Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Mali (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mali (Ratification: 2016)

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.