the fulfilment by their employer of the obligations placed upon him or her, in accordance with Article 19(a).

Article 9. Adequate and appropriate system of inspection. The Committee notes that under section 230 of the SSC, violations of the provisions therein are reported by labour inspectors, who may delegate these powers to inspectors of the National Social Security Institute, who are duly sworn and bound by professional secrecy. The Committee requests the Government to provide further information on the role of the National Social Security Institute as it relates to OSH inspections. With regard to labour inspections, the Committee refers the Government to the comments it formulated and adopted in 2019 on the Labour Inspection Convention, 1947 (No. 81).

Article 11(b) and (f). Determination of work processes and of substances and agents which are prohibited, limited or made subject to authorization or control by the competent authority. Examination of chemical, physical and biological agents. The Committee notes that sections D.170-1 to D.170-47 of Decree No. 96-178 set out prohibitions or limitations concerning certain work processes. The Committee requests the Government to indicate the measures taken to ensure the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities (Article 11(b)); and to introduce or extend systems to examine chemical, physical and biological agents in respect of the risk to the health of workers (Article 11(f)).

Article 12(a), (b) and (c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes section D. 170-47 of Decree No. 96-178 concerning the obligation to recognize the effectiveness of protection devices and mechanisms. It nevertheless notes an absence of information concerning the obligations of persons as set out under Article 12 of the Convention. The Committee requests the Government to indicate the measures adopted to define the obligations of persons who manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set forth in Article 12(a) (ensure the absence of danger of machinery, equipment or substances), (b) (information and instructions) and (c) (studies and research).

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes that section 50 of the SSC, to which the Government refers, covers medical examinations of workers who report in sick, and does not address the protection of workers who have removed themselves from a work situation that they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee therefore requests the Government to indicate the measures taken to give effect to Article 13. It also requests the Government to indicate the manner in which it is ensured that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, until remedial action has been taken, as set forth in Article 19(f).

Article 15. Necessary coordination between various authorities and bodies. Central body. The Committee notes the Government’s indication that, with a view to formulating the national OSH policy, the establishment of a national central body for the coordination of prevention activities is planned. The Committee requests the Government to provide information on the progress achieved towards the establishment of this central coordinating body and, where possible, on its duties and functions.

Article 16(2) and (3). Employers’ responsibilities. The Committee notes that, according to section D.170-4 of Decree No. 96-178, in exceptional cases where the relevant labour inspector has recognized that the implementation of protective measures to clear out irritating or toxic dust, vapours or gases is impossible, appropriate masks and protective equipment shall be made available to the workers, and shall be maintained and disinfected before being assigned to another user. In the construction sector, individual protective equipment and appropriate protective products must be used in cases where collective means of protection cannot be adequately implemented, in accordance with section 12 of Decree No. 07-375/P-RM of September 26 of 2007, establishing the terms of application of the Labour Code provisions regarding special health and protection measures applicable to undertakings whose personnel is involved in building, public construction sites and other works concerning building structures. The Committee requests the Government to indicate the measures taken to ensure, in accordance with Article 16(2), that employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken. It also requests the Government to provide further information on the measures taken to ensure that employers are required to provide, where necessary and in sectors other than construction, adequate protective clothing and protective equipment to prevent risk of accidents or of adverse effects on health, in accordance with Article 16(3).

Article 17. Collaboration among two or more undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of this Convention.

Articles 19(b), (c) and (e) and 20. Cooperation of workers and their representatives with the employer. The Committee notes that cooperation between the workers’ representatives and the employer, as well as the possibility for workers and their representatives to examine aspects of OSH in the enterprise, are given effect through the health and safety committees, provided for under sections L.280 to L.282 of the Labour Code and sections D.282-1 to D.282-9 of Decree No. 96-178. The Committee requests the Government to provide information on the application in practice of Articles 19(b), (c) and (e) and 20 of the Convention.

Article 21. Occupational safety and health measures without any expenditure for the workers. The Government indicates that employers are responsible for workers’ safety and health, and that the employer has the obligation to make available to workers, free of charge, means of preventing risks and harm at work. The Government also indicates that the compulsory medical examinations and any additional examinations, as provided for in the SSC, are free of charge for workers. The Committee requests the Government to provide further information on the legislative provisions guaranteeing that OSH measures do not entail any expenditure for the workers.

Protocol of 2002

Articles 2(a) and 3 of the Protocol. Procedures for recording. The Committee notes that section 71 of the SSC provides for the obligation to establish four copies of the notifications of industrial accidents and occupational diseases, the last of which is kept in the employer’s files and may be presented upon request. Section D.282-7 of Decree No. 96-178 also stipulates that the health and safety committees are required to complete an information form in the event of any serious accident which has resulted in death or permanent disability, or which has revealed the existence of a serious danger, even where the consequences were avoided. This provision also stipulates that a copy of this form must be kept by the enterprise. The Committee requests the Government to provide information on the periodic review of the above-mentioned procedures for recording occupational accidents and occupational diseases, and on the consultations held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures. The Committee also requests the Government to take the measures necessary to ensure that the elements set out under Article 3(a)(ii), (iii), (iv), (c) and (d) are included in the procedures for recording.

Articles 2(b) and 4. Procedures for notification. The Committee notes that the notification of industrial accidents, including commuting accidents, and occupational disease is provided for in section L.176 of the Labour Code, section D.282-7 of Decree No. 96-178, and section 71 of the SSC. It further notes that, under section 140 of the SSC, any employer who uses occupational processes that may cause an occupational disease is required, under penalty of a fine, to submit a notification before the start of the works by registered post to the labour inspectorate and the National Social Security Institute. The Committee requests the Government to take the necessary measures to ensure that the above-mentioned procedures for notification include the elements set out under Article 4(a)(ii) of the Protocol. The Committee also requests the Government to provide information on the consultations held with the most representative organizations of employers and workers on the establishment and periodic review of these procedures.

Article 6. Annual publication of statistics. The Committee notes the statistics on occupational accidents provided by the Government but observes that the statistics on occupational diseases were not communicated. The Committee requests the Government to indicate how it ensures that statistics are published annually, compiled in such a way as to be representative of the whole country, concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1, 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the information in the Government’s report on the application of the Convention for the period up to 1 September 2019. The Committee notes that a strategic plan for the protection of persons with disabilities was adopted by the Council of Ministers in 2014. The Government indicates that the Strategic Plan covers the period 2015–2024 but that it is lagging far behind in the mobilization of resources. However, the Committee notes with interest that Act No. 2018-027 of 12 June 2018 on the rights of persons living with disabilities was adopted to promote and protect the rights of persons living with disabilities. Sections 15 to 19 are dedicated to vocational training and employment of persons with disabilities. With regard to employment, it is envisaged in particular that graduates living with disabilities will benefit from specific measures to promote their recruitment in the public and private sectors. The Government indicates that the implementing decree is currently being drafted with the participation of persons with disabilities. The Committee requests the Government to continue to provide information on the implementation and periodic revision of the national policy on vocational rehabilitation and employment of persons with disabilities, including on the impact of the Strategic Plan for the Protection of Persons with Disabilities (2015–2024). The Committee requests the Government to include information on the measures adopted under the Strategic Plan and the impact that they have had on the labour market integration of workers with disabilities, including mental disabilities. The Committee also requests the Government to include information on the implementation of Act No. 2018-027 of 12 June 2018 on the rights of persons living with disabilities, as well as its impact on the labour market integration of workers with disabilities.

Article 4. Equality of opportunity and treatment. The Committee notes that, in accordance with section 19 of Act No. 2018-027, public bodies and private enterprises reserve a quota of jobs for active people living with disabilities, under conditions governed by regulations. The Government indicates that a political decision was taken to grant 5 per cent of job vacancies in the state public service to persons living with disabilities, and an implementing decree is currently being drafted in this regard. The Committee notes that the module on inclusive education is not yet included in the training manual for trainees in teacher training institutes in Mali. The Committee requests the Government to continue to provide information on the practical measures taken or envisaged to ensure equality of opportunity between workers with disabilities and workers in general, as well as between men and women workers with disabilities. The Committee further requests the Government to provide updated and detailed information, including statistics disaggregated by sex, age and economic sector, on the impact of the measures relating to persons living with disabilities on their employment.

Article 5. Consultation with the social partners. In its previous comments, the Commission noted that the Malian Federation of Associations of Persons with Disabilities (FEMAPH) had participated in various initiatives, such as the 2009 and 2010 workshops to monitor the implementation of the recommendations made during the 2007 national workshop on the employment of persons with disabilities. The Government indicates, however, that the monitoring of the implementation of the recommendations made during the 2007 national workshop on the employment of persons with disabilities remains tentative. The Committee recalls that consultations with employers’ and workers’ representative organizations take place through the Higher Labour Council. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to provide information on any developments with regard to the status of the recommendations made during the 2007 national workshop on the employment of persons with disabilities. It once again requests the Government to provide information on the activities of the Higher Labour Council in the field of the vocational rehabilitation of persons with disabilities.

Article 7. Services accessible to persons with disabilities. The Committee refers to its direct request adopted in 2019 concerning the application of the Employment Service Convention, 1948 (No. 88), in which it noted that section 2 of Order No. 01-016/P-RM of 27 February 2001 provides that the National Employment Agency (ANPE) is responsible for supporting the implementation of vocational training, skills training, retraining and placement activities and for the design and implementation of mechanisms and actions to promote employment, including the employment of persons with disabilities. It also refers to its direct request adopted in 2019 concerning the application of the Private Employment Agencies Convention, 1997 (No. 181), in which it notes that the National Council of Private Employment and Temporary Work Agencies in Mali (CONABEM) collaborated with the FEMAPH in 2015 and 2016 on the labour market integration of persons with disabilities in Mali. The Committee requests the Government to describe the programmes established by the services designed to enable persons with disabilities to secure and retain a job and advance professionally. The Committee invites the Government to describe any other measures adopted or envisaged with a view to providing and evaluating vocational guidance services and vocational training for all persons with disabilities of any kind.

Article 8. Accessible services in rural areas and remote communities. The Committee notes the Government’s intention to implement an information campaign on the provisions relating to the rights of persons with disabilities. The Committee requests the Government to provide updated and detailed information on vocational rehabilitation and employment services, including the training and professional guidance available to persons with disabilities in rural areas and remote communities, as well as detailed information disaggregated by sex, age and region, on the impact of these services.

Article 9. Suitably qualified staff. The Government indicates that it envisages organizing training workshops in the near future for the various stakeholders on the inclusion of persons with disabilities. The Committee once again requests the Government to indicate in its next report the measures taken or envisaged to ensure the availability of suitably qualified vocational rehabilitation staff, as provided for in Article 9 of the Convention.

Part V of the report form. The Committee requests the Government to provide in its next report updated information on the application of the Convention in practice: results of programmes implemented under the national policy on vocational rehabilitation and employment of persons with disabilities, statistics, extracts from reports or surveys.

Against the backdrop of the COVID-19 global pandemic, the Committee recalls the detailed guidance provided by international labour standards. In this context, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance on the development and implementation of measures to respond effectively to the profound socio-economic impacts of the pandemic in fields such as education, vocational training and retraining and employment. In particular, Paragraph 7(h) of Recommendation No. 205 provides that in taking measures on employment and decent work in response to crisis situations, Members should take into account the need to pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID 19 pandemic on the application of the Convention.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together. The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), received in 2017, on the application of these Conventions.

Legislative developments. Further to its previous comments, the Committee notes the adoption of Act No. 2017-021 of 12 June 2017 (a copy of which is attached to the Government’s report) amending several provisions of the Labour Code, to strengthen in particular the provisions on the protection of wages.

Minimum wages

Article 3(1) and (2) of Convention No. 26. Minimum wage-fixing machinery and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2015-0363/P-RM of 19 May 2015 setting the guaranteed minimum interoccupational wage (SMIG). It also notes that section 284 of the Labour Code provides that: (i) the opinion of the Higher Labour Council is required in all cases in which regulations have to be issued under the provisions of the Labour Code; and (ii) the Higher Labour Council is also responsible for examining the elements that could serve as a basis for the determination of the minimum wage. The Committee requests the Government to provide information on the effect given in practice to section 284 of the Labour Code on the occasion of a future examination of the rates of the SMIG.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. In its previous comments, the Committee noted the existence of repeated delays in the regular payment of wages in all sectors and requested the Government to intensify its efforts to resolve this situation. In this regard, the Committee notes the Government’s indication that no delay in the payment of wages has been reported since 2014. The Committee nevertheless notes that, according to the CSTM, certain parapublic institutions have several months of wage arrears, including delays in the payment of wages of between four and nine months for the workers of the Mali Geographical Institute. The Committee requests the Government to provide its comments on the CSTM’s observations.

Article 3(2) of the Convention. Further duties entrusted to labour inspectors. The Committee notes from the 2018 annual report of the National Labour Directorate (DNT) that 1,547 individual disputes were settled through conciliation by a labour inspector in 2018. By comparison, the Committee notes that the total number of inspections conducted by the Regional Labour Directorates in 2018 was 493. The Committee therefore requests the Government to indicate the time and resources that the labour inspection services devote to conciliation or the settlement of disputes, compared with their primary duties under Article 3(1) of the Convention.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the reference, in the Government’s report, to the adoption of Decree No. 2017-693/P-RM of 14 August 2017 on the allocation of specific bonuses and allowances to labour services staff. It also welcomes the Government’s indication that a new plan to strengthen the labour services is envisaged. The Committee requests the Government to provide more information on the content of the plan to strengthen the labour services, including its objectives concerning the conditions of service of inspectors and the measures taken or envisaged to meet those objectives.

Article 7(1) and Articles 10, 11 and 16. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. The Committee notes from the 2018 annual report of the DNT that the Regional Labour Directorates conducted 493 inspections in 2018, compared with 792 in 2017 and that the workplaces inspected, in all sectors, employed 18,586 workers, compared with 15,669 workers the previous year. It also notes that, according to the 2018 annual report of the DNT, the Regional Labour Directorates are facing difficulties that are hampering their functioning and the discharge of their assigned functions, namely, a lack of vehicles, Internet connection, qualified human resources and, in the case of the Taoudéni and Ménaka Regional Labour Directorates, a lack of premises. The Committee also notes that the 2018 annual report of the DNT does not refer to the total number of labour inspectors employed in the country. The Committee also notes that, according to the ILO report (2018) entitled, “Women and men in the informal economy: A statistical picture”, workers employed in the informal economy comprise 92.7 per cent of total employment in Mali, which can give rise to particular difficulties in relation to inspection. The Committee therefore requests the Government to continue its efforts to strengthen the inspection services both with regard to the recruitment of qualified labour inspectors and material resources, and particularly transport facilities. The Committee also requests the Government to take the necessary measures to ensure that all the regions are provided with local offices equipped in accordance with the requirements of the inspection service, in accordance with Article 11(1)(a) of the Convention. It requests the Government to continue providing information on the measures taken to that end and to indicate the number of labour inspectors employed in the country in its next report.

Article 7(3). Training of labour inspectors. The Committee notes that, in 2016, with the ILO’s support, the Ministry of Labour ran two training workshops for labour inspectors on the informal economy and on gender equality in the world of work. It also notes that the 2018 annual report of the DNT, provided by the Government, refers to a training workshop on occupational safety and health for labour inspectors, held in October 2018, and a training workshop for 25 labour controllers (inspectors’ assistants) held in December 2018. The Committee also notes that, according to the 2018 annual report of the DNT, a cooperation mission was conducted with the Moroccan Ministry of Employment and Vocational Training, resulting in the signing of a cooperation protocol on labour. The cooperation protocol partly focuses on the exchange of experience in training for labour inspectors and on capacity building for labour inspectors in occupational safety and health. The Committee also welcomes the Government’s indication that a capacity-building plan for inspectors is envisaged. Taking this information into account, the Committee requests the Government to continue providing information on the frequency, content and number of participants in training for labour inspectors for the discharge of their duties, particularly within the framework of the new initiatives that have been implemented.

Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments, the Committee notes the statistics provided in the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), indicating that, out of 111 occupational accidents recorded between 1 January and 31 May 2018, 12 were recorded in the mining sector. The Government indicates that these statistics do not include the northern regions, and that no cases of occupational disease have been diagnosed. The Committee also notes the statistics contained in the 2018 annual report of the DNT indicating that 413 occupational accidents were registered in 2018, including 283 cases that were subject to investigation as required by the regulations. The Government explains that this rate is partly due to companies’ late submission of accident reports as well as a lack of resources for the functioning of the Regional Labour Directorates. In this regard, the Committee notes that the Government has not provided information in response to its previous request on the impact of the implementation of a system to collect, analyse and process statistical information on the preventive mission of labour inspectors. The Committee requests the Government to indicate whether the system to collect, analyse and process statistical information on occupational accidents and diseases has already been implemented, and to provide information on the progress made in this regard.

Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee welcomes the 2018 annual report of the DNT, provided by the Government, which contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee also notes that, although the annual report of the DNT contains statistics on the infringements reported at the regional and national levels, it does not contain statistics on the sanctions imposed for these infringements. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21(b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).

Articles 1 and 2 of the Convention. Structure and functioning of a free public employment service. The Committee notes the information contained in the Government’s first report on the implementation of the Convention, received on 30 August 2018, as supplemented by a second report received on 26 August 2019. The Government indicates that the public employment service in Mali is the National Employment Agency (ANPE), established by Order No. 01-016/P-RM of 27 February 2001. The ANPE is responsible for contributing to the implementation of the National Employment Policy and carrying out all activities relating to the missions entrusted to it by the State, local authorities and public institutions. The Committee notes that the ANPE operates through a network of national and local offices and that its structure encompasses six technical departments and nine regional divisions. The Committee notes that new section L.302 of the Labour Code provides that the services of the public employment service shall be free of charge. However, it notes that section 4 of Order No. 01-016/P-RM of 27 February 2001 provides that the resources of the ANPE include remuneration for services provided on request. The Committee requests the Government to clarify whether the services of the ANPE are provided free of charge, as required under Article 1(1) of the Convention. It also requests the Government to provide detailed updated information, including statistical data disaggregated by sex and age, on the impact of the measures taken by the ANPE to ensure the best possible organization of the employment market (Article 1(2) of the Convention). The Committee requests the Government to provide a copy of Decree No. 01-154/P-RM of 29 March 2001 on the organization and operation of the ANPE.

Article 3(1) and (2). Creation of a national network of employment offices. The Committee notes that the ANPE is represented by regional directorates at the regional level and by local branches and correspondents at the local level. The Government refers to the Strategic Development Plan (PSD) Vision 2020, adopted in the context of improving the services offered by the ANPE. The PSD provides that the regional directorates shall implement ANPE services by providing all services to applicants, enterprises and partners. The Government adds that each regional directorate is responsible for its local correspondents, organizes their activities and monitors their results. The Committee requests the Government to provide details of the measures taken or envisaged to ensure that there are sufficient employment service offices in the various regions of the country. The Committee requests the Government to indicate in its next report the arrangements made for the overall review and, if required, revision of the national employment service offices network or its organization to meet the changing needs of the economy or the workforce.

Articles 4 and 5. Consultation with the social partners. The Committee notes that the management body of the ANPE is its Administrative Board, a tripartite body that serves as an advisory committee. The Board is composed of 12 members: three Government representatives, four Employer representatives, four Worker representatives and one staff representative. The Committee requests the Government to provide information on the procedure adopted for the appointment of workers’ and employers’ representatives to the Administrative Board. The Committee requests the Government to provide further information on how the representatives of employers’ and workers’ organizations are consulted on matters relating to the development and implementation of the measures taken by the employment service in accordance with the Convention, and to indicate whether any measures have been taken to establish committees at the regional or local levels as envisaged in Article 4(2).

Article 6. Activities of the employment service. In its report, the Government refers to the activities of the employment service enumerated in the Manual of Administrative and Financial Procedures and the Strategic Development Plan. The Committee notes that section 2 of Order No. 01 016/P RM of 27 February 2001 provides that the ANPE is responsible for obtaining and compiling job vacancies from employers and matching vacancies with jobseekers; receiving, informing and guiding jobseekers; promoting self-employment through providing information and guidance to future entrepreneurs; and for carrying out all studies on employment and vocational training. The Committee also notes the establishment of the National Employment and Training Observatory (ONEF) by Order No. 2013-024/P-RM of 30 December 2013, the main task of which is to conduct studies and research to provide decision-makers and users with reliable and regularly updated information on the labour market, at the national and at the regional levels, in order to better regulate the labour market. The Committee requests the Government to continue to provide information on the activities undertaken by the ANPE to give effect to Article 6. More specifically, the Government is requested to provide information on the measures taken to: ensure that applicants and vacancies are referred from one office to another (Article 6(a)(iv)); facilitate occupational and geographical mobility (Article 6(b)(ii)); anticipate probable labour market trends (Article 6(c) and Paragraph 5 of the Employment Service Recommendation, 1948 (No. 83)); cooperate in the administration of unemployment insurance and assistance and of other measures for the relief of the unemployed (Article 6(d)); assist other public and private bodies in social and economic planning calculated to ensure a favourable employment situation (Article 6(e)).

Articles 7 and 8. Particular categories of applicants for employment. Special measures for young workers and persons with disabilities. The Committee notes that there are departments in the ANPE that deal with interventions including in the areas of cooperation and migration and of vocational training. Section 2 of Order No. 01-016/P-RM of 27 February 2001 provides that the ANPE is responsible for supporting the implementation of vocational training, skills training, retraining and placement activities and for the design and implementation of mechanisms and actions to promote employment, in particular women’s employment and the employment of persons with disabilities. The Government refers to a specialized entity, the Agency for the Promotion of Youth Employment (APEJ) established by Act No. 03-031 of 25 August 2003. The main mission of the APEJ is to contribute to employment promotion for young Malian men and women between 15 and 40 years of age, in rural and urban areas, whether residents or expatriates, by facilitating their access to the labour market and to credit. The Committee requests the Government to provide further information on the measures taken with regard to specialization by occupation or branch of activity in the employment service, as well as those taken to respond adequately to the needs of particular categories of jobseekers, such as persons with disabilities and other vulnerable jobseekers. It also requests the Government to detail the special measures, aimed at young people, taken and developed as part of vocational guidance services.

Article 9. Employment service staff. The report indicates that the employment service staff is composed of contractual staff and officials and that their recruitment is governed by texts such as the rules of procedure and establishment agreement of the ANPE. The Committee requests the Government to provide further information in its next report on staff recruitment and selection methods and on how staff independence and stability of employment are ensured (Article 9(1)). It also requests the Government to provide information on arrangements to ensure that employment service staff are properly trained in the performance of their duties, including both (a) initial training provided at the time of their appointment; and (b) continuing training.

Article 10. The Committee requests the Government to provide, in its next report, information on the measures taken at the national and at the local levels, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities.

Article 11. Cooperation between the public employment service and private employment agencies. The Committee notes that Mali has ratified the Private Employment Agencies Convention, 1997 (No. 181). The Government indicates that, at the instigation of the ANPE, the National Council of Private Employment and Temporary Work Agencies in Mali (CONABEM) was created on 9 March 2007 to ensure effective cooperation between the public employment service and fee-charging employment agencies. The Government adds that cooperation agreements exist between the ANPE, the Municipalities Association of Mali (AMM) and the fee-charging employment agencies of Mali and that, in the context of strengthening this cooperation, a partnership protocol was signed on 23 January 2016 between CONABEM and the ANPE. The Committee requests the Government to provide information on the results of the partnership protocol between CONABEM and the ANPE and to indicate how it has contributed to improving cooperation between the public employment service and fee-charging employment agencies.

Part IV of the report form. The Committee notes the statistical data on the job applications received and vacancies notified and on the number of vacancies filled by public and private agencies in 2015 and 2016. The Committee requests the Government to continue to provide detailed and updated information on the number of job applications received, the number of job vacancies announced and the number of persons placed in employment by the ANPE, with statistics disaggregated by sex, age and economic sector.

Article 1(1)(a)–(c) of the Convention. Types of private employment agencies. The Committee welcomes the Government’s first report on the application of the Convention, received on 30 August 2018, supplemented by a second report, received on 26 August 2019. The Government indicates that there are fee-charging private employment agencies and temporary work agencies in Mali that are appointed by the competent authorities and the social partners to carry out paid placement services and temporary placements. The Government indicates that the activities authorized for private employment agencies are governed by the provisions of Act No. 2017-021 of 12 June 2017, amending Act No. 92-020 of 23 September 1992 issuing the Labour Code, as well as the Decree No. 96-178/P-RM of 13 June 1996 implementing the Labour Code. The Committee notes that, under section L.301 of the Labour Code, the activities of fee-charging private employment agencies consist of regularly providing services to match job offers with jobseekers, without the person carrying out this activity becoming a party to the labour relations that may result from it. The Committee also notes that, under section L.313 of the Labour Code and section D.313 of Decree No. 96-178/P-RM, fee-charging private employment agencies may, alongside their other functions, assume the role of a temporary work agency, the function of which is to make workers, whom it hires and remunerates on the basis of agreed skills, available to user enterprises on a temporary basis. In addition, section L.313-3 of the Labour Code provides that temporary work agencies may assume the role of an outsourcing agency, alongside their other functions. The Committee notes that the national legislation envisages private employment agencies (subsection (a)) and private temporary work agencies (subsection (b)). The Government’s report does not mention the provision of the direct employment services set out in Article 1(1)(c) of the Convention. Nevertheless, the Vision 2020 Strategic Development Plan provides that fee-charging private employment agencies are responsible for providing training in methods of seeking work, promoting employment, harmonizing placement practices and improving the rules on the promotion of labour market intermediation. The Committee requests the Government to clarify whether private employment agencies are authorized to offer other services relating to jobseeking within the meaning of Article 1(1)(c) of the Convention. If so, the Committee requests the Government to indicate the most representative organizations of employers and workers consulted in this regard.

Article 4. Right to freedom of association and collective bargaining. Mali has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes the Government’s indication that supervision and inspection visits are conducted by the inspection services to ensure the proper application of the legislation on freedom of association and collective bargaining in fee-charging private employment agencies, with the aim of raising awareness on respect for freedom of association. The Committee requests the Government to clarify whether the provisions of the Labour Code on the right to freedom of association and collective bargaining also apply to temporary agency workers in user enterprises.

Article 5. Measures to promote equality. Special services designed to assist the most disadvantaged workers. The Committee recalls its 2017 comments on Mali’s application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted 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, which introduces provisions relating to discrimination in employment and occupation into the Labour Code. The Government indicates that section L.305 of the Labour Code establishes that, “fee-charging private employment agencies shall not subject workers to any discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction, social origin or any other form of recognized discrimination”. With regard to special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities, the Committee notes that the National Council of Private Employment and Temporary Work Agencies in Mali (CONABEM) collaborated in 2015 and 2016 with Handicap International and the Malian National Federation of Persons with Disabilities (FENAH) with regard to the labour market integration of persons with disabilities in Mali. The Committee requests the Government to continue providing information on the special services or targeted programmes implemented by private employment agencies to assist the most disadvantaged workers in their jobseeking activities, including persons with disabilities.

Article 6. Processing of personal data of workers. In its first report, the Government did not provide information on the manner in which the protection of workers’ personal data is ensured. However, the Committee notes that, according to the CONABEM, the protection of workers’ personal data is ensured using human resources management software and by staff tasked with the confidential maintenance of personnel files. The Committee requests the Government to indicate the regulations currently in force and how they ensure that processing of personal data of workers by private employment agencies is done in a manner that protects this data and ensures respect for workers privacy by limiting the data to matters related to their qualifications and professional experience, as provided for in this Article of the Convention.

Article 8. Protection of migrant workers. The Government indicates that the protection of workers provided for under the provisions of the Labour Code covers migrant workers, but does not clarify whether this protection also extends to private agencies. The Government also indicates in its report that it has concluded a series of bilateral agreements on immigration with several countries. The Committee requests the Government to clarify whether the protection of migrant workers provided for under the provisions of the Labour Code also extends to private agencies. The Committee requests the Government to provide detailed information on the steps taken to ensure that migrant workers recruited or placed by private employment agencies benefit from adequate protection and to prevent them from falling victim to abuse.

Article 9. Prohibition of child labour. The Committee recalls that Mali has ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). In this context, the Government refers to section L.187 of the Labour Code, which provides that children may not be employed in any enterprise, even as apprentices, before the age of 15 years. The Committee requests the Government to indicate whether the sections of the Labour Code on the prohibition of child labour also apply to private agencies and to detail the measures adopted to ensure that, in practice, child labour is not used or supplied by private employment agencies, including temporary work agencies.

Article 10. Mechanisms for the investigation of complaints, alleged abuses and fraudulent practices. The Government indicates that if a violation is detected during a labour inspector’s monitoring visit to a private employment agency, a notice is sent to the agency. In the event that the infringement persists, a default notice is issued and a report is sent to the Public Prosecutor. The Committee requests the Government to indicate the applicable legislation determining the complaints procedures, and how the current procedures enable the effective investigation of alleged abuses and fraudulent practices concerning the activities of private employment agencies, specifying the nature and number of complaints lodged, and the manner in which they were resolved. The Committee also requests the Government to indicate, where applicable, the employers’ and workers’ organizations involved in these procedures.

Article 11. Measures to ensure adequate protection for the workers employed by private employment agencies and user enterprises. Responsibilities of private employment agencies and user enterprises with regard to protection for workers. In its first report, the Government indicates that, under the Labour Code, workers are guaranteed all the rights related to labour relations. The Social Insurance Code and the Act on compulsory health insurance provide for statutory social security benefits and compensation in the event of occupational accidents diseases. The Government also indicates that all private employment agencies and user enterprises are governed by the same regulations set out in the Labour Code and the Social Insurance Code and share the same responsibilities. In this context, the Committee notes that section L.313 of the Labour Code, which provides that temporary work agencies are deemed to be employers and have the rights and obligations of such. The Committee recalls that, in paragraph 313 of its 2010 General Survey concerning employment instruments, it highlights the need to have a clear legal framework in place to secure adequate protection in the areas enumerated in Articles 11 and 12 of the Convention. The Committee recalls that, given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case effective responsibility is determined. The Committee requests the Government to indicate the provisions that ensure adequate protection for the workers employed through private employment agencies, including temporary work agencies, in relation to the aspects covered by Article 11 of the Convention. With regard to Article 12, the Committee requests the Government to indicate the respective responsibilities of private employment agencies, including temporary work agencies, and user enterprises in all of the areas covered by this Article, and the manner in which these responsibilities were assigned.

Article 13. Cooperation between the public employment service and private employment agencies. Provision and publication of information. The Committee recalls that Mali has ratified the Employment Service Convention, 1948 (No. 88). The Government indicates that the employers and workers organizations consulted on the promotion of cooperation between the public employment service and private employment agencies are the National Council of Employers of Mali (CNPM), the National Union of Workers of Mali (UNTM) and the Confederation of Workers’ Union of Mali (CSTM). The Committee notes that the CONABEM was established on 9 March 2007 to ensure effective cooperation between the public employment service and fee-charging private employment agencies. The Government indicates that fee-charging private employment agencies regularly provide information on placements made to the National Employment Agency (ANPE), in accordance with section L.305 of the Labour Code, and the information is released to the public every three months. The Government adds that there are cooperation agreements between the ANPE and the Mali Municipalities Association and Mali’s fee-charging private employment agencies and, with a view to strengthening this cooperation, a partnership protocol between the CONABEM and the ANPE was signed on 23 January 2016. The Committee notes that the protocol was concluded to compel the CONABEM to provide to the ANPE reliable and secure statistical data on the labour market. The Committee requests the Government to provide information on the outcomes of the partnership protocol signed between the CONABEM and the ANPE and to indicate how it contributes to improving cooperation between the public employment services and fee-charging private employment agencies. The Committee requests the Government to include in its next report more detailed information on the regular examination of the effectiveness of the cooperation between the public employment service and private employment agencies. The Government is also requested to provide extracts of statistical reports produced using information provided by private employment agencies.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the applications received, the vacancies notified and the placements made by public and private employment agencies in 2015 and 2016. At the time of the last CONABEM general assembly, there were 53 fee-charging private employment agencies throughout the country. The Committee requests the Government to provide general indications on the manner in which the Convention is applied and extracts of reports by the inspection services and, if such statistics exist, information on the number of workers protected by measures giving effect to the Convention, as well as the number of violations of the relevant legislation.

Comments adopted by the CEACR: Mali

Adopted by the CEACR in 2021

C013 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Occupational Safety and Health Convention, 1981 (No. 155)

Protocol of 2002

2. White Lead (Painting) Convention, 1921 (No. 13)

C019 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

1. Trafficking in persons.

2. Measures to combat all forms of forced labour.

3. Exception to the definition of slavery.

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Slavery-like practices and hereditary servitude

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Protocol of 2002

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Mali

Display the list by:

Adopted by the CEACR in 2021

C013 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Occupational Safety and Health Convention, 1981 (No. 155)

Protocol of 2002

2. White Lead (Painting) Convention, 1921 (No. 13)

C019 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

1. Trafficking in persons.

2. Measures to combat all forms of forced labour.

3. Exception to the definition of slavery.

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Slavery-like practices and hereditary servitude

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Protocol of 2002

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C088 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)