Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee recalls that its previous comments concerned the need to amend section L.236 of the Labour Code which provides that the father, mother or guardian of a minor over 16 years of age may oppose their joining a trade union. The Committee notes the Government’s indication that the draft revision of the Labour Code, which is still under examination, sets out the following wording: “minors aged 15 years may join trade unions, without the prior authorization of their father, mother or guardian”. The Committee trusts that that Government’s next report will indicate the adoption of this new provision.

Article 3. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that its previous comments related to the need to amend section L.229 of the Labour Code, under the terms of which the Minister of Labour may refer certain disputes to compulsory arbitration, not only when they involve essential services the interruption of which could endanger the life, personal safety or health of the population, but also when the dispute is likely to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes the Government’s reply that the draft revision of the Labour Code, which is still under examination, now provides that the Minister of Labour may only refer a case to the Arbitration Board at his or her sole initiative in the following cases: (i) in the event of an acute national crisis; and (ii) where the dispute concerns an essential service. The Committee trusts that the Government’s next report will indicate the adoption of this new provision.

The Committee also previously requested the Government to indicate any further decree amending Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in the event of a strike in the public services. The Committee notes the indication that a draft decree was adopted by the Council of Ministers in June 2010; however, following the reservations expressed by the Confederation of Workers’ Unions of Mali on certain of the categories set out in the new text, the Government decided to review the text in question. The Committee requests the Government to report any developments in this regard.