Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mali (Ratification: 1964)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication in its report that it will examine the measures to be adopted to clearly define and explicitly prohibit sexual harassment in employment and occupation during a future revision of the Labour Code. The Committee recalls that Article 1(1) of the Convention prohibits discrimination in employment and occupation on the grounds, among others, of sex, and that sexual harassment constitutes a serious manifestation of sex discrimination and a violation of human rights. It also notes the Government’s indication that labour inspectors are not competent in relation to sexual harassment, and that it is the responsibility of victims to bring this violation directly to the courts. In this regard, the Committee recalls that it is often the case that victims of discrimination, and particularly of sexual harassment, decide not to assert their rights in court for several reasons: fear of repercussions (such as the loss of their job), the low probability of being successful in view of the difficulty of proving discrimination, the financial risk and the lack of balance between the burden involved in legal proceedings for all the parties and the often modest penalties imposed upon the perpetrators of discrimination. For these reasons, it considers that the courts should not be the only recourse available and should be supplemented by: (1) the establishment of non-judicial dispute settlement machinery prior to the initiation of judicial procedures and which often allow victims to obtain compensation more rapidly and more cheaply; and (2) the existence of legal aid for victims with few or no resources. Finally, the Committee notes that the Government has developed a Professional Ethical Code for teachers and researchers in the education sector with a view to preventing and eliminating sexual harassment in the sector. As the Government has undertaken to include provisions in a future amendment of the Labour Code clearly defining and explicitly prohibiting sexual harassment, both quid pro quo and hostile work environment, the Committee requests it to keep it informed of any progress achieved in this regard. It also requests the Government to indicate whether there exists, outside the courts, low or no cost non-judicial dispute settlement machinery to facilitate the effective access to justice of victims of sexual harassment (and particularly women), and whether the National Human Rights Commission is mandated to receive such complaints. The Committee further requests the Government to provide information on: (i) the measures adopted or envisaged to ensure systematic and regular awareness-raising for actors in the justice system (both judicial and non-judicial) on the impact of certain social stereotypes, such as preconceptions concerning the aspirations and capacities of women, which may penalize those who do not correspond to such stereotypes; and (ii) prevention measures, including initiatives to raise the awareness of workers, employers and their respective organizations, and the public at large, concerning the particularly negative impact of sexual harassment in employment, occupation and education, including information on the available procedures and remedies. Please provide statistical data on the number, nature and outcome of complaints of sexual harassment in employment and occupation dealt with by the courts or any other competent authority.

Articles 1 and 5. Special protection measures. Restrictions on women’s employment. The Committee notes the adoption of Decree No. 2022-0125/PT-RM of 4 March 2022, amending certain provisions of Decree No. 96-178/P-RM of 13 June 1996, including section D.189-2 prohibiting night work by women employed in factories, manufacturing, mines and quarries, work sites, particularly for roads, buildings, workshops and their branches. Under the terms of section D.189-2, this prohibition is no longer applicable to women: (1) who are employed in family enterprises: (2) who are engaged in managerial positions or those of a technical nature involving the exercise of responsibility; and (3) who are employed in health and welfare services and do not normally perform manual work. However, the Committee observes that, in accordance with section L.186 of the Labour Code, night work by women is still in principle prohibited. It also notes that the provisions of Decree No. 96-178/P-RM of 13 June 1996 setting out the list of activities prohibited for women in general or under certain conditions have still not been revised. The Committee once again emphasizes that, in order to be compatible with the principle of the Convention, any protective measures for women must be designed for the protection of maternity in the strict sense and not be based on stereotypes regarding women’s professional abilities and role in society. Moreover, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women, while taking account of gender differences with regard to specific risks to their health (see the General Survey of 2012 on the fundamental Conventions, paragraphs 838 and 839). The Committee once again requests the Government to take the necessary measures as a matter of urgency to revise, in light of the principle of gender equality and maternity protection in the strict sense, section L.189 of the Labour Code and the provisions of Decree No. 96-178/P-RM of 13 June 1986 setting out the list of activities prohibited for women in general or under certain conditions, and to keep it informed of any developments in this regard.

Article 2. National policy on equality of opportunity and treatment in employment and occupation. National gender policy. The Committee notes that the Government has not provided information on the implementation of the National Gender Policy (PNG-Mali). However, it notes that, in a communication on 13 March 2024 to the 68th Session of the United Nations Commission on the Status of Women (CSW68), the Minister for the Promotion of Women, Children and the Family indicated that the Government is working towards the implementation of the National Gender Policy by sector and institution. According to the same communication, the action taken by the Government has resulted in the establishment of 17 sectoral gender committees in each ministerial department and 11 regional committees to follow gender issues at the regional level, and the organization of the statutory meetings of the Higher Council of the National Gender Policy chaired by the Prime Minister in the presence of the members of the Government. The Committee also observes that since 2012 a Gender Report has been annexed to the Finance Act, setting out the commitments and achievements of the ministries concerned in relation to gender equality. The Gender Report 2024 refers to: (1) structural constraints related to the fact that the reforms inspired by the National Gender Policy are not sufficiently advanced; (2) the poor quality of the data compiled by ministerial departments, which does not allow an assessment to be made of the extent to which Government commitments in relation to gender equality are being achieved; and (3) the inadequacy of the specific measures put forward by certain departments. Finally, the Committee notes that, according to the report of the Ministry of Labour, the Public Service and Social Dialogue, which was included in the Gender Report 2024, the promotion of gender equality values is still slow, particularly due to the absence of financial resources. While acknowledging the particularly difficult situation faced by the country, the Committee requests the Government to provide detailed information on: (i) the specific measures taken to strengthen the human and financial resources of the ministerial departments responsible for the implementation of the National Gender Policy; (ii) and the progress made with the reforms and action envisaged in the National Gender Policy with a view to the promotion of equality of opportunity and treatment for men and women in access to education, vocational training, employment and the various occupations, and terms and conditions of employment.

Articles 2 and 5. Promotion of equality of opportunity and treatment for men and women. Affirmative action for women. The Committee notes that the Government has not provided information on the measures adopted within the framework of the Ten-year Development Plan for the Empowerment of Women, Children and the Family (PDDAFEF 2020–29) to improve the access of women to employment and the various occupations. However, it notes that the Ministry for the Promotion of Women, Children and the Family (MPFEF) has prepared a new draft Ten-year Development Plan for the Empowerment of Women, the Family and the Fulfilment of Children (PDDAFFE 2023–32), with a five-year programme (PRODAFFE 2024–28) and an operational plan (PO 2024). The Committee further observes that, according to the report prepared by the MPFEF within the framework of the Gender Report 2024 referred to above, various types of action have been taken with a view, among other objectives, to improving the economic potential of women and increasing the income of rural women, including: (1) the training of 2,000 women in fields such as digital marketing, export procedures, on-line sales and small trading; and (2) the training of 3,000 women in income-generating activities and entrepreneurship within the framework of the support programme for the empowerment of women in shea production. However, it notes that the MPFEF only succeeded in completing ten of the 24 activities planned for 2022 and that no budget was allocated for activities such as support for enterprise creation by women and support for the learning of trades and the creation of employment for girls. Finally, the Committee notes that the Government has not provided information on the adoption of the decree to be issued under Act No. 2017-001 of 11 April 2017 on agricultural property, which provides that at least 15 per cent of the land resources of the State and of community lands shall be granted to groups and associations of women and young persons (section 13). According to the Gender Report 2024, only 12.9 per cent of the 19005 hectares developed in 2020 were granted to women, which is lower than the rate set out by law. The Committee requests the Government to provide detailed information on: (i) the implementation in practice of the new Ten-year Development Plan for the Empowerment of Women, the Family and the Fulfilment of Children (PDDAFFE 2023–32) and the five-year programme (PRODAFFE 2024–28) and the accompanying operational plan (PO 2024); (ii) the specific measures adopted or envisaged, within the framework of the PDDAFFE 2023–32 or any other relevant programme with a view to improving the access of women and girls to vocational training, employment and the various occupations, including positions of responsibility; and (iii) the adoption of the decree to be issued under Act No. 2017-001 of 11 April 2017 on agricultural property and any other measures to ensure that at least 15 per cent of land developments by the State or territorial communities are granted to groups and associations of women.

Access by girls and women to education. The Committee notes the general information provided by the Government on the Ten-Year Development Programme for Education and Second Generation Vocational Training 2019–2028 (PRODEC 2) in relation to the access of girls and women to education. The Government indicates that the programme resulted in the achievement of appreciable qualitative results, including: (1) the adoption of measures to promote school attendance by girls; (2) the establishment of specific mechanisms to follow the school results of girls; and (3) the organization of preparatory courses for girls for the various examinations and competitions. In terms of quantitative results, the Government indicates that there has been a remarkable increase in the school attendance rates of girls. However, the Committee notes that, according to the report of the Ministry of National Education, included in the Gender Report 2024 referred to above, the gross admission rate in the first year of primary education (fundamental (1) fell by 71 per cent in 2020 and 69.1 per cent in 2022, and that the decrease was more pronounced for girls than boys. The same report indicates that the percentage of girls following promising subjects in secondary technical and vocational education did not achieve the target (28 per cent, compared with a forecast of 45 per cent) due to the low school enrolment rate of girls, the low success rate of girls at fundamental levels 1 and 2, the lack of information available to students and their parents on promising subjects, and guidance criteria that are unfavourable to girls. Finally, the Committee observes that, according to the report of the Ministry of Higher Education and Scientific Research, included in the Gender Report 2024, the percentage of women enrolled in higher education institutions (36.68 per cent in 2022) is much lower than that of men (63.32 per cent in 2022), and women are under-represented in subjects such as medicine and science. The Committee requests the Government to: (i) continue providing information on the implementation of the measures envisaged in PRODEC 2 in relation to the access of girls and women to education, including science subjects and other subjects traditionally studied by boys and men; and (ii) provide statistical data on the impact of these measures on the enrolment rate of girls and women at all educational levels (primary, secondary and university).

Enforcement. National Human Rights Commission (CNDH). The Committee recalls that, in accordance with Act No. 2016-036 of 7 July 2016 establishing the National Human Rights Commission (CNDH), its mandate includes ensuring respect for the rights of vulnerable groups or persons, including women, older persons, persons living with HIV/AIDS, and receiving individual or collective complaints relating to any allegations of the violation of human rights on the national territory, noting violations that could arise and taking any measures to bring them to an end. It also notes that, in its report for 2022, the CNDH describes the challenges, progress and action taken in defence of the rights of various categories, including the rights of women, persons with disabilities and older persons. However, the Committee notes that this report does not refer to the specific action taken by the CNDH to combat discrimination and promote equality of treatment in employment and occupation. As the Government has not replied to its previous question concerning the CNDH, the Committee therefore reiterates its request and once again asks to the Government to indicate whether the CNDH, which is responsible for human rights and equality issues, is empowered to receive and deal with complaints of discrimination on the grounds covered by the Convention and set out in the Labour Code and, if so, to provide information on: (i) the number, nature and outcome of the complaints dealt with by the CNDH in relation to discrimination in employment and occupation; and (ii) the awareness-raising and information activities undertaken by the CNDH, or by any other competent body, specifically to combat discrimination in employment and occupation.