Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Mali (Ratification: 2002)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments the Committee noted that nearly 2.4 million children between the ages of 5 and 14 years, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. In this respect, the Committee noted the adoption and validation of a programme of action for the formulation and conceptualization of the National Plan of Action for the Elimination of Child Labour in Mali 2011–20 (PANETEM), of which the first phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children) and the second phase (2016–20) on the abolition of all forms of unauthorized child labour (40 per cent of targeted children). The Committee also noted the observations of the ITUC that 40 per cent of children between the ages of 5 and 14 years are engaged in hazardous forms of work.

The Committee notes the Government’s indications that, in the context of objective 4 of the PANETEM advocating the reintegration of children removed from work, 130 children (including 65 girls) who were not at school or have dropped out of school have benefited from support for vocational training in Niono Cercle, and 95 children between 15 and 17 years of age in Sikasso Cercle. In addition, 228 children (114 boys and 114 girls) have been removed from the worst forms of child labour through vocational training services and 228 families with children have been informed and their awareness raised in 15 communes. While noting the measures taken by the Government, the Committee expresses its deep concern at the substantial number of children below the minimum age who are engaged in work, often under very dangerous conditions. The Committee once again requests the Government to intensify its efforts to combat child labour, particularly through PANETEM, and requests it to provide information on the results achieved in terms of the elimination of child labour.

Article 2(1) 1. Scope of application. In its previous comments, the Committee noted the observation by the ITUC that the legislation does not adequately protect children against child labour, because it does not provide for specific protection for children working in the informal economy, particularly in agriculture or domestic work. The ITUC added that there are a total of 54 labour inspectors in Mali, none of whom have received specialized training in child labour. In addition, labour inspectors are also responsible for settling disputes, including through conciliation, which makes it difficult for them to enforce effectively the legislation respecting child labour.

The Committee notes the Government’s indication that labour inspectors are responsible for enforcing labour legislation in the formal and informal economies. It also notes that, in addition to conciliation for the resolution of labour disputes, labour inspectors are also responsible for enforcing the provisions of the Labour Code respecting child labour. The Government adds that, following the normalization and progressive return of the administration into the regions in the north of the country, labour inspectorates are now operational in these areas. Finally, it indicates that it is understood that the capacities of labour inspectors have to be reinforced in terms of intervention techniques in the informal economy and on matters relating to child labour. With reference to the 2012 General Survey on the fundamental Conventions, paragraph 345, the Committee observes that, in some cases, the limited number of labour inspectors has made it difficult to cover the whole of the informal economy. It therefore invites member States to strengthen the capacities of the labour inspectorate. The Committee therefore once again urges the Government to strengthen its measures for the adaptation and reinforcement of the labour inspection services to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that in accordance with the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996, issued under the Labour Code, contains a list of the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child. The Committee noted the Government’s indication that the High Council of Ministers adopted a Bill in 2013 to amend Act No. 92–020 of 23 September 1992 issuing the Labour Code of Mali, with a view to bringing some of its provisions into conformity with ILO Conventions. The Government indicated that this Bill now establishes the age for admission to employment at 15 years and that the implementing texts of the Code will also be revised accordingly.

The Committee notes the Government’s indication that, at the time that the present report was sent, the Government and the social partners had not yet completed consultations on the Bill to revise the Labour Code, which had been reopened at the request of the employers. Once again expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96 178/P RM of 13 June 1996 will be brought into line with the Convention so as to prohibit work by children under 15 years of age, the Committee urges the Government to take the necessary measures to finalize the revision in the very near future. It once again requests the Government to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education, but observed that the school attendance rates for primary education remained fairly modest and that the low rates of school attendance in secondary education, compared with primary education, show that a significant number of children drop out of school after the primary level. The Committee noted the observation of the ITUC that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education.

The Committee notes the Government’s indication that the armed conflict has severely undermined the education system in the country in the northern regions, but that the return of the administration and the renewal of cooperation with education partners has enabled many schools to reopen in the regions of Mopti, Timbuktu and Gao. The Government adds that the Ministry of Labour has taken many measures through the ILO–IPEC project to combat child labour through education, including the removal and reintegration of children in school, and the building of classrooms in the regions of Kayes, Ségou and Mopti. It further indicates that the Ministries of Education and Labour have launched a triennial project 2012–17 “Stop Child Labour – School is Better than Work”. The project is intended to eliminate child labour and enable all children under 15 years of age to have the right to high-quality full-time formal education. The Committee also notes the Government’s indication that an Interim Programme 2015–16 has been adopted and will soon be implemented and that the Government is intending to adopt a Ten-Year Education Development Programme (PRODEC II) before the end of the Interim Programme 2015–16, following the current evaluation of PRODEC I. Finally, the Government indicates that the implementation of the Interim Programme 2012–15 resulted in the achievement of a gross enrolment rate for primary education of 69.70 per cent and of 50 per cent for secondary education in 2012–13. The drop-out rate in primary education between 2011 and 2013 is reported to be 8.3 per cent. Based on the results of this Programme, the Committee observes a very broad disparity in these rates between regions. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the operation of the education system, particularly by increasing school enrolment rates, both for primary and secondary school, and by reducing the drop-out rate in all the regions of the country. In this regard, it requests the Government to provide information on the evaluation of PRODEC I and on the progress achieved and the results obtained through the implementation of the Interim Programme 2015–16 and PRODEC II.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that section D.189–33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the age of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189–33, which refers to the declaration that the employer has to make to the employment office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work. The Committee notes the Government’s indication that the draft texts issued under the Labour Code will be revised following the adoption of the revised Labour Code by the National Assembly. This revision is to include the conditions set out in Article 3(3) of the Convention.

The Committee notes the Government’s indication that the process of the revision of the Labour Code is continuing. The Committee urges the Government to take measures in the context of the revision of the implementing texts of the Labour Code to ensure compliance with the conditions set out in Article 3(3) of the Convention, and to provide information on the progress achieved in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that it undertook to amend section 189–35 of Decree No. 96-178/P-RM of 13 June 1996 to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine the types of light work and the conditions for their performance. The Committee notes the Government’s indication that this will be done in the context of the global review of the implementing texts of the Labour Code.

The Government indicates that the process of revising the Labour Code is continuing. The Committee urges the Government to take immediate measures to bring the national legislation into line with the Convention and to regulate the employment of children in light work from the age of 13 years. For this purpose, it once again hopes that the Order respecting light work will be prepared and adopted in the very near future.

The Committee also notes that the process of the revision of the Labour Code is continuing and once again urges the Government to intensify its efforts and to take the necessary measures to ensure that the overall revision of the Labour Code and its implementing texts does not fail to take into account the Committee’s detailed comments on the divergences that exist between the national legislation and the Convention, and that amendments will be made in this regard.