Effect given to the recommendations of the committee and the Governing Body - Report No 376, October 2015

Case No 2756 (Mali) - Complaint date: 29-DEC-09 - Follow-up

Effect given to the recommendations of the Committee and the Governing Body

1. 76. The Committee last examined this case at its March 2011 meeting, concerning the repeated refusal of the Government to nominate the Trade Union Confederation of Workers of Mali (CSTM) to the Economic, Social and Cultural Council, and to national tripartite consultation bodies in general. On that occasion, the Committee noted that the trade union landscape of Mali consisted of two trade union confederations, the Union Confederation of Workers of Mali (UNTM) and the CSTM, and that the Labour Code provided for the organization of professional elections in order to determine the percentage of representativeness of each trade union confederation. However, those elections had yet to be organized due in particular to disagreements over their funding and the voting method to be employed.
2. 77. The Committee also noted that the Government continued to exclude the CSTM from the membership of the Economic, Social and Cultural Council through a November 2009 decree, whereas the previous two nomination decrees of 1999 and 2004, which had similarly excluded the CSTM, had been overturned by the Supreme Court on the grounds that the Government had abused its authority by obscuring trade union pluralism and denying the right of each union organization to have its say. While the Government justified the 2009 decree on the basis that, when issuing its ruling, the Supreme Court presumed the representativeness of the CSTM which had still not been proven under the Labour Code, it had nevertheless recognized that it had not made use of its prerogatives to designate the most representative organizations. Consequently, the Committee drew the Government’s attention to the fact that, in the interest of promoting open and constructive social dialogue, it would be desirable to ensure a place for a range of voices based on objective and predefined criteria, rather than necessarily identifying a single organization with a view to granting it exclusive trade union representation. The Committee therefore requested the Government to amend Decree No. 09-608/P-RM of 12 November 2009 in order to include the CSTM in the list of representatives of public and private sector employees of the Economic, Social and Cultural Council, in accordance with the Supreme Court rulings, and in order to encourage plurality of views among representative organizations. Along those same lines of dialogue, the Committee urged the Government to take the necessary measures to enable the CSTM to participate in the tripartite consultation bodies in which it expressed interest. Lastly, the Committee expected the Government to organize the professional elections provided for in the Labour Code as soon as possible, keeping in mind the principles of freedom of association. It further requested the Government to keep it informed of the objective criteria employed, in consultation with the trade union organizations so as to determine their representativeness.
3. 78. The Committee notes the communication dated 13 May 2015 from the CSTM, alleging that it has once again been excluded from the membership of the Economic, Social and Cultural Council by Decree No. 2015-0024/P.RM of 29 January 2015 (copy attached to the complaint). The Committee deeply regrets that, by adopting the 2015 decree, the Government had decided to disregard the Committee’s prior recommendations, which were moreover similar to several decisions of the highest court of the country on the same matter.
4. 79. The Committee notes the report of the high-level Office mission to Mali which took place from 17 to 19 June 2015, at the request of the Government, to address the issue of the representative nature of professional organizations of workers. In this regard, the Committee notes that the mission met with all the national social partners and through discussions, it became clear that there was unanimous agreement that professional elections were the best means of assessing trade union representativeness and that they be organized as a matter of urgency.
5. 80. The Committee welcomes the Government’s efforts to resolve the issue of trade union representativeness with the Office’s assistance. Meanwhile, in the absence of unanimity among the parties concerned, the Committee believes that it is for the Government to make tangible progress on this issue by making relevant decisions. Consequently, the Committee expects the Government to take all necessary measures to organize the professional elections which have been unanimously requested by the social partners as soon as possible. The Committee urges the Government to keep it informed on any progress made on this matter.
6. 81. Meanwhile and in the absence of a defined level of representation, the Committee urges the Government to adopt an attitude of complete neutrality by amending Decree No. 2015 0024/P.RM of 29 January 2015 in order to include the CSTM in the membership of the Economic, Social and Cultural Council. In more general terms, in the interest of having harmonious professional relationships, the Committee expects the Government to allow the CSTM to participate in the tripartite consultation bodies in which it has expressed interest.