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

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The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), transmitted with the Government’s report.

Article 1(b) of the Convention. Work or service exacted for the purpose of participation in economic development. The Committee previously requested the Government to amend Act No. 2016-038 of 7 July 2016 introducing national service for young persons (SNJ) and its implementing decree, which provide that national service is compulsory and includes both military activities and activities contributing to the country’s economic development. The Committee also requested the Government to provide information on “the legislation regarding civic obligations” to which section L6(2) of the Labour Code refers when it states that forced or compulsory labour does not include “work in the public interest, as defined by the legislation on civic obligations”.

In its report, the Government reiterates its statement that national service for young persons is not compulsory in any way and is essentially of a military nature. The Committee notes that in its observations, the CSTM considers national service to be voluntary, whereas the law indicates that it is compulsory. The Committee therefore encourages the Government to take the necessary steps tobring the legislation into line with the practice indicated such that the voluntary nature of national service for young people is clearly reflected and thereby to ensure the full conformity of the legislation both with Article 1(b) of the Convention. The Committee requests the Government to provide information on progress made in this regard and to continue to provide information on the implementation of national service for young people in practice. Furthermore, the Committee once again requests the Government to indicate which are the laws on civic obligations to which section L6(2) of the Labour Code refers under which work in the public interest could be imposed.

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Article 1(b) of the Convention. Work or service exacted for the purpose of participation in economic development. The Committee previously noted that section L6(2) of the Labour Code, under which “work required in the public interest by legislative provisions relating to participation in development” is not regarded as forced or compulsory labour, was not in conformity with Article 1(b) of the Convention, which prohibits the use of forced labour as a method of mobilizing and using labour for purposes of economic development. The Committee also noted that the Government planned to re-establish national service for young persons.

The Committee notes that the Government reports the adoption of Act No. 2016-038 of 7 July 2016 repealing and replacing Act No. 83-27/AN-RM of 15 August 1983 introducing national service for young persons. The Committee notes that, under the provisions of this Act, the purpose of national service for young persons is to contribute to advancing the education and physical, civic and vocational training of young persons with a view to their full and effective participation in the economic, social and cultural development of the country and their mobilization for national defence purposes. The Act establishes that national service of 18 months is compulsory for all young persons who are required to work on national worksites. According to Decree No. 2016-0537/P-RM of 3 August 2016 implementing Act No. 2016-038, national service for young persons comprises vocational training that cannot exceed ten months, eight months of military training and concurrent civic training. Furthermore, according to the implementing Decree, recruitment to national service for young persons “may be conducted by means of voluntary engagement” (section 7). In this regard, the Committee notes the Government’s indication that national service for young persons is in practice entirely optional and is essentially of an exclusively military nature. It specifies that the first wave of recruitment, which took place in 2017, was conducted in response to a call for applications and led to the recruitment of 600 young people.

The Committee also notes the adoption on 12 June 2017 of Act No. 2017-021 amending Act No. 92-020 of 23 September 1992 issuing the Labour Code in the Republic of Mali, which amends the provisions of section L6(2) of the Labour Code, namely by removing, as an exception to forced or compulsory labour, work in the public interest required under legal provisions for participation in development. The Committee also notes that, under the newly adopted section L6, forced or compulsory labour does not include “work in the public interest, as defined by the legislation on civic obligations”.

The Committee recalls that any legislation that provides for the compulsory participation of young persons, as part of compulsory military service or to replace such service, in activities for the economic development of the country is incompatible with Article 1(b) of the Convention, and with Article 2(a) of the Forced Labour Convention, 1930 (No. 29). Noting that Act No. 2016-038 establishing national service for young persons makes participation in that service compulsory and the work carried out as part of that service is not limited to work of a purely military nature, for example in national worksites, the Committee requests the Government to take the necessary measures to review Act No. 2016-038 and implementing Decree No. 2016-0537 in order to align the legislation with the practice indicated above and thus make participation in national service for young people voluntary or limit compulsory participation to the duration of military training. The Committee also requests the Government to provide information on the legislation regarding civic obligations covered by section L6 of Act No. 2017-021, under which work in the public interest can be imposed.

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Article 1(b) of the Convention. Work or service exacted for the purpose of participation in economic development. The Committee previously drew the Government’s attention to the need to amend section L6(2) of the Labour Code, under the terms of which “work required in the public interest by legislative provisions relating to participation in development” is not regarded as forced or compulsory labour. This provision is not in conformity with Article 1(b) of the Convention, which prohibits the use of forced labour as a method of mobilizing and using labour for purposes of economic development.

The Committee notes the Government’s indication in its report that the Bill to amend the Labour Code is still under consultation between the Government and the social partners, and has therefore still not been adopted. The Committee also notes that, in its report on the application of the Forced Labour Convention, 1930 (No. 29), the Government indicates that it plans to re-establish national service for young persons. The Committee notes in this regard, according to the communiqué of the Council of Ministers of 2 December 2015, which is available on the Government’s official website, that the Council of Ministers adopted a Bill to repeal and replace Act No. 83-27/AN-RM of 15 August 1983 introducing national service for young persons. The communiqué specifies that the introduction of national service for young persons will contribute to completing the education and physical, civic and vocational training of young persons with a view to their effective and full participation in the economic, social and cultural development of the country and their mobilization for the needs of national defence. This service will be compulsory for all young persons in Mali.

The Committee recalls that any legislation which provides for the compulsory participation of young persons, within the framework of compulsory military service or in place of such service, in activities for the economic development of the country is incompatible with Article 1(b) of this Convention, and with Article 2(a) of Convention No. 29. The Committee requests the Government to provide a copy of the Act to repeal and replace Act No. 83-27/AN-RM of 15 August 1983 introducing the national service for young persons. It requests it to: provide detailed information on the operation of the national service for young persons; specify the number of persons recruited, the nature and duration of their compulsory service; describe the manner in which the obligations are articulated in relation to the needs of national defence and those relating to participation in the economic development of the country; and indicate the penalties imposed in the event of refusal to fulfil the obligations related to the national service for young persons. The Committee also requests the Government to take the necessary measures for the amendment of section L6(2) of the Labour Code so as to ensure its conformity with Article 1(b) of the Convention, which does not allow the use of forced labour as a method of mobilizing and using labour for purposes of economic development.

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Article 1(b) of the Convention. Labour or services exacted for purposes of participation in economic development. The Committee recalls that, under the terms of section L6(2) of the Labour Code, work required in the public interest by legislative provisions on participation in development is not considered to be forced or compulsory labour. It previously emphasized that this provision is contrary to Article 1(b) of the Convention, which prohibits the exaction of labour as a method of mobilizing and using labour for purposes of economic development. The Committee notes the Government’s indication that the Council of Ministers adopted a Bill on 8 May 2013 to amend the Labour Code with a view to bringing its provisions into conformity with the international standards ratified. The Bill has to be adopted by the National Assembly and promulgated by the President of the Republic. The Committee hopes that the Bill to amend the Labour Code will soon be adopted with a view to amending section L6(2) of the Labour Code, thereby ensuring the conformity of this provision with the Convention, which prohibits the exaction of labour as a method of mobilizing and using labour for purposes of economic development.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(b) of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision, “work required in the public interest by legislative provisions on … participation in development” is not considered to be forced or compulsory labour. In accordance with Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In previous reports, the Government indicated that the provisions of section L6(2) of the Labour Code had never been applied in practice and that no decree or order had been adopted to give effect to them. It indicated that it would take steps, in the context of a review of the Labour Code, to ensure compliance with the Convention on this point.

The Committee notes the information provided by the Government that the provisions concerned have been removed from the draft revision of the Labour Code. The Committee trusts that the draft will be adopted in the near future and that the Government will be able to supply information on the progress made in its next report. Please provide a copy of the text amending the Labour Code.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(b) of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision, “work required in the public interest by legislative provisions on … participation in development” is not considered to be forced or compulsory labour. In accordance with Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In previous reports, the Government indicated that the provisions of section L6(2) of the Labour Code had never been applied in practice and that no decree or order had been adopted to give effect to them. It indicated that it would take steps, in the context of a review of the Labour Code, to ensure compliance with the Convention on this point.

The Committee notes the information provided by the Government that the provisions concerned have been removed from the draft revision of the Labour Code. The Committee trusts that the draft will be adopted in the near future and that the Government will be able to supply information on the progress made in its next report. Please provide a copy of the text amending the Labour Code.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(b) of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision, “work required in the public interest by legislative provisions on … participation in development” is not considered to be forced or compulsory labour. In accordance with Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In previous reports, the Government indicated that the provisions of section L6(2) of the Labour Code had never been applied in practice and that no decree or order had been adopted to give effect to them. It indicated that it would take steps, in the context of a review of the Labour Code, to ensure compliance with the Convention on this point.

The Committee notes the information provided by the Government that the provisions concerned have been removed from the draft revision of the Labour Code. The Committee trusts that the draft will be adopted in the near future and that the Government will be able to supply information on the progress made in its next report. Please provide a copy of the text amending the Labour Code.

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Article 1, subparagraph b, of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision, “work required in the public interest by legislative provisions on … participation in development” is not considered to be forced or compulsory labour. In accordance with Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In previous reports, the Government indicated that the provisions of section L6(2) of the Labour Code had never been applied in practice and that no decree or order had been adopted to give effect to them. It indicated that it would take steps, in the context of a review of the Labour Code, to ensure compliance with the Convention on this point.

The Committee notes the information provided by the Government in its latest report that the provisions concerned have been removed from the draft revision of the Labour Code. The Committee trusts that the draft will be adopted in the near future and that the Government will be able to supply information on the progress made in its next report. Please provide a copy of the text amending the Labour Code.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(b) of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision “all work required in the public interest by legislative provisions on … participation in development” is not considered to be forced or compulsory labour. Pursuant to Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development.

In its last report, the Government reaffirms that the provisions of section L6(2) of the Labour Code have never been applied in practice and that no decree or order has been adopted to give effect to them. It states that the announced review of the Labour Code has not yet taken place but that, during the course of a review in the near future, it will do everything possible to ensure compliance with the Convention on this point. The Committee takes note of this information. It hopes that, in the near future, the Government will take all the necessary steps to amend the provisions of section L6(2) of the Labour Code in order to ensure their compliance with the Convention. Please provide copies of any texts adopted to this end.

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Article 1(b) of the Convention. Labour or services exacted for purposes of economic development. In its previous comments, the Committee drew the Government’s attention to the fact that section L6(2) of the Labour Code was not in conformity with the Convention. According to this provision "all work required in the public interest by legislative provisions on … participation in development" is not considered to be forced or compulsory labour. Pursuant to Article 1(b) of the Convention, the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development.

In its last report, the Government reaffirms that the provisions of section L6(2) of the Labour Code have never been applied in practice and that no decree or order has been adopted to give effect to them. It states that the announced review of the Labour Code has not yet taken place but that, during the course of a review in the near future, it will do everything possible to ensure compliance with the Convention on this point. The Committee takes note of this information. It hopes that, in the near future, the Government will take all the necessary steps to amend the provisions of section L6(2) of the Labour Code in order to ensure their compliance with the Convention. Please provide copies of any texts adopted to this end.

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1. Article 1(b) of the Convention. Participation in development. The Committee notes that section L6 of the Labour Code establishes an unqualified prohibition of forced or compulsory labour. However, pursuant to subsection 2, the prohibition does not include "all work required in the public interest by legislative provisions on … participation in development". The Committee previously drew the Government’s attention to the fact that this provision of the Labour Code was inconsistent with the Convention. A State which ratifies the Convention undertakes, pursuant to Article 1(b), to suppress and not to make use of any form of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development.

In its report sent in 2002, the Government undertakes to do its utmost, in the course of a forthcoming re-reading of the Labour Code, to secure observance of the Convention on this point. The Government adds that, in practice, the provisions of section L6(2) of the Labour Code have never been applied and that no decree or order has been adopted to regulate them. The Committee requests the Government to supply information in its next report on any progress made in harmonizing the provisions of section L6(2) of the Labour Code with the Convention and to send copies of any texts adopted to this end.

2. The Committee notes the information supplied by the Government on the abolition of national service for young people.

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1. Article 1(b) of the Convention. National Youth Service. The Committee noted earlier that, according to the Government, Act No. 82-87 of 15 August 1983 concerning the National Youth Service had been repealed and requested the Government to supply a copy of the text repealing the Act. The Committee notes that no such text was attached to the Government’s latest report and requests the Government to supply a copy of the repealing text so that it can ensure conformity of national legislation with the Convention on this matter.

2. Participation in development. In its previous comments, the Committee referred to section L6.2 of the Labour Code under which the expression "forced labour" does not include work of public interest required by virtue of legislative provisions concerning the organization of defence, establishment of a national service or participation in development. The Committee noted that in ratifying the Convention the State undertakes to suppress and not to make use of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development. The Committee requests the Government to indicate the measures taken or contemplated to ensure compliance with the Convention on this matter.

The Committee also requests the Government to supply information on the implementing texts of section L6.2 of the Labour Code and in particular on the requirements concerning labour imposed for purposes of economic development, the forms of such participation and the number of persons concerned.

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With reference to its previous comments on youth national service, established under Act No. 83-27 of 15 August 1983, the Committee takes due note of the Government's statement in its report that this service, which is covered by the above Act, no longer exists, that the Government took the decision in 1992 to abolish the system and that since then young graduates have been recruited by the public service and made available to the respective departments in accordance with the general conditions of service of the public service. The Committee requests the Government to provide a copy of the text repealing the above Act.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the National Youth Service established by Act No. 83-27 of 15 August 1983, the Committee notes that, according to the Government's report, the National Youth Service has not been operating in the same way since 1991, that the Service now forms part of the structures of the national armed forces and that this form of the use of young workers contributes less to development work than to national defence.

The Committee notes this information, as well as section 5 of the Labour Code of 1992, under which the term forced or compulsory labour does not include "any work of public interest exacted under legal provisions respecting the organization of the defence, the establishment of a national service or participation in development".

The Committee notes once again that, on ratifying the Convention, States undertake to suppress and not to make use of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee once again requests the Government to provide a copy of Act No. 83-27 of 15 August 1983 respecting the National Youth Service and to provide information on the objectives and organization of the Service, and particularly the number of persons recruited, the nature and duration of the work performed and the penalties imposed in cases of violations.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the National Youth Service established by Act No. 83-27 of 15 August 1983, the Committee notes that, according to the Government's report, the National Youth Service has not been operating in the same way since 1991, that the Service now forms part of the structures of the national armed forces and that this form of the use of young workers contributes less to development work than to national defence.

The Committee notes this information, as well as section 5 of the Labour Code of 1992, under which the term forced or compulsory labour does not include "any work of public interest exacted under legal provisions respecting the organization of the defence, the establishment of a national service or participation in development".

The Committee notes once again that, on ratifying the Convention, States undertake to suppress and not to make use of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee once again requests the Government to provide a copy of Act No. 83-27 of 15 August 1983 respecting the National Youth Service and to provide information on the objectives and organization of the Service, and particularly the number of persons recruited, the nature and duration of the work performed and the penalties imposed in cases of violations.

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With reference to its previous comments on the National Youth Service established by Act No. 83-27 of 15 August 1983, the Committee notes that, according to the Government's report, the National Youth Service has not been operating in the same way since 1991, that the Service now forms part of the structures of the national armed forces and that this form of the use of young workers contributes less to development work than to national defence.

The Committee notes this information, as well as section 5 of the Labour Code of 1992, under which the term forced or compulsory labour does not include "any work of public interest exacted under legal provisions respecting the organization of the defence, the establishment of a national service or participation in development".

The Committee notes once again that, on ratifying the Convention, States undertake to suppress and not to make use of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee once again requests the Government to provide a copy of Act No. 83-27 of 15 August 1983 respecting the National Youth Service and to provide information on the objectives and organization of the Service, and particularly the number of persons recruited, the nature and duration of the work performed and the penalties imposed in cases of violations.

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Article 1(b) of the Convention. In its last report received in November 1992 the Government refers to section 5 of the Labour Code and indicates that the term "forced labour" does not apply to the use of labour for the purpose of economic development or to any work which is in the public interest, or recognized as such, and whose purpose is to establish a national service.

The Committee notes that in its report on the application of Convention No. 29 the Government refers to article 19 of the Constitution of 25 February 1992, which stipulates that work is a duty for all citizens, but specific jobs may only be imposed for the performance of an exceptional service in the general interest, equal for all, under conditions determined by law. It adds that such a service is excluded by the Labour Code from the definition of forced or compulsory labour. The Government refers to the National Youth Service (established by Act No. 83-27/AN-RM of 15 August 1983), and indicates that young people have not regarded the tasks and duties required of them as forced labour.

The Committee observes that, on ratifying the Convention, States undertake to suppress and not to make use of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development.

The Committee asks the Government to provide a copy of Act No. 83-27 of 15 August 1983 together with particulars of the objectives and organization of the National Youth Service, in particular the number of young people recruited, the nature and duration of the tasks performed, the sanctions imposed for infringements and any other information it deems useful in the light of the provisions of the Convention.

In this connection, the Government will no doubt wish to refer to the provisions of the Special Youth Schemes Recommendation (No. 136) which provides a number of clarifications on the relationship between programmes enabling young people to contribute to their countries' economic development and the Conventions on forced labour. The Committee gave more detailed information on this matter in paragraphs 24 to 33 and 49 to 62 of its General Survey of 1979 on the Abolition of Forced Labour.

The Committee also asks the Government to provide a copy of the new Labour Code.