Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Mali (Ratification: 1968)

Articles 1 and 2 of the Convention. Gender pay gaps. Occupational segregation. The Committee recalls that in its previous comments it requested the Government to provide information on the steps taken to combat the occupational segregation of men and women, including measures to increase women’s presence in occupations or sectors of the economy where men predominate, to encourage the advancement of women to managerial posts and to combat sexist stereotypes regarding women’s occupational aspirations and capabilities. In its report, the Government indicates that there is no legislative provision that discriminates between men and women regarding their inalienable right to work and remuneration. The Committee reminds the Government that the existence of appropriate domestic legislation is a necessary prerequisite, but is not sufficient for the effective application of the principles of the Convention. It is also important that the law be fully and strictly applied in practice. In this regard, the Committee notes that, in its 2019 report to the United Nations Commission on the Status of Women (CSW64, Beijing+25), the Government recognizes that among the obstacles faced by women in terms of growth and development is segregation in the labour market. It indicates that only 28.3 per cent of employed women are wage earners (in kind or cash) compared to 55.7 per cent of men, and that Malian women earn more than their husbands in only 5.2 per cent of households where both spouses are wage earners. It adds that women’s low skills levels or the jobs they perform, the disparities in time spent on market economic activities (as opposed to non-market economic activities, for example domestic work such as carrying water or wood, cooking or subsistence farming), under-employment and precarious jobs mean that women are penalized in several areas vis-à-vis men, particularly in terms of equal pay. Recalling once again that one of the underlying causes of the gender pay gap is occupational segregation, the Committee requests the Government to provide information on the specific steps taken to combat occupational gender segregation in order to promote an occupational gender balance, such as the periodic launching of awareness-raising campaigns against sexist stereotypes of women’s occupational capabilities and aspirations; guidance (and support) for girls, at school, university and in career levels, regarding sectors with high earnings potential; women’s progression towards leadership posts; and the revaluation of jobs held predominantly by women.

Article 2. Equal remuneration for work of equal value. Collective agreements. Legislation. In its previous comment, the Committee requested the Government to amend section L.79 of the Labour Code, which determines the compulsory content of collective agreements (and refers to the narrower concept of “equal work”) in order to incorporate the concept of “work of equal value”, introduced by the new section L.95 in 2017. The Committee also requested the Government to take steps to ensure, in collaboration with the social partners, that the provisions of collective agreements also refer to the principle of equal remuneration for men and women for work of equal “value” enshrined in the Convention. The Government indicates to the Committee that this matter will be examined at the next review of the Labour Code. The Committee requests the Government to provide information on any developments in this regard. In the meantime, in order to avoid conflicts between recently concluded collective agreements and the new section L.95 of the Labour Code, the Committee requests the Government to take steps, in collaboration with the social partners, to ensure that these collective agreements refer to the principle of equal remuneration between men and women for work of equal “value”. It also requests it to provide a copy of the provisions concerning equal pay between men and women included in collective agreements concluded after 2017.

Article 3. Objective job evaluation. The Committee recalls that, further to the harmonization of section L.95 of the Labour Code with the Convention (Act No. 2017-021 of 12 June 2017, amending Act No. 92-020 of 23 September 1992), it requested the Government to: (i) adopt measures to promote awareness among workers, employers and their respective organizations, labour inspectors and judges of the application of the principle of equal pay for men and women for work of equal “value”; (ii) promote the development and use of objective job evaluation methods which are free of any gender bias in collaboration with workers’ and employers’ organizations; and (iii) provide information on all progress made and any difficulties encountered in this regard. The Government indicates that activities to publicize and raise awareness of the principle of the Convention are planned for the near future – dependent on finances – and also that it has taken due note of the Committee’s request regarding the need to develop and apply objective job evaluation methods in collaboration with the social partners. Recalling that the concept of “work of equal value” is the cornerstone of the Convention and that it requires the adoption of a method of measuring and comparing the relative value of different jobs, the Committee requests the Government to provide information on the progress achieved and the difficulties met in developing and applying an objective job evaluation method which is free of any gender bias in collaboration with the social partners. It also requests the Government to provide information on any activity carried out to raise awareness of the principle of equal pay between men and women for work of equal “value”, enshrined in the new section L.95 of the Labour Code.