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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mali (Ratification: 1964)

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.