Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that it duly notes its recommendations with regard to sexual harassment in the workplace and that it proposes to request technical assistance from the Office in order to enhance the capacity of labour inspectors to identify and address cases of sexual harassment. The Committee also notes that the formulation of the National Policy on Equality between Men and Women (PNEFH) was launched in June 2008 and is in the process of being finalized. Expressing the hope that the Government will be able to avail itself of technical assistance from the Office to train labour inspectors in issues related to sexual harassment, the Committee requests the Government to supply information on the steps taken towards this end. The Committee also hopes that the Government will seize the opportunity provided by the formulation and implementation of the PNEFH to include measures aimed at protecting workers against sexual harassment at work, including awareness-raising and training measures. The Committee also encourages the Government to consider the possibility of including provisions in the labour legislation which define and prohibit sexual harassment and to make provision for appropriate avenues of redress.

Articles 2 and 3. Promotion of equality of opportunity and treatment between men and women. The Committee notes the information supplied in the Government’s report on the employment of women. It also notes, according to a study on the situation of women in Mali, published in September 2007 by the Ministry for the Advancement of Women, Children and the Family, that women remain segregated in the informal economy (particularly in the commercial and catering sectors) and in agriculture, that their work is poorly paid and extremely precarious and that it is often difficult for them to have access to credit and to the means of production, particularly in rural areas. According to the Government’s report, women accounted for 25.6 per cent of public service staff in 2007 and, according to the abovementioned study, women in the public service are concentrated in lower-ranking posts and are almost completely absent from managerial posts. The Government emphasizes in its report that the PNEFH is tackling the socio-cultural factors on which discrimination is based and recommending solutions for overcoming obstacles, and points out that a number of measures have already been taken, such as the establishment of support projects which have resulted in improved access to credit for women and in the establishment of centres for self-promotion. The Committee requests the Government to supply information on the implementation of the PNEFH as regards employment and occupation, in both the public and private sectors, and in urban and rural areas. The Government is also requested to provide information on planned measures to counter stereotypical attitudes regarding the respective roles of men and women in society and sexist preconceptions regarding women’s capabilities in order to combat occupational segregation.

Women’s access to education and vocational training. The Committee notes that according the 2007 study, further training opportunities which are accessible for women, in both the public and private sectors, are virtually non‑existent and that, where they exist, the women workers concerned face constraints which prevent them from taking up such opportunities, particularly because of their family responsibilities and domestic tasks. The inadequacy of training for women and their low level of education hamper their full participation in economic activity and, in particular, their occupation of managerial posts. In this regard the Committee notes information on the measures taken by the Government to boost the school attendance rate for girls at the level of basic education, which increased from 33 per cent in 1995 to 73 per cent in 2008, and to remove obstacles to schooling for adolescents. The Committee requests the Government to continue to supply information on the measures taken or contemplated, particularly as part of the National Training Policy referred to by the Government in its report and/or as part of the PNEFH, to continue to improve access for girls to all levels of education, particularly in rural areas, and enable them to remain in school, and also to increase the provision of vocational training intended especially to equip women for a wide variety of employment, including in those jobs traditionally done by men.

Article 5. Special measures. Restrictions on women’s employment. The Committee notes that Decree No. 96-178/P-RM of 13 June 1996 contains provisions adopted pursuant to section L.189 of the Labour Code on the work of women and establishes, inter alia, the list of types of work prohibited for women and work which they may perform under certain conditions. The Committee recalls that, in order to be compatible with the principle of equality, any protective measure applicable to women’s employment must be strictly proportional to the nature and scope of the protection sought and be limited to the protection of maternity. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health. The Committee therefore requests the Government to supply information on the measures taken or contemplated with a view to reviewing the list of activities pursuant to section L.189 of the Labour Code, prohibiting or limiting work that can be done by women in the light of the principle of gender equality and limiting such protection to maternity.

Application and access to justice. The Government is requested to supply information on any court decision issued in relation to equality of opportunity and treatment in employment and occupation and also on any measures taken to facilitate the exercise by women of their rights vis-à-vis the competent judicial bodies (access to justice, enforcement of court decisions).