Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Mali (Ratification: 2002)

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. 1. Scope. The Committee previously asked the Government to provide information on how the protection laid down in the Convention was ensured for children not covered by an employment relationship, such as self-employed children. The Committee notes the information sent by the Government according to which self-employed children of 15 years of age may be informed by the labour inspector of the risks involved in their work or the social security measures provided for in the event of occupational accidents. These children benefit from the same protection as those covered by an employment contract, in pursuance of the Constitution, the Child Protection Code and all other child protection measures. The Committee asks the Government to provide information on the steps taken or envisaged to enable labour inspectors to target children carrying out an economic activity on a self‑employed basis, thereby ensuring that all children receive the protection afforded by the Convention.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under article 20(b) of the Child Protection Code all children have the right to work as from 15 years of age, in accordance with the minimum wage specified by the Government upon ratifying the Convention. It noted, however, that pursuant to article L.187 of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 14 years, except with a written waiver issued by order of the Minister of Labour. The Committee also noted that article D.189-23 of Decree No. 96‑178/P‑RM of 13 June 1996 implementing the Labour Code lists the loads that children from 14 to 17 years may not carry, drag or push, according to type of transport apparatus, the weight of the load and the sex of the child. It asked the Government to take the necessary steps to bring the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 into line with the Convention and to prohibit the employment of children under the age of 15 years. The Committee notes the Government’s indication that it undertakes to take the necessary steps to review article L.187 of the Labour Code, which will “lead to the raising of the minimum age for admission to employment”. The Committee hopes that the Government will, in the very near future, take the necessary steps to bring the Labour Code and Decree No. 96-178/P-RM of 13 June 1996 into line with the Child Protection Code and the Convention and prohibit work by children under the age of 15 years. The Committee asks the Government to provide information on any steps taken in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously noted that Decree No. 314/PGRM of 26 November 1981 regulated school attendance and that the age of completion of compulsory schooling in Mali was 15 years. It notes the information sent by the Government according to which the implementation of phase II of the Sectoral Investment Programme for the Education Sector (PISE) is to increase the number of classes and teachers in the poorest regions and improve access to schooling for thousands of children, particularly in rural areas. Furthermore, according to the Government, the coverage of the education system has significantly improved over recent years. The Committee notes, however, that according to the national survey report on child labour prepared in 2005, 41 per cent of children aged from 5 to 14 years are engaged in full-time economic activity, 25 per cent combine work and study and 17 per cent only go to school. The net school attendance rate for primary education (7–12 years) for 2004–05 was 56.7 per cent, which is to say 48.9 per cent for girls and 64.8 per cent for boys, while the rate for secondary education (13–15 years) was 20.6 per cent, that is 15.4 per cent for girls and 26.0 per cent for boys. The Committee notes that, within the framework of the ILO/IPEC project on the abolition of child labour in French-speaking Africa, an action programme has been launched focusing on vocational training and apprenticeships for children. The Committee notes that, according to the information provided, the Government is aware that child labour is performed to the detriment of schooling and that it will continue its efforts to ensure that education is received by a greater number of children.

The Committee is concerned by the very low levels of school attendance in Mali. It notes that poverty is one of the main reasons for child labour, and that this, combined with an inefficient education system, impedes child development. Given that education is one of the most effective means of combating child labour, the Committee encourages the Government to continue its efforts in this field, particularly by stepping up its measures to enable child workers to enter the formal and informal schooling system, take up an apprenticeship or embark upon vocational training, thereby increasing school attendance levels and reducing the school drop-out rate. The Committee asks the Government to provide information on the measures taken to this end and on the results achieved in terms of increasing school attendance and reducing the drop-out rate. The Committee once again asks the Government to provide a copy of Decree No. 314/PGRM of 26 November 1981.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes the information sent by the Government according to which a draft Order on hazardous work is currently being prepared. The Committee asks the Government to provide a copy of the Order once it has been adopted.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee previously noted that certain provisions of Decree No. 96‑178/P-RM of 13 June 1996 allow children to be employed in hazardous work from the age of 16: article D.189-24 (boys over 16 years of age in underground galleries, mines and quarries); article D.189-26, paragraph 4 (allowing children of over 15 or 16 years of age to operate bandsaws and circular saws subject to prior written authorization from the labour inspector); article D.189-29 (allowing children of 16 years and over to perform work involving vertical wheels, winches or pulleys; steam valves; to work as doublers in workshops where wire rods are laminated and drawn; to perform work involving the use of suspended scaffolds); and article D.189-31, paragraph 2 (children over 16 years of age under specific conditions in a certain number of establishments). The Committee asked the Government to send information on the measures taken to ensure that hazardous work by young persons of 16 to 18 years may be authorized only as prescribed in Article 3, paragraph 3, of the Convention. In its report, the Government states that the authorization of the labour inspector, which is required to employ young persons of 16 to 18 years, is a guarantee that these types of hazardous work are performed in healthy, safe and moral conditions. The labour inspector is in fact obliged to ensure all such conditions before issuing this authorization. While taking note of this information, the Committee reminds the Government that pursuant to Article 3, paragraph 3, of the Convention, in addition to the obligation to fully ensure the health, safety and morals of children, children must also have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee asks the Government to indicate the manner in which this condition is met.

Article 4. Exclusion from application of the Convention of limited categories of employment or work. Further to its previous comments, the Committee notes the information sent by the Government according to which it has not availed itself of the possibility to exclude certain categories of employment or work from the application of the Convention and no consultations have been scheduled to examine this matter, given that the sector concerned would be agriculture, including family agriculture, and it seems risky to make an exclusion in a sector which is the main sector in which children are employed.

Article 7. Light work. In its previous comments, the Committee noted that article 189-35 of Decree No. 96-178/P-RM of 13 June 1996 allows exceptions from the minimum age for admission to employment provisions in the case of boys and girls of at least 12 years of age for domestic work and light work of a seasonal nature, such as harvesting and sorting in plantations. The Committee asked the Government to take the necessary steps to bring national laws and regulations into line with the Convention, to allow children to be employed in light work only from the age of 13 years and to indicate the activities in which light work by children may be permitted. The Committee notes the information sent by the Government according to which it has undertaken to raise the minimum age for domestic work and light work of a seasonal nature from 12 years to 13 years. It also notes that a draft Order is currently being prepared in order to determine light work activities and the conditions for the performance of such work. The Committee hopes that this Order will soon be adopted. It asks the Government to provide information on any progress made in this respect and to supply a copy of the Order once it has been adopted.

Article 1 and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the national survey report on child labour, prepared in 2005 by the National Directorate for Statistics and Information (DNSI) in collaboration with the National Labour Directorate and ILO/IPEC/SIMPOC. According to this report, around two children out of three aged from 5 to 17 years are economically active in Mali, i.e. just over 3 million girls and boys. Of this number, almost 2.4 million children from 5 to 14 years work, i.e. 65.4 per cent of children from 5 to 14 years. This phenomenon affects both girls and boys, in rural areas and in towns. The Committee notes that the phenomenon is more widespread in rural areas (68 per cent of 5 to 14 year olds) than in urban areas (59 per cent of 5 to 14 year olds). Some 93 per cent of economically active 5 to 14 year olds perform harmful or dangerous work, which corresponds to 60 per cent of children in that age group. The Committee notes that according to the report the main sector for child employment is agriculture, in which one child out of six works.

The Committee also notes that, according to the 2007 activity reports concerning the ILO/IPEC project on the abolition of child labour in French-speaking Africa, a certain number of activities have been carried out, including activities to mobilize communities and raise their awareness in respect of the problem of child labour, which includes domestic work and child labour in the cotton industry and the informal sector. Moreover, action programmes have been launched targeting the work of girls employed as domestic servants and work in urban areas, as well as child labour on gold panning sites and in agriculture. The Committee notes with interest that around 19,245 children and 2,150 families have benefited directly from activities under the project and that around 2,260 children have been prevented from taking up exploitative work or removed from such activity. The Committee also notes that in 2006 Mali launched a Time‑bound Programme (TBP) on the worst forms of child labour, in collaboration with ILO/IPEC. It notes that the areas of intervention covered by the TBP are most notably mines and quarries, agriculture and cottage industries, the urban informal economy and domestic work.

The Committee notes the information provided by the Government according to which, in order to combat child labour on a permanent basis, action must be taken to target the main cause of the premature engagement of children in work, which is poverty. Poverty has unfortunately become a structural phenomenon which must be reduced by every possible means in order for the action taken to combat child labour to be effective. In this respect, the Committee notes the Government’s information indicating that a Strategic Framework to Combat Poverty (CSLP) has been adopted which takes into account the problem of child labour in the form of cross-cutting issues, and integrates the matter into the global framework of the improvement of the situation of children and the role of the family. The Committee greatly appreciates all the steps taken by the Government to abolish child labour, steps which it views as an affirmation of the political will to develop strategies to combat this problem. The Committee is nevertheless concerned about the situation of young children in Mali who are compelled to work. The Committee therefore strongly encourages the Government to continue its efforts to combat child labour and requests that it provide information on the implementation of the projects mentioned above and the results achieved in terms of the progressive abolition of child labour. The Committee also asks the Government to indicate how many children have been removed from the areas of intervention covered by the TBP, namely mines and quarries, agriculture and cottage industries, the urban informal economy and domestic work.