Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mali (Ratification: 1962)

Article 1(a) of the Convention. Sentences involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that section 21 of Act No. 01-003 of 27 February 2001 on the prison system and supervised education provides that prisoners sentenced to criminal or correctional penalties may be required to work. It also notes that Act No. 2024-028 of 13 December 2024 on the Code of Criminal Procedure provides that suspects, defendants and accused persons in pretrial detention are not required to work (section 1207), while providing that persons sentenced to custodial sentences for offences classified as crimes or offences under ordinary law must have the possibility to work, and that any prisoner may be exempted from work on medical grounds (section 1210). The Committee requests the Government to confirm that the provisions of Act No. 01-003 of 27 February 2001 on the prison system and supervised education, which provide that convicted prisoners may be required to work, are still in force.

In the meantime, the Committee notes that several provisions of the national legislation provide for the possibility of imposing of a prison sentence in circumstances that may fall under Article 1(a) of the Convention. It notes, in particular, the following provisions:

• Criminal Code (Act No. 2024-027 of 13 December 2024): section 242-1 (regionalist propaganda and dissemination of news aimed at undermining the credibility of the State); 242-9 (organization of and participation in an unlawful demonstration); 242-40 (opposition to the exercise of legitimate authority or wilful abstention, undermining or attempting to undermine public order); 242-54 to 242-56 (insulting the head of State and contempt of the authorities or law enforcement officers); 242-74 (spreading fake news likely to undermine public confidence in the credibility of the State, local authorities and public institutions); 512-18 (insults committed through an information system – provision also included in section 21 of Act No. 2019-056 of 5 December 2019 on the suppression of cybercrime); and 512-51 (press offences committed through information and communication technologies – provision also included in section 21 of Act No. 2019-056 of 5 December 2019 on the suppression of cybercrime);
• Act No. 00-046 of 7 July 2000 on the press and press-related offences: sections 36, 46 and 47 (insulting the head of State or the presidents of other institutions of the Republic and contempt of public representatives); 37 (publication of fake news or falsified documents when this disturbs public peace); 38 to 42 (defamation and insults against institutions and their members or individuals).

The Committee also notes the adoption of Decree No. 2025-0339/PT-RM dissolving political parties and political organizations in the Republic of Mali on 13 May 2025. This text provides for the dissolution of the aforementioned parties and organizations (section 1) and prohibits any meetings or activities that are political or of a political nature by the dissolved organizations (section 2). Any violation of this Decree exposes the perpetrators and accomplices to the penalties provided for by the laws and regulations in force (section 3).

The Committee further notes that the National Human Rights Commission (CNDH) and several United Nations agencies have reported arrests, detentions, prosecutions and/or convictions of several political actors, media professionals and members of civil society for acts that appear to fall within the legitimate exercise of fundamental rights and freedoms, including the right to freedom of expression (2023 report of the CNDH; statement by the CNDH to the African Commission on Human and Peoples’ Rights of May 2025; reports A/HRC/55/79 of 13 February 2024 and A/HRC/58/79 of 6 March 2025 of the United Nations Independent Expert on the situation of human rights in Mali; and press release of the United Nations High Commissioner for Human Rights of 4 September 2025).

The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to indicate how the aforementioned provisions of the Criminal Code and the Act on the press and press-related offences are applied in practice, specifying the number of prosecutions initiated and penalties handed down, as well as the facts giving rise to the convictions.It also requests the Government to indicate the penalties applicable for contravening the provisions of Decree No. 2025-0339/PT-RM of 13 May 2025.

Article 1(b). Work or service required for purposes of economic development. The Committee previously noted that, under Act No. 2016-038 of 7 July 2016 introducing national service for young persons (SNJ) and its implementing decree, the SNJ is compulsory and may include activities contributing to the country’s economic development. It noted the Government’s indication that the SNJ is voluntary in practice and requested the Government to amend its legislation accordingly.

The Committee recalls, as highlighted by the Government, that according to section 2 of Act No. 2016-038, the SNJ’s mission is to contribute to improving the education and physical, civic and vocational training of young people with a view to their effective and full participation in the country’s economic, social and cultural development and their mobilization for the needs of national defence. The Committee also notes the Government’s indication that the duration of the SNJ is 6 months of military training for those admitted to the public service and 18 months of voluntary training for non-officials (including 6 months of military training, 10 months of vocational training and 2 months of retraining). The Government specifies that, according to the regulations governing the SNJ, the latter is compulsory only for new officials and voluntary for other citizens aged 18 to 35. The Committee nevertheless notes that, according to section 6 of Act No. 2016-038, the SNJ is compulsory for all young people.

The Committee therefore once again requests the Government to take the necessary measures to amend Act No. 2016-038 and its implementing decree, for example, by limiting compulsory participation in the SNJ to military training alone, or by making participation in the SNJ voluntary, as appears to be the case in practice, so as to bring the legislation on the SNJ into line with Article 1(b) of the Convention. Please provide information on the progress made in this regard.

Furthermore, the Committee takes due note of the information provided by the Government on the legislation referred to in section L6 of the Labour Code, according to which forced or compulsory labour does not include “work in the public interest, as defined by the legislation on civic obligations”. It notes that this legislation concerns, for example, national defence and situations of disaster.