Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It also notes the comments made by the Workers’ Trade Union Confederation of Mali (CSTM) on the application of the Convention in Mali, as well as the Government’s detailed observations in reply to these comments. The Committee recalls that its previous comments related to the following matters.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without any interference from the public authorities. The Committee had recalled the need to amend section L.229 of the Labour Code of 1992 in order to limit the authority of the Minister of Labour to impose arbitration in order to end strikes liable to cause an acute national crisis. This section allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only in the case of disputes involving essential services, the interruption of which is likely to endanger the life, personal safety or health of the population, but also for disputes liable to "jeopardize the normal operation of the national economy or affecting a vital industrial sector". In this respect, the Government stated that it had embarked upon a revision of the Labour Code under which subsection 2 of section L.229 would be worded as follows: "for disputes involving essential services, the interruption of which would be likely to endanger the life, personal safety or health of the population, the minister responsible for labour, in the event of the disagreement of one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Tribunal binding." In its latest report, the Government explains that Mali has just completed its presidential and legislative elections and that the new Assembly is not yet sitting. It notes that, as soon as the work of revising the Labour Code is completed, it will provide the text of the new section L.229. The Committee requests that the Government provide a copy of the amended text of section L.229 of the Labour Code once it has become law.

The Committee further notes the communication by the CSTM in which it alleges, among other matters, that the regulations regarding the maintenance of a minimum service are not in conformity with the provisions of the Convention. The Committee notes the Government’s detailed observations on the CSTM’s allegations. With regard to the regulations requiring a minimum service, the Government explains that Decree No. 90-562 P-RM of 22 December 1990 determines the list of services, positions and categories of employees strictly indispensable for the maintenance of a minimum service in the event of a strike in the public services. The Government recognizes that the trade unions did indeed contest the contents of this text at the time of its adoption, not because its provisions in themselves constituted an obstacle to the exercise of the right to strike, but because they had not been consulted in its formulation. The Government adds that it has decided to re-examine these texts so as to ensure that the viewpoint of the workers is taken into account.

The Committee notes this information. It requests the Government to provide information in its next report on the progress made in the revision of the Decree of 1990 determining the minimum service to be provided in the event of a strike in the public services, in full consultation with the social partners.

A request on certain other matters is also being addressed directly to the Government.