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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mali (Ratification: 1964)

In its previous comments, the Committee noted that some cases of anti-union dismissals of workers were still pending before the courts nearly ten years after they had occurred. The Committee notes with regret that the Government’s reply simply takes note of the Committee’s observations and commits to taking the necessary measures without providing any details. The Committee urges 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 specific information in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Determination of the representativeness of trade union organizations. In its previous comments, the Committee recalled the urgent need to determine the procedures for occupational elections in order to give full effect to the provisions of the Labour Code relating to collective bargaining. The Committee notes that, according to the Government: (i) the elections did not take place as expected in 2021 and that they will finally take place in 2025; (ii) the holding of two workshops in 2023 with trade union confederations, organized with the support of the ILO, enabled the confederations to agree on a representativeness threshold of 17 per cent, above which organizations will be considered representative; and (iii) Order No. 2024-1586/MTFPDS-SG of 31 May 2024 lays down the rules and procedures for the organization of occupational elections for the representativeness of workers’ trade unions and trade union confederations. The Committee also notes the Government’s indication that, to enable occupational elections to be held in the public sector, the Social Stability and Growth Pact provides for the revision of the general conditions of service of public servants. While duly noting the progress made, the Committee reiterates the firm hope that the Government will soon be able to report on the holding of occupational elections, both in the private and public sectors, 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 once again reminds the Government that it may request technical assistance from the Office in this regard.The Committee also requests the Government to provide it with a copy of Order No. 2024-1586/MTFPDS-SG of 31 May 2024.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. With regard to the scope of application of the Convention and the exceptions concerning public servants, the Committee wishes to recall the distinction to be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, civil servants in government ministries and other comparable bodies, as well as their auxiliaries) who may be excluded from the scope of application of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee notes the Government’s indication that public servants not engaged in the administration of the State are governed by the Labour Code, like employees in the private sector. In view of the foregoing, the Committee requests the Government to provide detailed information on the manner in which collective bargaining for public servants not engaged in the administration of the State is exercised in practice, on the legal mechanisms which enable this right to be exercised, and on any collective bargaining conducted in the public sector.

Promotion of free and voluntary collective bargaining. The Committee notes the Government’s indication that: (i) there are 16 sectoral collective agreements and 153 collective agreements in force within enterprises and establishments in the various sectors of activity; (ii) it still does not have statistical data on the number of workers covered; (iii) the work of the National Directorate of Labour (DNT) has led to the conclusion of a new collective agreement in the hotel industry and two in finance; (iv) discussions are under way with the social partners with a view to revising collective agreements in the commerce, pharmaceutical and community health sectors; and (v) 11 establishment agreements have been forwarded by the DNT to the Minister of Labour. The Committee requests the Government to continue providing information on the number of collective agreements and accords concluded in the country, including not only the sectors concerned but also the number of workers covered.Also noting the involvement of the DNT in the processes of revising and negotiating collective agreements, the Committee requests the Government to provide details of the DNT’s mandate and the role it plays in such processes.