Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mali (Ratification: 2008)

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

The Committee notes the observations of the Democratic Confederation of Workers of Mali (CDTM), which are contained in the Government’s report.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee asked the Government to undertake a new examination, in consultation with the representative organizations concerned, of the ways in which it is ensured that the representative organizations of employers and workers effectively participate in the tripartite consultations on international labour standards required under the Convention. It also asked the Government to keep it informed of any developments regarding the decree establishing the National Social Dialogue Council and to provide a copy following its adoption. In its reply, the Government emphasizes that all representative organizations of employers and workers effectively participate on the same footing in the tripartite consultations on international labour standards. The Government indicates that the procedures for consultation of the social partners consist of: (i) the transmission of correspondence and questionnaires for the formulation of the Government’s replies to questionnaires and the holding of tripartite information meetings regarding comments on proposed texts to be discussed by the International Labour Conference (ILC); (ii) the organization of information and awareness-raising workshops for the dissemination of Conventions and Recommendations recently adopted by the ILC; (iii) the holding of consultation meetings regarding the submission of Conventions or Recommendations; (iv) the organization of tripartite meetings, information and awareness-raising workshops for the promotion of unratified Conventions and of Recommendations; (v) the holding of workshops or meetings for the collection of data for the preparation of reports on ratified Conventions; and (vi) the transmission of correspondence and questionnaires on proposals for the abrogation of Conventions and the withdrawal of Recommendations. The Government adds that the principle of tripartite meetings or workshops was adopted on the basis of suggestions made by the ILO Subregional Office in Dakar and that the consultation procedures did not give rise to any particular objections from the social partners. However, there is no advisory committee on standards for the moment. The Committee also notes the information provided by the Government on the application of the Convention in practice. The Committee notes the Government’s indication that the draft decree establishing the National Social Dialogue Council was adopted internally by the Ministry of Labour in May 2020 and that tripartite meetings will be held with the most representative organizations of employers and workers before its adoption by the Government. The Committee expects that the draft decree establishing the National Social Dialogue Council will be adopted in the very near future and requests the Government to send a copy of it to the Office once it has been adopted, and also information on the setting up of the Council and its activities. The Committee also requests the Government to continue providing detailed information on the frequency, content and outcome of tripartite consultations held on the matters covered by the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. The Committee previously asked the Government to continue providing information on the consultations regarding the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given, particularly the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee notes the Government’s indication that a tripartite information and awareness-raising workshop was held in collaboration with the Office on 27 and 28 March 2019 with a view to promoting the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Holidays with Pay Convention (Revised), 1970 (No. 132). The Committee notes with interest that the Government indicates that, in the context of the re-examination of Convention No. 102, the Ministry of Labour organized a tripartite consultation meeting on 24 July 2019 and that further to these consultations, the Bill for the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), has been brought before the National Assembly. Moreover, the Government indicates that because of the COVID-19 pandemic it has not been possible to hold any tripartite workshops or meetings in 2020 and 2021 on the re-examination of unratified Conventions, but it reiterates its wish to pursue the re-examination on an annual basis. In this regard, it states that priority can be given to considering, in conjunction with the most representative employers’ and workers’ organizations, the desirability of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to keep it informed of all progress made regarding the ratification of Convention No. 102. The Committee also requests the Government to continue providing updated information on the outcome of tripartite consultations on the re-examination of unratified Conventions, in particular Convention No. 129.

In the context of the COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage more extensively in tripartite consultation and social dialogue as a solid foundation for developing and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to continue providing updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with a view to capacity-building for the tripartite constituents and strengthening mechanisms and procedures, and also on challenges and good practices identified.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations made by the Confederation of Workers’ Unions of Mali (CSTM), received on 7 September 2017. Nevertheless, the Committee notes that the Government’s report does not respond to these observations.

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to report the progress made in establishing the National Social Dialogue Council or any other procedure for holding effective tripartite consultations on international labour standards. Nevertheless, the Committee notes that the National Social Dialogue Council has not yet been established. The Government indicates that a draft decree establishing the National Social Dialogue Council has been drawn up and will be submitted to the social partners for consultation in due course. The Government adds that reports on international labour standards are sent to the social partners for their observations. In this regard, the Committee notes the observations of the CSTM indicating that it has not received the reports on Conventions Nos 6, 26, 81, 87 and 95. Consequently, the CSTM has not had the opportunity to make observations in that regard. The Committee requests the Government to undertake a new examination, in consultation with the representative organizations concerned, of the ways in which it is ensured that the representative organizations of employers and workers effectively participate in the tripartite consultations on international labour standards required under the Convention. It also requests the Government to keep it informed of any developments regarding the decree establishing the National Social Dialogue Council and to provide a copy following its adoption.

Article 5(1)(c). Re-examination of unratified Conventions. The Committee notes with interest that Conventions Nos 88, 122, 155 and its Protocol of 2002, 181 and the Protocol of 2014 to Convention No. 29, ratified by Mali on 12 April 2016, entered into force on 12 April 2017. The Government indicates that the social partners were consulted before the ratification of the aforementioned Conventions. In that regard, given that the Malian economy is mainly agricultural, the Committee invites the Government to examine, in consultation with the social partners, the possibility of ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129), a Convention that the 2008 ILO Declaration on Social Justice identified as one of the most significant standards from the viewpoint of governance. The Committee requests the Government to continue providing information on the consultations regarding the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given, particularly Convention No. 129.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, on each occasion that it examines an issue relating to international labour standards, the current practice consists of informing the social partners by the communication of documents and gathering their views. The Government hopes that with the institutionalization of a National Social Dialogue Council, an appropriate response will be found to the current situation. The Government adds that a specific consultation procedure on international labour standards has not yet been established. The Committee recalls that the consultations required by the Convention can be held without any specific provision in domestic law. The Convention can be implemented through customary law or practice, as well as through the enactment of laws and regulations (see Part I of the report form and paragraphs 48–51 of the 2000 General Survey on tripartite consultation). The Committee requests the Government to report the progress made through the establishment of the National Social Dialogue Council or any other procedure or practice for the holding of effective tripartite consultations on international labour standards.

Article 5(1)(c). Re-examination of unratified Conventions. The Committee notes that the draft text for the ratification of the Employment Policy Convention, 1964 (No. 122), was adopted by the Council of Ministers in January 2015. The Government adds that draft texts for the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, the Employment Service Convention, 1948 (No. 88), the Occupational Safety and Health Convention, 1981 (No. 155), and the Private Employment Agencies Convention, 1997 (No. 181), have been referred to the General Secretariat of the Government for adoption by the Council of Ministers. The Committee requests the Government to continue providing information on the consultations held on the measures taken for the ratification of Conventions Nos 88, 122, 155, 181 and the Protocol of 2014.

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

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in February 2014 indicating that consultations on international labour standards are held following written communications (official correspondence) and meetings (the organization of tripartite workshops). The Government indicates that the consultations held have related to: government replies to ILO questionnaires on items on the Conference agenda; reports to be made under articles 19 and 22 of the ILO Constitution; and replies provided in the context of general surveys. The Government adds in its report that the social partners very frequently do not provide their comments, or do so too late. The Committee also notes the statement by the Confederation of Workers’ Unions of Mali (CSTM), forwarded by the Government in December 2013, indicating that in Mali for over a decade tripartite consultations have been discriminatory and multiple trade unions have been excluded. The Committee refers to paragraphs 34–38 of its 2000 General Survey on tripartite consultation. In the General Survey, the Committee indicates that, although the Convention requires that the most representative organizations of employers and workers participate in consultations, it does not in any way prevent the involvement of representatives of other organizations. The Committee observes that, as the term “representative organizations” is used in the plural, the Convention encourages governments to associate with these procedures representative organizations which have shown an interest in participating in the tripartite consultations required by the Convention. The Committee therefore invites the Government to examine once again, in consultation with the representative organizations concerned, the procedures which ensure that representative organizations of employers and workers participate effectively in the tripartite consultations on international labour standards required by the Convention. The Committee also invites the Government to provide more specific information on the operation and effectiveness of consultation procedures on international labour standards.

Article 5(1)(b). Submission to the National Assembly. The Committee recalls that the Government is required to provide information on the submission to the National Assembly of the Protocols of 1996 and 2002, as well as on the instruments adopted by the Conference at its 86th, 92nd, 94th, 95th, 96th, 99th, 100th and 101st Sessions. It invites the Government to provide information on the tripartite consultations held concerning the submission to the National Assembly of the instruments adopted by the Conference.

Article 5(1)(c) and (e). Re-examination of unratified Conventions. In reply to the Committee’s previous comments, the Government indicates that it does not for the time being envisage ratifying the Labour Inspection (Agriculture) Convention, 1969 (No. 129), or the Holidays with Pay Convention (Revised), 1970 (No. 132), in view of the technical difficulties that could arise in their effective implementation, of which the informality predominating in the agricultural sector is not the least. The Committee notes with interest that the departments responsible for employment and labour have agreed to ratify the Employment Policy Convention, 1964 (No. 122), in light of all the action taken in the field of employment promotion. The Committee hopes that the process of ratifying Convention No. 122 will be completed in the near future and that the Government will be in a position to transmit the instrument of ratification to the Office.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2010 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in September 2009. The Government indicates that exchanges of correspondence ensure the consultations required by the Convention: the Government sends correspondence (meeting notifications) to the social partners stating the nature and objectives of the activity. It also indicates that tripartite meetings are convened with a view to preparing the reports to be presented under articles 19 and 22 of the ILO Constitution. The Committee requests the Government to supply further information in its next report on the operation of the consultation procedures on international labour standards. It also requests the Government to provide detailed information on the consultations held and also on the recommendations made on each of the matters referred to in Article 5(1) of the Convention.

Article 5(1)(c) and (e). Re-examination of unratified Conventions. Denunciations. The Committee recalls its comments on the Holidays with Pay Convention, 1936 (No. 52), ratified by Mali. It recalls that the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), would entail the automatic denunciation of Convention No. 52. The Government might also wish to consider, in cooperation with the social partners, the possibility of ratifying the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), Conventions which are both considered, in the ILO’s 2008 on Social Justice Declaration, to be among the instruments that are the most significant from the viewpoint of governance.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in September 2009. The Government indicates that exchanges of correspondence ensure the consultations required by the Convention: the Government sends correspondence (meeting notifications) to the social partners stating the nature and objectives of the activity. It also indicates that tripartite meetings are convened with a view to preparing the reports to be presented under articles 19 and 22 of the ILO Constitution. The Committee requests the Government to supply further information in its next report on the operation of the consultation procedures on international labour standards. It also requests the Government to provide detailed information on the consultations held and also on the recommendations made on each of the matters referred to in Article 5(1) of the Convention.

Article 5(1)(c) and (e). Re-examination of unratified Conventions. Denunciations. The Committee recalls its comments on the Holidays with Pay Convention, 1936 (No. 52), ratified by Mali. It recalls that the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), would entail the automatic denunciation of Convention No. 52. The Government might also wish to consider, in cooperation with the social partners, the possibility of ratifying the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), Conventions which are both considered, in the ILO’s 2008 on Social Justice Declaration, to be among the instruments that are the most significant from the viewpoint of governance.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in September 2009. The Government indicates that exchanges of correspondence ensure the consultations required by the Convention: the Government sends correspondence (meeting notifications) to the social partners stating the nature and objectives of the activity. It also indicates that tripartite meetings are convened with a view to preparing the reports to be presented under articles 19 and 22 of the ILO Constitution. The Committee requests the Government to supply further information in its next report on the operation of the consultation procedures on international labour standards. It also requests the Government to provide detailed information on the consultations held and also on the recommendations made on each of the matters referred to in Article 5(1) of the Convention.

Article 5(1)(c) and (e). Re-examination of unratified Conventions. Denunciations. The Committee recalls its comments on the Holidays with Pay Convention, 1936 (No. 52), ratified by Mali. It recalls that the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), would entail the automatic denunciation of Convention No. 52. The Government might also wish to consider, in cooperation with the social partners, the possibility of ratifying the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), Conventions which are both considered, in the ILO’s 2008 on Social Justice Declaration, to be among the instruments that are the most significant from the viewpoint of governance.