Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Right of organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee had pointed out the need to amend section L.229 of the Labour Code of 1992 in order to limit the Ministry of Labour’s authority to impose arbitration in order to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also in cases where the dispute is liable to "jeopardize the normal operation of the national economy or involves a vital industrial sector". The Government stated previously in this connection that it had embarked on a revision of the Labour Code in which section L.229(2) would be worded: "For disputes involving essential services, the interruption of which would be likely to endanger the life, personal safety or health of the population, the Minister of Labour, in the event of disagreement of one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Tribunal binding". The Committee notes that in its report the Government states that every effort is being made to revise section L.229 and that in the context of bilateral cooperation, a re-reading of the Labour Code is under way. The Committee notes with interest that, according to the Government, the wording of new section L.229(2) will be the same as the wording above. The Committee hopes that the new wording will shortly be adopted and requests the Government to provide the amended text of this section as soon as it becomes law. It further requests the Government to explain the manner in which recourse may be had to arbitration for workers in essential services and the circumstances in which the arbitration award becomes legally binding.

In its previous comments, the Committee had also noted that the regulations on the maintenance of a minimum service were inconsistent with the provisions of the Convention and that the views of the social partners had not been sought in the formulation of Decree No. 90-562 P-RM of 22 December 1990, establishing the list of services, positions and categories of employees strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services. Noting that the Government’s report contains no reply to this comment, the Committee once again asks the Government to report on progress in the revision of the Decree of 1990 to determine, in full consultation with the social partners, the minimum services to be maintained in the event of a strike in the public services.

The Committee raises another matter in a request addressed directly to the Government.