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

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

The Committee notes the Government’s detailed replies to the observations of 2017 of the International Trade Union Confederation (ITUC) and the Confederation of Workers’ Unions of Mali (CSTM) reporting violations of freedom of association in several sectors of activity.

Article 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. In its previous comments, the Committee asked the Government to report on any new draft revising 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, regional authorities and agencies responsible for the running of a public service; to ensure that the representative organizations of workers concerned are consulted in this regard; and to provide any proposed or agreed-upon list of such services, positions and categories. The Committee notes the Government’s indication that consultations are taking place between the Government and the social partners with regard to the revision of the list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in public services, for the purpose of reviewing the decree in question. The Committee also notes that, further to the adoption of Act No. 2017-021 of 12 June 2017 amending the Labour Code, the Government indicates that, as regards new section L.231 establishing a minimum service in the event of a strike in the private sector, it is planned to draw up a consensual list of jobs essential for the performance of this minimum service and that exchanges have taken place in this regard between the Government and the social partners.

The Committee wishes to recall in this regard that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; and (iii) in public services of fundamental importance. Such services should meet at least two requirements: (a) they must genuinely and exclusively be services limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of any such service, while maintaining the effectiveness of the pressure brought to bear; and (b) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such services, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137). The Committee requests the Government to continue providing information on any proposed or agreed-upon 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 or in enterprises providing public utility services.

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

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.

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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee recalls that its previous comments concerned the need to amend section L.236 of the Labour Code which provides that the father, mother or guardian of a minor over 16 years of age may oppose their joining a trade union. The Committee notes the Government’s indication that the draft revision of the Labour Code, which is still under examination, sets out the following wording: “minors aged 15 years may join trade unions, without the prior authorization of their father, mother or guardian”. The Committee trusts that that Government’s next report will indicate the adoption of this new provision.

Article 3. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that its previous comments related to the need to amend section L.229 of the Labour Code, under the terms of which the Minister of Labour may refer certain disputes to compulsory arbitration, not only when they involve essential services the interruption of which could endanger the life, personal safety or health of the population, but also when the dispute is likely to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes the Government’s reply that the draft revision of the Labour Code, which is still under examination, now provides that the Minister of Labour may only refer a case to the Arbitration Board at his or her sole initiative in the following cases: (i) in the event of an acute national crisis; and (ii) where the dispute concerns an essential service. The Committee trusts that the Government’s next report will indicate the adoption of this new provision.

The Committee also previously requested the Government to indicate any further decree amending Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable for the maintenance of a minimum service in the event of a strike in the public services. The Committee notes the indication that a draft decree was adopted by the Council of Ministers in June 2010; however, following the reservations expressed by the Confederation of Workers’ Unions of Mali on certain of the categories set out in the new text, the Government decided to review the text in question. The Committee requests the Government to report any developments in this regard.

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

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. The Committee recalls that it has been commenting for several years on section L.236 of the Labour Code which prohibits minors under 16 years of age from joining trade unions and provides that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. The Committee notes that, according to the Government’s report, following the tripartite validation in July 2010 of a study on the conformity of the labour legislation with the fundamental labour Conventions, the amendment of section L.236 of the Labour Code has been incorporated into the draft amended text currently being drawn up. The Committee trusts that the Government’s next report will indicate the amendment of the provisions of section L.236 of the Labour Code to guarantee freedom of association for minors who have reached the statutory minimum age for admission to employment, whether as workers or as apprentices, without the need for authorization from parents or guardians. The Committee requests the Government to provide a copy of any text adopted in that regard.

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 24 August 2010, concerning the application of the Convention and in particular the impossibility for senior managers of the Central Bank of West African States (BCEAO) to organize. The Committee notes the Government’s reply indicating that the legislative texts referred to by the ITUC, namely the Labour Code, do not deny senior managers of the BCEAO the right to organize and that the labour inspectorate has received no complaints in this regard.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. For several years, the Committee has been stressing the need to amend section L.229 of the 1992 Labour Code in order to limit the power of the Ministry of Labour to resort to arbitration to end strikes liable to cause an acute national crisis. This section allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services the interruption of which is likely to endanger the life, personal safety or health of the population, but also where the dispute is likely to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes that the Government’s report mentions the validation in July 2010 of a study on the conformity of the labour legislation with the fundamental labour conventions and the preparation of a draft amendment text which includes the revision of section L.229 of the Labour Code. The Committee hopes that the Government will indicate in its next report that tangible progress has been made in amending section L.229 of the Labour Code to bring it into conformity with the requirements of the Convention. The Committee requests the Government to provide a copy of any text adopted in this regard.

Furthermore, the Committee previously noted that a draft revision of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services was the subject of consultations under way with the social partners. The Committee notes that the Government indicates in its report that the draft decree was adopted by the Government during the Council of Ministers on 11 June 2010. The Committee requests the Government to provide a copy of the draft Decree revising Decree No. 90-562 P-RM of 22 December 1990.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee referred to section 236 of the Labour Code of 1992 which prohibits minors under 16 years of age from joining trade unions by providing that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. In its report, the Government indicates that the draft revision of the Labour Code now in preparation includes an amendment to section L.236. The Committee trusts that the revision of the Labour Code will include an amendment to section L.236 to guarantee freedom of association for minors who have reached the statutory minimum age for admission to employment, whether as workers or as apprentices, without the need for authorization from parents or guardians. The Committee requests the Government to indicate all progress made in this respect in its next report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the observations of 29 August 2008 by the International Trade Union Confederation (ITUC) on the application of the Convention in practice which refer in particular to the requisitioning of airport services during a general strike in June 2007. In its reply of October 2008, the Government denies the use of requisitioning in airport services or any other sector.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee recalled the need to amend section L.229 of the 1992 Labour Code in order to limit the power of the Minister of Labour to resort to arbitration to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer some disputes to compulsory arbitration, not only where they involve essential services the interruption of which is likely to endanger the life, personal safety or health of the population, but also where the dispute is liable to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes that in its report, the Government states that a draft amendment has been prepared and is to be submitted to the Higher Labour Council. The Committee trusts that the Higher Labour Council will shortly examine the draft amendment of section L.229 to bring this provision into line with the Convention. It asks the Government to indicate in its next report any progress made in this regard.

The Committee’s previous comments also addressed the matter of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensible to the maintenance of a minimum service in the event of a strike in the public service, which had not been submitted for consultation to the social partners at the preparation stage and which was inconsistent with the requirements of the Convention. The Committee notes the information that a draft revision of the Decree is being prepared in consultation with the social partners. The Committee trusts that the draft revision of Decree No. 90-562 P-RM of 22 December 1990 will be adopted shortly, in consultation with the social partners concerned. The Committee requests the Government to indicate in its next report any new developments in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In its previous comments, the Committee noted that section 236 of the Labour Code of 1992 does not allow minors under 16 years of age to join trade unions and that it provides that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. In its report, the Government reiterates its commitment to take the necessary measures to ensure that the national legislation is in full conformity with the Convention. The Committee notes this information and requests the Government to keep it informed of any development in this respect for the removal of any obstacle to the exercise of the right to organize of minors who have access to the labour market, either as workers or as apprentices, without the need for parental authorization.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee recalled the need to amend section L.229 of the Labour Code of 1992 in order to limit the power of the Ministry of Labour to impose arbitration to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also in cases where the dispute is liable to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes the Government’s indication that it has not been able to give effect to its intention, expressed on several occasions, to review the Labour Code so as to revise provisions that are obsolete or in contradiction with the spirit of ratified Conventions, due to profound differences of interpretation respecting the nature of essential services. Noting that the Government has requested the Office’s technical assistance, the Committee hopes that it will be able to note progress in the near future, and particularly that section L.229 will be amended in accordance with the provisions of the Convention.

In its previous comments, the Committee also noted that the regulations on the maintenance of a minimum service were inconsistent with the provisions of the Convention and that the trade unions had not been consulted in the formulation of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services. Regretting that the Government’s report contains no reply on this matter, the Committee once again requests the Government to report on progress in the revision of the Decree of 1990 determining the minimum services to be provided in the event of a strike, in full consultation with the social partners.

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

The Committee notes with regret that the Government’s report contains no reply to its previous comments. Consequently, it is bound to repeat those comments, which read as follows:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In previous comments, the Committee noted that section 236 of the Labour Code of 1992 does not allow minors under 16 years of age to join trade unions and that it provides that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. It recalled that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. In its latest report, the Government undertakes to amend this section during the forthcoming revision of the Labour Code in order to bring its legislation into full conformity with the Convention. The Committee notes this information and requests the Government to keep it informed of any new developments towards the removal of all obstacles to the exercise of the right to organize by minors who have access to the labour market, either as workers or as apprentices, without the need for parental authorization.

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

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Right of organizations to formulate their programmes without interference from the public authorities. In its previous comments, the Committee had pointed out the need to amend section L.229 of the Labour Code of 1992 in order to limit the Ministry of Labour’s authority to impose arbitration in order to end strikes liable to cause an acute national crisis. This provision allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also in cases where the dispute is liable to "jeopardize the normal operation of the national economy or involves a vital industrial sector". The Government stated previously in this connection that it had embarked on a revision of the Labour Code in which section L.229(2) would be worded: "For disputes involving essential services, the interruption of which would be likely to endanger the life, personal safety or health of the population, the Minister of Labour, in the event of disagreement of one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Tribunal binding". The Committee notes that in its report the Government states that every effort is being made to revise section L.229 and that in the context of bilateral cooperation, a re-reading of the Labour Code is under way. The Committee notes with interest that, according to the Government, the wording of new section L.229(2) will be the same as the wording above. The Committee hopes that the new wording will shortly be adopted and requests the Government to provide the amended text of this section as soon as it becomes law. It further requests the Government to explain the manner in which recourse may be had to arbitration for workers in essential services and the circumstances in which the arbitration award becomes legally binding.

In its previous comments, the Committee had also noted that the regulations on the maintenance of a minimum service were inconsistent with the provisions of the Convention and that the views of the social partners had not been sought in the formulation of Decree No. 90-562 P-RM of 22 December 1990, establishing the list of services, positions and categories of employees strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services. Noting that the Government’s report contains no reply to this comment, the Committee once again asks the Government to report on progress in the revision of the Decree of 1990 to determine, in full consultation with the social partners, the minimum services to be maintained in the event of a strike in the public services.

The Committee raises another matter in a request addressed directly to the Government.

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

The Committee notes the information contained in the Government’s report.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations of their own choosing. In previous comments, the Committee noted that section 236 of the Labour Code of 1992 does not allow minors under 16 years of age to join trade unions and that it provides that the fathers, mothers or guardians of minors over 16 years of age may oppose their joining trade unions. It recalled that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. In its latest report, the Government undertakes to amend this section during the forthcoming revision of the Labour Code in order to bring its legislation into full conformity with the Convention. The Committee notes this information and requests the Government to keep it informed of any new developments in this respect with a view to removing any obstacles to the exercise by minors of the right to organize.

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

The Committee notes the information contained in the Government’s report. It also notes the comments made by the Workers’ Trade Union Confederation of Mali (CSTM) on the application of the Convention in Mali, as well as the Government’s detailed observations in reply to these comments. The Committee recalls that its previous comments related to the following matters.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without any interference from the public authorities. The Committee had recalled the need to amend section L.229 of the Labour Code of 1992 in order to limit the authority of the Minister of Labour to impose arbitration in order to end strikes liable to cause an acute national crisis. This section allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only in the case of disputes involving essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also for disputes liable to "jeopardize the normal operation of the national economy or affecting a vital industrial sector". In this respect, the Government stated that it had embarked upon a revision of the Labour Code under which subsection 2 of section L.229 would be worded as follows: "for disputes involving essential services, the interruption of which would be likely to endanger the life, personal safety or health of the population, the minister responsible for labour, in the event of the disagreement of one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Tribunal binding." In its latest report, the Government explains that Mali has just completed its presidential and legislative elections and that the new Assembly is not yet sitting. It notes that, as soon as the work of revising the Labour Code is completed, it will provide the text of the new section L.229. The Committee requests that the Government provide a copy of the amended text of section L.229 of the Labour Code once it has become law.

The Committee further notes the communication by the CSTM in which it alleges, among other matters, that the regulations regarding the maintenance of a minimum service are not in conformity with the provisions of the Convention. The Committee notes the Government’s detailed observations on the CSTM’s allegations. With regard to the regulations requiring a minimum service, the Government explains that Decree No. 90-562 P-RM of 22 December 1990 determines the list of services, positions and categories of employees strictly indispensable for the maintenance of a minimum service in the event of a strike in the public services. The Government recognizes that the trade unions did indeed contest the contents of this text at the time of its adoption, not because its provisions in themselves constituted an obstacle to the exercise of the right to strike, but because they had not been consulted in its formulation. The Government adds that it has decided to re-examine these texts so as to ensure that the viewpoint of the workers is taken into account.

The Committee notes this information. It requests the Government to provide information in its next report on the progress made in the revision of the Decree of 1990 determining the minimum service to be provided in the event of a strike in the public services, in full consultation with the social partners.

A request on certain other matters is also being addressed directly to the Government.

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

The Committee notes the information contained in the Government’s report and the national legislation applying the Convention.

Article 2 of the Convention.  Right of workers, without distinction whatsoever, to establish organizations of their own choosing.  The Committee notes that section 236 of the Labour Code of 1992 does not allow minors of under 16 years of age to join trade unions and provides that the fathers, mothers or guardians of minors of over 16 years of age may oppose their joining trade unions. The Committee recalls that the Convention establishes that all workers, without distinction whatsoever, shall have the right to form and join trade unions, and that the Government has undertaken to give effect to this provision. The Committee considers that no distinction based on these grounds is authorized by the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64). The Committee asks the Government to indicate in its next report the measures that have been taken or are envisaged to amend section 236 of the Labour Code in order to remove all obstacles to the exercise by minors of the right to organize.

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

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without any interference by public authorities which would restrict this right.  The Committee recalls that its previous comments addressed the need to amend section 229 of the Labour Code of 1992 in order to limit the Minister of Labour’s authority to impose arbitration in order to end strikes liable to cause an acute national crisis. The above provision allows the Minister of Labour to impose arbitration not only for disputes involving essential services, the interruption of which is likely to endanger the life, health or safety or the population, which is compatible with the principles of the freedom of association, but also for disputes liable to "compromise the normal operation of the national economy or concerning a vital industrial sector".

The Committee notes the Government’s statement that section 229 of the Code has not been applied in practice. It also notes with interest the Government’s indication that, in order to bring the national legislation into conformity with the intent of the Convention, it has embarked on a revision of the Labour Code which provides that paragraph 2 of section L.229 will be worded as follows: "For disputes involving essential services, the interruption of which would be likely to endanger the life, safety or health of persons, the minister responsible for labour, in the event of disagreement by one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Council binding." The Committee asks the Government in its next report to supply the text of section 229 of the Labour Code as amended to bring the national legislation into harmony with the Convention on this point.

The Committee is also addressing a direct request to the Government on the question of the restriction in the law which impairs the right of minors to join trade unions.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments addressed the need to amend section 229 of the Labour Code of 1992 so as to restrict the Minister of Labour's authority to impose arbitration in order to end strikes liable to cause an acute national crisis. The above provision allows the Minister of Labour to impose arbitration not only for disputes involving essential services, the interruption of which is likely to endanger the life, health or safety of the population, which is compatible with the principles of freedom of association, but also for disputes liable to "compromise the normal operation of the national economy or concerning a vital industrial sector".

The Committee notes that in its last report the Government reiterates its undertaking to conduct an in-depth tripartite discussion on the requested amendment with a view to finding a solution compatible with the purpose of the Convention.

The Committee expresses the firm hope that measures will be taken in the near future to make the legislation fully consistent with the principles of freedom of association and asks the Government to provide detailed information in its next report on the status of the tripartite consultations and on measures actually taken to amend section 229 of the Labour Code.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the Government's statement in its previous report that it was examining the possibility of amending section 229 of the Labour Code of 1992 so that the Minister's powers to order compulsory arbitration in order to end a strike would be limited to cases of acute national crisis. The Committee notes from the Government's statement in its report which arrived in June 1995 that the Council of Ministers can only render an arbitration decision binding if the strike is likely to endanger the life, health or safety of the population or dangerously paralyse an essential sector of the economy, without indicating whether it will amend the legislation. The Government adds in its report which arrived in November 1996 that a tripartite commission has been mandated to make proposals on any problems which might arise from the scope of section 229 of the Code. The Committee notes that section 229 provides that the Minister of Labour may refer certain disputes to the Council of Ministers, which may render an arbitration decision binding not only in disputes relating to "essential services the interruption of which would endanger the life, security or health of the population", which is compatible with the principles of freedom of association, but also in disputes liable to "compromise the normal operation of the national economy or concerning a vital sector of professions". The Committee therefore once again requests the Government to amend the legislation and to provide information in its next report on any progress made to limit the powers of the Council of Ministers to render an arbitration decision binding to cases of acute national crisis, in order to bring its legislation into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information contained in the Government's reports.

The Committee noted the Government's statement in its previous report that it was examining the possibility of amending section 229 of the Labour Code of 1992 so that the Minister's powers to order compulsory arbitration in order to end a strike would be limited to cases of acute national crisis.

The Committee notes from the Government's statement in its report which arrived in June 1995 that the Council of Ministers can only render an arbitration decision binding if the strike is likely to endanger the life, health or safety of the population or dangerously paralyse an essential sector of the economy, without indicating whether it will amend the legislation. The Government adds in its report which arrived in November 1996 that a tripartite commission has been mandated to make proposals on any problems which might arise from the scope of section 229 of the Code.

The Committee notes that section 229 provides that the Minister of Labour may refer certain disputes to the Council of Ministers, which may render an arbitration decision binding not only in disputes relating to "essential services the interruption of which would endanger the life, security or health of the population", which is compatible with the principles of freedom of association, but also in disputes liable to "compromise the normal operation of the national economy or concerning a vital sector of professions".

The Committee therefore once again requests the Government to amend the legislation and to provide information in its next report on any progress made to limit the powers of the Council of Ministers to render an arbitration decision binding to cases of acute national crisis, in order to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government in its report, to the effect that the Government's technical departments are examining the possibility of amending section 229 of the Labour Code so as to limit the Minister's powers to order compulsory arbitration in order to end a strike to "strikes which, by reason of their scope and duration, could lead to a national crisis". It asks the Government to provide information in its next report on any developments in this area.

With regard to Decree No. 90-562/P-RM, the Committee reminds the Government that exceptions to the principle of the right to strike should be limited to essential services in the strict sense of the term and to public servants exercising authority in the name of the State. The Committee observes that, under the above Decree, maintenance of minimum services may be required in services which are not necessarily essential in the strict sense of the term and in the case of public servants who do not necessarily exercise authority in the name of the State.

The Committee requests the Government in its next report to provide information on the practical application of the Decree of 22 December 1990, including any requisition orders issued, so that it can ascertain whether they are compatible with the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report, the comments made by the Mali National Union of Workers and the content of Act No. 92 of 23 September 1992 to issue the Labour Code.

The Committee observes with interest that section 229 of the Labour Code, as amended, provides, as the Committee suggested, for the Minister of Labour, should one or both parties dissent, to refer a dispute to compulsory arbitration if it involves essential services whose interruption could endanger life, personal safety or health. The Committee points out, however, that the same section continues to empower the Minister to order compulsory arbitration to end a strike in essential services whose interruption could impair the proper functioning of the national economy or a strike in a vital occupation. In this connection, the Committee recalls that it suggested that the Government amend its legislation to limit the Minister's powers to strikes which, by reason of their scope and duration, could lead to an accute national crisis.

The Committee also notes Decree No. 90-562/P-RM of 22 December 1990 establishing the list of jobs and services which are essential to the maintenance of minimum services in the event of a strike in the public services, communicated by the Mali National Union of Workers. The Committee observes that the above list allows compulsory maintenance of a service not only in essential services in the strict sense of the term and in the case of public servants acting as agents of the public authority, which is admissible in terms of the principles of freedom of association, but also in services which are not necessarily essential and in the case of public servants who do not necessarily act as agents of the public authority.

The Committee recalls that it would be preferable for workers' organizations to be able, should they so wish, to participate in defining minimum services, together with employers and the authorities in services which are not considered essential in the strict sense of the term.

The Committee requests the Government to provide information in its next report on the practical application of section 229 of the Code and the Decree of 22 December 1990, including any call-up orders issued, so that it can ascertain whether they are compatible with the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee requests the Government to supply the text of Act No. 87-48/AN-RM, of 4 July 1987, respecting the requisitioning of persons, services and goods, and of Act No. 88-35/AN-RN, of 8 February 1988, to issue the Labour Code.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction the information supplied by the Government in its report that public servants enjoy the right to organise and the right to strike, in certain circumstances, under the terms of Act No. 87-46/AN-RM, which is no longer a draft text since its adoption on 4 July 1987 and its promulgation by the President of the Republic. This Act repeals and replaces certain provisions of Ordinance No. 77-71/CMLN of 26 December 1977 issuing the general conditions of service of public servants of the Republic of Mali and of Act No. 87-47/AN-RM of 4 July 1987 respecting the exercise of the right to strike in public services.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report. It recalls that its previous comments concerned the following points:

- the request to communicate the Decree to fix the procedure for giving effect to the right of public servants to organise;

- sections 278 and 280 of the Labour Code permitting the Minister of Labour to ask the Council of Ministers to make arbitration awards binding in disputes that are likely to jeopardise the normal running of the national economy or that affect a vital sector of occupations, thus prohibiting a strike as soon as an award by the Arbitration Board becomes enforceable.

1. The Committee notes, from the Government's report, that the Decree to fix the procedure for giving effect to the right of public servants to organise, provided for in section 19 of Ordinance No. 77-71/CMLN of 16 December 1977, issuing the general conditions of service of public servants, has not yet been adopted.

However, the Committee notes with interest Bill No. 87-46 AN-RM of 4 July 1987, to repeal and replace section 19 of the general conditions of service of public servants, which confirms the right to organise of public servants and recognises their right to strike in defence of their collective occupational interests. It requests the Government to indicate the date of the coming into force of this text.

2. The Committee notes that the Government's report contains no information on the point raised in its previous request concerning compulsory arbitration.

In its previous request, the Committee noted with interest the Government's statement to the effect that section 278 of the Labour Code was the subject of close examination by the national committee set up to study the provisions of the Labour Code with a view to their amendment. It noted that the results of the work already considered by the Labour Board would be submitted very shortly to the Council of Ministers and would be communicated to the ILO as soon as they were adopted by the National Assembly.

In this connection, the Committee once again reminds the Government that the Minister of Labour should only be able to apply to the Council of Ministers to have an arbitration award made enforceable and thus prohibit or restrict recourse to strikes in three circumstances: (1) where a strike affects an essential service in the strict sense of the term, that is a service whose interruption would endanger the life, personal safety or health of the whole or part of the population; (2) where a strike is called by public servants acting in their capacity as agents of the public authority; and (3) in the event of an acute national crisis.

The Committee once again expresses the hope that the Government will bring its legislation into conformity with the Convention in the near future.