Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Mali

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1964)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report, referring to the obligations under Articles 1, 4 and 5 of Convention No. 150.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Further duties entrusted to labour inspectors. Further to its previous comment, the Committee notes the Government’s indication in its report that the labour inspection services devote more time to conciliation services for collective and individual disputes than to discharging their primary duties, as set out in Article 3(1) of the Convention. The Government indicates that, more generally, the human, material and financial resources allocated to the inspection services are insufficient to carry out their primary duties. It specifies that there are no financial resources dedicated to conciliation meetings on individual and collective disputes at the level of regional inspectorates and that the financial resources allocated to the management of these disputes at the national level in the private sector are intended for the reimbursement of travel and meal expenses of participants and other meeting practicalities. The Committee further notes that the labour inspection system does not provide for a strict allocation of human resources in line with the functions of the inspectorate and that, in practice, all labour inspectors and controllers can carry out conciliation and monitoring functions in enterprises on an alternate basis. Lastly, the Committee notes that, according to statistical data collected in the 2020 annual report of the National Labour Directorate (DNT), the number of individual disputes settled through conciliation (1,337 disputes) remains high compared to the total number of inspections carried out in 2020 (803), although the gap has narrowed compared to 2018 (1,547 disputes). The Committee therefore requests the Government to take the necessary measures to ensure that, in line with Article 3(2), duties other than the primary duties entrusted to labour inspectors are not an obstacle to the discharge of the latter and to provide information on any progress made in this regard.

Articles 6, 7(1), and Articles 10, 11 and 16. Status and conditions of service of labour inspectors. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. Further to its previous comment, the Committee notes the Government’s indication that the objectives of the plan to strengthen the labour services comprise: (i) providing the Cabinet of the Labour Ministry with vehicles; (ii) providing the DNT and the Regional Labour Directorate (DRT) with cars and motorcycles; (iii) building premises for the DRT in Taoudéni and Ménaka, and completing and equipping the DNT and DRT premises in Kidal and Tombouctou; (iv) increasing labour services personnel; (v) increasing the operational budgets; and (vi) training labour inspectors and controllers. The Committee notes that the draft plan to strengthen the labour services is awaiting adoption in the legislative process and must be revised to facilitate the operationalization of the newly established regions of Bougouni, Dioïla, Koutiala, San and Nioro du Sahel. In addition, the Committee notes that centres have been built and equipped for the DRT of Kayes, Sikasso, Ségou, Mopti and Gao, and construction is underway for the DRT of Timbuktu and Kidal. It also notes that the active personnel of the labour inspection services includes 55 labour inspectors, 36 labour controllers, five human resources administrators and 84 support staff. The Committee requests the Government to provide further information on the implementation of the plan to strengthen the labour services, as well as on the progress made and the objectives achieved in practice, in particular with regard to material resources (vehicles, premises and equipment), financial resources (operational budgets allocated), and human resources (recruitment of qualified labour inspectors). It also requests the Government to specify whether the plan includes objectives concerning the conditions of service for inspectors and to provide further information on this matter.

Article 7(3). Training of labour inspectors. Further to its previous comment, the Committee notes the detailed information provided by the Government on the training organized as part of capacity building for labour inspectors, including the content, number of participants and duration. It notes, in particular, that labour inspectors received training on international labour standards, social dialogue, combating child labour, the COVID-19 workplace checklist, inspection techniques, labour statistics, combating trafficking in persons and preparing international labour standards reports. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including within the framework of the plan to strengthen the inspection services.

Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comment, the Committee notes the Government’s indication that no formal system is in place to collect, analyse and process statistical information on occupational accidents and diseases but that statistical information on industrial accidents is collected within the labour inspection services, on the basis of reports of industrial accidents submitted by employers, and following investigations and inspections conducted by labour inspectors. Various information received in that regard is compiled in the annual report on DNT activities. In this regard, the Committee notes the statistics contained in the 2020 annual report of the DNT, according to which 244 cases of industrial accidents were recorded in 2020, 233 of which were subject to statutory investigations. The Committee notes that, according to the annual reports of the DNT, no cases of occupational diseases were reported by employers to the labour inspection services between 2018 and 2020. In this respect, the Committee notes that under the terms of section 176 of the Labour Code, the employer is required to notify the labour inspectorate within 48 hours of any industrial accident or occupational disease detected in the enterprise. The Committee therefore requests the Government to provide an evaluation of the reasons for the lack of notifications of occupational diseases, and to provide information on cases of employers who have not complied with their obligation to notify cases of occupational diseases. The Committee also requests the Government to provide detailed information on the procedure for notifying and recording cases of occupational disease. The Committee also requests the Government to provide statistics, in particular on inspections regarding the conditions of safety and health in the establishments, specifying the offences (with an indication of the provision they fall under) or shortcomings identified, the measures taken by the inspectors in relation to these and the penalties imposed. The Committee also refers to its comments on the Occupational Safety and Health Convention, 1981 (No. 155) and the Protocol of 2002, concerning actions taken by the National Social Protection Institute with regard to occupational safety and health and on the publication of statistics concerning industrial accidents and occupational diseases.

Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee notes the 2020 annual report of the DNT, which was provided by the Government and contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee notes the Government’s indication that measures will be taken to ensure that future DNT reports contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (sanctions imposed) and (g) (statistics on occupational diseases). The Committee requests the Government to continue publishing and communicating annual reports to the ILO on the activities of the labour inspection services, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Effective operation of the labour administration system and coordination of its functions. The Committee previously noted the Government’s indication that the departments that make up the labour administration ensure coordination of their own services but there is an absence of a single coordination system. The Committee notes the Government’s indication that the labour administration system comprises the Ministry of Labour, Public Service and Social Dialogue, the Ministry of National Entrepreneurship, Employment and Vocational Training, and the Ministry of Health and Social Development. The Government indicates that there is close cooperation among the structures of the labour administration system so as to give effect to the provisions of the Convention. In practice, the coordination of functions and responsibilities falls within the work of the Government, through interministerial meetings and the Council of Ministers. In addition, coordination is ensured to some degree by the Ministry of Labour, Public Service and Social Dialogue, particularly on issues relating to the administration and management of public employees, social dialogue, conflict management, as well as bilateral and multilateral cooperation in the area of labour. In this regard, the Committee notes the CNPM’s observations that there is a problem with consistency in the Government’s claims that there is close collaboration among the structures of the administration system but that there is no formal framework for coordinating the functions and responsibilities of the inspection system, aside from the Council of Ministers and interministerial meetings. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests it to provide further information on the manner in which these functions and responsibilities, which are entrusted to various bodies responsible for labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. Further to its previous comment, the Committee notes the Government’s indication that representative employers’ and workers’ organizations participate in the process of consultation, negotiation and cooperation with the public authorities, particularly through their representation on the Economic, Social and Cultural Council, Higher Labour Council, Higher Public Service Council, joint administrative committees, negotiation and conciliation committees, Arbitration Council, as well as in tripartite meetings and committees as part of obligations relating to international labour standards. The Government also indicates that the draft decree on the establishment of the National Social Dialogue Council is in the process of adoption by the Government. In this connection, the Committee notes the CNPM’s observations that no draft for the establishment of this body has been submitted to the CNPM to date, and that the matter has been referred for consideration to the social conference. The Committee requests the Government to provide information on developments to the process of adoption of the decree on the establishment of the National Social Dialogue Council, and on consultations held on this subject. It requests the Government to provide a copy of the decree in question once it has been adopted.

Article 10(2). Material means and financial resources available to the staff of the labour administration. Further to its previous comment, the Committee notes the Government’s indication that, as part of improvements to the conditions of service of the staff of the labour administration, new premises were built and equipped in 2017 and 2018 to house the DNT with an adequate internet connection. The Government also indicates that the Ministry of Labour will continue to advocate an increase in the budget allocated to labour services in order to enable them to discharge their duties. Furthermore, it indicates that the material conditions should improve following the adoption of the plan to strengthen the labour services (vehicles, motorbikes etc.). The Government also indicates that, with regard to increasing the numbers of qualified staff in the labour administration, eight labour and social security administrators were provided to the labour services in October 2020, following their initial training at the National School of Administration in 2018–2020. In addition, after their recruitment in 2019, four interns from the labour and social security administrator staff started their initial two-year training in early 2021. The Committee requests the Government to continue to provide information on the measures adopted or envisaged to ensure that labour administration personnel are provided with the material means and the financial resources necessary for the discharge of their duties, particularly within the framework of the draft plan to strengthen the labour services.