Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, denouncing pressure exerted on trade unions following strikes, including the suspension of the deduction of trade union dues and the dismissal of workers, in the dairy and hotels sectors. The Committee also notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), received on 7 September 2017, denouncing massive anti-union dismissals in several sectors, and the lack of will by the authorities to enforce court reinstatement orders for workers unfairly dismissed for their trade union activities in the mining sector. The Committee requests the Government to provide its comments in reply to the observations of the ITUC and the CSTM.

Articles 2 and 3 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. The Committee notes the adoption of Act No 2017-021 of 12 June 2017 amending the Labour Code. In particular, its notes with interest that the Act amends, in the sense requested by the Committee, the provisions of sections L.229 (the deletion of provisions allowing the Minister of Labour to refer certain disputes liable to “jeopardize the normal operation of the national economy or involving a vital industrial sector” to compulsory arbitration) and L.236 (deletion of provisions prohibiting minors over 16 years of age from joining trade unions without the prior authorization of their father, mother or guardian) of the Labour Code, on which it had been commenting for many years.

The Committee also requests the Government to report any new draft to revise Decree No. 90-562 P-RM of 22 December 1990 establishing a list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in the event of a strike in public services, and to ensure that the representative organizations of the workers concerned are consulted in this regard, and to provide any proposed or agreed-upon list of such services, positions and categories.