Labour Relations (Public Service) Convention, 1978 (No. 151) - Mali (Ratification: 1995)

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

Article 1 of the Convention. Scope of application of the Convention. In its previous comments, the Committee asked the Government to clarify in what manner the staff of public bodies governed by their own regulations are covered by the guarantees provided for under the Convention. The Committee notes that the Government refers in this respect to sections 43, 44, 47, 49, 50 and 51 of Act No. 89-85/AN-RM of 1 November 1989 concerning the general regulations for staff in state companies and enterprises and the Malian staff of mixed economy companies, which grants them the rights provided for under the Convention.

Articles 4 and 5. Protection against anti-union discrimination and interference. In its previous comments, recalling that the General Civil Service Regulations contain no specific provisions on protection against anti-union discrimination and interference, the Committee requested the Government to adopt measures in this respect. The Committee notes once again with regret that the Government has taken no measures in this area. The Committee therefore feels bound to reiterate its request and trusts that the Government will take the necessary steps in the near future to ensure that the legislation includes explicit provisions providing adequate protection against anti-union discrimination for public employees and against all acts of interference by the public authorities in the formation, functioning and administration of public employees’ organizations, all of which will be accompanied by rapid and effective remedies and sufficiently dissuasive sanctions.

Article 7. Procedures for determining terms and conditions of employment. In its previous comments, the Committee pointed out that it was not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods within the joint administrative committees and thus requested the Government to recognize, as prescribed by the Convention, the right of collective bargaining of public service servants, at least those not engaged in the state administration. Noting with regret that the Government merely takes note of its previous recommendations, the Committee feels bound to reiterate strongly its previous comments and trusts that the Government will take the necessary steps in the near future to promote collective bargaining between the public authorities and organizations of public officials, at least those representing officials not engaged in the administration of the State.

Article 8. Dispute settlement. In its previous report, the Committee requested the Government to indicate the provisions laying down procedures for the settlement of disputes arising from negotiations between the public authorities and public employees’ representative organizations in the determination of conditions of employment. The Committee takes note of the Government’s reply that, since the adoption of Decree No. 103/P-RM of 19 February 2010 establishing the organization and operational procedures of the National Labour Directorate, it is incumbent upon this Directorate to promote consultations between the social partners and to contribute towards an amicable settlement of collective labour disputes.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7 of the Convention. The Committee requests the Government to supply a copy of Decree No. 03-544 of 23 December 2003, referred to in its report, concerning the structure and working procedures of the Higher Public Service Council of the various territorial entities.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of application. In its previous comments the Committee noted that the exceptions from the scope of the General Civil Service Regulations, 2002, were too broad and asked the Government to indicate which of the rights and guarantees established in the Convention apply to certain categories of public employees. It also asked the Government to clarify whether, in respect of personnel of designated public bodies governed by their own regulations, those regulations establish the guarantees provided for by the Convention. The Committee observes that the Government’s report does not contain any information in this respect. The Committee again requests the Government to indicate the various existing regulations which govern the personnel of public bodies, to clarify whether, under these regulations, such personnel enjoy the guarantees established in the Convention, and to send a copy of them.

Articles 4 and 5. Protection against anti-union discrimination and interference. In its previous comments, the Committee noted that the General Civil Service Regulations contain no specific provisions on protection against anti-union discrimination and interference. It therefore asked the Government to take the necessary steps to ensure that the legislation includes explicit provisions to protect workers against acts of anti-union discrimination at the time of recruitment and in the course of employment and against acts of interference by the public authorities, together with rapid and effective remedies and sufficiently dissuasive sanctions. The Committee notes with regret the Government’s indication that no measures are contemplated in this respect. The Committee therefore requests the Government once again to take steps to ensure that the legislation includes explicit provisions providing adequate protection against anti-union discrimination for public employees and against all acts of interference by the public authorities in the formation, functioning and administration of public employees’ organizations.

Article 7. Procedures for determining terms and conditions of employment. With regard to joint administrative committees and their role as dispute settlement bodies, the Committee previously observed that, under Decree No. 5-164 of 6 April 2005 establishing arrangements for the implementation of the General Civil Service Regulations, the competence of the joint committees is confined to individual issues and it was not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods. The Committee notices that the legislation permits the exercise of the right to strike but does not establish negotiating procedures or other methods for determining the terms and conditions of employment in the public service, since the Higher Civil Service Council referred to by the Government is a consultative body under the terms of Decree No. 5-164. Since Mali has also ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee again requests the Government to take the necessary steps to ensure that the legislation gives full effect to Article 7 of the Convention and at least recognizes the right to collective bargaining of public servants not engaged in the administration of the State.

Article 8. Dispute settlement. With regard to dispute settlement, the Committee notes the Government’s indication in its last report that the legislation does not establish any provisions on the settlement of disputes connected with the determination of terms and conditions of employment between the public authorities and the representative organizations of public employees, but in practice there is a Committee on Social Dialogue which exists within the Cabinet of the Prime Minister and the Ministry of Labour, the Public Service and State Reform, which intervenes as a mediator whenever notice of strike action is given by the public employees’ representative organizations. The Committee requests the Government to send a copy of the text establishing the powers, composition and functioning of the Committee on Social Dialogue referred to in its report and to provide information on any progress made in the adoption of provisions laying down procedures for the settlement of disputes, other than those taking the form of a strike, arising from negotiations between the public authorities and public employees’ representative organizations in the determination of terms and conditions of employment.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information in the Government’s report. It notes that the new General Civil Service Regulations (2002) and Decree No. 05-164 P-RM of 6 April 2005 establishing procedures for implementation of the General Civil Service Regulations have been adopted.

Article 1 of the Convention. Noting that the exceptions from the scope of the General Civil Service Regulations in force were too broad, the Committee asked the Government to take the necessary steps to ensure that the legislation grants the rights and safeguards provided for in the Convention to the following categories of public employees: personnel hired on a contractual basis; temporary personnel; and the personnel of local communities and designated public bodies. The Committee notes the Government’s statement that personnel hired on a contractual basis are covered by Decree No. 038 of 27 January 2000 governing personnel other than public employees engaged in the administration of the State, and so enjoy the guarantees established in the Convention.

The Committee also notes that the personnel of local communities are governed by the Community Public Employees Regulations and that the personnel of designated public bodies are governed by their own regulations. The Committee requests the Government to indicate whether the above regulations establish the guarantees provided for by the Convention.

Articles 4 and 5. The Committee noted previously that the General Civil Service Regulations in force contained no specific provisions on protection against anti-union discrimination and interference. The Committee notes that, according to the Government, although the new Regulations have no specific provisions in practice, trade unions do have protection against acts of discrimination. The Committee again asks the Government to take the necessary steps to ensure that the legislation includes express provisions to protect workers against acts of anti-union discrimination at the time of recruitment and in the course of employment and against acts of interference by public authorities, together with effective and rapid remedies and sufficiently dissuasive sanctions.

Articles 7 and 8. With regard to joint administrative committees and their role as dispute settlement bodies, the Committee notes the Government’s statement that section 21 of Decree No. 5-164 of 6 April 2005 establishing arrangements for the implementation of the General Civil Service Regulations provides that joint committees hear "individual" issues of concern to all members of the service in question that pertain to discipline and shortcomings in professional performance and that in such instances the committees meet as disciplinary bodies. The Committee is of the view that, since the competence of joint committees is confined to individual issues, it is not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods. The Committee requests the Government to take the necessary steps to ensure that the legislation gives effect to Articles 7 and 8 of the Convention.

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

The Committee notes the information provided in the Government’s report. In particular, the Committee notes that the new general conditions of service of public servants, submitted to the new National Assembly in its extraordinary session on 16 September 2002, have not yet been adopted. The Committee requests the Government to provide a copy of this text once it has been adopted.

Furthermore, the Committee once again hopes that the new general conditions of service of public servants will reflect the comments that it made previously.

Article 1 of the Convention. Noting that the exclusion from the scope of application of the current general conditions of service of public servants is too broad, the Committee previously requested the Government to take the necessary measures to ensure that the legislation grants the rights and safeguards provided for in the Convention to the following categories of public employees: personnel hired on a contractual basis, temporary personnel and the personnel of local communities and designated public bodies.

Articles 4 and 5. The Committee noted previously that the current general conditions of service of public servants do not contain specific provisions on protection against anti-union discrimination and interference. The Committee requested the Government to take the necessary measures to ensure that the legislation contains specific provisions to protect workers against acts of anti-union discrimination at the time of recruitment and in the course of employment, and against acts of interference by the public authorities, all of which should be combined with effective and rapid remedies and sufficiently dissuasive sanctions.

Articles 7 and 8. The Committee noted previously that, according to the Government, the joint administrative committees are the bodies responsible for the settlement of disputes. Noting that the Government has not provided information on this subject, the Committee once again requests it to supply additional information on the role and functions of these administrative committees in the settlement of disputes and on any agreements concluded in the public service in recent years (the number of agreements, institutions and workers covered, etc.).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

It notes that, in reply to the last direct request, the Government states that it undertakes to give effect to the Committee’s comments. The Committee also notes that a new General Statute of the Public Service, approved by the Council of Ministers, is among the texts submitted to the new National Assembly, convened on 16 September 2002 for a special sitting.

The Committee recalls that it addressed the following points in its previous comments.

Article 1 of the Convention. Scope of the Convention. The Committee had noted previously that section 1(1) of the General Statute of the Public Service laid down general rules applying to all public servants and established that they have a right to organize (section 19). The Committee had noted, however, that section 1(1) of the Statute stipulates that the latter shall not apply to personnel hired on a contractual basis, temporary personnel and the personnel of local communities and designated public bodies.

The Committee requests the Government to take measures to grant to these categories of workers by law the rights and safeguards provided for in the Convention. The Government is asked to send a copy of the new General Statute of the Public Service as soon as it is adopted and hopes that the new Statute will take account of its previous comments.

Articles 4 and 5. Protection of the right to organise. The Committee had noted previously that the General Statute of the Public Service contained no provisions on protection against anti-union discrimination and interference. It had reminded the Government that the legislation should contain specific provisions to protect workers against acts of anti-union discrimination at the time of taking up employment and in the course of employment and against acts of interference by public authorities. Such provisions should be coupled with effective remedies and sufficiently dissuasive sanctions (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224).

The Committee hopes that the new General Statute of the Public Service currently before Parliament will take account of its comments.

Articles 7 and 8. The Committee noted previously that, according to the Government, the joint administrative committees are responsible for the settlement of disputes. The Committee again asks the Government to provide additional information on the role and functions of these committees and on any agreements concluded in the public service in recent years (number, institutions, workers covered, etc.).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the Government’s first report. It nonetheless requests the Government to provide further information on the following points.

Article 1 of the Convention.  Scope of the Convention.  The Committee notes that section 1(1) of the General Statute of the Public Service lays down the general rules applying to all public servants and establishes that they have the right to organize (section 19). The Committee notes, however, that, contrary to Article 1 of the Convention, the said section 1(1) stipulates that the statute does not apply to personnel hired on a contractual basis, to temporary personnel, and to the personnel of local communities and designated public bodies. The Committee therefore asks the Government to take steps to amend the legislation so that these categories of public employees enjoy the guarantees provided for in the Convention.

The Committee notes that the members of the armed forces and the police each have their own statutes. It asks the Government to provide copies of them and to indicate whether the armed forces and the police enjoy the right to organize.

Articles 4 and 5.  Protection of the right to organize.  The Committee notes that the General Statute of the Public Service contains no provisions on protection against acts of anti-union discrimination and interference. The Committee recalls that the legislation should contain specific provisions to protect workers against acts of anti-union discrimination at the time of taking up employment and in the course of employment, and against acts of interference by public authorities. Such provisions should be coupled with effective and expeditious procedures (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 203 and 224). The Committee therefore asks the Government to take measures to amend the legislation accordingly.

Articles 7 and 8.  The Committee notes that, according to the Government’s report, the joint administrative committees are responsible for the settlement of disputes. The Committee asks the Government to provide additional information on the role and duties of the administrative committees and on any agreements concluded in the public service in the last few years (number, institutions, workers covered, etc.).