Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Malí (Ratificación : 2000)

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Enlistment in the armed forces. In its previous comments, the Committee noted that, under section 1 of Act No. 87-48 on the requisitioning of persons, services and goods, the administrative authority may identify and requisition persons only in the instances provided for in the General Organization of Defence Act and the State of Emergency Act. It also noted that sections 17 and 50(j) of the Code on the Protection of the Child of 5 June 2002 provide that children shall enjoy all the safeguards of international humanitarian law set out in ratified Conventions. It is therefore prohibited for a child to be made to participate in or be involved in armed conflict, or to enlist a child in the armed forces or other armed groups before the age of 18 years.

The Committee notes with interest the Government’s indications that the prohibition established in section 17 of the Code on the Protection of the Child is an absolute prohibition. No child may be involved in an armed conflict or enlisted in armed forces or groups before reaching the age of 18 years.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee noted previously that, under section 57 of the Code on the Protection of the Child, the subjection of a child, whether a boy or a girl, to acts of prostitution, whether for payment or free of charge, directly or indirectly, is deemed to constitute sexual exploitation. It also noted that, under the terms of section 229 of the Penal Code, any person who, for the purpose of satisfying the passions of others, incites or entices a girl or a woman, even with her consent, to debauchery, or forces her to engage in prostitution, shall be liable to a penalty of imprisonment or a fine. The Committee observed that this provision applies only to female children and requested the Government to indicate the measures adopted or envisaged to protect boys from sexual exploitation, and particularly prostitution.

The Committee notes the Government’s indications that no measures have been taken to extend the protection afforded by the legislation to boys. The Committee recalls that Article 3(b) of the Convention provides that the use, procuring or offering of a child (irrespective of sex) for prostitution is one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of that form of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 concerning the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs. The Committee notes the Government’s indications that the provisions of the Act are of a general nature and therefore apply to children. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d) and Article 4, paragraph 1. Hazardous types of work. The Committee noted previously that, under the terms of section D.189-14 of Decree No. 96-178, adopted under the Act of 23 September 1992 issuing the Labour Code, it is prohibited to employ children under 18 years of age in work which exceeds their strength, constitutes a source of danger or which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their morals. It also noted with interest that the Labour Code contains, pursuant to section D.189-31 of Decree No. 96-178, a detailed list of types of work considered to be dangerous and prohibited for young persons under 18 years of age, which is annexed to Schedule A. Furthermore, it noted that a list indicating the establishments in which the employment of children is authorized under certain conditions is contained in Schedule B, which is appended to the Labour Code pursuant to section D.189-31 of Decree No. 96-178. The Committee notes with interest the Government’s indications that the determination of the types of work listed in Schedule B, as appended to the Labour Code, was carried out taking into account Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indications that the identification of where hazardous types of work exist can only be undertaken during supervisory visits carried out by the labour inspectorate jointly with occupational physicians who have in-depth knowledge of hazardous products. It therefore requests the Government to provide information on the supervisory visits carried out by the labour inspectorate and occupational physicians and on their conclusions in terms of identifying hazardous types of work.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee noted previously with interest that, in accordance with Article 4, paragraph 3, of the Convention, section D.189-9 of Decree No. 96-178, issued under section L189 of the Labour Code, provides that Schedules A and B, annexed to the Decree, may be supplemented as and when necessary by orders of the Minister of Labour. It notes the Government’s indications that no modification has been made. The Committee requests the Government to continue providing information on the revision of the lists and to supply, where appropriate, any revised list.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee noted previously that the labour inspectorate was responsible for monitoring the implementation of the provisions giving effect to the Convention, particularly by inspecting enterprises following complaints and carrying out unannounced visits, and by checking the ages of workers on employers’ registers, as well as the types of work performed. The Committee however noted that the labour inspectorate in Mali was not effective in view of the various factors indicated by the Committee under the Labour Inspection Convention, 1947 (No. 81). Indeed, the Committee noted with concern that the remuneration of the staff of the inspection services was derisory and that "such a situation was contrary to the obligation for inspectors not to have any interest in the enterprises under their supervision and to the exercise of the authority needed for the discharge of inspection duties". It also noted that the training of labour inspectors was almost non-existent and that the resources made available to them were inadequate (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee noted in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and the lack of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicated that the derisory level of fines for violations of the labour legislation meant that prosecution served no purpose.

The Committee notes the Government’s indications that focal points have been established in each regional labour inspectorate and that they have been provided, through the ILO/IPEC programme, with transport facilities so that they can inspect establishments likely to employ children. The Government adds that employers’ and workers’ organizations were consulted on the implementation of the various measures adopted to combat the worst forms of child labour. Noting that, contrary to the Government’s indications, extracts of the labour inspection report have not been supplied to the ILO, the Committee hopes that the Government will provide copies as soon as possible.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted with interest that Mali had introduced a national programme to combat child labour in 1998 with the technical support of ILO/IPEC. It also noted that, on 9 January 2001, the Government signed a second Memorandum of Understanding with ILO/IPEC with a view to strengthening the capacity of the Government and the social partners to design and implement policies and programmes to prevent the premature engagement of children in work, abolish child labour in the most dangerous activities and the most serious exploitative situations, and offer viable alternatives to the children and their families.

The Committee notes with interest the Government’s indications that a study carried out by the ILO/IPEC programme shows that, since the launching of the IPEC programme (adopted following the signature of the Memorandum of Understanding in 2001), some 2,807 children (2,407 boys and 400 girls) have been removed from exploitative work. According to the same report, between January 2001 and June 2005, some 1,307 children were removed from the worst forms of child labour in the agricultural and mining sectors and the informal economy. Over the same period, some 3,050 families and children benefited from vocational recycling measures and 1,500 children benefited from improved legal protection. The Government adds that the programme is still being implemented and that it targets children working in rural areas, on gold-panning sites, apprentices in the informal economy and young girls working in urban areas. The Committee requests the Government to continue providing information on the implementation of this programme, and particularly on its results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted the Government’s indications that, in accordance with Decree No. 314, children in Mali are obliged to attend school. Noting that a copy of this Decree has not been provided, the Committee once again requests the Government to provide a copy of this text.

The Committee previously noted with interest that, in 1999, the Government established a Ten-Year Programme for the Development of Education (PRODEC) with the objective of raising the primary school enrolment rate to 95 per cent by 2010 and improving the standards of learning, girls’ education, health and hygiene. The Committee noted the Government’s information that the gross enrolment rate in basic education (first cycle) rose from 47 per cent in 1996-97 to 58 per cent in 1999-2000. The Committee notes with interest that, according to the Government, the gross school attendance rate is continuing to increase and that it reached 67 per cent for boys and 56.4 per cent for girls in 2003. The Committee encourages the Government to continue its efforts to ensure access to free basic education for all children in Mali and to continue providing information on the impact of this project.

2. Measures to raise awareness of the worst forms of child labour. The Committee previously noted the Government’s indications that activities have been undertaken to raise awareness and strengthen institutions targeting of certain specific groups: child workers in rural areas, child workers on gold-panning sites, child apprentices in the informal economy and young girls working in urban areas. It also noted that an integrated programme for the prevention of child labour had been established in the Ségou region (October 2002-December 2003) and that a vocational training course for unemployed young persons had been established. The Committee notes that the Government, with the support of ILO/IPEC, has launched an awareness-raising campaign to inform primary school children about the worst forms of child labour. The Committee requests the Government to continue providing information on the measures adopted to prevent the engagement of children in the worst forms of child labour.

Clause (e). The special situation of girls. 1. Programmes of action relating to the employment of girls. The Committee previously noted the existence of legislative provisions and the establishment of ILO/IPEC projects specifically targeting girls, including: the opening of a reception, support and social centre for girls in domestic service in Bamako; a survey of girls working in hotels, bars and restaurants in the Bamako district; a support project for girls working in the Mopti rural area; and a project for the economic and social reintegration in their places of origin of girls working in the Dansa rural area. It also noted with interest that a support programme for the advancement of women and girls had been established in 1992 by the Government with the collaboration of UNDP and the ILO. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the implementation of these projects in practice.

2. Education of girls. The Committee noted previously that, in 1990, in view of the low school enrolment rate of girls (25.7 per cent compared with 44.7 per cent for boys), the Government had established a project for the school enrolment of girls. The objective of this project was to increase the enrolment rate of girls, reduce the repeat and drop-out rates and increase the number of women teachers in the first level of basic education. The Committee notes with interest that this project is still being carried out. It also notes that, according to the information provided by the Government, the gross school attendance rate of girls rose from 36 per cent in 1999-2000 to 56.4 per cent in 2003. It requests the Government to pursue its efforts and to continue to provide information on the measures adopted to enable girls to have access to education and on the results achieved.

3. Child domestic workers. The Committee noted previously that, according to the information provided to the Committee on the Rights of the Child, 4,000 girls left rural areas in 2000 to work as domestic servants in towns (HR/CRC/99/48, 1999). Many of the girls work in private households without work contracts. The proportion of young domestic workers covered by the law is fairly low. The Committee noted previously that the Human Rights Committee had expressed great concern at the situation of girl migrants, who leave rural areas to work in domestic service in urban areas and who, according to some sources, work a 16-hour day on average for very low or non-existent wages, and are often subjected to rape, ill-treatment and even prostitution.

The Committee notes the information provided by the Government that the situation of migrant girls has improved substantially since the implementation of the ILO/IPEC programme, the objective of which is to enable these girls to learn to read and write. The Government adds that non-governmental organizations are also active in improving the literacy of migrant girls, or giving shelter to girl domestic servants and placing them with employers with whom they can pursue their development.

Part V of the report form. The Committee previously noted the Government’s indications that there were no reliable statistics on the nature, extent and trends of the worst forms of child labour. The Committee notes with interest that the Government has requested technical assistance from ILO/SIMPOC and that a national survey of child labour is being prepared. The Government indicates that the pilot project has already been carried out. The Committee therefore requests the Government to provide a copy of this statistical study when it is published.