Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mali (Ratification: 1960)

The Committee notes the information supplied by the Government in its report. It recalls that its previous comments concerned the following points:

- the request to communicate the Decree to fix the procedure for giving effect to the right of public servants to organise;

- sections 278 and 280 of the Labour Code permitting the Minister of Labour to ask the Council of Ministers to make arbitration awards binding in disputes that are likely to jeopardise the normal running of the national economy or that affect a vital sector of occupations, thus prohibiting a strike as soon as an award by the Arbitration Board becomes enforceable.

1. The Committee notes, from the Government's report, that the Decree to fix the procedure for giving effect to the right of public servants to organise, provided for in section 19 of Ordinance No. 77-71/CMLN of 16 December 1977, issuing the general conditions of service of public servants, has not yet been adopted.

However, the Committee notes with interest Bill No. 87-46 AN-RM of 4 July 1987, to repeal and replace section 19 of the general conditions of service of public servants, which confirms the right to organise of public servants and recognises their right to strike in defence of their collective occupational interests. It requests the Government to indicate the date of the coming into force of this text.

2. The Committee notes that the Government's report contains no information on the point raised in its previous request concerning compulsory arbitration.

In its previous request, the Committee noted with interest the Government's statement to the effect that section 278 of the Labour Code was the subject of close examination by the national committee set up to study the provisions of the Labour Code with a view to their amendment. It noted that the results of the work already considered by the Labour Board would be submitted very shortly to the Council of Ministers and would be communicated to the ILO as soon as they were adopted by the National Assembly.

In this connection, the Committee once again reminds the Government that the Minister of Labour should only be able to apply to the Council of Ministers to have an arbitration award made enforceable and thus prohibit or restrict recourse to strikes in three circumstances: (1) where a strike affects an essential service in the strict sense of the term, that is a service whose interruption would endanger the life, personal safety or health of the whole or part of the population; (2) where a strike is called by public servants acting in their capacity as agents of the public authority; and (3) in the event of an acute national crisis.

The Committee once again expresses the hope that the Government will bring its legislation into conformity with the Convention in the near future.