Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mali (Ratification: 1962)

Other comments on C105

Direct Request

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Article 1(b) of the Convention. Work or service exacted for the purpose of participation in economic development. The Committee previously noted that section L6(2) of the Labour Code, under which “work required in the public interest by legislative provisions relating to participation in development” is not regarded as forced or compulsory labour, was not in conformity with Article 1(b) of the Convention, which prohibits the use of forced labour as a method of mobilizing and using labour for purposes of economic development. The Committee also noted that the Government planned to re-establish national service for young persons.

The Committee notes that the Government reports the adoption of Act No. 2016-038 of 7 July 2016 repealing and replacing Act No. 83-27/AN-RM of 15 August 1983 introducing national service for young persons. The Committee notes that, under the provisions of this Act, the purpose of national service for young persons is to contribute to advancing the education and physical, civic and vocational training of young persons with a view to their full and effective participation in the economic, social and cultural development of the country and their mobilization for national defence purposes. The Act establishes that national service of 18 months is compulsory for all young persons who are required to work on national worksites. According to Decree No. 2016-0537/P-RM of 3 August 2016 implementing Act No. 2016-038, national service for young persons comprises vocational training that cannot exceed ten months, eight months of military training and concurrent civic training. Furthermore, according to the implementing Decree, recruitment to national service for young persons “may be conducted by means of voluntary engagement” (section 7). In this regard, the Committee notes the Government’s indication that national service for young persons is in practice entirely optional and is essentially of an exclusively military nature. It specifies that the first wave of recruitment, which took place in 2017, was conducted in response to a call for applications and led to the recruitment of 600 young people.

The Committee also notes the adoption on 12 June 2017 of Act No. 2017-021 amending Act No. 92-020 of 23 September 1992 issuing the Labour Code in the Republic of Mali, which amends the provisions of section L6(2) of the Labour Code, namely by removing, as an exception to forced or compulsory labour, work in the public interest required under legal provisions for participation in development. The Committee also notes that, under the newly adopted section L6, forced or compulsory labour does not include “work in the public interest, as defined by the legislation on civic obligations”.

The Committee recalls that any legislation that provides for the compulsory participation of young persons, as part of compulsory military service or to replace such service, in activities for the economic development of the country is incompatible with Article 1(b) of the Convention, and with Article 2(a) of the Forced Labour Convention, 1930 (No. 29). Noting that Act No. 2016-038 establishing national service for young persons makes participation in that service compulsory and the work carried out as part of that service is not limited to work of a purely military nature, for example in national worksites, the Committee requests the Government to take the necessary measures to review Act No. 2016-038 and implementing Decree No. 2016-0537 in order to align the legislation with the practice indicated above and thus make participation in national service for young people voluntary or limit compulsory participation to the duration of military training. The Committee also requests the Government to provide information on the legislation regarding civic obligations covered by section L6 of Act No. 2017-021, under which work in the public interest can be imposed.