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Comments adopted by the CEACR: Mali

Adopted by the CEACR in 2021

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

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.

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)

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.
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