Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Mali (Ratification: 1995)

The Committee notes the Government’s report.

It notes that, in reply to the last direct request, the Government states that it undertakes to give effect to the Committee’s comments. The Committee also notes that a new General Statute of the Public Service, approved by the Council of Ministers, is among the texts submitted to the new National Assembly, convened on 16 September 2002 for a special sitting.

The Committee recalls that it addressed the following points in its previous comments.

Article 1 of the Convention. Scope of the Convention. The Committee had noted previously that section 1(1) of the General Statute of the Public Service laid down general rules applying to all public servants and established that they have a right to organize (section 19). The Committee had noted, however, that section 1(1) of the Statute stipulates that the latter shall not apply to personnel hired on a contractual basis, temporary personnel and the personnel of local communities and designated public bodies.

The Committee requests the Government to take measures to grant to these categories of workers by law the rights and safeguards provided for in the Convention. The Government is asked to send a copy of the new General Statute of the Public Service as soon as it is adopted and hopes that the new Statute will take account of its previous comments.

Articles 4 and 5. Protection of the right to organise. The Committee had noted previously that the General Statute of the Public Service contained no provisions on protection against anti-union discrimination and interference. It had reminded the Government that the legislation should contain specific provisions to protect workers against acts of anti-union discrimination at the time of taking up employment and in the course of employment and against acts of interference by public authorities. Such provisions should be coupled with effective remedies and sufficiently dissuasive sanctions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224).

The Committee hopes that the new General Statute of the Public Service currently before Parliament will take account of its comments.

Articles 7 and 8. The Committee noted previously that, according to the Government, the joint administrative committees are responsible for the settlement of disputes. The Committee again asks the Government to provide additional information on the role and functions of these committees and on any agreements concluded in the public service in recent years (number, institutions, workers covered, etc.).