Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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, according to the national survey on child labour conducted in 2005, nearly 2.4 million children between the ages of 5 and 14 years, or 65.4 per cent of children in that age group, were 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 (PANETEM) 2011–20, of which the first phase (2011–15) focused 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 by the International Trade Union Confederation (ITUC) that 40 per cent of children between the ages of 5 and 14 years are engaged in hazardous types of work.

The Committee notes the Government’s indications, in its report, that under PANETEM, training and awareness-raising activities on laws and regulations were conducted in 2016 and 2017 for 120 stakeholders involved in combating child labour. It notes that, according to the documents provided by the Government, a project to eliminate child labour and forced labour in garment value chains has been developed, with the financial support of the European Union. In addition, the National Task Force to Combat Child Labour (CNLTE) has drawn up a roadmap to eliminate child labour in agriculture and created a national committee to oversee the roadmap. The Committee also notes that the Government has participated in the development of a project called “Cotton with Decent Work”, with the ILO and Brazil, which seeks to eliminate child labour in cotton production, and in the development of a project financed by the multinational INDITEX, the objective of which is to foster respect for the fundamental principles and rights at work in cotton-producing communities. The Committee observes that, according to the final report of the Multiple Indicator Cluster Survey (MICS) conducted in 2015 by the National Institute of Statistics (INSTAT) in partnership with UNICEF and published in November 2016, 56.5 per cent of children aged from 5 to 14 years are engaged in child labour and 42.5 per cent of them work in dangerous conditions. Moreover, the report highlights that the regions of Sikasso, Koulikoro and Kayes, where agriculture predominates, are the most affected by child labour, particularly hazardous types of work, which affect more than one out of every two children aged from 5 to 7 years (page 248). While noting the measures taken by the Government, the Committee once again 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 urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the results achieved under PANETEM and the programmes to combat child labour in agriculture and cotton production.

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. The Government indicated that labour inspectors are responsible for enforcing labour legislation in the formal and informal economies, but that the capacities of labour inspectors have to be strengthened in terms of intervention techniques in the informal economy and on matters relating to child labour.

The Committee notes that, according to the information provided by the Government, ten labour inspectors were recruited in December 2017. Moreover, two workshops to strengthen labour inspectors’ capacities regarding child labour were held in 2017 and 2018. The Government nevertheless indicates that despite training on child labour, no steps have been taken to enable labour inspectors to target children working on their own account or in the informal economy. The Committee strongly encourages the Government to continue its efforts to adapt and strengthen 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. It requests the Government to provide information on the progress made in this regard.

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 the Labour Code provides that the minimum age for the admission of children to employment in undertakings, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996, implementing 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 that the Government had adopted a Bill in 2013 to amend Act No. 92–020 of 23 September 1992 issuing the Labour Code of Mali, which establishes the age for admission to employment at 15 years, and that the implementing texts of the Code would also be revised accordingly. The Committee urged the Government to take the necessary measures to finalize the revision as soon as possible.

The Committee notes with interest the adoption of Act No. 2017–021 of 12 June 2017 amending Act No. 92-020 of 23 September 1992, issuing the Labour Code of the Republic of Mali, which establishes in section L.187 the minimum age for admission to employment of children in undertakings, even as apprentices, as 15 years of age. It notes the Government’s indication that the revision of Decree No. 96-178/P-RM implementing certain provisions of the Labour Code is under way. The Committee expresses the firm hope that the relevant provisions of Decree No. 96-178/P-RM of 13 June 1996 will be brought into line with the Convention so as to prohibit the employment of children under the age of 15 years, and requests the Government to provide it with a copy of the revised Decree when it has been adopted.

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 that, despite 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, the section does not refer to such a requirement. Moreover, the Government indicated that the draft implementing texts of the Labour Code would be revised following the adoption of the new Labour Code by the National Assembly. This revision was to include the conditions set forth in Article 3(3) of the Convention.

The Committee notes the Government’s indication that Act No. 92–020 of 23 September 1992 issuing the Labour Code has been amended by Act No. 2017–021 of 12 June 2017. It notes that the draft amendment to Decree No. 96-178/P-RM of 13 June 1996, as well as the Order implementing the new Labour Code, have been drafted by the labour services and submitted to the social partners for comments. The Committee expresses the firm hope that the draft implementing texts of the Labour Code will be adopted as soon as possible and that their provisions concerning admission to hazardous types of work from the age of 16 years will be brought into conformity with the conditions set forth in Article 3(3) of the Convention. It requests the Government to provide a copy of the texts when they have been adopted.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that it planned to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 so as 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 Government indicated that this would be done in the context of the global review of the implementing texts of the Labour Code.

The Committee notes the Government’s indication that the implementing texts of the Labour Code amended by Act No. 2017–021, including Decree No. 96-178/P-RM of 13 June 1996, are being adopted. The Committee expresses the firm hope that the draft implementing texts of the Labour Code will be brought into line with the Convention in order to regulate the employment of children in light work from the age of 13 years. It requests the Government to provide a copy of the texts when they have been adopted.